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2018-10-16
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, O ctober 16, 2018 at 6:00 P M 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 X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Community Invocation by J ustin J ordan of Real L ife M inistr ies 4. Adoption of Agenda Adopted 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 A. Approve M inutes of O ctober 2, 2018 C ity Council Regular M eeting B. Bountiful C ommons Water and S ewer E asement No. 1 C. Bountiful C ommons Water and S ewer E asement No. 2 D. Bountiful C ommons Water and S ewer E asement No. 3 E. Compass P ublic C har ter S chool Water M ain E asement F. P aramount S elf S tor age Water M ain E asement G. Ver tical View Water M ain E asement H. Touchmark of T reasure Valley P artial Release of Water and S ewer E asement I. F inal Order for E arl G lenn S ubdivision (H-2018-0094) by Riley P lanning S er vices, L ocated at 1780 E. M cM illan Rd. J. F indings of F act, C onclusion of L aw for S an G orgonio S ubdivision (H-2018-0092) by A Team L and C onsultants, L ocated at 200 Rosalyn C t. K. D evelopment Agreement for F airbourne S ubdivision (H-2018-0052) with HB U Investments, M D C, LLC, and F air bour ne D evelopment, LLC , located at the NWC of W. Chinden B lvd and N. Black C at Road, in the S E 1/4 of S ection 21, Township 4 N., Range 1W L. Resolution No. 18-2114: A Resolution O f T he M ayor And T he C ity Council O f T he C ity O f M eridian Re-Appointing J o G r eer To S eat 6, J essica West To S eat 7, And K eith B evan To S eat 8 Of T he M eridian P arks And Recr eation C ommission; And P r oviding An E ffective D ate. M. Resolution No. 18-2117: A Resolution Adopting the Revised P ur chasing Policy of the C ity of M eridian. N. Approval of Sole S our ce D r ive Replacement P ur chase for Yaskawa D rives by D ykman E lectr ical at Well 16B , 16 C , and 21. T he Not-to-E xceed amount for these dr ive replacements and ser vices is $45,746.00 O. AP I nvoices for P ayment 10/10/18 - $3,194,011.51 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. Recognition of Tom S auer for Year s of S er vice on the B oar d of Adjustment 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 Ci ty Council and pursuant to Idaho Code does not vote on public hearing i tems, unless to break a tie vote. A. Resolution No. 18-2115: A Resolution O f T he M ayor And T he C ity Council O f T he C ity O f M eridian Appointing P atricia M atthews To S eat 8 O f T he M eridian T r anspor tation Commission Approved B. Resolution No. 18-2116: A Resolution Appointing J ody Ault To S eat 7 O f T he M er idian Historic Preser vation Reappointing J acy J ones To S eat 3 And B laine J ohnston To S eat 2 Of T he M er idian Historic P reser vation C ommission. Approved C. Approval of P ar k Identity P ublic Art P roject Request for P roposals to be I ssued Approved D. Request for Reconsideration for Tanner C r eek S ubdivision (H- 2018-0023) by S chultz D evelopment, L ocated at 505, 521, 615 and 675 W. Waltman L n. Findings remanded back to staff to amend for clarity E. P ublic Hearing for C alderwood B usiness P ark (H-2018-0103) by AL C Architectur e, L ocated at the S E cor ner of S. M er idian Rd. and E. C alderwood Dr. Approved 1. R equest: Modif ication to an E xisting Development A greement to allow f or minor vehicle repair us es on the property and to modify certain other provisions of the development agreement F. P ublic Hearing continued fr om S eptember 11, 2018 for Costco Wholesale (H-2018-0066) by Costco Wholesale L ocated generally at the southwest cor ner of W. C hinden B lvd./S H-20/26 and N. Ten M ile Rd. Approved 1. R equest: Modification to the D evelopment A greement to include conceptual building elevations G. Community D evelopment Report: F indings of F act, C onclusion of L aw for T imber C r eek Recycling (H-2018-0042) by M ichael M ur goitio, L ocated at 7695 S. L ocust G rove Rd. Re-opened public hearing scheduled for November 7, 2018 H. Real E state Purchase Agr eement between the City of M eridian and the M eridian D evelopment C or poration for proper ty located at 33 E . I daho Avenue, M er idian, Idaho known as O ld C ity Hall. Approved I. Approval of C ollective L abor Agr eement between the C ity of M er idian and L ocal 4627 Approved 10. O rdinances A. O rdinance No. 18-1793: An O rdinance (H-2018-0052 – F airbourne Subdivision) F or T he Re-Zone O f A P ar cel L and L ocated I n T he S e ¼ O f T he S e ¼ O f S ection 21 And T he S W ¼ Meridian City Council October 16, 2018. A Meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, October 16, 2018, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Ty Palmer, Genesis Milam, Anne Little Roberts and Treg Bernt. Also present: C.Jay Coles, Bill Nary, Sonya Allen, Josh Beach, Stephane Leonard, Kyle Radek, Brian Caldwell, 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: Thank you for your patience. We apologize for the late start, but we appreciate you all being here in attendance. For the record it is Tuesday, October 16th. It is ten minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan of Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Justin Jordan with Real Life Ministries. If you will, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Jordan: Thanks, Mayor. Thanks, Council. Let's pray. Heavenly Father, thank you for giving us another day and an opportunity for our Council to come together tonight. God, we know that you have created government to allow goodness to flourish and to confront evil. We asked, God, that you would give wisdom and direction to the Council to make decisions for goodness to continue to flow for us throughout Meridian. We thank you for the blessing that you have poured out on this city and continue to pour out. We thank you for the citizens and we thank you just for the ability to live here and raise our families. Be in this meeting tonight and, like I said, may wisdom, may goodness flourish. We pray this in your son's name, amen. Meridian City Council October 6, 2018 Page 2 of 33 Item 4: Adoption of Agenda De Weerd: Thank you. Pastor Justin. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We have one amendment to the agenda. On the Action Items, Item 9-I, we are going to move up to 9-A and take that one first with regards to our Fire Department and -- De Weerd: Mr. Borton, I -- they are on a call right now, so they said leave it as is. Borton: Leave it as is. That takes a little more precedence. All right. Well, then, never mind. The agenda -- there are no other changes, so, Madam Mayor, I would move that we adopt the agenda has published. Cavener: Second. De Weerd: I have a motion and a second to adapt the agenda as published. 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. It does not appear that anyone has signed up for Item No. 5 this evening. Item 6: Consent Agenda [Action Item] A. Approve Minutes of October 2, 2018 City Council Regular Meeting B. Bountiful Commons Water and Sewer Easement No. 1 C. Bountiful Commons Water and Sewer Easement No. 2 D. Bountiful Commons Water and Sewer Easement No. 3 E. Compass Public Charter School Water Main Easement F. Paramount Self Storage Water Main Easement Meridian City Council October 6, 2018 Page 3 of 33 G. Vertical View Water Main Easement H. Touchmark of Treasure Valley Partial Release of Water and Sewer Easement I. Final Order for Earl Glenn Subdivision (H-2018-0094) by Riley Planning Services, Located at 1780 E. McMillan Rd. J. Findings of Fact, Conclusion of Law for San Gorgonio Subdivision H-2018-0092) by A Team Land Consultants, Located at 200 Rosalyn Ct. K. Development Agreement for Fairbourne Subdivision (H-2018- 0052) with HBU Investments, MDC, LLC, and Fairbourne Development, LLC , located at the NWC of W. Chinden Blvd and N. Black Cat Road, in the SE 1/4 of Section 21, Township 4N., Range 1W L. Resolution No. 18-2114: A Resolution Of The Mayor And The City Council Of The City Of Meridian Re-Appointing Jo Greer To Seat 6, Jessica West To Seat 7, And Keith Bevan To Seat 8 Of The Meridian Parks And Recreation Commission; And Providing An Effective Date. M. Resolution No. 18-2117: A Resolution Adopting the Revised Purchasing Policy of the City of Meridian. N. Approval of Sole Source Drive Replacement Purchase for Yaskawa Drives by Dykman Electrical at Well 16B , 16C , and 21. The Not-to-Exceed amount for these drive replacements and services is $45,746.00 O. AP Invoices for Payment 10/10/18 - $3,194,011.51 De Weerd: Okay. Thank you so much. And Item 6 is our Consent Agenda. Borton: Madam Mayor. Borton: Mr. B orton. Borton: There were no changes to it, so I would move that the Consent Agenda be approved and for the Mayor to sign and Clerk to attest. Cavener: Second. Meridian City Council October 6, 2018 Page 4 of 33 De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion? Hearing none, 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. Item 7: Items Moved From The Consent Agenda [Action Item] Item 8: Community Items/Presentations A. Recognition of Tom Sauer for Years of Service on the Board of Adjustment De Weerd: Item 8. I have a plaque here for a long time community member who has been serving in a couple of different functions, but tonight we would like to recognize his dedicated service to our board of adjustment. So, I'm going to move down to the podium for a moment. So, Tom Sauer is not an unfamiliar face at City Hall. Tom and Karen have volunteered in our parks, certainly as an advocate for pickle ball, for any of you who know what pickle ball is, there is quite the movement for that. They have sat at our front desk welcoming citizens as they come into City Hall. He has served on our SWAC committee for -- Mr. Nary, the last eight years? Nary: Yes. De Weerd: For the last eight years has served as our citizen representative on the board of adjustment. What I really appreciate with Tom is he is kind of a no nonsense, give me the facts and let's get this cleared up. Your service to the community has been sincerely appreciated. You have gone above and beyond and it's with great honor that I recognize you for your years of service. It says the City of Meridian has greatly benefited from your valuable gift of time and your expertise. Meridian is a more vibrant community because of your service and we thank you and hope this small token of our appreciation shows you how much you really have been appreciated. Sauer: Thank you. I would just like to say it's been a pleasure for the last eight years working with such fine people and I have been looking for the bad penny and I haven't found it yet. So, this is a great city to live in and it's a great city to volunteer for, because they do so much for us and they take care of us. So, I appreciate this. Thank you very much, Mayor Tammy. Thank you again. Item 9: Action Items Meridian City Council October 6, 2018 Page 5 of 33 A. Resolution No. 18-2115: A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Patricia Matthews To Seat 8 Of The Meridian Transportation Commission De Weerd: Okay. Item 9 is under Action Items. 9-A is a Resolution 18-2115. These -- this appointment is appointing a new member, Patricia Matthews, to our Meridian Transportation Commission. Council, I had interviewed with the chair of the Transportation Commission Mr. Ballard and we bring this name forward as the recommendation to fill Seat 8. Are there any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I didn't see anything in our packet, any information about this individual. Can you share with us a little bit about their background and experience? De Weerd: Yes . Ms. Matthews has been an employee of ITD in the past. She has also served as an insurance adjuster that has gone out on scenes of accidents and assessed some of the -- the problems that have been in the way. She's got a real passion for transportation-related issues and feels that she can bring her problem solving skills to the commission, as well as her expertise in -- in some of these different areas. Cavener: Great. Madam Mayor, if there aren't any questions -- other questions, I move we approve Resolution 18-2115 . Milam: Second. Cavener: Oh, go ahead. I will leave it at that. Milam: 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. MOTION CARRIED: ALL AYES. B. Resolution No. 18-2116: A Resolution Appointing Jody Ault To Seat 7 Of The Meridian Historic Preservation Reappointing Jacy Jones To Seat 3 And Blaine Johnston To Seat 2 Of The Meridian Meridian City Council October 6, 2018 Page 6 of 33 Historic Preservation Commission. De Weerd: Is Ms. Matthews here tonight? I don't -- I didn't see her. Okay. Item B is Resolution 18-2116. This is a resolution appointing Judy Ault to Seat 7. This is actually adding an additional seat to the Historical Preservation Commission. We had six, this will make it to an odd number, which is preferred. When we added the youth member it added an even number. There is great passion by Ms. Ault. She has done a lot of volunteer work at the Basque museum. She has done a lot of the digital cataloging and -- and those kind of things. She brings an expertise to the commission that hasn't been there and Blaine and I felt that it would be certainly a great asset bringing this to the HPC. This is also a reappointment of Blaine Johnston to Seat 3 and -- our Jacy Jones to Seat 3 and Blaine Johnston to Seat 2. So, I would stand for any questions. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: If there are no questions, I move that we support Resolution 18-2116 and I'm excited to see Jacy Jones and Blaine Johnston returning. They have done a great job. Milam: Second. De Weerd: Yes . I have a motion and a second. 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. Approval of Park Identity Public Art Project Request for Proposals to be Issued De Weerd: Item C is under our Meridian Arts Commission and approval of the park identity in public art project. I will turn this over to Hillary. Bodnar: Thank you, Madam Mayor. I stand before Council today to let you know that the Arts Commission and Parks Commission have worked together to approve two request for proposals. We, essentially, want your approval of these before we put them out into the public and before we even start soliciting for proposals from artists. So, we decided to, upon your approval, release two art pieces at the same time for two park art projects. One in Champion Park and one in Renaissance Park. So, the model is very similar to the model of Heroes Park. It almost -- the dates were very very similar as Meridian City Council October 6, 2018 Page 7 of 33 well. We ended up giving them a little more time to submit proposals in case there was a roster of artists interested in submitting proposals for both. That would take them more time. And, essentially, we would aim for these to be FY-19 projects. And I will stand for any questions. De Weerd: Council, any questions? Okay. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there aren't any questions, I would move that we approve the park identity public art project RFPs and direct that they be issued as presented. Little Roberts: Second. De Weerd: I have a motion and a second. Any questions or comments? 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. Bodnar: Thank you. D. Request for Reconsideration for Tanner Creek Subdivision (H2018-0023) by Schultz Development, Located at 505, 521, 615 And 675 W. Waltman Ln. De Weerd: Thank you, Hillary. Item 9-D is a request for reconsideration of Tanner Creek Subdivision, H-2018-0023. Mr. Nary. Nary: Thank you -- thank you, Madam Mayor, Members of the Council. You have a request from the applicant to reconsider the decision made in the Tanner Creek application that was before you in September. The applicant has requested additional opportunity to present additional evidence. That doesn't really comply with our ordinance, which requires to point out a legal deficiency in the decision that was originally made. Hadn't really raised that, he simply was wanting an opportunity to provide additional facts to the record. It's our opinion that that is not necessary, unless you desire that, but, otherwise, you can stand on the findings that you originally made, but we would recommend that you direct the findings back to staff for more specific findings to be included in the findings document. The findings document does outlay -- or does lay out the decision that was made by this Council and the reasons that were Meridian City Council October 6, 2018 Page 8 of 33 done, but it refers back to the record for those findings and for a court's perspective we need those specific findings that were in the record from the discussion you had back in September to be placed in the document. So, we would recommend you remand it simply for some clarity to the findings and clarification of those and, then, you could have it back in a future agenda for approval. But we wouldn't recommend approving the request FOR reconsideration. De Weerd: Thank you, Mr. Nary. Council, any comments, questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: If there aren't any comments, I would move that we grant the request for reconsideration for Tanner Creek Subdivision for the limited purposes of articulating from the -- from within the existing record the specifics necessary to place into some amended findings of fact and conclusions of law as suggested by legal counsel. I think it's not only the legal way to do it, but I think it's also the most appropriate for an applicant to see those specifics within the findings of fact and conclusions of law and, then, make a decision whether they -- how they want to proceed, so -- Cavener: Second. De Weerd: I have a motion and a second. 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. E. Public Hearing for Calderwood Business Park (H-2018-0103) by ALC Architecture, Located at the SE corner of S. Meridian Rd. And E. Calderwood Dr. 1. Request: Modification to an Existing Development Agreement to allow for minor vehicle repair uses on the property and to modify certain other provisions of the development agreement De Weerd: Item 9-E is a public hearing for H-2018-0103. Just wanted to talk about our public hearing process. First in terms of we have our staff that gives an overview of the application and some of the staff findings and conditions. We, then, ask the developer Meridian City Council October 6, 2018 Page 9 of 33 to present their application. They have ten minutes to do so. At that point we will open it up for public comment. Public is offered three minutes to give testimony and at the end of public comment, after everyone has had a chance to testify one time, we ask the applicant to come and give final remarks and to answer any questions that were raised during the public hearing. It gives, then, Council an opportunity to ask questions of staff, applicant, or any of those that have provided public comment. I just also would note that there is a public record that has been available to not only the public, but City Council that gives a lot of the agency comments, written comments from our public as well, which has already been reviewed by Council, as well as Planning and Zoning meetings that have happened prior to. So, with that I will turn this over to staff. Beach: Thank you, Madam Mayor, Members of the Council. So, before you this evening is a development agreement modification for Calderwood Business Park and you can see the zoning map here. A p ortion of this is zoned L-O, further away from Meridian Road, and the parcels along Meridian Road are zoned C-G and pull up the aerial here. You can kind of see what's going on in the area. So, as most of you know, the Dutch Bros was installed there -- constructed there earlier this year. There is a hair facility across from Blackspur Way -- on the east side of Blackspur Way adjacent to this development. So, starting out the applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA Council approved a conceptual development plan -- a conceptual development of plan and specifically disallowed several uses that would otherwise have been allowed within the C-G and L-O zoning districts. Minor vehicle repair was one of the uses specifically prohibited within the development due to the close proximity of the residential uses. Bill Parsons worked on this project back in 2015 and personally was the one that suggested that certain uses be limited on this property. At this time in going through the process we were relatively in reliance and hoping that we would get some feedback from the residents adjacent -- specifically the care facility that's across Blackspur Way as to whether or not they were in support or against several of the uses. So, going back through this, the previously approved concept plan depicts three office pads, three commercial pads, and one drive-thru pad. Obviously, the drive-thru pad now is where the Dutch Bros. is. The drive thru has since been developed. The concept plan is not being modified as part of this application. However, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development movement because of the proximity to sensitive residential areas, such as the residential care facility to the east. Staff is of the opinion that the C-G portion of the development is far enough -- approximately 193 feet from the care facility -- that allowing the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face to the north and the applicant is required to install a 20 foot -- a 20 foot -- 25 foot landscape buffer on the south side of their structure up against that residential zoned property, so any sound impact should be minimal. The proposal to change the previously prohibited uses as now permitted only Meridian City Council October 6, 2018 Page 10 of 33 applies in the C-G zoning designation. The previously prohibited uses will remain as prohibited in the L-O zoning designation. So, going back to the aerial, there are several uses and I can go through those that staff feels should -- should all be permitted, not just the minor vehicle repair, but they would only be permitted in the C-G zoned portion, they would not be permitted along the boundary. Lastly, staff had a couple things that we have since -- since writing the staff report have become aware of. M was a provision that we added to the development agreement that's no longer applicable, we have -- we have fixed that and I would like to apologize for an error in the staff report. My brain wasn't working Friday afternoon, so grammatically I want to correct something. My intention here in E was to allow for all of the remaining uses in the C-G, but not in the L- O zoning district and the way I worded that's kind of goofy. The following uses shall only be allowed within the C-G zoning district portion of the development, except for the following, and so the intention is to rewrite that, so that all of those uses are allowed in the C-G, not L-O. If I can do it correctly this time. Staff is recommending approval and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions for staff? Borton: Madam Chair? De Weerd: Mr. Borton. Borton: Josh, in the -- in the application packet you have this condition with -- stricken is except for the following uses which are prohibited. You have that stricken in the remainder, so -- Beach: Yeah. So, the -- the strikeout didn't come over when I imported the staff report and we can talk about -- Borton: But the staff report link, that's correct? Beach: Correct. Borton: Yeah. That makes sense. De Weerd: Okay. Any other questions at this time? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Wilmot: Richard Wilmot, 1119 East State Street, Eagle, Idaho. De Weerd: Thank you, Richard. And if you will note on the screen in front of you, there should be time listed. Wilmot: There is. De Weerd: So, you can track your time allowed. Meridian City Council October 6, 2018 Page 11 of 33 Wilmot: I will try to be brief. Council, thank you for your time this evening. As -- as Josh had mentioned, we are asking for development agreement modification to -- for this exist -- for this property. We have gone through a number of steps in terms of the property itself. We have -- we have completed and have an approved property boundary adjustment to create this parcel, which is effectively going to be a new Lot 7, Block 1. It was a combination of a variety of parcels that -- that we have since achieved the -- the property boundary adjustment and given that this property is on Meridian Road, we feel the way that the rest of the development has -- has gone it just makes sense to allow the full uses that are allowed within the C-G zone to be allowed on this property, which previously weren't before and so with that, as -- also as Josh had mentioned, we -- we have a use that -- that is compliant with all of the requirements of the C-G zone. The one thing to clarify, though, currently we are showing a 20 foot setback and I want to make sure that's, in fact, the case and not a 25 along the south. Is that -- Beach: No. It's 25. Wilmot: It is 25 for sure? Okay. So, if that's the case we can make that adjustment to our current concept plan that was submitted with the -- with the application. Beyond that we -- we agree once -- once Item M is stricken from the report we agree with -- with everything in the report. There was nothing that was -- that was adverse to -- to our opinion of how -- how it should be approved, so we are -- we are in agreement assuming that Item M is stricken from the report. With that I welcome any questions. De Weerd: Thank you. Council, any questions? Mr. Clerk, have there been citizens who signed up to testify? Coles: Thank you, Madam Mayor. In addition to the applicant, who just spoke, Billy Green, Jr., was also listed in favor wanting to testify. De Weerd: Good evening. Green: Good evening. De Weerd: If you will, please, state your name and address for the record. Green: Yes . Billy Green, Jr. 17725 Katy Freeway, Houston, Texas. De Weerd: And, Billy, if you can pull that mic as close to you as possible. Green: All right. Want me to repeat it? De Weerd: No. We got you. Meridian City Council October 6, 2018 Page 12 of 33 Green: Okay. Actually, this minor use is -- is actually Christian Brothers Automotive. We have been around for several years. Since 1982. We have 190 locations in 26 states. We have already been a part of the community. We have another location. We love being a part of this neighborhood and we are excited about potential additional locations. I don't think we have had any complaints or adverse situations at our existing location, which is awesome, adjacent to other uses and would like to continue to add an additional location. De Weerd: Thank you. Council, any questions? Green Thank you. Coles: No other signups. De Weerd: This is a public hearing. Is there anyone who wishes to provide testimony on this item? Okay. Seeing none -- Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we close the public hearing on H-2008-0103. Milam: Second. De Weerd: I have a motion and a second close the public hearing on Item 9-E. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we approve H -- Item E, H-2018-0103 for the modified development agreement as noted in the October 16th staff report and conditions 5.1E and, then, 5.1M will be stricken as well. Beach: Madam Mayor, quickly. So, Item E wouldn't be stricken. Item M -- Borton: M is stricken. E is -- Beach: I have altered it on the staff report on your screen to how it should read. So, however you want to make that motion, but this is -- this is how it should read, so -- that's not what the staff report originally said. I have tweaked it on the screen, so you can kind of see what the intention was. Meridian City Council October 6, 2018 Page 13 of 33 Borton: Madam Mayor. The one in our packet says just that. What I'm looking at, so -- at any rate, we are going to get to the same end result. What's on the screen and M is stricken is the motion. De Weerd: Okay. I have a motion. Do I have a second? Little Roberts: Second. De Weerd: Have a motion and a second. Any further comment from staff? Josh, are we good? Okay. Any questions? Milam: Not if they are good. De Weerd: Okay. Mr. Clerk. 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. F. Public Hearing continued from September 11, 2018 for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH- 20/26 and N. Ten Mile Rd. 1. Request: Modification to the Development Agreement to include conceptual building elevations De Weerd: Okay. Item 9-F is a public hearing continued from September 11, 2018, for Costco Wholesale, H-2018-0066. I will open this with staff comments. Allen: Thank you, Madam Mayor, Members of the Council. The next application before you is the development agreement modification for the Costco site. This project was last heard by the City Council on July 24th. At that meeting Council voted to continue the project in order to allow the applicant time to work with the neighbors to come up with a building design more compatible with adjacent residential areas, taking into consideration feedback from neighbors presented at the public hearing. The applicant and the design team held two additional neighborhood meetings, August 14th and September 11th , at which they worked with the neighbors to come up with revised building elevations that have more of a residential feel, with earth tone colors, rather than industrial with gray tones. There was a couple tweaks made to the site plan as shown and I will just run through these quickly. Materials for the building consist of stone, brick, stucco, glass, steel and architectural metal siding panels. The project was Meridian City Council October 6, 2018 Page 14 of 33 renoticed for tonight's hearing and notices were mailed out to everyone within one thousand feet of the boundary of the site at the direction of City Council at the last hearing. I will just run through some additional drawings the applicant submitted. The structure is subject to the design standards listed in the architectural standards manual and will be reviewed for compliance with such with the design review application submitted with the certificate of zoning compliance application. Since the Council hearing on July 24th written testimony has been received from Justin McMurdi, John Wright, Emily Piscione, Jane Albert, Tom Callison and Dinah Gallo. Staff will stand for any questions. I believe the applicant is here to present. De Weerd: Okay. Council, any questions at this time? Cavener: Not right now. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Kahn: Good evening. Peter Kahn. Costco Wholesale. 999 Lake Drive, Issaquah, Washington. De Weerd: Thank you. Kahn: Nice to be here in front of you again. I think we have a good story to tell. We last met, as staff mentioned, on July 24th and we held two community meetings. I want to thank the community. They were very very well organized, had lots of good ideas. I feel that we have worked really hard to incorporate as many as those as we thought we could or work with a cohesive design that we all ended up with. I want to particularly thank Jane Albert, who was one of the community leaders and spokespersons for the community and Denise Hansen La Fever, who also was instrumental in organizing the community and getting their feedback and making sure we at Costco got that feedback. So, we have a design that's quite a bit different from what we showed you on the 24th. We moved away from the tech industrial design and we have come back I think with something, as the staff mentioned, that is warmer, more fitting for the residential area. The comments that we have gotten from the community, most of them are favorable. As you know you can't please everybody all the time, but I think we came a long way in pleasing most of the people that participated in the process and we will walk you through the design now. With me tonight are Steve Bullock from MG2, Charlie Ekblad from MG2. He was the principal designer on it and, then, Mark Weisman, our landscape architect. With that I will turn it over to Charlie, who was the principal designer, as I said, and he will walk you through the design. Thank you. De Weerd: Thank you. Good evening. Ekblad: Good evening. Charlie Ekblad. 1101 2nd Avenue, Seattle, Washington. 98101. Do we have our -- the submitted presentation or should I just go off of what we have here? Thank you. Yes. Okay. And, if not, I can go off of what we had, but -- thank you. So, as it's been discussed, we really wanted to focus on both site design Meridian City Council October 6, 2018 Page 15 of 33 and building design and how those can really come together and so we focused on -- heard from the neighbors on the site. They want amenity spaces for pedestrians, connectivity with the Chinden Road and Ten Mile and, then, also buffers for the buildings along the Costco south and west facades, and so here on the site plan we see -- or begin to see the nodes that are proposed throughout the site and focusing on that connectivity. The Costco site amongst the surrounding land. The buffers between the south and, then, the west sides of the building and, then, talking about how site design, landscape design, and building design comes into one, we heard the words pergola, we heard the words -- kind of creating this community spaces and amenities and so we wanted to create something in the site, but, then, also have it speak to the entry canopy and, then, also other parts of the building that pedestrians interact with and really focusing on that pedestrian scale, making what is really a rather large building get down in scale and really where the pedestrians interact and so this pergola design that is seen throughout the site is also seen on the entry canopy and so bringing in those warm colors of the materials and so we have cultured stone as a primary material -- material on the columns, secondary materials are half height, smooth faced CMU and, then, soldier coursing and trellis materials, creating these details that, again, are bringing the scale of a large building down to the pedestrian level. So, this shot begins to show -- here we have the doors down -- we call it an enclosed canopy. So, that is what it would look like for say two to three months of the year, but, really, when the weather cooperates -- as the weather permits they are going to be open. It's going to be inviting for people to come through all entrances, not just the main slider doors and those -- are even in the winter months, if the weather permits, those will be open and pedestrians could go through all of those entrances and openings between the columns. Again, talking about bringing the site design into the building and creating these pedestrian nodes. We wanted to create a space that connected with the parking lot, but, then, also the entry canopy. So, someone gets a hot dog, they now have a pergola and seats and benches that they can go enjoy that and communicate with one another. So, we had a lot of communication and conversation about the -- creating areas of focus and wanted to break up the facade, but not by discontinuing to attach things to the building and so pulling these pergola and trellis features off of the building into landscape islands, separating the buffer -- or the cars from the pedestrians and creating more of an experience along the building was a big focus of the redesign and something that wasn't really shown in the original, but through the communication with the neighbors we really wanting to create those experiences and create those spaces. The backside is -- so, this is the south side of the building -- south and west side and it's really meant to be modest. It -- it continues the same language of the rest of the building, same materiality, same corner treatments with the cultured stone, mixed with the smooth face and continuing that trellis, but we wanted this to be modest. It has a big buffer on the south side from any of the multi-family residential, but that's just -- that's what it wanted to be in, so that's what we let it be. And, then, continuing to the east -- on the north side we have those landscape islands pulled off from the walkway, but here with the functions of the tire center and everything we were unable to do that, but, secondarily, we did -- we were allowed to put some planters and so the focus of these planters, not only cooperating with the corner piece as it wraps around the pilasters of cultured stone, but was to create these points of interest between these landscape islands that you see Meridian City Council October 6, 2018 Page 16 of 33 on the right with the trees and so as you make your way around the building the facade continues to be broken up with the landscaping, again, interacting -- the building and the site all is one. And kind of in conclusion, this is the elevations and so what we really kind of tried to focus on is a consistent language and a consistent rhythm throughout the elevations and throughout the -- throughout the building overall. And, then, finishing off with the fuel facility in the northeast corner of the site and, again, talking about the cohesion of the design and the materiality, bringing in what you see at the entry canopy of the columns of the three types of stone, cultured, smooth face and, then, the soldier coursing on top, bringing that all together and so that concludes. Thank you. De Weerd: Thank you. Council, any questions for the applicant? Okay. Thank you very much. Mr. Clerk. Coles: Thank you, Madam Mayor. Jane Albert wishes to testify on this application. De Weerd: Good evening, Jane. If you will, please, state your name and address for the record. Albert: Good evening. I'm Jane Albert. 6628 North Salvia Way in Meridian. De Weerd: Thank you. Albert: So, I -- I must reiterate my opposition to the project and my acting as the liaison with Costco for my neighbors to discuss the design concepts in no way implies that I have changed that view, but in this endeavor I represented both those who are in favor of the project, as well as those who were opposed, for each -- in each case we desired a building and grounds that are compatible with the neighborhood and offer as much screening of the warehouse building and fuel center as possible. Our process was that I held two neighborhood meetings and presented views of 20 different elevations of Costcos from around the country, submitted by neighbors and sourced by me. Neighbors commented on each, as well as making general comments with their suggestions and concerns. We presented the information to Costco at their neighborhood meeting held on August 14th, as well as posting our original sheets for others to review and comment upon at that meeting. The sheets were, then, scanned and provided to Costco electronically, in addition to the information and comments that they received on various design elements that they presented in the meeting. I also submitted them on the record. After I disseminated all of the views of the design elements, including those presented by Costco to the list of neighbors with which I communicated on the project, requesting input from those who were not able to attend the Costco neighborhood meeting. At that first meeting I think that Costco noted on their signups -- there were about 40 people. I represent about 77 that are on that list, so I would say given the cross there we are probably talking about a hundred people who presented input for us or were given the opportunity. At the second Costco neighborhood meeting on September 11th they came with an updated landscape and building design and, again, solicited feedback from neighbors, which was provided. After incorporating that feedback and design and materials, Costco provided us with the Meridian City Council October 6, 2018 Page 17 of 33 update drawings, substantially the same as those provided to the city. I, then, again, a selected -- solicited input from our -- our neighbors and communicated those to Costco and those comments are included with their submission to the design and in closing all the neighbors are appreciative of the opportunity to truly participate in the process with additional neighborhood meeting -- meetings as called for by the Council, the required noticing expanded by the Council and Costco increasing their outreach to those who testified during the prior proceedings. We know that these steps didn't have to be made, we know that Costco really stepped up beyond, listened to the neighbors and we are very grateful for that. Thank you. De Weerd: Thank you. Coles: Rich Burke has also signed up to testify. Burke: Hello, Mayor and Council. My name is Rick Burke. 6092 North Santa Rita, Meridian. 83646. De Weerd: Thank you. Burke: I really don't have too much more to add to what Ms. Albert said, but I just wanted to continue and voice my opinion in opposition to the project. It's probably going to go anyway, but with strong opposition to the surrounding neighborhood. We still feel strongly that this Costco, as much as we all love Costco -- De Weerd: This -- this hearing is about the design. Burke: Design review. De Weerd: Yes . Burke: Yeah. Well, design review or not, I still want to -- I'm in strong opposition to it. So, there you have it. De Weerd: Thank you, Rick. Burke: Thanks for your -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rick. De Weerd: Rick. Cavener: Would you be open to a question? Rick, thanks for being here. I think you have been at every meeting that we have had on this particular subject, so I appreciate Meridian City Council October 6, 2018 Page 18 of 33 you turning out. Recognize that we are talking about the design, as someone who has been involved in this process -- and I just am curious is -- does the design better meet kind of what the neighborhood was looking for from your perspective? Understanding you're opposed to the development, but the topic here tonight is the design. As someone who has been here for every meeting, I'm just curious if you would be willing to provide some perspective about the design and the layout of the building. Burke: Well, it's -- you have to give kudos to Costco, to -- and their folks who worked with them -- with the design. It's much better than what the original plan was. I have to, you know, give credit where credit is due. They have been very gracious in putting up with us and -- and working with us on the design, as well as the concern of it going in to begin with. So, yeah, kudos to Costco for the design. Cavener: Madam Mayor, follow up. Were there -- are there any elements that they haven't included that -- that you wish would have been included or something that was taken out that you really like? Burke: Well, I think it is what it is. It's -- Costco's tried to do their part, but -- Cavener: Fair enough. I appreciate it. Burke: Thank you. Cavener: Thanks, Rick. De Weerd: Thank you. Coles: There were no other signups, Madam Mayor. De Weerd: Okay. I would like to open it up and see if there is anyone who wishes to provide testimony that did not sign up. Okay. Seeing none, would you like to close, the applicant? Kahn: I don't believe there is much to add. I appreciate the kudos and I would just reiterate, you know, much what Jane and Rick said, that everybody tried their best to work together and I think we did pretty well, you know, considering, you know, many folks are still opposed to the project and we understand that, but I felt like we were able to bridge that gap and do something constructive and creative and I think it was a pretty positive process. With that thank you. De Weerd: Thank you. And I would just like to thank Jane for your coordination and being able -- you and Rick to set your opinion about the project itself aside and look at this as an opportunity to -- how many communities actually are asked to design their Costco. Probably not many. To the applicant, appreciate you having the understanding that their -- the emotions are still there and still high, but reaching out and listening to what the neighbors said. I think it's a great statement that this is not a full house Meridian City Council October 6, 2018 Page 19 of 33 because of those efforts that you offered to be heard. So, thank you for that. Council, any questions for the applicant or those that testified? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Unless anybody does, thanks for sticking with us. Oh, man. I move we close the public hearing on Item 9-F. Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve H-2018-0066. Milam: Second. De Weerd: Okay. I have a motion and a second to approve Item 9-F. Any discussion from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of echoing what Madam Mayor has already said, but thank you for your cooperation and I know that on both sides this has been a really tough and emotional kind of roller coaster for -- for all of you involved and thank you for -- for being here and for coming back and -- and working together to come up with a -- with a resolve. It is a much nicer building and, you know, people were hard on us for making you go back and redesign it, but I really like what you came back with a lot better than what you had before and so working with the neighbors, obviously, helped and the landscaping is beautiful. Hopefully all your -- your flowers are purple all year around. That's all. De Weerd: Any other comments? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council October 6, 2018 Page 20 of 33 Bernt: I wanted to take a second and thank Jane and Denise La Fever, who is not here this evening. Usually she is. And other familiar faces in the front row who have been here. Rick and others who have been here expressing concern and support of this project. I think this is a perfect example of what can happen when there is collaboration involved between development -- development and -- and local neighbors. If there is one thing that I have learned since I was elected to sit in this seat is that, you know, we are never always going to agree. That's just something that's -- it's very difficult to attain, but I always strive for discussion and an open door policy and I believe that there is always common ground that can be attained and -- and I believe in this -- this effort. I want to thank Costco and the local neighbors for their collaboration and what they have been able to do to come out with an end result like this. So, thank you so very much and, hopefully, those who are listening and watching can learn from this and, hopefully, we can continue this type of collaboration going forward. Thank you. De Weerd: Any further comment? If not, 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. Thank you again. MOTION CARRIED: ALL AYES. G. Community Development Report: Findings of Fact, Conclusion of Law for Timber Creek Recycling (H-2018-0042) by Michael Murgoitio, Located at 7695 S. Locust Grove Rd. De Weerd: Okay. Item 9-G is under Community Development, a discussion of the Findings of Fact and Conclusions of Law. Mr. Nary. Nary: Madam Mayor, Members of the Council, before you are the findings that were directed after the public hearing on this matter back in September. Subsequent to that the -- there was a request to -- for the staff to review the record of this case and provide other findings that were discussed at the time as part of the public record, so that Council could consider, if they wished, there would need to be some process and a motion to reconsider if you would like to do that. Your option is -- tonight is to either approve the findings as presented to you in the staff report or in your agenda or to -- if you want to consider the options we can discuss how to do that if that's what you would like to do. De Weerd: Okay. Thank you. Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council October 6, 2018 Page 21 of 33 Milam: I move to reopen the public hearing for the sole purpose of considering additional conditions. Bernt: Second. De Weerd: I have a motion and a second. Discussion from Council? Okay. I have a motion to reopen the public hearing, in particular to approval for findings for approval. Is that correct? Mr. Clerk. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: For findings or for conditions? De Weerd: For conditions. Nary: Conditions. De Weerd: For conditions. Milam: The sole purpose of considering -- De Weerd: Conditions. Milam: -- conditions. De Weerd: Mr. Clerk. 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. De Weerd: Mr. Nary, that will be set forward for -- Nary: So, Madam Mayor, Members of the Council, we -- we would recommend setting this for a new hearing date, so that we can properly notice. We can note -- because it's been on the agenda we can move it forward as a simple agenda item or if your direction would be that we send out notice we could send out notice as we did previously, we can send it out to 300 feet or a thousand feet, whatever you would like. If you want the signs to be put back up and request the applicant to do that. We could do the newspaper notice as we do normally here. If your preferences to do that full notice, we can do that. It would take approximately a month, Mr. Clerk, for all that timing wise? Meridian City Council October 6, 2018 Page 22 of 33 Coles: Correct. The soonest we could get it on, if we did a full notice, would be the November 20th hearing. De Weerd: And full notice would be the publication -- the required publication time. If you were to do an amended process of reaching out to those that provided testimony or signed up, what would that look like? Coles: That would simply be I believe at the discretion of the Council, Madam Mayor, in terms of timeline and time frame. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I would hate to push this for the applicant out until Thanksgiving. Can we ask him, now that it's open, if he has a date preference or -- and, then, we could figure out how we can -- Murgoitio: Mike Murgoitio. Managing member of Timber Creek Recycling. 7695 South Locust Grove, Meridian, Idaho. 83642. Madam Mayor, Members of the Council, I would prefer, like you're saying, if we could move this to like the next week or the week after would be preferable. To move it out to the 20th would be -- definitely keep pushing our process back to try and get things in motion with DEQ and the Health Department. So, I would prefer to try and, you know, have this as early as possible if we could. De Weerd: Thank you. Any questions for Mike? Bernt: No questions. De Weerd: Thank you. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: One question. How long would this process be pushed back if we were just to send out notices via mail? Coles: Madam Mayor, Members of the Council, I would recommend at least two weeks in order to print the -- the mailings and, then, get them out in the mail and, then, give those that received the notice adequate time to respond to that. De Weerd: November 7th? Meridian City Council October 6, 2018 Page 23 of 33 Coles: Three weeks -- our next meeting is October 23rd. There is no meeting the following week, it's a fifth Tuesday, and, then, after that the next is November 7th. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a suggestion, then, for Council is to maybe potentially schedule a special meeting on that fifth Tuesday to address this. I don't think it's appropriate for us to push it out any longer. If we can get information out within two weeks, have a special meeting, solely around this particular item. It would not be too time consuming for everybody's schedule. Because this body wants to reconsider this, we already had rendered a decision because we wanted to reconsider this. I don't think it's appropriate to continue it out any longer than what it takes for staff to be able to get the information out. If staff can get it out within two weeks, then, let's meet within two weeks on this. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess one question for the applicant is -- as he's already had a chance to review the conditions, if he has -- if he is -- if he is -- De Weerd: I don't think we can do that. Nary: Madam Mayor, Members of the Council, so two weeks is less than the 30th. So that means -- because what we -- notices won't go out until tomorrow. So, if -- if you're comfortable with that -- I mean that's certainly adequate, because, again, we could do agenda notice. I'm more hesitant at -- the more the better, so if you wanted the 30th for a special meeting that would be fine. I mean we could request -- the two most ways that people see these things is from the notices that go to their homes and the signs that are on the property and we find lately that many find it on NextDoor, but I don't know about this area of the city there is a lot of NextDoor participants in that area. So, those are the three ways to see it the most. So, definitely the mailed notice will be helpful, but it doesn't hit everyone. Coles: And, Madam Mayor, if I may interject here, the standard time frame or the time frame required by the law on a traditional public hearing when we have a first time public hearing coming before the Council is 15 days. The law requires that it's a 15 day notice. So, that's what the law requires when it's the first time coming before the Council. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council October 6, 2018 Page 24 of 33 Palmer: Since we don't have to notice at all, this is just -- we could do it next week if we send out notices tomorrow. Nary: You're more vulnerable if you don't. If you -- if you set it that short I -- I think it's more concerning to me to do it like that. That's why I suggest that you send out notice and notice it in a better fashion, so at least people have the opportunity to participate. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Nary, would you recommend putting a sign on the property? Nary: That -- because it's not the applicant's choice, the applicant would have to consent to do that. We couldn't order them to require it on the property. It is a -- it is a much more visible way to do it. If you want to order full noticing, that is the normal course. This one is a little unusual. So, again, the applicant would have to consent to doing that and there is generally a cost to that, so -- Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Given that we are considering a special meeting anyway, does it have to be on a Tuesday? Would anyone be more comfortable with Thursday, the 1st? I would just as soon go with our previous decision, but -- Cavener: I'm not opposed on -- for meeting on the 1st. A special meeting. Borton: I had no idea. Allen: Madam Mayor? Excuse me. I -- I believe we have a commission meeting that night. De Weerd: Yes. The 1st and 3rd. Right. You do. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Question for you or Mr. Nary or Sonya or C.Jay. Council can meet in Conference Room A and B at City Hall or -- or the Commission can meet in Conference Room A and B or in -- it sounds like we are overcomplicating this. If Council wants to meet for a special meeting on -- on the 1st, you can find a location. There are plenty of spaces in this building for a -- Meridian City Council October 6, 2018 Page 25 of 33 Milam: Madam Mayor? Cavener: -- overly complicated. Milam: I would like to recommend the 29th. Cavener: It's not enough time. We need 15 days. Coles: And, Madam Mayor, if I may respond and put some clarity to what Council Member Cavener has said. Absolutely, Council and -- and/or Commission can meet anywhere. There are some challenges that are presented with live streaming meetings in other locations than this room that we have found in meeting in other locations, just -- if -- if another room is selected that does present some challenges in terms of live streaming and recording for the -- for the public record. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I think we can meet here and Planning & Zoning can meet in the Conference Room A and B. Coles: Again, Madam Mayor, and Council Member Bernt, that does present some challenges for life streaming and getting the record for the meeting to happen in that location. Just as a point to consider. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are -- I think we are wildly off. Suggest it's the 7th or the 30th. We do stuff on Tuesday night. Tuesday night if it's -- if it's the 7th -- the -- what would make me lean to the 7th is it's got to be fair to the applicant to get time to look through it and understand what this may or may not be comprised of. The 6th is election day, so Wednesday, the 7th. And, then, if we are -- if the intent is giving notice to the public and so they receive it and act on it, then, let's give them that time. So, I lean to the 7th, but if -- if the Council wants to go to the 30th, I'm fine with that as well. But pick one of those two and let's go. Madam Mayor? De Weerd: Mr. Borton. Borton: I will make a motion and just -- we will get discussion going -- to continue this for that hearing on H-2018-0042 to November 7th. Bernt: Second. Meridian City Council October 6, 2018 Page 26 of 33 De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Clarification then. The renoticing costs, is that borne by the applicant or is that going to be borne by the city? Borton: Us. Madam Mayor. I would think we would absorb that cost. Cavener: Thanks. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I would like to just make sure that includes the posting of the sign if the applicant agrees -- is agreeable to that. I don't think they should have any expense with it. De Weerd: Okay. And post the site? So, the applicant has agreed to post the site and any cost associated would be borne by the city. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I guess I just want one last time clarification on this. I'm going to be absent on the 2nd. That Council will either approve additional conditions or it will be approved the way it has already been approved and those are the only two options; is that correct? Nary: Yes. Madam Mayor, Members of the Council, you are not reconsidering your decision, you are only considering whether additional conditions were to be included in this amendment to the development agreement, if any. So, you made a motion for one and you have a list of other ones that were discussed. So, it's one, some, or none, so -- but not of the decision you have already rendered. Milam: Perfect. Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council October 6, 2018 Page 27 of 33 Little Roberts: Madam Mayor. I guess my concern with posting on the site is people see hearing and the date and they will potentially assume that we are rehearing the entire process and not stop and read the fine print that we are only considering potential conditions. So, I would be hesitant to post it on the site. De Weerd: Good point. Borton: Yeah. Madam Mayor, I think that's a great point. Bring attention, but maybe that causes more problems and confusion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And that's going to be the result with any kind of noticing that we send out on it. De Weerd: I think the wording can be that reopening this hearing is for conditions of approval. I guess the clerk and our attorney can find the appropriate language to make sure that those sideboards are on. Nary: And, Madam Mayor, Members of the Council, most of our intention in the wording of any of these is to drive them to the application that's in front of you, so that they do see specifics. There is generally never enough room on a sign to tell them everything that could be considered. So, that's the intent. I agree that there certainly will be misunderstanding, but there is often. So, I think the best we can do is at least try and get the notice out there. De Weerd: So, the -- the motion was for the 7th of November. Any further discussion? All those in favor say aye. Any opposed nay? Okay. This will be set for November 7th with the appropriate sideboards of discussing conditions of approval. MOTION CARRIED: ALL AYES. Coles: And, Madam Mayor, Members of Council, just to be clear, we will send out mailed notices to every one within that one thousand foot radius that received the original notice, plus we will cross-reference that with anyone that provided testimony and their address and mail it to them and, then, obviously, NextDoor as well, if there are any neighborhoods down in that area, just like we did before. De Weerd: Okay. Coles: Try to hit as many people as we can. H. Real Estate Purchase Agreement between the City of Meridian and the Meridian Development Corporation for property located at 33 E . Idaho Avenue, Meridian, Idaho known as Old City Hall. Meridian City Council October 6, 2018 Page 28 of 33 De Weerd: Okay. Thank you. Okay. Item 9-H is Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Item 9-H is the real estate purchase agreement between the city and the MDC in regards to the old city hall project. It has been signed and approved by the board of MDC. This is to move the ownership of that building. Potential -- our projected closing date is February 28th of 2019. We have informed Mr. Ritter that this is in the works. He is on the board of MDC as well, so he is aware of that. We will work with him between now and then on that transition. We have been in talks with him for about a month. So, he's aware of that and he knows his tenants are aware of it, so we will work with him on that in getting that done. The target for MDC to have the building demolished is March, April of 2019. So, this kind of aligns with that and that was the reason for the delay in the transfer. De Weerd: Okay. Any questions for Mr. Nary? Okay. Do I have a motion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we accept the real estate purchase agreement between the City of Meridian and the Meridian Development Corporation for the property located at 33 East Idaho Avenue in Meridian, also known as the old city hall. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-H. Is there any discussion? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. I. Approval of Collective Labor Agreement between the City of Meridian and Local 4627 De Weerd: Item 9-I is approval of the collective labor agreement between the City of Meridian and Local 4627. Mr. Nary. Nary: Thank you, Madam Mayor. After a very robust six month process of putting this labor agreement together, we have an agreement that was ratified by the union through the members of the union's executive team, Tyler Rountree, the union president, as well as Grant Hamilton, their lead negotiator, in this last -- this year's round of negotiations. Meridian City Council October 6, 2018 Page 29 of 33 They were both present and did want to make comment. Before they come up I would like to say this has been a very, very active participatory process on both sides in this go around. This is my eighth agreement for the city and this was one that had a tremendous amount of give and take, a lot of discussion, a lot of very good work that was done in trying to develop this contract and put together something that was reasonable and I really commend both of these two gentlemen for leading that effort, for their -- their members and I think it was a success for -- for both of us. So, I was appreciative of them and -- and that's all I want to add. De Weerd: Thank you. Tyler. Grant. Thank you for joining us. Rountree: It's been a busy day today. De Weerd: I know. Rountree: A little on the busy side. Madam Mayor, Council Members, I would like to echo the comments that Mr. Nary made. Thanks to Councilman Palmer for taking time away from his family to meet in the evenings, taking the time away from his work to meet during the day. Council Member Borton filled in, as did Council Member Bernt. I really feel like the conversation that we had at the beginning of the year and my promise to this Council was upheld, we got through the process and it was pretty good with both sides working through a lot of this stuff that was brought in front of us. Certainly we are really looking forward to working together collaboratively as we move forward in the future. I also would be remiss to not say we appreciate everything councils have done for us in the past and what the current Council is doing for us in the future and we are just like you guys, patiently awaiting the arrival of Station 6. Thank you very much. De Weerd: Thank you. Grant, do you want to add anything? No? Just to iterate what's already been said, we appreciate everyone coming to the table to -- to have dialogue and where that dialogue has brought us to act on this collective labor agreement. I would like to extend my thanks to our Council representatives who have participated in this process, certainly to the union representatives and to the union who has voted on this as well. So, thank you for your leadership. Council? Palmer: Madam Mayor? De Weerd: Yes , Mr. Palmer. Palmer: I just want to say how appreciative I am of the education that I received about knives, flashlights, and worms. No. It was -- I mean having anybody who knows me, me growing up and my attitudes towards unions, it was very refreshing to be able to have the conversations that we did in the cordial manner that they took place and I learned a lot and can definitely say that my attitude has changed and I -- I hope that there is others around the country like you guys that make it easier on those of us close minded conservatives to be able to enjoy that kind of experience. So, thank you. Bernt: Madam Mayor? Meridian City Council October 6, 2018 Page 30 of 33 De Weerd: Mr. Bernt. Bernt: I will just be real quick. Thank you, Battalion Chief Rountree, for your leadership and thank you, Grant, for your leadership as well. Night and day difference. Just goes to show what happens when -- when you come together and -- and -- and come to an agreement. So, thank you so much for all that you did. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will be brief. It's rare that we get such distinguished members in our audience, like Mr. Rountree and Mr. Hamilton. Gentlemen, appreciate your work and the union's work on this thing. I think negotiations are sometimes like City Council meetings, there is arguments, there is heated discussions, there is passion and at the end we all try and do what's best for our city and I think that this is another case of both sides working to do what's best for the city. I would also like to thank Mr. Nary and the chief for their work. Sometimes on Council we sit on the outside and we hear information and appreciate everybody always working together to come to a positive resolution and I don't think that would happen if this was a one-sided conversation. So, thanks to all of you. Bernt: Ditto. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I would like to echo what everyone has said. Thank you so much for the very diligent work on both sides. I am so excited to be the new liaison and I have made a note that I need to learn about knives, flashlights, and worms, along with many other things. I had planned to make the motion to approve, but since Mr. Palmer did all of the work, I would pass the honor on to him if he would like it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we approve the collective labor agreement between the City of Meridian and Local 4627. Little Roberts: Second. De Weerd: I have a motion and a second and just a special note in the record that that was Mr. Palmer that did that motion. Milam: Is it like a newspaper headline I think? Meridian City Council October 6, 2018 Page 31 of 33 De Weerd: If there is no discussion, Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Thank you. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 18-1793: An Ordinance (H-2018-0052 – Fairbourne Subdivision) For The Re-Zone Of A Parcel Land Located In The Se ¼ Of The Se ¼ Of Section 21 And The SW ¼ Of The SW ¼ Of Section 22 And A Parcel Located In The 3 E ½ Of Section 21 And The W ½ Of The SW ¼ Of Section 22, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C-C Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Residential) (62.41 Acres) Zoning Districts In The Meridian City Code. De Weerd: Item 10-A is Ordinance 18-1793 and, Mr. Clerk, will you, please, read this ordinance by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 18-1793, an Ordinance file H-2018-0052, Fairbourne Subdivision, for the re-zone of a parcel of land located in the SE¼ of the SE ¼ of Section 21 and the SW ¼ of the SW ¼ of Section 22 and a parcel located in the 3 East ½ of Section 21 and the West ½ of the Southwest ¼ of Section 22, Township 4 North, Range 1 West, Boise meridian, City of Meridian, Ada county Idaho; establishing and determining the land use zoning classification from R-15 (Medium High Density Residential), R-8 (Medium Density Residential) and C-C, Community Business Zoning Districts to C -C (Community Business), (6.48 Acres), and R-8, Medium Density Residential, 62.41 acres, zoning districts in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title. Would anyone like to hear it read in its entirety? Seeing none, Council. Meridian City Council October 6, 2018 Page 32 of 33 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve Ordinance No. 18-1793 with suspension of rules. Bernt: Second. De Weerd: I have a motion and a second to approve Item 9-A. 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 11 : Future Meeting Topics De Weerd: Any items under 11? I just had a couple of reminders that the Meridian Star Awards will be tomorrow evening at 6:00 p.m. We have -- we have a number of nominations for these awards and recognition. We would love to have Council join us tomorrow evening here at City Hall. We do have an Unplugged Town Hall on October 24th, a week from tomorrow, at 6:30 at Lakeview Golf Club and we are taking questions right now from our citizens on what topics they would like to be addressed. And trunk or treat on October 25th. Starts at 6:00 p.m. It will be right out in front and we will expect a lot of ghosts and goblins and little munchkins running around trick or treating. So, come join us for that fun as well. And if you know anyone that would like to have a trunk, we would encourage you to have them reach out to our Parks Department. They certainly are still willing to take as many of our community partners has wants to have a trunk and bring lots of candy. Item 12: 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 and 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code De Weerd: So, with that said, Council, I would entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? Meridian City Council October16, 2018 Page 33 of 33 De Weerd: Mr. Borton. Borton: I would move to go into Executive Session pursuant to Idaho Code 74- 2016(1)(a) and (1)(d). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. 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: ALLAYES. EXECUTIVE SESSION: (7:27 p.m. to 7:59 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Cavener: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. De Weerd: Do I have a motion to adjourn? Cavener: So moved. Milam: Second. De Weerd: All those in favor. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:59 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD DATE APPROVED Meridian City Council October 6, 2018 Page 34 of 33 ATTE ORPZED gUG�`ST o (IIN or w C. AY CO S, CITY CLERK E IDIAN� � IDAHO SEAL �/ O f T he S W ¼ O f S ection 22 And A P arcel L ocated In T he 3 E ½ O f S ection 21 And T he W ½ O f T he S W ¼ O f S ection 22, Township 4 Nor th, Range 1 West, B oise M eridian, City Of M eridian, Ada C ounty Idaho; E stablishing And D etermining T he L and Use Zoning C lassification F rom R-15 (M edium High D ensity Residential), R-8 (M edium D ensity Residential) And C -C (Community B usiness) Zoning D istricts To C -C (C ommunity Business)(6.48 Acr es) And R- 8 (M edium D ensity Residential)(62.41 Acres) Zoning D istr icts In T he M er idian C ity Code. Approved 11. F uture M eeting Topics 12. E xecutive S ession per Idaho S tate C ode 74-206(1)(a): To consider hiring a public officer, employee, staff member or individual agent, wher ein the respective qualities of individuals ar e to be evaluated in order to fill a par ticular vacancy or need and 74-206(1)(d): To consider r ecor ds that ar e exempt from disclosure as pr ovided in chapter 1, title 74, Idaho C ode Into executive session at 7:27pm Out of executive session at 7:59pm Adjourned at 7:59pm 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. City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics — Public Forum (Up to 30 Minutes Maximum) 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: Details and Signatures For Public Hearing Hearing Date: 10/16/2018 Hearing Type: Public Forum Active: There are no signatures posted for this meeting type yet. Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes of October 2, 2018 Meeting Notes: 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 O ctober 2, 2018 C ity C ouncil Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Cover Memo 10/8/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/8/2018 - 7:38 A M Meridian City Council Meeting Agenda October 16, 2018 – Page 5 of 419 Meridian City Council October 2, 2018 Page 105 of 103 MAYOR MY DE WEERD ATTES vz,/6� C. JAY OLES, UTY CLERK DATE APPROVED City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 B Project File Number: Item Title: Bountiful Commons Water and Sewer Easement No. 1 Meeting Notes: AFF` I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Estimated Time f or P resentation: Title of I tem - B ountiful Commons Water and Sewer Easement No. 1 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/9/2018 - 3:31 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 111 of 419 Project Name (subdivision):, Bountiful Cormnons Subdivision Sanitary Server & Water Main Easement Number: — -1 — Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional inforniation). ADA COUNTY RECORDER Christopher D. Rich 2018-098359 BOISE IDAHO Pgs=8 BONNIE OBERBILLIG 10/17/2018 11:06 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER INIAIN EASEMENT 7 -+ie6/L THIS Easement Agreement, made this -lie day o&AoLw, 20B between TMVot- a ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or perforining other niaintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 3 o f 4 1 9 GRANTEE: CITY OF MERIDIAN Tammyee d, Mayor by C.Qdy Coles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) O�pS E D A'i Owe � (✓lel E IDIAN�– IDAHO �Z SEAL ) This record was acknowledged before me on6 -26 (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. CHARLENE WAY C0MM16SfM)*67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3128/22 lbur,A �u1 # Sanitary Sewer and Water Main Easement rhuLaLLA-ka— Notary Signature My Commission Expires: 3 -Q13 REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 5 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 6 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 7 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 8 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 1 9 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 C Project File Number: Item Title: Bountiful Commons Water and Sewer Easement No. 2 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.C. Presenter: Estimated Time f or P resentation: Title of I tem - B ountiful Commons Water and Sewer Easement No. 2 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/9/2018 - 3:33 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 120 of 419 Project Nate (subdivision) Bountiful Commons Subdivision Sanitary Sewer & Water Main Easement Number: 2 Identify this Easement by sequential.numbcr if Project contains more than one casement of this type. See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-098357 BOISE IDAHO Pgs=8 CHE FOWLER 10/17/2018 11:05 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT Archle THIS Easement Agreement, made this J(4L day of 62kben 20 k8 between [5,e I le— Uk4 ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer• and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the riglit-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 2 o f 4 1 9 GRANTEE: CITY OF MERIDIAN O�PZED AUGUST tER1DIAN*y- S Tamm y de rd, Mayor EAL the TREP`'J�� Att t by C.Ja oles, City erk STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 10 -116.2oRdate) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHA 4L'. AY COM N 390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Doun+4�ul 4 2 - Sanitary Sanitary Sewer and Water Main Easement 0'�Idala Notary Signature My Commission Expires: REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 4 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 5 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 6 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 7 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 2 8 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 D Project File Number: Item Title: Bountiful Commons Water and Sewer Easement No. 3 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.D. Presenter: Estimated Time f or P resentation: Title of I tem - B ountiful Commons Water and Sewer Easement No. 3 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/9/2018 - 3:35 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 129 of 419 Project Name (Subdivision): Bountiful Commons Subdivision Sanitary Sewcr & Water Main Easement Number: 3 Identify this Easement by sequential number if Project contains more than one easement of this typic. (See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-098358 BOISE IDAHO Pgs=7 CHE FOWLER 10/17/2018 11:05 AM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this & day of 8&aL-A-r, 20 16 between 5CKhdrLLLP ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described, and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 1 o f 4 1 9 GRANTEE: CITY OF MERIDIAN Qo�PZED AUGUST V �m ('ily of 4' Tammy de -d, Mayor E IDIAN�- IDAHO SEAL z/ Atte&,by C.Jaykeoles, City Clerk STATE OF IDAHO, ) . ss. County of Ada This record was acknowledged before me on I Q' - ( (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. CHAF�WAY COMM I #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28122 Notary Signature My Commission Expires: 3.9L? -20 Z 2 - Boum q4 *3 Sanitary Sewer and Water Main Easement REV. 03/26/2018 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 3 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 4 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 5 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 6 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 E Project File Number: Item Title: Compass Public Charter School Water Main Easement Meeting Notes: r✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.E . Presenter: Estimated Time f or P resentation: Title of I tem - C ompass Public Charter S chool Water M ain E asement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/9/2018 - 3:36 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 137 of 419 Project Name. (Subdivision): Compass Public Charter School water Main Easement Number: -1 Of 1 C51014 Identify this Easement by sequential number if roject contains more than one Water Main easement. ( See Instructions for additional information), ADA COUNTY RECORDER Christopher D. Rich 2018-098367 BOISE IDAHO Pgs=6 CHE FOWLER 10/17/2018 11:10 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT Compass Public Charter School, Inc, an Idaho THIS Easement Agreement, made this day of OAdzm between nonprofit corporation ('Grantoe'), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 3 9 o f 4 1 9 GRANTEE: CITY OF MERIDIAN Tammy de , Mayor Att st by C.J Coles, C Clerk STATE OF IDAHO, ) ss. County of Ada ) i 010 0r w IDR IANC IDAHO SEAL P This record was acknowledged before me on "� (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. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Water Paan Easement Ob"VI 6 llk�u I - Notary Signature My Commission Expires: Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 4 1 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 4 2 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 4 3 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 F Project File Number: Item Title: Paramount Self Storage Water Main Easement Meeting Notes: � APPROVED I TEM SHEET C ouncil Agenda I tem - 5.F. Presenter: Estimated Time f or P resentation: Title of I tem - Paramount Self S torage Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2018 - 2:39 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 144 of 419 Proiect Name (Subdivision): -Paramount Self Storage Water Main Easement Number: Identify,this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-098363 BOISE IDAHO Pgs=5 BONNIE OBERBILLIG 10/17/2018 11:08 AM CITY OF MERIDIAN, IDAHO NO FEE WATER MAIN EASEMENT THIS Easement Agreement, made thistr I day of ALAOb V11 , 2A> between Brighton Storage LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and, assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent, structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 03 2618 Meridian City Council Meeting Agenda October 16, 2018 – Page 146 of 419 GRANTEE: CITY OF MERIDIAN STATE OF IDAHO, ) . ss. County of Ada ) o�QP�Ep AUG o�UST goo 2 Oily of SEAL h This record was acknowledged before me on Ib -tb- f (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. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 Water Main Easement 0T1dA00Ub)L* Notary Signature My Commission Expires: � -'w "oas Version 03 26 18 Meridian City Council Meeting Agenda October 16, 2018 – Page 148 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 149 of 419 City Council Meeting Meeting Date: Agenda Item Number: 6 G Project File Number: October 16, 2018 Item Title: Vertical View, LLC - Water Main Easement Meeting Notes: I I TEM SHEET C ouncil Agenda I tem - 5.G. Presenter: Estimated Time f or P resentation: Title of I tem - Vertical View Water M ain Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2018 - 4:41 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 150 of 419 Project Name (Subdivision): Water Main Easement Number: Identify this Easement by sequential number if Project contains more than one Water Main easement. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 2018-098365 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/17/2018 11:09 AM CITY OF MERIDIAN, IDAHO NO FEE THIS Easement Agreement, made this s day of L) 20between -LZ \Jei k o� ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of water mains over and across the following described property: The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any Water Main Easement Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 5 2 o f 4 1 9 GRANTEE: CITY OF MERIDIAN Tammy de We ayor In by CJ STATE OF IDAHO, ) . ss. County of Ada ) p,UGUs\ 7 l� Oma, E V. ° W This record was acknowledged before me on lb -16-1� (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. CHAREENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28122 qe*cal Vt P-0, Ltx— Water Main Easement W Notary Signature My Commission Expires: Version 03 26 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 5 4 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 5 5 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 5 6 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 H Project File Number: Item Title: Touchmark Partial Release of Easement Meeting Notes: Touchmark of Treasure Valley Partial Release of Water and Sewer Easement ['![ APPROVED I TEM SHEET C ouncil Agenda I tem - 5.H. Presenter: Estimated Time f or P resentation: Title of I tem - Touchmark of T reasure Valley Partial Release of Water and S ewer Easement C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate E asement E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/9/2018 - 3:38 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 157 of 419 ADA COUNTY RECORDER Christopher D. Rich 2018-098364 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 10/17/2018 11:09 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIAL RELEASE OF EASEMENT (Easement Vacations No. 2 and No. 3) TYPE OF EASEMENT BEING PARTIALLY RELEASED: WATER MAIN AND SANITARY SEWER GRANTEE: CITY OF MERIDIAN GRANTOR: TOUCHMARK OF THE TREASURE VALLEY, LLC AND ITS SUCCESSORS AND ASSIGNS WHEREAS, by easement dated July 3d, 2012 and recorded as Instrument Number 112067544 in the land records of Ada County, State of Idaho, an easement of the type and nature set forth in the above - captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS, the continuance of certain portions of this easement are no longer necessary or desirable, NOW, THEREFORE, in consideration of the premises, the City of Meridian does hereby vacate, relinquish, release and abandon the portions of said rights and casements as set forth and legally described in Exhibit A and depicted on Exhibit B, attached hereto and incorporated herein, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused theset t b executed by its proper officers thereunto duly authorized thislIP411day of Niober , 20 gesen s o e CITY OF MERIDIAN By AT STATE OF IDAHO ss County of Ada P'ur.ui. 19 tri On this day of &ekbW 20_,befoi S -e me, a Notary Public, personally _L appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho 'J ARLENE WAY Residing at:4iiajdtmJdak MI S, :1 COMMISSION #6739WO Commission expires: NOTARY PUBLIC STATE OF IDAHO M 7-oachniatt- 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 5 9 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 6 0 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 6 1 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 6 2 o f 4 1 9 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 1 6 3 o f 4 1 9 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 61 Project File Number: H-2018-0094 Item Title: Final Order for Earl Glenn Subdivision Meeting Notes: Final Order for Earl Glenn Subdivision (H-2018-0094) by Riley Planning Services, Located at 1780 E. McMillan Rd. I TEM SHEET C ouncil Agenda I tem - 5.I . Presenter: Estimated Time f or P resentation: Title of I tem - F inal Order for E arl Glenn S ubdivision (H-2018-0094) by Riley Planning Services, L ocated at 1780 E . M cM illan Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 10/8/2018 E xhibit A E xhibit 10/8/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/8/2018 - 3:19 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 164 of 419 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR [EARL GLEN SUBDIVISION] (H-2018-0094) Page 1 of 2 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 2, 2018 IN THE MATTER OF THE REQUEST FOR A TWO (2) YEAR TIME EXTENSION ON THE PRELIMINARY PLAT IN ORDER TO OBTAIN THE CITY ENGINEER’S SIGNATURE ON A FINAL PLAT, AND TO COMMENCE THE MULTI- FAMILY USE PERMITTED WITH THE CONDITIONAL USE PERMIT FOR EARL GLEN SUBDIVISION, LOCATED IN SW ¼ OF SECTION 29, T.4N., R.1E, MERIDIAN, IDAHO BY: RILEY PLANNING SERVICES APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2018-0094 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on October 2, 2018, upon the Applicant’s submittal of a preliminary plat and conditional use permit time extension application for a two (2) year extension within which to obtain the City Engineer’s signature on a final plat and to commence the multi-family use for Earl Glen Subdivision, which the preliminary plat and conditional use permit was originally approved on September 1, 2015, as provided in Unified Development Code § 11-6B-7C, and good cause shown. An administrative time extension (A- 2017-0132) for twelve (12) months was previously approved for this subdivision by the Planning Director on July 17, 2017 and would have otherwise expired on September 2, 2018. Meridian City Council Meeting Agenda October 16, 2018 – Page 165 of 419 IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until September 2, 2020, within which to obtain the City Engineer's signature on the final plat and to commence the multi -family use, subject to the additional conditions of approval as shown in the attached Staff Report for the hearing date of October 2, 2018 incorporated by reference. Attached: Staff Report for the hearing date of October 2, 2018 By the action of the City Council at its regular meeting on the I Ly ++I day of 66,0 Pk- 52018. DATED this l0 day of 060bP)r— , 2018 Mayo • am de Weerd Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. BY: OYU itQ. Wan= Dated: ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR [EARL GLEN SUBDIVISION] (H-2018-0094) Page 2 of 2 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 1 HEARING DATE: October 2, 2018 TO: Mayor & City Council FROM: Bill Parsons, Planning Supervisor SUBJECT: Earl Glen Subdivision (H-2018-0094) I. APPLICATION SUMMARY The applicant, Riley Planning Services, LLC., requests a two (2) year time extension (TEC) on the previously approved preliminary plat (PP) in order to obtain the City Engineer’s signature on a final plat and to extend the time to commence the multi-family use as permitted with the conditional use permit for Earl Glen Subdivision. The subject preliminary plat consists of 20 building lots and 3 common area lots on 4.65 acres of land. II. STAFF RECOMMENDATION Staff recommends approval of the subject time extension, to expire on September 2, 2020, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number H-2018- 0094, as presented in the staff report for the hearing date of October 2, 2018. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number H-2018- 0094, as presented during the hearing on October 2, 2018 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number H-2018- 0094 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 1780 E. McMillan Road, in the SW ¼ of the SW ¼ of Section 29, Township 4 North, Range 1 East. B. Owner: Brinegar Investments LLLP 1925 NE Locust Grove Rd. Meridian, ID 83646 C. Applicant: Riley Planning Services, LLC. P.O. Box 405 Boise, ID 83701 Meridian City Council Meeting Agenda October 16, 2018 – Page 167 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 2 D. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-6B-7, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer’s signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-5B-6, a conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the city. During this time, the applicant shall co mmence the use as permitted in accord with the conditions of approval. Upon written request and filing by the applicant prior to the termination of the allowed time period, the City Council may authorize a time extension of up to two years. With all extensions, the City Council may require the conditional use and/or plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: September 14, 2018 C. Radius notices mailed to properties within 300 feet on: September 7, 2018 D. Applicant posted notice on site by: September 21, 2018 E. Posted to Next Door: September 11, 2018 VII. HISTORY OF PREVIOUS ACTIONS: In 2015, this property received rezoning (RZ-15-009) and preliminary plat (PP-15-011) approval from City Council. A conditional use permit (CUP-15-015) was approved to permit a multi-family development in R-15. A modification to the development agreement was approved (MDA-15-006) and recorded as Instrument No. 2016-021940. A one-year time extension (A-2017-0132) on the preliminary plat and conditional use permit was approved by the Director on July 17, 2017. This approval extended the time period in which the applicant had to obtain the City Engineer’s signature on a final plat until September 2, 2018. VIII. STAFF ANALYSIS This is the second time extension requested for the subject preliminary plat and conditional use permit. Approval of the subject time extension will allow the applicant to submit a final plat application. The subject time extension will also allow the applicant to commence the multi -family use as permitted with the conditional use permit, subject to CZC and DES approval. If the subject time extension is not granted, the preliminary plat application and conditional use application for this property would expire and new preliminary plat and conditional use permit applications would need to be submitted for City approval. The recorded development agreement still allows the development of the property as approved in Exhibit A. Per UDC 11-6B-7C, with all extensions, the City Council may require compliance with current provisions of the UDC. The City has adopted the Architectural Standards Manual, after the approval of this project, which contains design standards that are applicable to the multi-family development, and updated the structure and site design standards listed in UDC 11-3A-19. Additionally, the applicant shall be required to comply with the most current Supplemental Specification and Drawings, and Design Standards of the City of Meridian. As conditions of the subject time extension, Meridian City Council Meeting Agenda October 16, 2018 – Page 168 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 3 staff recommends future development of the subject property comply with the aforementioned requirements. Staff recommends approval of the applicant’s request with the aforementioned condition of approval. All previous conditions of approval are also still applicable to development of this subdivision. IX. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat (dated: 5/19/2015) 3. Approved Conditional Use Permit Site Plan (dated: 5/19/2015) B. Conditions of Approval Meridian City Council Meeting Agenda October 16, 2018 – Page 169 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 4 Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda October 16, 2018 – Page 170 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 5 Exhibit A.2: Approved Preliminary Plat (dated: 5/19/2015) Meridian City Council Meeting Agenda October 16, 2018 – Page 171 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 6 Exhibit A.2: Approved CUP Site Plan (dated: 5/19/2015) Meridian City Council Meeting Agenda October 16, 2018 – Page 172 of 419 EXHIBIT A Earl Glen Subdivision - TEC H-2018-0094 Page 7 B. Conditions of Approval 1. The applicant is to meet all terms of the approved annexation (RZ-15-009), development agreement (MDA 2016-021940) and preliminary plat (PP-15-011) for this development. 2. The applicant is to meet all terms of the approved conditional use permit (CUP-15-015) for this development. 3. Future development of the subject property shall comply with the design standards in effect at the time of development. 4. The applicant shall have until to September 20, 2020, to commence construction of the multi- family development and obtain City Engineer’s signature on a final plat OR submit another time extension in accord with UDC 11-6B-7. Meridian City Council Meeting Agenda October 16, 2018 – Page 173 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 J Project File Number: H-2018-0092 Item Title: Findings of Fact, Conclusions of Law for San Gorgonio Subdivision Meeting Notes: Findings of Fact, Conclusion of Law for San Gorgonio Subdivision (H-2018-0092) by A Team Land Consultants, Located at 200 Rosalyn Ct. 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 San Gorgonio S ubdivision (H-2018- 0092) by A Team L and Consultants, L ocated at 200 Rosalyn Ct. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/12/2018 E xhibit A E xhibit 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/12/2018 - 1:02 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 174 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0092] - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a short plat (SHP) consisting of 4 building lots on 1.23 acres of land in an existing R-8 zoning district for San Gorgonio Subdivision, by A Team Consultants. Case No(s). H-2018-0092 For the City Council Hearing Date of: October 2, 2018 (Findings on October 16, 2018) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 2, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 2, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 2, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 2, 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 October 2, 2018, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda October 16, 2018 – Page 175 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-0092] - 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 a miscellaneous application and a short plat are hereby approved per the conditions of approval in the Staff Report for the hearing date of October 2, 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 October 2, 2018 Meridian City Council Meeting Agenda October 16, 2018 – Page 176 of 419 By action of the City Council at its regular meeting held on the t6 day of CA-abo , 2018. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED J COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED Y(!% COUNCIL MEMBER TY PALMER VOTED \1�� COUNCIL MEMBER TREG BERNT VOTED / ek COUNCIL MEMBER GENESIS MILAM VOTED / 6 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor T m de Weerd AUG(/ST'' Attest: o�Q moo ID1AN+�- 0Coles y SEAL a� City Clerk FR of the TFiEP Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: (`� U W Dated: 1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). [H-2018-00921 - 3 - Sav1 Gcr4�orl10 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 1 STAFF REPORT HEARING DATE: October 2, 2018 TO: Mayor and City Council FROM: Josh Beach, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: San Gorgonio Subdivision – SHP (H-2018-0092) I. APPLICATION SUMMARY The applicant, A Team Consultants, has applied for approval of a short plat (SHP) consisting of four (4) building lots and one (1) common lot on 1.23 acres of land zoned R-8, for San Gorgonio Subdivision. 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. The Meridian City Council heard these items on October 2, 2018. At the public hearing, the Council approved the subject SHP request. a. Summary of City Council Public Hearing: i. In favor: Penelope Constantikes (Applicant’s Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0092 as presented in the staff report for the hearing date of October 2, 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-2018-0092, as presented during the hearing on October 2, 2018, for the following reasons: (You should state specific reasons for denial.) Meridian City Council Meeting Agenda October 16, 2018 – Page 178 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 2 Continuance I move to continue File Number H-2018-0092 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: September 14, 2018 c. Radius notices mailed to properties within 300 feet on: September 7, 2018 V. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 200 Rosalyn Court, in the W ½ of Section 19, Township 3N., Range 1E. B. Applicant/Representative A Team Consultants 1785 Whisper Cove Avenue Boise, ID 83709 C. Owner(s): Saul Huerta 200 Rosalyn Court Meridian, ID 83642 D. History: The City Council approved the annexation (AZ-05-036) and the preliminary plat (PP-05-035) for Larkspur Subdivision No. 2 on October 18, 2005. The approved preliminary plat consisted of 49 single-family residential building lots and 4 common lots on 10.30 acres of land. Also in 2005, the applicant obtained approval for Larkspur Subdivision No. 2 (FP-05-070). This plat developed with 47 residential lots and 5 common lots on 10.29 acres. VI. STAFF ANALYSIS Short Plat: The proposed short plat consists of 4 building lots on 1.23 acres of land in the R-8 zoning district and is a resubdivision of Lot 9, Block 4 of Larkspur Subdivision No. 2. All of the lots in the proposed subdivision comply with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Future building height and setbacks are also required to comply with the aforementioned standards. This property has street frontage on E. Rosalyn Drive, a local street. The existing home will become a lot and block in the subdivision and will continue to take access from E. Rosalyn Drive. The other three residential lots will take access from a common driveway (Lot 5, Block 1). Meridian City Council Meeting Agenda October 16, 2018 – Page 179 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 3 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: 8/21/2018) 3. Landscape Plan (dated: 7/19/2018) B. Agency Comments/Conditions of Approval C. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 16, 2018 – Page 180 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 4 Exhibit A.1 – Vicinity/Zoning Map Meridian City Council Meeting Agenda October 16, 2018 – Page 181 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 5 Exhibit A.2 – Short Plat (dated: 8/21/2018) Meridian City Council Meeting Agenda October 16, 2018 – Page 182 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 6 Exhibit A.3: Landscape Plan (dated: 7/19/2018) Meridian City Council Meeting Agenda October 16, 2018 – Page 183 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 7 SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previous approvals for this property (AZ-05-036, PP-05-035, and FP-05-070). 2. The final plat prepared by David Evans and Associates, Inc., stamped on 8/21/2018 by Sean P. Sullivan, shall be revised as follows: a. Note #3 shall read as follows: “Lot 5, Block 1 is a common lot and private drive and shall be owned and maintained by the Home Owners Association.” 3. The landscape plan, prepared by A Team Land Development, dated 7/19/2018, is approved as submitted. 4. 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. 5. 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. 6. A street light plan will need to be included in submittal of 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 7. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. 8. No new water mains are being proposed with this development. Applicant shall be responsible for the installation of any new fire hydrants or other infrastructure that may be needed as a result of this development. 9. Applicant must comply with the separation requirements for sanitary sewer and water service line extensions in the private driveway. 10. Applicant shall be responsible for all costs, as well as the physical connection of sanitary sewer and water services to the existing home at 100 E. Rosalyn Drive. 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. 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. 3. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 4. 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. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to Meridian City Council Meeting Agenda October 16, 2018 – Page 184 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 8 the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 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 Meridian City Council Meeting Agenda October 16, 2018 – Page 185 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 9 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 distr ict or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per Ci ty 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. Meridian City Council Meeting Agenda October 16, 2018 – Page 186 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 10 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. Meridian City Council Meeting Agenda October 16, 2018 – Page 187 of 419 EXHIBIT A San Gorgonio Subdivision – H -2018-0092 PAGE 11 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 future land use map designates the property as Low Density Residential. The current zoning district of the site is R-8. The proposed short plat complies with the Comprehensive Plan and the dimensional standards in the UDC for the C-G district. B. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services 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; Council finds that the development will not require the expenditure of capital improvement funds. All required utilities are being 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; Council finds that the development will not require major expenditures for providing supporting services. The developer and/or future lot owner(s) will finance the extension of sewer, water, utilities and pressurized irrigation to serve the project. E. The development will not be detrimental to the public health, safety or general welfare; and Council recognizes the fact that traffic and noise will increase with the approval of this subdivision and subsequent development; however, Council does not believe that it will be detrimental to the general welfare of the public in the surrounding area. Council finds that the development of this site will not involve uses that will create nuisances that would be detrimental to the public health, safety or general welfare. F. The development preserves significant natural, scenic or historic features. CouncilA is not aware of any significant natural, scenic or historic features associated with the development of this site. Meridian City Council Meeting Agenda October 16, 2018 – Page 188 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 K Project File Number: H-2018-0052 Item Title: Development Agreement for Fairbourne Subdivision Meeting Notes: Development Agreement for Fairbourne Subdivision (H-2018-0052) with HBU Investments, MDC, LLC, and Fairbourne Development, LLC, located at the NWC of W. Chinden Blvd and N. Black Cat Road, in the SE 1/4 of Section 21, Township 4N., Range 1W I TEM SHEET C ouncil Agenda I tem - 5.K . Presenter: J oshua B each Estimated Time f or P resentation: 2-3 minutes Title of I tem - D evelopment Agreement for F airbourne S ubdivision (H-2018-0052) with HB U Investments, M D C, L L C, and F airbourne Development, L L C, located at the NWC of W. C hinden B lvd and N. Black Cat Road, in the S E 1/4 of S ection 21, Township 4N., Range 1W D evelopment Agreement between the City of Meridian and HB U I nvestments, MD C, L L C and F airbourne Developmen, L L C f or F airbourne Subdivision (H-2018-0052) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S igned D A F airbourne S ub (H-2018-0052)A greements / C ontracts 10/11/2018 E xhibit A-F airbourne S ub (H-2108-0052)E xhibit 10/8/2018 E xhibit B -F airbourne Sub (H-2018-0052)E xhibit 10/8/2018 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 10/8/2018 - 1:33 P M Community Development.A lbertson, Michelle Approved 10/11/2018 - 5:30 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 189 of 419 ADA COUNTY RECORDER Christopher D. Rich 2018-098361 BOISE IDAHO Pgs=44 BONNIE OBERBILLIG 10/17/2018 11:08 AM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. HBU Investments and MDC, LLC, Owners 3. Fairbourne Development, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of Ober 2018, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and HBU Investments, whose address is 2701 E. Pine Avenue, Meridian, ID 83642 and MDC, LLC, whose address is 4740 W. Chinden Blvd, Meridian, Idaho 83642, hereinafter called OWNERS and Fairbourne Development, LLC whose address is 2701 E. Pine Avenue, Meridian, ID 83 642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 REAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County ofAda, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated heroin as if set forth in full, heroin after referred to as the. Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for the re -zoning of 669.35 acres of land with both R-8 (Medium Density Residential) and C -C (Community Business) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEvF-LopmENTAGREEMENT —FAIRBOURNESuBDivisioN(H-2018-0052) PAGE I OF 9 Meridian City Council Meeting Agenda October 16, 2018 – Page 191 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 192 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 193 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 194 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 195 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 196 of 419 ACYICNOWLEDGME, SITS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: HBU Investments By: DEVELOPER: Fairbourne Development, LLC By: C• c ��� CITY OF MERIDIAN By: de Weerd STATE OF IDAHO . ss: County of Ada, ) MDC, LLC By: ATTES E� usrl y Cole 1 My Clerk o U t LV o'H O w J J of On this t��day of fir' �J��'i , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared C2a iAr ;�},nsun known or identified tome to be the YY1-'zmb-r of the HBU Investments and the person who signed below, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) JAYME DANNER NOTARY PUBLIC - STATE OF IDAHO COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7.26.2023 l Notry P is f r Idaho Res ding at: Q i /1 `✓�. My Commission Expi cs,��2� DEVELOPMENT AGREEMENT —FAIRBOURNESUBDIVISION (H-2018-0052) PAGE 8 OF 9 STATE OF IDAHO ss: County of Ada, ) On this --A day of V bbe , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared _ QfwA Cmknown or identified to me to be the Pre5'iAo � of the MDC, LLC and the person who signed below, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) BODIE R. JONES - Notary Public, State of Idaho Notary Public for Idaho Commission No. 46102 Residing at: �nr.1�j2 My Commission Expires Feb. 7 2020 My Commission Expires: /-7 ZU2.0 STATE OF IDAHO ) ss: County of Ada, ) On this day of D , 2018, before me, the undersigned, a Notary Public in and for said State, personally appeared 2 YO MIIP(�66A'V)4 , known or identified to me to be the M e ynb�--r- of Fairbourne Development, LLC, and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ( JAYME DANNER NOTARY PUBLIC • STATE OF IDAHO COMMISSION NUMBER 58229 MY COMMISSION EXPIRES 7.26.2023 .,tyJ STATE OF IDAHO ss a GUAM No ary P blic f r Idaho Residing at; n rl My Commission Expir s: a�j County of Ada ) 11 On this 10-Y) day of CVb , 2018, before me, a Notary Public, personally appeared Tammy de Weerd and C.Jay Coles, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY kL)COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 U-)" m Notary Public for Idaho Residing at: Commission expires: 3 DEVELOPMENT AGREEMENT—FAIRBOURNE SUBDIVISION (H-2018-0052) PAGE 9 OF 9 Meridian City Council Meeting Agenda October 16, 2018 – Page 199 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 200 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 201 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 202 of 419 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 EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 203 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 204 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 205 of 419 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 - Meridian City Council Meeting Agenda October 16, 2018 – Page 206 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 207 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 208 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 209 of 419 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 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 210 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 211 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 212 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 213 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 214 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 215 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 216 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 217 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 218 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 219 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 220 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 221 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 14 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 257 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 222 of 419 Exhibit A Fairbourne Subdivision H-2018-0052 Page 15 of 27 Meridian City Council Meeting Agenda September 4, 2018 – Page 258 of 461Meridian City Council Meeting Agenda October 16, 2018 – Page 223 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 224 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 225 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 226 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 227 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 228 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 229 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 230 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 231 of 419 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 health, 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 232 of 419 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 461Meridian City Council Meeting Agenda October 16, 2018 – Page 233 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 L Project File Number: Item Title: Resolution No. 18-2114: Meeting Notes: A Resolution Of The Mayor And The City Council Of The City Of Meridian Re -Appointing Jo Greer To Seat 6, Jessica West To Seat 7, And Keith Bevan To Seat 8 Of The Meridian Parks And Recreation Commission; And Providing An Effective Date. HI GPPROVE� I TEM SHEET C ouncil Agenda I tem - 5.L . Presenter: M ayor D e Weerd Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 18-2114: A Resolution Of T he M ayor And T he C ity C ouncil Of T he C ity Of M eridian Re-Appointing J o Greer To Seat 6, J essica West To S eat 7, And Keith B evan To Seat 8 Of T he M eridian P arks And Recreation C ommission; And Providing An Effective D ate. R esolution R e-appointing Greer, West and Bevan to Parks C ommission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso reappointing Greer, West and B evan to Parks Commission Resolution 10/4/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/4/2018 - 3:29 P M L egal.A lbertson, Michelle Approved 10/4/2018 - 4:26 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 234 of 419 RESOLUTION RE-APPOINTING GREER , WEST AND BEVAN TO MERIDIAN PARKS AND RECREATION COMMISSION CITY OF MERIDIAN RESOLUTION NO. 18-2114 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 RE-APPOINTING JO GREER TO SEAT 6, JESSICA WEST TO SEAT 7, AND KEITH BEVAN TO SEAT 8 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, on February 3, 2015 by Resolution no. 15-1047, Mayor De Weerd designated Jo Greer to fill Seat 6 of the Meridian Parks and Recreation Commission, and re-appointed her on November 4, 2015 by Resolution no. 15-1099 with a term to expire October 31, 2018; and: WHEREAS, on November 1, 2016 by Resolution no. 16-1176, Mayor De Weerd designated Jessica West to fill Seat 7 of the Meridian Parks and Recreation Commission, with a term to expire October 31, 2018; and; WHEREAS , on April 4, 2017 by Resolution no. 17-2005, Mayor De Weerd designated Keith Bevan to fill Seat 8 of the Meridian Parks and Recreation Commission, with a term to expire October 31, 2018; and WHEREAS , Jo Greer may be re-appointed to Seat 6, Jessica West may be re-appointed to Seat 7 and Keith Bevan may re-appointed to Seat 8 of the Meridian Parks and Recreation Commission with terms to expire October 31, 2021. 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 re-appointments of Jo Greer to Seat 6, Jessica West to Seat 7 and Keith Bevan to Seat 8 of the Meridian Parks and Recreation Commission 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 Jo Greer may be re-appointed to Seat 6, Jessica West may be re-appointed to Seat 7 and Keith Bevan may re-appointed to Seat 8 of the Meridian Parks and Recreation Meridian City Council Meeting Agenda October 16, 2018 – Page 235 of 419 Commission with terms to expire October 31, 2021, effective immediately upon adoption and approval of this Resolution. 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this I �0 day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this � day of October, 2018. APPROVED: ATTEST: Qo��SED AUGusT 4 2 �w uI Mayor y de Weerd E iDR AN',-- C ay Coles IDAHO s� SEAL RESOLUTION RE -APPOINTING GREER, WEST AND BEVAN TO MERIDIAN PARKS AND RECREATION COMMISSION 18-2 fly City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 M Project File Number: Item Title: Resolution No. 18-2117: Meeting Notes: A Resolution Adopting the Revised Purchasing Policy of the City of Meridian. 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 5.M. Presenter: C.J ay C oles Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 18-2117: A Resolution Adopting the Revised P urchasing P olicy of the City of M eridian. R eso adopting Purchasing Policy C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution f or Adoption of Purchasing P olicy Resolution 10/11/2018 P urchasing P olicy B ackup Material 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/11/2018 - 1:13 P M L egal.A lbertson, Michelle Approved 10/11/2018 - 4:15 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 237 of 419 CITY OF MERIDIAN RESOLUTION NO. 18-2117 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING A REVISED PURCHASING POLICY FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies and procedures of the City of Meridian; and WHEREAS, on April 18, 2006, the City Council of Meridian adopted a Purchasing Policy for the City of Meridian and it was updated on March 23, 2010 and again on March 22, 2016. WHEREAS, the City Council may amend policies from time to time as necessary to incorporate changes as needed; and WHEREAS, on October 9, 2018 a revised Purchasing Policy was presented to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the revised City of Meridian Purchasing Policy be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this 16th day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 16th day of October, 2018. p,S ED AUGUST o APPROVED: c DIY of E IDIA IDAHO s4 SEAL ay - a my de Weerd ATTEST: �Re the TREPSJ� By: 11 CJ4y Coles, My Clerk RESOLUTION ADOPTING A REVISED PURCHASING POLICY FOR THE CITY OF MERIDIAN - October, 2018 Purchasing Division 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-489-0416 Fax 208-887-4813 purchasing@meridiancity.org www.meridiancity.org PURCHASING POLICY Approved by City Council October 16, 2018 Meridian City Council Meeting Agenda October 16, 2018 – Page 239 of 419 2 Purchasing Policy – October 2018 Table of Contents Purchasing Department Responsibilities & Function ................................................................................... 3 Purchasing Categories, Methods and Authority ........................................................................................... 3 I. PURCHASING CATEGORIES ............................................................................................................ 3 II. PURCHASING METHODS ................................................................................................................ 5 III. PURCHASING AUTHORITY ............................................................................................................. 8 IV. PURCHASING ETHICS AND VENDOR RELATIONSHIPS ................................................................... 9 V. APPEALS ...................................................................................................................................... 10 VI. PAYMENT PROCESSING ............................................................................................................... 11 VII. SURPLUS PROPERTY .................................................................................................................... 11 ATTACHMENT “A” ................................................................................................................................... 15 Definitions ........................................................................................................................................... 1 5 ATTACHMENT “B” ................................................................................................................................... 20 Idaho Statutes Regarding Purchasing, Contracting and Purchasing ................................................... 20 Related Statutes and Rules ................................................................................................................. 21 Meridian City Council Meeting Agenda October 16, 2018 – Page 240 of 419 3 Purchasing Policy – October 2018 Purchasing Department Responsibilities & Function Purpose This policy establishes a centralized purchasing system for the City of Meridian, the purpose of which is to establish the rules and processes for purchasing within the City, based on State code. Commodities and services purchased in the public sector represent a direct cost to the citizens and taxpayer. Every purchase that City employees make is subject to public scrutiny. Ethics, Impartiality, Accountability, Professionalism, Service and Transparency are the values and guiding principles of public purchasing. The rules, processes and regulations contained in this policy were developed to encourage competitive solicitations, promote transparency, guard against collusion and comply with State Statutes. This Purchasing Policy outlines the requirements for purchasing all goods and services. The policy addresses a variety of topics which include; Categories, Methods, Authority, Ethics, appeals, payments, and surplus property. Purchasing Categories, Methods and Authority The City of Meridian has assigned the following categories, methods and purchasing authority for purchases. All employees are to identify which category is right for their respective request or purchase and follow that policy. General liability, automotive, and workman’s compensation insurance are required for all contracts, written or verbal, which require services to be performed on City property. In addition, most professional services agreements will require professional errors and omissions insurance. It is each employee’s responsibility to verify that such insurance is in place prior to the start of work. Only the City’s Risk Manager may waive any insurance requirement. I. PURCHASING CATEGORIES The City of Meridian has established the following categories: 1 CATEGORY ONE: Goods, Supplies & Equipment (I.C. §67-2806) i. Purchases up to $15,000 require one quote. ii. Purchases $15,001 to $50,000 require three written quotes. iii. Purchases $50,001 to $100,000 require an informal bid process. iv. Purchases $100,001 and above require a formal bid process. 1 Information Technology (IT) Purchases: All IT purchases must follow both this policy and the IT Purchasing Policy. Meridian City Council Meeting Agenda October 16, 2018 – Page 241 of 419 4 Purchasing Policy – October 2018 CATEGORY TWO: Contracted Services (I.C. §67-2806) i. Purchases up to $15,000 require one quote. ii. Purchases $15,001 to $50,000 require three written quotes. iii. Purchases $50,001 to $100,000 require an informal bid or RFP process. iv. Purchases $100,001 and above require a formal bid or RFP process. CATEGORY THREE: Professional Services i. Sub-category (a) I.C. §67-2320: Engineering, Architect, Construction Management, Land Surveyors a. Purchases up to $25,000 require • A review of consultant’s qualifications, and determination of Qualification, or • Selection from a current approved roster. b. Purchases $25,001 and above require • A formal RFQ process, or • Selection from a current approved roster created from a formal RFQ. ii. Sub-Category (b) I.C. §67-2803(4): Attorney, Accountant etc. • Purchases in this category are exempt from any solicitation requirement. All other policy and procedure requirements still apply. CATEGORY FOUR: Public Works Construction Purchases in this category have special requirements that must be met regardless of which department conducts the purchase. i. All public works contractors performing work on projects above $50,000(I.C. §54-1903)(i) must have a current Idaho Public Works Contractors License. It is the responsibility of the employee making the purchase to verify that the contractor meets this requirement. ii. Payment and performance bonds are required for all public works construction projects above $50,000. These bonds shall be 100% of the contract price individually. iii. Purchases up to $25,000 require one quote. iv. Purchases $25,001 to $100,000 require three written quotes. v. Purchases $100,001 to $200,000 require an informal bid process. (I.C. §67- 2805)(2a) vi. Purchases of $200,001 and above require a formal bid process. vii. TAX COMMISSION REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION • Within thirty (30) calendar days after City awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §54- 1904A. Meridian City Council Meeting Agenda October 16, 2018 – Page 242 of 419 5 Purchasing Policy – October 2018 • If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 CATEGORY FIVE: Specialized Repair Purchases in this category are exempt from solicitation requirement. II. PURCHASING METHODS A. QUOTE Quotes may be obtained either verbally or written and must contain the following: i. Description of the goods or services requested ii. All costs including delivery to the end users location iii. Any vendor terms and conditions B. INVITATION FOR BID (Bid) Invitation for Bids shall only be issued by the Purchasing Department in one of two forms, Informal and Formal. If the event of a tie bid, the City may award to the bidder it chooses. i. Informal bid requirements a. be open for a minimum of three days b. Must be sent to a minimum of three vendors. c. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) or d. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) ii. Formal bid requirements a. Advertised in the local paper two times with the last at least 7 days prior to the opening. b. Be open for a minimum of 14 days c. Bids must be submitted sealed. d. A public bid opening shall take place e. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) Meridian City Council Meeting Agenda October 16, 2018 – Page 243 of 419 6 Purchasing Policy – October 2018 f. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) C. REQUEST FOR PROPOSAL (RFP) Request for Proposal’s may be used for general services or complex purchases i.e. software, specialized equipment, leases etc. i. Request for Proposal requirements a. Describe what the product or service or solution is to accomplish. b. Provide evaluation criteria of how the solicitation will be awarded. c. City Project Manager shall select the evaluation team. d. Shall be awarded to the highest ranked proposer as ranked by the evaluation team. e. Final terms and conditions, including cost, may be negotiated. D. REQUEST FOR QUALIFICATIONS (RFQ) Request for Qualifications must be used for the selection of Engineers, Architects, Construction managers and Land Surveyors (I.C. §67-2320). RFQ’s may also be used for other types of professionals services, i.e. accountant, attorney, auditor etc. Please contact Purchasing for applicability. i. Request for Qualification requirements a. Describe the services required. b. Provide evaluation criteria of how the solicitation will be awarded. c. City Project Manager shall select the evaluation team. d. Cost may NOT be a factor in the evaluation process. e. Shall be awarded to the highest qualified firm/individual as ranked by the evaluation team. f. Final terms and conditions, scope of work and cost shall be negotiated. E. PRE-QUALIFICATION The City may require Public Works Contractors to be pre-qualified for a particular project (I.C. §67-2805)(3)(b). i. Pre-Qualification Requirements a. Advertise the Pre-Qualification in the local paper two times with the last publication at least 7 days prior to the qualification due date. b. Describe the construction services to be performed. c. Provide evaluation criteria of how contractors will be evaluated. d. City Project Manager shall select the evaluation team. Meridian City Council Meeting Agenda October 16, 2018 – Page 244 of 419 7 Purchasing Policy – October 2018 e. Only Contractors selected through the Pre-Qualification process will be allowed to bid on the construction project. All other bids received will be deemed non-responsive. F. LEASES i. All leases must be processed through the Purchasing Division regardless of dollar amount. ii. Capital leases must be appropriated and expensed for the full amount the first year of the lease. G. COOPERATIVE BIDDING i. The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: http://purchasing.idaho.gov/statewide_contracts.html ii. In accordance with I.C. §67-2803(1) and §67-2807(1), the City may also piggyback on other city or county bids if the pricing is consistent with the original bid and the bid process followed I.C. Title 67. All bid documentation should accompany the purchase request. H. EMERGENCY PURCHASE Emergency purchases may be completed without the requirement of a solicitation (I.C. §67- 2808)(1). All other policy and process requirements still apply. i. Emergency Purchase Requirements • The emergency purchase is necessary to safeguard life, health or property. • The City Council must declare that an emergency exists within 60 days of the emergency event. I. SOLE SOURCE PURCHASES Sole Source purchases must be pre-approved by City Council and are exempt from solicitation requirements. All other purchasing policy and process requirements still apply. Sole source purchases must be advertised in the local paper 14 calendar days PRIOR to making the purchase. i. Sole Source Purchase Requirements(I.C. §67-2808)(2) a. Only one source reasonably available and one of the following apply: i. Compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; ii. Where a sole supplier's item is needed for trial use or testing; Meridian City Council Meeting Agenda October 16, 2018 – Page 245 of 419 8 Purchasing Policy – October 2018 iii. The purchase of mass-produced movies, videos, books or other copyrighted materials; iv. The purchase of public works construction, services or personal property for which it is determined there is no functional equivalent; v. The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; vi. Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. III. PURCHASING AUTHORITY By adoption of this Policy, the City Council has set the following signatory thresholds for purchases through the Purchasing Department. Through adoption of this Policy the Mayor has delegated signing authority for purchases made per this policy: A. PURCHASES UP TO $10,000 Purchase Orders and Contracts in this range may be signed by any Department Director or Authorized City Personnel. All City Departments Directors are required to insure all employees have read the Purchasing Policy prior to delegating signing authority for purchases in this range. The employee is responsible for verifying that there are funds available for the purchase and for obtaining all required documentation, i.e. insurance, licenses etc., for the applicable purchasing category. The employee is responsible for obtaining the City Attorney’s approval of any contract the employee is signing. B. PURCHASES ABOVE $10,000 Purchase Orders and contracts above $10,000 must be signed by either the Purchasing Manager, the Mayor or their respective designees, prior to the purchase . The Chief Financial Officer will stand as the signatory in the absence of the Purchasing Manager. C. PURCHASE ORDERS AND CONTRACTS ABOVE $50,000 All purchase orders and contracts in this range require legal review and City Council approval. D. CHANGE ORDERS Employees may create change orders. All change orders must utilize the standard City form and be signed by the Purchasing Manager. The Purchasing Manager shall determine if specific change orders require Council approval. Employees are to contact the Purchasing Manager prior to issuing a change order. Meridian City Council Meeting Agenda October 16, 2018 – Page 246 of 419 9 Purchasing Policy – October 2018 E. CREDIT CARD USAGE This policy states the minimum guidelines required by the City of Meridian Credit Card Policy 6.2.5 and by law. Individual departments may establish more restrictive guidelines for usage. Credit card purchases must comply with the Purchasing Policy requirements stated above. IV. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and purchasing processes. All City employees and elected officials are responsible for adherence to City and State purchasing rules, and regulations. A. CODE OF ETHICS All City of Meridian employees responsible for procuring goods or services shall: i. Follow the rules and regulations of the City of Meridian Standards of Conduct Policy 7.5 and the laws of the State of Idaho. ii. Avoid activities that would compromise or give the perception of compromising the best interests of the City. (ref. HR Conflict of Interest Policy 6.18) iii. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. iv. Act as good custodians of public money by obtaining maximum benefit for funds spent. v. All employees are required to comply with the City’s HR Policy 6.11 in regards to gifts and gratuities. In addition to HR Policy 6.11 employees in a position to make or recommend an award of a City purchase shall not solicit or accept gifts, money, prejudicial discounts or entertainment material which might influence or appear to influence purchasing decisions. B. VENDOR RELATIONSHIPS Developing and maintaining good relationships with our suppliers is important. City personnel should work through the Purchasing Department for vendor communication. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier’s business and legal rights to confidentiality for trade secrets, and other proprietary information. C. LOYALTY AWARDS (GIFT CARDS) AND GIFTS Employees are prohibited from personally accepting loyalty/gift cards and/or gifts from vendors for making purchases on behalf of or in any capacity for the City. The City, and Meridian City Council Meeting Agenda October 16, 2018 – Page 247 of 419 10 Purchasing Policy – October 2018 not the employee, is being rewarded for its faithful business. Therefore, employees are to ask for discounts on the purchase being made in lieu of gift cards. D. PROHIBITIONS The City has adopted the following state statutes in regard to purchasing prohibitions: i. I.C. §67-5726 – Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees unless award is made after competitive bids per HR Policy 6.18. ii. I.C. §67-5726 – Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. iii. I.C. §67-5726 – Circumventing Purchasing Authorization – Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases or creating false emergency situations. iv. I.C. §67-5726 – No vendor or related party, or subsidiary, or affiliate of a vendor may submit a bid to obtain a contract to provide property to the City, if the vendor or related party, or affiliate or subsidiary was paid for services utilized in preparing the bid specifications or if the services influenced the procurement process. V. APPEALS The City of Meridian strives for a fair, legal and transparent solicitation process. Any bidder, proposer or vendor who believes they were aggrieved in connection with a solicitation or award may appeal to the Purchasing Manager. The solicitation appeals are as follows: i. Specification Appeal a. Informal Solicitation – A bidder/proposer must submit an appeal to the City Clerk at least one (1) day prior to the due date and time of the solicitation. b. Formal Solicitation – A bidder/proposer must submit an appeal to the City Clerk no later than three (3) days prior to the due date and time of the solicitation. ii. Appeal of Award a. Formal Solicitation – A bidder/proposer must submit an appeal to the City Clerk within seven (7) calendar days of the transmittal of the Notice of Intent to Award, stating the express reason(s) the bidder feels that the award decision is in error. Meridian City Council Meeting Agenda October 16, 2018 – Page 248 of 419 11 Purchasing Policy – October 2018 VI. PAYMENT PROCESSING The City must maintain control over the disbursement of its funds by requiring proper approval and consistent application of procedures for payment transactions. This policy seeks to promote fiscal control, timely and accurate disbursement of funds for external purchases and employee reimbursements, and compliance with state and federal regulations. The Accounts Payable function, within the Finance Department under the direction of the Chief Financial Officer, is responsible for overseeing the payment process for the City, including oversight of appropriate payment method, the approval process and disbursement controls. Prior to disbursement of funds the Finance Department requires all payment requests to be approved by Mayor, Directors or authorized designee. The Mayor, Director or authorized designee approval assures the following conditions have been met: i. The payment request (invoice, check request, receipt, etc.) must be a valid business purpose. ii. Goods or services must have been procured in accordance with the City purchasing policy iii. Goods or services have been received to the satisfaction of the requester iv. The amount to pay reflects the negotiated amount per the purchase order, contract/agreement or verbal agreement. Payments for goods and services are made payable only to the provider of those goods or services (or to a contractually named agent). VII. SURPLUS PROPERTY Personal Property It is the policy of the City to dispose of surplus personal property in the manner that maximizes value received by the City and/or attendant benefits to the community in accordance with the requirements below: ANY FIXED ASSESTS THAT IS TO BE DISPOSED OR SOLD WITHOUT PUBLIC NOTICE, PUBLIC SALE OR AT AUCTION MUST BE AUTHORIZED BY CITY COUNCIL RESOLUTION PRIOR TO DISPOSAL OR SALE. Meridian City Council Meeting Agenda October 16, 2018 – Page 249 of 419 12 Purchasing Policy – October 2018 A. CATEGORIES OF DISPOSAL i. Category A – Items with an original purchase price less than $2,000 a. All methods of disposal apply. ii. Category B – Items with an original purchase price between $2,000 and $9,999 a. All methods of disposal apply. iii. Category C – items with an original purchase price of $10,000 and above. a. All methods of disposal apply except 1(b). B. METHODS OF DISPOSAL i. Method 1 – Sell a. Sell to a state or public agency (city, school district, fire district, irrigation district, etc.) or charitable organization (501)(c)(3) and 501(c)(19). b. Sell to the highest bidder of a public sale, Public Auction or electronic auctioning via the internet after advertisement of public sale for a minimum of 14 calendar days prior to the sale. c. Sell to the highest bidder of a public sale, Public Auction or electronic auctioning via the internet after advertisement of public sale for a minimum of 30 calendar days prior to the sale.. ii. Method 2 – Transfer a. Transfer to another state or local agency b. Transfer to a charitable organization (501)(c)(3) and 501(c)(19) or to any other entity operating a program within the City, where such transfer renders a benefit to the City of Meridian and its citizens. iii. Method 3 – Trade in a. Surplus property may be traded in for the acquisitions of the same or similar property i. Surplus property may be included as partial payment in bids for the same or similar property. The bid shall include a full description of the property to be traded in and allow time for bidders to examine the property. The bid shall be awarded on the basis of net cost to the City. ii. Accounting principles require the trade in value to be allocated as revenue and the Gross cost of the property will be allocated to the expense account. iv. Method 4 – Recycle a. Recycle if property is not to be sold, transferred or discarded. v. Method 5 - Discard a. If none of the above disposal options are feasible, the City may discard, recycle, or sell for salvage such surplus property. Meridian City Council Meeting Agenda October 16, 2018 – Page 250 of 419 13 Purchasing Policy – October 2018 C. EXCEPTIONS 1. Police Canines . Due to the unique nature of police K9 service dogs, the transfer of ownership is exempt from the bid and/or auction requirement. The City Council may approve the removal of a police canine from active duty, and authorize transfer of ownership to a qualified handler, or sale to a qualified law enforcement agency, whichever is appropriate under the circumstances, pursuant to the recommendation of the Chief of Police, following the Resolution Disposal Process. 2. Guns . The Chief of Police may dispose of City-owned guns that are of no further use to the City (or the value of which would be maximized by trade-in for an upgrade) by exchanging the old gun in part payment for a new gun through a dealer holding a valid Federal Firearms License (“FFL”), following the Auction/Bid Disposal Process; or by selling to old gun to a dealer holding a valid FFL, following the Auction/Bid Disposal Process. 3. Computers . Only the Information Technology Division (IT) may dispose of computers. IT shall follow the requirements above for disposal. 4. Cell Phones . Only the Finance Department may dispose of cell phones. The Purchasing Manager may dispose of City-owned cell phones, that are of no further use to the City, through a cell phone recycler. 5. Abandoned Property (I.C. §55-403). Abandoned property shall not be considered surplus City property. It must be disposed of by the method described in the applicable state statute(s). Real Property (I.C. §50-1401 - 1408). Real property may only be sold, exchanged or conveyed with the prior approval of City Council. The following requirements apply to the sale (by public auction), exchange or conveyance of real property: • City Council shall declare a the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange or an explanation of an intended exchange or conveyance for other than monetary consideration. The city council may also declare that the subject property will be offered for sale without establishing a minimum price. • The clerk of the city shall publish a summary of the action taken by the city council in the official newspaper of the city. Notice of the public hearing concerning the proposed exchange or conveyance shall be published in the official newspaper of the city at least fourteen (14) days prior to the date of the hearing. Meridian City Council Meeting Agenda October 16, 2018 – Page 251 of 419 14 Purchasing Policy – October 2018 Sale of real property shall be accomplished by public auction preceding a public meeting declaring the dollar value of said real property or stating that the subject property will be offered without establishing a minimum price. Exchange or conveyance of real property shall take place preceding a public meeting stating an explanation of the exchange or conveyance of real property. Meridian City Council Meeting Agenda October 16, 2018 – Page 252 of 419 15 Purchasing Policy – October 2018 ATTACHMENT “A” Definitions Appeal: An objection to a specification, process, procedure or award. Award: The City's acceptance and approval of a bid or proposal. Bid: A competitive price offer submitted by a prospective vendor in response to a formal or informal invitation issued by the City. Bid Documents - Formal and Semi-Formal: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. Change Order (CO): A written alteration that is issued to modify a Contract or Purchase Order. A bilateral request that directs the Contractor to make changes to the contracted Scope of Work or Specifications. The modification may include time and/or costs changes. In reference to construction contracts, it relates primarily to changes caused by unanticipated conditions encountered during construction not covered by the drawings, plans, or Specifications of the project . Consultant: A person or firm that possesses unique qualifications that allow them to perform specialized advisory services usually for a fee. Serves in an advisory capacity. Contract: Contract types include, Professional Services Agreements, Master Agreements, Task Orders, Contracted Services Agreements and Purchase Orders. Contracted Services: Janitorial services, landscape services etc. Contractor: An individual or firm who has been awarded a contract to provide goods and/or services to the City. Emergency Purchase: A purchase made without a solicitation to safeguard life, health or property in response to a disaster, public calamity, or other unforeseen situation. Emergency purchases MUST be approved by Council. Idaho Code (I.C.): Legal code of Idaho found in the Idaho State Statutes. (This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing). Meridian City Council Meeting Agenda October 16, 2018 – Page 253 of 419 16 Purchasing Policy – October 2018 Notice of Intent to Award: A formal notice sent to the respondents to a bid or RFP stating the low bidder/highest ranked proposer and the City’s intent to enter into contract with the successful bidder/proposer. Payment Bond: A financial or contractual instrument, issued by a surety that guarantees that subcontractors and material providers to contractors will be paid for labor and materials expended by the subcontractor. Acceptable forms of payment bonds may include cashier's check, certified check, or a surety bond. Also known as Labor and Materials Bond. Performance Bond: An instrument executed, subsequent to award, by a successful bidder that protects the public entity from loss due to the bidder’s inability to complete the contract as agreed. Piggyback: A form of intergovernmental cooperative purchasing in which an entity will extend the pricing and terms of a contract entered into by a separate entity Project Manager (PM): The City employee responsible for a purchasing of goods, services, equipment or a construction project. They are accountable for accomplishing the stated project objectives and have the responsibility of the planning, execution, and closing of a project, including processing of payment requests. Professional Services: Services rendered by members of a recognized profession or a person possessing a special skill. Such Professional Services are generally acquired to obtain information, advice, training, or direct assistance. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, construction management and research. Proposal: A document submitted by a firm or individual in response to a Request for Proposals (RFP). Proposer: A person or entity who submits a proposal in response to a Request for Proposals (RFP). Public Purchasing: The purchasing or purchasing of an item or a service for a Public Entity using public funds. Public Works Construction: Public works construction includes any or all of the following branches: (i) Heavy construction, which is defined as constructing substantially in its entirety any fixed works and structures (not including "building construction"), without limitation, for any or all of the following divisions of subjects: irrigation, drainage, sanitation, sewage, water power, water supply, reservoirs, flood control, reclamation, inland waterways, Meridian City Council Meeting Agenda October 16, 2018 – Page 254 of 419 17 Purchasing Policy – October 2018 railroads, grade separations, track elevation, elevated highways, hydroelectric developments, aqueducts, transmission lines, duct lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cutoffs, intakes, drainage, excavation and disposal of earth and rocks, foundations, piers, abutments, retaining walls, viaducts, shafts, tunnels, airports, air bases and airways, and other facilities incidental to the same; (ii) Highway construction, which is defined as all work included in highway construction contracts, including, without limitation, highways, roads, streets, bridges, tunnels, sewer and street grading, street paving, curb setting, surfacing and other facilities incidental to any of the same; (iii) Building construction, which is defined as all work in connection with any structure now built, being built, or hereafter built, for the support, shelter and enclosure of persons, chattels, personal and movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts. (iv) Specialty construction, which is defined as any work in connection with any public works construction, requiring special skill and the use of specially skilled trades or crafts. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous “specialty construction” types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. Purchasing: The process of ordering and receiving goods and services. A subset of the wider purchasing process. Purchasing Manager: The professional within the City who is responsible for procuring or approving the acquisition of goods and services needed by the company. A Purchasing Manager oversees the acquisition of materials needed for production, general supplies for offices and facilities, equipment, or construction contracts. Purchase Order (PO): A short form of contract. PO includes goods and services to be purchased, amount and payment terms. Qualified Bidder : A bidder, determined by the Purchasing Division, that a) meets the minimum standards of business competence, reputation, financial ability, and product quality for placement on the bidders List, and/or b) has met the requirements of a solicitation. Request for Proposal (RFP): A method for acquiring services, equipment and supplies that permits the negotiation of all terms, including scope and price, prior to the award. RFP’s are typically utilized where the need is known but the solution is not. An RFP describes a problem or need in general terms and seeks a written proposal. RFP’s are evaluated and awarded on criteria listed in the solicitation. Price is often one of the evaluation factors, however it is typically not the predominate basis for contract award. Meridian City Council Meeting Agenda October 16, 2018 – Page 255 of 419 18 Purchasing Policy – October 2018 Request for Qualification(RFQ): A Request for Qualification is a form of solicitation used to obtain statements of qualifications for professional services. The basis for award shall be established in the solicitation. RFQ’s may not consider pricing in the evaluation and award of solicitations. Responsive Bidder: A contractor, business entity, or individual who has submitted a bid or proposal that fully conforms in all material respects to the Invitation for Bids (IFB)/Request for Proposals (RFP) and all of its requirements, including all form and substance. Scope of Work/Services: A detailed, written description of the requirements for a procurement contained within an Invitation for Bids or Request for Proposals and/or contract. The scope of work should establish a clear understanding of what the City requires. Specialized Repair: Specialized repair refers to repair of rolling stock (vehicles, trailers and equipment) where the repairs cannot be determined without tearing down the vehicle/equipment. Specification: A precise description of the physical characteristics, quality, or desired outcomes of good or services to be procured, which a supplier must be able to produce or deliver for consideration of award of a contract. Specifications are written not to restrict bidding but to encourage open competition. The goal is to attract maximum reasonable competition. Statement of Work (SOW): Describes the work necessary to complete the required tasks. Used most commonly to procure services. Statutes: The written laws approved by legislatures, also known as legislation. Surety: A pledge or guarantee by an insurance company, bank, individual, or corporation on behalf of the bidder/proposer that protects against default or failure of the contracted bidder/proposer to satisfy the contractual obligations. Surplus Property: Personal property owned by the City that is of no further use to the City, obsolete and/or where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. Terms and Conditions: Standard boilerplate language that includes standard clauses and rules that apply to bids and proposals formally solicited that may become incorporated into the final contract. Transparency: In an ethical context, the idea that the more information disclosed about a business, financial, or economic activity, the better. Transparency improves ethical Meridian City Council Meeting Agenda October 16, 2018 – Page 256 of 419 19 Purchasing Policy – October 2018 conduct. Maximum disclosure is for the betterment of the public and will help to discourage more regulation. Use Tax: A tax imposed on contractors when they install City owned and/or pre- purchased goods, materials or equipment. Meridian City Council Meeting Agenda October 16, 2018 – Page 257 of 419 20 Purchasing Policy – October 2018 ATTACHMENT “B” Idaho Statutes Regarding Purchasing, Contracting and Purchasing Public Works Contractor Licensure Requirements I.C. §54-1903 (i) Exemptions to Public Works Contractor Licensure I.C. §54-1903 (i) & (k) Filing of Notices and Income Tax Returns -- Payment of Income Taxes by Contractors I.C. §54-1904A Public Works Construction Bidding I.C. §67-2803 (2) & (3) Public Purchasing of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Purchasing of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties – Political Subdivisions/Public Officials I.C. §54-1914 (2) I.C. §54-1920 (2) I.C. §59-1026 Penalties – Contractors I.C. §54-1914 (1) I.C. §54-1920 (1) & (3) Prohibitions I.C. §67-5726 Meridian City Council Meeting Agenda October 16, 2018 – Page 258 of 419 21 Purchasing Policy – October 2018 Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors I.C. §67-2320 Disposal of Surplus I.C. Title 50, Chapter 14 Abandoned or Unclaimed Property in Possession of Sheriff or City Police Department -- Sale at Public Auction. I.C. §55-403 Written Plans and Specifications for Work To Be Mande by Officials – Availability I.C. §67-2309 Leases I.C. §50-1409 Related Statutes and Rules Public Works Contractors I.C. Title 54, Chapter 19 IDAHO ADMINISTRATION RULES Idaho Sales and Use Tax Administrative Rules – Contractors 35.01.02.12 STATE OF IDAHO BOARD OF EXAMINERS State Personal Surplus Property Policy and Procedures Policy No. 442-40 Meridian City Council Meeting Agenda October 16, 2018 – Page 259 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 N Project File Number: Item Title: Sole Source Drive Replacement Purchase Meeting Notes: Approval of Sole Source Drive Replacement Purchase for Yaskawa Drives by Dykman Electrical at Well 1613, 16C, and 21. The Not -to -Exceed amount for these drive replacements and services is $45,746.00 9 APPROIED I TEM SHEET C ouncil Agenda I tem - 5.N. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of S ole S ource D rive Replacement P urchase for Yaskawa D rives by D ykman Electrical at Well 16B , 16C, and 21. T he Not-to-Exceed amount for these drive replacements and services is $45,746.00 C ouncil Notes: No signature required, only date of C ouncil approval. T hank you. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/11/2018 B udget R eport Cover Memo 10/11/2018 S igned P O R eq.Cover Memo 10/11/2018 Department Sole S ource L etter Cover Memo 10/11/2018 Distributor S ole Source L etter Cover Memo 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 10/11/2018 - 4:15 P M F inance.B aird, Ted Approved 10/11/2018 - 5:07 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 260 of 419 Page 1 Memo To: C.Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Josh Gabel; Keith Watts Date: 10/10/2018 Re: October 16 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 16 th City Council Consent Agenda for Council’s consideration. Approval of Sole Source Drive Replacement Purchase for Yaskawa Drives by Dykman Electrical at Well 16B, 16C, and 21. The Not-to-Exceed amount for these drive replacements and services is $45,746.00. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Department to issue a Purchase Order for the Water Department’s Well Drive Replacements at the conclusion of the notification period if no objection is received. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda October 16, 2018 – Page 261 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 266 of 419 E IDIAN PURCHASING AGENT 33 East Broadway Avenue Meridian, lD 83642 Phone; 208-888-4433 Fax: 208-887-4813i !:i.i:\ ,t.i t:i CITY OF MERIDIAN SOLE SOURCE FORM Date:1ABl2A18 Item or Service: Variable Frequencv AC Drive fi Sole Source Item is available from only one vendor. ltem is one-of-a kind item and is not sold through distributors. lt/anufacturer is a sole distributor. Refer to instructions on 2nd page for completion JUSTIFICATION: (Attach additional pages if needed) Yaskawa Drives allow for the optimal operation of the City of lMeridian's well and pumping facilities without substantial modification of Utlility supplied power. This allows for less required equipment and Harmonic Filters be installed at these facilities. Yaskawa drives allow for "green" operation during high demand operations by diverting power feed through the drive and allowing "across the line" operation to increase power efficiency and reduce wire to water efficiency loss. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certiflT as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. o CouncilApproval Date: Purchasing Approval: Purchasing Manager Meridian City Council Meeting Agenda October 16, 2018 – Page 265 of 419 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 2 6 4 o f 4 1 9 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3430 - Water - Production 60 - Enterprise Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 54110 Well Maintenance & Repair 270,000.00 0.00 270,000.00 100.00% Carr...Carryforward 88,490.04 0.00 88,490.04 100.00% Total OPERATING COSTS 358,490.04 0.00 358,490.04 100.00% TOTAL EXPENDITURES 358,490.04 0.00 358,490.04 100.00% Date: 10/8/18 11:57:36 AM Page: 1Meridian City Council Meeting Agenda October 16, 2018 – Page 262 of 419 t 9 O �_ C N N ❑ c W C co w LU .2 ..L E n •O 00 o LL, �: �: c m v • O C) Z @ g a Lo U �: N :5i w O Z H LU U H ti Z W LU Q z Q W U Q � � W E Z W N 7 t Q coo v m W C G L'1 a N L OU Q I LLQ. 7 a U U � �1 Ln UO U - M W 4) 00 Q (10 LL M O H D J, M O NM W o LLI (DU) ai > C N O U -N U 2 C � � d 0 p O o ° o r U W U C o y N M I b o • v a N W . r [ T tf} (9 S C? o (D _ • o a m -- `= o o O N o Nc>U)U-) o n(IF>C9 oc»cfl co W IEnO d J U N v d m v vN C � U1 3 vo O • o o v a0 d O a v M O U c e v li o �o tt • r t O o u o o CO IL « D CO Z 0 O O O U u c o N N r � 'a Z a O c Q o v Z D N r E O LL co LL: o • � v $ 0 05 N LL v C U) -0 • n > N 7 c10 w • . w Y Lu Ur Lu u E L(7 r n a _ U C O 2 v o _ o LL1 v v 2, • m r-1 j J P N 0 o N 'L C 'en v) v « uNUi aLL ❑ w O nw. v �EEy otI� > D w W M • m n n 3 c v N n� O y o _ 0 a_i a v d Z O x ` o IE E T u) ro n I Q N L1J a t m d 0iga a LU Z o a U c v �j FN- (i. LO a a W a H o!0W10 Ce E O E E s n. <- Z o v City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 6 O Project File Number: Item Title: AP Invoices for Payment 10/10/18 - $3,194,011.51 Meeting Notes: r✓ APPROVEO I TEM SHEET C ouncil Agenda I tem - 5.O. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 10/10/18 - $3,194,011.51 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment E xhibit 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/11/2018 - 1:45 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 267 of 419 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 ACEM FY19 Emergency Mngt. Executive Council Membership Dues 4,389.38 01 General Fund ADA COUNTY HIGHWAY DISTRICT 19-0046 Pine Ave landscaping cost share (City's portion) 51,072.00 01 General Fund ADA COUNTY HIGHWAY DISTRICT 19-0047 Pine Ave landscape cost share (MDC's portion)89,048.50 01 General Fund ADA COUNTY HIGHWAY DISTRICT PO# 19-0028 Installation Conduit Pine Ave Project 26,110.50 01 General Fund ADA COUNTY SHERIFF'S OFFICE Phone Translation Service Sept 2018 43.50 01 General Fund ALEXANDER CLARK GRAPHICS Uniform Citation Books for Patrol 692.85 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE 220/Repair bathroom door @ FSC 65.00 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE K9 Bldg Door Lock Repairs 210.00 01 General Fund AMERICAN WALLCOVER, INC 18-0458 New Com-Dev Bldg Svcs Section TI - Framing service t 29,799.60 01 General Fund APEX INTEGRATED SECURITY SOLUTIONS 18-0413 1st\ 2nd floor access control handle set 5,386.65 01 General Fund BAUDVILLE 30 years of service award 130.45 01 General Fund BEHAVIORAL WELLNESS RESOURCES 220/Instructor fee for 2 day class, 9-24 & 9-25, 2018 3,500.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,29185C, 9/25/18 280.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,29879B, 9/25/18 102.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,40829C, 9/25/18 194.25 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,51585C, 9/25/18 130.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,51586C, 9/25/18 130.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.18-0517,FY Streetlight Maintenance ,5829B, 9/25/18 94.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.Heat tape on rain gutter at Old City Hall Bldg.8,306.45 01 General Fund BERRY ELECTRICAL SERVICES, INC.Install hot water dispenser City Hall 150.00 01 General Fund BERRY ELECTRICAL SERVICES, INC.Installed Insta Hot heater in 6 location at City Hall 3,750.00 01 General Fund BOISE MOBILE EQUIPMENT, INC Install Radio in #13, Removed from Ford Ranger 270.00 01 General Fund BORDERLAN SECURITY KnowBe4 Security Awareness Training Subscription Gold 1 Year 5,060.00 01 General Fund BOTACH INC.Radio Equipment, headsets for SWAT x qnty 8 5,104.00 01 General Fund BOYS & GIRLS CLUBS OF ADA COUNTY 7/15/14 agreement-gym use for transportation 2018-2019 9,000.00 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, ST. 1, broom handle, kitchen towels 49.48 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 2007 Toyota Vin# 208425, repaired struts & shocks,1,492.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 153 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 50 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change, Battery for Unit # 161 262.38 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Coolant Leak Repair, Heater Hose/Radiator Cap 405.41 Date: 10/11/18 01:39:59 PM Page: 1Meridian City Council Meeting Agenda October 16, 2018 – Page 268 of 419 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires for Unit # 31 492.21 01 General Fund BRYANT IDEAS Red Ribbon Week Bracelets 1,092.00 01 General Fund BSN SPORTS, INC.Court Clean 6' unit and 3 Court Clean towels 631.61 01 General Fund CABLE ONE 220/cable, internet & phone service @ the FSC 145.88 01 General Fund CALDWELL TRANSPORTATION, INC charter bus for 9/12/18 Parks & Recreation Commission tour 522.50 01 General Fund CATHI GONZALEZ Per Diem: C. Gonzalez, NOVA Training, Mccall ID, 10/15/18- 137.50 01 General Fund CHARLIE BUTTERFIELD Expense Report: C. Butterfield, Fire Engine Inspection,46.00 01 General Fund CITY OF BOISE FIRE DEPARTMENT 220/CPR Program, Heartsaver 7 students, 9-18-18 119.00 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse cash for U/C Operations, 6/18/18-9/30/18 670.00 01 General Fund CLIMA-TECH CORPORATION 18-0422 installation of automated logic equip and program 4,833.00 01 General Fund CLIMA-TECH CORPORATION Relocation of automated logic zone sensor 2nd floor 351.00 01 General Fund COLORADO CHAPTER OF INTERNATIONAL CODE COUNCIL Flashcards for certification prep R Beierle 25.50 01 General Fund D & B SUPPLY 2 pair of pants for John Sweeney 59.98 01 General Fund D & B SUPPLY 220/hydraulic fluid for backhoe, MF033 121.96 01 General Fund D & B SUPPLY Dog Food for K9 Randy 68.98 01 General Fund D & B SUPPLY hoze nozzles & hose splice kit for Kleiner Park - qty 6 15.94 01 General Fund D & B SUPPLY repair parts Kleiner gem car door repair - qty 6 23.14 01 General Fund DANELLE KENNY Per Diem: Danelle Kenny, Arresting Officer Safety Conf, Rich 231.00 01 General Fund DEGUZ DESIGNS 2018 Tree Selection Guide graphics design & layout 500.00 01 General Fund EDWARDS GREENHOUSE fall flowers - qty 405 1,491.36 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradle point installation for Inspector Vehicle VIN 506920 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replace Mic Clip with Magnetic Style Unit # 104 108.95 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replace Mic Clip With Magnetic Style Unit# 103 71.95 01 General Fund ESP PRINTING & MAILING postage to mail Welcome to Meridian pieces x 2136 1,176.01 01 General Fund FASTENAL COMPANY credit on epoxy for Ben Kleiner statue repair x 2; 18-5189 (60.31) 01 General Fund FASTENAL COMPANY epoxy for Ben Kleiner statue repair x 3; PD case #18-5189 90.47 01 General Fund FERGUSON ENTERPRISES INC.7 hot water dispensers and filters 2,612.71 01 General Fund FERGUSON ENTERPRISES INC.Hot water dispenser 358.27 01 General Fund FERGUSON ENTERPRISES INC.Hot water dispenser and filters 424.43 01 General Fund FERGUSON ENTERPRISES INC.Plumbing filters and treatments qty 15 553.14 Date: 10/11/18 01:39:59 PM Page: 2Meridian City Council Meeting Agenda October 16, 2018 – Page 269 of 419 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 FERGUSON ENTERPRISES INC.Water filters qty 11 405.64 01 General Fund FRED PRYOR SEMINARS Employee Training 1,194.00 01 General Fund GEM STATE PAPER & SUPPLY CO hand soap refills - qty 2 cases 61.64 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully mainline project - qty 1,685 6,631.58 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully mainline project - qty 40 143.20 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 104 718.72 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 2 179.94 01 General Fund H.D. FOWLER COMPANY irrigation parts for Tully Park - qty 7 638.24 01 General Fund H.D. FOWLER COMPANY sprinklers for Tully Park - qty 2 291.16 01 General Fund H.D. FOWLER COMPANY Tully Park mainline irrigation repair parts - qty 12 544.26 01 General Fund HICKS BROTHERS WOOD FLOORS 18-0363 Homecourt hardwood floor resurfacing 80,000.00 01 General Fund HIGH MARK MACHINE Rifle for Sniper Element 2,750.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/Tote for fire investigation equipment 15.94 01 General Fund HOME DEPOT CREDIT SERVICES Credit return 140 @.97 flat brushs (135.80) 01 General Fund HOME DEPOT CREDIT SERVICES Drill, bits, saw blades, scrapers, tape measure 257.85 01 General Fund HOME DEPOT CREDIT SERVICES Power saw 49.00 01 General Fund HOME DEPOT CREDIT SERVICES Saw blades, towels, putty knives, paint tray, rollers, brush 519.70 01 General Fund HOME DEPOT CREDIT SERVICES Vacuum, step ladder, Multi tool, circular saw, straps,1,065.70 01 General Fund IDAHO CHAPTER PRIMA PRIMA - Role of The Risk Manager & Personnel Mgmt 100.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING A. Rudan, Case# 340303, Child Support Oct. 2018 481.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING B. Caldwell, Case# 251042, Child Support Oct. 2018 245.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING G. Stark, Case# 352890, Child Support Oct. 2018 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING J. Overton, Case# 416457, Child Support Oct. 2018 328.57 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Gould, Case# 321962, Child Support Oct. 2018 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING M. Payne, Case# 311213, Child Support Oct. 2018 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING T. Bryner, Case# 262519, Child Support Oct. 2018 1,174.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES 18-0491 Office Furnature 2nd floor Plan Review 3,712.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES business cards for B Hatch - qty 1 box 46.25 01 General Fund IDAHO DEPARTMENT of LABOR #0007001746 - 2nd Quarter 2018 Unemployment (1,458.58) 01 General Fund IDAHO DEPARTMENT of LABOR #0007001746, 3rd Qrt 2018 Unemployment 2,463.24 01 General Fund IDAHO POWER #2203586629, Street Light Power September 2018 27,192.38 01 General Fund IDAHO POWER #2224102208, 02N01E0507 Pump Discovery Park, Sept 2018 1,186.85 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice 196.41 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices 1,468.70 01 General Fund IDAHO STATE POLICE Background Checks 160.00 01 General Fund IDAHO STATE POLICE Fingerprinting and Background Testing 148.00 01 General Fund IDAHO VICTIM WITNESS ASSOC Victim Witness Association Membership for C.Gonzalez 50.00 Date: 10/11/18 01:39:59 PM Page: 3Meridian City Council Meeting Agenda October 16, 2018 – Page 270 of 419 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 INTERNATIONAL CODE COUNCIL 2012 ICR study companioin for new building plans examiners 340.00 01 General Fund INTERNATIONAL CODE COUNCIL Code Books for Electricial Inspector Supervisor 219.05 01 General Fund INTERNATIONAL CODE COUNCIL Flashcards for certification prep R Beierle 25.50 01 General Fund INTERNATIONAL CODE COUNCIL Study companion for certification J Dart 53.25 01 General Fund JAKE DURBIN Per Diem: J. Durbi, Law Enforcement Counter, North Little Ro 550.00 01 General Fund JAYKER WHOLESALE NURSERY Maple & Spruce trees for Settlers Park - qty 3 338.85 01 General Fund JAYKER WHOLESALE NURSERY plants for Settlers Park - qty 46 960.70 01 General Fund JOE BONGIORNO Per Diem: J. Bongiorno, NFA Course, Emmitsburg MD,457.50 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 18-0431, quarterly test/inspect City Hall 1,289.52 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Annual Fire Alarm monitoring Fire Safety Center Oct 2018 91.66 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Homecourt fire sprinkler system servicing 8/31/18 & 9/19/18 476.00 01 General Fund JON SALISBURY Per Diem: J. Salis, Law Enforcement Counter, North Little Ro 550.00 01 General Fund K-9 DISTRIBUTING Dog Food for K9 Gus 238.00 01 General Fund LEGACY FEED & FUEL 220/chainsaw bars for E-36 59.72 01 General Fund LEGACY FEED & FUEL 220/chainsaw chains for training division 83.80 01 General Fund LESLIE MAULDIN Expense Report: L. Mauldin, Northwest Public Art Consortium 347.71 01 General Fund LOWE'S 220/Batteries for smoke alarm program 64.48 01 General Fund LOWE'S 220/Janitorial FSC & Pub Ed materials 747.60 01 General Fund LOWE'S Kobalt Folding Hex/Groovelock pli x2 - tools for inspector 33.19 01 General Fund MDF-MOST DEPENDABLE FOUNTAINS drinking fountain for Tully Park - qty 1 1,355.00 01 General Fund MERIDIAN VETERINARY CLINIC Vet Care for K9 Arco 101.00 01 General Fund MINUTEMAN, INC.Assist Victim with Door Lock 18-5704 80.00 01 General Fund NAPA AUTO PARTS Van wash brush, Car soap, Tire gauge, Shop gauge 69.68 01 General Fund NICK KULACK Per Diem: N. Kulak, Law Enforcement Counter, North Little Ro 550.00 01 General Fund NORCO cylinder rental for welding gas - August 2018 42.16 01 General Fund NORCO cylinder rental for welding gas - September 2018 40.80 01 General Fund NORCO Earplugs, lens cleaning towelettes 28.93 01 General Fund NORCO grinding discs & steel cutting blades - qty 22 474.84 01 General Fund NORCO ice packs - qty 8 12.00 01 General Fund NORTHWEST HARDSCAPE SPECIALTIES downtown tree work at Main Street & Idaho-both directions 9,518.46 Date: 10/11/18 01:39:59 PM Page: 4Meridian City Council Meeting Agenda October 16, 2018 – Page 271 of 419 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 NW HUMAN RESOURCES CONSULTING Succession Planning August 2018 200.00 01 General Fund OFFICE DEPOT, INC.Camera for Community Service Division 159.99 01 General Fund OFFICE DEPOT, INC.desk organizer - qty 1 20.01 01 General Fund OFFICE DEPOT, INC.Homecourt pickelball & noon ball posters - qty 10 67.90 01 General Fund OFFICE DEPOT, INC.Labels for HR 41.25 01 General Fund OFFICE DEPOT, INC.Markers, Labels, Stamps & Laminate Roll 193.50 01 General Fund OFFICE DEPOT, INC.Office Supplies: First Aid Kit, Candy, Foray Board, Mrkr Exo 247.41 01 General Fund OFFICE DEPOT, INC.Paper, post its, badge holders, tabs, dividers, binder, labe 230.65 01 General Fund OFFICE DEPOT, INC.paper, toner, stapler, pens, notepads, markers, folders 354.00 01 General Fund OFFICE DEPOT, INC.plates, post-it notes 9.20 01 General Fund OFFICE DEPOT, INC.Returned Laminating Film-wrong Product (48.46) 01 General Fund OFFICE DEPOT, INC.Thermal Laminating Pouches 23.20 01 General Fund OFFICE DEPOT, INC.toner, dividers, pads 878.67 01 General Fund OGLETREE, DEAKINS, NASH, SMOAK, & STEWART Fire Fact Finding issues 156.00 01 General Fund OVERHEAD DOOR COMPANY 220/Repair garage door, St. 3 95.00 01 General Fund OXARC, INC.220/refill 2 medical oxygen cylinders 16.30 01 General Fund OXARC, INC.220/refill 3 medical oxygen cylinders 20.20 01 General Fund PAIGE MECHANICAL GROUP, INC.Plugged urinal 127.50 01 General Fund PATRICK GRAVSETH Reimburse for airline ticket for cancelled 2nd interview 113.90 01 General Fund PLATT ELECTRIC SUPPLY 220/light for flag pole at Station 3 28.05 01 General Fund PLATT ELECTRIC SUPPLY Lights bulbs for City Hall 48.72 01 General Fund PLATT ELECTRIC SUPPLY Milwakee drill 130.00 01 General Fund PORTAPROS, LLC portable toilets at Heritage ball fields 9/21/18 498.00 01 General Fund PORTAPROS, LLC portable toilets at Jabil Fields 9/24/18 498.00 01 General Fund PRECISE DIGITAL LLC 18-0440, Video System Replacement for Interview Rooms, insta 20,940.27 01 General Fund PRO FORCE LAW ENFORCEMENT 5 Taser Holsters to Replace Broken 305.00 01 General Fund RESOURCE X FY2019, Annual Subscription, Priority Based Budgeting Softwa 20,000.00 01 General Fund RICOH USA, INC Copier Lease for PSTC Oct 2018 275.76 01 General Fund RYAN RHOADES Per Diem: R. Rhoades, Arresting Officer Safety Conf.,231.00 01 General Fund SALT LAKE WHOLESALE SPORTS 18-0537 Ammo 10,386.05 01 General Fund SALT LAKE WHOLESALE SPORTS 18-0537 Duty Ammunition 317.90 01 General Fund SALT LAKE WHOLESALE SPORTS 18-0537 Firearms for PD 2,638.04 01 General Fund SALT LAKE WHOLESALE SPORTS 18-0537 Training Ammo 6,100.40 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 9/5-9/26/18 x 10 224.00 Date: 10/11/18 01:39:59 PM Page: 5Meridian City Council Meeting Agenda October 16, 2018 – Page 272 of 419 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 SHRED-IT USA, LLC.Shred PD Documents 236.25 01 General Fund SIGNS, ETC 220/Install Station logos onto wall at St. 2 105.00 01 General Fund SIGNS, ETC City Decal for Vehicle # 5 VIN# 506920 145.00 01 General Fund SIGNS, ETC Kate's Field sign for Settlers MYB - qty 1 565.50 01 General Fund SIGNS, ETC Table Runner for Community Events 74.00 01 General Fund SIGNS, ETC Unit #150, replace vehicle graphics 1,044.00 01 General Fund SIGNS, ETC Vehicle lettering Vehicle #6 VIN# 6137342 145.00 01 General Fund SILVER CREEK SUPPLY two wire for Tully Park - qty 1,000 feet 333.00 01 General Fund SILVER CREEK SUPPLY valve & drain boxes for Kleiner Park - qty 6 64.00 01 General Fund SONYA ALLEN Expense Report: S. Allen, 2018 Montana Assoc of Planners, 191.43 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/BC31, MF027, replace driver seatbelt 319.65 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/BR35, MF029, charge battery 173.40 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Check engine lite on, won't regen, replace headlights 988.11 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF005, charge battery 173.40 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF008, WT-32, repair failed plumbing 699.34 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF018 repair, primer stuck,pressure valve leak, clutch 2,063.46 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF018, Preventative Maintenance 917.13 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF018, remove equipment to transfer to new engine 433.50 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF018, repair door switch, repair A/C 1,453.19 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF019, replace driver mirror 898.41 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF036, repair radio fuse on bluetooth phone system 669.57 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF037, repair drain valve handle, fix leak intake relief 3,440.61 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc MF037 612.56 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc, MF040 992.79 01 General Fund STEELMAN PLUMBING Install insta hot faucet in finance 135.00 Date: 10/11/18 01:39:59 PM Page: 6Meridian City Council Meeting Agenda October 16, 2018 – Page 273 of 419 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 STEELMAN PLUMBING Installed 7 insta hot faucets 945.00 01 General Fund STEELMAN PLUMBING Unclogged floor sink in IT 150.00 01 General Fund STREET CRIMES Training Registration for Street Crimes Training 1,495.00 01 General Fund SUNBELT RENTALS hot saw rental for cutting Tully Park pathway 9/24/18 66.10 01 General Fund SYNCB/AMAZON 220/4 window curtains & 4 rods for St. 4 107.12 01 General Fund SYNCB/AMAZON 220/59 rescue knives, equipment 471.41 01 General Fund SYNCB/AMAZON 220/Janitorial, dish rags,laundry & dishwasher cleaner tabs 282.83 01 General Fund SYNCB/AMAZON Amazon Basics USB 2.0 Extension Cable a-Male to a-Female 365.42 01 General Fund SYNCB/AMAZON Anker USB 3.0 4port portable aluminum hub with 2foot USB 67.96 01 General Fund SYNCB/AMAZON Cable Matters Unidirectional DisplayPort to HDMI Cable 10ft 27.98 01 General Fund SYNCB/AMAZON memory cards for drone - qty 2 29.83 01 General Fund SYNCB/AMAZON Network Warrior: Everything you need to know that wasnt on 67.13 01 General Fund SYNCB/AMAZON Office supplies for new Plan Review office 145.13 01 General Fund SYNCB/AMAZON Onkron Monitor Desk Mount for 23-32 inch LED LCD Flat Monito 110.38 01 General Fund SYNCB/AMAZON Stero headphones for office 20.98 01 General Fund T-ZERS SHIRT SHOP 220/57 uniform shirts 805.15 01 General Fund T-ZERS SHIRT SHOP Middle School Safety Summit T-shirts x qnty 140 1,013.00 01 General Fund THE ACTIVITY GROUP Replacement Supplies for Trauma Kits 214.45 01 General Fund THE CAR PARK Courthouse Parking Sept 2018 136.00 01 General Fund THE GALLERY OF FINER FRAMES HPC framed map 450.95 01 General Fund THE UPS STORE Ground Commercial Tracking# 1ZE786060317004754 15.49 01 General Fund THE UPS STORE Postage to send Evidence to Lab 47.32 01 General Fund THOMAS ERICKSON Per Diem: T. Erick, Law Enforcement Counter, North Little Ro 550.00 01 General Fund TRI STATE ELECTRIC, INC 18-0463 Electrical Service 2nd floor Bldg. Svcs. Plan Review 19,784.70 01 General Fund ULTRA TOUCH CAR WASH Vehicle #3 ROrozco car wash 6.75 01 General Fund UNIFORMS 2 GEAR 220/1 pair uniform boots 273.78 01 General Fund UNIFORMS 2 GEAR 220/1 winter uniform jacket & 1 pair station boots 666.39 01 General Fund UNIFORMS 2 GEAR 220/zippers for uniform boots 60.12 01 General Fund UNITED HERITAGE INSURANCE 02065-001, October 2018 Premiums 14,185.82 01 General Fund UPSON COMPANY 18-0475 220/Downspout & Gutter repair all Fire Stations 3,319.00 Date: 10/11/18 01:39:59 PM Page: 7Meridian City Council Meeting Agenda October 16, 2018 – Page 274 of 419 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 USSSOA 18-0347 Volleyball officials 9/24-9/28/18 - qty 60 games 1,309.35 01 General Fund USSSOA 18-0347 Volleyball officiating 9/17-9/21/18 - qty 59 games 4,012.53 01 General Fund USSSOA Flag Football officiating 9/24-9/28/18 - qty 8 games 633.36 01 General Fund VARSITY FACILITY SERVICES 18-0013 service to 9/15/18. Janitorial service all locations 16,110.74 01 General Fund VICTORY GREENS sod for Storey Park Cox Field - qty 110 40.70 01 General Fund WAXIE SANITARY SUPPLY 18-0191, TP, batteries, seat covers, kleenex, soap,2,727.11 01 General Fund WAXIE SANITARY SUPPLY 18-0191,floor water hog mats qty 2 470.40 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/17 pr structure boots 5,640.66 01 General Fund WEIDNER & ASSOCIATES 18-0383 220/fireline tape for investigations 119.88 01 General Fund WEIDNER & ASSOCIATES 220/20 streamlights for all stations 1,960.00 01 General Fund WOODY'S OUTDOOR POWER, INC.pressure washer part for Kleiner Park - qty 1 93.22 01 General Fund WW GRAINGER, INC Antifatigue runner for City hall qty 1 970.65 01 General Fund XEROX CORPORATION - PASADENA MX4-506016 Xerox 7845 base 9/2018; click 8/21-9/21/18 519.56 Total 01 General Fund 579,272.89 07 Impact Fund HOME DEPOT CREDIT SERVICES 220/tools for E-36, toolbox, paint can, ice chest, ext cord 377.25 07 Impact Fund SYNCB/AMAZON 220/2 security boxes for narcotics to mount in E36 49.94 07 Impact Fund TVR INC 18-0252 pay #4 - BP15 HVAC for Discovery Park thru 8/31/18 8,744.75 07 Impact Fund TVR INC 18-0252 pay#5 BP15 HVAC for Discovery Park thru 9/30/18 2,498.50 Total 07 Impact Fund 11,670.44 20 Grant Fund governmental MURRAYSMITH INC 18-0199 W Chateau Street Lighting Design, service through 8/ 549.00 Total 20 Grant Fund governmental 549.00 60 Enterprise Fund 2M COMPANY Pump master float switch w/50ft cable (5 qty)373.38 60 Enterprise Fund A COMPANY INC WRRF Cap.Exp. porta potty service as of 9/20/18 99.63 60 Enterprise Fund ACEM FY19 Emergency Mngt. Executive Council Membership Dues 4,389.37 60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 18-0212,ACHD Pine const project as of 9/25/18 206,280.00 Date: 10/11/18 01:39:59 PM Page: 8Meridian City Council Meeting Agenda October 16, 2018 – Page 275 of 419 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 AIR FILTER SUPERSTORE WHOLESALE LLC HVAC Filters for Well Sites Qty 60 252.60 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC standard capacity filters (30 qty)113.70 60 Enterprise Fund AL CHRISTY Expense Report: A. Christy, Joint States Utility Coordinator 5.00 60 Enterprise Fund AMANDA PLITT Per Diem: A. Plitt, TruePoint Conf., Reno NV, 10/22/18-10/25 231.00 60 Enterprise Fund AVAYA, INC.Utility Maint Communications Equipment Quarterly 236.91 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0031, IVR Phone Pmt Services September 2018 1,384.50 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0032, Lockbox/Payment Processing Services Sept. 2018 1,251.88 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0090, Statement & Delinquent Notices Services September 2 11,889.29 60 Enterprise Fund BOE - Boise Office Equipment XKP547491 copies 9/3/18-10/2/18 141.30 60 Enterprise Fund BOWERS AUTO REPAIR Wire Truck for Pressure Washer use C18131 546.88 60 Enterprise Fund CAREER UNIFORMS Hat with Logo S. Pehrson Qty 2 17.50 60 Enterprise Fund CAREER UNIFORMS Shirts & Caps (55 qty)547.25 60 Enterprise Fund CAREER UNIFORMS Shirts & swearter for LMVey (3 qty)86.05 60 Enterprise Fund CDW GOVERNMENT HP 24UH 24IN LED Backlit Monitor 450.48 60 Enterprise Fund COBALT TRUCK EQUIPMENT Labor & parts for inspection on Maintenance truck crane 291.75 60 Enterprise Fund COBALT TRUCK EQUIPMENT Labor & supplies to repair maintenance truck C9868 (31 hrs) 3,227.00 60 Enterprise Fund CORE & MAIN LP Brass Bushing Qty 4 5.76 60 Enterprise Fund CORE & MAIN LP Manhole Hook MH30 Qty 1 48.66 60 Enterprise Fund CUES Cable assy 7,974.51 60 Enterprise Fund CUES Motor brush to repair CCTV Van 1 camera transporter (6 qty) 254.02 60 Enterprise Fund CUES Returned double ball race (340.23) 60 Enterprise Fund CUES Returned motor kit for camer transporter (70.63) 60 Enterprise Fund CURTIS CLEAN SWEEP INC Broom Sweep @ Fairwood Dr on 9/18/18 130.00 60 Enterprise Fund D & B SUPPLY Safety gloves, t-shirts, work shirts for inspectors 593.77 60 Enterprise Fund DARCY CUMMINGS Per Diem: D. Cummi, TruePoint Conf., Reno NV, 10/22/18-10/25 231.00 60 Enterprise Fund DC ENGINEERING 18-0176 Labor for PLC programming at Landing Lift Station 640.00 60 Enterprise Fund DC ENGINEERING 18-0176 Labor for SCADA PLC programming at lift stations 860.00 Date: 10/11/18 01:39:59 PM Page: 9Meridian City Council Meeting Agenda October 16, 2018 – Page 276 of 419 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 DC ENGINEERING Labor to disable FOB on front gate & repair level transducer 440.00 60 Enterprise Fund EL-ADA, INC.El-Ada, August 2018, Meridian Cares Program, Qty 6 42.00 60 Enterprise Fund EL-ADA, INC.El-Ada, July 2018, Meridian Cares Program, Qty 4 28.00 60 Enterprise Fund EL-ADA, INC.El-Ada, September 2018, Meridian Cares Program x qnty 6 42.00 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Labor, Parts Install of ER Lights C20535 4,743.94 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 FY18 Water Testing Qty 75 660.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 FY18-Water Sampling Services Qty 60 6,090.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 FY18-Water Testing Qty 33 2,476.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0536 Remaining FY18- Water Sampling Services Qty 60 528.00 60 Enterprise Fund FASTENAL COMPANY Brass Hex Nuts Qty 200 237.60 60 Enterprise Fund FASTENAL COMPANY Cable Ties Qty 200 92.44 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 2inch Omni Qty4, 2inch T2 Qty 2, 1 1.5inch C2 9,808.28 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 New Capital Meters 2OMT2 Qty 1 1,002.79 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 New Capital Meters, Dual Port 520M MXU Qty 35 6,058.85 60 Enterprise Fund FERGUSON ENTERPRISES INC.18-0522 New Capital Meters, Single Port 520M MXU Qty 27 4,125.87 60 Enterprise Fund FERGUSON ENTERPRISES INC.Head Bit, So Flg, Thread Nut Qty 34 223.86 60 Enterprise Fund FERGUSON ENTERPRISES INC.Nylon Saddle, Iron Air Valve, Nipple Thread Qty 33 651.60 60 Enterprise Fund FERGUSON ENTERPRISES INC.OMNI 4inch T2 Qty 1 999.25 60 Enterprise Fund FERGUSON ENTERPRISES INC.Round Tapeered, Meter Boxes, Iron Meter Box, Frame & Cover 1,551.84 60 Enterprise Fund FISHER SCIENTIFIC Autoclave thermometer 99.99 60 Enterprise Fund FISHER SCIENTIFIC Chlorophylla standard 351.00 60 Enterprise Fund FISHER SCIENTIFIC Drager tubes & fyrite solution for Operations (5 pk)878.27 60 Enterprise Fund FISHER SCIENTIFIC GGA solution (2 qty)67.16 60 Enterprise Fund FISHER SCIENTIFIC Small weigh boats (4 pk)61.32 60 Enterprise Fund FISHER SCIENTIFIC Timers (5 qty)269.50 60 Enterprise Fund FORGE BUILDING CO.Refund: dumpster deposit, 3735 N Ten Mile Rd.,122.38 60 Enterprise Fund FRED PRYOR SEMINARS Pryor + Program for EMunoz 199.00 60 Enterprise Fund FRED PRYOR SEMINARS Pryor + Program for RMason 199.00 60 Enterprise Fund HAZEL ASPHALT, LLC Asphalt Patch @ 1307 W Fairwood 750.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Nifty Nabber Qty 2 39.94 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Plants, cooler hooks, broom, trash cans & shelf unit - 14 322.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Arte, Case# 352719, Child Support Oct. 2018 420.00 Date: 10/11/18 01:39:59 PM Page: 10Meridian City Council Meeting Agenda October 16, 2018 – Page 277 of 419 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING B. Kerr, Case# 344238, Child Support Oct. 2018 443.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING M. Edwards, Case# 354376, Child Support Oct. 2018 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING N. Howell, Case# 326566, Child Support Oct. 2018 299.00 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice 200.80 60 Enterprise Fund IDAHO PRESS-TRIBUNE Legal Notice for FY19 Fee Rate Increase 1,071.49 60 Enterprise Fund IDAHO STORAGE CONTAINERS LLC.Confined space container unit 3,000.00 60 Enterprise Fund IDEQ - ID AIR QUALITY PROG FY19 Public Drinking Water System Assessment FY2019 105,522.00 60 Enterprise Fund INDUSTRIAL FILTER MANUFACTURERS, INC. Parts to install new filters (4 qty)1,031.54 60 Enterprise Fund INDUSTRIAL HYGIENE RESOURCES LTD Monitoring for Volatile Organic compounds during Fire Hydran 2,835.00 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,WRRF Cap.Exp.Construction App services as of 9/25/18 708,202.95 60 Enterprise Fund JOHN ROBBINS Refund: wat/sewer/trash, #17340012-03, 1502 E Willowbrook, 106.08 60 Enterprise Fund KARIE GLENN Per Diem: K. Glenn, TruePoint Conf., Reno NV, 10/22/18-10/25 231.00 60 Enterprise Fund KUNA MACHINE SHOP Labor to cut window & door frame on confined space unit 796.80 60 Enterprise Fund LOWE'S Pressure washer for plant 378.10 60 Enterprise Fund LOWE'S Safety Red Paint Qty 4 106.32 60 Enterprise Fund LOWE'S Safety Red Paint Qty 6 159.48 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap EXp.Special Inspection 9/17-9/30/18 8,911.77 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0135,WRRF Cap.Exp. special inspection 9/3-9/16/18 5,715.08 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365,WRRF Headworks upgrades,spec.inspect 9/3-9/16/18 3,416.40 60 Enterprise Fund McCALL INDUSTRIAL SS nipple (2 qty)8.80 60 Enterprise Fund MICHAEL EDGAR Refund: wat/sewer/trash, #09250512-02, 4099 N Elsinore 40.83 60 Enterprise Fund MICHAEL EDGAR Refund: wat/sewer/trash, #09250515-02, 4163 N Elisnore Ave, 7.29 60 Enterprise Fund MINUTEMAN, INC.Well Keys Qty 4 35.80 60 Enterprise Fund MURRAYSMITH INC 17-0091, TO 10624.a Water Main Extension - Amity & Linder R 3,648.50 60 Enterprise Fund MURRAYSMITH INC 18-0192,Inflow monitoring,Eng.Service as of 8/31/18 365.00 60 Enterprise Fund MURRAYSMITH INC 18-0390,Unidirectional flushing eng.service as of Aug 2018 12,345.00 60 Enterprise Fund NORCO Cylinder rental for September 2018 59.46 60 Enterprise Fund NORCO Hand soap, soap dispenser & glass cleaner (7 qty)182.77 Date: 10/11/18 01:39:59 PM Page: 11Meridian City Council Meeting Agenda October 16, 2018 – Page 278 of 419 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 NORCO Hi-vis shirts and jacket for WMusick (9 qty)138.10 60 Enterprise Fund NORCO Sweat bands for hard hats (3 qty)11.67 60 Enterprise Fund NORCO TP & disinfectant cleaner (3 qty)114.96 60 Enterprise Fund OFFICE DEPOT, INC.Calulator, Easel, Markers, Note Books, Dry Erasers, Hightlig 399.18 60 Enterprise Fund OFFICE DEPOT, INC.CD/DVD Writer, Monitor, Backrest, Printer, HDMI Cable Qty 5 497.24 60 Enterprise Fund OFFICE DEPOT, INC.Chair for K Radek 272.08 60 Enterprise Fund OFFICE DEPOT, INC.Cork Board 227.79 60 Enterprise Fund OFFICE DEPOT, INC.paper, toner, stapler, pens, notepads, markers, folders 765.31 60 Enterprise Fund OFFICE DEPOT, INC.plates, post-it notes 66.15 60 Enterprise Fund OFFICE DEPOT, INC.USB Drive Qty 1 33.26 60 Enterprise Fund OFFICE DEPOT, INC.White Board 12.95 60 Enterprise Fund OFFICE VALUE - MERIDIAN Desk calendars, pens, copier paper, labels, binders, (59 qty 858.50 60 Enterprise Fund OFFICE VALUE - MERIDIAN Note Paper, Calendars, Chair Mat, Stapler, Qty 47 1,856.40 60 Enterprise Fund OVERHEAD DOOR COMPANY General Service of Doors W5, W6, W7, W11, W17 283.68 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery 1980gl 3,269.40 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery 2050gl 3,383.50 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery 3500gl 5,747.00 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 1320 2,193.60 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 1850 3,057.50 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 1870 3,090.10 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 1945gl 3,212.35 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 2000 3,302.00 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 2465 4,059.95 60 Enterprise Fund OXARC, INC.19-0045 FY18 Sodium Hypochlorite Delivery Qty 2930 4,817.90 60 Enterprise Fund OXARC, INC.19-0045 FY18 Soduim Hypochlorite Delivery Qty 2100 3,465.00 60 Enterprise Fund PETER FRAME Per Diem: P. Frame, TruePoint Conf., Reno NV, 10/22/18-10/25 231.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY 125V Yellow Plg Qty 5 14.18 60 Enterprise Fund PLATT ELECTRIC SUPPLY Assortment of Bits Qty 1 84.23 60 Enterprise Fund PLATT ELECTRIC SUPPLY Crimp Tool, Ext Cord, Conuit, Low Profile Qty 53 270.38 60 Enterprise Fund PLATT ELECTRIC SUPPLY Flourescent starter, 4 inch sq cover & insulated pigtail 41.84 60 Enterprise Fund POWER SYSTEMS WEST Generator Repair Service Call @ Well 23 9/24/18 374.40 60 Enterprise Fund REALTY MANAGEMENT ASSOCIATES Refund: wat/sewer/trash, #09130708-02, 4532 N Price Ave. 37.85 60 Enterprise Fund REPUBLIC SERVICES - TRANSFER STATION Biosolids Disposal for September 2018 5,531.22 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - September 2018 1,124,755.41 Date: 10/11/18 01:39:59 PM Page: 12Meridian City Council Meeting Agenda October 16, 2018 – Page 279 of 419 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 RICOH USA, INC 18-0396 Order Number 68518324, MPC2004EX-RIC/Ricoh Configura 3,092.85 60 Enterprise Fund RICOH USA, INC MPC2004EX b/w (312 qty) & color (132 qty) images 10.74 60 Enterprise Fund RICOH USA, INC Order Number: 6833004, MPC2004EX-RIC/Ricoh MPC2004ex Configu 4,426.55 60 Enterprise Fund RICOH USA, INC Order Number: 69296168, MPC4504EX-RIC/Ricoh MPC4504EX Config 7,345.57 60 Enterprise Fund RICOH USA, INC Richoh Copy Machine B/W 406 Color 117 9.53 60 Enterprise Fund SAMANTHA LIGNE Refund: Dumpster deposit, #9901011066-01, 1703 S. Goldsmith 43.67 60 Enterprise Fund STAR CONSTRUCTION, LLC Labor for manhole/main repair N14-85 thru N14-28 3,100.00 60 Enterprise Fund SULLIVAN REBERGER 17-0409, Lobbing fees September 2018 4,000.00 60 Enterprise Fund SYNCB/AMAZON Anker USB 3.0 4port portable aluminum hub with 2foot USB 318.99 60 Enterprise Fund SYNCB/AMAZON Network Warrior: Everything you need to know that wasnt on 27.99 60 Enterprise Fund T-ZERS SHIRT SHOP Embroidered 15 shirts for inspection 105.00 60 Enterprise Fund T-ZERS SHIRT SHOP Hats & beanies (18 qty)213.00 60 Enterprise Fund TESTAMERICA Biosolids testing (12 tests)866.50 60 Enterprise Fund TRUEPOINT SOLUTIONS LLC Registration for DCummings to attend TrueBill Conference 75.00 60 Enterprise Fund ULINE, INC.Stackable Bins, Stachable Milk Grates Qty 39 469.00 60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, October 2018 Premiums 4,054.00 60 Enterprise Fund US WATER SERVICES INC 18-0204,Well 22 Treatment equipment and install thru 9/21/18 241,088.00 60 Enterprise Fund USA BLUEBOOK Hydrant Oil, Food Grade Hose, CL2 Hand Dispenser Qty 64 789.00 60 Enterprise Fund USA BLUEBOOK Sandpiper Diaph Pump Qty 1 875.17 60 Enterprise Fund VARSITY FACILITY SERVICES 18-0013 service to 9/15/18. Janitorial service all locations 1,715.17 60 Enterprise Fund VARSITY FACILITY SERVICES Pressure wash WW Admin building 1,150.00 60 Enterprise Fund VARSITY FACILITY SERVICES Pressure wash WW Lab building 500.00 60 Enterprise Fund WATER ENVIRONMENT FEDERATION #01837248, WEF Membership Dues, L. Mcvey, 12/31/18-12/31/19 200.00 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Oil change & semi-annual inspection on GEN#4 1,365.32 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Oil change & semi-annual service for GEN#1 1,367.12 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Oil change & semi-annual service on GEN#3 1,367.12 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB570607 b/w (636 qty) & color (1,149 qty) images 60.63 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7985464 monthly copier lease for Aug 2018 166.37 Date: 10/11/18 01:39:59 PM Page: 13Meridian City Council Meeting Agenda October 16, 2018 – Page 280 of 419 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080 Xerox Machine Lease charge only 8/1 to 8/30/18 266.95 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4761692 Final copier lease payment for Sept 2018 256.41 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4761692 monthly copier lease for Aug 2018 290.70 60 Enterprise Fund YMC, INC.Labor to repair broken gas line (20 hrs)1,360.00 Total 60 Enterprise Fund 2,602,519.18 Report Total 3,194,011.51 Date: 10/11/18 01:39:59 PM Page: 14Meridian City Council Meeting Agenda October 16, 2018 – Page 281 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 7 Project File Number: Item Title: Items Moved from the Consent Agenda Meeting Notes: City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 8 A Project File Number: Item Title: Recognition of Tom Sauer for Years of Service on the Board of Adjustment Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: M ayor D e Weerd Estimated Time f or P resentation: Title of I tem - Recognition of Tom S auer for Years of S ervice on the Board of Adjustment Tom S auer has served as the chair of the Board of Adjustment f or 8 years. C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 10/12/2018 - 12:40 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 282 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 A Project File Number: Item Title: Resolution No. 18-2115: 1 A Resolution Of The Mayor And The City Council Of The City Of Meridian Appointing Patricia Matthews To Seat 8 Of The Meridian Transportation Commission Meeting Notes: 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. 18-2115: A Resolution Of T he M ayor And T he C ity C ouncil Of T he C ity Of M eridian Appointing P atricia M atthews To Seat 8 Of T he M eridian T ransportation C ommission R eso appointing Patricia Matthews to Transportation Commission C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/11/2018 - 12:00 P M L egal.A lbertson, Michelle Approved 10/11/2018 - 1:26 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 283 of 419 CITY OF MERIDIAN RESOLUTION NO. 18-2115 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 PATRICIA MATTHEWS TO SEAT 8 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 7 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Seat 8 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to appoint Patricia Matthews to Seat 8 of the Meridian Transportation Commission. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Patricia Matthews shall be appointed to Seat 8 of the Meridian Transportation Commission, which term shall run through May 31, 2019, pursuant to Meridian City Code Section 2-3-3 (C). Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2018. ADOPTED by the City Council of the City of Meridian, Idaho, this l� day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of October, 2018. APPROVED:�Q°�ED AUGvsT, ATTEST: z Cityor IDIAN Mayor m de Weerd IDAHO m /ayy s, City Clerk �� SEAL RESOLUTION APPOINTING MATTHEWS TO TRANSPORTATION COMMISSION PAGE 1 OF 1 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 B Project File Number: Item Title: Resolution No. 18-2116: Meeting Notes: A Resolution Appointing Jody Ault To Seat 7 Of The Meridian Historic Preservation Reappointing Jacy Jones To Seat 3 And Blaine Johnston To Seat 2 Of The Meridian Historic Preservation Commission. &f APPROVED I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: M ayor D e Weerd Estimated Time f or P resentation: 2 minutes Title of I tem - Resolution No. 18-2116: A Resolution Appointing J ody Ault To Seat 7 Of T he M eridian Historic Preservation Reappointing J acy J ones To S eat 3 And Blaine J ohnston To Seat 2 Of T he M eridian Historic P reservation C ommission. R eso for appointments of Ault, J ones and J ohnston to HP C C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Reso f or HP C appointments Resolution 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/11/2018 - 1:08 P M L egal.A lbertson, Michelle Approved 10/11/2018 - 1:26 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 285 of 419 CITY OF MERIDIAN RESOLUTION NO. 18-2116 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 JODY AULT TO SEAT 7 OF THE MERIDIAN HISTORIC PRESERVATION REAPPOINTING JACY JONES TO SEAT 3 AND BLAINE JOHNSTON TO SEAT 2 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Historic Preservation Commission, its members and terms of their appointments; and WHEREAS, Jacy Jones was appointed by Resolution No. 16-1150 to Seat 3 of the Meridian Historic Preservation Commission on July 19, 2016 with a term to expire in October of 2018; and WHEREAS, Blaine Johnston was appointed by Resolution No. 15-1098 to Seat 2 of the Meridian Historic Preservation Commission on November 4, 2015 with a term to expire in October of 2018; and WHEREAS, Seat 7 of the Meridian Historic Preset vation Commission is currently vacant; and 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 reappointments of Jacy Jones and Blaine Johnston and to approve the appointment of Jody Ault to the Meridian Historic Preservation Commission 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, Jody Ault shall be appointed to Seat 7, Jacy Jones shall be reappointed to Seat 3, and Blaine Johnston be reappointed to Seat 2 of the Meridian Historic Preservation Commission, which terms shall expire October 31, 2021. 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 I (o day of October, 2018. APPROVED by the Mayor of the City APPROVED: RESOLUTION APPOINTING AULT AND REAPPOINTING COMMISSION an, Idaho, this L- day of October, 2018. City Council Meeting Meeting Date: Agenda Item Number: 9 C Project File Number: October 16, 2018 Item Title: Approval of Park Identity Public Art Project Requests for Proposals to be issued. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Hillary Blackstone Estimated Time f or P resentation: 5 Title of I tem - Approval of P ar k Identity P ublic Art P roject Request for P roposals to be Issued MA C and MP R C wo uld like to team up to tackle ano ther park identity p ublic art p ro jec t. T his time around, we'd like to seek proposals fo r two s eparate s ites : C hamp io n P ark (N. Meridian) and R enais s ance P ark (S . Meridian). Hillary is p res enting these R F P s to C ity C ounc il in order to get their cons ent to initiate thes e two p ro jects . MA C and MP R C will wo rk collab o ratively with s taff to b ring rec o mmended propos als fro m these calls to C ity C ounc il in January 2019. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate R F P Renaissance E xhibit 10/12/2018 R F P Champion E xhibit 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 10/12/2018 - 2:41 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 287 of 419 Request for Proposals – Renaissance Park Identity Public Art Project Page 1 of 2 Call to Artists – Request for Proposals: Park Identity at Renaissance Park PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Parks & Recreation Commission (MPRC) invite artists on the Park Identities Public Art Roster to prepare proposals for public art projects that create and/or enhance the overall park identity at Renaissance Park. The objective of the project is to create a theming element, or elements, that strengthen the park name and give the park a true identity and sense of place. This Request for Proposals (RFP) is being released at the same time as another park identity RFP for Champion Park. Artists may prepare proposals for one or both parks. Panelists are interested in seeing proposals that can be functional pieces in the park and/or that are highly visible to both park users and passersby. SITE DESCRIPTION: Renaissance Park is a neighborhood park in south Meridian at 4155 S. Genoard Avenue. The overall theme should be oriented toward the Renaissance era in some way. A pre-proposal conference will allow proposers to ask Parks staff specific questions and elaborate on context provided. Notes from the pre-proposal conference will be sent to those who intend to propose, in case they cannot attend the conference. ELIGIBILITY: This project is open to artists on the Park Identities Public Art Roster. BUDGET: A budgeted amount of $40,000 total is available for the completed project; this includes the selected artist’s commission, all costs including engineering, materials, fabrication, permitting, contingencies and installation of the artwork. A stipend of $500 will be paid to artists to develop and submit proposals, including all materials, time, and all other expenses to produce maquettes. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. Any information submitted is subject to release to the public as required by Idaho Public Records Law. 1. Call to Artists (RFP) issued October 17, 2018. 2. Pre-proposal conference. Thursday, November 1 @ 4:00 PM on site, by the Renaissance Park shelter at 4155 S. Genoard Avenue. 3. Notice of Intent to Propose due Monday, November 5 @ 12:00 PM. Submit a letter of intent, signed agreement to produce a proposal and presentation, and current W-9 (unless if you’ve already been set up in our payment system). Stipends for proposals will be submitted after presentations are delivered. 4. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Monday, January 7, 2019, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to mac@meridiancity.org: a. A summary of the respondent’s experience with similar projects b. Project proposal, including digital images (.jpg format) or drawings of the proposed conceptual designs or projects to be considered, and related maquettes. c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc. Meridian City Council Meeting Agenda October 16, 2018 – Page 288 of 419 Request for Proposals – Renaissance Park Identity Public Art Project Page 2 of 2 d. Detailed project timeline, project budget with itemized costs, and schedule of work. 5. Presentations. On Wednesday, January 9, 2019, participating artists will present their proposals and maquettes in front of the selection committee at a public meeting. Each artist will have about 10 minutes to present, followed by brief Q & A. Presentations will be for both this RFP for Champion Park and for the RFP for Renaissance Park. This presentation is scheduled to take place at 3:00 PM at Meridian City Hall. (Please let us know if this date and time cannot work for you.) 6. Selection Criteria. Eligibility and finalist selection criteria will include: a. Adherence to the RFP; (10 points) b. Appropriateness of scale, design, material, durability, safety, and maintenance for project site; (20 points) c. Project proposal – demonstrated understanding of project objectives, ability to create artwork that addresses the context of its placement; and ability to meet or exceed the objectives; (30 points) d. Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be provided (the nature, quality, and relevance of similar completed work, including subcontractors, may include feedback from professional references; and (20 points) e. Consistency with City policy and community values; (20 points) 7. Evaluation of proposals; artist selected. The selection committee may recommend selection of one proposed project, recommend that the RFP be reopened, or reject all proposals. Evaluation criteria will include the criteria set forth above, as well as any public input submitted during the evaluation of the proposals. MAC and MPRC will forward their recommendation to Meridian City Council for consideration. The selected proposer and others not selected will be notified of City Council’s decision via e-mail by Wednesday, January 23, 2019. 8. Agreement; award. Following selection and negotiation and execution of a written task order with the City, the selected proposer will be awarded the project upon City Council’s approval. 9. Selected proposal installed. The awarded Artist will fabricate and install the artwork, in accordance with a written task order agreement with the City, and within the project’s final budget and timeline. ESTIMATED TIMELINE: □ October 17, 2018 Call to Artists (RFP) issued □ November 5, 2018 Deadline for Intent to propose □ January 7, 2019 Deadline for completed proposals □ January 9, 2019 Presentations, committee evaluation, recommendation determined □ By January 22, 2019 MAC and MPRC co-present recommendation to City Council □ January 23, 2019 Selected and not selected artists notified □ By February 13, 2019 Deadline for selected artist’s signed task order with City □ By February 19, 2019 Task order executed by City Council □ By February 20, 2019 Consultation with Parks & Recreation begins □ Spring 2019 Fabrication begins □ Per Task Order Installation Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0399) with any questions. Thank you for your interest! Meridian City Council Meeting Agenda October 16, 2018 – Page 289 of 419 Request for Proposals – Champion Park Identity Public Art Project Page 1 of 2 Call to Artists – Request for Proposals: Park Identity at Champion Park PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Parks & Recreation Commission (MPRC) invite artists on the Park Identities Public Art Roster to prepare proposals for public art projects that create and/or enhance the overall park identity at Champion Park. The objective of the project is to create a theming element, or elements, that strengthen the park name and give the park a true identity and sense of place. This Request for Proposals (RFP) is being released at the same time as another park identity RFP for Renaissance Park. Artists may prepare proposals for one or both parks. Panelists are interested in seeing proposals that can be functional pieces in the park and/or that are highly visible to both park users and passersby. SITE DESCRIPTION: Champion Park is a neighborhood park in northwest Meridian at 3430 N. Troxell Way. Roads in the adjacent neighborhood are named after local coaches. The overall theme should be sports-oriented. A pre-proposal conference will allow proposers to ask Parks staff specific questions and elaborate on context provided. Notes from the pre-proposal conference will be sent to those who intend to propose, in case they cannot attend the conference. ELIGIBILITY: This project is open to artists on the Park Identities Public Art Roster. BUDGET: A budgeted amount of $40,000 total is available for the completed project; this includes the selected artist’s commission, all costs including engineering, materials, fabrication, permitting, contingencies and installation of the artwork. A stipend of $500 will be paid to artists to develop and submit proposals, including all materials, time, and all other expenses to produce maquettes. PROCESS: The evaluation and selection process will generally occur as follows; dates are subject to change as may be necessary due to scheduling issues or other circumstances. Any information submitted is subject to release to the public as required by Idaho Public Records Law. 1. Call to Artists (RFP) issued October 17, 2018. 2. Pre-proposal conference. Thursday, November 1 @ 3:00 PM on site, by the Champion Park shelter at 3430 N. Troxell Way. 3. Notice of Intent to Propose due Monday, November 5 @ 12:00 PM. Submit a letter of intent, signed agreement to produce a proposal and presentation, and current W-9 (unless if you’ve already been set up in our payment system). Stipends for proposals will be submitted after presentations are delivered. 4. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Monday, January 7, 2019, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to mac@meridiancity.org: a. A summary of the respondent’s experience with similar projects b. Project proposal, including digital images (.jpg format) or drawings of the proposed conceptual designs or projects to be considered; additionally, maquettes are strongly recommended Meridian City Council Meeting Agenda October 16, 2018 – Page 290 of 419 Request for Proposals – Champion Park Identity Public Art Project Page 2 of 2 c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc. d. Detailed project timeline, project budget with itemized costs, and schedule of work. 5. Presentations. On Wednesday, January 9, 2019, participating artists will present their proposals and maquettes in front of the selection committee at a public meeting. Each artist will have about 10 minutes to present, followed by brief Q & A. Presentations will be for both this RFP for Champion park and for the RFP for Renaissance Park. This presentation is scheduled to take place at 3:00 PM at Meridian City Hall. (Please let us know if this date and time cannot work for you.) 6. Selection Criteria. Eligibility and finalist selection criteria will include: a. Adherence to the RFP; (10 points) b. Appropriateness of scale, design, material, durability, safety, and maintenance for project site; (20 points) c. Project proposal – demonstrated understanding of project objectives, ability to create artwork that addresses the context of its placement; and ability to meet or exceed the objectives; (30 points) d. Past work experience and references on a similar type project and the demonstrated competence in the performance of the type of work to be provided (the nature, quality, and relevance of similar completed work, including subcontractors, may include feedback from professional references; and (20 points) e. Consistency with City policy and community values; (20 points) 7. Evaluation of proposals; artist selected. The selection committee may recommend selection of one proposed project, recommend that the RFP be reopened, or reject all proposals. Evaluation criteria will include the criteria set forth above, as well as any public input submitted during the evaluation of the proposals. MAC and MPRC will forward their recommendation to Meridian City Council for consideration. The selected proposer and others not selected will be notified of City Council’s decision via e-mail by Wednesday, January 23, 2019. 8. Agreement; award. Following selection and negotiation and execution of a written task order with the City, the selected proposer will be awarded the project upon City Council’s approval. 9. Selected proposal installed. The awarded Artist will fabricate and install the artwork, in accordance with a written task order agreement with the City, and within the project’s final budget and timeline. ESTIMATED TIMELINE: □ October 17, 2018 Call to Artists (RFP) issued □ November 5, 2018 Deadline for Intent to propose □ January 7, 2019 Deadline for completed proposals □ January 9, 2019 Presentations, committee evaluation, recommendation determined □ By January 22, 2019 MAC and MPRC co-present recommendation to City Council □ January 23, 2019 Selected and not selected artists notified □ By February 13, 2019 Deadline for selected artist’s signed task order with City □ By February 19, 2019 Task order executed by City Council □ By February 20, 2019 Consultation with Parks & Recreation begins □ Spring 2019 Fabrication begins □ Per Task Order Installation Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0399) with any questions. Thank you for your interest! Meridian City Council Meeting Agenda October 16, 2018 – Page 291 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 D Project File Number: H-2018-0023 Item Title: Meeting Notes: Request for Reconsideration for Tanner Creek Subdivision Tanner Creek Subdivision (H-2018-0023) by Schultz Development, Located at 505, 521, 615 and 675 W. Waltman Ln. (� ,,d FFA -�D Arne -lid F fy I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Estimated Time f or P resentation: Title of I tem - Request for Reconsideration for Tanner C reek S ubdivision (H-2018-0023) by Schultz Development, L ocated at 505, 521, 615 and 675 W. Waltman L n. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Request B ackup Material 10/5/2018 F indings Findings/Orders 10/5/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 10/8/2018 - 9:56 A M Meridian City Council Meeting Agenda October 16, 2018 – Page 292 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 293 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0023 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification to Accommodate the Proposed Residential Development Plan; Amendment to the Future Land Use Map in the Comprehensive Plan to Change the Land Use Designation on 39.25 Acres of Land from Commercial to Medium High Density Residential; Rezone of 38.48 Acres of Land from the C-G to the R-15 (West 22.59 Acres) and R-40 (East 15.89 Acres) Zoning Districts; Preliminary Plat Consisting of 141 Building Lots and 18 Common Lots on 37.87 Acres of Land for Tanner Creek Subdivision; and Conditional Use Permit for a Multi-Family Development Consisting of 272 Dwelling Units in the R-40 Zoning District, by Schultz Development. Case No(s). H-2018-0023 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. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 4. 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. 5. That the City has granted an order of denial 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 October 16, 2018 – Page 294 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0023 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a development agreement modification, comprehensive plan map amendment, rezone, preliminary plat and conditional use permit is hereby denied per the Findings of Fact and Conclusions of Law included in the Staff Report for the hearing date of August 21, 2018, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of August 21, 2018 Meridian City Council Meeting Agenda October 16, 2018 – Page 295 of 419 By action of the City Council at its regular meeting held on the 2018. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM f f day of 4 0 6 e+ - VOTED -VOTED yet VOTED \P"I VOTED VOTED VOTED "-tl VOTED MAYOR TAMMY de WEERD VOTED PTO DDU ATTLUI Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. BY: City Clerk's Office Dated: CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0023 -3- MAYOR 3 - Meridian City Council Meeting Agenda October 16, 2018 – Page 296 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) 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: Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Schultz Development, has submitted an application for the following: Replacement of the existing Development Agreement (MDA) with a new agreement to accommodate the proposed residential development plan; Amendment to the Future Land Use Map contained in the Comprehensive Plan (CPAM) to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential; Rezone (RZ) of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 east 15.89 acres) zoning districts; Preliminary Plat (PP) consisting of 141 building lots and 18 common area lots on 37.87 acres of land; and, Conditional Use Permit (CUP) for a multi-family development consisting of 272 dwelling units in the R-40 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA, CPAM, RZ, PP, CUP applications with the conditions of approval noted in Exhibit B per the Findings of Fact and Conclusions of Law in Exhibit D. Note: The MDA request does not require action from the Commission; City Council is the decision making body. 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 CPAM, RZ, PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Matt Schultz (Applicant’s Representative) ii. In opposition: Clair Manning iii. Commenting: Bill Kissinger, Joe Lorcher, Michael Swenson, Geronimo Martinez, Steven Cooper iv. Written testimony: Bill Kissinger, Casper Larsen, Jerry P. (via Next Door), v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: EXHIBIT A Meridian City Council Meeting Agenda October 16, 2018 – Page 297 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 2 i. Concern regarding increase in traffic from proposed development and extension of Ruddy Drive from the west boundary – improvements (i.e. curb, gutter, sidewalks and designated bicycle lanes) to Waltman Lane needed prior to construction; ii. Opposition of more multi-family development in Meridian when schools and infrastructure may be inadequate to deal with current population; iii. Proposed density is too high – preference of single-family homes rather than apartments; iv. Concern regarding sufficiency of parking proposed for the multi-family development; vi. Impact of proposed development on existing area residents. c. Key Issues of Discussion by Commission: i. Phasing/timing of the street buffer landscaping along I-84; ii. Concern regarding long-term maintenance of the street buffer landscaping along I-84; iii. Improvements to Waltman Lane associated with the proposed development and extension of Corporate Drive; iv. Concern pertaining to loss of commercial uses on this property. d. Commission Change(s) to Staff Recommendation: i. Modification to DA provision #1.1.j and condition #1.2.3 to allow the street buffer along I-84 to be constructed with the third phase of development as requested by the Applicant instead of with the first phase; ii. Modification to DA provision #1.1c to remove the single-family residential lots adjacent to I-84 from the requirement to provide articulation on the elevations facing I-84; iii. Include a new DA provision that restricts single-family homes adjacent to I-84 to a single-story in height as proposed by the Applicant (#1.1.m). 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 denied the subject MDA, CPAM, RZ, PP and CUP requests. a. Summary of City Council Public Hearing: i. In favor: Matt Schultz (Applicant’s Representative) ii. In opposition: Clair Manning, Nick Eller, Adam Hegstrom, Mike Swenson, Nancy Swenson, Steve Cooper, Steven Brandt, Joe Lorcher, Ed Haddock, iii. Commenting: Nona Haddock iv. Written testimony: Donna Aldrich v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Tracy Basterrechea b. Key issue(s) of Public Testimony: i. Concern pertaining to traffic impact on existing roadways in the area; ii. Request from Clair Manning for the developer to construct a privacy fence along the side of his property as a shield to the traffic generated from the proposed development and re-route the irrigation; iii. Opinion that the proposed density is too high for this area and existing infrastructure can’t support it; iv. Concern that when Ruddy Dr. is extended from the west to Waltman Ln. it’s going to create a thoroughfare for traffic traveling to the I-84 on-ramp to the east from the residential development to the west, east of Linder Rd. v. Safety concerns for children walking and riding their bicycles to school with the high traffic volumes associated with the proposed development; c. Key Issues of Discussion by Council: i. Ownership and maintenance of the individual apartment buildings; Meridian City Council Meeting Agenda October 16, 2018 – Page 298 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 3 ii. Desire for the applicant to participate in the Comprehensive Plan update that’s currently in process, rather than requesting an amendment to the FLUM outside of that process; iii. Desire for commercial employment uses rather than residential on this property; iv. Concern related to impact on area schools, proposed density and traffic (i.e. resulting safety hazards); v. Feeling that the timing isn’t right for development of this property; vi. Preference for commercial/office/employment type uses to develop on this property rather than residential. d. Key Council Changes to Staff/Commission Recommendation i. Council voted to deny the application based on the concerns noted above and the finding that the proposed amendment to the FLUM is not in the best interest of the City see Findings in Exhibit D). III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018- 0023, 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-2018-0023, 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-2018-0023 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 505, 521, 615, 675, W. Waltman Lane, in the SE ¼ of Section 13, Township 3N., Range 1W. Parcel No.’s: S1213428020, S1213428050, S1213427872, S1213427880, S1213427890, S1213427840, S1213428010, S1213428301, S1213427860 B. Owner(s): Bling LLC and Go for It, LLC 16130 N. Elder St. Nampa, ID 83687 C. Applicant: Meridian City Council Meeting Agenda October 16, 2018 – Page 299 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 4 Schultz Development PO Box 1115 Meridian, ID 83680 D. Representative: Matt Schultz, Schultz Development PO Box 1115 Meridian, Idaho 83680 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for an amendment to the Development Agreement, Comprehensive Plan Future Land Use Map Amendment, Rezone, Preliminary Plat and a Conditional Use Permit. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the amendment to the Development Agreement, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: June 29, 2018 (Commission); August 3, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: June 22, 2018 (Commission); July 26, 2018 (City Council) D. Applicant posted notice on site(s) on: July 9, 2018 (Commission); August 6, 2018 (City Council) E. Posted to Next Door: June 27, 2018 (Commission); July 31, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of mostly vacant/undeveloped land with a few old outbuildings, zoned C-G; the land is currently used for animal grazing. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: W. Waltman Ln. and rural residential properties, zoned R1 and RUT in Ada County East: Single-family residential properties, zoned C-G South: I-84; Mountain View Equipment, Wahooz and Roaring Springs, zoned C2 in Ada County and C-G respectively West: Single-family residential properties in The Landing Subdivision, zoned R-4 C. History of Previous Actions: This property was annexed in 2006 (AZ-06-063, Waltman Property) with the requirement of a Development Agreement, recorded as Instrument No. 108131100. In 2008, a preliminary plat (PP-08-001) was approved for Browning Plaza subdivision; several time extensions were approved (TE-10-028; TEC-12-008; TEC-14-005; H- 2016-0008) but the plat expired on April 7, 2018. D. Utilities: 1. Public Works: a. Location of sewer: The sanitary sewer mainline intended to provide service to the subject site currently exists in W. Waltman Lane, and along the east boundary adjacent to Ten Mile Creek. b. Location of water: Water mains intended to provide service to the subject site currently exist in W. Waltman Lane, and in N. Ten Mile Road and in W. Ruddy Drive. Meridian City Council Meeting Agenda October 16, 2018 – Page 300 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 5 c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Creek runs along the east boundary of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property except possibly the creek which may present a hazard to young children. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS CURRENT LAND USE DESIGNATION(S): This site is designated Commercial on the Future Land Use Map contained in the Comprehensive Plan. The purpose of the Commercial designation is to provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi - family residential, as well as appropriate public uses such as government offices. PROPOSED LAND USE DESIGNATION: The applicant proposes to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential (MHDR) for this site. The purpose of the MHDR designation is to allow for the development of a mix of relatively dense residential housing types including townhouses, condominiums and apartments. Residential gross densities should range from 8 to 15 units per acre, with a target density of 12 units per acre. These are relatively compact areas within the context of larger neighborhoods and are typically located around or near mixed use commercial or employment areas to provide convenient access to services and jobs for residents. Developments need to incorporate high quality architectural design and materials and thoughtful site design to ensure quality of place and should also incorporate connectivity with adjacent uses and area pathways, attractive landscaping and individual project identity. PROPOSED DEVELOPMENT: The applicant proposes to develop a mix of single-family detached, townhome and multi-family (i.e. apartments) dwellings on the site at an overall gross density of 10.53 units per acre consistent with the density desired in the requested MHDR FLUM designation. Although single-family detached dwellings aren’t specifically listed as a type of use desired in the MHDR designation, staff finds the transition in uses to existing single-family detached units to the west and mix of uses that achieve the overall desired density appropriate in this case. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) A variety of residential categories are proposed in this development consisting of single- family detached homes, townhomes and apartments. Staff is unaware how “affordable” the units will be. Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) Meridian City Council Meeting Agenda October 16, 2018 – Page 301 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 6 The proposed single-family and multi-family units will provide diversity in housing types in this area of the City; staff is unaware if the units will be owner-occupied or rentals. Require open space areas within all development.” (6.01.01A) The proposed development is required to provide common open space in accord with the standards listed in UDC 11-3G-3 for residential districts; and 11-4-3-27C for multi-family developments. (See Analysis below in Section IX for more information). Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City sewer and water services are available to be extended to the subject property with development of the site. Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02, pg. 55) The proposed development abuts I-84, a major access thoroughfare and an interchanges is located nearby for easy access. The Ten Mile Creek runs along the east boundary of this site which is planned for an open space corridor containing a multi-use pathway. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are some existing rural residential properties across W. Waltman Ln. to the north and abutting residential properties to the west in The Landing Subdivision. The UDC and Comprehensive Plan deem residential uses to be compatible with other residential uses regardless of density. Support land uses that do not harm natural systems and resources.” (3.06.01H) The Ten Mile Creek runs along the east boundary of this site and will serve as an amenity next the multi-use pathway planned to be constructed with this development. The proposed development should not harm any natural systems or resources. 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) Pedestrian walkways are proposed through the site to the multi-use pathway along the east boundary of the site. The multi-use pathway should promote neighborhood connectivity as part of the community pathway system. Identify transitional areas to buffer commercial and residential uses, to allow uses such as offices and other low intensity uses.” (3.05.03A) The proposed development will buffer the existing single-family residential uses to the west from the future commercial uses to the east and the multi-family development will provide a transition between single-family detached residences and future commercial uses. Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) Comments have been received on this application from ACHD, ITD, and WASD and are included in Exhibit B of the staff report. Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) Meridian City Council Meeting Agenda October 16, 2018 – Page 302 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 7 A Valley Regional Transit bus stop is located 0.9 of a mile from this site at E. 2nd St. and E. Broadway Ave. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). B. Schedule of Use: 1. UDC Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed is prohibited. 2. UDC Table 11-2A-8 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-40 zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district; and UDC Table 11-2A-8 for the R-40 zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C and within common open space areas in accord with UDC 11-3G-3E.2. E. Off-Street Parking: See UDC Table 11-3C-6 for off-street parking requirements for single-family and multi-family dwellings. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Development Agreement Modification (MDA): The applicant proposes to replace the existing Development Agreement (Inst. #108131100) with a new agreement to accommodate the proposed residential development plan. The provisions of the existing DA are included in Exhibit A.9. The existing DA, recorded in 2008, is for a 400,000 square foot commercial development consisting of professional offices, a hotel, big box retail store and smaller retail spaces distributed among 21 separate buildings that was previously planned to develop on this site. Since many of these provisions do not apply to the proposed residential development, the applicant wishes to replace the agreement with a new DA based on the proposed development plan. Staff has reviewed the provisions in the existing DA and is recommending the provisions that are still applicable from this agreement are carried over into the new DA as follows: 1) requirement for Corporate Drive to be extended across the Ten Mile Creek from the north to Waltman Lane with the first phase of development; 2) improvement of Waltman Lane adjacent to the site as required by ACHD; 3) extension of Ruddy Drive at the west boundary to Waltman Lane; 4) protection and enhancement of any existing vegetation and trees along the Ten Mile Creek; 5) construction of the street buffers along Waltman Lane and I-84 with the first phase of development; and, 6) construction of a multi-use pathway along the Ten Mile Creek. Meridian City Council Meeting Agenda October 16, 2018 – Page 303 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 8 B. Comprehensive Plan Map Amendment (CPAM): An amendment to the Future Land Use Map contained in the Comprehensive Plan is proposed to change the land use designation on 39.25 acres of land from Commercial to Medium High Density Residential (see Exhibit A.2). The applicant’s narrative states that because the site is located between ¼ and ½ mile west of S. Meridian Rd, a principal arterial street, on a local street (i.e. W. Waltman Ln.), commercial development is not viable. Therefore, the applicant requests an amendment to the FLUM in order to develop residential uses on the site. There are two (2) parcels located at 737 and 755 W. Waltman Ln. in Ada County that are included in the CPAM request that are not part of the proposed development plan. Staff requested the applicant include these parcels as leaving the two properties with a Commercial designation would not be compatible with existing abutting residential uses and future residential development if the proposed CPAM is approved. The applicant sent letters to those property owners (Geronimo Martinez – 737 W. Waltman Ln.; and Steven Cooper – 755 W. Waltman Ln.) notifying them of the intent to include their properties in this application and included a request for them to indicate their preference of maintaining the current Commercial designation or agreement with the amendment to MHDR but received no response. Approval of the requested FLUM amendment and proposed single-family detached, townhomes and multi-family housing would provide a transition in uses and zoning between the single-family detached) residential subdivision zoned R-4 to the west and the Commercial designated property zoned C-G to the east. Additionally, the Ten Mile Creek will provide a natural 100-foot wide transition and buffer area along the east boundary of the site between the proposed residential and future commercial development. C. Rezone (RZ): A rezone of 38.48 acres of land from the C-G to the R-15 (west 22.59 acres) and R-40 (east 15.89 acres) zoning districts is proposed consistent with the proposed CPAM designation of MHDR. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. Site Plan: The applicant has submitted a site plan, included in Exhibit A.3, which depicts single- family detached dwellings along the perimeter boundary of the single-family portion of the site with townhomes internal to the development; and multi-family on the eastern portion of the site. A large central common area is proposed within the single -family portion of the site. Amenities for the multi-family development are separate from that of the single-family development. Conceptual Building Elevations: Conceptual building elevations (photos and renderings) were submitted that depict the general style of development proposed for the single-family detached, townhomes, multi-family and clubhouse structures as shown in Exhibit A.7. All structures, except single-family residential detached homes, are required to comply with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual. To ensure compliance, a Design Review application is required to be submitted to the Planning Division and approved prior to application for building permits. Additionally, because the rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 are highly visible, these elevations should incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or Meridian City Council Meeting Agenda October 16, 2018 – Page 304 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 9 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. A Certificate of Zoning Compliance (CZC) application is required to be submitted and approved for all new uses on the site, except for single-family residential detached homes to ensure the use and site design is consistent with UDC standards. The Design Review application may be submitted concurrently with the CZC application. The City may require a development agreement (DA) in conjunction with a rezone pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the rezone containing the provisions included in Exhibit B. Further, staff recommends the existing DA is replaced with a new DA containing the aforementioned provisions as discussed above in Section A. D. Preliminary Plat (PP): The applicant proposes a preliminary plat consisting of 141 building lots (consisting of 126 single-family and 15 multi-family lots) and 18 common area lots on 37.87 acres of land. A phasing plan was also submitted that proposes 4 phases of development (see Exhibit A.4). Existing Structures: There are few old outbuildings on this site that will need to be removed prior to City Engineer signature on the final plat. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district and 11- 2A-8 for the R-40 zoning district. Staff has reviewed the proposed plat and finds that all of the proposed lots comply with the minimum standards. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3. Two accesses are proposed for the site via W. Waltman Lane; one for the single-family portion and one for the multi-family portion. An existing stub street (i.e. W. Ruddy Drive) at the west boundary of the site is proposed to be extended to Waltman Lane with development. A stub street is proposed to the out-parcel at the northwest corner of the site for future access; a concept plan has been submitted, included in Exhibit A.8, that depicts how those two properties could redevelop in the future. Alleys: Alleys are required to be constructed in accord with the standards listed in UDC 11 -6C- 3B.5. Common Driveways: Common driveways are required to be constructed in accord with UDC 11-6C-3D. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures; driveways for lots that abut the common driveway but are not taking access from the driveway should be depicted on the opposite side of the shared property line away from the common driveway. Private Streets: At the request of the Fire Dept. and Police Dept., minimum 26-foot wide private streets should be provided in the multi-family portion of the development for addressing purposes and shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street application is required to be submitted with the final plat application. Traffic Impact Study (TIS): A TIS was prepared for this development by Thompson Engineers, Inc. and submitted to ACHD for review with this application. The TIS notes that all study Meridian City Council Meeting Agenda October 16, 2018 – Page 305 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 10 roadways and intersections are anticipated to operate at an acceptable level of service at build-out of the development in 2022. Street Improvements: Abutting the site, Waltman Lane is required to be improved as ½ of a 36- foot wide collector street section, plus 12 feet of additional pavement for a total of 30 feet with curb, gutter, sidewalk and a gravel shoulder. Improvements to Waltman Lane will require the reconstruction of the existing bridge over the Ten Mile Creek which will be the responsibility of ACHD; the Applicant will enter into a Cooperative Development Agreement with ACHD to ensure the bridge is constructed when necessary and to allocate costs. The applicant proposes as part of this application to enter into a Cooperative Development Agreement with ACHD to construct the extension of Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Waltman Lane. This will take place as part of the first phase of development (54 building lots) and will provide additional access to the site and the area and provide for access while the Ten Mile Creek bridge on Waltman Lane is reconstructed. Landscaping: Landscaping is required to be provided within the development in accord with the standards listed in UDC 11-3B and 11-3G-3E. Street buffers are required to be provided along all streets as set forth in UDC Table 11-2B-3 and landscaped per the standards listed in UDC 11-3B-7C. A 20-foot wide street buffer is required along W. Waltman Ln., anticipated to be reclassified from a local to a collector street; and a 50- foot wide street buffer is required along I-84, an interstate. Staff recommends the entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall, along I-84 shall be constructed with the first phase of development. Parking lot landscaping will be required within the multi-family portion of the site in accord with the standards listed in UDC 11-3B-8C. Pathway landscaping is required in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway along the Ten Mile Creek. Open Space & Site Amenities: Qualified open space and site amenities are required to be provided in residential districts per the standards listed in UDC 11-3G-3. In addition to these requirements, common open space and site amenities are required in the multi-family portion of the development (see Section E below). A minimum of 10% (or 3.79 acres) qualified open space and 2 site amenities are required for the overall development based on the standards listed in UDC 11-3G-3A. A total of 6.87 acres of open space and 8 site amenities are proposed in accord with this requirement. Site amenities for the overall development consist of a clubhouse, swimming pool, 2 playground areas, park area, pergola shade structure fire pit, a 10-foot wide multi-use pathway along the Ten Mile Creek and a pedestrian bridge over the creek to connectivity to the east. Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for single-family dwellings. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Because the street classification of W. Waltman Lane is changing from a local to a collector street with this development, a minimum 5-foot wide detached sidewalk is required to be constructed along Waltman. Pathways: The Pathways Master Plan depicts a segment of the City’s multi-use pathway system along the east boundary of this site adjacent to the Ten Mile Creek. The applicant proposes to construct a 10-foot wide pathway in accord with the Plan. The pathway is required to be placed Meridian City Council Meeting Agenda October 16, 2018 – Page 306 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 11 within a public use easement. Staff recommends the pathway is constructed in its entirety with the 2nd phase of development. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager 208-888-3579), regarding specifications for the pathway and the public use easement; the easement should be submitted to the Planning Division prior to signature on the final plat by the City Engineer. Waterways: The Ten Mile Creek runs along the east boundary and crosses the northeast corner of this site. There are no other major waterways that cross this site. All ditches that cross this site should be piped as set forth in UDC 11-3A-6 with the exception of the creek which is a natural waterway and shall remain open and be protected during development. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as follows: a 4-foot tall Simtek granite wall along I-84; a 6-foot tall open vision wrought iron fence adjacent to micro-paths and the pathway along the east boundary of the site; and a 6-foot tall vinyl fence to separate single-family building lots from adjacent common areas that are visible from a public street. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City’s adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. The Applicant’s narrative states there is an existing 15 inch sewer main along the east half of the Waltman Lane frontage and along the west top of bank of the Ten Mile Creek through the site. The 8 inch sewer main connection will be in Waltman Lane and will service the entire site via gravity sewer with adequate cover. An existing 12 inch water main is located in Waltman Lane along the full frontage of the site. This development will connect in Waltman at two locations and also to the existing 8” stub located in W. Ruddy Drive at the west boundary from The Landing Subdivision. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by Nampa Meridian Irrigation district. A regional pressure irrigation pump station with a Ten Mile Creek takeout is proposed to be constructed to NMID standards at the northeast corner of the site near Waltman Lane. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. The Applicant proposes underground seepage beds and/or retention ponds in accord with ACHD design criteria to be determined during the final plat and development plan process. Noise Abatement: This site is located along the north boundary of Interstate 84. Noise abatement is required to be provided for residential uses abutting Interstate 84 in accord with the standards listed in UDC 11-3H-4D, which require a berm or a berm and wall combination to be constructed parallel to the interstate a minimum of 10’ higher than the elevation at the centerline of the interstate. A 9-foot tall berm and 4-foot all Simtek granite wall is proposed as noise abatement along I-84 (see cross-section in Exhibit A.5 and wall detail in Exhibit A.6). E. Conditional Use Permit (CUP): A Conditional Use Permit is requested for a multi-family development consisting of 272 dwelling units in 14 structures on 15.89 acres of land in the R-40 zoning district in accord with UDC Table Meridian City Council Meeting Agenda October 16, 2018 – Page 307 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 12 11-2A-2. The units will be housed in a mix of 8-, 16- and 24-plex 2- and 3-story structures ranging in size from 779 to 1,258 square feet. A mix of 1-bedroom (70), 2-bedroom (136) and 3- bedroom (66) units are proposed. Specific Use Standards: The specific use standards listed in UDC 11-4-3-27 for multi-family developments apply to the proposed use as follows: A minimum of 80 square feet (s.f.) of private useable open space is required to be provided for each unit. The site plan submitted with this application depicts a minimum of 80 s.f. of private usable open space for each unit consisting of a patio or deck (see Exhibit A.3). The floor plans submitted with the Certificate of Zoning Compliance application should clearly depict compliance with this requirement. Developments with 20 units or more shall provide a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory and map of the development at an entrance or convenient location for those entering the development. The site plan submitted with the Certificate of Zoning Compliance application should include these items. A minimum of 250 square feet of common area is required for each unit containing more than 500 and up to 1,200 square feet; and a minimum of 350 square feet of common open space is required for each unit containing more than 1,200 square feet of living area. Two hundred and six (206) of the units are between 500 and 1,200 square feet (s.f.); and 66 of the units are over 1,200 s.f.; therefore, a minimum of 74,600 s.f. (or 1.71 of an acre) of common open space is required consistent with the standards listed in UDC 11-4-3-27C. A total of 162,734 s.f. (or 3.74 acres) is proposed in accord with this requirement. (Note: the open space exhibit included in Exhibit A.6 does not include the 66 units that are over 1,200 s.f. – the exhibit should be revised prior to the Council meeting.) For multi-family developments with 75 units or more, 4 site amenities are required to be provided with at least one from each category listed in UDC 11-4-3-27D. For developments with more than 100 units, the decision making body shall require additional amenities commensurate to the size of the proposed development. The applicant proposes a clubhouse, swimming pool, pergola shade structure, fire pit, a segment of the City’s multi-use pathway system along the Ten Mile Creek and a bridge over the Ten Mile Creek providing pedestrian access to the east as amenities for the multi-family development. These amenities fall within the quality of life and recreation categories; another amenity should be provided that falls within the open space category or widen the existing central common area to a minimum of 50 feet to comply with the minimum dimensions of 50’ x 100’ in size. Landscaping is required to comply with UDC 11-4-3-27-F. All street facing elevations shall have landscaping along their foundation as follows: the landscaped area shall be at least 3-feet wide and have an evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. The landscape plan submitted with the Certificate of Zoning Compliance application should demonstrate compliance with this requirement. Meridian City Council Meeting Agenda October 16, 2018 – Page 308 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 13 The development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. The applicant should comply with this requirement and submit a recorded copy of the agreement to the Planning Division prior to issuance of Certificate of Occupancy. A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. The preliminary plat should be revised to include building footprints to ensure compliance with setback requirements. Note: A minimum of 20 feet separation between buildings is required per Building Code unless a reduction is approved through the Building Department. All on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults shall be located in areas not visible from a public street, or shall be fully screened from view from a public street. The applicant should comply with this requirement. Parking: Parking is required to be provided in accord with the standards listed in UDC Table 11- 3C-6 for multi-family dwellings. Based on (70) 1-bedroom units, (136), 2-bedroom units, and (66) 3-bedroom units, a minimum of 509 spaces are required with 272 of those being in a covered carport or garage. A total of 537 spaces are proposed with 272 of those being carport spaces in accord with UDC standards; a total of 28 spaces are provided above the minimum requirements. Management & Maintenance: Because the multi-family development is proposed to be subdivided (2 structures to each lot), staff is concerned that the overall property may not be consistently managed and maintained. Therefore, staff recommends a provision is added to the DA that requires the entire development to be managed and maintained by the same company. Elevations: Conceptual building elevations were submitted that depict the general style of development proposed for the multi-family and clubhouse structures as shown in Exhibit A.7. Compliance with the design standards listed in UDC 11-3A-19 and in the Architectural Standards Manual is required for these structures. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted and approved prior to submittal of a building permit application for any buildings within the multi-family development. Staff recommends approval of the subject applications based on the Analysis above in Sections VII and IX, per the Findings in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Existing & Proposed Future Land Use Map 3. Site Plan (dated: 3/2/2018) 4. Preliminary Plat & Phasing Plan (dated: 4/18/2018) Meridian City Council Meeting Agenda October 16, 2018 – Page 309 of 419 Tanner Creek – MDA, CPAM, RZ, PP, CUP (H-2018-0023) PAGE 14 5. Landscape Plan (dated: 3/30/2018) 6. Open Space Exhibit & Site Amenity Details 7. Conceptual Building Elevations (Photos & Renderings) 8. Conceptual Development Plan for Property at Northwest Corner of Site 9. Existing Development Agreement Provisions B. Agency and Department Comments and Conditions C. Legal Description & Exhibit Map for Rezone Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda October 16, 2018 – Page 310 of 419 2 - A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Meridian City Council Meeting Agenda October 16, 2018 – Page 311 of 419 3 - Exhibit A.2: Existing & Proposed Future Land Use Map Meridian City Council Meeting Agenda October 16, 2018 – Page 312 of 419 4 - Exhibit A.3: Site Plan (dated: March 2, 2018) Meridian City Council Meeting Agenda October 16, 2018 – Page 313 of 419 5 - Meridian City Council Meeting Agenda October 16, 2018 – Page 314 of 419 6 - Meridian City Council Meeting Agenda October 16, 2018 – Page 315 of 419 7 - Exhibit A.4: Preliminary Plat (dated: 4/18/18) Meridian City Council Meeting Agenda October 16, 2018 – Page 316 of 419 8 - Meridian City Council Meeting Agenda October 16, 2018 – Page 317 of 419 9 - Exhibit A.5: Landscape Plan (dated: 3/30/2018) Meridian City Council Meeting Agenda October 16, 2018 – Page 318 of 419 10 - Meridian City Council Meeting Agenda October 16, 2018 – Page 319 of 419 11 - Meridian City Council Meeting Agenda October 16, 2018 – Page 320 of 419 12 - Meridian City Council Meeting Agenda October 16, 2018 – Page 321 of 419 13 - Meridian City Council Meeting Agenda October 16, 2018 – Page 322 of 419 14 - Exhibit A.6: Open Space Exhibit & Site Amenity Details – REVISED (dated: 7/19/18) Meridian City Council Meeting Agenda October 16, 2018 – Page 323 of 419 15 - Meridian City Council Meeting Agenda October 16, 2018 – Page 324 of 419 16 - Meridian City Council Meeting Agenda October 16, 2018 – Page 325 of 419 17 - Exhibit A.7: Conceptual Building Elevations (Photos & Renderings) Single-Family Detached Units: Meridian City Council Meeting Agenda October 16, 2018 – Page 326 of 419 18 - Meridian City Council Meeting Agenda October 16, 2018 – Page 327 of 419 19 - 4-Plex, 5-Plex and 6-Plex Style: Meridian City Council Meeting Agenda October 16, 2018 – Page 328 of 419 20 - Meridian City Council Meeting Agenda October 16, 2018 – Page 329 of 419 21 - Apartments (8 units – Building Type 3) (dated: February 8, 2018): Meridian City Council Meeting Agenda October 16, 2018 – Page 330 of 419 22 - Apartments (16 Units - Building Type 1) (dated: February 8, 2018): Apartments (24 Units - Building Type 2) (dated: February 8, 2018): Meridian City Council Meeting Agenda October 16, 2018 – Page 331 of 419 23 - Meridian City Council Meeting Agenda October 16, 2018 – Page 332 of 419 24 - Clubhouse (dated: February 5, 2018): Meridian City Council Meeting Agenda October 16, 2018 – Page 333 of 419 25 - Meridian City Council Meeting Agenda October 16, 2018 – Page 334 of 419 26 - Exhibit A.8: Conceptual Development Plan for Property at Northwest Corner of Site Meridian City Council Meeting Agenda October 16, 2018 – Page 335 of 419 27 - Exhibit A.9: Existing Development Agreement Provisions 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: 40 building lots and 2 common lots on 38.21 acres in the proposed C-G zoning district. The pertinent provisions of the City of Meridian Comprehensive Plan are applicable to this AZ 06-063 application. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. A phasing plan shall be submitted with phase 1 of the development. 2. The existing agricultural use (grazing of cattle) on the property will be allowed to continue after annexation into the City, until phase 1 of the development occurs. A maximum of 25 cows and 2 horses will be allowed to exist on the site at any time. 3. The applicant shall improve Waltman Lane adjacent to the site and off-site to the end of the split corridor improvements, per the half street sections attached in Exhibit A.6 of the staff report, prior to occupancy of any structure within the site. 4. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 5. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 6. The applicant shall be responsible for all costs associated with sewer and water service installation. 7. No building permits shall be issued or construction traffic allowed (except for infrastructure improvements such as sewer, water, & roads) on this site until: a. The construction related to the split corridor Waltman Lane/Meridian Road/Main Street intersection has commenced and the applicant has installed a gate with paved access to Ruddy for use by the Waltman residents. Such gate shall be installed prior to beginning any other construction on the site and shall be removed by the applicant prior to dedication and ACHD acceptances of the street connection to Ruddy Drive. This temporary secondary access shall be useable to Waltman residents at all times during the construction of the subject property. OR b. Corporate Drive is extended across the Ten Mile Creek and is connected to Waltman Lane. 8. Development on this site shall not exceed a site trip generation of 8,000 ADT from the site prior to the extension of Corporate Drive from the north bank of the Ten Mile Creek at its current stub, south to Waltman Lane. Approval shall be obtained from ACHD prior to Certificate of Zoning compliance application submittal for future structures to verify compliance with the allowed ADT. A Certificate of Zoning compliance application(s) will not be approved for any structure(s) Meridian City Council Meeting Agenda October 16, 2018 – Page 336 of 419 28 - on the site that exceeds the total allowed ADT for the site until Corporate Drive is extended. 9. Ruddy Drive shall be extended as a public street into this site and up to Waltman Lane, as shown on the concept plan(s). 10. At no time shall construction traffic associated with the development of this site be allowed to access this site using Ruddy Drive or any other street within The Landing Subdivision. 11. Provide a pedestrian network within the parking areas that will help to guide pedestrians through the parking areas safely. This network shall include pedestrian only pathways and sidewalks that connect the distant parking areas to the buildings. A pedestrian plan shall be included with the master concept plan for this development; submit with the first CZC application on this site. 12. All buildings in the development shall be subject to the administrative design review standards listed in the UDC and future design guidelines pertaining to architectural character, color & materials, and parking lots. In addition to the aforementioned standards, the lots directly adjacent to Waltman Lane shall also comply with design standards pertaining to pedestrian walkways. Architectural design elements on the structures shall continue all the way around the structures, similar to the example provided by the applicant at Target included as Exhibit A.7 of the staff report. 13. All buildings on the site shall be generally consistent with the conceptual office and retail elevations submitted with this application unless the Development Agreement is modified by the developer once actual users are identified. 14. All buildings shall contain architectural elements and landscaping features that break up any long façade or wall, as determined by the Planning Director, that face the freeway, a main drive aisle, a parking area, or a residential district. These architectural elements shall include at least two changes in materials or colors, and some modulation in the façade, including but not limited to, windows, columns, cornices, extrusions, or other architectural enhancements. 15. Any outdoor uses and/or activity areas (including restaurant seating) adjacent to residential uses along the west and northwest boundaries shall require conditional use permit approval (unless the adjacent uses are changed into non-residential uses). 16. Prohibited uses along the western and northwestern property boundaries are as follows: drinking establishments, drive-thru establishments, fuel sale facilities, fuel sales facilities/truck stops, and vehicle washing facilities. 17. Except for a potential hotel site at the southwest corner, all structures proposed on the site over 100,000 square feet that are within 100 feet of a residential district or use shall obtain conditional use permit approval. 18. Standard hours of operation for businesses along the west and northwest property boundaries adjacent to residential uses are limited to the hours between 8 am and 11 pm (unless the adjacent uses are changed into non-residential uses) with the exception of a hotel use, which shall be allowed to operate 24 hours. 19. For concept plan #1, all structures along the west and northwest property boundaries adjacent to existing residences shall be limited in height to two stories and shall have a minimum setback of 25 feet adjacent to the existing residences (unless the adjacent uses are changed into non - residential uses), with the exception of the proposed hotel. If a hotel is built at the southwest corner of the site as depicted on the concept plan, a 25-foot setback shall be required for the first story, a 100-foot setback shall be required for the 2nd story, and a 200-foot setback shall be required for anything greater than 2 stories, adjacent to existing residences. Structures along the west and northwest property boundaries directly adjacent to residences shall position second story and higher, in the case of a hotel) windows in such a manner as not to have views directly into Meridian City Council Meeting Agenda October 16, 2018 – Page 337 of 419 29 - neighboring residential properties. For concept plan #2, appropriate setbacks will be determined at the public hearing for the preliminary plat and conditions will be placed on the plat accordingly; No Development Agreement modification shall be necessary. 20. For concept plan #1, no rear loading areas, delivery areas, trash areas, or obtrusive lighting shall be permitted adjacent to existing residences on the west and northwest property boundaries. Further, all trash enclosures shall be constructed of concrete or masonry materials. 21. A minimum of 10 buildings shall be required on this site. 22. Development of this site shall be generally consistent with either one of the two conceptual site plans approved with this application, as determined by the Planning Director, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant proceeds with concept plan #2, a new preliminary plat application will be required. 23. Prior to issuance of the first occupancy, a 10-foot wide multi-use pathway shall be constructed at the northeast corner of the site as depicted on concept plan #1 and as approved by the Parks Department, on the east side of the Ten Mile Drain in alignment with the existing pathway on the north side of Waltman Lane, in accordance with the standards listed in UDC 11-3B-8 and 11-3B- 12, and the Master Pathways Plan. 24. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with the Parks and Recreation Department regarding the removal or replacement of any trees on this site. 25. Construct a 50-foot wide landscape buffer along the interstate. This buffer shall be designed in accordance with UDC 11-3B-7 and be placed along the entire southern boundary of the subject site, prior to the occupancy of the first building in this development. 26. Construct a 20-foot wide landscape street buffer along Waltman Lane (a collector street) east of the Corporate/Waltman intersection. A 10-foot wide buffer shall be constructed along Waltman Lane (a local street) west of the Corporate/Waltman intersection. These buffers shall be designed in accordance with the standards listed in UDC 11-3B-7 and constructed prior to the occupancy of the first building in this development. 27. Construct a 25-foot wide landscape buffer and a 6-foot tall masonry wall between residential uses and properties zoned C-G as depicted in Exhibit A.8 of the staff report. This buffer shall be designed and constructed in accordance with UDC 11-3B-9 and be placed adjacent to any existing residential uses which would include The Landing Subdivision and the two residential parcels located adjacent to the northwest corner of the subject property (if these properties are still functioning as residential uses and have not converted to commercial by the time building permits are applied for), prior to occupancy of the adjacent building. 28. If the applicant chooses to develop consistent with concept plan #1, relocate Waltman Lane further to the south, vacate the existing right-of-way, and install a 25-foot wide landscape buffer on the north side of Waltman (off-site) adjacent to the Haddock property, as depicted on concept plan #1 and Exhibit A.9 of the staff report. If the applicant chooses to develop consistent with concept plan #2, appropriate buffers shall be determined at the public hearing for the preliminary plat and the plat shall be conditioned accordingly. 29. If the applicant chooses to develop consistent with concept plan #1, construct two driveways as proposed on concept plan #1, on the south side of Waltman Lane, no wider than 36-feet each. No driveway accesses to Waltman are approved west of the Waltman/Corporate intersection. If the applicant chooses to develop consistent with concept plan #2, appropriate driveway locations shall be determined at the public hearing for the preliminary plat. 30. If the applicant chooses to develop consistent with concept plan #1, construct a maximum of 5 Meridian City Council Meeting Agenda October 16, 2018 – Page 338 of 419 30 - access points to Corporate Drive as shown on concept plan #1, unless the Development Agreement is modified by the developer once actual users are identified. If the applicant chooses to develop consistent with concept plan #2, appropriate access points shall be determined at the public hearing for the preliminary plat. 31. The applicant shall comply with all landscaping standards described in the UDC, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 32. The applicant shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and design review approval from the Planning Department prior to all new construction on the subject property. Meridian City Council Meeting Agenda October 16, 2018 – Page 339 of 419 31 - B. EXHIBIT B - AGENCY AND DEPARTMENT COMMENTS AND CONDITIONS 1. PLANNING DEPARTMENT 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(s). A final plat application will not be accepted until the DA is executed. The DA(s) shall be signed by the property owner(s) and returned to the Planning Division within six (6) months of the City Council granting the rezone. 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, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the conceptual development plan and building elevations included in Exhibit A and the conditions included in Exhibit B of the staff report. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. Note: Single-family detached units are not subject to Design Review. c. The rear and/or side of structures on Lots 2-9 and 33-48, Block 3; and Lots 2, 7, 9 and 14, Block 10, that face W. Waltman Lane and I-84 shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. d. Noise abatement shall be provided for residential uses abutting Interstate 84 in accord with the standards listed in UDC 11-3H-4D. Note: The top of the berm and wall in combination shall be a minimum of ten feet (10') higher than the elevation at the centerline of the state highway; the cross-section in Exhibit A.5 does not accurately reflect the elevation of the centerline of the state highway in relation to the elevation of the site. e. Qualified open space and site amenities shall be provided within the development in accord with the standards listed in UDC 11-3G-3 for residential developments as proposed with this application. f. Prior to issuance of any building permits on the subject property, the property shall be subdivided. g. The vegetation and trees that currently exist along the banks of the Ten Mile Creek shall be protected or enhanced as part of this development. The applicant shall work with Elroy Huff, City Arborist, regarding the removal or replacement of any trees on this site. h. The Applicant shall extend Corporate Drive north of this site from its current terminus north of Ten Mile Creek to Waltman Lane with the first phase of development (54 building lots). This will provide for access to the proposed development and general vicinity while the bridge over the Ten Mile Creek on Waltman Lane is reconstructed. i. Improvements to Waltman Lane adjacent to the site as required by ACHD, including the bridge crossing over the Ten Mile Creek, shall be completed after Corporate Drive is extended from the north to Waltman Lane in accord with ACHD requirements. j. The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall along I-84, shall be constructed with the first phase of development. The entire street buffer along I-84 shall be constructed with the third phase of development. k. The entire segment of the 10-foot wide multi-use pathway along the Ten Mile Creek and the pedestrian bridge shall be constructed with the second phase of development. Meridian City Council Meeting Agenda October 16, 2018 – Page 340 of 419 32 - l. The multi-family development in its entirety shall be managed and maintained by the same company to ensure consistency. m. Future homes on Lots 33-48, Block 3 adjacent to I-84 are restricted to a single-story in height as proposed by the applicant. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.4, dated 4/18/2018, is approved as submitted. 1.2.2 The landscape plan included in Exhibit A.5, dated 3/30/2018, shall be revised as follows: a. Depict a minimum 5-foot wide detached sidewalk along W. Waltman Lane. b. Depict landscaping along all pathways as set forth in UDC 11-3B-12C. 1.2.3 The entire street buffer and sidewalk along W. Waltman Lane; and the entire street buffer, including the berm and wall, along I-84 shall be constructed with the first phase of development prior to issuance of any Certificates of Occupancy. The entire street buffer along I-84 shall be constructed with the third phase of development. 1.2.4 Alleys are required to be constructed in accord with the standards listed in UDC 11-6C-3B.5. 1.2.5 An exhibit is required to be submitted with final plat applications that contain common driveways that depicts the setbacks, fencing, building envelope and orientation of the lots and structures; driveways for lots that abut the common driveway but are not taking access from the driveway should be depicted on the opposite side of the shared property line away from the common driveway as set forth in UDC 11-6C- 3D.7. 1.2.6 A perpetual ingress/egress easement shall be filed with the Ada County Recorder for common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment in accord with UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted to the Planning Division. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B- 8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. Meridian City Council Meeting Agenda October 16, 2018 – Page 341 of 419 33 - 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards as applicable, as set forth in UDC 11-3A-19 and the design standards listed in the Architectural Standards Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.3.17 All fencing constructed on the site shall comply with the standards as set forth in UDC 11-3A-7. 1.4 Ongoing Conditions of Approval – Preliminary Plat 1.4.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.5 Process Conditions of Approval – Preliminary Plat 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance and Design Review application from the Planning Division, prior to submittal of any building permit applications for the townhome and multi-family structures. 1.6 Site Specific Conditions of Approval – Conditional Use Permit 1.6.1 The Applicant shall comply with the specific use standards listed in UDC 11-4-3-27 for multi-family developments. Plans submitted with the Certificate of Zoning Compliance application shall demonstrate compliance with these standards. 1.6.2 The site plan included in Exhibit A.3, dated 3/2/2018, shall be revised as follows: a. Depict a minimum of 80 square feet (s.f.) of private useable open space (i.e. patio or balcony) for each unit in accord with UDC 11-4-3-27B.3. b. Depict a property management office, a maintenance storage area, a central mailbox location with provisions for parcel mail that provides safe pedestrian and/or vehicular access and a directory and map of the development at an entrance or convenient location for those entering the development in accord with UDC 11-4-3-27B.7. c. Depict all on-site service areas, outdoor storage areas, waste storage, disposal facilities, and transformer and utility vaults on the site plan in areas not visible from a public street, or fully screened from view from a public street. d. The central common area (i.e. open grassy area) shall either be widened to a minimum of 50 feet to comply with the minimum size requirements of 50’ x 100’ for open space amenities; or, another amenity from the Open Space category shall be provided as set forth in UDC 11-4-3-27D. 1.6.3 The landscape plan included in Exhibit A.5, dated March 30, 2018 shall be revised as follows: a. Depict landscaping along the foundations of all street facing elevations in accord with the standards listed in UDC 11-4-3-27-F as follows: the landscaped area shall be at least 3-feet wide and have an Meridian City Council Meeting Agenda October 16, 2018 – Page 342 of 419 34 - evergreen shrub with a minimum mature height of 24 inches for every 3 linear feet of foundation. The remainder of the area shall be landscaped with ground cover plants. b. Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum 5-foot wide landscape strip is required along each side of the pathway along the Ten Mile Creek. 1.6.4 The multi-family development is required to record legally binding documents that state the maintenance and ownership responsibilities for the management of the development, including, but not limited to, structures, parking, common areas, and other development features. 1.6.5 A minimum building setback of 10 feet is required unless a greater setback is otherwise required per UDC 11-4-3-27B.1. 1.6.6 A minimum of 20 feet separation between buildings is required per Building Code unless a reduction is approved through the Building Department. 1.6.7 Private streets are required in the multi-family portion of the development for addressing purposes and shall be constructed in accord with the standards listed in UDC 11-3F.4. A private street application shall be submitted with the final plat application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be required to construct a minimum 14-foot wide gravel access road over the existing sanitary sewer trunkline adjacent to Ten Mile Creek. This access can be co-located with sidewalk/pathways, as long as the design incorporates the minimum considerations of the wastewater maintenance equipment. 2.1.2 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. Meridian City Council Meeting Agenda October 16, 2018 – Page 343 of 419 35 - 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898- 5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at 208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375- 5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features 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 Meridian City Council Meeting Agenda October 16, 2018 – Page 344 of 419 36 - design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 Provide private streets within the multi-family portion of the development for addressing purposes. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Fire Department plugs. 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- Meridian City Council Meeting Agenda October 16, 2018 – Page 345 of 419 37 - 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. 4.5 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 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.3 & D103.6. 4.7 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.8 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. 4.9 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26’ in width shall have no on-street parking; streets less than 32’ in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of 13’ 6”. The roadway shall be able to accommodate an imposed load of 80,000 GVW as set forth in International Fire Code Section 503.2.1 and D103.6.1 and D103.6.2. 4.11 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. 4.12 Provide a Fire Department Key box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1 and Meridian Amendment 10-4-1. 4.14 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. 4.15 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. 4.16 Where a portion of the facility or building hereafter constructed or moved into or within the jurisdiction is more than 400 feet (122 m) from a hydrant on a fire apparatus access road, as measured by an approved route around the exterior of the facility or building, on- site fire hydrants and mains shall be provided where required by the code official as set forth in International Fire Code Section 507.5.1. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section Meridian City Council Meeting Agenda October 16, 2018 – Page 346 of 419 38 - 903.3.1.1 or 903.3.1.2 the distance requirement shall be 600 feet (183). a. For Group R-3 and Group U occupancies, the distance requirement shall be 600 feet (183 m). b. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with Section 903.3.1.1 or 903.3.1.2, the distance requirement shall be 600 feet (183 m). 4.17 All R-2 occupancies with 3 or more units shall be required to be fire sprinkled as set forth in International Fire Code Section 903.2.8. 4.18 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. 4.19 The Fire Department will require Fire Department locking Connection caps on all FDC inlets. IFC 102.9. 4.20 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.21 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. 4.22 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. 4.23 As set forth in International Fire Code Section 504.1, multi-family and commercial projects shall be required to provide an additional sixty inches (60”) wide access point to the building from the fire lane to allow for the movement of manual fire suppression equipment and gurney operations. The unobstructed breaks in the parking stalls shall be provided so that building access is provided in such a manner that the most remote part of a building can be reached with a length of 150' fire hose as measured around the perimeter of the building from the fire lane. Code compliant handicap parking stalls may be included to assist meeting this requirement. Contact the Meridian Fire Department for details. 4.24 Over 100 apartment units without an approved sprinkler system or 200 apartment units with an approved sprinkler system will require a secondary access per International Fire Code Section D104.3. 4.25 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 is wrench activated or an approved equal. 4.26 The driveways in the multi -family portion of the development shall be private streets and shall be constructed in accord with the standards listed in UDC 11 -3F-4 with a minimum width of 26 feet. 4.27 All public streets shall be a minimum of 33 -feet wide. 5. PARKS DEPARTMENT 5.1 The project developer shall design and construct a multi-use pathway consistent with the specifications set forth in the Meridian Pathways Master Plan (Chapter 3). Proposed location of pathway on west side of the Ten Mile Drain is acceptable to the Pathways Project Manager. Project Developer shall also provide a Meridian City Council Meeting Agenda October 16, 2018 – Page 347 of 419 39 - pedestrian bridge crossing of the Ten Mile Drain to connect with proposed future pathways to the east. 5.2 Prior to final approval, the applicant shall submit a public access easement for a multi-use pathway on the west side of the Ten Mile Drain to the Planning Division for Council approval and subsequent recordation. The easement shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 5.3 Construct multi-use pathway per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 5.4 The owner (or representative association) of the property affected by the public access easement shall have an ongoing obligation to maintain the multi-use pathway. 5.5 Six-foot tall open vision fencing shall be installed between pathways and (live) water irrigation canals and laterals as detailed in the Meridian Pathways Master Plan, Chapter 3, page 3-5. All other fence details per UDC 11-3A-7. 5.6 Should any discrepancy exist between these conditions and the requirements of the Nampa Meridian Irrigation District, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. 6. NAMPA MERIDIAN IRRIGATION DISTRICT 7. CENTRAL DISTRICT HEALTH DEPARTMENT Meridian City Council Meeting Agenda October 16, 2018 – Page 348 of 419 40 - 8. WEST ADA SCHOOL DISTRICT 9. ADA COUNTY HIGHWAY DISTRICT (ACHD) 9.1 Site Specific Conditions of Approval (Preliminary Plat) 9.1.1 Prior to plan approval and ACHD signature on the first final plat enter into a Cooperate Development Agreement with ACHD for the construction of the Corporate Drive extension, which will also include the construction of a new bridge over the Ten Mile Creek. Construct Corporate Drive north of the bridge as a 40-foot wide commercial street section with vertical curb, gutter, and 5-foot wide attached concrete sidewalks. The crossing of Ten Mile Creek will require a 58-foot wide bridge with 2-foot parapets. South of the bridge construct Corporate Drive with a minimum of 30-feet of pavement and 3-foot wide gravel shoulders. The Cooperative Development Agreement shall include the roadway and bridge design and construction, as well as allocation of costs (70% ACHD and 30% the applicant). 9.1.2 In order to ensure that Corporate Drive will be extended, the following items must be in place prior plans acceptance for the first final plat. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Full design and approved plans for the roadway and bridge. Meridian City Council Meeting Agenda October 16, 2018 – Page 349 of 419 41 - 9.1.3 Abutting the site, improve Waltman Lane as ½ of a 36-foot wide collector street section, plus 12-feet of additional pavement (to total 30-feet) with vertical curb, gutter, and a 5-foot wide (or 7-foot wide attached) detached concrete sidewalk with a 3-foot wide gravel shoulder and a borrow ditch sized to accommodate the roadway storm runoff constructed on the north side of the roadway. 9.1.4 If detached sidewalks are constructed, then the right-of-way may extend to 2-feet behind the back of curb and the sidewalks can be placed in a permanent right-of-way easement. 9.1.5 Construct center left turn lanes on Waltman Lane at the apartment driveway located approximately 430- feet east of Corporate Drive and at Kearney Avenue. 9.1.6 Reconstruct of the existing Ten Mile Creek bridge crossing on Waltman Lane as a full 36-foot street section with vertical curb and 5-foot wide attached concrete sidewalks. This will require a 54-foot wide bridge with 2-foot parapets. 9.1.7 To ensure the existing Ten Mile Creek bridge crossing on Waltman Lane is improved when necessary and to allocate costs, the applicant shall enter into a Cooperative Development Agreement with ACHD. 9.1.8 The Cooperative Development Agreement should include bridge design and construction, as well as allocation of costs (76% ACHD and 24% the applicant). 9.1.9 In order to ensure that the Waltman Lane bridge is constructed, the following items must be in place prior plans acceptance for the final plat necessitating the improvements. Cooperative Development Agreement; Financial surety provided by the applicant meeting the terms of the Cooperative Development Agreement; Full design and approved plans for the bridge. 9.1.10 Install “NO PARKING” signs on Waltman Lane abutting the site. 9.1.11 Extend 1 stub street into the site, Ruddy Drive, with two 21-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, gutter, within 50-feet of right-of-way, and a 5-foot wide attached concrete sidewalks. 9.1.12 Construct 1 local street, Kearney Avenue, to intersect Waltman Lane, 330-feet west of Corporate Drive. 9.1.13 Construct the entry portion of Kearney Avenue with two 21-foot wide travel lanes, a 10-foot wide center landscape island, vertical curb, gutter, and a portion of an 8-foot wide planter strip within 60-feet of right- of-way with a 5-foot wide detached concrete sidewalks. 9.1.14 Provide a permanent right-of-way easement for detached sidewalks located outside of the dedicated right- of-way. 9.1.15 Plat all of the center landscape islands as right-of-way owned by ACHD. The applicant or the home owners association shall apply for a license agreement if landscaping is desired within the islands. 9.1.16 Construct all other internal local streets as 33-foot street sections with rolled curb, gutter, and 5-foot wide attached concrete sidewalks within 47-feet of right-of-way. 9.1.17 Construct an off-set cul-de-sac turnaround with a minimum radius of 45-feet at the terminus of SW 7th Street. 9.1.18 Construct three 20-foot alleys within the site, located as follows: One east/west alley to run between Kearney Avenue and Malayan Avenue. One north/south alley to run between Jacksnipe Drive and Backwoods Drive. Meridian City Council Meeting Agenda October 16, 2018 – Page 350 of 419 42 - One alley to run north from Jacksnipe Drive and curve to the east to intersect Malayan Avenue. 9.1.19 All alleys with horizontal curves shall be designed using the AASHTO equation 3-38. HSO= R (1 – cos(28.65*S/R)) using S = 80. 9.1.20 Construct one 24-foot wide full access driveway onto Waltman Lane located approximately 430-feet east of Corporate Drive. 9.1.21 Construct one 28-foot wide driveway onto Malayan Avenue located 300-feet south of Eider Drive. Sign this driveway for “NO PARKING”. 9.1.22 Construct 1 stub street to the north, 7th Avenue, located 130-feet east of the west property line. Install a sign at the terminus of the stub street stating that, “THIS ROAD WILL BE EXTENDED IN THE FUTURE.” 9.1.23 Provide a road trust deposit in the amount of $18,000 to pay for future traffic calming on local streets within The Landing Subdivision provided when Ruddy Drive is extended into the site. 9.1.24 Other than access specifically approved with this application direct lot access to Waltman Lane is prohibited and shall be noted on the final plat. 9.1.25 Payment of impact fees is due prior to issuance of a building permit. 9.1.26 Comply with all Standard Conditions of Approval. 9.2 Standard Conditions of Approval 9.2.1 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). 9.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 9.2.3 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. 9.2.4 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. 9.2.5 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. 9.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 9.2.7 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. 9.2.8 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. 9.2.9 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 Meridian City Council Meeting Agenda October 16, 2018 – Page 351 of 419 43 - specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 9.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 9.2.11 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. 9.2.12 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. 10. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda October 16, 2018 – Page 352 of 419 44 - 11. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) Meridian City Council Meeting Agenda October 16, 2018 – Page 353 of 419 45 - Exhibit C: Legal Description & Exhibit Map for Rezone Boundary Meridian City Council Meeting Agenda October 16, 2018 – Page 354 of 419 46 - Meridian City Council Meeting Agenda October 16, 2018 – Page 355 of 419 47 - Meridian City Council Meeting Agenda October 16, 2018 – Page 356 of 419 48 - Meridian City Council Meeting Agenda October 16, 2018 – Page 357 of 419 49 - D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed map amendment from Commercial to Medium-High Density Residential is not consistent with other elements of the Comprehensive Plan as discussed at the public hearing. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for mix of residential uses does not provide an improved guide to future growth and development of the city for the reasons discussed at the public hearing. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is not consistent with certain Goals, Objectives, and Policies of the Comprehensive Plan as discussed at the public hearing. d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment is not compatible with adjacent existing residential uses based on comments provided at the public hearing from neighbors. f. The proposed amendment will not burden existing and planned service capabilities. The City Council finds that the proposed amendment will not burden existing and planned service capabilities in this portion of the city as the City has planned to provide services to this property. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed map amendment does not provide a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated during the public hearing, the City Council finds that the proposed amendment is not in the best interest of the City. 2. REZONE: A. The Council did not consider the Rezone because the Comprehensive Plan Map Amendment was not approved. 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 Meridian City Council Meeting Agenda October 16, 2018 – Page 358 of 419 50 - following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is consistent with the proposed MHDR FLUM designation proposed for this site and should be compatible with existing and future uses in the area. Therefore, the Commission finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the R-15 and R-40 zoning districts is consistent with the purpose statements of 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 Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare if the site is developed in accord with the conditions of approval in Exhibit B. City utilities will be extended at the expense of the applicant. The Commission recommends that the Council consider any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Commission finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Commission finds the proposed rezone of this property is in the best interest of the City if the applicant develops the site in accord with the conditions listed in Exhibit B. 3. PRELIMINARY PLAT: A. The Council did not consider the Preliminary Plat because the Comprehensive Plan Map Amendment was not approved. In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision- making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use if Council approves the requested FLUM amendment to MHDR; if the applicant complies with the conditions included in this report, the proposed plat should be consistent with the transportation and circulation goals. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s Meridian City Council Meeting Agenda October 16, 2018 – Page 359 of 419 51 - capital improvement program; Because City water and sewer and any other utilities will be provided by the developer at their own cost, the Commission finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Commission recommends the Council rely upon comments from the public service providers i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety, or environmental problems associated with the platting of this property that should be brought to the Council’s attention. ACHD and ITD consider road safety issues in their analyses. The Commission recommends that the Council consider any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which the Commission is unaware. f. The development preserves significant natural, scenic or historic features. The Commission is not aware of any significant natural, scenic or historic features on this site that need to be preserved. 4. CONDITIONAL USE PERMIT (UDC 11-5B-6E) A. The Council did not consider the Conditional Use Permit because the Comprehensive Plan Map Amendment was not approved. The Commission and Council shall base its determination on the Conditional Use Permit request upon the following: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and the dimensional & development regulations of the R-15 and R-40 districts (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Commission finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MHDR for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use should be compatible with other existing and future uses in the general area and with the existing and intended character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. Meridian City Council Meeting Agenda October 16, 2018 – Page 360 of 419 52 - e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that sanitary sewer, domestic water, refuse disposal, and irrigation are currently available to the subject property. The Commission finds that the proposed use will be served adequately by all of the public facilities and services listed above. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds the proposed use will not be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting Agenda October 16, 2018 – Page 361 of 419 City Council Meeting October 16, 2018 Previously Approved Concept Plan 5.1 Owner/Developer shall develop the property in accordance with the following special conditions: E. Development of the subject property shall comply with the C-G and L- O dimensional standards listed in UDC 11-2B-2., The following uses shall only be allowed within the C-G zoning district portion of the development: except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. M. Prior to applying for a certificate of zoning compliance for any parcel within the new Lot 7, Block 1 as shown in Record Of Survey 11483, the applicant shall receive approval of a final plat modification to remove Lot 5, Block 1 as a common lot within the recorded plat for Larkspur Subdivision No. 1. No longer required City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 E Project File Number: H-2018-0103 Item Title: Public Hearing — Calderwood Business Park Meeting Notes: (H-2018-0103) by ALC Architecture, Located at the SE corner of S. Meridian Rd. and E. Calderwood Dr. Request: Modification to an Existing Development Agreement to allow for minor vehicle repair uses on the property and to modify certain other provisions of the development agreement r✓ ��F�uVt� Changes to Agenda: None Item #9E: Calderwood Business Park (H-2018-0103) Application(s): Development Agreement Modification The applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA (Instrument # 2015-043235), the Council approved a conceptual development plan and specifically disallowed several uses that would otherwise be allowed within the C-G and L-O zoning districts. Minor Vehicle Repair was one of the uses specifically prohibited within the development due to the close proximity of residential uses. The previously approved concept plan depicts three office pads, three commercial pads and one drive-through pad. The drive-through pad has since developed as a Dutch Bros coffee kiosk. The concept plan is not being modified as part of this application, however, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development because of the proximity to sensitive residential areas such as the residential care facility further to the east. Staff is of the opinion that the C-G portion of the development is far enough (approximately 193 feet) from the care facility that allowing the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face north, and the applicant is required to install a 25 foot landscape buffer to the south, so any sound impacts should be minimal. The proposal to change the previously prohibited uses as now permitted only applies to the C-G zoning designation. The previously prohibited uses would remain as prohibited in the L-O zoning designation. Allowing minor vehicle repair within the development would still require the applicant to obtain a certificate of zoning compliance and administrative design review approvals, both administrative-level applications, prior to obtaining a building permit. Lastly, the added provision “M” is no longer needed within the development agreement. Since the report was written, staff was able to determine that the correct process was followed. Written Testimony: None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0103, as presented in the staff report for the hearing date of October 16, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0103, as presented during the hearing on October 16, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0103 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9F: Costco (H-2018-0066) Application(s): Development Agreement Modification This project was last heard by City Council on July 24th; at that meeting, Council voted to continue the project in order to allow the Applicant time to work with the neighbors to come up with a building design more compatible with adjacent residential areas, taking into consideration feedback from neighbors presented at the public hearing. The Applicant and their design team held 2 additional neighborhood meetings (Aug. 14th & Sept. 11th) at which they worked with neighbors to come up with revised building elevations that have more of a residential feel with earth tone colors, rather than industrial with gray tones. Materials for the building consist of stone, brick, stucco, glass, steel, and architectural metal siding panels. The project was re-noticed for tonight’s hearing and notices were mailed out to everyone within 1,000 feet of the boundary of the site. Note: The structure is subject to the design standards listed in the Architectural Standards Manual and will be reviewed for compliance with such with the Design Review application submitted with the Certificate of Zoning Compliance application. Written Testimony since Council Hearing on 7/24: Justin McMurdie, John Wright, Emily Piscione, Jane Albert, Tom Callison, Dinah Gallo Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2018-0066, as presented in the staff report for the hearing date of October 16, 2018: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2018-0066, as presented during the hearing on October 16, 2018, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2018-0066 to the hearing date of _________ for the following reason(s): (You should state specific reason(s) for continuance.) Item #9G: Timber Creek Recycling (H-2018-0042) This application was heard by the City Council at a public hearing on September 18th. At the hearing, the City Council voted to approve the Applicant’s request for a modification to the existing development agreement, as proposed, with one change. Because Staff recommended denial of the application to City Council, no Staff recommended provisions or changes to the proposed provisions were included in the staff report. It was suggested that the application should be continued in order to allow Staff time to prepare a recommendation for Council’s consideration that might include additional DA provisions and/or for modifications to the amended DA provisions proposed by the Applicant. Although Council did not vote to continue the application, Staff has prepared a recommendation for Council’s review prior to approval of the Findings, attached to this memo entitled “Exhibit B”. The provisions recommended by Staff are based on discussion and tes timony provided at the public hearing related to Meridian City Code and Unified Development Code standards for Heavy Industry and Recycling Center & Solid Waste Transfer Station uses. I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing for C alderwood B usiness P ark (H-2018-0103) by AL C Architecture, Located at the S E corner of S. M eridian Rd. and E . C alderwood D r. 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 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/12/2018 - 12:40 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 362 of 419 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/16/2018 Hearing Type: Council Item Number: 9-F Project Name: Calderwood Business Park Project No.: H-2018-0103 Active: ❑ Page 1 of 1 Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time Houston, 10/16/2018 Billy Green Jr. X X TX 77094 6:05:15 PM (Applicant) 1119 east 10/16/2018 Idaho X X Richard Wilmot state street 6:16:25 PM 83616 Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=82 10/18/2018 Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: October 16, 2018 TO: City Council FROM: Josh Beach, Associate City Planner 208-489-0578 SUBJECT: H-2018-0103 Calderwood Business Park MDA PROPERTY LOCATION: Southeast corner of S. Meridian Road and E. Calderwood Drive, in the NW ¼ of Section 19, T.3N., R.1E. I. PROJECT DESCRIPTION Request for a modification to an existing development agreement to allow for minor vehicle repair uses on the subject property. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 4.08 Future Land Use Designation MDR (Medium Density Residential) Existing Land Use Retail, Office, Vacant Proposed Land Use(s) Retail and Office and Minor Vehicle Repair Current Zoning C-G and L-O Proposed Zoning C-G and L-O Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) RZ-04-009, PP-04-023, CUP-04-025, FP-04-067, RZ-15-002, MCU-15-001 and VAC-15-002 Meridian City Council Meeting Agenda October 16, 2018 – Page 363 of 419 Page 2 B. Project Area Maps Zoning Map Aerial Map III. APPLICANT INFORMATION A. Applicant: Jeff Likes, ALC Architecture 1119 E. State #120 Eagle, ID 83616 B. Owner: GGR, LLC PO Box 2579 Eagle, ID 83616 C. Representative: Jeff Likes, ALC Architecture IV. NOTICING A. Newspaper notification published on: September 28, 2018 B. Radius notice mailed to properties within 300 feet on: September 21, 2018 C. Applicant posted notice on site on: October 5, 2018 D. Next door posting: September 25, 2018 E. Neighborhood meeting date and number of attendees: June 18, 2018; 7 attendees V. STAFF ANALYSIS The applicant wishes to modify the original development agreement to allow for minor vehicle repair within the development. With the current DA (Instrument # 2015-043235), the Council approved a conceptual development plan and specifically disallowed several uses that would otherwise be allowed within the C-G and L-O zoning districts. Minor Vehicle Repair was one of the uses specifically prohibited within the development due to the close proximity of residential uses. The previously approved concept plan depicts three office pads, three commercial pads and one drive- through pad. The drive-through pad has since developed as a Dutch Bros coffee kiosk. The concept plan is not being modified as part of this application, however, the applicant wants to be allowed to have minor vehicle repair allowed within the development agreement. The original DA limits the uses in the development because of the proximity to sensitive residential areas such as the residential care facility further to the east. Staff is of the opinion that the C-G portion of the development is far enough (approximately 193 feet) from the care facility that allowing Meridian City Council Meeting Agenda October 16, 2018 – Page 364 of 419 Page 3 the remainder of the previously prohibited uses will not adversely impact the residential areas surrounding the development. In addition to the 193 foot distance between the two uses, there is also a drive aisle, two five foot landscape buffers, several buildings and a public street between them. Admittedly, there is a residential property that abuts the south side of the proposed minor vehicle repair use, but the overhead doors will face north, and the applicant is required to install a 25 foot landscape buffer to the south, so any sound impacts should be minimal. The proposal to change the previously prohibited uses a permitted only applies to the C-G zoning designation. The previously prohibited uses would remain as prohibited in the L-O zoning designation. Allowing minor vehicle repair within the development would still require the applicant to obtain a certificate of zoning compliance and administrative design review approvals, both administrative- level applications, prior to obtaining a building permit. Lastly, there was a property boundary adjustment (PBA) application submitted to modify the parcel boundaries within the plat (A-2018-0241). The PBA received tentative approval from the Planning division, however, staff has become aware that a common lot was inadvertently included in a larger parcel. The final plat for Larkspur Subdivision No. 1 lists Lot 5, Block 1 as a common lot. In order for the lot to be included in the larger commercial lot, the applicant will be required to receive approval of a final plat modification to remove that lot as a required common lot for the subdivision. VI. DECISION Staff recommends approval of the proposed development agreement modification application as shown in Section VIII. Meridian City Council Meeting Agenda October 16, 2018 – Page 365 of 419 Page 4 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda October 16, 2018 – Page 366 of 419 Page 5 Meridian City Council Meeting Agenda October 16, 2018 – Page 367 of 419 Page 6 Meridian City Council Meeting Agenda October 16, 2018 – Page 368 of 419 Page 7 VIII. STAFF RECOMMENDED CHANGES TO THE DEVELOPMENT AGREEMENT 5. PLANNING DIVISION 5.1 Owner/Developer shall develop the property in accordance with the following special conditions: E. Development of the subject property shall comply with the C-G and L-O dimensional standards listed in UDC 11-2B-2., The following uses shall only be allowed within the C-G zoning district portion of the development: except for the following uses which are prohibited: drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility, vehicle washing facility, fuel sales facility, outdoor recreation facility and vehicle sales and rentals. M. Prior to applying for a certificate of zoning compliance for any parcel within the new Lot 7, Block 1 as shown in Record Of Survey 11483, the applicant shall receive approval of a final plat modification to remove Lot 5, Block 1 as a common lot within the recorded plat for Larkspur Subdivision No. 1. 2. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=155576 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/156164/Page1.aspx Meridian City Council Meeting Agenda October 16, 2018 – Page 369 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 F Project File Number: H-2018-0066 Item Title: Public Hearing — Costco Wholesale Meeting Notes: Public Hearing continued from September 11, 2018 for Costco Wholesale (H-2018-0066) by Costco Wholesale Located generally at the southwest corner of W. Chinden Blvd./SH-20/26 and N. Ten Mile Rd. Request: Modification to the Development Agreement to include conceptual building elevations 9 APPROVES I TEM SHEET C ouncil Agenda I tem - 8.F. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing continued from S eptember 11, 2018 for C ostco Wholesale (H- 2018-0066) by Costco Wholesale L ocated generally at the southwest corner of W. C hinden B lvd./S H-20/26 and N. Ten M ile Rd. C lick H ere for Application M aterials 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 A pplicant Narrative Cover Memo 10/12/2018 Revised E levations B ackup Material 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 10/12/2018 - 4:27 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 370 of 419 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 10/16/2018 Hearing Type: Council Item Number: 9-G Project Name: Costco Wholesale Project No.: H-2018-0066 Active: ❑ Page 1 of 1 Signature Name Address City -State- Zip For Against Neutral I Wish To Testify Sign In Date/Time 6628 N. Meridian, ID 10/16/2018 Jane Albert X X Salvia Way 83646 5:39:36 PM 6092 N. 10/16/ Rick Burke Santa Rita Meridian, ID X X PPM 6:28:577M Ave. Go Back To List I Export To Excel © 2018 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=83 10/18/2018 MEMO RE Development Agreement Modification Submittal for new Costco Warehouse Click here to enter text. The Lost Rapids Subdivision Development Agreement approved by the Meridian City Council in March of 2018 required that Costco submit a Development Agreement Modification to address the design of the proposed Costco building. On July 24th we met with the City Council to go over that application. Unfortunately, a number of neighbors felt like they had not been given a chance to comment on the proposed design. So, the DA Modification hearing was continued to give Costco and the neighbors a chance to resolve some of their concerns. For that purpose, Costco and their design team met with their future neighbors on August 14th and again September 11th. While we cannot address every concern that has been raised over the months, we have listened and responded with a design that has changed significantly from our initial submittal. Feedback from the neighborhood was fairly unanimous in their position that the building needed to have a more residential feel. Our original design had a modern industrial approach, which admittedly can feel a little cool. We are now proposing a design vocabulary that is warmer and more familiar with residential construction. The cool grey color palette has been replaced with warm earth tones. Materials for the building include stone, brick, stucco, glass, steel (used like a timber frame) and architectural metal siding panels. The entry canopy builds on the idea of a timber framed pergola. This approach then gets used throughout the building and site to create a unified and cohesive design for the entire project. Nodes have been created within the parking lot along pedestrian routes that provide benches and shade structures. To City of Meridian From Steve Bullock, MG2 Peter Kahn, Costco Cc Date October 2, 2018 Project City of Meridian New Costco Warehouse Meridian City Council Meeting Agenda October 16, 2018 – Page 371 of 419 Page 2 of 2 Jane Albert, who facilitated communication between the Costco design team and the neighborhood, provides the attached email and comments from her distribution list of 77 individuals. As you can see from their comments, we have in large part responded to their concerns and made changes that they are in general supportive of. For this continued hearing we are submitting updated site plans and details and an updated building design with perspective images that demonstrate those changes. Please feel free to contact me at 206-962-6614 or email me at steve.bullock@mg2.com if you have any questions. Sincerely, Steve Bullock MG2 Meridian City Council Meeting Agenda October 16, 2018 – Page 372 of 419 1 Steve Bullock From:Jane Albert <jane.albert@hotmail.com> Sent:Thursday, October 04, 2018 10:16 AM To:Steve Bullock Subject:Design input Attachments:Costco Design Input.pdf Hello, Steve. Attached is the input I have received from neighbors to date. My distribution list is 77 individuals. I have put out another call for comments by 4:00 p.m. your time and will forward them to you in the same format as they are received. Thank you, Jane Meridian City Council Meeting Agenda October 16, 2018 – Page 373 of 419 I feel the whole project has been well planned, and we so appreciate Costco listening to the neighbors and actively working toward the good of all. Yes, it’s hard to hide an elephant, but Costco did a great job!" My husband and I like what they’ve done and hope they will adhere to them. We will vote yes on this plan." Here are my thoughts re the Costco design pictures/ diagrams: Change the cement barriers at the store entrance to cement planters. Tone down the bright orange and blue Costco signage so it blends more organically with the rest of the design. Design shows a 5 foot high wood fence on Chinden. Could that be 6 feet high similar to the Lost Rapids side? The berm that they just completed on the south side of Chinden for Cadence is really nice. I wish they would do something like that on the Chinden side." W e think the design looks good. Our only comment: During our meeting with the Costco landscape representatives, we think they will do a very nice job. The landscape is being completed on the southeast corner of Ten Mile and Chinden and it looks really good. The Costco landscapers may want to use the same design fence along Chinden Blvd. to the west of Ten Mile to provide some continuity. It looks like they tried to incorporate many of the suggestions given - native stone, no red stripe, arbors with vines, etc. It won't be perfect to everyone but we appreciate Costco working with the neighbors and are interested in being good neighbors." Thoroughly impressed by how they listened to our ideas. Well done!” Looks great! They really listened to all of us and did a great job. I'm all for this project now. My thanks to everyone involved in this project.” I do think that Costco is going way beyond the call of duty to work with us in the neighborhood. thank Costco for listening and let us be good neighbors. Build it.” Meridian City Council Meeting Agenda October 16, 2018 – Page 374 of 419 The design looks amazing!! Thank you Costco for working with your neighbors and allowing us to provide feedback!” The red and blue do not fit or match the natural elements of the building. I sure hope they will use a natural color similar to target in Eagle to not be so glaring. Everyone knows it’s Costco, it doesn’t need to stick out like a sore thumb when you arrive. White and light grey would look amazing! I also agree the more we can shield it from Chinden the better. The landscape on the other side of lost rapids did a great job. If they can also start with more mature trees it would help the process.” they have still failed to provide the design for the corner monument (Ten Mile and Chinden), which I believe they are responsible for as the anchor tenant), and they have failed to provide the signage for the Lost Rapids entrance on Chinden which is supposed to show no truck traffic.” I appreciate Costo, etal, for allowing the neighbors to offer up input on the designs, however, I still think this location is a bad idea and counter to what the previous Comprehensive plan was before the City of Meridian, Council and Planning and Zoning deciding on their own, disregarding the citizens. Costco and the public would be better served moving their new site to Chinden/Highway 16 area. This is a very disappointing undertaking. If the developers of the subdivisions were truthful and transpa rent to their potential customers before these projects get approved by ignorant, uncaring city staffers and leaders, we might not be here today fighting for our property values and comforts. You could have chosen a dozen different locations to do this that made more sense.” Meridian City Council Meeting Agenda October 16, 2018 – Page 375 of 419 Overall appreciation for incorporating neighbor input. We look forward to a beautiful completion that fits this Boise River community. Comments and requests: Costco renderings: How many pergolas with benches are included throughout the property? o Can they be built to protect from rain and sun? Cart collection areas not shown. Please show in renderings how they are hidden as much as possible. Tire center not shown. Please show in renderings. Delivery docks not shown. Please show in renderings. Can the Northwest perspective include against the building planter boxes close to building similar to the Southwest side, as well as the walkway and planted tree and plant groupings as shown? And can the Southwest side include walkway and planted trees and plant groupings similar to Northwest, as well as against the building planters as shown? This would show a balance for both western exposure sides. The fuel station rendering shows 12 pillars and 12 pumps total. Is that accurate? o Plat drawings shows 15 pillars and 15 pumps. What is true? o Please, can future dispensers be subject to an approval process with City Council and Public input? Costco screening: o For all screening at all roads: o Please set height of all berms at 8’ instead of the two foot range of 6’-8’. o Height of berm does not include the height of the fence, only the berm. The fence height is 6” all around all roads please. Total combined height to be 14” instead of 12’-14’ range. Thank you! Overall I don’t support a Costco in this location or the process in which it was approved. With that said, I do think Costco has been engaged with neighbors and has listened. The design reflect comments made by neighbors. I have read the comments you attached to the e-mail and I agree with the comments. I have no further suggestions. Meridian City Council Meeting Agenda October 16, 2018 – Page 376 of 419 10.04.18 WEISMANDESIGNGROUPCOSTCOWHOLESALEMERIDIAN, ID SCALE: 1/8”= 1“-0” 8’4’0’16’ PRELIMINARY LANDSCAPE PLAN AND SECTIONS 10.05.18PERIMETERBUFFERSECTIONFACINGWEST Meridian City Council Meeting Agenda October 16, 2018 – Page 377 of 419 1 2 35 4 30’-6” T.O. PARAPET 33’-0” T.O. CORNICE CORNICE - CHARCOAL’ ROLL-UP DOOR - GRAY’ DOCK SCREEN WALL - CONCRETE ‘NATURAL FINISH’STEEL TRELLIS - CHARCOAL’ CONCRETE COLUMN- NATURALFINISHCOMPACTORSTRANSFORMER EGRESS DOORS TO MATCH ADJACENT WALL COLOR LED WALL PACKS Meridian City Council Meeting Agenda October 16, 2018 – Page 378 of 419 1 2 35 4 30’-6” T.O. PARAPET 33’-0” T.O. CORNICE CORNICE - CHARCOAL’ ROLL-UP DOOR - GRAY’ DOCK SCREEN WALL - CONCRETE ‘NATURAL FINISH’STEEL TRELLIS - CHARCOAL’ CONCRETE COLUMN- NATURALFINISHCOMPACTORSTRANSFORMER EGRESS DOORS TO MATCH ADJACENT WALL COLOR LED WALL PACKS Meridian City Council Meeting Agenda October 16, 2018 – Page 379 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 380 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 381 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 382 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 383 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 384 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 385 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 386 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 387 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 388 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 389 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 390 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 391 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 G Project File Number: H-2018-0042 Item Title: Community Development Report: Findings of Fact, Conclusions of Law — Timber Creek Recycling by Michael Murgoitio, Located at 7695 S. Locust Grove Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.G. Presenter: Estimated Time f or P resentation: Title of I tem - C ommunity Development Report: F indings of F act, C onclusion of L aw for T imber Creek Recycling (H-2018-0042) by M ichael M urgoitio, Located at 7695 S. L ocust Grove Rd. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 10/12/2018 E xhibit B E xhibit 10/12/2018 F indings per 9/18/18 direction Findings/Orders 10/12/2018 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 10/12/2018 - 3:57 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 392 of 419 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 O c t o b e r 1 6 , 2 0 1 8 – P a g e 3 9 3 o f 4 1 9 Staff recommended added/modified DA provisions: 1. Modify provision #4.8 (pg. 5) as follows, “Operate Timber Creek Recycling on the portion of the Property (“Recycling Property”) outlined on the site plan (“Site Plan”) attached hereto as Exhibit “C” and incorporated herein, as is currently conducted or may be conducted in the future, whether under the name of Timber Creek Recycling or another name or entity, for a maximum period of ten (10) years from the date of Council approval of the amended signed DA, after which all uses associated with the facility shall cease and all materials, equipment, structures, site modifications, etc. associated with the use shall be removed and the site reclaimed to its former agricultural use/condition. 2. Modify provision #5.2.2, Screening (pg. 7), as follows, “The Recycling Materials, before and after processing, may be screened. Screening of any Recycled Materials may including the use of conveyors, trommels, hopper boxes, air systems, loaders and another other equipment necessary to screen the Recycled Materials Property shall be screened sufficient to block the view of the processing facility, including materials stored on the site, from S. Locust Grove Rd. and W. Columbia Rd. prior to commencement of the proposed expanded use; the buffer area shall result in a barrier that allows trees to touch at the time of tree maturity and contain a mix of evergreen and deciduous trees, shrubs, lawn, or other vegetative groundcover;” 3. Modify provision #5.2.4, Composting, as follows: “The Recycling Materials may be composted on the Recycling Property and transported from the Recycling property for soil amendment, agricultural uses or otherwise, and may be sold on the Recycling Property or to third parties. Compost piles shall be maintained in a manner that does not cause or create a nuisance condition including, but not limited to, odor, other nuisance and/or other conditions relative to insects or disease that affect neighboring properties, cause harmful vapors or constitute a risk to the environment or public health and safety as set forth in Meridian City Code 4-1-10.” 4. Modify provision #5.2.5, Storing of Recycling Materials, as follows: “The Recycled Materials, both before and after processing, may be stored on the Recycling Property and on the balance of the Property. The facility and all associated grounds shall be maintained in an orderly manner to keep them from becoming a public nuisance as defined in Meridian City Code (MCC) 4-2-1; procedures and penalties for general nuisances are listed in MCC 4-2-4.” 5. Modify provision #5.3.3, Compliance with all federal, state, and locate entities with jurisdiction, including, but not limited to, DEQ Department of Environmental Quality, Department of Agriculture, and Central District Health Department, U.S. Environmental Protection Agency, U.S. Department of Agriculture, the Ada County Air Quality Board, the, and the Idaho Department of Water Resources,. Timber Creek may shall take any action to: (a) Comply with conditions imposed on it by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction relating to the Recycling Materials or the Recycling Activities; (b) Comply with the rules and regulations relating to the Recycling Materials or the Recycling Activities which may be adopted, revised or re-interpreted by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction; and (c) Cure or correct deficiencies or issues identified by the Department of Environmental Quality, the Department of Agriculture or the Central District Health Department any and all of aforementioned entities with jurisdiction. EXHIBIT B Meridian City Council Meeting Agenda October 16, 2018 – Page 394 of 419 6. Modify provision #6.3.2 Landscaping as follows, “Timber Creek will install trees and other landscaping features on the Recycling Property, as is depicted on the Site Plan, to mitigate the sound generated on the Recycling Property by the Recycling Activities. Said landscaping will shall be installed within one (1) year from the date of this Agreement prior to commencement of the proposed expanded use. Timber Creek shall provide notice to the City when the landscaping set forth on the Site Plan as required in provision #5.2.2 Screening has been installed.” 7. Modify provision #6.5 Dust Abatement, as follows: “Timber Creek Recycling will take commercially reasonable steps to abate the dust caused by the Recycling Activities as follow: All driveways into and through the facility, and any open area with a driving surface shall be surfaced improved with a dustless material including but not limited to, vegetation, asphaltic pavement, rock, concrete, pavers, bricks or recycled asphalt (i.e. asphalt grindings) in accord with UDC 11- 3C-5B.1. 6.5.1 Water Tank. Maintain a 4,000 gallon water tank on the Property to hold water for dust abatement purposes on the Recycling Property. 6.5.2 Sprinklers. Maintain a sprinkler system on roads and other parts of the Recycling Property as deemed reasonably necessary by Timber Creek to minimize dust caused by Recycling Activities. 6.5.3 Water Trucks. Maintain water truck, tender or buffalo or other similar equipment for dust abatement. Said equipment will be utilized to apply water to unpaved portions of the Recycling Property or the Recycling Materials to minimize dust caused by the Recycling Activities. 6.5.4 Spray Hoses. Spray hoses will be used as part of the Recycling Activities to reduce dust caused by the Recycling Activities. 6.5.5 Wood Flour. Timber Creek Recycling will not accept or process wood flour as part of the Recycling Activities. 8. Delete provision #6.9 Sunset on Composting: “Timber Creek’s use of the Recycling Property for composting, as permitted under this Agreement, shall be reviewed by the City in 2030. As part of the review, City shall: a) consider the development of the property surrounding he Recycling Property, the benefits derived by the community by the composting, and Timber Creek’s compliance with this Agreement; and b) hold a public hearing, with notice as required by the UDC, and permit the public to provide input on whether to continue to permit compositing on the Recycling Property. The City shall determine whether to permit Timber Creek to continue composting on the Recycling Property for another period of ten (10) years under the terms of this Agreement, permit composting with revised conditions, or terminate Timber Creek’s composting on the Recycling Property (unless permitted under the UDC). See recommended changes to provision #4.8. 9. Add provision: “The leaching pond(s) and any other open water pond(s) on the site shall have recirculated water and be maintained such that it does not become a mosquito breeding ground as set forth in UDC 11-3G-3B.8.” 10. Add provision: “All mechanical equipment and operations, power-driven processing equipment and operations, shipping and delivery areas, and other outdoor activity on Property shall be located at least 300 feet from abutting residential districts.” 11. Add provision: “Solid waste shall not be accumulated on Property or upon any street adjacent to Property so as to cause or create a public nuisance from offensive odor, atmosphere or harboring of vectors. Waste shall be managed and maintained in such a manner that it will not be blown, washed or carried to adjacent properties as set forth in Meridian City Code 4-1-10.” Meridian City Council Meeting Agenda October 16, 2018 – Page 395 of 419 12. Add provision: “Burning, incinerating, burying, or any other manner disposing of solid waste or recyclable materials is prohibited on Property as set forth in Meridian City Code 4-1-10.” 13. Add provision: “Timber Creek Recycling shall adhere to all applicable federal, state and local laws and regulations that govern the collection, transporting and disposal of the recyclable material(s) being collected.” NOTE: Prior to Council approval of a signed amended DA for this property, the Applicant shall complete the following: 1) Submit a copy of the Odor Management Plan approved by DEQ referenced in Section 6.2.1 for inclusion as an exhibit in the DA; and 2) Submit a landscape plan the demonstrates compliance with the screening requirements noted in provision #5.2.2 that has been approved by Staff for inclusion as an exhibit in the DA. Meridian City Council Meeting Agenda October 16, 2018 – Page 396 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement for Timber Creek Recycling to Add a Commercial Composting Component to Current Business Operations on the Site, by Michael Murgoitio. Case No(s). H-2018-0042 For the City Council Hearing Date of: September 18, 2018 (Findings on October 16, 2018) A. Findings of Fact 1. Hearing Facts: Following proper notice, on September 18, 2018, the Meridian City Council held a public hearing on a request to modify the development agreement. Following the public hearing, the Council approved the request with only one change to the provisions proposed by the applicant (to section 6.8.2, Development of Adjacent Property, changing “grinding machine” to “processing area”). 2. Process Facts: a. The City Council finds that the parties have fully complied with all applicable notice and hearing provisions. b. A public hearing is required before the City Council on this matter, pursuant to UDC section 11-5B-3(F) and Idaho Code section 67-6511A. c. Newspaper notifications published on: June 29, 2018 d. Radius notices mailed to properties within 1,000 feet on: June 20, 2018 Note: Because the Director deemed the proposed use to be heavy industrial and because of the potential impact on adjacent residential properties, radius notices were sent to property owners within 1,000 feet of the external property boundaries instead of the typical 300 feet in accord with UDC 11-5A-5E.2c. e. Applicant posted notice on site by: July 6, 2018 3. Application and Property Facts: a. Site Address/Location: The site is located at 7695 S. Locust Grove Road, in the southeast ¼ of Section 6, Township 2N., Range 1E. b. Existing Land Use(s): An agricultural based wood recycling business currently operates on this property in the R-4 zoning district. c. Character of Surrounding Area and Adjacent Land Use and Zoning: The properties around this site consist of rural residential and agricultural land zoned R-4 in the City, and RUT & Meridian City Council Meeting Agenda October 16, 2018 – Page 397 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 2 - RR in Ada County. d. History of Previous Actions: This property was annexed in 2015 as part of the South Meridian annexation application (H-2015-0019). A development agreement (DA) was required as a provision of annexation, recorded as Instrument No. 2016-007075. At the time of annexation, the Applicant was operating a recycling business on this site in Ada County; the existing use was allowed to continue with annexation into the City under the terms described in the DA – no change in the uses specified in the DA are allowed without modification of the agreement. e. Owner: Gary Murgoitio 6575 S. Locust Grove Rd. Meridian, ID 83642 f. Applicant: Michael Murgoitio 2623 S. Hillis Place Meridian, ID 83642 g. Representative: Same as Applicant B. Conclusions of Law 1. The City of Meridian exercises herein 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. This approval is subject to compliance with all provisions of the modified development agreement, which are incorporated herein by reference. The conditions in the modified development agreement are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. 4. Neither Idaho Code section 67-6511A, nor UDC section 11-5B-3(F) require specific findings of fact in order to permit modification of a development agreement; rather, these provisions require compliance with notice and hearing provisions. 5. A development agreement is a voluntary contract between two parties. The City is specifically authorized by Idaho Code § 67-6511A to enter into, and modify, development agreements. C. Decision and Order: Pursuant to the City Council’s authority as provided in Idaho Code section 67- 6511A, nor UDC section 11-5B-3(F) and based upon the above Findings of Fact which are herein adopted, it is hereby ordered that the applicant’s request for a modification to the existing development agreement is hereby approved. Meridian City Council Meeting Agenda October 16, 2018 – Page 398 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 4 - By action of the City Council at its regular meeting held on the ___________ day of ________________, 2018. COUNCIL PRESIDENT JOE BORTON VOTED_______ COUNCIL VICE PRESIDENT LUKE CAVENER VOTED_______ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED_______ COUNCIL MEMBER TY PALMER VOTED_______ COUNCIL MEMBER TREG BERNT VOTED_______ COUNCIL MEMBER GENESIS MILAM VOTED_______ MAYOR TAMMY de WEERD VOTED_______ (TIE BREAKER) Mayor Tammy de Weerd Attest: _______________________________ C.Jay Coles City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:__________________________________ Dated:________________________ City Clerk’s Office Meridian City Council Meeting Agenda October 16, 2018 – Page 400 of 419 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0042 - 3 - D. Notice of Applicable Time Limits: When approved, the modified development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the City Council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six (6) month approval period. 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. Meridian City Council Meeting Agenda October 16, 2018 – Page 399 of 419 I TEM SHEET C ouncil Agenda I tem - 8.I . Presenter: Bill Nary Estimated Time f or P resentation: 5 minutes Title of I tem - Approval of Collective L abor Agreement between the C ity of M eridian and L ocal 4627 C lick here to view agreement - updated 10/16 C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/11/2018 - 12:53 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 410 of 419 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 91 Project File Number Item Title: Approval of Collective Labor Agreement Meeting Notes: Between the City of Meridian and Local 4627 9 APPROVED COLLECTIVE LABOR AGREEMENT between CITY OF MERIDIAN and MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 L�EIDA 0 IDFZ IAN, -- Effective IF 411010k v October 16, 2018 — September 30, 2020 TABLE OF CONTENTS AGREEMENTPREAMBLE.......................................................................................................... l ARTICLE1 —RECOGNITION ......................................................................................................1 ARTICLE2 — DISCRIMINATION................................................................................................1 ARTICLE3 — PREVAILING RIGHTS..........................................................................................2 ARTICLE 4 — MANAGEMENT RIGHTS.....................................................................................2 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF......................................3 ARTICLE6 — UNION BUSINESS................................................................................................3 ARTICLE 7 — REDUCTIONS IN FORCE.....................................................................................4 ARTICLE 8 — CITY AND DEPARTMENT POLICIES AND PROCEDURES ............................4 ARTICLE9 — INSURANCE..........................................................................................................5 ARTICLE10 — SICK LEAVE........................................................................................................6 ARTICLE I I — INJURY LEAVE/WORKERS COMPENSATION LEAVE .........................8 ARTICLE 12 — VACATION—EMERGENCY, WELLNESS & HOLIDAY LEAVE ...................9 ARTICLE13 — RELIEF PERSONNEL........................................................................................13 ARTICLE14 — VACANCIES.......................................................................................................13 ARTICLE15 — PROMOTIONS...................................................................................................14 ARTICLE 16 — GRIEVANCE PROCEDURE..............................................................................16 ARTICLE 17 — NO STRIKES — NO LOCKOUT........................................................................19 ARTICLE 18 — UNIFORM ALLOWANCE AND ISSUED EQUIPMENT................................19 ARTICLE 19 — HOURS OF WORK AND DESIGNATED WORK HOURS .............................20 ARTICLE 20 — BEREAVEMENT LEAVE.................................................................................22 ARTICLE 21 —ADDITIONAL DUTY AND COMPENSATION..............................................22 ARTICLE 22 — SHIFT WORKING OUT OF CLASSIFICATION.............................................23 ARTICLE23 — STAFFING..........................................................................................................24 ARTICLE24 — COMPENSATION..............................................................................................26 ARTICLE 25 — ALCOHOL & DRUG POLICY..........................................................................26 ARTICLE 26 — HEALTH AND WELLNESS..............................................................................26 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK.........................................................27 ARTICLE28 — SAVINGS CLAUSE...........................................................................................28 ARTICLE 29 — EFFECTIVE DATE............................................................................................28 APPENDIX "A" — Compensation Schedule APPENDIX `B" — Drug and Alcohol Policy APPENDIX "C" — Issued Equipment APPENDIX "D" - CITY's Contribution for FYI medical, dental, vision, and post -employment health I AGREEMENT PREAMBLE 2 The City of Meridian, hereinafter referred to as the CITY, and the Local #4627 3 International Association of Firefighters, hereinafter referred to as UNION, with the 4 Management of the Fire Department, empowered by the CITY, to the Fire Chief, hereinafter 5 referred to as DEPARTMENT; in order to increase the general efficiency within the Fire 6 Department, to maintain existing harmonious relationship between the DEPARTMENT and its 7 employees, and to promote the morale, rights, and well-being of the employees of the Fire 8 Department, hereby agree as follows: 9 ARTICLE 1— RECOGNITION 10 Pursuant to Title 44, Chapter 18, Section 1, Sub -section 1 (44-1801(1)) of the Idaho 11 Code the CITY recognizes the UNION as the exclusive bargaining agent for all firefighters as 12 defined by said code excluding any clerical support staff. 13 This Agreement shall apply, currently, but not be limited to the following: 14 1.1 Twenty -Four (24) hour per shift Suppression Firefighters of the Meridian Fire 15 Department 16 These employees currently work shifts defined by Article 19.1. The positions 17 incorporated by this Agreement are for Probationary Firefighter, Firefighter (I, II, and Senior 18 Firefighter) Engineer, Captain -Suppression, and Battalion Chief. 19 1.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department 20 These employees currently work a shift as defined in Article 19.2. The position 21 incorporated by this Agreement are Recruit Firefighter, Captain -Fire Inspector, Captain - 22 Training, and may include Suppression Firefighter personnel that are assigned on a temporary 23 basis for training, administrative assignment, or light duty. Temporarily assigned personnel 24 will not be required to flex their forty (40) hour per week schedule, as defined in Article 19.2, 25 without mutual consent by the individual and the department. Temporarily assigned personnel 26 shall not have their vacation or sick leave converted pursuant to Article 12. 1, but will only 27 accrue vacation and sick leave at the forty (40) hour per week employee rate during the 28 temporary assignment. 29 ARTICLE 2 - DISCRIMINATION 30 There shall be no discrimination against, intimidation, or harassment of any employee 31 by either the CITY, DEPARTMENT, or UNION or any employee acting on behalf of the Signed Collective Labor Agreement — Page I of 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 UNION, because of the employee's membership or non -membership in the UNION or by virtue of his/her holding office or not holding office in the UNION. The CITY and the UNION agree that neither shall discriminate against or harass any employee or prospective employee with respect to his/her compensation, terms, conditions, or privileges of employment because of such employee's race, color, religion, sex, national origin, age, gender identity, gender expression, sexual orientation, or other factors which do not constitute a bona fide occupational requirements. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. ARTICLE 3 — PREVAILING RIGHTS All rights, privileges and benefits held by the firefighters at this time which are not included in this contract shall remain in force, unchanged and unaffected in any manner unless agreed to and memorialized in writing by both parties to the Agreement, provided that the Management of the Department may change or cancel any such right, privilege or benefit 1) temporarily to accommodate an emergency situation; or 2) when shown to be a necessity for the best interest of the CITY or the DEPARTMENT, provided further that any change, cancellation or alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the purposes of harassment, or in a manner resulting in disparate treatment, and must be with just cause by Management. Any change shall be subject to the Grievance Procedure. Nothing in this Article is intended to supersede the CITY's obligation to negotiate pursuant to the provisions of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this Agreement. ARTICLE 4 — MANAGEMENT RIGHTS The DEPARTMENT shall have the exclusive right to exercise the regular and customary functions of management, subject to the provisions of this Agreement and consistent with applicable law and regulations, including, but not limited to: Determining the DEPARTMENT'S financial, budgetary, accounting and procurement policies and procedures; Directing the activities and operations of the DEPARTMENT; Determining the levels of service and methods of operations; To create and oversee Department policies, Standard Operating Guidelines (SOG's), and Emergency Operating Guidelines (EOG's) not inconsistent with any other terms of this Agreement. The introduction of new equipment; The right to hire, lay-off, transfer and promote; To discipline and discharge employees for cause; To determine Signed Collective Labor Agreement — Page 2 of 29 I work schedules and assign work; To determine job qualifications and training requirements; To 2 take whatever action may be necessary to carry out its mission. Provided that nothing in this 3 Article shall nullify: (1) Any provisions elsewhere in this agreement, or (2) The CITY's 4 statutory obligation to negotiate with the UNION Pursuant to Chapter 18, Title 44, Idaho Code. 5 Any change or cancellation of any such right or privilege that is provided within Idaho Code 6 shall be subject to the grievance procedure. 7 The terms hereof are intended to cover only minimums in wages, hours, working 8 conditions, benefits, and other terms and conditions of employment. The CITY may place 9 temporary superior wages, hours, working conditions, benefits and other terms and conditions 10 of employment in effect and may reduce the same to the minimums herein prescribed. 11 This Article shall not preclude the UNION and the CITY from meeting during the period of the 12 contract to either (1) discuss procedures for avoiding grievances and other problems, or (2) 13 generally improving relations between the parties. 14 ARTICLE 5 — UNION DUES, FEES and ASSESSMENT CHECK OFF 15 The CITY agrees to deduct authorized union dues, fees and assessments in amounts 16 specified by the authorized officer of the UNION, from the pay of the UNION employees upon 17 written authorization. The CITY further agrees to transmit those amounts monthly to the 18 UNION. The UNION agrees to certify to the CITY the amount of authorized dues, fees and 19 assessments. The CITY will show deductions of dues, fees and assessments on the employee's 20 monthly check stubs. 21 ARTICLE 6 — UNION BUSINESS 22 Firefighters elected to UNION office shall be granted time off to attend functions, 23 conventions and seminars within the State of Idaho, provided that the Deputy Chief of 24 Operations, or the Fire Chief in his/her absence is given seventy-two (72) hours' notice and 25 approves such leave and the request does not incur overtime upon the Department. This can be 26 accomplished by the employee utilizing trades with other employees, or utilizing vacation time 27 pursuant to Article 12. UNION shall be allowed to hold meetings within CITY Fire Stations. 28 By mutual consent a meeting may be held at one station as schedule and workload allows. The 29 CITY shall always maintain authority over the use of its stations. Signed Collective Labor Agreement — Page 3 of 29 I ARTICLE 7 — REDUCTIONS IN FORCE 2 Reductions in force shall be established by a resolution of the City Council. If a 3 reduction in force is directed then it shall be done based upon seniority within each section 4 Twenty -Four (24) or Forty (40) hour that is to be reduced. 5 Seniority in the Meridian Fire Department is established at the time of hiring and is 6 determined by date of hire, if the same then by cumulative test scores, and if still tied then by a 7 coin toss. 8 No new employees, in either twenty-four (24) or forty (40) hour per week positions as 9 covered by this Agreement will be hired until the released employees have been given the 10 opportunity to return to work. When positions become available then released personnel shall 11 be re -hired in the inverse order they were released. 12 ARTICLE 8 — CITY AND DEPARTMENT POLICIES AND PROCEDURES 13 The policies and procedures of the CITY and DEPARTMENT relating in any way to 14 wages, hours and/or conditions of employment pursuant to Chapter 18, Title 44, Idaho Code 15 shall be made a part of this Agreement. When considering the prevailing order of preference 16 of applicable laws and policies the parties shall all be bound by the following hierarchy: 17 1) All laws; Federal, State, and City; 18 2) The Collective Bargaining Agreement between the parties; 19 3) DEPARTMENT policy; 20 4) CITY Policy. 21 It shall be the responsibility of the UNION to notify the CITY, through the Fire Chief, 22 regarding any CITY policy or procedure that in the opinion of the UNION requires bargaining 23 as defined in Chapter 18, Title 44. If the CITY is considering revising an existing or creating 24 a new citywide employment policy or procedure then the following shall occur: 25 1) The CITY will notify the UNION in writing of the change that is being considered to 26 a citywide employment policy or procedure; 27 2) The UNION may provide written comment for consideration prior to the policy or 28 procedure being adopted; 29 3) The CITY may consider and accept or reject the UNION's recommendation; 30 4) The CITY will notify the UNION with the final proposed policy or procedure; 31 5) From the date of the notice the UNION has 30 days to file a written objection with 32 the CITY and request negotiation of this policy or procedure; Signed Collective Labor Agreement — Page 4 of 29 1 6) The parties may negotiate and any conclusion that is reached shall be memorialized 2 in an MOU with the UNION; or 3 7) If no objection is filed the policy or procedure shall be effective for the UNION. 4 ARTICLE 9 — INSURANCE 5 The CITY shall pay the equivalent cost of medical/dental/vison coverage for employees 6 as it does for all other City employees, along with the benefit of the tobacco waiver option that 7 is currently offered by the CITY. This amount may be applied to medical, dental, vision, or 8 post -employment health benefits by the UNION through their own provider. For 2019 it shall 9 be pursuant to APPENDIX "D" as attached to this Agreement. The rates for 2020 will be set 10 with the FY20 budget and will be amended by reference with a new schedule. The UNION 11 shall be responsible to provide all the necessary information to the City to transmit the 12 payments to their provider(s). Each employee participating in the NWFFT medical plan shall 13 also have a VEBA account established in his or her name. The VEBA will be accessible while 14 actively employed and after separation from employment in accordance with IRS rules. Should 15 an employee's eligible dependent status changes mid -year, the City will increase or decrease 16 the employer's contribution per the tier that the employee transitions to based upon a 17 significant life event. 18 In addition the CITY shall also pay 100% of the employee premiums for EAP, life and 19 short & long-term disability insurance. 20 9.1 Line of Duty Death Benefit 21 If a Firefighter dies in the line of duty as determined by the United States Department 22 of Justice, in addition to other benefits that are available for a firefighter who dies in the line of 23 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, 24 State Worker's Compensation, or the Public Employees Retirement System, the CITY agrees 25 to pay the following benefits: 26 1) Cash value of 100% of the accumulated sick leave up to a maximum of 720 hours 27 remaining to the survivor of the firefighter; either to the spouse, or dependent children at the 28 survivor's choice; paid in one lump sum to the party or their designated trustee or 29 representative. 30 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 31 term life and $50,000 accidental death benefit. 32 Signed Collective Labor Agreement — Page 5 of 29 1 9.2 - Post Employment Benefit 2 When a firefighter retires from active duty, by qualifying under the rules existing under 3 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any 4 method in existence at the time of retirement allowed by PERSI, the CITY agrees to pay the 5 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining 6 for that firefighter to them at the time of their retirement. 7 9.3 Voluntary Health Insurance and Benefits 8 There shall be established a Firefighter Only Retirement Health Plan between the 9 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical 10 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the 11 fire department that are covered by the terms of this Collective Bargaining Agreement shall be 12 required to be a member of WSCFFMERP by City policy whether they are a member of the 13 UNION or not. 14 At no cost to the CITY, the CITY agrees to deduct the specified amount authorized by 15 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be 16 required to submit plan documents to the CITY with all the necessary information to allow the 17 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual 18 UNION members monthly pay stubs. 19 The deductions by the CITY have to align with the beginning of the City's pay periods 20 and payrolling system. 21 ARTICLE 10 — SICK LEAVE 22 Any twenty-four (24) hour shift employee of the UNION incurring a non -duty sickness 23 or disability which renders them unable to perform their duties shall receive sick leave with 24 full pay within his/her accumulated sick leave time. All twenty-four (24) hour shift employees 25 shall accrue twenty-four (24) hours per month. The maximum time accumulated shall be 1152 26 hours. The accumulated sick leave shall carry over from one contract to the succeeding 27 contract. 28 Any forty (40) hour per week employee of the UNION shall accrue eight (8) hours per 29 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry 30 over from one contract to the succeeding contract. Signed Collective Labor Agreement — Page 6 of 29 I Any UNION employee that transfers from a twenty-four (24) hour shift position to a 2 forty (40) hour per week position or vice versa shall have their accumulated leave adjusted by 3 the following conversion factor. 4 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 5 accumulated leave by .625 6 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 7 accumulated leave by 1.60 8 Any UNION employee, whose employment with the CITY is voluntarily separated 9 from employment, but not by PERSI retirement, shall be paid, at their regular wage rate, for 10 10% of their accrued sick leave at the date of separation. If an employee is involuntarily 11 terminated by the CITY, excluding workforce reduction, no pay will be given. 12 Any UNION employee unable to perform their duties for more than four (4) 13 consecutive shifts for twenty-four shift employees and three (3) consecutive days for forty 14 hour per week employees due to non -duty sickness or disability may be required to provide 15 medical documentation from their attending physician that states that the employee is unable to 16 perform their regular duties. 17 If the Family Medical Leave Act (FMLA) is going to be needed/or invoked for an 18 employee, they must follow all regulatory requirements. The employee should contact the City 19 Human Resources Department to assure compliance. 20 An employee on medical, injury or incidental leave will not accrue any sick leave 21 benefits for leave that exceed six (6) or more consecutive work shifts for twenty-four hour shift 22 employees or ten (10) consecutive days for for hour per week employees. 23 Due to the change in maximum accruals for both 24 hour shift and 40 hour per 24 week employees in this Collective Bargaining Agreement the City has offered a one-time 25 Buy Back of accrued sick leave to those employees that exceed the new maximum level at 26 the time of signing of this Agreement. See APPENDIX "A" for additional detail. 27 10.1 — Donating of vacation leave and receiving paid time off for catastrophic illness or 28 injuries (FMLA Qualifying) of Firefighters or Family employees 29 UNION employees that suffer a catastrophic illness or injury to themselves or an 30 immediate family member shall be eligible to receive leave time from another employee of the Signed Collective Labor Agreement — Page 7 of 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 UNION to cover any loss of income for the employee's absence from their regularly scheduled duty assignment. The illness and/or injury as well as the qualifying individual must all comply with the requirements of the Family Medical Leave Act and the City Policy to be able to receive this paid time off. UNION employees may donate all of their accrued vacation hours per calendar year. The receiving UNION employee cannot receive more than 480 hours for forty (40) hour per week Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of donated time per calendar year except as allowed by City Policy 4.3.1. Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1 employees are eligible to donate accumulated vacation leave to another employee that has an FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term disability benefits to employees. The paid time off that is necessary for an employee to maintain their pay during this period shall be coordinated with that benefit so that the employee does not receive an excess of their regular pay. All IRS regulations must be followed by any participant in this program. ARTICLE 11— INJURY LEAVE/WORKERS COMPENSATION LEAVE When a firefighter is incapacitated on the job the firefighter shall be entitled to injury leave with full monthly pay without reduction which includes the wage scale in APPENDIX "A", during the time period in which the firefighter is unable to perform their duties as defined within his/her job description, limited to a maximum of twelve (12) months or until such time as the firefighter is accepted for retirement by the current retirement system, whichever comes first. After twelve (12) months the DEPARTMENT and the employee shall address each situation on a case by case basis considering all factors involved i.e. the State Insurance Fund, the employee's physician's diagnosis for recovery, the employee's active participation in healing, and any other relevant factor. During the period of injury leave any Worker's Compensation benefits received by the employee for total or partial temporary disability during the employee's injury leave with full pay shall be turned over to the CITY. All employees on injury leave shall be subject to an examination by a Doctor acceptable to the CITY. The CITY may require recertification by a physician every thirty (30) days. Whenever a firefighter is unable to perform their full duties as a result of a "line of duty" related injury or illness, the firefighter may be required to report to work in a light duty Signed Collective Labor Agreement — Page 8 of 29 I status if management determines that light duty work exists or is available at that time. 2 Management has the right to determine if light duty exists. The CITY has the right to reassess 3 the light duty position every thirty (30) days 4 The DEPARTMENT reserves the right to re -assign work schedules as necessary when 5 assigning light duty. This right shall include, but not be limited to changing days of work, 6 hours of work, and type of work to be performed. If light duty extends beyond the current 7 month (begins in one month and extends into another), the firefighter will only accumulate 8 leave benefits at same accrual rate of a DEPARTMENT forty (40) hour per week employee 9 until light duty ends. When the firefighter returns to regular duty assignment the normal leave 10 benefits will begin to accrue immediately. If the return to duty occurs within the month then 11 the CITY will pro -rate their accrual of leave within that month between a DEPARTMENT 12 forty (40) hour per week employee rate and the twenty four (24) hour shift firefighter rate. 13 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations 14 provided by the Department's contracted physician, the Emergency Responders Health Clinic. 15 Assigned light duty shall in no way endanger, aggravate or prolong the full physical and/or 16 mental recovery of the sick/injured employee. 17 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 18 benefit accrual as previously agreed to or provided for by this agreement or by past practice of 19 the management except for the exceptions as provided within this Article. 20 ARTICLE 12 — VACATION—EMERGENCY—WELLNESS & HOLIDAY LEAVE 21 12.1 Vacation Leave 22 All twenty-four (24) hour shift employees shall accrue paid vacation leave on a 23 monthly basis according to the table below. Maximum hours accrued shall be 614 hours. 24 Once the employee reaches the maximum accrued hours they will no longer accumulate any 25 leave until the hours fall below the maximum accrual. Vacation (24 Hour Shift) Min. Max. Hours per Max. Conversion Years Years Month Accrual Factor 0 2 24.00 614.00 0.625 3 4 26.00 614.00 0.625 Signed Collective Labor Agreement — Page 9 of 29 5 6 28.00 614.00 0.625 7 8 30.00 614.00 0.625 9 10 32.00 614.00 0.625 11 12 34.00 614.00 0.625 13 14 36.00 614.00 0.625 15 16 38.00 614.00 0.625 17 18 40.00 614.00 0.625 19 20 42.00 614.00 0.625 21 22 44.00 614.00 0.625 23 24 46.00 614.00 0.625 25+ 48.00 614.00 0.625 1 All forty (40) hour per week employees shall accrue paid vacation leave on a monthly 2 basis according to the table below. Maximum hours accrued shall be 384 hours. Once the 3 employee reaches the maximum accrued hours they will no longer accumulate any leave until 4 the hours fall below the maximum accrual. Vacation (40 Hour Shift) Min. Max. Hours per Max. Conversion Years Years Month Accrual Factor 0 2 8.00 384.00 1.60 3 4 8.67 384.00 1.60 5 6 9.33 384.00 1.60 7 8 10.00 384.00 1.60 9 10 10.67 384.00 1.60 11 12 11.33 384.00 1.60 13 14 12.00 384.00 1.60 15 16 12.67 384.00 1.60 17 18 13.33 384.00 1.60 19 20 14.00 384.00 1.60 21 22 14.67 384.00 1.60 23 24 15.33 384.00 1.60 25+ 16.00 384.00 1.60 Signed Collective Labor Agreement - Page 10 of 29 I Any UNION employee that transfers from a 24 hour shift position to a 40 hour per 2 week position or vice versa shall have their accumulated leave adjusted by the following 3 conversion factor. 4 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift — Multiply 5 accumulated leave by .625 6 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift — Multiply 7 accumulated leave by 1.60 8 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 9 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 10 vacation. 11 Vacation Leave usage shall be governed by departmental policy. Vacation leave may 12 be granted at any time, up to and including the day requested, as long as no more than three 13 firefighters have been granted vacation leave on the requested day. If the formula listed below 14 changes the number of allowed firefighters to be take vacation on a given day then the higher 15 number shall control. Vacation leave will be granted for a minimum four (4) hours. 16 The number of firefighting personnel that shall be permitted to use vacation leave per 17 shift shall be determined by the following formula: 18 The number of budgeted positions per shift (to include firefighters, engineers, captains, 19 and battalion chiefs) divided by 6.5. (Example: (20 ff s on a shift divided by 6.5 = 20 3.07). 21 The minimum number of firefighters permitted to use vacation leave shall not be lower 22 than 3 per shift. The increase of an additional firefighter utilizing vacation leave on a shift 23 shall not change until the quotient of the formula meets or exceeds the next whole number. 24 Additional personnel may be permitted to use vacation leave if it will not cause 25 additional overtime to the DEPARTMENT and is approved by the Battalion Chief. 26 NOTE: Firefighters who are promoted to any non -UNION position shall retain their existing 27 accrued vacation and sick leave. The employee shall then be subject to the accrual rates 28 pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals based 29 upon years of service with the City of Meridian. The CITY shall convert the hours of the 30 employee consistent with the conversion factor listed in this Agreement. Any employee that 31 has hours in sick leave or vacation leave in excess of the amount allowed by City Policy shall Signed Collective Labor Agreement — Page I I of 29 I not accrue any additional sick leave or vacation until their hours have gone below the allowed 2 limits. 3 Due to the change in maximum accruals for both 24 hour shift and 40 hour per 4 week employees in this Collective Bargaining Agreement the City has offered a one-time 5 Buy Back of accrued vacation leave to those employees that exceed the new maximum 6 level at the time of signing of this Agreement. See APPENDIX "A" for additional detail. 7 12.2 Emergency Leave 8 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 9 (4) hours and until the emergency no longer exists and the firefighter can return and perform 10 their job as required. The employee's Station Captain shall have the authority to grant the 11 immediate leave and will contact the Battalion Chief as soon as practical to acquire a 12 replacement pursuant to this Agreement and Departmental policy. 13 An "Emergency" for the purposes of this clause shall be a matter that could not have 14 been anticipated or known prior to the beginning of the employee's shift and should in the 15 discretion of the Station Captain be a matter of concern of great bodily harm to the employee 16 or their immediate family; a matter of great property loss or damage to the employee and 17 should only be granted in the most extraordinary of circumstances. 18 12.3 Wellness Leave 19 Wellness Leave is an incentive offered by the City of Meridian by all of its employees. And 20 employee receiving a wellness leave incentive, pursuant to City polity shall be allowed to 21 submit for the day off under the Department's Vacation Leave policy. 22 12.4 Holiday Leave 23 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 24 holidays listed below and any additional days recognized by the State of Idaho. All holiday 25 time shall be in addition to the employee's accumulated vacation leave, and shall accrue as 26 each holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added 27 to their vacation leave. All employees shall be entitled to ten (10) holidays per calendar year 28 as listed below: 29 NEW YEAR'S DAY LABOR DAY 30 CIVIL RIGHTS DAY COLUMBUS DAY 31 PRESIDENT'S DAY VETERAN'S DAY 32 MEMORIAL DAY THANKSGIVING DAY 33 INDEPENDENCE DAY CHRISTMAS DAY Signed Collective Labor Agreement — Page 12 of 29 I All forty (40) hour per week employees shall NOT receive Columbus Day as a holiday, but 2 shall receive the day after Thanksgiving as a holiday. The forty (40) hour per week employees 3 shall receive all the remaining holidays as listed above. If the designated holiday falls on a 4 weekend then the employee shall take the City designated day as the holiday. 5 ARTICLE 13 — RELIEF PERSONNEL 6 The DEPARTMENT will provide qualified relief personnel with full-time employees. 7 Sufficient relief personnel shall be used to maintain normal coverage of each shift period of 8 vacation, holidays, sick leave, and fire related education. Relief personnel may include current 9 department personnel working out of classification in a higher ranked position, pursuant to this 10 Agreement. 11 ARTICLE 14 - VACANCIES 12 14.1— Entry Level Vacancies 13 Entry level or lateral firefighters shall be determined by a generally accepted standard 14 testing method within the fire service profession. The purpose of the test shall be to establish a 15 hiring list of applicants for firefighter vacancies that may occur. This test shall not limit the 16 DEPARTMENT's ability to set the requirements necessary for hiring for vacancies. 17 Any unfilled firefighter position caused by termination, retirement, promotion or 18 otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be 19 filled from a hiring list of eligible applicants on file for that position. If there is no existing list 20 then entry level positions will be filled after the next available testing. Vacancies must be 21 filled no later than one (1) year from the opening. The final decision regarding the hiring of 22 entry level or lateral firefighter candidates shall be at the discretion of the Fire Chief. 23 14.2 Vacancies above Entry Level 24 Vacancies for the position of Engineer, Captain (Suppression, Training, and Inspector), 25 and Battalion Chief shall be filled from the current ranks of full-time personnel of the Meridian 26 Fire Department. If after the first test is given and there are not enough successful candidates 27 on the initial test, a second make-up test will be given to those initial testing applicants within 28 30 days of completion of the first test. If after the second test is given and there are still not 29 enough successful candidates for these positions, or in the event there are no applicants for 30 either test, management has the right to hire outside of the Meridian Fire Department to fill the 31 open position(s). Signed Collective Labor Agreement — Page 13 of 29 I The Department may have up to thirty (30) days to begin a promotional testing process 2 for an unscheduled vacancy in which no promotional list exists. If no list exists, vacancies for 3 these positions shall be filled with an eligible MFD employee within a maximum of 180 4 days. In the event a list exists, the vacancy will be filled within 30 days. 5 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 6 occupational requirements within the meaning of this Article. 7 ARTICLE 15 — PROMOTIONS 8 Eligibility tests for promotion and newly created positions shall be based on 9 examinations given. To be considered for promotion to Engineer the employee must hold the 10 rank of Senior Firefighter, to be considered for promotion to Captain the employee must hold 11 the rank of Engineer, and to be considered for promotion to Battalion Chief the employee must 12 hold the rank of Captain for a minimum of three (3) years. The employee must complete a 13 Department sponsored development program for the position being tested for (Engineer 14 Development Program, Officer Development Program, or Chief Officer Development 15 Program) OR meet all certificates of completion of the components found within the same 16 current rank specific development program. All promotional lists will become effective on the 17 21" of the month following the completion of the test being given, and will remain in effect for 18 24 months. Employees on a promotional list may elect to transfer their score for any 19 subsequent promotional exam of the same rank, pending a successful Fire Chief s interview, 20 unless the employee chooses to take the new test. If the employee elects to transfer their score, 21 the employee's score will be re -ranked on the new list numerically with the new scores. 22 Examinations will be given a minimum of once every two (2) years for Engineers; and 23 will be given in April or May for each 2 year cycle. Examinations will be given a minimum of 24 once every two (2) years for Captain (suppression) and Battalion Chief; and will be given in 25 April or May for each 2 year cycle. For all other promotional positions identified in this 26 Agreement, testing will be done on an as needed basis. The testing for Engineers will be in 27 odd numbered years and for Captain and Battalion Chief in even numbered years. A notice of 28 impending promotional exam with a designated bibliography and defined scoring criteria for 29 the position(s) being tested shall be provided to all personnel for a minimum of ninety (90) 30 days prior to the test date. The bibliography and defined scoring criteria may be available 31 more than ninety (90) days prior to the initial testing, but the notice of testing must allow for a 32 minimum of ninety (90) days between the notice and the test. Notice shall be provided by a Signed Collective Labor Agreement — Page 14 of 29 I department wide email to all employees of the department and by the posting of notices in each 2 Fire Station and the Administrative office of the Fire Department. 3 If during the pendency of a promotional list an employee is demoted in rank as a part 4 of a disciplinary action the employee's name shall be removed from that list for the remainder 5 of the cycle. Employees shall not be eligible to test for promotion if they have been disciplined 6 which resulted in a suspension without pay or demoted within One Hundred Eighty (180) days 7 of the date of the test. 8 In the event of an opening/vacancy for a position in which there are no qualified 9 candidates on the current promotion/eligibility list of that position, a special test may be given, 10 by mutual consent of both parties, to fill the vacancy/opening. 11 All examinations shall be impartial and shall relate to those matters which will test 12 fairly the candidate's ability to discharge the duties of the position to be filled. 13 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 14 occupational requirements within the meaning of this Article. The DEPARTMENT shall be 15 the sole judge of skills, qualifications and ability. Seniority for promotions will be one (1) 16 point per year of service, up to the maximum of ten (10) points. Seniority points will be added 17 after successful completion of the examination. Promotional examinations shall consist of a 18 written test, assessment center, and two oral boards. The components of the assessment center 19 shall be identified at the time of the announcement of the test. The following formulas will be 20 used to determine the candidate's final score on promotional examinations for Engineer, 21 Captain and Battalion Chief respectively: 22 Engineer's Exam Scoring Criteria: 23 Written test: 40% of overall score; 70% minimum passing score 24 Assessment Center: 30% of overall score; 70% minimum overall passing score for each 25 component 26 Operational Oral Board: 15% of overall score; 70% minimum passing score 27 Chief s Oral Board: 15% of overall score; 70% minimum passing score 28 Captain's Exam (Suppression, Training, and Inspector) Scoring Criteria: 29 Written test: 40% of overall score; 70% minimum passing score 30 Assessment Center: 30% of overall score; 70% minimum passing score 31 Operational Oral Board: 15% of overall score; 70% minimum passing score 32 Chief's Oral Board: 15% of overall score; 70% minimum passing score Signed Collective Labor Agreement — Page 15 of 29 I Battalion Chiefs Exam Scoriniz Criteria: 2 Written test: 20% of overall score; 70% minimum passing score 3 Assessment Center: 50% of overall score; 70% minimum passing score 4 Operational Oral Board: 15% of overall score; 70% minimum passing score 5 Chief s Oral Board: 15% of overall score; 70% minimum passing score 6 The DEPARTMENT shall offer position specific development programs (Engineer, 7 Officer/Chief Officer) every other year at a minimum, meaning Engineer one year and 8 Officer/Chief Officer the following year. It shall be the employee's responsibility to attend 9 when the opportunity is offered. 10 ARTICLE 16 — GRIEVANCE PROCEDURE 11 16.1 — Grievances and Arbitration Process 12 Intent 13 It is the declared objective of the parties to encourage prompt and informal resolution 14 of employee complaints as they arise and to provide recourse to orderly procedures for the 15 satisfactory adjustments of complaints. With regard to the Grievance Section only, working 16 days will mean the days of the week, Monday through Friday, excluding Saturdays, Sundays 17 and Holidays. 18 Election of Procedure 19 Nothing in this grievance procedure prevents any employee and their Supervisor and/or 20 Chief Officer from resolving any grieveable incident prior to the filing of a grievance. The 21 employee may select this grievance procedure as evidenced by the filing of written notice of 22 intent to grieve. 23 Grievance Procedure 24 The following procedures will apply to grievances filed under this procedure 25 A. A grievance is defined as a complaint by one (1) or more members of the UNION, 26 involving the Interpretation or application of this AGREEMENT or written policies and 27 rules of the DEPARTMENT and/or CITY, or disciplinary action. 28 B. Written grievances at this step shall contain the following information: 29 i. A written statement of the specific provisions of this AGREEMENT or other 30 policies or rules alleged to have been violated, misapplied or misinterpreted. 31 ii. A statement of facts as to the manner in which the provision is purported to have 32 been violated, misapplied or misinterpreted. Signed Collective labor Agreement — Page 16 of 29 I iii. The date or dates on which the violation(s) occurred. 2 iv. The specific remedy or adjustment sought. 3 Strict technical compliance with the terms of this Section is not required to preserve the 4 arbitrability or grievability of the grievance. 5 C. The written response by the DEPARTMENT and/or CITY shall contain the following: 6 i. Affirmation or denial of the facts upon which the grievance is based. 7 ii. An analysis of the alleged violation, misinterpretation or misapplication of the 8 AGREEMENT. 9 iii. The remedy or adjustment, if any, proposed by the DEPARTMENT and/or CITY. 10 Strict technical compliance with the terms of this Section is not required to 11 preserve the arbitrability or grievability of the grievance. 12 D. Grievances must be filed with the UNION within fourteen (14) working days after the 13 event giving rise to the grievance. To comply, a Grievance Fact Sheet must be filled 14 out by the grievant and turned into a member of the Grievance Committee. Within five 15 (5) working days after receiving the grievance, the UNION shall notify the Fire Chief 16 of the grievance and provide general information of the grievance to allow the CITY 17 to investigate the grievance for the purposes of providing a timely response should the 18 grievance be found meritorious and pursued by the UNION. 19 E. UNION shall file its written findings for any grievance it supports with the Fire Chief 20 no later than fourteen (14) working days after receiving the Grievance Fact Sheet with 21 the exception of grievances arising from terminations, demotions or suspensions 22 without pay which are referenced in Section B. Termination, Demotion and 23 Suspension without Pay. 24 F. The DEPARTMENT shall provide a written response to be filed no later than ten (10) 25 working days after receiving the filed grievance. Within ten (10) working days after 26 the UNION's receipt of the DEPARTMENT'S written response, representatives of the 27 UNION Grievance Committee and the DEPARTMENT, shall meet and attempt to 28 resolve the grievance. 29 G. If the grievance is not resolved as outlined in Subsection 3e. of this section, and the 30 UNION, with or without the complaining employee, wishes to continue the grievance, 31 the UNION may file a notice of arbitration with the Meridian City Attorney, within 32 thirty (30) working days after receipt of the Fire Chief's written response as outlined Signed Collective Labor Agreement — Page 17 of 29 I in this section, or if the Fire Chief failed to respond, within forty (40) working days of 2 the UNION's filing of its written findings with the DEPARTMENT. 3 Arbitration Procedure 4 A. At the time of filing the notice of arbitration, an arbitration panel may be selected. The 5 arbitration panel members shall not be a current or past elected official or employee of 6 the CITY. The CITY and the UNION shall each select an arbitrator to represent their 7 interests in the arbitration. The panel shall consist of 3 total members. 8 B. If an third member of the arbitration panel cannot be agreed upon, the parties shall, 9 within twenty (20) working days of the filing of the notice of arbitration, send a joint 10 written request to the American Arbitration Association for a list of nine (9) arbitrators 11 from which the two existing panel members shall select the third member of the panel 12 to hear and determine the grievance. The method of selection shall be by alternate 13 striking of names on the list until only one (1) name remains. The one (1) remaining 14 shall be the selected third member, and Lead Arbitrator. The party who strikes the first 15 name shall be determined by the flip of a coin. Written notice of the appointment of the 16 selected Lead Arbitrator shall be signed by both parties and mailed to said arbitrator 17 within five (5) working days after the selection. 18 C. Upon the appointment of the Lead Arbitrator, as hereinabove provided, said arbitration 19 panel shall hold an arbitration hearing at the time and place selected by the panel. The 20 hearing shall be conducted pursuant to the provisions of Chapter 9, Title 7, Idaho Code 21 and the terms and conditions of this AGREEMENT. 22 D. The Arbitration Board shall conduct a hearing and shall render a decision in writing, 23 which shall be final and binding on both parties, subject only to the parties' right to 24 seek vacation or modification to the Arbitration Board award pursuant to the 25 provisions of Chapter 9, Title 7 Idaho Code. The Arbitration Board shall have only 26 such jurisdiction and authority to interpret and apply the provisions of the Agreement 27 as shall be necessary to the determination of the arbitration issue. The Arbitration 28 Board shall not have any power to add or subtract from, modify or alter in any way, 29 the provision of this Agreement. 30 E. The cost of the Lead Arbitrator shall be borne equally between the UNION and the 31 CITY. The parties shall bear the costs of their Arbitration Panel member at their own 32 expense. Signed Collective Labor Agreement — Page 18 of 29 1 16.2 - Termination, Demotion and Suspension without Pay 2 A. The CITY and UNION agree it is in the best interests of all parties to expedite 3 grievances arising from disciplinary action which results in termination of employment, 4 demotion, or suspension without pay. Therefore, grievances that the UNION finds 5 meritorious shall be filed in writing with the DEPARTMENT within thirty (30) 6 calendar days after the date of the incident giving rise to the grievance. The 7 DEPARTMENT will respond in writing within ten (10) calendar days of the date the 8 grievance is filed. 9 B. When the DEPARTMENT terminates an employee, such termination shall be effective 10 upon the date the termination is issued. All other provisions of Section A shall apply to 11 these grievances in regards to due process and the procedure for contesting the action. 12 ARTICLE 17 - NO STRIKES — NO LOCKOUT 13 Upon the consummation and during the term of this Agreement, no employee of the 14 Fire Department covered by this Agreement shall strike or recognize a picket line of any labor 15 organization while in the performance of his/her official duties, in accordance with Idaho Code 16 Section 44-1811. 17 It is mutually agreed that there shall be no strike authorized by the UNION and no 18 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by 19 the grievance procedure set forth herein. No picket line, at or around the City's property, 20 established by any other person or organization shall be sanctioned or honored during the term 21 of this Agreement. 22 The UNION agrees that as part of the consideration for this Agreement, it will, within 23 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow -downs 24 or suspensions of work, instructing their members to work immediately. The UNION agrees 25 that it will not assist employees participating in unauthorized work stoppages, strikes, slow - 26 downs or suspensions of work. For purposes of this section, the term "strike" shall include a 27 cessation or stoppage of work, slow -down, sit-in and picketing of the City's premises. 28 ARTICLE 18 - UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 29 The CITY and the UNION believe that professionalism and pride in the City and the 30 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION 31 believe that the attire of the firefighter and their conformance with professional appearance 32 helps achieve the goals of a superior organization. All uniform and work attire shall be clean Signed follective Labor Agreement — Page 19 of 29 I and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or 2 his designee to determine if an article of clothing is no longer serviceable for wear on duty. 3 The DEPARTMENT shall maintain an inventory of clothing suitable for replacement of worn 4 items. 5 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 6 minimum requirements for station uniform wear. The brand, style, materials and color of 7 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 8 comprised of two (2) UNION employees and one (1) employee of management designated by 9 the Fire Chief. The Committee may recommend changes, but the final decision shall be at the 10 discretion of the Fire Chief. 11 All of the Uniform and Personal Appearance standards shall be governed by mutually 12 agreed DEPARTMENT Policy. 13 18.1 Issued Equipment 14 The CITY agrees to provide the necessary equipment for the Twenty -Four (24) hour 15 per shift Suppression Firefighters to perform their duties. The CITY and the UNION will meet 16 and discuss what tools may be needed for each Suppression Firefighter. For the term of this 17 Agreement the equipment is listed in APPENDIX "C". Once issued the employee shall be 18 responsible to maintain and keep the issued equipment. All items may be required to be 19 produced as part of an inspection. If equipment is lost or damaged, beyond use, in the course 20 of duty it may be returned, if practical, to the department for replacement. If unable to be 21 returned it can still be replaced. If lost or damaged outside of duty use then the firefighter will 22 be required to replace the item at the employee's expense. 23 ARTICLE 19 - HOURS OF WORK AND DESIGNATED WORK PERIODS 24 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire 25 Department 26 The designated work period for all twenty-four (24) hour shift employees covered 27 under this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours. 28 Under the Fair Labor Standards Act (FLSA) 182 actual hours worked (as defined by FLSA) 29 will be paid at the regular hourly rate and ten (10) hours paid at the overtime rate of one and 30 one-half of the employee's hourly rate if no excluded hours under the Act have been taken. 31 Overtime shall also be paid for time worked off the Firefighter's normally scheduled 32 shift, other than a "shift trade." [The highlighted sentence will sunset on September 30, Signed Collective Labor Agreement — Page 20 of 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 2019. As of October 1, 2019 an employee will receive overtime when they exceed the "hours worked," as defined by FLSA in the 24 day work cycle of 182 hoursl The regular work schedule for twenty-four (24) hour shift employees shall be two consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively. No suppression firefighter may work more than seventy-two (72) hours consecutively without specific authorization or direction by the Deputy Chief of Operations, or the Fire Chief in his/her absence. A shift shall be twenty-four (24) hours of duty, starting at 0700 and ending at 0700. For illustrative purposes, the regular work schedule for suppression personnel is listed below with an X representing an on -duty shift and an O representing and off-duty shift. XXOOOOXXOOOO 19.2 Forty (40) Hour per week Firefighting Personnel of the Meridian Fire Department The regular work week shall be forty hours (40) per week and shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. with a one (1) hour lunch break included or as four (4) days per week for a ten (10) hour a day shift at the DEPARTMENT's discretion. Any time worked over forty (40) hours per week shall be paid at an overtime rate of one and one-half of the employee's hourly rate to the next 1/2 hour for the actual hours worked. When circumstances dictate, the Chief reserves the right to flex this schedule to meet the DEPARTMENT's needs. As a courtesy, the affected employee will be given one (1) weeks' notice of the schedule change, unless the change is unforeseen. In an unforeseen circumstance the Chief has the right to change the schedule to meet the need, but once the circumstance is over, the schedule will be returned to normal. 19.3 On Call Pay for Forty (40) per week Firefighting Personnel of the Meridian Fire Department The City recognizes these positions may require the employee to be "on call" for a period of time as determined by the DEPARTMENT. Examples include, but may not be limited to, filling the roles of Fire Investigator or Safety Officer. If an "on call" period is required by the DEPARTMENT, the CITY agrees to compensate the employee, consistent with City Policy 3.4.5, in the following manner: • Regularly scheduled work day- 1 hour per day • Regularly scheduled day off- 2 hours per day • Holidays- 4 hours per recognized holiday per Article 12.4 Signed Collective Labor Agreement — Page 21 of 29 I ARTICLE 20 — BEREAVEMENT LEAVE 2 In the event of a death in the twenty-four (24) hour shift employee's immediate family, 3 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave. 4 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 5 absence at the discretion of the Chief or designee. 6 In the event of a death in the forty (40) hour per week employee's immediate family, 7 they shall be entitled to three (3) consecutive workdays off for bereavement leave Additional 8 leave may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 9 discretion of the Chief or designee. 10 For purposes of this article, immediate family shall be defined as current spouse, 11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws 12 are defined as a father, mother, or grandparents of current spouse, or sister and brother in-law 13 of the employee. Adopted or "step" relationships will be considered same as any other family 14 relationship. 15 ARTICLE 21 — ADDITIONAL DUTY AND COMPENSATION 16 Any firefighter reporting for duty while off-duty shall have all of the benefits that 17 he/she would normally have while on his/her regular tour of duty. All additional compensation 18 accumulated by a firefighter shall be due and payable in their next pay period. 19 21.1 Definition of Overtime, Scheduled Overtime and Compensation 20 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 21 overtime shall be when a firefighter is requested to return to work for any meetings, training, 22 shifts or any other reason deemed necessary by the department that is scheduled or planned. 23 21.2 Definition of Emergency Callback and Compensation 24 Emergency Callback shall be when a firefighter is requested to return to work by the 25 DEPARTMENT at a time that the firefighter was not scheduled to work to address an 26 emergency as determined by the Fire Chief. The examples of this type of Emergency Callback 27 shall be for large scale structure fires, large scale range fires, unusual natural disasters causing 28 the complete extension of the City's resources, etc. Employees accepting an Emergency 29 Callback must be able to meet the response time guideline as per DEPARTMENT policy. 30 The firefighter shall receive a minimum of four (4) hours of pay, from the time they 31 receive the call, for Emergency Callback. Any time worked after the first four (4) hours will 32 be compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for Signed Collective Labor Agreement — Page 22 of 29 I duty while off-duty shall have all of the benefits that he/she would normally have while on 2 his/her regular tour of duty. 3 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 4 rate of pay for all time worked in response to Emergency Callback. 5 21.3 Definition of Mandatory Holdover or Mandatory Return to Duty to Fill Shift 6 Vacancy and Compensation 7 Mandatory Holdover shall be when an employee regularly scheduled duty is extended 8 from the end of the shift by the DEPARTMENT. 9 Mandatory Return to Duty to Fill Shift Vacancy shall be when an employee is ordered 10 to return to duty to fill a shift vacancy as described in DEPARTMENT Policy. 11 Any time worked in either circumstance will be compensated in one-half (1/2) hour 12 increments, rounded up to the next half-hour. 13 As of October 1, 2019 the employee will be compensated at a rate one and one-half 14 times the employee's regular rate of pay for all either instances even if the employee has 15 not exceeded the 182 hours pursuant to FLSA as described in Article 19 for that pay 16 period. 17 21.4 Definition of Overtime for Training 18 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT 19 retains the right to determine which personnel may attend training. 20 ARTICLE 22— SHIFT WORKING OUT OF CLASSIFICATION 21 Any Firefighter or Engineer covered by this Agreement, who has successfully 22 completed the working out of class task book and has successfully passed the testing process 23 for the desired rank, shall be required to assume the duties of that higher ranked position only 24 within their permanently assigned fire house and shift. Float Firefighters or Engineers who 25 have successfully completed the working out of class task book and have successfully passed 26 the working out of class testing process for the desired rank, shall be required to assume the 27 duties of that higher ranked position only within their permanently assigned shift. 28 A Captain who has successfully completed the Battalion Chief working out of class 29 task book and has successfully passed the Battalion Chief working out of class testing process, 30 shall be required to assume the duties of that higher ranked position only within their 31 permanently assigned shift. Signed Collective Labor Agreement — Page 23 of 29 I If an employee were to work in a lower ranked position they would be paid at their 2 current rate, not the lower wage. The utilization of working out of class employees will be at 3 the discretion of the Battalion Chief. 4 Task books shall be requested through the Deputy Chief of Operations. The employee 5 must meet the pre -requisites before a task book will be issued. 6 After an employee submits a completed task book to the Deputy Chief of Operations, a 7 Pass/Fail testing process will take place to include an assessment center exam and interview. 8 After successful completion of the working out of class certification an employee will have the 9 appropriate certification pay added to their base wage as found in APPENDIX "A". 10 At any time an employee may opt out, at their sole discretion, to have their certification 11 removed. Should an employee choose to have their certification removed they will be required 12 to start the process over from the beginning in order to be recertified. 13 The UNION and DEPARTMENT shall further define the working out of class program 14 in a mutually agreed upon manner. 15 22.1 Swing Up 16 A Swing -Up employee is an employee who has successfully passed a promotional 17 exam and has been placed on the current promotional list. Employees on a promotional list 18 must accept and assume the duties of a higher ranked position when it is available on the 19 employee's shift. These employees are eligible to work overtime on a different shift in the 20 higher ranked position. Any employee who refuses a required assignment, or requests to have 21 his/her name removed from the promotional list, shall be eligible for working out of class 22 certification. An employee who is removed from the promotional list for either circumstance 23 will be final, and must retest to be eligible for future promotion. 24 22.2 Working Out of Class Temporary Promotions 25 In the event of a known absence at a suppression rank that will exist for a period of 90 26 days or greater, a current swing up eligible employee will be temporarily promoted to the 27 known vacant position. If no swing up personnel exist, the employee working out of class at 28 the fire house where the absence will occur will be temporarily promoted for the period of the 29 absence. 30 ARTICLE 23— STAFFING 31 The DEPARTMENT maintains the right to assignment and staffing of stations, 32 engines, and companies. Change in assignment may be based on the following criteria; Signed Collective Labor Agreement — Page 24 of 29 1 2 3 4 5 6 I 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 vacancy, seniority, stations available, and re -assignment, but is not limited to only these specified. The method of declaring a vacancy, applicability of seniority, station bidding, and re -assignment shall be determined by Department policy. The Vacancies and Shift Transfers policy shall be negotiated between the UNION and the DEPARTMENT as mutually determined to be needed. The DEPARTMENT retains the final authority for all staffing and shift assignments. Minimum Staffing at each station will be either three (3) or four (4) personnel dependent on the assigned apparatus to the station. Personnel assigned to a station may be used to cross -staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not required to be staffed on a daily basis. Apparatus standards shall be the following: Engine Companies 1 Captain 1 Engineer 1 Firefighter Water Tender Companies 1 Captain 1 Engineer Command Vehicle 1 Battalion Chief Brush Truck Companies 1 Captain 1 Engineer 1 Firefighter Truck Companies 1 Captain 1 Engineer 2 Firefighters Any additional firefighters on staff above the minimum as listed above will be used to increase the staffing of the engines/truck or staff extra apparatus as described above unless the individual has applied and been accepted as part of a mentoring program pursuant to department policy. Whenever circumstances exist that causes an apparatus to fall below that minimum, management reserves the right to re -assign personnel (including select qualified command officers at the Fire Chief's discretion), exercise "Callback", exercise "Holdover", exercise "Working out of Classification", or in extreme emergency circumstances, take an apparatus out Signed Collective Labor Agreement — Page 25 of 29 I of service temporarily until appropriate personnel are available. Stations or Apparatus will 2 only be taken out of service long enough to return the necessary personnel to staff them. 3 As of the effective date of this contract, the Meridian Fire Department operates five (5) stations 4 staffed by an Engine and/or Truck Company as described as above. As future stations are 5 opened, they will be staffed by at least an Engine and/or Truck Company, using this same 6 staffing configuration described above unless mutually agreed to a change by the UNION and 7 the CITY. 8 Advanced Life Support (ALS) Engine or Truck Companies 9 An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum of 10 one (1) licensed paramedic in the State of Idaho. The Department's Policy shall establish the I 1 appropriate number of EMS positions within the DEPARTMENT. The licensed paramedic 12 shall be the person primarily responsible on that Engine or Truck company apparatus to 13 provide ALS response. The DEPARTMENT will attempt to maintain ALS staffing with 14 Firefighter/Paramedics and/or Engineer/Paramedics, however, the Captain may be the Primary 15 Paramedic on an Engine or Truck, if staffing or other situations arise that have caused a 16 shortage of Paramedics for the shift. 17 ARTICLE 24 — COMPENSATION 18 All Compensation for all UNION employees shall be as fixed and set forth in 19 APPENDIX "A", attached hereto. 20 ARTICLE 25 — ALCOHOL & DRUG POLICY 21 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 22 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 23 included in this agreement as APPENDIX `B". It is agreed that changes made to this policy, 24 shall not apply to the UNION without written consent of its members. 25 ARTICLE 26 — HEALTH AND WELLNESS 26 26.1 Health 27 The overall health and wellness of a firefighting force is essential to safely and 28 effectively respond to and mitigate the various emergencies the Department is responsible for. 29 In that spirit, the CITY shall provide mandatory physicals to every Department employee that 30 has an obligation to respond to an incident. The City shall maintain a budget sufficient to 31 allow each employee required to respond to an incident a physical every two (2) years. Signed Collective Labor Agreement — Page 26 of 29 I Employees will be placed on a rotational schedule to be determined and maintained by the 2 DEPARTMENT. 3 The physicals shall be done through the Department's contracted physician, Emergency 4 Responders Health Clinic, that both CITY and the UNION agree upon or his/her designee. 5 The only medical information that the DEPARTMENT shall receive from the physician is a 6 proof of attendance and that the employee completed the required components of the exam. 7 All other documentation and personal medical information shall be directed to the employee 8 receiving the physical and no medical information shall be shared with the CITY by the 9 physician without the individual employee's consent. 10 26.2 Fitness/Exercise 11 The DEPARTMENT and the UNION have developed and adopted a fitness and 12 exercise program for all firefighting personnel. Participation in the program shall be 13 mandatory for all employees that respond to emergency scenes. 14 ARTICLE 27 — REQUEST FOR REDUCTION IN RANK 15 27.1.1 Subject to the following provisions and as set forth below, any fulltime suppression, 16 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD") 17 may request to return to a former fulltime suppression classification of a lower rank than their 18 current classification he/she previously held within MFD. Additionally, if necessitated as a 19 disciplinary measure, the Chief may demote an employee of the UNION to a former position 20 using the same process as outlined in this Article. For the purposes of this Article no current 21 employee may be involuntarily demoted for the purpose of providing an opening for a person 22 requesting a return to a former position held or being demoted. 23 27.1.2 Eligibility 24 An Employee may request to be returned to a prior fulltime suppression of a lower rank 25 than their current rank within the MFD from which he/she previously held. 26 27.2 Process 27 A. A vacancy must exist or be anticipated by promotion, retirement, or separation. 28 B. Any employee requesting a return to a lower rank than their current classification 29 must do so in writing to the Chief or his designee. The written request must: 30 i. List the lower rank requested. 31 ii. List the date served in the former rank. 32 iii. List the preferred date to return to the lower rank. Signed Collective Labor Agreement — Page 27 of 29 I C. The Chief, after consultation with Local 4627 President, shall approve or deny the 2 request to return to a former classification in writing. 3 D. The Chief or his designee may delay the return to a lower rank until there is a 4 vacancy in the requested classification. 5 E. The Chief or his designee may not lay off or demote personnel to create a vacancy 6 for a return to a former classification. But a promotion based upon an existing 7 promotional list will satisfy the creation of a vacancy. 8 F. If two (2) or more requests are made at the same time, preference will be given to 9 any Employee(s) who previously held the requested suppression classification and 10 has greater seniority in the Department. 11 G. If the vacancy is caused by a demotion due to discipline the same process shall 12 apply. 13 27.3 Seniority 14 When an Employee returns to a former classification, the seniority accrued in the 15 position(s) held prior to the return to former classification shall be combined with the time in 16 grade that was accrued in the former classification. (Date of Hire + Time in Grade) 17 Examples: 18 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted 19 to Division Chief of Logistics for 36 months' time in grade and then returns to Captain 20 of Suppression. For purposes of Captain of Suppression seniority, the employee now 21 has 60 months of accrued seniority; 22 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain 23 of suppression for 12 months' time in grade and then returns to Engineer. For purposes 24 of Engineer seniority, the employee now has 72 months of accrued seniority. 25 ARTICLE 28 — SAVINGS CLAUSE 26 If any provisions of this Agreement or the application of such provision should be 27 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or 28 subsequently enacted legislation, the remaining parts or portions of this Agreement shall 29 remain in full force and effect. 30 ARTICLE 29 — EFFECTIVE DATE 31 The Collective Labor Agreement shall become effective October 16, 2018 and remain 32 in full force and effect through September 30, 2020. Signed Collective Labor Agreement — Page 28 of 29 4 Additionally, this agreement may be re -opened at any time for negotiations on any mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho Code. This may include items contemplated within this Agreement that may require amendment or change during the course of this Agreement. DATED AND SIGNED this � day of oG * 6e-iY , 2018. CITY OF MERIDIAN By: TZyX Weerd M IAFF LOCAL #4627, MERIDIAN CHAPTER By:�— Ty ::Zee President APPROVED BY CITY COUNCIL this /% day of �rb 62r' , 2018. ATTEST: By: Jay Co e City Clerk Signed Collective Labor Agreement — Page 29 of 29 p,UGUSr � Oma, O0i1. ZZ ZD o p"° of the" APPENDIX "A" COMPENSATION SCHEDULE This APPENDIX addresses the following positions within the Meridian Fire Department: Recruit — Employee works 40 hour week while attending Fire Academy. Probationary Firefighter — Employee works 24 hour shift. Employee has completed the Fire Academy. Firefighter I — Employee works 24 hour shift. Employee has completed Probationary Firefighter status and promoted to Firefighter I after one (1) year of service on the anniversary of completing the Fire Academy. Firefighter II — Employee works 24 hour shift. Employee has completed two (2) years of service from the anniversary of completing the Fire Academy. Senior Firefighter — Employee works 24 hour shift. Employee has completed three (3) years of service from the anniversary of completing the Fire Academy + successful completion of the DEPARTMENT'S Engineer Development Program [EDP] Engineer — Employee works 24 hour shift. Promotional position that requires testing. Captain of Suppression — Employee works 24 hour shift. Promotional position that requires testing. Captain Fire Inspector/Training Captain — Employee works 40 hour work week shift. Promotional position that requires testing. Battalion Chief — Employee works 24 hour shift. Promotional position that requires testing. Promotions shall take effect on the next pay period following the completion of the time of service Wage Scale: The wages for the regular rate of pay for all positions except the Recruit, Captain Fire Inspector & Captain Training are based upon 2920 hours worked per year. The Recruit, Captain Fire Inspector & Captain Training wage is based upon 2080 hours worked per year. APPENDIX A The job classification and wage rates for employees covered by this Agreement shall be as follows: Job Titles 10/1/2018 (2%) Recruit Hourly $ 17.62 Annual $ 51,436.97 Probationary Hourly $ 18.33 Annual $ 53,521.85 Firefighter I Hourly $ 19.03 Annual $ 55,576.94 Firefighter II Hourly $ 22.35 Annual $ 65,256.74 Senior Firefighter Hourly $ 24.64 Annual $ 71,958.14 Engineer Hourly $ 26.58 Annual $ 77,617.10 Captain of Suppression Hourly $ 29.59 Annual $ 86,403.38 Captain of Fire Inspection/Training Hourly $ 43.62 Captain* Annual $ 90,733.41 Battalion Chief Hourly $ 31.67 Annual $ 92,479.32 *Note: This position has an additional 5% increase more than Suppression Captain All Annual wage listed is based upon hours projected. Wages are paid on actual hours worked. The UNION and the CITY have agreed to negotiate wages for FY20 in 2019. Working Out of Class Pay: All members who have successfully completed the requirements for the working out of class program or are eligible for swing up positions will receive an additional: $1.00 per hour to their base rate of pay The pay shall remain as long as the member maintains his eligibility for working out of class or swing up. APPENDIX A Education or Certification Incentive Pay: All employees that have furthered their education or expertise, at their own expense, and have acquired the following degrees regardless of their major may apply for and receive an additional amount added to the firefighter's base rate of pay. The additional hourly amount shall be based upon the table below. The educational degree shall be from an accredited institution of higher learning. The additional hourly amount shall be added the firefighter's base rate of pay. A firefighter shall only be entitled to one (1) education incentive pay. Pay shall be for the highest degree obtained. Paramedic Pay: All employees that are Licensed Paramedics by the State of Idaho and are operating in a paramedic role for the City of Meridian shall receive the additional hourly amount shall be based upon the table below. This amount shall only be available from Recruit level up to and including Battalion Chief. The additional hourly amount shall be added to the firefighter's base rate of pay. All employees that were hired as paramedics may be required to maintain their license as a continuing job requirement until they reach the Battalion Chief position. At the time of promotion to Captain the employee shall be allowed to drop their Paramedic certification. After that choice, future opportunities to drop Paramedic certification may depend on hiring opportunities for the Department. Based upon the minimum required personnel at the paramedic level, as established by the Department Policy, any paramedic in excess of the number established is eligible to request to drop their paramedic's certification. Anyone that is granted the ability to drop their certification may be reassigned subject to the needs of the Department. The Chief may consider seniority in granting the request. The Chief shall have the sole discretion to grant this request based upon the best needs of the Department. Incentive Pay item FTE Type Rate Annual Pay Associates Degree 24 Hr FTE $ 0.11 $ 321.20 40 Hr FTE $ 0.15 $ 321.20 Bachelor's Degree 24 Hr FTE $ 0.22 $ 642.40 40 Hr FTE $ 0.31 $ 642.40 Master's Degree 24 Hr FTE $ 0.33 $ 963.60 40 Hr FTE $ 0.46 $ 963.60 Certification EMT Advanced 24 Hr FTE $ 0.22 $ 642.40 40 Hr FTE $ 0.31 $ 642.40 MFD Field Training Officer 24 Hr FTE $ 0.75 $ 2,190.00 40 Hr FTE $ 1.05 $ 2,190.00 Paramedic Pay Paramedic Pay 24 Hr FTE $ 1.65 $ 4,818.00 40 Hr FTE $ 2.32 $ 4,818.00 APPENDIX A Vacation Buv-Back [For Fiscal Year 2020 Only (10/1/19-9/30/20 Members shall be eligible to elect to have the CITY buy-back up to fifty (50) hours of their own accrued vacation leave hours. The CITY shall determine when the election must be made, when the payment for the hours will occur, and how it will be paid to the member. The funds would be paid post -tax, so it is the member's responsibility to determine any tax implications for them. The member cannot have the City buy back more hours then they have accrued at the time of the election. When the payment is made by the CITY the member's hours shall be reduced at that time. If the member does not have sufficient hours at the time of the payment then the CITY can reject the election and not make the payment. If the CITY institutes a Vacation Buy -Back for FY20 for general employees that allows for more than 50 hours of buy back then the UNION members may also receive the same benefit. One Time Vacation and Sick Leave Buy Down to Maximum Accruals (2018 only) At the time of the execution of this Agreement the maximum accrual for vacation leave for 24 hour per shift firefighters will be 614 hours and for 40 hour per week firefighters it will be 384 hours. The CITY has agreed to buy down the hours in excess of the maximum accrual for vacation at a 1:1 ratio. The CITY shall determine when the payment for the hours will occur and how it will be paid to the member. The funds would be paid post -tax, so it is the member's responsibility to determine any tax implications for them. At the time of the execution of this Agreement the maximum accrual for sick leave for 24 hour per shift firefighters will be 1152 hours and for 40 hour per week firefighters it will be 720 hours. The CITY has agreed to buy down the hours in excess of the maximum accrual for sick leave at a 3:1 ratio. The CITY shall determine when the payment for the hours will occur and how it will be paid to the member. The funds would be paid post -tax, so it is the member's responsibility to determine any tax implications for them. APPENDIX A APPENDIX "B" DRUG AND ALCOHOL POLICY PURPOSE: To outline the goals and objectives of the City's drug and alcohol testing program and to provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. For the purpose of this policy volunteers are stated as employees. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEE (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, APPENDIX `B". SAFETY SENSITIVE POSITIONS The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. Safety Sensitive positions are those that require an employee to: • Carry firearms • Have custodial responsibility for illegal drugs • Perform emergency medical, lifesaving, and/or fire suppression activities • Have supervision over children in the absence of their parents or adult guardians • Have access to homes and/or businesses in the City • Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury • Work in the water and wastewater systems and their operations • Be required to maintain a Commercial Driver's License (CDL) • Operate heavy machinery Human Resources shall maintain a list of every safety sensitive position that is covered by this policy. POLICY: In recognition of the harmful effects that the use of illegal drugs and the misuse of alcohol can have on employees in the workplace, the City of Meridian has a responsibility to provide and maintain a safe, secure, productive and efficient work environment free of the use, sale or possession of alcohol and controlled substances. The City of Meridian is committed to promoting and maintaining a drug free work environment for our employees, and members of the general APPENDIX B public. Furthermore, the City has an obligation to protect the City's property, equipment, operations and reputation. Being under the influence of alcohol or an illegal drug or improper use of a prescription drug on the job poses serious safety and health risks to the user and to all those who work with the user. The use, sale, purchase, transfer, or possession of an illegal drug in the workplace, and the use, possession, or being under the influence of alcohol in the workplace also poses unacceptable risks for safe, healthful, and efficient operations. This Drug -Free Workplace Policy is not intended to replace or supersede testing, reporting, and procedures mandated by federal and state rules, regulations or laws that relate to the maintenance of a workplace free from alcohol and illegal drugs. The City requires compliance with this policy as a condition of employment for qualified applicants or for continued employment for all City employees and volunteers. AUTHORITY & RESPONSIBILITY: The Human Resources Director shall be charged with interpreting and administering this policy. Supervisors and department heads are responsible to ensure compliance to this policy within their areas of responsibility. PROCEDURES AND RELATED INFORMATION I. PROHIBITED ACTIVITIES A. On -Duty 1. Employees are expected to work alcohol and drug free in order to enable safe and efficient job performance. 2. The use, sale, distribution, manufacture, purchase, transfer, storage, or possession of alcohol or illegal drugs, paraphernalia or the unauthorized use of prescription drugs or any combination thereof, while on City premises, in City vehicles, while operating City equipment, at a job site during work hours or in the scope and course of City employment is strictly prohibited. Any violation of this policy is grounds for disciplinary action, up to and including termination. 3. Employees who report to work and are suspected of being under the influence of alcohol or drugs will not be allowed to drive themselves home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Department Heads will have authority to determine if the possession of alcohol, drugs or paraphernalia is within acceptable circumstances or guidelines. APPENDIX B B. Off -Duty 1. The off-duty conduct of any employee which results in a criminal conviction for the possession, use, sale, manufacture or distribution of illegal drugs will be subject to discipline up to and including termination. 2. Employees who are acquitted will be returned to work with back pay, if applicable. 3. Any employee convicted of violating a criminal drug statute on or away from the workplace must inform the City of such conviction (including pleas of guilty and nolo contendere) within five days of the conviction. Notification must be made to the employee's supervisor or the Human Resources Director. Failure to inform the City subjects the employee to disciplinary action up to and including termination. II. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery. The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made, the City may limit or suspend the work activity of the employee during the period that the medical practitioner advises that the employee's ability to perform his or her job safely may be adversely affected by such medication. Any employee who has been informed by his/her physician that the prescription drug could cause adverse side effects while working must inform his/her supervisor prior to using the medication on the job. B. Employees must not consume prescribed drugs more often than as prescribed by the employee's physician and they must not allow any other person to consume the prescribed drug. III. DISCIPLINE A. Any employee who possesses, distributes, sells, attempts to sell, or transfers illegal drugs on the City of Meridian's premises or while on City business will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in violation of this policy will be subject to discipline up to and including termination. APPENDIX B C. Any employee who is found to be in possession of drug paraphernalia in violation of this policy will be subject to discipline up to and including termination. D. Any employee who is found through alcohol or drug testing to have in his or her body system a detectable amount of alcohol or an illegal drug as defined by this policy will be subject to discipline up to and including termination. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the EAP will not be subject to discipline for participation in the program. If the employee is required to participate in an alcohol and/or drug program the Employee Assistance Program will notify Human Resources when an employee has completed the rehabilitation program. Prior to returning back to work an employee must have a negative test result and after an employee returns to work, he/she will be subject to unannounced drug and alcohol testing for a period of six (6) months. A single positive test result or failure to successfully complete the recommended rehabilitation program will be grounds for disciplinary action up to and including termination. E. Any employee who refuses to submit to an alcohol or drug test under the terms of this policy will be subject to discipline up to and including termination. F. Employees who are required to participate in the City's Employee Assistance Program (EAP) will be subject to termination for the following policy violations: 1. Failure to contact the EAP within five (5) working days after notification of a positive test result. 2. Refusal or unexcused failure to participate in counseling or the EAP program. 3. Abandonment of a treatment program prior to completion and being released. IV. EMPLOYEE ASSISTANCE PROGRAM & SELF REFERRAL A. The City recognizes that alcohol and chemical dependency are highly complex problems that can be successfully treated. Any employee needing help in dealing with these problems is encouraged to use the City's Employee Assistance Program (EAP) and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program. B. Self- Referral 1. Rehabilitation assistance in lieu of discharge may be offered: 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy. Employees who self -refer to the APPENDIX B Employee Assistance Program (EAP) will not be subject to disciplinary action for voluntarily requesting help due to alcohol & drug problems. A request for rehabilitation may not be made in order to avoid the consequences of a positive alcohol or drug test result or to avoid taking an alcohol or drug test when requested to do so under the terms of this policy. 3. To an employee who obtains counseling, evaluation and rehabilitation treatment recommended through the City's Employee Assistance Program (EAP). 4. An employee who is in rehabilitation or who has completed rehabilitation will be allowed to return to work upon presentation of a written release signed by a licensed physician or recognized rehabilitation professional. An employee returning to work after treatment may return to work after taking and passing an alcohol and/or drug test. Employees who undergo a counseling or rehabilitation program will be subject to unannounced testing following completion of such a program for a period of six (6) months. 5. Employees who are referred to outpatient and/or in-patient alcohol or drug rehabilitation will be expected to do so at their own expense, (with the exception of those expenses covered by the City's health insurance program) on their own time or during a leave of absence, covered under the Family Medical Leave Act (FMLA) or during a non -paid leave of absence approved by the City. 6. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy the employee will be sent to the City's EAP program for assessment, and treatment planning. V. EDUCATION A. Supervisors and other management personnel will be trained in: 1. Overall City policy; 2. Detecting the signs and behavior of employees who may be using alcohol or drugs in violation of this policy; 3. Recognizing and intervening in situations that may involve violations of this policy; 4. EAP intervention, procedures and supervisor's role; APPENDIX B Documentation of employee performance and behavior. B. Employees will be trained and informed of. 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy through employee meetings and employee orientation. VI. TESTING PROCEDURES A. PRE-EMPLOYMENT TESTING 1. All applicants given a conditional offer of employment will be required to submit to testing for the presence of alcohol and illegal drugs. The offer of employment is contingent upon a negative alcohol and drug test result. A conditional offer of employment will be rescinded for any applicant who tests positive for the presence of alcohol and/or illegal drugs. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. 3. An applicant will be provided written notice of this policy, and by signature will be required to acknowledge receipt and understanding of the policy. B. REASONABLE BELIEF TESTING 1. An employee will be tested for alcohol and illegal drugs, or the abuse of prescription medication, when the employee manifests "reasonable belief' behavior that would endanger their well-being, as well as the safety of fellow employees or the general public. The basis of suspicion of alcohol or drug abuse may be a specific, contemporaneous event, or conduct - evidencing impairment observed over a period of time. 2. An employee who is tested in a "reasonable belief' situation will be put on administrative leave with pay pending receipt of written tests results and whatever inquiries may be required. C. POST- ACCIDENT TESTING 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four (4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents, that result in: APPENDIX B a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $500. c. Damage to a City vehicle that is estimated to exceed $2000. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation, that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee, the City reserves the right to waive post- accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. RANDOM TESTING 1. Department Heads and employees in sensitive positions will be subject to random alcohol and drug testing. For purpose of this policy, a sensitive position will be defined as a position in which the duties that are performed as a regular part of the job could reasonably expect to affect health, safety and security of other City employees or the general public. 2. Sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; c. Perform emergency medical, lifesaving, and/or fire suppression activities. d. Have supervision over children in the absence of their parents or adult guardians; e. Have access to homes and/or businesses in the City; f. Handle hazardous materials that if mishandled, place City employees and/or the general public at risk of serious injury. 3. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 4. Random tests will be unannounced and occur throughout the calendar year. Random selections will be made by a scientifically valid method that will result in each employee having an equal chance of being tested each time selections are made. The Human Resources Director will APPENDIX B notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled. The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification, the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 5. The annual number of random tests will be no more than fifteen percent (15%) of the average number of employees subject to random testing for alcohol and illegal drugs. 6. In implementing the program of random testing the City shall evaluate periodically whether the numbers of employees tested and the frequency with which those tests will be administered satisfies the City goal of achieving a drug-free work force. E. VOLUNTARY RANDOM TESTING As part of the City's alcohol and drug free workplace program, employees not in designated sensitive positions may volunteer for random testing. Employees who are interested in participating in this program should contact Human Resources to obtain a volunteer random consent form. Participation in this program is not a condition of continued employment with the City and volunteers will be subject to all provisions, conditions and procedures of the random testing policy. F. CDL TESTING In compliance with the Department of Transportation (DOT) ruling 49 CFR parts 40 and 382, pre-employment, random, reasonable belief and post -accident drug and alcohol testing shall be required for employees in positions that require a Commercial Driver's License. VII. DRUG /ALCOHOL SPECIMEN COLLECTION/TESTING PROCEDURES A. Specimen Collection Procedure 1. When a prospective or present employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections. Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis. Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath -testing device (EBT). If an individual is unable to take a breath -test due to a medical condition then a blood test will be administered. APPENDIX B B. Adulteration Or Submission Of Concealed Specimen 1. If during the collection procedure, the collection monitor detects an effort by the prospective employee or an employee to adulterate or substitute a specimen, a second specimen will be requested. If a second specimen is provided, both will be tested. If the second specimen is refused, the collection monitor will inform the Human Resources Director or his/her designee that the donor refused to submit a true specimen. Such substantiated conduct will be considered equivalent to testing positive and the prospective employee will not be offered employment or a present employee will be terminated from further employment with the City. 2. In the event that a prospective or current employee submits a specimen that the laboratory later identifies as a diluted specimen, the City will advise the prospective or current employee of that finding and request that he/she submit a second specimen. Such donors will be advised by the City not to drink any fluids prior to the test. C. Testing and Confirmation 1. The cut-off levels for all Non -Dot testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentration will be on two levels. Any employee who tests above a level of 0.02 BAC and up to 0.039 BAC may be subject to discipline, and will not be allowed to work for at least 24 hours and must have a negative test result before returning to work. Any employee who tests at or above 0.04 BAC is considered to have tested positive and is considered to be under the influence of alcohol. Positive alcohol tests resulting from the breath test will include a confirmatory breath test conducted no later than fifteen (15) minutes after the initial test; or the use of any other confirmatory test can be used that demonstrates a higher degree of reliability. 3. Any specimen that screens positive for the presence of illegal drugs will be confirmed by the Gas Chromatography/Mass Spectrometry (GC/MS) confirmation method. Any employee who tests positive for illegal drugs or prescription medication may request to obtain an independent test using the remaining portion of the urine specimen that yielded the positive result. The retest is at the applicants or employees own expense (unless those expenses are covered by the City insurance program). This APPENDIX B request must be conveyed to the MRO within 48 hours of the employee being notified of the positive test result. 4. During the time the second test is being conducted, the pre-employment selection process for an applicant will be placed on hold. An employee already working for the City will not be allowed to work. If the retest reverses the positive result, the City shall reimburse the cost of the retest and any loss of compensation and benefits that are incurred as a result of the initial positive test results. The City will have no liability to any employee for errors or inaccurate test results. VIII. TEST RESULT NOTIFICATION A. All results received from the laboratory will be forwarded to the office of the accredited collection agency for the purpose of their providing medical review officer services. When a test shows a positive test result the employee or applicant will be contacted by the Medical Review Officer (MRO) and will be given the opportunity to provide an explanation for the positive result. The MRO may choose to conduct employee medical interviews, review employee medical history, or review any other relevant biomedical factors. After the employee has been provided an opportunity to consult with the Medical review officer and the MRO determines that the test is positive the City will be notified. The collection agency will only report results to the Human Resource Director or his/her designee. B. Any employee who is taking a prescription drug that may have been the cause of a positive test result will be asked to provide the name of the medication and the identity of the prescribing physician for verification. If the MRO determines that the positive test result was due to authorized use of prescription medication, he/she will immediately report a negative finding to the Human Resource Director or his/her designee and no further action will be taken. However, if an employee cannot provide a reasonable explanation for his/her positive test result, and the Medical Review Officer (MRO) finds no reason to doubt the validity of the positive test, the Human Resources Director or his/her designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of this policy. IX. REFUSAL Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this policy, will be subject to discipline up to and including termination. X. EFFECT OF TESTING POSITIVE A. Any prospective employee who tests positive for alcohol or illegal drugs will not be offered employment. Any introductory, temporary or seasonal employee who tests positive for illegal drugs or alcohol will be terminated. APPENDIX B B. Any classified employee (as defined under the City of Meridian's employment classifications) that tests positive for alcohol or illegal drugs, will be subject to disciplinary action consistent with the terms of this policy. (Refer to the disciplinary section of this policy). XI. CONFIDENTIALITY All information relating to drug or alcohol testing or the identification of persons as users of alcohol and drugs will be protected by the City as confidential and given out on a need to know basis, unless otherwise required by law, over-riding public health and safety concerns, or authorized in writing by the person in question. XII. CONCLUSION The terms of this alcohol/drug free workplace policy are intended to achieve a work environment where employees are free from the effects of alcohol and/or drugs. Employees should be aware that the provisions of this policy may be revised when necessary. The City anticipates that by implementing an alcohol and drug free workplace policy, its employees will enjoy the benefits of working in a safer, more secure, and more productive work environment. The City also anticipates that the provisions of this policy will help maintain and promote the health, welfare and safety of the general public. BARGAINING UNIT EMPLOYEES (FIRE) The collective labor agreement shall govern the alcohol/drug program/policy for the Fire department employees who are represented by the bargaining unit. Represented employees should refer to the labor agreement, APPENDIX "B". XIII. DEFINITIONS A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine and distilled spirits. B. Applicant: Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of this policy means all property of the City of Meridian including, but not limited to, the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas. The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drugtesting: esting: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. APPENDIX B F. Employee Assistance Program (EAP): A contract -based counseling program that offers assessment, short-term counseling, and referral services to employees for a wide range of alcohol, drug, and mental health problems and monitors the progress of employees while in treatment. G. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug_: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer: An independent licensed physician who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluated all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief. means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is unable to satisfactorily perform his or her job duties due to suspected drug or alcohol impairment. K. Under the influence: means a condition in which a person is affected by a drug or by alcohol in a detectable manner. A determination of being under the influence can be established by a scientifically valid test, such as a breath test or urinalysis. APPENDIX B APPENDIX "C" ISSUED FIREFIGHTING EQUIPMENT Flashlight Streamlight Survivor LED AC Fast Charge Wire/Cable cutters Klein Tools 63050 Plier Shear Cutters, Mechanical Cutter (a "Forbey") TFT: Res-Q-Rench Folding Spanner Multi Tool APPENDIX C APPENDIX "D" CITY'S Contribution for FY19 medical, dental, vision, and post -employment health APPENDIX D Medical Vision Dental Total Employee Only $ 549.45 $ 7.42 $ 42.65 $ 599.52 Employee/Spouse $ 1,093.99 $ 10.98 $ 76.87 $ 1,181.84 Employee/Child $ 768.16 $ 10.98 $ 62.62 $ 841.76 Employee/Children $ 895.75 $ 11.17 $ 78.12 $ 985.04 Employee/Spouse/Child $ 1,295.75 $ 17.11 $ 96.91 $ 1,409.77 Employee/Family $ 1,295.75 $ 17.11 $ 112.16 $ 1,425.02 Data reflects the City Costs associated to each benefit Data obtained from the 2019 Benefits rate sheet APPENDIX D City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 9 H Project File Number Item Title: Real Estate Purchase Agreement — MDC Meeting Notes: Real Estate Purchase Agreement between the City of Meridian and the Meridian Development Corporation for property located at 33 E. Idaho Avenue, Meridian, Idaho known as Old City Hall. [M- I TEM SHEET C ouncil Agenda I tem - 8.H. Presenter: M ayor D e Weerd Estimated Time f or P resentation: 3 minutes Title of I tem - Real Estate Pur chase Agreement between the City of M eridian and the M eridian Development Corporation for property located at 33 E. Idaho Avenue, M eridian, Idaho known as Old City Hall. R eal E state P urchase Agreement f or O ld City Hall property C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Real Estate Purchase A greement for Old C ity Hall A greements / C ontracts 10/11/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/11/2018 - 11:23 A M L egal.B aird, Ted Approved 10/11/2018 - 3:36 P M L egal.J ohnson, Chris Approved 10/11/2018 - 1:37 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 401 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 402 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 403 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 404 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 405 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 406 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 407 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 408 of 419 27. Governing Law. This Agreement is governed by, and construed and enforced in accordance with, the laws of the State of Idaho. IN WITNESS WHEREOF, the parties have executed this Agreement to be effective as of the date first written above. SELLERS: CITY OF MERIDIAN Tammy de er4(Mayor D AUGUS 41011 T 0 cirv, of w �E IDR IANC-- MAHO SEAL A , t, City Of BUYER: MERI DEVELOPMENT CORPORATION y: Dave Winder, Chairman Att�.� ecretary Real Estate Purchase Agreement Page 8 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 10 A Project File Number: H-2018-0052 Item Title: Ordinance No. 18-1793 Meeting Notes: Ordinance No. 18-1793: An Ordinance (H-2018-0052 — Fairbourne Subdivision) For The Re -Zone Of A Parcel Land Located In The Se % Of The Se % Of Section 21 And The SW % Of The SW % Of Section 22 And A Parcel Located In The 3 E % Of Section 21 And The W %2 Of The SW % Of Section 22, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C -C (Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Reside ntia1)(62.41 Acres) Zoning Districts In The Meridian City Code. I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 18-1793: An Ordinance (H-2018-0052 – F airbourne Subdivision) F or T he Re-Zone Of A P arcel L and L ocated In T he Se ¼ Of T he S e ¼ Of S ection 21 And T he S W ¼ Of T he S W ¼ Of Section 22 And A P arcel L ocated In T he 3 E ½ O f S ection 21 And T he W ½ Of T he S W ¼ Of Section 22, Township 4 North, Range 1 West, B oise M eridian, City Of M eridian, Ada County Idaho; E stablish¬ing And D etermining T he L and Use Zoning C lassification From R-15 (M edium High D ensity Residential), R-8 (M edium D ensity Residential) And C -C (Community B usiness) Zoning Districts To C -C (Community Business) (6.48 Acres) And R-8 (M edium Density Residential)(62.41 Acres) Zoning D istricts In T he M eridian City Code. F airbourne S ub Rezone Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F airbourne R ezone Ordinance Ordinance 10/9/2018 F airbourne R ezone Ordinance S ummary Ordinance 10/9/2018 F airbourne Exhibit A E xhibit 10/9/2018 F airbourne Exhibit B E xhibit 10/9/2018 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 10/9/2018 - 3:35 P M L egal.A lbertson, Michelle Approved 10/11/2018 - 1:25 P M Meridian City Council Meeting Agenda October 16, 2018 – Page 411 of 419 ADA COUNTY RECORDER Christopher D. Rich 2018-098362 BOISE IDAHO Pgs=7 BONNIE OBERBILLIG 10/17/2018 11:08 AM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN ORDINANCE NO. 1.8-1.793 BY THE CITY COUNCIL: BERNT, :O' MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2018-0052 — FAIRBOURNE SUBDIVISION) FOR THE RE -ZONE OF A PARCEL LAND LOCATED IN THE SE/40F THE SE/40F SECTION 21 AND THE SW 1/40F THE SW 1/4 OF SECTION 22 AND A PARCEL LOCATED IN THE 3 E 1/z OF SECTION 21 AND THE W 1/z OF THE SW 1/4 OF SECTION 22, TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION FROM R-15 (MEDIUM HIGH DENSITY RESIDENTIAL), R-8 (MEDIUM DENSITY RESIDENTIAL) AND C -C (COMMUNITY BUSINESS) ZONING DISTRICTS TO C -C (COMMUNITY BUSINESS)(6.48 ACRES) AND R-8 (MEDIUM DENSITY RESIDENTIAL)(62.41 ACRES) ZONING DISTRICTS IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit. HBU Investments and MDC, LLC. SECTION 2. That the above-described real property is hereby re -zoned from R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C -C (Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Residential)(62.41 Acres) Zoning District in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. RE ZONE ORDINANCE — FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 1 OF 3 Meridian City Council Meeting Agenda October 16, 2018 - Page 412 of 419 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 4h day of LIL p b py— 2018. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 164,11) day of oInI.TUi'}21� , 2018. MAYOR/TAMMY de WEERD ATTEST: o�P,�Ep AUGUST' V (..I y of CAY CO S, CITY CLERK �.� `E IDI � IDAHD Y W SEAL - RE ZONE ORDINANCE — FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 2 OF 3 STATE OF IDAHO, ) ss: County of Ada ) On this 1(p*day of 0)0,� 10-ei--, 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 Cleric, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ---------------- CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 328/22 ------------ C�q N Notary Public for Idaho ,�, "" n Q / Residing At: `M JtQ1r^�'��`U,Ql � My Commission Expires: 3 -cS 2 RE ZONE ORDINANCE - FAIRBOURNE SUBDIVISION - H-2018-0052 PAGE 3 OF 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1793 PROVIDING FOR RE ZONING ORDINANCE An Ordinance (H-2018-0052 — Fairbourne Subdivision) For The Re -Zone Of A Parcel Land Located In The Se '/4 Of The Se '/4 Of Section 21 And The SW '/4 Of The SW '/4 Of Section 22 And A Parcel Located In The 3 E '/z Of Section 21 And The W '/20f The SW '/4 Of Section 22, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C -C (Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Residential)(62.41 Acres) Zoning Districts In The Meridian City Code. These parcels contain 68.81 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the )61" day of "be_y- , 2018. /:/�� _ i//� QO�p�E� AU�,, v V C& of Mei 'an z Mayor and ty Council W By: C.Jay Coles, City Clerk gym SEAL J���% First Reading:c��TFRo/thoTR�Py Adopted after first reading by suspension of the Ru e 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. 18-1793 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 -I 1 Q 3 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 � �O� day of 0 (�0 e , 2018. h• William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- FAIRBOURNE SUBDIVISION — H-2018-0052 PAGE 1 Meridian City Council Meeting Agenda October 16, 2018 – Page 416 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 417 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 418 of 419 Meridian City Council Meeting Agenda October 16, 2018 – Page 419 of 419 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 18-1793 PROVIDING FOR RE ZONING ORDINANCE An Ordinance (H-2018-0052 — Fairbourne Subdivision) For The Re -Zone Of A Parcel Land Located In The Se '/4 Of The Se '/4 Of Section 21 And The SW '/4 Of The SW '/4 Of Section 22 And A Parcel Located In The 3 E '/z Of Section 21 And The W '/20f The SW '/4 Of Section 22, Township 4 North, Range 1 West, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From R-15 (Medium High Density Residential), R-8 (Medium Density Residential) And C -C (Community Business) Zoning Districts To C -C (Community Business)(6.48 Acres) And R-8 (Medium Density Residential)(62.41 Acres) Zoning Districts In The Meridian City Code. These parcels contain 68.81 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the )61" day of "be_y- , 2018. /:/�� _ i//� QO�p�E� AU�,, v V C& of Mei 'an z Mayor and ty Council W By: C.Jay Coles, City Clerk gym SEAL J���% First Reading:c��TFRo/thoTR�Py Adopted after first reading by suspension of the Ru e 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. 18-1793 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 -I 1 Q 3 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 � �O� day of 0 (�0 e , 2018. h• William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- FAIRBOURNE SUBDIVISION — H-2018-0052 PAGE 1 City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 11 Project File Number: Item Title: Future Meeting Topics Meeting Notes: City Council Meeting Meeting Date: October 16, 2018 Agenda Item Number: 12 Project File Number: Item Title: Executive Session 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 and 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code Meeting Notes: