Loading...
2019-01-15 C I T Y C OUNCI L R EGU L A R M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, J anuar y 15, 2019 at 6:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton (left at 8:06pm) 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 S teve M oor e of Ten M ile C hr istian C hurch 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 J anuary 2, 2019 C ity C ouncil Regular M eeting B. F inal P lat for Vicenza E states S ubdivision No. 4 (H-2018-0133) by Cottonwood D evelopment, LLC , L ocated E ast of N. B lack C at Rd. and North of W. G ondola D r. C. F inal P lat for Vicenza C ommons Subdivision No. 2 (H-2018-0131) by C ottonwood D evelopment, LLC , L ocated E ast of N. B lack C at Rd. and W. G ondola D r. D. F indings of F act, C onclusions of L aw for Rockbur y Townhomes (H-2018-0091) by M ichael Nigh, L ocated North of W. C hinden Blvd. on the West side of N. T ree F ar m Way E. F indings of F act, Conclusions of L aw for T M Crossing E xpansion (H-2018-0122) by S C S B r ighton, LLC , L ocated E ast of S. Ten M ile Rd. on the Nor th side of I -84 F. S econd Amendment to D evelopment Agr eement for B elveal S ubdivision-M D A-H2018-0076 with T T S D evelopments LLC (O WNE R/D EVEL O PER) located at 385 S . L ocust Grove Road, in the NE 1/4 of S ection 18, Township 3 North, Range 1 E ast (P arcel No:S 1118110161) G. Agr eement B etween C ity of M eridian and D I G L I NE H. Approval of Awar d of Q uote and Agreement to Q uality Communications for “Conduit & F iber Install to Homecourt ” for a Not-To-E xceed amount of $83,663.48 I. Approval of Awar d of Request for Q uotes and Agreement to J ohnson C ontrols F ir e P rotection, L P for “F ir e S ystems and S ecurity M aintenance and M onitoring” ser vices for a Not-To- E xceed amount of $114,675.60 J. Approval of C hange O rder No. 2 for Well 28 Water T reatment D esign to M ountain Waterwor ks for a Not-To-E xceed amount of $157,500.00 K. Communtiy D evelopment B lock G r ant B udget Amendment Not to E xceed $422,148 (Net Zero) L. F Y 2019 G r ant C arryfo rwar d Budget Amendment Not to E xceed $747,161 M. F Y 2019 Annual C arryforwar d B udget Amendment Not to E xceed $25,993,966 N. AP I nvoices for P ayment 1/16/19- $2,645,494.44 7. Items M oved F rom T he C onsent Agenda [Action Item] 8. Community I tems/Presentations A. Approval of P ar k Identity P ublic Art P roposal Recommendations [Action Item] 1. C hampion P ark Approved 2. R enaissance P ark Approved B. Approval of M er idian Ar ts C ommission's F ire S tation #6 Request for P r oposals [Action Item] Approved 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. Termination of S eptember 25, 2018 S er vice Agreement M O U - B ike S haring S ervices with Neutr on Holdings, Inc., doing business as L ime Approved B. O rdinance No. 19-1803: Amending T itle 1 C hapter 8, S ections 1, (Appointments B y M ayor) And Adding A New S ection Of T he M eridian City C ode, T itle 1, S ection 8F, S ections 1-2 (Chief Infor mation O fficer /Information Technology D irector); P r oviding for a Waiver of the Reading Rules; and Providing for an E ffective D ate. Approved C. Appointment of D ave T iede as C hief Infor mation O fficer /Infor mation Technology Dir ector Approved D. P ublic Hearing C ontinued fr om D ecember 18, 2018 for L inder Village (H-2017-0088) by Lynx/D M G Real E state, L ocated at the S E corner of N. L inder Rd. and W. C hinden B lvd. Approved 1. R equest: A nnexation and Z oning of 81.51 acres of land f rom the R UT zoning district in A da C ounty to the C-C zoning district (63.796 acres) and the R -8 zoning district (17.713 acres) in the city; and 2. R equest: P reliminary P lat consisting of 16 c ommercial building lots, 1 residential building lot, 2 common lots, and 2 other lots f or future right-of -way dedication on 78.13 acres of land in the proposed C-C and R -8 zoning districts; and 3. R equest: Variance to the UD C 11-3H-4B .2 for 2 accesses via W. Chinden B lvd./S H 20-26 10. D epar tment Reports A. P arks and Recr eation: P roposed P ark Alcohol P ermit O rdinance Change 11. O rdinances [Action I tems] A. O rdinance No. 19-1804: An O rdinance Amending T itle 2, C hapter 6, S ections 2-3, Of T he M eridian C ity C ode, Regar ding D uties, M ember ship And Qualifications F or T he M ember s Of T he S olid Waste Advisor y C ommission P r oviding F or A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. Approved B. O rdinance No. 19-1805: An O rdinance (H-2018-0076 – B elveal S ubdivision) F or T he Re-Zone O f A P ar cel Of L and Within T he Nor theast Quarter O f T he Northeast Q uar ter O f S ection 18, Township 3 Nor th, Range 1 E ast, Boise M er idian, C ity O f M eridian, Ada C ounty Idaho; E stablishing And D eter mining T he L and Use Zoning C lassification F rom L -O (L imited O ffice) Zoning D istr ict To C -C (C ommunity B usiness) Zoning D istrict In T he M er idian C ity Code; P r oviding T hat C opies O f T his O r dinance S hall B e Filed With T he Ada C ounty Assessor, T he Ada C ounty Recor der, And T he Idaho S tate Tax Commission, As Requir ed B y L aw; And P roviding F or A S ummary O f T he O r dinance; And P roviding F or A Waiver O f T he Reading Rules; And P r oviding An E ffective D ate. Approved C. O rdinance No. 19-1806 : An O rdinance Repealing M eridian City Code S ection 1-14-5(B ), Regar ding D isclosure And Disqualification; And P roviding An E ffective D ate Approved 12. F uture M eeting Topics Adjourned at 11:47pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity Clerk's Offic e at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council January 15, 2019. A Meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday, January 15, 2019, 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, Caleb Hood, Clint Dolsby, Shawn Harper, Joe Bongiorno, 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: It's two minutes after 6:00. So, we will go ahead and start our City Council regular meeting. For the record it is Tuesday, January 15th. It's two minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore of Ten Mile Christian Church De Weerd: Item 3 is our community invocation. Here is Pastor Steve Moore with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us, Pastor Steve. Moore: Thank you for the invitation. Heavenly Father, because we are starting this meeting with -- with prayer to you and recognize your presence, we are just reminded that we know that -- that our world is bigger than ourselves and we have limitations. Father, I pray that you would direct this gathering for the sake of our city and our community. Tonight I pray especially for these that -- that serve our community, for people in all kinds of ways that help to keep us safe and -- and make our streets and roads what they are and our parks and -- and, then, these folks that are meeting tonight that -- that carry such a heavy burden. I pray that you would give them clear minds and grateful for -- for what they are willing to do, some as an occupation, some as a part of an occupation, some as a volunteer and all of them hours and hours beyond what they get paid for. So, Meridian City Council Meeting Agenda February 5, 2019 – Page 10 of 736 Meridian City Council January 15, 2019 Page 2 of 102 bless them, God, for that. Father, we are in a city that's -- that's just exploding in population. There is so many decisions facing us and it affects us all in different ways and -- and so we pray for wisdom and good judgment for that to manage all of that. God, we -- we don't know what's ahead this coming year, but we just stop right now everything we are doing to say that we are dependent upon you, in your name I pray, amen. Item 4: Adoption of Agenda De Weerd: Thank you, Pastor Moore. Item No. 4 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were no changes made, so I would move that we adopt the agenda as published. Cavener: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. 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 looks like we had a few people sign up for Item 5. However, each indicated the discussion topic was something that is later on your agenda , which is Item 9-D. So, there were none that were unique to the public forum. Item 6: Consent Agenda [Action Item] A. Approve Minutes of January 2, 2019 City Council Regular Meeting B. Final Plat for Vicenza Estates Subdivision No. 4 (H-2018-0133) by Cottonwood Development, LLC , Located East of N. Black Cat Rd. and North of W. Gondola Dr. C. Final Plat for Vicenza Commons Subdivision No. 2 (H-2018- 0131) by Cottonwood Development, LLC , Located East of N. Black Cat Rd. and W. Gondola Dr. D. Findings of Fact, Conclusions of Law for Rockbury Townhomes Meridian City Council Meeting Agenda February 5, 2019 – Page 11 of 736 Meridian City Council January 15, 2019 Page 3 of 102 H-2018-0091) by Michael Nigh, Located North of W. Chinden Blvd. on the West side of N. Tree Farm Way E. Findings of Fact, Conclusions of Law for TM Crossing Expansion H-2018-0122) by SCS Brighton, LLC , Located East of S. Ten Mile Rd. on the North side of I -84 F. Second Amendment to Development Agreement for Belveal Subdivision-MDA-H2018-0076 with TTS Developments LLC OWNER/DEVELOPER) located at 385 S . Locust Grove Road, in the NE 1/4 of Section 18, Township 3 North, Range 1 East (Parcel No:S1118110161) G. Agreement Between City of Meridian and DIGLINE H. Approval of Award of Quote and Agreement to Quality Communications for “Conduit & Fiber Install to Homecourt ” for a Not-To -Exceed amount of $83,663.48 I. Approval of Award of Request for Quotes and Agreement to Johnson Controls Fire Protection, LP for “Fire Systems and Security Maintenance and Monitoring” services for a Not- To Exceed amount of $114,675.60 J. Approval of Change Order No. 2 for Well 28 Water Treatment Design to Mountain Waterworks for a Not-To -Exceed amount of 157,500.00 K. Community Development Block Grant Budget Amendment Not to Exceed $422,148 (Net Zero) L. FY2019 Grant Carryforward Budget Amendment Not to Exceed 747,161 M. FY2019 Annual Carryforward Budget Amendment Not to Exceed 25,993,966 N. AP Invoices for Payment 1/16/19- $2,645,494.44 De Weerd: Thank you very much, Mr. Clerk. Item 6 is our Consent Agenda. Borton: Madam Chair? De Weerd: Mr. Borton. Meridian City Council Meeting Agenda February 5, 2019 – Page 12 of 736 Meridian City Council January 15, 2019 Page 4 of 102 Borton: Move that we approve the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. 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] De Weerd: There were no items moved from the Consent Agenda. Item 8: Community Items/Presentations A. Approval of Park Identity Public Art Proposal Recommendations [Action Item] 1. Champion Park 2. Renaissance Park De Weerd: So, we will move to Item 8-A under approval of Park Identity Public Art Proposal Recommendations. Coles: Madam Mayor, I believe that Hillary Bodnar was -- or Blackstone was supposed to be here for that. I know she's in the building. I can send her a message and when she is in attendance if we can circle back around. De Weerd: She didn't know we would be so quick, uh? Well -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: We got a procedure? I don't know how to do this, but, Madam Mayor, if you're supportive, we can just move that item to the end of our agenda or to the end of our action items -- never mind. De Weerd: Thank you. So, we are on Item 8-A. Meridian City Council Meeting Agenda February 5, 2019 – Page 13 of 736 Meridian City Council January 15, 2019 Page 5 of 102 Blackstone: Sorry, Madam Mayor, City Council. I'm here to present the two recommendations for Park Identity Public Art Projects. The first piece I would like to share with you is the Champion Park proposal. It is called the Champions Flame and it is submitted by Trademark Signs. So, the intention of the proposal, which was included in your packet, is to kind of capture the -- the spirit of -- or the competitive spirit. It would be about 15 feet tall. The concrete base itself would be something that people can sit on. If they come to the park they could visit and pose on it or take pictur es. As far as the placement of the eventual piece, that's something that the proposer would work out with the Parks Department to make sure that it's in a -- it's in a good place. We also asked the proposer if they would be able to make the interior spirals that -- that are the flame something that would be able to spin and they said that they could do that for us. We invited a member from the neighborhood Champion Park to come and help us score these proposals and she was also in favor of this piece, which I can either move to the next one or stand for questions in between. De Weerd: Council, any questions at this time? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Hillary, I didn't see it on that proposal. How tall is this going to be? Blackstone: Yeah. They didn't include it in their written proposal. They submitted a rendering afterwards when we asked them to clarify the height and it looks about 15 feet tall. They have a six foot person standing next to it th at goes just under kind of halfway up. Palmer: Thanks. Blackstone: Yeah. De Weerd: Any other questions at this time? Okay. Hillary, go ahead. Blackstone: Okay. The next proposal was for Renaissance Park and this proposal is called Eliminations and it is by Ken McCall. Again, all of these are meant to help reinforce the -- the nature and the identity of the parks. So, Ken proposed this kind of archway structure that incorporates aspects that people think of when they think of the Renaissance. So, those include three iconic symbols, including -- here, can I -- I can't control it. It's on my page -- next one. Yeah. So, the Vitruvian man, the creation of Adam, and the grill and pen -- or the quill pen and the Stradivarius violin. So, that's meant to represent kind of science, art, and generally enlightenment, like wanting to learn more things. This would also be -- as far as position in the park, it would also be up to the Parks Department to help guide the final placement, but the position of the three symbols would align in such a way that on the spring equinox, the sun would shine through all of them Meridian City Council Meeting Agenda February 5, 2019 – Page 14 of 736 Meridian City Council January 15, 2019 Page 6 of 102 individually and, then, shine onto a concrete kind of circle on the ground to , again, represent kind of rebirth, spring, everything growing in the springtime. We also tried to contact a representative from Tuscany to come and score, but we weren't able to get someone to come out to that meeting, but this one was very much -- it seemed kind of like a hands down decision by the panel and, then, both the arts commission and parks commission supported both of those recommendations. And the heights on this one were spelled out in there I believe. The tallest piece would be 20 feet tall, the medium piece would be 15 feet tall and the lowest piece would be 11 feet tall and at the widest point it's 14.5 feet across and he has it on a flat panel there, so that both -- all bodied people can experience it, can walk through it, could enjoy kind of seeing the patterns of the light on it and clearly it's not going to look like a flashlight, the sun shining through there, but the point is that those circles would be aligned and, then, kind of highlight something on that concrete circle there and he has it positioned here right at the entrance of the parking lot of the park. Like I said, that's something that the Parks Department would have to verify that it would work well there. De Weerd: Thank you, Hillary. Any questions on -- on this piece from Council? Was there not signage on the first as well? Blackstone: The first one did propose signage, yes, that would help kind of reinforce the signage they proposed. De Weerd: And that's all part of the final cost? Blackstone: Yeah. That sign is part of the final cost. The -- the proposer for this one, Trademark, had misunderstood the way that the taxes worked , whether they were taxed on it, whatnot. So, they actually didn't -- this original price only includes the price of one sign that you see outlined. De Weerd: Okay. Council, any questions? I think the proposals were -- of all three of them for each park or quality -- all of them were really innovative, had a lot of relevancy to the name and bringing an identity to the parks and something that th e -- the -- I think the neighborhood would really embrace. So, these -- these were hands down the favorite by the selection committee and both of the commissions as well. So, part of that -- this is an action item and we are seeking action from the Council on moving these projects forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I appreciate the work of the panel, arts -- the arts commission and the parks and rec's commission review of this and their recommendations as well. S o, with all of that I would move that we approve the park identity art proposal for Champion Park and Renaissance Park as presented. Meridian City Council Meeting Agenda February 5, 2019 – Page 15 of 736 Meridian City Council January 15, 2019 Page 7 of 102 Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Borton: Surprise. In a year that we decided to take the allowable tax increase and given that the -- these two projects represent the entire -- about the entire Meridian city portion of people's property taxes for 160 families, I will be voting against it. De Weerd: Okay. Any other comments or questions? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE NAY. B. Approval of Meridian Arts Commission's Fire Station #6 Request for Proposals [Action Item] De Weerd: Item 8-B is approval of the Meridian Arts Commission Fire Station No. 6 request for proposals. So, Hillary. Blackstone: So, this is kind of the same format that we came to you guys with these Renaissance and Champion Park. We just want to give City Council opportunity to see the project that we would like to see going on. So, the next project that the arts commission would like to pursue for their match funding is a public art project at out Fire Station 6. I worked with Charlie Butterfield to help draft this RFP and, then, the committee also -- that public art committee from the Arts Commission also helped to draft this and it has been approved by the Arts Commission for your review and approval before we release the RFP. De Weerd: Thank you. Council, any questions or comments related to the proposed RFP in front of you? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Hillary, do we have any other art installations at any of our other fire stations or this is the first? Meridian City Council Meeting Agenda February 5, 2019 – Page 16 of 736 Meridian City Council January 15, 2019 Page 8 of 102 Blackstone: This will be the first one. It's something that the Arts Commission would like to try to incorporate art in more places than just the parks, but other city parcels as well. Cavener: Madam Mayor? Hillary, do you anticipate wanting to use them the same amount of dollars that we have expended in the past and the same budgetary number for the fire station as we have done for most of our larger art installations in the parks? Blackstone: So, each installation has been different. For example, the -- the Heroes Park installation was a 72,000 dollar budget. These two coming up are each 40,000 dollar budgets and this is a 30,000 dollar budget. It's kind of about the size of the space, as well as the use of the space. We had asked some other artists that have done similar projects at fire stations and they had said they had seen anything from 20,000 to 50,000. So, we kind of went in the middle there with 30,000 for this first project . Cavener: Madam Mayor? Conversations that have occurred in the Arts Commission are with fire administration about when something like this would go in if it occurs before, during, after the station is built? Blackstone: Right. So, the intention of getting this proposal out sooner rather than later is so that the Fire Department would know in advance what kind of art might be getting installed there. So, if it was a piece that needed electricity, for example, they would make sure to provide the appropriate conduit to allow for that. The intention is that the artwork would be installed and unveiled at the same time that the fire station is opened. De Weerd: Okay. Any other questions? Okay? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move that we approve the Arts Commission -- the Fire Station No. 6 art piece. Milam: Second. De Weerd: I have a motion and a second to approve Item 8 -B. Any discussion from Council? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: This would represent another 60 families entire Meridian city portion of their property taxes. Again, I really struggle to do it in a year that we are increasing taxes. De Weerd: Okay. If there is no further -- Meridian City Council Meeting Agenda February 5, 2019 – Page 17 of 736 Meridian City Council January 15, 2019 Page 9 of 102 Cavener: Madam Mayor? De Weerd: Yes. Cavener: I will be voting against this motion, not because I -- I disagree that maybe we should have art in other places. This fire station has been somewhat of a moving target in our community with a number of different elements shifting and changing location, shifting and changing and I would rather just focus on the fire station itself and potentially look to bring art there at a later point in time, but just at this point in time I'm not supportive of it. De Weerd: Okay. Any other comments? Mr. Clerk. Roll call: Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea; Bernt, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. TWO NAYS. De Weerd: Appreciate the work of your commissions and appreciate you being here with us tonight. Blackstone: Thank you. Item 9: Action Items A. Termination of September 25, 2018 Service Agreement MOU - Bike Sharing Services with Neutron Holdings, Inc., doing business as Lime De Weerd: Okay. We move to Action Items under nine. 9-A is a discussion about termination of a service agreement MOU. Who is covering this? Nary: I think that would be me, Madam Mayor. De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We spoke last week in the discussion regarding e-scooters, the ordinance that we are crafting and we will be back in front of you next week. I'm not certain. Anyway, it's coming back to you shortly. One of the items of discussion in that was we have the existing agreement with Lime that has a 60 day cancellation period in which we have to invoke that to terminate that agreement. So, once we put the new ordinance in place we want all of the players to be following the same -- the same direction in ordinance and so we want to move forward with -- moving forward with this cancellation, so that we can get this little piece done before the ordinance Meridian City Council Meeting Agenda February 5, 2019 – Page 18 of 736 Meridian City Council January 15, 2019 Page 10 of 102 goes into place. So, timing really is -- you know, we need to the authorization to move forward to direct that. Obviously if there is 60 days, so you look at now it's the middle of January, so it means it expires at the middle of March, which is about the approximate time we talked about originally in bringing back an ordinance and putting it in place. That's basically -- we didn't -- we couldn't do it last week, because we had just brought it up for discussion and direction. So, that's what we are looking for tonight. De Weerd: Thank you, Mr. Nary. Any questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Nary, did we communicate to Lime our intention to do this, that this was going to be on the agenda tonight and did they have any response? Nary: Madam Mayor, Members of the Council, Council Member Cavener, I know we have discussed with Lime. I don't recall the most recent meeting that -- where that -- whether that came up or not. I don't recall. I know we have told them that we would have to -- to do that to move forward with an ordinance anyway, so they were aware of it, but I couldn't tell you that we reminded them of that again in the last conversation. I don't know. De Weerd: Any other questions, comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: This seems to be dovetailing on Emily's comments from last week and the direction that she indicated to us that would need to be taken in furtherance of the process with the ordinance through the normal course, so it just seems to be following our existing plan to create that global ordinance. So, I would move that we approve the termination of the September 25th, 2018, service agreement MOU with Lime. Cavener: Second. De Weerd: 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. Meridian City Council Meeting Agenda February 5, 2019 – Page 19 of 736 Meridian City Council January 15, 2019 Page 11 of 102 B. Ordinance No. 19-1803: Amending Title 1 Chapter 8, Sections 1, Appointments By Mayor) And Adding A New Section Of The Meridian City Code, Title 1, Section 8F, Sections 1-2 (Chief Information Officer /Information Technology Director); Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. De Weerd: Council, Items B and C are related. As the City of Meridian continues to evolve and our information technology has certainly stepped up into a major role in the direction and efficiency certainly of our city, I felt it was timely to -- to consider this position to be important to be at the directors table and part of the strategic visioning, the policy reviews and -- and setting a direction operationally. This position will be a critical element and voice in these discussions as we move our city forward and certainly plays a role already as an important aspect of our strategic planning. So, I bring in front of you an ordinance that would make this position a director level position and one that the Council would have to approve the appointment of the director position as well. So, I would open myself to any questions that you might have. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I don't see anybody jumping up and down to ask any questions. I think this is an incredibly prudent ordinance, so with that I move we approve Ordinance No. 19-1803. Palmer: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Mr. Clerk, will you call roll. Coles: Madam Mayor, if I may read the title of the ordinance. De Weerd: Oh, yeah. Yes, please do. Coles: Thank you, Madam Mayor. De Weerd: If you have to. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1803: Amending Title 1, Chapter 8, Sections 1, (appointments by Mayor) and adding a new section of the Meridian City Code, Title 1, Section 8F, Sections 1-2 (Chief Information Officer/Information Technology Director); providing for a waiver of the reading rules; and providing for an effective date. De Weerd: Thank you. You have heard this read by title. Is there anyone who would like to hear it read in its entirety? Okay. Hearing none, Mr. Clerk, will you call roll. Meridian City Council Meeting Agenda February 5, 2019 – Page 20 of 736 Meridian City Council January 15, 2019 Page 12 of 102 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. Appointment of Dave Tiede as Chief Information Officer /Information Technology Director De Weerd: Under Item 9-C I do bring an appointment of Dave Tiede as the Chief Information Officer, Information Technology Director. Council, Dave Tiede has been instrumental in this transition of a department that was considered as support services in terms of supporting our others and -- and has, as you heard in my previous comments, has transitioned into a department that in and of itself is -- is stand alone and an important part of that strategic visioning. Dave Tiede has worked over the last year and more in developing his skills as an effective leader, as an important part of the strategic visioning of our director team, and has given countless comments in terms of how we can best move forward as a city and better efficiencies and looking at how we can better serve our primary departments and has led a team of employees that are v ery customer focused and centered and I think it's because they have definitely had a leader that they want to emulate and follow. So, I think this appointment in front of you is highly qualified to serve in this first official capacity of the Director of Information Technology as our CIO and it is with honor that I recommend Dave Tiede to you tonight. I would stand for any questions. And I know that Dave is here with his family and only after the vote will I ask if he has anything to add. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If there aren't any other comments, I would -- one, if there is a night to have a IT issue tonight's the night, because we have got a significant amount of the IT Department here. I'm just hoping something breaks, so that you guys can be here to fix it. Madam Chair, I -- I echo your -- your comments. Mr. Tiede was doing the Meridian Way before the Meridian Way was the Meridian Way and it's great to see so many of his fellow colleagues here in the room tonight. In addition I think to being highly qualified, I think David Tiede is just a remarkable individual and our citizens, our taxpayers are lucky to have such a remarkable IT staff that work tirelessly to create solutions to problems so that we don't have to spend more of taxpayers' dollars to find the answers and I think that team has grown tremendously under Mr. Tiede's leadership. That is a remarkable department with incredibly intelligent individuals and I am happy to make the recommendation that we appoint David Tiede as the Chief Information Officer -- Information Technology Director. Milam: Second. Meridian City Council Meeting Agenda February 5, 2019 – Page 21 of 736 Meridian City Council January 15, 2019 Page 13 of 102 Palmer: Is that a motion or a recommendation? Cavener: Motion. De Weerd: Well, I hope it's a motion to approve my appointment. Cavener: A motion to approve the Mayor's appointment for David Tiede. De Weerd: I assumed it as such. Any discussion from Council? 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. De Weerd: Mr. Tiede. Tiede: Thank you, Madam Mayor, Members of the Council. I am very very touched in your support and trust that you place in me and that our citizens, our community place in me as well. I am excited to continue to lead this department forward and to continue to provide excellent services to our customers, which are the rest of the employees, but also our community. I would like to give a big thanks to my team, the Information Technology Department. You see a few of them here. This wouldn't be happening without them. De Weerd: I know. They make you look good. Tiede: They do. They make me look -- thanks for their support and their diligence and their commitment to the Meridian Way is all part of this, so -- I also would like to thank my wife and family for the support they give me as well and thank them for being here tonight. So, again, thank you for your trust and for this opportunity and I will leave you with that. De Weerd: And, Dave, I -- I would like to personally thank your family as well. I -- I know they put up with your late night phone calls and your 24 /7 customer service to the users that you have here at the city. You and your team definitely step up in -- in a fashion that supports the -- the employees of the city to make sure we can continue to use technology 24/7, which we do. So, to your family thank you. We appreciate that and we -- we have put a lot of faith and trust in -- in your husband, because he's earned it and to his team -- I know you all know he's earned it and I do see Mike Tanner out in the audience. Mike and Dave stepped up in a big fashion and were co-chairs of -- of this department or this division for some time. The leadership and the -- the collaboration, the coordination that you did as one was incredible. So, Mike, thank you for your continued dedication to this department. I know you have kind of handed the -- the baton over solely to Dave. You're an integral part to -- to the leadership that has established itself as providing Meridian Meridian City Council Meeting Agenda February 5, 2019 – Page 22 of 736 Meridian City Council January 15, 2019 Page 14 of 102 Way customer service and -- and we appreciate you and thank you, each and every one of you, for being here tonight to see this well-deserved honor to your leader. So, thank you, Dave. We appreciate you and your family joining us. Tiede: Thank you. De Weerd: Thank you. Hey, Dave, before you leave you need to introduce your boys. Your kids. Tiede: My daughter would love to meet Mayor Tammy. De Weerd: Well, I would -- I would come down there. Palmer: She doesn't want to meet Ty Palmer? D. Public Hearing Continued from December 18, 2018 for Linder Village (H-2017-0088) by Lynx/DMG Real Estate, Located at the SE corner of N. Linder Rd. and W. Chinden Blvd. 1. Request: Annexation and Zoning of 81.51 acres of land from the RUT zoning district in Ada County to the C-C zoning district (63.796 acres) and the R -8 zoning district (17.713 acres) in the city; and 2. Request: Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 2 common lots, and 2 other lots for future right-of -way dedication on 78.13 acres of land in the proposed C-C and R -8 zoning districts; and 3. Request: Variance to the UDC 11-3H-4B .2 for 2 accesses via W. Chinden Blvd./SH 20-26 De Weerd: Thank you, Dave. Okay. Okay. We are now moving to -- and, Dave, you and your family and staff can leave if you would like. Or feel more than welcome to stay and participate. Item 9-D is a public hearing continued from December 18th for H-2017- 0088. I will turn this over to staff. Oh, I'm sorry, Mr. Borton. Borton: Madam Mayor. I will interject real quick. I had recused myself from the -- at the last public hearing. There is a provision of state code which doesn't prevent me from participating. City code as it currently stands does. So, I will continue to recuse myself and not be involved in any discussions or deliberations. So, will continue that path. De Weerd: Okay. Thank you. So, Sonya, I will turn this to you. Allen: Thank you, Madam Mayor, Members of the Council. This application has been before you before. It's an annexation and zoning, preliminary plat, and a variance Meridian City Council Meeting Agenda February 5, 2019 – Page 23 of 736 Meridian City Council January 15, 2019 Page 15 of 102 request. This site consists of 78 acres of land. It's currently zoned RUT in Ada county and it's located at the southeast corner of North Linder Road and West Chinden Boulevard and State Highway 20-26. This application was previously heard by the Council in November of 2017 with a recommendation of denial from the Commission based on the design of the previous concept plan. The application was continued and a revised plan was submitted and in January of 2018 Council voted to remand the application back to the Commission for their review and recommendation on the revised plan, which included a collector street connection from Linder to Fox Run for access to the traffic signal and took into consideration comments from the hearing in regard to safety concerns pertaining to the extension of Arliss Avenue, the location of the Winco building and 24 hour operation of the Winco. The Comprehensive Plan future land use map designation for this property is mixed use community, which is 54 acres of the site and medium density residential, which is 24 acres of the site and that map is shown here on your right. The yellow area is the medium density residential. Brown is the mixed use community. The applicant is requesting annexation and zoning of 81.51 acres of land from the RUT zoning district in Ada county to the C-C zoning district, which consists of 63.8 acres of the site and R-8 zoning district, which consists of 17.71 acres of the site into the city. Their proposed zoning and development is consistent with the future land use map designations for this property. A conceptual development plan was revised and submitted that depicts a mix of retail, office, civic and residential uses, consisting of nine commercial building pads, two restaurant pads and a fuel station along the periphery of the development adjacent to Chinden and Linder. Four two story live-work residential office buildings, a library and two market buildings along this central north-south entry corridor via Chinden Road -- Chinden Boulevard. Excuse me. Within a plaza. Two multi- story office residential retail buildings along the collector street. One anchor, Winco, and a mid anchor to the west of the central north -south corridor. Three mid anchors to the east of the north-south central corridor. Future office retail development planned at the northeast corner of the site. A park and future single family residential development on the south side of the collector street and pedestrian walkways throughout the development providing interconnectivity between the residential and commercial portions of the site. The truck receiving area for the Winco store has been relocated from the rear of the building to the west side of the building facing Linder Road, with the loading docks facing north toward Chinden Boulevard away from the residential uses to the south and are proposed to be screened by a masonry wall and this is the area we are talking about right in here where my pointer is at. The future medium density residential development, which consists of attached and detached homes, planned on the south side of the collector street -- that is the street running through the site right here -- will assist in providing a transition to larger single family residential lots to the south and east in Paramount Subdivision and the collector street will provide a separation and boundary between the future residential and the commercial development. This is just a plan showing all the proposed uses I mentioned. A preliminary plat is requested consisting of 16 commercial building lots, one residential building lot, two common lots and two other lots for future right of way dedication on 78.13 acres of land in the proposed C-C and R- 8 zoning districts. The residential lot, which is Lot 3 on the south side of the collector street, is included in the plat as one large lot and will be developed in the future under a subsequent preliminary plat, as will the future office and retail development on the eastern Meridian City Council Meeting Agenda February 5, 2019 – Page 24 of 736 Meridian City Council January 15, 2019 Page 16 of 102 portion of the site depicted as Lots 12 and 13. A phasing plan was submitted as shown for the proposed development. Phase one improvements include the construction of an east-west collector street from Linder to Fox Run Way, the extension of North Bergman Avenue to the collector street. That is the kind of bluish purple line here. Street buffers and walkways along the full frontage of Linder Road and State Highway 20-26 and along both sides of the collector street and all yellow areas on the phasing plan. The traffic impact study was updated based on the revised concept plan and has been submitted to ITD and ACHD. Access is proposed for the development via West Chinden Boulevard, State Highway 20-26, as follows: One right-in, right-out access is proposed nearest the Linder-Chinden Boulevard intersection. That's this one right here. And one left-in, right- out access is proposed in alignment with Bergman Way. That is right here. On the north side of Chinden. Improvements are required at the State Highway 20-26, Fox Run-Linder Road and Meridian Road intersections as identified in the TIS and State Highway 20-26 will be widened to a five lane section between Linder and Meridian Roads. The applicant has requested consideration to enter into a STAR agreement with ITD and ACHD to implement the aforementioned improvements, along with additional improvements required by ACHD, which are required to be completed prior to issuance of any C of O, certificate of occupancy, within this development. Access is proposed via Linder Road as follows: One right-in, right-out access nearest the Linder Road-Chinden intersection and that would be this access right here and two full accesses further to the south. That's that one right there and this one. The southern most -- the southern most access via Linder is a collector street that stubs to the east property boundary that will extend to Fox Run Way and provide access to the signal at Chinden and Fox Run with the first phase of development. Three stub streets, Arliss, Bergman and Director Street exist at the south and east boundaries of the site to the future residential area that will be extended with development. Two accesses are proposed from the residential area to the collector street, which will provide internal access to the mixed use development from the adjacent residential area without residents having to go out onto Linder and Chinden Roads. A cross-access ingress-egress easement is required to be provided to the commercial property to the south on Linder Road and that is that property directly to the south of here. A segment of the city's multi-use pathway is required along Linder Road per the pathways master plan. A ten foot wide multi-use pathway is required within the street buffer along State Highway 20-26. The concept plan also depicts a ten foot wide pathway along the east and south perimeter boundaries of the site with internal sidewalks, pathways proposed throughout the development with connections to the multi -use pathways. Conceptual building elevations were submitted for the main anchor Winco, the mid anchors, and the retail shops. Building materials consist primarily of stucco, with smooth and split face CMU, metal panel siding and stone and brick veneer accents. Nonresidential buildings should be proportional to and blend in with adjacent residential building. All structures, except single family residential detached, are required to comply with the design standards listed in the UDC and the architectural standards manual. A variance is requested to UDC 11-3H-4B2, which prohibits new approaches directly accessing a state highway. State Highway 20-26 specifically in this case. The applicant is requesting approval of two accesses via the state highway as shown on the concept plan, consisting of one right-in, right-out and one left-in, right-in, right-out access. Those are those two accesses right here. When a change or increase in intensity of use is Meridian City Council Meeting Agenda February 5, 2019 – Page 25 of 736 Meridian City Council January 15, 2019 Page 17 of 102 proposed the UDC requires the owner to develop or otherwise acquire access to the street, other than the state highway. Use of any existing approaches is required to be abandoned and removed. Public street connections are only allowed at the section line roads and the half mile mark between section line roads and shall be collector roads. ITD has submitted a letter stating they accept the right-in, right-out access proposed nearest to Linder-State Highway 20-26 intersection with an eastbound right turn deceleration lane and a right-in, right-out left-in approach via State Highway 20-26, with right turn decel lanes for eastbound and westbound Highway 20-26. Final approval of the proposed accesses will take place once all documentatio n has been provided and the permit is signed. ITD has the authority to grant access from a state highway to -- to the site. The city has authority to grant access from a site to the state highway. Although ITD may approve the proposed accesses via the highway, approval from the city is still needed. That is for the City Council. The UDC allows for Council approval of accesses via state highways if ITD has approved the accesses without a variance if they deem appropriate. However, in this case ITD has not granted final approval, so that's why the variances is before you. There are findings in the staff report that you should have before you that you have to be able to make in order to grant a variance and those deal with -- they can't -- the variance can't grant a right or special privilege that isn't otherwise allowed in the district. The variance relieves an undue hardship because of characteristics of the site and the variance can't be detrimental to the public health, safety and welfare. Because staff can't make all the required findings and the UDC prohibits access to the state highway, staff is recommending denial of the proposed varian ce application. Summary from the Commission hearing. The Commission recommended approval of their proposed concept plan and development application with conditions noted in the staff report. Ken Howell, Lynx-DMG Development, Nick Eller, Jim Alexander, Chris Williams and Keith Jones testified in favor. David Eastman, Sally Reynolds representing Smart Growth For Meridian, Andrea Carrol and Justin Carpenter testified in opposition. Mike McCreary, Joe Marshall, Michael Arnold, Frank Reynolds, Ruth Shane, Wendy McKinney, Dave McKinney, John Ringert of Kittelson Associates commented on the application and written testimony was received from many folks within the community and adjacent neighbors. Those are all contained in the public record. I won't go through that, because it's -- or list as it's very lengthy. Key issues of discussion at the public hearing. There was testimony against the 24 hour operation of Winco. The desire for traffic calming to be provided on Bergman Avenue, a different road design, or a traffic circle, so as not to create a thoroughfare for high school students and residents. Break up the mid anchor stores, so that they are less of a strip development style and more consistent with mixed use community. Residential uses should be better integrated with commercial uses consistent with the mixed use designation. Public benefit of the widening of Chinden Boulevard with development. Appreciation for the loading docks being relocated to the west side of the Winco building and the changes made to the site plan and requested by the neighbors. Need for increased walkability of the site consistent with development and mixed use designated areas. Would like confirmation that a library is going into the development for sure and against access to the site through the residential neighborhood due to safety concerns pertaining to high rates of speed of vehicles. Key issues of discussion by the Commission are as follows: Changes to the site plan due to the location of the continuous flow intersection. Reconfiguration of Bergman Avenue, so it's not a straight shot off the Meridian City Council Meeting Agenda February 5, 2019 – Page 26 of 736 Meridian City Council January 15, 2019 Page 18 of 102 collector street into Paramount Subdivision. Possibility of limiting truck deliveries for Winco to daytime hours. The timing for widening of Chinden and Highway 20-26 and extent of project. Traffic calming measures, reconfiguration of Bergman Avenue so that it's not a straight shot from the collector street into the residential neighborhood Paramount Subdivision. Would like to see a library or other civic-related use or theater provided within the development. Desire for a resolution on the collector street connection to Fox Run Way and access to the traffic signal at Chinden and Fox Run and, finally, the need for services in the northern portion of the city as proposed. The condition -- the Commission made the following changes to the staff recommendation. They added a requirement for the applicant to work with Brighton, the adjacent property owner to the east, to finalize an agreement for a collector street connection through Fox Run and they did ask for -- if -- if the agreement couldn't be reached, the project be sent back to the Commission for further review. They added a requirement for the applicant to work with ACHD on the collector street intersection with Linder Road where the signal is proposed and the firehouse access is located and traffic calming measures to slow traffic on Bergman Avenue and they added a requirement for some of the multi-family -- excuse me -- multi-story office live-work units south of Winco to be constructed with the first phase of development. Outstanding issues for City Council tonight. A letter was received from David Turnbull, Brighton Corporation, confirming Brighton will work with ACHD on the alignment and right of way acquisition to facilitate construction of the east-west collector street from the east property boundary through their property to Fox Run Way. However, the purchase price of the right of way is yet to be determined. Therefore, the agreement is not finalized as recommended by the Commission to occur prior to the Council hearing. However, ACHD is coordinating the right of way acquisition and dedication with Brighton, which won't be done until after approval of the application of the STAR agreement. Council approval of the accesses proposed via North Linder Road and the east-west collector street is required in accord with UDC 11-3A3, which limits access to arterial and collector streets. Finally, the Council should determine if the request for access by the state highway should be approved. Many letters of written testimony have been received since the Commission hearing and, again, those are all listed in the public record. Staff will stand for any questions. De Weerd: Thank you for that detailed staff report. Council, do you have any questions at this time? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Sonya, under the three findings that have to be made to grant the variance, you had mentioned the staff wasn't able to make the findings on each of them. Which ones were tough or impossible to find those findings on for staff? Allen: I can't make any of the findings. Palmer: Any of them. Meridian City Council Meeting Agenda February 5, 2019 – Page 27 of 736 Meridian City Council January 15, 2019 Page 19 of 102 Allen: Councilman Palmer. Yeah. Palmer: Thanks. De Weerd: Okay. Any other questions at this time? Would the applicant like to comment? Good evening. If you will, please, state your name and address for the record. Howell: Thank you, Madam Mayor, Members of the City Council, my name is Ken Howell. I represent DMG/Lynx on this project. My -- my -- De Weerd: Ken, can you just pull that up. Howell: I will give it a try. De Weerd: Thank you. Howell: There we go. My street -- my business address is 877 West Main, Boise, Idaho. 83702. And I will apologize in advance to the Commission, I have got a little bronchitis and so my voice will kind of drop in and out and I apologize in advance for any coughing I will have to do, but we will make it through tonight. No, I'm good. Water -- water doesn't help unless I were to actually swirl it around in my lungs. I think that would cause more problems, so -- so -- but -- but we will get through. Thank you very much. Madam Mayor, Members of the Council, I'm -- I'm pleased to be here tonight to present this project in its current iteration. As you know, we were here approximately a year ago almost to the day before you to discuss this project and, frankly, there has been a lot of work, a lot of expense, a lot of thought, a lot of time spent in revisions to this project to address the concerns that were expressed, not only by this Council, but also subsequently by community members and by Planning and Zoning Commission. We have also taken into consideration comments and feedback that we have received from other agencies, such as ITD and Ada County Highway District in coming up with a project that's before you today and so while I want to summarize some of those changes, I also want to talk about a couple of conditions that P&Z recommended that you adopt and ask for some consideration on those. But first just kind of an overall. I wanted to provide you some summary of the substantive changes that are involved in this project and how they address the concerns and issues that the Council expressed previously. First as to the Winco store. The Winco store has actually been -- since the last time you saw this project Winco stores has actually been recon -- oops, can we have that back up, Sonya. Thank you. The Winco store has been reconfigured. It -- it did have a former angle to it. It's been realigned. Most significantly the truck loading dock, trash compactors, any noise producing activities have been moved to the far west side of the building and oriented either to face Linder Road or face north towards Chinden. The wall that you see there behind the loading docks on the lower portion, the southern portion of the building, is a full height masonry wall. It's approximately 35 feet, the full height of the building. That blocks the entirety of the loading dock and the trash compactors and other noise producing equipment from any of the future residential development and certainly any of the existing residential development. For a point of reference, the loading dock is on the Meridian City Council Meeting Agenda February 5, 2019 – Page 28 of 736 Meridian City Council January 15, 2019 Page 20 of 102 opposite side of that full height masonry wall and is 581 feet from the nearest residents. So, nearly three football fields from the nearest residents and that's a significant accommodation and a significant change from the way this configuration looked from th e last time that you saw it. On the access there was some concerns about access to the neighborhood, particularly Arliss and Bergman, and if you will look down towards the lower portion of this concept plan, which is before you, you will see Arliss come up and bend to the right, right along where it says future residential development at the southern boundary of this project. So, Arliss does not collect -- connect directly to the collector road that passes through -- or rather it winds its way through the future residential development. We show a further traffic restriction. You will see where it narrows down where it connects into Bergman and, then, Bergman, in turn, connects into the collector road. This is a pretty significant change. Also with Bergman you will note that Bergman now does not collect -- connect directly to the collector road. Previously what we had shown was kind of just a slight left-hand bend in that road. Now it takes a 90 degree right and a 90 degree left, with some stop signs there, of course, at the connector road. I would point out one thing specifically, which has varied somewhat in the Ada County Highway District report, which is in the materials before you addressing this issue of cut through traffic. What Ada County Highway District noted is that cut through traffic is not a terrible huge concern as far as they can tell from this development in that if you're down further south where Cayuse Street connects, if -- if there is attempt for cut through traffic from Cayuse Street -- Cayuse Street through to Arliss or Bergman, that adds approximately a half mile to the trip distance to connect into this development and so we think we have done as much as can possibly be done to eliminate any incentive for cut through traffic and, rather, make the streets what they are intended to do, both by the city's policies and by Ada County Highway District's policies, which is to allow interconnection of development with local neighborhoods, so that they don't have to go out onto the main arterials in order to make their way through. There is traffic calming devices scattered throughout, in addition to the narrowing of Arliss, which I pointed out before. If you look along the connector street you will see that there is several crossbars that go across. Those depict raised crosswalks, speed bumps if you will, for the crosswalks that cross that connector road as additional traffic calming devices. One of the primary considerations that we had that I think got us to about 12:30 or 1:00 in the morning last time we were here was the issue of access to Chinden through Fox Run and whether we had the possibility for that access and it was our understanding at the time , based on a number of different meetings and correspondence, that we did not have access to Fox Run through the -- the property on that end of the parcel and as you know there was a letter that had been submitted about 5:00 o'clock the day of the hearing that we, as the applicant, were certainly unaware of until it was brought up later -- very much later in the evening where there was an indication that, oh, well, of course we -- we talked with the applicant about allowing that access. So, that's how we got reset the last time and sent back to P&Z to make that consideration. We have since had very productive conversations and we have -- in fact, you have the letter agreement in the file that shows we will have access to Fox Run. Planning and Zoning in their consideration of that issue I think went a little above and beyond what they needed to do when they recommended to you that we have a completely signed, sealed, delivered final signed agreement that says we absolutely have that right of way, because that's, frankly, not the way the process Meridian City Council Meeting Agenda February 5, 2019 – Page 29 of 736 Meridian City Council January 15, 2019 Page 21 of 102 works. The process works here that you acquire the right of way that has to be done through the public agencies, through Ada County Highway District. Ada County Highway District will acquire that through the right of way negotiation process and the price will , therefore, be set by that process. So, while we don't have a signed, sealed, delivered agreement, we -- you do have the agreement -- letter agreement showing that that is where we will have access. That's what we are proposing for access to the property and that process will have to get done in order to comply with the ACHD approval that we currently have in place anyway. So, I think that's about as close to a signed, sealed and delivered agreement as you can possibly have given the way the process works. Before I move on to a couple of other areas I want to turn back to the issue of Winco and the loading dock and the question that has come up of 24 hour operation of that facility and 24 hour deliveries. Twenty-four hour operation, of course, is a key concept for this building as it is for virtually all of the Winco facilities. This is part of their business model. The 24 hour operation is designed to provide access to a full service grocery and retail operation for those that don't work traditional hours and there are a large number of those that don't work traditional hours these days, including health workers, fire, safety, police and the others. So, we believe 24 hour operation is critical to the operation of that building. Second, the 24 hour delivery operation -- because overnight operation hours tend to be less intensive uses of the story inside and that's the most convenient time to restock the store, that makes the most sense in Wincos business operations for delivery of those goods to the store at -- certainly overnight, but at all hours of the day and night and while that may be a -- may have been a consideration or maybe considerations at other locations, what we would submit to you is that we have done such substantial design and redesign of this facility to address and ameliorate the concerns of the 24 hour deliveries that here we have the building that's two football fields farther away from the nearest residents and at that location we have a full height masonry wall that will block the sounds when the trucks backup to this facility and dock for delivery, it's a -- it's a hard dock, the truck backs in and it's sealed around the back of the truck. There is no operation of forklifts and other things outside, it's all contained within the truck and the building and to bolster really the impact of this and the impact on the sound and possible disruption to the neighborhood, there is a sound study that's part of the record before you that we commissioned and what that sound study showed is that with -- as a result of the full height masonry wall and the other sound reduction measures that we have taken and the distance of the building that there is actually a net reduction in ambient sound by the construction of this building from the existing noise that comes from Linder Road, from Chinden Boulevard and others. So, you know, what we have tried to do is illustrate that the 24 hour operation of this building will not in any way result in a detrimental impact to the nearby residences and, in fact, it improves the sound quality from what is currently there. And, again, that sound study is in the record before you. So, before I go I have got just a couple of things to talk about for conditions of approval by the Planning and Zoning. Planning and Zoning recommended that the live-work units to the south of Winco -- and I don't know if my pointer -- there we go. I think my pointer works here. Those are these facilities that I'm circling right now, they are called multi-story live-work, these two facilities be constructed in the first phase and, again, this is the product of a discussion that extends until 12:30 or 1:00 o'clock in the morning and this occurred in the context of their concern of blocking any possible sound to the nearby residences. We did confirm Meridian City Council Meeting Agenda February 5, 2019 – Page 30 of 736 Meridian City Council January 15, 2019 Page 22 of 102 with the sound engineer that conducted the study that he modeled this without the presence of those live-work buildings being in place, so that their construction in the first phase will not affect the sound study results that show no impact from the commercial operations of the Winco and the Winco loading dock. Accordingly, what we would request is that that condition not be imposed, that those live-work buildings be allowed to be constructed in due course as they are marketed and able to be leased out in the normal course of operation. So, the only final thing I want to point out is two things and, Sonya, if you could bring up the PowerPoint and, then, right after that we have got a little bit -- a little video that I will leave you with -- or before stopping for any questions. Here we go. I think it's important to note that this is a very popular proje ct. We have conducted a number of outreach campaigns, we have received over 1,025 letters, including 129 personal -- personalized letters in support of this project, over 1,765 likes on social media. On Facebook you can see the other numbers there. We h ave had a number of community engagement outreaches with participants to show up. There we go. This gives you an idea of the community support map that the little flags show placement of the location of those that have indicated support for the project. This is, obviously, a pretty big map area. You can see the interstate at the south and Eagle Island State Park to the north, which gives you a little idea of the overall range. This is a little closer up view and you can see these are clustered all around where this development will be and I think this gives you some idea of -- of what the possible usage of the project will be and what that represents is a minimization of additional traffic going elsewhere where there is commercial and instead of being redirected here to this location. And, then, finally, Sonya, if you could cue up the video, we have a little animation video to just give you an overview of what the Village at Chinden will look like. So, sometimes this takes a minute to load and, then, once it's up I would certainly be willing to stand for any questions that at this time Madam Mayor and the Council may have. And I see it's still thinking about it. This would be a perfect time to have your crack IT staff troubleshoot this issue, so -- there we go. Do you have sound? There is sound. (Video played.) Howell: Madam Mayor, City Council, I would be happy to try to answer any questions at this time and, certainly, I will be around later. De Weerd: Council, any questions at this time? Mr. Cavener? Cavener: Madam Mayor, thanks. Mr. Howell, thanks for being here again. Nice to see you. Happy New Year. Only because you included it in your video -- I noticed lots of signage stores, but there was one name that was a little more specific and that's the library. There has been a lot of discussion about the future of a potential Meridian library there. What's the status? What can you update us with on that? Howell: Madam Mayor, Commissioner -- Councilman Cavener, we have had discussions with the library and we very much want the library to be in this spot and so we are working as hard as we can with them to do that. It is our understanding that they are in the process of putting together a vote, which will go to the public that includes not only funding to allow Meridian City Council Meeting Agenda February 5, 2019 – Page 31 of 736 Meridian City Council January 15, 2019 Page 23 of 102 them to occupy this space, but also some other facilities elsewhere in the city. We very much want that project. We are working with them to do that. We, obviously, don't have a signed lease with them, nor are they in a position to sign that lease at this time, but that's very much our intention to do it and, you know, I don't want to be too flippant about it, but, you know, it kind of reminds me of that old joke about the guy who really prays and prays that he could just -- if you could only win that lottery -- if he could only win that lottery everything would be just fine and, finally, he's praying, God, if I could only win the Powerball, you know, my life would be so much better, I could do such great things, and this voice booms out from the heavens and says, well, meet me halfway, buy a ticket, you know, and I think that's kind of what we have here. We are -- we are only half of the equation -- Cavener: Sure. Howell: -- on the library, but as far as the community amenity, as far as the -- as the amenity that it makes for our development , this is very much something we want and it's something we are working as hard as we possibly can for, but we are not fully in the driver's seat on that item. Cavener: Madam Mayor, follow up. I recognize, yes, you are only half of the equation. Should things not prove to be successful with the library, do you guys have a backup plan in mind? Howell: Madam Mayor, Councilman Cavener, yeah, we have had discussions. I don't -- I can't tell you we have got a definite backup plan. We have had discussions and there is some other public use kind of opportunities that have been discussed for that site, but, again, that's -- that's very much our mindset and model and if you -- if you saw in the animation what that plaza space is designed to do is to be a very public welcoming space and if it wouldn't be a library -- again, our first preference -- there are other public kind of community -- whether they be theaters or other similar things that we very much would like to have there. Cavener: Madam Mayor, one additional question. Mr. Howell, you talked at great length about the sound study and you will have to forgive me, I think it was before our last public hearing that I reviewed that sound study, but I didn't recall seeing anything about including the backup alarms that -- that the vehicles produce when they are backing up being included in that sound study. Can you refresh my memory if that was included and -- and what the results were? Howell: Yeah. There is no specific reference to backup alarms. The -- the Winco vehicles don't use backup alarms on their trucks that backup. Cavener: Really? Howell: And any -- any of the things that I think we were talking -- if I'm -- this goes back a ways, but if I remember kind of some of the conversation it was, well, what about all the Meridian City Council Meeting Agenda February 5, 2019 – Page 32 of 736 Meridian City Council January 15, 2019 Page 24 of 102 forklifts and all that stuff that goes on. The forklifts are all internal, so they are -- they aren't running around outside and so, therefore, there is no backup alarms. Cavener: Thank you. No more questions for right now, Madam Mayor. Thank you. De Weerd: Mr. Bernt. Bernt: Madam Mayor. Thank you, Mr. Howell. To follow up on Mr. Cavener's question about -- about the library and the civic aspect of your -- of your proposed project, I -- I think that something civic is essential, only because it's a real big part of the designation that you're seeking. So, there needs to be a Plan B just in case -- just for the mere purpose that, you know, these bonds that are voted by the public or the libraries sometimes don't come to fruition and so it's important that you have a Plan B in place as part of the designation that you're seeking. It's a big part of what this development should be. Number two, can you -- can you give us some more feedback on the conversations with Brighton Corp, David Turnbull, and the agreement that you're seeking for access off a Fox Run? Howell: Excuse me. Madam Mayor, Commissioner -- or Councilman Bernt, first as to the public use, I -- I don't know how more directly I can say it than as I responded to Councilman Cavener -- Bernt: Right. Howell: -- that that is -- the public use is extremely important. As you note that's for part of the use development here and -- and I suppose that the safeguard, if that's really what your question is, ultimately down the road is we wouldn't get approval for a use other than that if we tried something else. So, by -- you know, I don't know what else to tell you on that. Bernt: That's fine. Howell: As to the negotiations and discussion with Brighton, you have -- obviously you have Brighton Corporation's correspondence in the record before you. I think that's about as positive as we can possibly say, you know, the -- Mr. Turnbull is certainly a man of some repute and integrity in this community and so I think that stands for itself. The process is -- is that in order for us to acquire that right of way we don't go and have individual negotiations with Brighton Corporation in order to get that property acquired, because we are in the process of doing this through a STAR agreement we have to go through the -- the public acquisition process and so ACHD will conduct the right of way cost analysis and will tell us what it's going to cost us and since this connector road is an integral part of this project and is part of the required permitting for this project, not only as I expect it would be from your perspective, but as it has been for ACHD as well and indirectly ITD through the connection to Fox Run, we don't really have any option. They are going to set a price and that's the price we are going to have to pay to acquire it and, ultimately, all of that gets rolled up into the STAR agreement as well, but can I tell you we Meridian City Council Meeting Agenda February 5, 2019 – Page 33 of 736 Meridian City Council January 15, 2019 Page 25 of 102 have a contract that is signed, you know, either an ink or in blood, no, absolutely not. But given the conditions of approval that we have with A CHD and the conditions of approval that staff is recommending here, absent that acquisition of the right of way, absent that connection to Fox Run, this project doesn't happen anyway. Bernt: Madam Mayor, follow up, please. Mr. Howell, so what you're saying is it's not a matter of negotiation here, we are just waiting -- it's the process and -- and with the STAR agreement through and -- and the figure that you will receive from ACHD is what we are waiting -- waiting for and so there is not going to -- so, it's not a negotiation is what I'm saying. Howell: Madam Mayor, Councilman Bernt, not in the sense of, you know, is it possible that we -- we won't come to an agreement on what those numbers are -- no, it's not in -- not a negotiation in that sense. There is, frankly, some room in the system when ACHD comes back and says here is what the -- the right of way cost is, there is an opportunity to challenge some of those costs, but at the end of the day we have a price and that's the price that -- that we will pay and that Brighton Corporation will accept for that right of way. De Weerd: Any further questions, Mr. Bernt? Bernt: I have more. I can -- I can pause. De Weerd: Okay. Any further questions from Council? Mr. Palmer. Palmer: Madam Mayor. So, I'm -- I'm staring at the -- the findings that are required to grant the variance. I guess a few questions. How -- to me I -- I feel like at least right-in, right-out and at least one would be critical for the benefit of Fox Run. I can imagine if -- if, you know, a lot of these people were trying to take advantage of Fox Run to get out even if they were just going to turn right, that it could cause issues for the neighbors down there that might want to go out and turn left on to Chinden when a lot of that traffic could be dissipated simply by having a right-out onto Chinden. So, I guess my two questions are how critical are the entrances on Chinden and in attempting to define -- to -- to meet the finding of -- at least number three there that the variance can be detrimental to the public health, safety and welfare -- if they are critical, could the one that includes the left turn also be just a right-in, right-out to improve the safety level of that intersection? Howell: Madam Mayor, Councilman Palmer, I think, excuse me, the -- the ITD has approved each one of those accesses and part and parcel of the IT D approval is public safety and traffic safety. So, they have already taken a look at that and, then, given their approval for those right-in, right-out and left-in access. So, yes, certainly all of those accesses are critical to the site and critical to the traffic flow and patterns, which is backed up, in turn, by the traffic studies that have been done and submitted to both ACHD and ITD and which are in the record here as well, so -- and I guess I -- I might have been coughing or perhaps missed a part of your question , so I'm not really entirely sure what -- if the left-in is the concern at Bergman at the top off of Chinden, you will note that the left-in there is protected by the islands that are shown depicted on Chinden Boulevard Meridian City Council Meeting Agenda February 5, 2019 – Page 34 of 736 Meridian City Council January 15, 2019 Page 26 of 102 and with the additions of the decel and acceleration lanes, those did pass ITD scrutiny for those -- those public safety issues. So, I know I'm -- I hope I'm answering the question that you have asked on that, but, yes, all of these accesses together are part of the overall traffic flow and, then, taken together with the signalized access at Fox Run are what makes the project work. Palmer: Thank you. De Weerd: I guess maybe more direct on the question on the variance is walk us through the three findings that need to be made and how -- how can the city say these -- these findings can be met. So, if you can kind of walk through the variance, can't right -- grant a right or a special privilege that isn't otherwise allowed in the district . To me the other corners have already exceeded these. This puts this piece of property at a disadvantage if you don't have the same access. We argued that when ITD gave access to Eagle Island development where the Fred Meyer is by granting them that -- that access, because we had been restricting that access specifically because of that. When they granted that access they gave special privilege and that disadvantaged the other three corners that are in our city and -- and so to me that -- I probably just answered my own question, but if you will go through two and three would be great. Howell: Yeah. Madam Mayor, thank you. De Weerd: Sorry. I was really angry when ITD granted those accesses. So, still very fresh in my mind. Palmer: Madam Mayor? De Weerd: Yes. Palmer: And before he gets to that, I -- I appreciate that explanation, because -- well, not when I was trying to understand the language of it to -- because what is district. Does it -- really does it just mean in the area with what you explained or does -- I don't know, what does a district necessarily refer to? So, if that means that qualification -- or for me unless the district -- De Weerd: In my head it does, but I'm not a planner or an attorney, so -- I play one every week up here at the podium, but -- or -- Sonya or Bill, can you tell us what the district -- definition of district means? Nary: Madam Mayor, Members of the Council, so you're talking about the -- the type of zoning district that this is. So, commercial, residential, those types of districts and so that's what the reference is referring to, is this a special privilege that would not be allowed in the district and I think what Sonya was talking about is we have a provision that requires a variance to access state highways, but if you recall we had another project just down the road that there also is a provision in your code that you can grant exceptions to your own ordinance by the approval of ITD to access. So, you do have a revision in the code Meridian City Council Meeting Agenda February 5, 2019 – Page 35 of 736 Meridian City Council January 15, 2019 Page 27 of 102 that doesn't require a variance at all. If ITD does grant access to the state highway you could vary your own standard and that's 11-3H3. So, you have two ways to get there in this besides the variance process, you also have the provision that already gives you the ability to do it without a variance. Howell: So, Madam Mayor and -- and perhaps also additionally Councilman Palmer, I did want to specifically note and -- and I see that I -- I did skip that in my initial presentation on -- on the variance request, since these are approved ITD accesses, if -- if the City Council were to approve them under 11-3H4 as your city attorney has just indicated, we would withdraw the variance request. So, either way that goes the City Council can approve them. Back to the issues, Madam Mayor, that -- that you raised. First -- the first one, obviously, is this -- this is a condition of approval that has been granted others and whether it's unfortunate or not for the Fred Meyer side of it , it was granted and to grant that and, then, deny it here I think is to deny a condition for us that was granted to others -- and now since I flipped the pages I have got to get back to my right page, so excuse me a second. De Weerd: I'm sorry, Ken. I probably could argue this for you, so I withdraw my question. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, maybe just to remind you in this context it is you as the deciders of fact that get to decide in this context of what does your ordinance mean and to what is a grant of a right or a special privilege. Is it a grant or not. Is it -- really be an undue hardship based on the characteristics of the site. A mile down the road with a different project you did consider the fact that there was an undue hardship, because that had significant frontage along a state highway, as well as an arterial and that was part of your reasoning that you used to grant the variance in that particular instance. And the last one was that in that particular instance the access points and having the additional access in that you made a determination as a Council that that was actually a benefit to the public health and safety of the site by allowing more access points and not having such limited access. So, it is ultimately your -- your decision in interpreting your code on what those three provisions require. But, again, you can under your other provisions grant them, since they now do have permission from ITD you can invoke 11-3H3 and grant access without a variance. De Weerd: Thank you, Mr. Nary. And -- Howell: So, Madam Mayor, I guess I could -- I could take a quick shot at it. You know, we -- De Weerd: I don't think you need to. Howell: Okay. Fair enough. Meridian City Council Meeting Agenda February 5, 2019 – Page 36 of 736 Meridian City Council January 15, 2019 Page 28 of 102 De Weerd: Just to save you time. Any other questions from Council at this time? Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Mr. Howell is -- is -- are you able to answer questions about the design aspect, like that was presented in the video at the end as far as what Winco is going to look like compared to the other buildings on the property? Is that something you can answer or is it a member of the development team that could? Howell: Yeah. Madam Mayor, Councilman Bernt, I -- maybe. Bernt: Okay. Howell: So, I guess -- but -- but if I need to call somebody else up we certainly can. Bernt: Okay. So, is -- or is the Winco going to have the same type of look, you know, finishes as the other buildings, including the plaza and other larger --- you know, the anchor stores toward the southeast portion of the -- are they going to have the same finishes? Howell: In general, yes. Bernt: What does that mean in general? Howell: Well, I -- I guess I -- what -- Bernt: Is it going to flow? Howell: It would be matched -- it's flow. It's -- it's architecturally put together properly that way and -- and I can try to get Craig Slocum to come up, the architect, on the project. Maybe he is better to answer that than me. So, if you don't mind I will turn that over to him. Bernt: Sure. Howell: Thank you. Slocum: Good evening. De Weerd: Good evening. Slocum: Craig Slocum. 200 North 5th, Boise, Idaho. Here with CSHQA. We have -- and I believe Sonya presented it. We have got a material pallet and each of the buildings, whether it's Winco or a mid anchor or our two story live-work units, will have a similar Meridian City Council Meeting Agenda February 5, 2019 – Page 37 of 736 Meridian City Council January 15, 2019 Page 29 of 102 pallet of stone, CMU, stucco, some metal highlights. So, there will be a -- it will be a theme, if you will, at least it will be -- feel like it all fits together. De Weerd: Mr. Cavener. Cavener: Madam Mayor. Craig, I don't have any questions for you. Nice to see you, though. Happy New Year. Mr. Howell, I did have an additional question for either you or somebody may be representing a potential tenant. You know, as a Council we don't ever try and look at who is going in to each particular place, but there has, obviously, been a lot of dialogue about a potential tenant should this facility be approved. You touched on their operating hours briefly in your opening testimony and so you had mentioned that virtually all of the Winco stores are 24 hours. Can you give us a ballpark of how many Winco -- or Winco-owned stores don't operate under a 24 hour model? Slocum: Yeah. Madam Mayor, Councilman Cavener, I may be off like one or two on the number of stores. Approximately 126 stores Winco operates, all but about six of them are 24 hours. Those six are in either unique situations or smaller, not -- not the full size store that we are dealing with here, but are smaller, more like neighborhood type stores, but reduced size, like has become popular for some retail operations. By and large the vast -- vast majority in that range of 126 or seven verses six are 24 hour operation. Cavener: Madam Mayor, quick follow up. So, none of those stores, though, you say are the same size as -- as the store that's proposed on this particular site plan? Slocum: Of those six that's correct. De Weerd: Okay. Anything further at this point from Council? Okay. Thank you. Okay. We will start our public comment portion. Mr. Clerk, I will turn this over to you. Coles: Thank you, Madam Mayor. First on the list I would like to invite Michael Arnold to address the Council. De Weerd: Good evening. If you will, please, state your name and address for the record. If you will pull the mic up so people can hear you. Thank you. Arnold: Madam Mayor and city -- Members of the Council, I'm Michael Arnold. I live at 972 West Bacall Street in Paramount. De Weerd: Thank you. Arnold: Residential communities typically offer a refuge where children can play, walk on city streets -- on the community streets and sidewalks. Unfortunately, when Linder Village becomes a reality that's likely -- likely to change for Paramount. When Bergman is -- was -- is to extend it to the proposed east-west connector it's going to create an enticing opportunity for those living outside of Paramount to cut through our neighborhood when traveling to Linder Village. Now, Kittelson and Associates addressed this cut through Meridian City Council Meeting Agenda February 5, 2019 – Page 38 of 736 Meridian City Council January 15, 2019 Page 30 of 102 traffic in their study. However, I believe they grossly underestimated the volume of cut through traffic by speaking only to the traffic likely to cut through Paramount from Linder Road on the Cayuse Creek than using Arliss or Bergman. If you look at the traffic distribution study also included in the Kittelson study, it reveals that an equal volume of traffic is projected to visit Linder Village for both Linder and Meridian Road. That's roughly 12 percent of the expected traffic and an even greater percentage, 14, is expected to travel down McMillan Road to get to that area. When you have anticipated 296,000 -- or 28,967 vehicle trips per day arriving at Lind er Village, 11,000 of those daily travelers will be traveling on those three roads, Linder, McMillan and -- and Meridian. So, you have got to ask what percentage of those 11,000 people are going to be motivated to cut through Paramount to get to Linder Village when the traffic gets difficult? Kittelson projected that 405 vehicles per day will cut through Paramount from Linder Road. That's 11.7 percent of the total volume of traffic traveling down Linder Road to get to Linder Village. If you take that 11.7 percent and apply it against all of the percentages on McMillan, Linder and Meridian Road, it seems -- it puts -- 1,300 vehicles are going to travel through Paramount to get the Linder Village. There are at least four roads in Paramount that are accessed by McMillan and Meridian that offer virtually direct routes to Linder Village and the Kittelson study made no mention of the new 280 foot -- 280 apartment complex Prelude At Paramount down on the -- on the northwest corner of McMillan and Meridian Roads. Prelude To Paramount directly abuts Paramount itself and it has direct access to Linder Village by way of Cagney or Valentino and, then, onto Bergman Road. I honestly believe that just about every resident to Prelude To Paramount, if they are going to Linder Village, is going to travel up either Cagney or Valentino to get there, rather than go all the way around McMillan , up Meridian or Linder to get to the other entrances. De Weerd: I'm sorry, you will need to wrap up. Arnold: I also envision vehicles on Meridian Road coming up Producer or Director to get to Linder Village. Currently we have 575 K through 12 children that walk or bike to schools within the adjacent -- within or adjacent to Paramount each day and both are -- De Weerd: Sir, I'm sorry, you will have to wrap up. Arnold: Okay. Imagine the effect of 1,300 additional vehicles every single day traveling through Paramount to get to Linder Village in the least amount of time. You have to question what that's going to do to the character of the community and the safety of the residents. I don't honestly believe that Bergman needs to connect through from the proposed new neighborhood onto the east-west connector. De Weerd: Thank you for your testimony. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda February 5, 2019 – Page 39 of 736 Meridian City Council January 15, 2019 Page 31 of 102 Cavener: Sonya, can you pull up maybe a -- a map around that area that shows those streets? Mr. Arnold, I recognize you live over there, I don't, and I have tried to avoid the area, because I want to stay focused on the application at hand, but could you maybe walk us through some of those traveling that you were -- you are concerned about, so the Council can see that? Arnold: Well, there was a -- I had a slide presentation also, but, unfortunately, I use an iMac computer at home and the drive was formatted for an iMac and your Windows system can't see it, but Sally had once before shown a picture of the city -- of the Paramount with the yellow roads going up through it . Price goes from McMillan Road and cuts around Prelude At Paramount and both Cagney and Valentino's enter that. Cavener: Mr. Arnold, sorry, I don't mean to interrupt. If we -- if we can just wait to hear your testimony until we have got a map in front of us so I can see what you're talking about. You, obviously, know your streets and your community very well, but -- but I don't and I want to try and get a good picture of what you're trying to address. De Weerd: There is a maps -- Cavener: Madam Mayor, in light of the technical issues that our IT department now probably -- Mr. Arnold, I'm going to keep your note written down. It sounds like there is some other people maybe with some testimony that have some maps -- it looks like we have got it pulled up now. It just -- if that's something that we can -- we can look at at a later point in time I would appreciate it. Arnold: Okay. De Weerd: Thank you. Appreciate your testimony. Coles: Wendy McKinney is next. McKinney: Good evening. Nice to see you again. De Weerd: Nice to see you. McKinney: Wendy McKinney. 1225 West Bacall in Paramount. De Weerd: Thank you. McKinney: And as you know this property has been trying to develop since 2007. Residents have relied on the Comprehensive Plan as we purchased homes there and as everyone knows you're putting together a new Comprehensive Plan. So, we hope that we can have as much confidence in the old one as we will in the new one and that you look at those things to design the types of buildings that should be going on different parcels. There are certain requirements that you as a city have specified for this property on the Comprehensive Plan. They do not include a 24/7 building. They do not include Meridian City Council Meeting Agenda February 5, 2019 – Page 40 of 736 Meridian City Council January 15, 2019 Page 32 of 102 anything larger than 60,000 square feet. And so we ask that you look at your design as you look at this subdivision and this area as they have done it. Next slide, please. When they came to you first they didn't even come anywhere close to what you had asked them to do. So, all of these wonderful improvements have almost gotten us to the point where we should have started the discussion two years ago. This is what you said. Fifty-four acres designated for an MCU. An MCU is an area that has interest to a small group of people within three to four miles of the property. As they have shown you by their own map, all of Meridian is interested in this property. That means they put too much and too large pieces of things in this area. It doesn't qualify under this smaller area that it should have been designated as. Next. I'm concerned mostly about the 24/7. If you look at this vicinity map you can see that the C-G designated areas can have the larger buildings, they can have larger -- many different properties with larger sizes and footprints . They can have 24/7. But you specifically stated in these red and blue zones that they could not do 24/7. Why? Too close to residential. Next. This is the positioning of the southwest corner. You can see Walgreens is there. Stinker Station is there. Now, I want you to imagine and flip this. Next. If you flip it this is what it looks like, as if it was sitting on Chinden and Linder. That's 2,000 square feet from the Walgreens that could be a 24/7 and is other places and the existing home at the time. Now, if you look at Winco, if it had been placed on the very corner it would have still been 1,400 square feet away from an existing home that's been there since 2007. Next. This is what they have now. I'm sorry, a wall is not going to block in the least. Noise just doesn't settle down again like ash when it goes up. Noise is going to go over that wall. You're -- I got it wrong. Six hundred feet. You're still close to those existing homes. What do they have? What options do they have? They can choose to build a Waremart, which fits in a C-C zone that should be for the MUC designation that you have. They could enclose a delivery bay. They are not going to do that. De Weerd: I'm sorry, you will need to wrap up. McKinney: I'm wrapping up. Thank you. Can you switch back to the next one? This is what they could have done. They didn't. Next. We hope that you won't completely blur the line between a C-G and C-C, that you won't have lawsuits from businesses that could have been 24/7 that you did not allow to be 24/7 and we hope that we don't turn into a California. We trust you. We appreciate your time. Thank you. De Weerd: Thank you. Coles: Joe Marshall is next. Marshall: Joe Marshall. 5937 North Arliss Avenue here in Meridian. De Weerd: Good evening. Marshall: So -- I'm sorry? De Weerd: Good evening. Meridian City Council Meeting Agenda February 5, 2019 – Page 41 of 736 Meridian City Council January 15, 2019 Page 33 of 102 Marshall: Good evening. Yeah. I have been working on this one since 2007 when the Fred Meyer originally wanted to come here. So, I'm very familiar with this. I taught land planning. I have gone through the whole Comprehensive Plan. I hope you got an opportunity to read my nine page dissertation. I threw in some opinion there, but, again, this is about your opinion and what we are doing here. I would point out at this -- okay. That these are -- this whole design is based on these entryways and it is based on traffic flow that must go in this direction. Okay? Now, staff has recommended denying the variance, of which I am absolutely glad and appreciate it, because that is one of the most important things we can do for this city. Not for this local little group. Chinden is a major thoroughfare east-west. We only have three. We have got the interstate, we have got Chinden, and we have got State Street. This is COMPASS. The city's agreed to it. Everybody's agreed. I know -- I went to -- to Eagle and testified against that full entry way for the Fred Meyer and, guess what, ITD has had to come back and limit it now, just like we did all of Eagle Road. It was supposed to be frontage roads and it's a mess, does not operate at designed speed. This is going to -- same thing is going to happen here if we keep doing this, if we keep adding these access points. The city had a plan back in 2006. I saw this -- it is on the books and has been for the past 12 years, 13 years now that I know of, showing that these two access points that I have got encircled here, they are -- previously they are signalized intersections and this whole property was supposed to be serviced by these. It's been on the books since '06 that I know of and probably before that. If you access at those two -- those two locations you are -- your -- your design is going to be crossed like this. That's going to put in jeopardy both these zoning and the preliminary plat that they have offered you. So, it kind of goes hand in hand. If the -- if those are denied, then, this really does need to be redesigned. If you approve the preliminary plat and zoning, you probably need to approve those accesses. My opinion is that is to the detriment of this entire valley. One last thing . I have a list of questions that I would like to approach the clerk with. That's a list of seven questions that I really think you need to address and not specifically to this project, but generally to development in this valley, specifically to Chinden Boulevard, but also to help give staff direction. To help the citizens understand what your direction is. To help developers so they understand what you're expecting when they come here. And it will make your lives easier if everybody understands the answers to these questions. So, if I could answer any questions that's all I have got. De Weerd: Thank you, Joe. Cavener: Thanks, Joe. Nice seeing you. Coles: Greg Reynolds is next. De Weerd: Good evening. Please state your name and address for the record . G.Reynolds: Greg Reynolds. 1166 West Bacall Street. And forgive me I'm going to read really fast. Mayor, Councilors, I share the concerns that have been brought up by other residents already and those that will be expressed after I'm done speaking. The only times that we have seen positive improvements made to this application is when the city Meridian City Council Meeting Agenda February 5, 2019 – Page 42 of 736 Meridian City Council January 15, 2019 Page 34 of 102 requires it. So, I appreciate the opportunity we have to express our concerns and for you to take action. I wrote in before the last scheduled meeting to highlight my concerns. So, tonight I wanted to focus my comments on one very specific area , the noise that would be generated if 24/7 deliveries are allowed in this development. As I mentioned in my written testimony and as supported by the public testimony from the P&Z meeting and as mentioned tonight, the loudest and most recognized noise source in this type of development, the backup beepers, was excluded from the models, because they fall under required safety features and I don't know, maybe Winco has gotten around the mandated safety features somehow, maybe they are just talking about their trailers, but all the other trucks that are going to come and deliver to Winco will have those safety beepers. We do video from the Eagle store from previous meetings that shows that. I'm not disputing that this legal loophole exists and was exploited in this case, but it doesn't mean it shouldn't be considered by this Council as a common sense item affecting the rights of current residents. The study sites about 50 decibels of anticipated noise, but backup beepers are mandated to be about a hundred decibels, so for reference, a diesel locomotive is 80 decibels. So, it would literally be quieter to drive a train through that field than to have a backup beeper. I dusted off some cobwebs from my last physics class a few decades ago. This means that those backup beepers are 32 times louder than what the models assumed. So, let that sink in. Thirty-two times louder. Retaining walls such as those in this design are estimated to reduce noise by about ten decibels at most and also the distance -- everything like that -- it's going to sound like a muffled alarm clock in your house every night. Allowing 24/7 deliveries with an open loading dock will result in noise that carries throughout Paramount and Lochsa Falls all night long. Surely Winco is not so much more inept than the other nearby businesses that they cannot figure out a way to deliver from 6:00 a.m. to 11:00 p.m., store the goods until their overnight shelf stocking occurs. I ask this Council to, please, restrict the delivery of goods to Winco and other businesses in this development to the same 6:00 a.m. to 11:00 p.m. hours that were established for similar businesses nearby. Costco, Walmart and Walgreens. This is not an unreasonable request by any means. On a more personal note, this application has been a very long process and we know it's coming to an end. You've pro bably noticed that the energy level is down a bit compared to last year. I think I can speak for those residents I have been working with for 18 months when I say it comes a general feeling of disappointment. When Linder Village was first announced there was a palatable sense of excitement in the neighborhood. We have been waiting for so long for more services and entertainment to be available in this area. The outrage of what was in the original application was inevitable. We had a glimmer of hope a year ago when the application was remanded back to P&Z, but it has been nothing but disappointment from there. Disappointment that these developers lack either the creativity or drive to provide a design more attuned to the active and family oriented Paramount way of life . Disappointment that the more we interacted with Winco it was apparent that the beloved company was just another heartless corporate machine. Perhaps most disappointing of all is that so many bureaucracies claimed to know our neighborhood better than we do, the people who live there, walk our dogs there, go to school and church there, any other number of things all within our neighborhood. But we are here tonight because we care about the future of this city. My wife and I will be virtually empty nesters by the time this is built out. Most of the reasons we moved to Paramount will be moot, but we have hundreds of Meridian City Council Meeting Agenda February 5, 2019 – Page 43 of 736 Meridian City Council January 15, 2019 Page 35 of 102 friends and neighbors who will be affected by this. So, I asked you, sincerely, please, listen to the citizens' concerns tonight and comprehend what they need now and in the future and require these changes to ensure that we get the most we possibly can with what we have been given by this applicant. De Weerd: Thank you. G.Reynolds: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. Arnold, a couple questions for you. Appreciate your comments about sound. That's, obviously, something that's a high priority of mine. Do you not believe, then, that the -- the -- the -- De Weerd: Can you pull your microphone -- Cavener: Sorry, Madam Mayor. Thanks. I know that it's hard to hear in the back. Do you -- what's your take on -- on the applicant's reorienting of that large anchor called Winco on the map and orienting their -- their loading dock, so that it's -- it's facing -- I mean it's towards Linder and it's -- it's -- I think faces away from the homes that are in Paramount and it sounds like you and I both have a similar concern about that piece. Talk to me about why you don't think that this is being resolved by the way they have re-orient -- re-oriented the building. G.Reynolds: Madam Mayor, Councilman Cavener, yeah, I agree this orientation is so much better than what we had the first time. It definitely will help. The problem is, unfortunately, sound, as was mentioned earlier, doesn't really adhere to map -- plat maps and building design. If they maybe built a shell -- some of these you see at a concert hall to reflect sound, that would certainly make a difference. That would take all that noise and push it that way. As it stands with a flat wall you're going to get a little bit of reflecting of anything that's right against that wall, but you start to get away from that and sound is just going to go right over it, right around it. Cavener: Madam Mayor, follow up. The commentary about the character of this proposed complex not meshing with -- with the Paramount neighborhood, we just all saw a video that kind of laid things out. Tell me what about that you don't feel meshes with the character of your neighborhood. G.Reynolds: The video that you saw was focused on the little plaza, the one piece that everybody loves. That's the piece that we got after that first design ; right? So, none of that was there. But if you look around what was shown maybe from a very high view, things like that, was those big seas of parking lots. We have the big parking lots surrounded by big buildings that literally turn their back on the neighborhood that they Meridian City Council Meeting Agenda February 5, 2019 – Page 44 of 736 Meridian City Council January 15, 2019 Page 36 of 102 claim to be a part of. That's really the big piece. I think if -- if you refer to the letter that my wife submitted, Sally Reynolds for the record, she had a link to a development that was being done I believe in San Diego that showed how you could greatly incorporate all sorts of businesses, residential, everything in such a way that it flows seamlessly with the neighborhood and you know -- and it really does come down to the fact that Winco doesn't fit; right? I mean if we say that Winco is going to be in this development, which almost certainly is at this point, it just doesn't fit and so what we are faced with is where do we put that big box. If we -- if Winco really cared about the neighborhood, really cared about the residents, it would be up in the northwest corner. I mean my 11 year old came up with a design. She said why don't we put it in the northwest corner. Why don't we call it Linder Summit. Why don't we put a big mountain on the backside to block the view, they can put trees and signs and everything and that big summit would be Winco, everybody would look at that and say how cool is that. But we have a big box that turns its back to the neighborhood. Cavener: Thank you. G.Reynolds: Thank you. De Weerd: Okay. G.Reynolds: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a request for the other folks that are -- are bringing testimony this evening. I understand that passions are high on this particular type of application, but I just would encourage you to be neighborly. We don't need to make disparaging comments about the applicants or any potential tenants. I think it's important that we be good representatives of our community and show our best. So, even though we may feel one way, let's try and refrain from that sideways conversation up here. I would appreciate it. De Weerd: Okay. Coles: Sally Reynolds is next. S.Reynolds: Good evening, Madam Mayor and Members of the City Council. My name is Sally Reynolds. I reside at 1166 West Bacall Street in Meridian. I am here tonight representing the Paramount HOA -- I am here tonight representing the Paramount HOA advisory board and as such would be -- request to have ten minutes. Okay. Thank you. The revised concept plan brought before Council today is a reflection of the direction the applicant received from City Council and ACHD. Three items remain. Residential to commercial road connectivity, Winco operating delivery hours and safety measures and Meridian City Council Meeting Agenda February 5, 2019 – Page 45 of 736 Meridian City Council January 15, 2019 Page 37 of 102 noise mitigation in phase one. First roads are under ACHD purview. The city staff report was issued before the ACHD report was issued. ACHD's 52 page staff report was uploaded just hours before the Planning and Zoning Commission meeting. We asked Planning and Zoning for a continuance to review that report and also so that the public can speak at the ACHD hearing on December 5th, but were denied. Paramount residents took time off work to attend the ACHD hearing, which was held in the middle of the day, but ACHD agreed only to explore traffic calming measures. We are depending on you to hear these concerns and recommend a different approach for Bergman to ACHD. Without McMillan Road being improved there will be cut through traffic in Paramount. Four reasons why Bergman should not directly connect is that other similar commercial areas in Meridian do not have residential connections at all. Punching Bergman through, especially during phase one, will create another Magic View Drive scenario. ACHD knows the existing traffic issues Paramount faces with high school traffic and speeding , so why would they want to compound that. And, finally, Paramount will have access to Linder Village through Fox Run. First here are some examples of nonconnecting residential areas. The target and the Staples off of Eagle Road both have residential directly behind them and do not connect. The Lowes on Eagle Road you can actually see a stub street that was walled off so it does not connect to Records Road and the similar thing with Walmart off of Overland, there is a stub street that was walled off as well. Second, you understand the cut through traffic Woodridge faces on Magic View as a shortcut between Eagle and Locust Grove. Paramount will be the same way. Meridian or McMillan Roads are frequently backed up with stopped traffic for a half to three-fourths of a mile. This picture was taken on a Friday before the 5:00 o'clock rush hour. This morning Meridian Road was backed up for over a half mile. What is the likelihood that drivers will crawl west along McMillan and make a right on Linder only to wait through two stop lights, which may or may not be synchronized and potentially a 20 mile per hour school zone or will they go through Paramount, down streets, past the elementary school, which has no school zone speed limits, through a neighborhood with over 700 -- or 575 children who walk and bike not only to school, but to friends' houses, church, scouts, extracurricular activities, sports, music and art lessons. The ACHD report tried to downplay the cut through traffic saying that drivers would have to go a half mile out of their way to go down Cayuse Creek to cut through Bergman, instead of just going down Linder, so no one would do that. In fact, this is their graphic. However, we see those drivers make that choice every day when there is high school traffic or Linder is backed up, which will be a lot more often now. This picture was taken the day before the prior City Council meeting. The officer pulled someone over on the exact stretch that ACHD highlighted. So, here are three solutions. The best scenario would be for Bergman to only go through to the residential area as depicted. Another solution would be to wait for Berg -- to develop Bergman until after phase one, so it doesn't scream for cut through traffic. When-if it's connected we would like to see a traffic circle at the junction to the collector road and a speed dip where Bergman connects to the development. Both those items can be addressed in the DA. We also request two additional stop signs at Barrymore and Bacall, so they now become four way stops and ACHD would be in charge of implementing those. We also request that if Bergman is built that the sidewalks are required to be built with phase one as well. Secondly, Winco operating delivery hours. We appreciate the receiving docks facing towards Linder, but in the middle of the night loud noises will still Meridian City Council Meeting Agenda February 5, 2019 – Page 46 of 736 Meridian City Council January 15, 2019 Page 38 of 102 travel to nearby residences. You can interpret your own city code to say that this land is one contiguous piece of property that does abut a residential district because it is seeking annexation that way, plus the precedent has been set by other retail stores, Walmart, Walgreens and Costco, who all operate -- who all limit operating delivery hours. Finally, in the staff report it says that the City Council can require further limitations when deemed appropriate. Winco will already have a competitive advantage by operating 24/7. Please at least limit delivery hours so families can sleep at night. During the ACHD hearing the applicant's attorney said, quote: The commercial operations of Winco, the only real outside operations are the trucks pulling in and meeting to the docking bay, which is sealed to the back of the truck. All the delivery forklifts and the like are conducted inside the store. There are no garage facilities and the like on the backside of that building. Close quote. However, the noise study submitted stated from 4:45 a.m. to 7:00 a.m. they observed, quote: A number of semi trucks and smaller street trucks making delivery. Noises from forklifts and roll up doors at the rear of semi trailers, noise from hydraulic equipment, presumably cardboard compactors, lift case and forklifts and some noises from rolling carts while unloading smaller trucks. End quote. Add to this the engine sounds idling, backup up beeping and brakes on semi trucks and that is a lot of noise, not to mention the ambient noise of the increase in traffic. Winco is already being allowed to have a larger footprint and potentially operating 24/7. So, please, limit the delivery hours. The Meridian police agency comments encourage, quote: Limiting delivery times as much as possible. The sound study did not include the backup beeping, because under Meridian City Code safety warning devices required by law are exempt from noise disturbances. Also exempt are, quote, sounds caused by devices or machinery that is part of the use within the confines of a particular zoning designation that the device is located. End quote. This means that Winco and its delivery operations can make any amount of noise between 11 :00 p.m. and 6:00 a.m. and citizens will have no protection under the city code. Their only recourse would be a costly public nuisance case. According to a Winco 2013 application, a Winco store has, quote, approximately what -- excuse me -- 150 to 160 truck deliveries per week, consisting of all truck types, specifically 45 semi tractor trailers and about 105 other small delivery trucks. About eight semi tractor trailers and 17 small trucks would access the site on the light days . On heavy days five semi tractor trailers and eight other delivery trucks . Generally all deliveries would arrive in the early morning, meaning that time we are talking about. Dwell time would typically be less than 90 minutes, but could reach up to 120 minutes. End quote. So, that is 13 to 25 trucks arriving daily, 65 percent of which are smaller trucks that don't dock to the bay and five to eight semis that will idol from 90 minutes to two hours each . The city council of Arlington, Texas, approved the Winco with stipulations that delivery hours are not between the hours of midnight and 6:00 a.m. Surely if Winco can follow those rules in Texas they can follow them in the town right next to their headquarters. We ask that Winco limit delivery times or completely enclose the receiving docks and build both the live-work buildings in lot -- in Lot 16 as part of phase one. Lastly, safety and noise. Limiting Bergman connectivity and Winco delivery hours would address most concerns as summarized on this graphic. The last one I will mention is that ACHD recommended that no designated crosswalks be constructed and -- excuse me -- until the residential portion is built. We would hope that when the collector road is built at least one, if not all, of the raised crosswalks will be constructed and, hopefully, one will be signalized. Please Meridian City Council Meeting Agenda February 5, 2019 – Page 47 of 736 Meridian City Council January 15, 2019 Page 39 of 102 include this in the DA. Finally, we have been so busy focusing to ask the -- to ask the developer to get the major points right we haven't even discussed some of the more minor details, two of which are the outside elevation of Winco and the naming of the development. Could we elevate the architectural standards for Meridian and not settle for a boring bland brown box with materials that look tired and worn after five years. A Winco built in 2010 in Roy, Utah, used full stack stone columns, wood beam and stucco on the facade giving it a more substantial look that has weathered well over time. Ten years. This elevation would blend more nicely with Paramount and the surrounding commercial area. Also can we, please, ask the development be called something besides Linder Village? A village implies a cozy feeling with small shops and a sense of community, like The Village At Meridian. While running a Facebook page about Linder Village people have messaged me asking if there will be an ice rink, a water feature, a cool kids playground or a movie theater there, to which I have to sadly say no. So, please, don't let them leverage the brand of the Village At Meridian on a development that is really more like a shopping center or plaza. Due to limited time I am submitting for the public record four exhibits. Exhibit A is the reason this application does not comply with findings A and C according to the Unified Development Code in order to be annexed and zoned into the city. Exhibit B comes directly from the staff's report and it has the comments in green that citizens would like to see added everything from just some bike racks to a couple wider sidewalks, things like that. Shrubs. C is the minutes from Arlington, Texas, City Council meeting and D is a list of questions residents would like to hear discussed during the deliberation. I also did submit two petitions, one which had over 150 signatures for limiting the Winco delivery hours and another petition with over 325 signatures asking for East Bergman traffic -- traffic calming problems to be taken seriously. So, I will conclude with the slide summary using the key points for your consideration and stand for any questions. De Weerd: Thank you, Sally. Council, any questions? Bernt: Madam Mayor? De Weerd: Yes, Mr. Bernt. Bernt: Sally, hello, how are you? Reynold: Good. How are you? Bernt: Good. Can you -- could we go back to the traffic pattern slide and can you walk me through your concerns in regard to cut through traffic. Wasn't -- it wasn't -- there we go. Walk me through it, Sally, please. Reynolds: Yeah. Sure thing. So, here we have Heritage Middle School. Right? And this is a 20 mile per hour school zone, so as people are coming up here, if they are going to want to get into Linder Village not only are they not wanting to go 20 miles an hour, but the chances of them even continuing on that all the way up Meridian to make a left here, to make another left when they can just get -- get in right here to Paramount and go that Meridian City Council Meeting Agenda February 5, 2019 – Page 48 of 736 Meridian City Council January 15, 2019 Page 40 of 102 way, it would be a great temptation. Also you can see these are all the apartments that Mr. Arnold referred to previously and I have no doubt they will already be accessing it, you know, through the neighborhood, which makes sense, but they can access it through Fox Run over here. So, this is where McMillan is continually backed up until -- as a matter of fact, I -- I pulled into Paramount the other day, because I was running late and I was backed up all the way back here and so I saw that all the cars were stopped and so I just pulled in right here and tried to get home, because I had to get home to kids. So, it's backed up a lot and I -- I mean as a driver I don't know that I would want to wait in this long line to make a right to go through Rocky Mountain traffic, to go through this light and this light -- like I said, we don't know if they are going to be synchronized -- just to go into there and as for this direction, the high schoolers all the time they come out and this is backed up -- sometimes this is backed up all the way here to Arliss and so if they see that they don't want to make a left out there, they just as soon go right and they will cut to get through to Meridian or they will go up here to Chinden and I could see them just doing the same, to come -- come up here to cut here and, then, get over there to get out. So, there is -- I mean there is so many different ways through that neighborhood and -- and I understand that ACHD wants connectivity. I understand that. But there has -- there has got to be some balance of a neighborhood, especially that's filled with school children and where the school is right in the center and they are all in walk zones and that 600 kids from K to five, that was only elementary. All of our Heritage students and Rocky students are in the walk zone and Eric wasn't able to get me those -- those numbers in time. I do know to the north I saw a letter from ITD and they were very concerned, you know, as I'm sure you're well aware with signalization at Bergman, because they are worried about cut through traffic coming south, you know, going into Temple and coming down Bergman and for those Foxtail residents and I really have to hand it to them , you know, they are protecting that light at the risk of all of those Fred Meyer shoppers , not -- and the Foxtail people not being able to come out and make a left. I mean I honestly don't know how -- and so they -- but it's more important to protect the Foxtail residents and their quality of life than it is to give commercial access to Fred Meyer shoppers. I mean I go over to Fred Meyer all the time. I'm looking at this going I guess I will go out behind Fred Meyer and make a left on Linder and come home. So, there is not really a good way for me to get home from there. Yeah. That's true. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Sally, I appreciate that you presented your testimony here tonight. You touched on connectivity, which is something I think that -- the reason why ACHD prioritizes it because it -- it does reduce a lot of traffic that ends up on our streets and roads. Likewise, I think we hear from our residents that live by that Target say, man, I wish I could drive over there and shop. So, you're definitely tied in within the -- the Paramount community, you don't have a homeowner's association, but am I hearing your testimony right that the residents of Paramount don't want to be able to drive in their neighborhood? Bernt: Right. Meridian City Council Meeting Agenda February 5, 2019 – Page 49 of 736 Meridian City Council January 15, 2019 Page 41 of 102 Reynolds: They -- they do -- they do not, because this neighborhood is not what we thought it was going to be. If it had adhered more to a mixed use community I think that we would be more apt to do that, but with 20,000 cars per day coming in phase one and 30,000 in phase two, those numbers just are something that our neighborhood is willing to deal with as a side effect. We would be -- we are happy to go out Cayuse Creek and do 500 feet on Linder just to turn right into there. Plus we are supposed to have access through Fox Run. So, we will have access without going out of our neighborhood. I mean it's a mess. I think that I would be more in favor of this connectivity as well if Meridian Road and McMillan Road were also being improved, so that there wasn't that intention and I understand that that -- you know, that's not something that we can control right now, but it is a factor in why Paramount residents don't -- aren't in huge favor of this cut through, especially -- especially during phase one, because it's just -- it's just going to scream this is the way you -- you go, because there is only going to be a few businesses back there, so -- Cavener: Thank you. Bernt: Thank you, Sally. De Weerd: Any other questions? Thank you. Reynolds: And I will give these to the clerk. Coles: Andrew Ebright is next. De Weerd: Good evening. Ebright: Good evening. My name is Drew Ebright. I live at 1065 West Barrymore Drive, which is located on the corner of Cayuse Creek, Bergman and Barrymore. We -- as Sally has stated before, Paramount is a very highly populated area with lots of children. All those children are out and playing in the roads every day and not -- that doesn't take into account their younger siblings who are not at school yet, which like to come out and play with their kids as well. We are very much against , as a neighborhood and individually, the extension of Bergman to the connector street. There is no need for it. It's not necessary. ACHD may want it, because it deals with their failed traffic policies they have now of the failed situations we can't control because of our unprecedented growth, but why push those traffic solutions through our neighborhood when it wasn't designed for that. When we are talking about safety, I do architecture for a living and what's -- what we really look for in architecture is relegated basically to the building code, which is a limiting factor for life safety events. Why would anyone in their right mind try to push forward a design that actually increases those life safety events and the possibilities of recurrence with an additional 1,300 vehicle trips going through the neighborhood every day for cut through traffic. I know ACHD says cut through traffic is minimal, but I disagree. I use cut through traffic to go from my house in Paramount Subdivision to get down to Eagle by way of all the roadways and subdivisions north of Chinden because it's faster than waiting in line on Chinden. People do it. It's a fact. I would really like to see all the Meridian City Council Meeting Agenda February 5, 2019 – Page 50 of 736 Meridian City Council January 15, 2019 Page 42 of 102 traffic calming measures, if you're going to really insist on having Bergman cut through, absolutely, every single one of those available options, traffic tables, roundabouts, valley gutters that are very deep -- all those things that need to be implemented as part of the development agreement per phase one of the development agreement , not -- not waiting until a future development. That doesn't do anybody any good. That's about saying we don't -- we care more about the tax dollar than we do about our safety. De Weerd: Can I ask you where you base that -- that comment on? Ebright: As far as -- De Weerd: I'm sorry, but you're -- you're accusing Council up here, who hasn't made a decision, saying that we are looking for the money, not for public safety, public traffic flow, the same kind of traffic that you just say you do in other neighborhoods and it's okay for you to do it, but no one else should. Ebright: I'm not saying it's right, but I'm saying it's a definite thing that it does happen. That's why it -- for ACHD to publicly state that it's not -- it's not an instance -- it's not something that's done, that's -- that's wrong. That's -- it's false. We are -- we are just looking to -- to the limit the life safety issues that possibly could occur by the extension of Bergman into this development on the -- on the connector street. It doesn't need to happen. We can go through -- go through Cayuse Creek, go out to Linder that way or we can also go through our subdivision to Fox Run. De Weerd: Can I ask you what kind of architect you are? Ebright: I practice -- I'm not a licensed architect. I practice architecture. We specialize in multi-family developments throughout the west and the Prelude At Paramount apartments were one of my projects. De Weerd: Thank you. Coles: Next on the list is Alicia Milstein. De Weerd: Thank you for joining us. If you will, please, state your name and address for the record. Milstein: Alicia Milstein. 584 West Dreyfuss Street. De Weerd: Thank you. Milstein: And I wrote a letter asking about the Comprehensive Plan and asked how Winco is allowed for an MCC designation as it is 20 to 30 thousand square feet over what the Comprehensive Plan allows for, but what I received back was the Comprehensive Plan is a visionary document with flexibility into it and now the city wants to change the plan again and I hope, in part, it is not to change the MCC to allow to have 80,000 square foot Meridian City Council Meeting Agenda February 5, 2019 – Page 51 of 736 Meridian City Council January 15, 2019 Page 43 of 102 24/7 box store next to neighborhoods. I personally like the idea that the developer was saying of having a non-24 hour Winco, smaller size, would fit much better in that place. But I want to address something that I hope means something to parents, the danger that is what it will create for children. ACHD estimates that five percent of the new traffic created by Linder Village will come through Paramount. Five percent of 20,000 cars in phase one and 30,000 cars in phase two a day. That's about 1,000 to 1,500 cars a day driving through our neighborhood streets. ACHD said in the last meeting I attended that safety is a concern. Two years ago my son was run over by a construction truck in the Paramount neighborhood two days before Christmas and we were in the ICU for a while. He miraculously lived, but lost the right front section of his brain. I have heard multiple accounts of kids almost being hit -- and actually being hit in our neighborhood. Linder Village is not a walk around destination like the Village on Eagle. People will not be walking to Winco. It is a drive your minivan and do your monthly shopping destination. The word Village here is just a PR word. Bergman has been addressed. Linder has been addressed and is a complete mess, but Director in our neighborhood that connects Meridian Road to the new -- to Fox Run that will connect to the Village -- Linder Village will become a high traffic street, because if you're coming from Meridian and you won't want to wait for the light to turn left on Chinden and, then, another light to turn on Fox Run, you will drive down Director with no lights straight to Fox Run and pass the 55 plus senior center, three Paramount neighborhood streets that feed into it and a pool that we built on the corner of Director and Fox Run with kids crossing across that street. We have a very unique situation as two schools reside in our neighborhood. There are over 600 K through five kids riding their bikes and walking to school -- grade school daily. Now, double and half that for the middle schoolers from Heritage walking, biking to and from Paramount and the Rocky Mountain high schoolers walking, biking and driving into and through the neighborhood -- anywhere else at 24 hour big box store like Winco would not be allowed in walking distance from a school, but for some reason it's going -- it might be allowed in this situation. I do not understand why Winco gets to break all the original plans, when Walmart isn't granted a 24 hour variance, Walgreens or any other business around us. Our neighborhood is being used and abused as a punch through to alleviate poor planning -- road planning for 24 hour shoppers. Shopping through dark area hours in the morning where our kids are trying to walk and ride their bikes to school, creating more dangerous for our children. We should at the very least have protection measures for our children. I haven't seen any being presented or addressed for the developer, except a little jog in the road coming from Bergman for cars to slow down there. How many other children have to be hit to have planning actually plan for them. Thank you. De Weerd: Thank you. I'm sorry, ma'am. We have a question. Cavener: Mrs. Milstein, not a -- not a question just more -- more a comment. Thank you for your testimony. I just want you to be aware every member of us up here is also a parent. Three of us have young kids in the home and despite some of the testimony that was shared earlier we really care about the safety of our kids. Milstein: Thank you. Meridian City Council Meeting Agenda February 5, 2019 – Page 52 of 736 Meridian City Council January 15, 2019 Page 44 of 102 Cavener: It is our primary -- at least for me my -- always my primary concern. I appreciate you reiterating that tonight. I think it was good testimony to provide for everybody. So, I just wanted to say thank you. Milstein: Oh. Thank you. Coles: Ann Huntington. Huntington: Good evening. My name is Ann Huntington. I live at 797 West Bacall Street. I grew up a few miles east of here actually. I'm a local physician. My husband's a local classical musician. We have four young kids under the age of ten. I brought my family back to Meridian to raise, you know, our kids in a safe family friendly environment and many of my high school classmates did the same. When I travel for conferences I'm proud to tell others about my hometown, as many of you are I'm sure, and I have recently reigned in that enthusiasm so more people don't keep moving here, so -- De Weerd: Thank you. Huntington: But I'm very complimentary of the work that you have done. Just wanted to let you know that. It has occurred to me that we are representing, as we have mentioned already, folks who cannot yet advocate for themselves , our children, but also I have had patients who live at Veranda, some of them have dementia, some of them are out there on walkers, they can't advocate for themselves. So, we need to keep that in mind. The world is changing rapidly. Healthcare -- and I'm just going to take a little bit different spin than other people have. Healthcare of necessity continues to see sweeping changes on a continuous basis and has at times been criticized for being too reactive rather than proactive. Some of these changes are needed to provide more value to the patient called value based care, rather than the traditional productivity driven care. Some of these changes are needed to reach the rising generati on, the millennials, through means such as doing scheduling and communication with healthcare providers all online. Many people are seeking for real help, not to live longer and be kept alive by medications, but to live a truly healthy, happy lifestyle. So, my family loves to go to the Village At Meridian. We go there because we love to spend time there. We spend money there because we spend time there. Sometimes I go to the big box stores a short distance away, but only if I can't find something online that I need or want. I anticipate that our children will do the same. We are online shoppers for those kinds of things. We really need great places to gather on this side of town. Let's face it, the Village At Meridian is getting a little bit crowded. I previously lived -- you know, I shop regularly at Winco, but I had previously lived behind a major retailer when I was in graduate school and it's pretty tough to sleep with those beeping alarms when you're getting up at 4 :00 a.m. to go to work. So, I will defer to Greg Reynolds for a more detailed account of why that's -- that doesn't work. How do we bring value to this area? How do we encourage tech savvy online shoppers to spend time here and spend money? By promoting a healthier, more active lifestyle. We have got a lot of soccer fields, but we need to be innovative, we need to look towards the future and -- and I don't feel that's represented in kind of being innovative and using unique spaces, using community -- more community opportunities. I would definitely pay Meridian City Council Meeting Agenda February 5, 2019 – Page 53 of 736 Meridian City Council January 15, 2019 Page 45 of 102 good money to kind of decompress after work and come to a place that is open and -- and where we can go to locally source an open air restaurant or gather with friends or family and it doesn't seem like that has fully been considered. So, let's -- I just encourage us to be forward thinking and we are setting kind of a precedent for what's going to happen with future development in the valley. Thank you very much. De Weerd: Thank you, Ann. Coles: Andrea Carroll is next. De Weerd: Good evening. Carroll: Good evening. My name is Andrea Carroll. I represent an organization of community members called Protect Meridian. My business address is P.O. Box -- De Weerd: Can you pull that closer to you. Thank you. Carroll: My business address is P.O. Box 2006, Boise, Idaho. 83701. I would like to start off this evening by saying thank you so very much for -- for the resistance to this development that was provided from the Planning and Zoning Commission back in 2017 and 2018, as well as the direction that this body provided this developer a year ago. Without that push this development as it currently stands would not have become what it is. It is highly improved. I'm still going to ask that you deny the development, but I do want to say thank you, because if you don't push back developers just assume when they come here that they are going to get a rubber stamp of approval and until they experience that push back they are not going to strive for something better and so thank you. I would like to talk more in depth -- well -- well, I would say that all of the original points of my original legal memo that I provided last year, they are still valid -- valid. I want to talk about the variance, because it was mentioned that 11-3-3H-4 is sort of like a variance shortcut and it's certainly my belief that this provision of Meridian City Code does not comply with State Code 67-6516, because the only way to grant a variance is to have findings of these three decision criteria and there is no shortcut in state code to a variance with ITD approval and so I would ask that you focus on the -- the findings for a variance that are required both by state code and by city code, because when cities have approved variances without making those findings, the -- the Idaho appellate courts have rejected those approvals. In City of Burley versus McCaslin Lumber the Court of Appeals rejected a variance that was approved and the -- the -- the justification for the variance is very similar to this development where the developer, essentially, wanted to provide a more dense development, a more profitable development, because if you look at this parcel you can certainly conceive of development -- perhaps not as dense, perhaps not as many cars per day, that would be able to fit just fine with the access points that Joe was able to show that were the original access points. This isn't a parcel that when you look at this physical parcel there is any problem with creating a development that would work here, it's just this is more profitable. That's not a good enough reason under state code to be able to grant a variance and so I would ask that you not gloss over this in deliberations. I think the -- the Costco application was referenced in the comments by the city attorney Meridian City Council Meeting Agenda February 5, 2019 – Page 54 of 736 Meridian City Council January 15, 2019 Page 46 of 102 and I would just -- I would just urge you to -- to not gloss over the variance criteria, because -- De Weerd: If you can summarize. Carroll: I will. I believe that the city struggled in creating the written findings in that particular application and I don't think it meets the requirements for finding this under city code. I would just ask that you pay a lot of attention to that variance criteria. Thank you very much. De Weerd: Thank you. Coles: Jonathan Kahnoski. Kahnoski: Good evening. My name is Jonathan Kahnoski. I live with my wife at 357 West Heston Court. That's in the northeast corner of Paramount, Meridian, Idaho. 83646. De Weerd: Thank you. Kahnoski: Yesterday afternoon -- early afternoon I dumped in clerk's lap multiple documents. I don't know if you remember them. One of those that was included, the appendix one, which was a discussion of a rather crude alternate site plan that I think if you go back and review you will see that it does, in fact, answer or respond to some of the comments of the last few speakers, but since you have that packet -- and I hope you read it or had a chance to read it -- I'm going to limit myself to a series of rhetorical questions, starting with why are we here. Why after going on two years we still have the same ugly strip mall, with the same tacky contemporary finishes scattered over the same giant parking lot, with the same lack of any kind of pedestrian access or flow from one end to the other. Restaurants are over here. Retail is over there. Winco is back there. Why? And we have the same demand from the applicant's tenant for an industrial 24/7 operation and nighttime deliveries. Why aren't we demanding the applicant's tenant choose between siting their industrial operation in an industrial zone or a modified business plan that respects the tranquility of a residential neighborhood next door. Why are we considering an application that is so contrary to the spirit and intent of the city's Comprehensive Plan and the mixed use community zoning requirements? And speaking of the Comprehensive Plan, after spending loads of staff and energy and asking citizens for their participation in developing the Comprehensive Plan and, then, inviting people to read the plan and use it to make decisions about where to live and work, why don't we consider that Comprehensive Plan as a promise to the community that this is what the city is going to do. Not guidance. Not suggestion. Not flexible. This is what we are going to do. Eisenhower's plan for the invasion of Europe was we are landing in Normandy. Not Pas-de-Calais, not Bay of Biscay, we are going there. He was, I guess, inflexible. Is the Comprehensive Plan to be radically changed even undermined -- by the way based on social media and mouse clicks responding to the applicant 's Facebook statistics and even if, miracle of miracles, the applicant's tenant agreed to modify their business model, how at this date can we trust them and if they violate their promises to whom do we appeal Meridian City Council Meeting Agenda February 5, 2019 – Page 55 of 736 Meridian City Council January 15, 2019 Page 47 of 102 for relief and what will the city do? Fines? Jail time? Are we ready to say no to bad development? Can we say -- can we insist on the Mustang GT we want and not accept the Taurus they are offering. I strongly urge you to vote no. Thank you. De Weerd: Thank you. Coles: David Eastman is next. De Weerd: Good evening. Eastman: Madam Mayor, good evening. Council Members. My name is David Eastman. I reside at 1192 West Bacall Street, Meridian, Idaho. First -- and I'm sure you will agree, I am completely impressed with members of the community that have presented thus far and I hope I don't detract from what they have said, because they have been concise and accurate and they have -- what they have brought to the table tonight has been well thought through. What I would also like to add on that is it's unfortunate that the applicant has not relied on them more and by saying more I mean they really haven't relied on them at all. These people are intelligent, they are professionals, we have -- and, you know, you may disagree sometimes with his delivery, but Joe Marshall is -- he's a brilliant guy and I have been thoroughly impressed with what he said tonight. That being said, I would really like to step back -- and there has been a lot of obfuscation here and I would really like to just step back and look at this for what it is. If you look at this and what they have tonight and especially what they don't have, you can see starting at one in the projects -- of the project, they don't have connectivity, they haven't worked that out. It doesn't exist. There is obfuscation and there is various adjectives as to where that is. It doesn't exist. They don't have connectivity on Fox Run. They have two major buildings. They have an 80,000 square foot store and, then, they have a -- what could be construed as a strip mall with the other building. They have 24/7 access and 24/7 delivery and I would invite the Council to maybe ask the applicant how they skirt OSHA requirements for their beepers on their backup truck and their forklifts. I'm very familiar with those requirements and I haven't seen a business yet that can get around that. And, then, you may want to ask them -- and they -- they may want to confer on this, but you may want to ask them again if there are any Winco stores of similar size without 24/7 operations, especially maybe in the Portland area. But they can answer that question. You're also looking at something that has two access points off of Chinden and -- and various presenters have already addressed that. There isn't a library. There is talk of a library. There isn't a library. And so my point in saying this is if you look at this, I think you can agree that we can do better. This is mediocre. Madam Mayor, when you did your conference call discussing the new Comprehensive Plan process, the first thing that you mentioned was how proud you were that the new Costco was going to be developed in concert with the neighborhood and the surrounding community. This is not the case with this property. It could be better. It's mediocre and it's -- it's a strip mall and a box and that box operates 24/7. There is no access. There is no library. They want two access points off Chinden directly and it's just -- it could be so much better for the community. Any questions? De Weerd: Thank you. Any questions? Meridian City Council Meeting Agenda February 5, 2019 – Page 56 of 736 Meridian City Council January 15, 2019 Page 48 of 102 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Because you brought up the access there, so you don't want access off of Chinden? Eastman: For various reasons and for the same reason that Mr. Marshall elaborated. I think he would be better to address that than I would. You can agree -- I mean if we flip this -- sorry -- with the access points we are basically looking at Fred Meyer across the street, a mirror image of Fred Meyer, except Fred Meyer won't have the signal that would exist off of Fox Run, but Fred Meyer has these two access points off of Chinden and as other presenters have elaborated, it's -- it's not gone well and so to add two more is -- is -- I think you can agree it would be detrimental to Chinden and the traffic flow. Palmer: Madam Mayor. And I apologize I didn't catch your address. Do you live -- are you in Paramount? Eastman: I am. Palmer: Is one of your concerns traffic going through the neighborhood? Eastman: It is. Palmer: Would you -- and this is not trying to be a got you or anything at all. I'm trying to figure out -- since I don't live over there -- do you think that the -- the accesses off of Chinden would have any effect on the neighborhood traffic, whether they were there or not? Eastman: You know, Councilman Palmer, I think this goes to a bigger picture issue, which is what they are trying to put in that neighborhood -- I'm sorry -- what they are trying to put in that space adjacent to the neighborhood and what they are trying to have access to is just not conducive to what should have access in that particular location. So , what they are doing is they are sticking something in there that requires a bunch of cars to come in every day and they have given numbers 30,000 and 1,500 going through the neighborhood a day. It's just too much and it's been shoehorned in and, fortunately, I have to say I have been very impressed with the Council and Planning and Zoning that they have seen that and they have tried to scale it back and they have tried to limit that and they have tried to encourage that access off a Fox Run and the backage road, but what they are asking for -- and, again, if you take a look at it, it's a massive parking lot full of cars and a strip mall and an 80,000 square foot store, they are putting that in and that requires the access, but it doesn't belong there with the traffic flow that we need from Chinden and the traffic that's being generated through the neighborhood. Palmer: Madam Mayor. So, totally understand what you're saying. So, if -- if the development is going to happen as it is -- Meridian City Council Meeting Agenda February 5, 2019 – Page 57 of 736 Meridian City Council January 15, 2019 Page 49 of 102 Eastman: Uh-huh. Palmer: -- with the point that you had made that it would require the access, would you prefer that the accesses not be granted on Chinden -- if it was going to be developed as the rest of it is or leave them there to provide that way north out of there? Eastman: Well, I think -- Councilman Palmer, I think you're asking if two wrongs make a right. Palmer: Yeah. Eastman: No, I don't think the access on Chinden should be granted. If they want to change and somehow figure out how their store can be served with access off of -- going through on that backage road, then, that's great, but the -- the corner is not conducive to what's being asked on the access. Palmer: Thank you. De Weerd: Thank you. Eastman: Thank you. Coles: Bruce Penske is next. De Weerd: Good evening. Penske: Hi. I'm Bruce Penske. Address is 998 West Bacall, Meridian. Most of these other people live on Bacall, too. We are the ones that back right up to this property. I'm the third door from Bergman, so I'm quite concerned about the access through Bergman. Mike Arnold, who was one of the first ones with his traffic study, had a good point about the traffic, that they didn't figure properly how many cars would come through and I think the construction equipment would be coming through Bergman, too, when they built the whole cross street there. I think there is so many concerns that have been aired tonight that I don't know how the City Council can approve such a development without answering all the questions that have still come about access, traffic -- there is still no agreement to get the access to Fox Run and I don't think it should be allowed until they can get through to Fox Run and have an east-west cross road through there and Bergman should not be punched through. Councilman Palmer asked about that and if I had a choice I -- for me -- and I live right there, I would rather see them on Chinden than Bergman and Bergman should not go through. I can avoid Chinden, but I can't avoid Bergman, because I live three doors from it and I take it every day, so -- the other thing is about the noise from Winco and truck delivery. I agree with the other people that said that it should be limited to daytime delivery hours, not overnight hours. If they can deliver in the daytime, they can do their restocking overnight. That's internal in the store , so that doesn't bother anybody. But I think there is a lot of -- a lot of questions on the entire development that still haven't been met and I don't think it should be rushed through, even though the Meridian City Council Meeting Agenda February 5, 2019 – Page 58 of 736 Meridian City Council January 15, 2019 Page 50 of 102 developers may not feel that the year they have waited already is not rushing it through, but I think they still have some work to do. Thank you . Coles: Greg Brown. De Weerd: Good evening. If you will, please, state your name and address for the record. Brown: I would be happy to. My name is Greg Brown. I represent the Russell Corporation, which is a general contracting and construction management company here in town and the address is 1940 South Bonito Way. Madam Mayor and Council Members, I have been here for several of these and listened to lots and lots of testimony and -- and you -- you're probably familiar with our firm and we have been active in any number of major projects in the area, including the Village At Meridian and more recently extensive development along Overland that Pins and Wahooz and so forth and so we see a lot of these developments as well and are familiar with them and I would just -- I have listened to all of the testimony now for several of these meetings and I have heard the same objections over and over and over and over, but as I understand it, at least at this point, unless I missed something, the only objection that you have at a staff level that exists at this point from them at least is along the Chinden corridor and the access and that's been addressed by both ITD and ACHD, as well as your legal counsel, and it doesn't appear to me that -- that that can't be dealt with and I would point out just from a layman's perspective, I guess, because I'm not a traffic expert or anything else, but the -- the access that they are asking for along Chinden is identical to what the Village At Meridian has along Eagle. I mean it mirrors it. So, with that I will stand for any questions you might have and -- De Weerd: Okay. Thank you. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: While the objection does come from staff level, I -- and we do often override them, I want to -- I always try to make sure that we understand why it is that we are going against the recommendations from staff, so that we can at least make the argument as to why, rather than just doing it because it feels good. But you mentioned you're representing Russell Corporation, what -- if you don't mind me asking what -- what would be your, yeah, level of participation in the development of the -- Brown: Our roles is defined at this point. We -- we support the project and we support it going forward. We may or may not be involved in the project -- maybe a general contractor or construction management role, but there is no defined role at this point. Palmer: Madam Mayor. The reason I ask is the previous testimonial -- or somebody previously had mentioned that there could be construction traffic go through the neighborhood. I often see signs and everything -- not a construction entrance. I -- I don't Meridian City Council Meeting Agenda February 5, 2019 – Page 59 of 736 Meridian City Council January 15, 2019 Page 51 of 102 know how well those worker -- or what other steps may be taken to avoid that kind of thing. Given the -- who you said you're representing I thought maybe you might have any commentary as to what steps can be taken to help prevent that to maybe satisfy some neighbors' concerns on that. Brown: Well, there are always lots of steps you can take on a temporary basis to, you know, control traffic. That doesn't mean people aren't going to run over them. That happens all the time, too. But, certainly, if there were concerns and specific concerns those could be addressed. Palmer: Okay. Brown: Thank you. De Weerd: Thank you. Coles: Roseanne Hoffer. De Weerd: Good evening. Hoffer: Good evening. I appreciate the opportunity to speak. My name is Roseanne Hoffer. I live at 3944 West Caragana Court in Meridian. I do not live in the Paramount Subdivision. I want to commend the people who have presented tonight and have expressed their concerns for safety in their neighborhood. I visit the Paramount community very frequently, because I do have family that lives there, so I do understand their concerns. I have been in the area where this school -- very close to the school and understand the amount of traffic in that area and the safety concerns that could come with the increased traffic, but I'm here just -- I don't have any PowerPoint presentations, I just come as a voice -- as a member of the Meridian community. I moved here when Meridian was 3,400 people, so I'm a little bit old and I have moved in and out of the community, but I have to say that Meridian is a great community. I don't think that we can deny that our growth is exploding. I think that we also need to acknowledge that with that growth we need to have business support. Where that happens I believe that people are trying to take advantage of the opportunities that we have, you know, based on the land available. I don't think anybody is denying that people not move here, because we live in the great state of Idaho, we offer quality of life to people. So, someone made a comment about we don't want to turn this into California or something very similar to that. I think that -- I don't think anybody that is moving here from California wants to turn it into California. They are leaving California because they desire the quality of life that Idaho provides outside of California. So, they are coming here with that desire, not to bring that -- that type of lifestyle into Idaho. So, I just kind of wanted to make that clarification or make that statement as well and to the people that are coming here for a better quality of life , so -- and I also wanted to speak specifically about Winco and I really -- I have been to several of these hearings. I appreciate the time and the concerns that they have put into and the money they have put in to try to address the modifications for noise and traffic. I know it's not ideal, but we also need to realize that there is already a traffic concern in this area Meridian City Council Meeting Agenda February 5, 2019 – Page 60 of 736 Meridian City Council January 15, 2019 Page 52 of 102 and the residents of Paramount have already addressed that as well. So , I -- I want to commend them for trying to do the best they can to, you know, bring their brand to our community as well. As we look at business expansion and growth in our area what better way to bring growth to our area than to bring the Winco brand, which originated in our area, to support our community. Winco now has businesses in eight other states besides Idaho. I actually recently visited to Arizona -- and I know you pinged, but I think that we need to -- we need to support our local economy and we need to support local companies that represent the state of Idaho as well. De Weerd: Thank you. We appreciate your testimony. Coles: David McKinney. De Weerd: Good evening. McKinney: Thank you. Good evening. David McKinney. 1225 West Bacall Street in the Paramount Subdivision. This has been a long process getting here and there is some fatigue among everyone involved I think, but the current plan is much better than what was originally proposed and some incremental improvements have been made, but there are still a couple of things that -- that are lacking. I mean it's been mentioned -- it's more of a strip mall and it would be nice if we could have something better. I fear that we are not going to be able to get a whole lot beyond that, but let me -- let me mention a couple of points that haven't been brought up. With respect to the hours of operation, the development code Section 11-2B-3, Subsection A-4, states -- and I know you're familiar with this. Business hours of operation within the C-C districts shall be limited from 6:00 o'clock a.m. to 11:00 o'clock p.m. when the property abuts a residential use. Now, if we look at the developer's plan -- and I don't know if that's up on the screen. If you can put the -- just the overall plan on the screen. The live-work buildings at the south western region directly behind the Winco, that's a residential use and it immediately abuts the Winco property. Therefore, this section of the code applies. Therefore, extended hours of operation in the C-C district can only be requested through a conditional use permit. Now, the -- I think there is a solution, however. A conditional use permit could be granted if the condition were that Winco put a roof over the loading dock. That would block out the remaining sound that I think is the biggest concern . I took this plan and using an engineer's scale concluded that the additional roof area needed would be about 20,000 square feet, at a price of about 34 dollars -- 30 to 40 dollars a square foot. That would work out to about six to seven hundred thousand dollars. Now, the developer -- and they could probably pin that down a little better than I could, but that's kind of my back of the napkin -- back of the envelope kind of a calculation. That would be my request there. And just a couple of words on some of the other issues. With respect to traffic calming, I would like to request, number one, that on the collector street, the collector road, that intersections be built with roundabouts as a traffic calming measure and that the speed tables that are proposed be put in in phase one, because until Chinden is widened from Linder Road all the way to Eagle, it's going to continue to be, essentially, a parking lot during the morning and p.m. peak hours. Because of that there is going to be a large incentive for drivers to use this collector road as a major cut through to avoid traffic on Meridian City Council Meeting Agenda February 5, 2019 – Page 61 of 736 Meridian City Council January 15, 2019 Page 53 of 102 Chinden. So, the traffic calming that would be a good feature to have throughout the whole project, it would be very helpful to have that in phase one. Finally, the concern about the access on Chinden, let me just say this. I'm on the Meridian Transportation Commission and nearly at every meeting the -- Sergeant Arnold from the Meridian Police Department comes and reports on traffic accidents at Linder and Chinden and they are nearly always because of left turn movements that are -- the permitted left turn, that is when the arrow is flashing yellow -- of traffic going eastbound and turning north onto Linder. T-bone type accidents. Those are the most serious accidents and they happen all the time. The left turns across Chinden, when there are all the lanes that are there in its ultimate build out, is going to have the same kind of a problem. I'm not as concerned about the right-in, right-out movements, as long as we have acceleration and deceleration lanes for those movements, but the left turns are the problem. De Weerd: Mr. McKinney, I'm sorry, but your time is up. McKinney: Thank you. Bernt: Mr. McKinney? Madam Mayor? De Weerd: Uh-huh. Bernt: I -- I'm looking at Chinden and I don't see any left turns out of those two accesses onto Chinden. McKinney: I'm talking about the left turns from Chinden into developments. For example, into the Fred Meyer development north of Chinden there is a left turn that goes in west of Bergman and you can see it -- it's kind of in the upper left of this plan that we are looking at. You can see where Bergman is, where it sort of looks like a four way -- Bernt: Yeah. McKinney: -- go to the west of that and look north. That entrance into that Fred Meyer parking lot has a left turn in that's allowed for eastbound traffic on Chinden. Right now those drivers only have one lane of traffic that's oncoming. That's why we don't have accidents there now. But we have lots of those kinds of accidents at the intersection of Linder, because there is multiple lanes of oncoming traffic and it's harder to see and harder to gauge that. Bernt: So, to confirm, you're concerned about the left turn going eastbound into the Fred Meyer development. McKinney: Well, what I'm saying is that's an example of a left turn that's bad and having a westbound left turn off of Chinden southbound into this development would be a bad situation. Bernt: Got you. Yeah. Yeah. Meridian City Council Meeting Agenda February 5, 2019 – Page 62 of 736 Meridian City Council January 15, 2019 Page 54 of 102 McKinney: Thank you. Bernt: No. No. One more. De Weerd: Mr. McKinney, one more question. Bernt: What was the question I was going to ask you? Oh. Where would -- where would -- you spoke about roundabouts. Can you -- can you show me on the map where you would propose a roundabout? McKinney: Sure. Essentially -- well, for example, where Bergman connects into the collector road coming up from the south -- Cavener: Sorry to interrupt. Dave, for the benefit of everyone in the audience and for Council, if you can use that pen and maybe -- McKinney: Does that work? That's one location right there. Another would be up here where -- again where the residential street meets the collector road and another would be right down here, so that incoming traffic to the development can be directed off to the north or the south and that will, again, you know -- and perhaps a fourth location right here. Roundabouts work very well. I have a background in traffic engineering. Roundabouts slow down traffic without stopping it and limit stop signs. Bernt: I agree with that. I -- I -- Madam Mayor, follow up? I just don't know how that would alleviate the traffic and the concern of your fellow neighbors going through your subdivision to the proposed development. I guess that would affect like, you know, the -- the traffic -- whether traffic calming measures within the proposed development, but I don't know how that would affect -- McKinney: Well, you know -- and, again, I'm -- I'm not trying to -- I'm not discounting the concerns about cut through traffic through Paramount, I'm simply choosing not to address it here. I think it would be additionally -- an additional speed table on Bergman would be warranted down here at the south end, in addition to the other traffic calming measures there. That is a concern. Bernt: Would be your -- Madam Mayor, follow up? Since you are the traffic, you know, commission in -- in our city what -- what would you recommend as far as cut through -- your concern. I would like to know what your -- what your concerns are, since you have experience with it and you sit on a commission that talks about it. McKinney: Well, number one -- Bernt: I know you didn't discuss it, but I'm asking you to. McKinney: Sure. The -- the indirect nature of the Bergman -- that's a great improvement, because that will -- that will discourage cut through traffic. Likewise, again, a speed table Meridian City Council Meeting Agenda February 5, 2019 – Page 63 of 736 Meridian City Council January 15, 2019 Page 55 of 102 -- at least one on Bergman also address that same issue. Not having Arliss connected is a good factor in my opinion. Bernt: One more time. You say not having what? McKinney: Not having Arliss connect directly into the connector road is -- is a good development. I think it is good to have vehicular access from the neighborhood and it's good that it's not direct access from the neighborhood. So, I think -- I don't know. I mean I'm inclined -- I'm not as worried about this as some of the other residents are, but that's just -- that's my opinion. The Bergman connection. Bernt: So, what are your thoughts about seeing the current proposal, where the -- where -- on Bergman, how it out goes from existing Bergman to a future use Bergman and it takes a right and right there there is a pool, what are your thoughts about eliminating that small little road that goes to the collector and only having access to the collector over by where Fox Run is? McKinney: Personally I would be fine with that. I know there are other residents who would want to have the vehicular access. I can -- I can see it either way. You know, I have my personal feeling on that as a -- as a sort of traffic -- the reason stub streets exist in subdivisions is to provide connectivity to adjacent development and I think too many connections is a problem and too few is a problem. So, having Bergman connect -- and I -- I acknowledge some of the residents don't feel the same way as I do on this one, but having Bergman connect is helpful. I like the fact that it's close enough I can walk to it. I'm happy to have a development nearby. Again, we just need to take care of the mitigate issues that exist. There is traffic issues, the noise issues and so on. But having development nearby that I can walk to is good and I know many other residents feel the same way. Bernt: Thank you, David. McKinney: Thank you. De Weerd: Thank you. Coles: Tyler Wilson is next. De Weerd: Good evening. Wilson: My name is Tyler Wilson. 5809 North Arliss Avenue and that's in Paramount. Madam Mayor, City Council, I just want to express my gratitude to each of you. I know you have heard a lot of testimony over the last year plus and I have repeatedly been impressed. I have told my wife several times I have been impressed with how much you have listened to the community, how much you have taken to account our feelings and our arguments and -- on both sides and I understand the difficult challenges that you're faced with and the serious nature of this development . It -- the opportunity it provides Meridian City Council Meeting Agenda February 5, 2019 – Page 64 of 736 Meridian City Council January 15, 2019 Page 56 of 102 Meridian financially in ways of access for -- for certain areas, especially areas to the north of us, I think there is some benefit there. The problem I'm having in all of this, though, is that from the beginning our main issues with this development have been the size of the buildings. The Comprehensive Plan outlined what size building should be here. The development overstep that, not only with one building, but two buildings and potentially in that future office retail third building. So, they are not only doing it once, but twice and, potentially, a third time. We have asked them to break it up multiple times, multiple occasions. They haven't done that. What they have given us is a few considerations, like turning Winco to alleviate some of the noise. What they have done is allowed or worked on providing access to Fox Run, while still putting an access on Chinden in two places and that left turn is going to be a nightmare. It's already a nightmare trying to get into Fred Meyer using a left turn. So, expand the road and it's going to be worse. My final concern I think overall, other than the fact that the buildings of the -- are the worst case scenario for this development, is that as you have stated, you all have children, they are a priority, but my -- I have a child that goes to Paramount Elementary, I have a child that goes to Heritage Middle School, and I have a child that goes to Rocky Mountain High School. They can't bus. It is not allowed, because they are all within a mile. So, they have to walk. This scares me. The amount of traffic that's going to be flowing through our neighborhood is frightening. Already just driving my kids to school in the morning, just to walk home afterwards because I'm at work, already just the high school students alone it's scary and that's just the high school students coming from Meridian Road to the high school. Add another 1,500 cars during the day, it's terrifying to a parent. Creating a possibility of access to this level it's scary for me and my family and -- and most of the parents and families in the sub -- in the subdivision. So, please, consider that and thank you for your time and for all that you do for the city. I appreciate it. De Weerd: Thank you, Tyler. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Tyler, thanks for your testimony. Given the -- the -- one of your passionate concerns is the traffic within the neighborhood , if the development was to be approved as the plat sits would you like to see the -- the accesses off of Chinden? Would you feel that those would help alleviate some of the traffic from wanting to go south to have easy access to go north? McKinney: Potentially. I don't know. I don't know traffic that well. All I see is what I see in my neighborhood and the potential that I see coming from this development is the worst case scenario. This development was never supposed to be this big. It was never supposed to contain what this is being -- what is being shoehorned in here like Mr. Eastman said. This is taking something that should have been a community based small forum development for the nearby communities to enjoy, like a village would be. Instead it's Fred Meyer. It's a parking lot with big box stores and access to a much wider community than was intended. I can see the benefit to that from some of our outlying Meridian City Council Meeting Agenda February 5, 2019 – Page 65 of 736 Meridian City Council January 15, 2019 Page 57 of 102 communities, but is their benefit necessary in this location? I don't believe that it is. There is so much open land available in our area still, there is absolutely no reason why this has to be forced into this spot. It was never meant to be here and yet we keep talking about the same things over and over again and they have given some minor concessions and I said in my testimony previously that I -- that I wrote in, you know, if this were a student at -- like my kid at Rocky Mountain, this would maybe be a C. You know, they have -- they have maybe given a little bit here, given a little bit there and like the individual in the construction said, they are meeting all the little things. They are meeting all the -- the rules and the laws, but is that good enough. If they just check all the boxes do we say, okay, great, let's -- let's do this thing or do we ask for the best that Meridian can offer and that's what I have been trying to say every single time I have born my testimony up here is that we can do better and we continue to fail to do better in this development and I think we can do so much better and part of it is why do we have to do this. It wasn't meant for this, yet we keep trying to do it. Coles: Jim Alexander. De Weerd: Good evening. Alexander: Hi. Good evening. My name is Jim Alexander. I live at 1060 West State Street in Meridian. De Weerd: Thank you. Alexander: You're welcome. And, boy, there is lots going on here. It seems like these meetings are getting better and better, because it's like my third one here. De Weerd: Can you pull the mic up a little bit. Alexander: Yeah. De Weerd: There you go. Alexander: All right. Thank you. I thought Mr. McKinney's testimony was pretty good saying that the traffic guy he thinks it's getting better. So, that's good news. Could somebody pull up the parking area on Google Maps or whatever you had before for the Village in Meridian and kind of compare the parking with this project. That's been a concern. And while we are doing that I would like to say the traffic congestion that people have been bringing up I think it's relevant and when these developers widen Chinden, wouldn't that alleviate some of these left-hand turn problems that people are talking about? And, then, I remember at the P&Z meeting they talked about the noise reduction on that wall. I think they said the normal decibel ratings in that area is about 40 and with this wall it comes down about 28 and that -- I think that's pretty good. Where I live off State Street is probably about a half a mile to three quarters from -- you know where Bobby's Automotive is on Meridian? There is that big green plane saw and that thing's loud and it runs all night and when I first heard that, you know, going out at night I thought, Meridian City Council Meeting Agenda February 5, 2019 – Page 66 of 736 Meridian City Council January 15, 2019 Page 58 of 102 holy smokes, that's going to be loud. But when I get in my house I have never in four years have been woken up by that noise. I'm thinking these backup bells probably not going to be that big of a deal. People got dual pane windows, you know, and you don't hear it that much. It could be different, but when I come out in the mornings sometimes you walk down the sidewalk. It's not real loud in my house, but right when you get into the next street it's louder. So, buildings, you know, block noise and things. So, I don't think it's going to be as bad as some people think. Let me see. Can you zoom in on that parking lot here at The Village? I'm just kind of wanting to compare what -- you know, everybody loves The Village and there is a lot of parking lot. I'm not an expert on it, but it seems to be a lot of parking. You know, all this parking. That seems like it's more parking than this development has. So, anyway, I think this project would bring a lot of the needed services to north Meridian. I think the traffic -- it would get relieved eventually, like -- you know, it seems like the developer is open to some of these suggestions. They have already done things or alleviate traffic. So, I'm in support of this and hope you guys can agree to it and, then, make it a little better with everybody's comments. De Weerd: Thank you. Alexander: Thank you. Coles: Nick Eller. Eller: Hi. My name is Nick Eller. I live at 851 West Honker Drive in Meridian and I have got a presentation that I should have on here. If not, I can wing it. So , to start, for those that are against this development or if you're on the fence about it , I want you to ask yourself about where do you shop for groceries , where do you go see the doctor, where do you go shopping for clothes, where do you get your oil changed, where do you go to the gym, where do you go out to eat, where do you go for entertainment. So, that's if you're in the north corridor and if any of those locations that you go to send you to Eagle Road or any other major collector street, you're already part of the problem -- the traffic problem. All right. I admitted it, I am, too. I'm not -- I'm not singling anybody else out, but it's not your fault. The northern Meridian corridor hasn't been able to keep up with all the residential growth, but all of us here tonight have a chance to change that and help bring smart growth to Meridian. Commercial developments like Linder Village have been halted by citizens out of fear of traffic. Hundreds of thousands of homes have been built in the Treasure Valley in the past few years, but commercial developments like this have not been able to keep up. The answer is to fix the traffic problems in our valley and community are not always make the roads wider, prevent -- prevent commercial development. The answer to fixing our traffic problems are developing more live -work- play areas in order to limit travel distances and overall duration. Bring -- bring jobs and traffic -- or bring jobs and shopping centers closer to home. Linder Village does that. Make development -- or developers accountable for widening roads to relieve congestion. Linder Village does that. City and commercial developments to provide for a safer, easier and more convenient means of transportation. Linder Village does. Meridian must grow in the northern corridor out of necessity in order to aid and provide relief for the central corridor at Fairview and Eagle Road. Convenience is quickly becoming a thing of the Meridian City Council Meeting Agenda February 5, 2019 – Page 67 of 736 Meridian City Council January 15, 2019 Page 59 of 102 past, but we can change that. Even more residential developments are planned to the west of Linder. W here will they shop if Linder Village is denied? On my presentation I did a -- kind of a quick study to look at radiuses around groceries. In this northern corridor there is Fred Meyers and Walmart that was recently built . In other areas -- and I have been up here in the past talking about the -- I call it the trifecta. You have got the northern corridor, you have got the south eastern corridor over by The Village and, then, you have got Ten Mile, which is currently under development. Each of those other pieces of Meridian -- they have got Albertsons, Winco, Walmart and, actually, the southwest portion has two Albertsons, a Winco and a Walmart. The other on the eastern side has three Albertsons, a Walmart and a Fred Meyer. The northern corridor is lacking in that area. Movie theaters. Ten Mile -- there is -- there hasn't been anything announced there, but in the southeast corridor you have got Village Cinema and the Majestic. In the north you have got to Eagle and fine dining. As we all know most of those fine dining areas that we go to eat are all at the Eagle and Fairview area. Shopping same thing. Oil changes. This should be in the public record. Thank you. De Weerd: Thank you. If you can summarize. Oh. Well, you didn't have to absolutely stop instantly. Just summarize. Eller: Thank you. If I can have a moment here, since I had to wing it on my presentation, I just want to go back to the P&Z meeting about some comments by Commissioner Holland -- De Weerd: As long as you can summarize. Eller: Yes. Thank you. That it really does make it more of a mixed use product and that's something we are missing here in Meridian. We don't have a lot of those live-work units and I really think it's valuable -- valuable to have that. That makes where people can live where they work and go to get groceries and you do really have a nice, nice plaza there. So, that's -- that's from P&Z and -- and it's in there. So, thank you. De Weerd: Appreciate it. Coles: Keith Jones next. De Weerd: Good evening. Jones: Good evening. Keith Jones. 280 East Corporate Drive, Meridian. De Weerd: Thank you. Jones: Thank you. As a -- as a father -- and I have heard a lot of concerns about traffic and it was a little bit confusing and I appreciated the Council that asked for a little more detail on what these back road traffic might look like . You know, people come through Paramount and I understand people will certainly cut through this back road, but if you have been through Paramount, as I have, it's a good way to get lost and you end up going Meridian City Council Meeting Agenda February 5, 2019 – Page 68 of 736 Meridian City Council January 15, 2019 Page 60 of 102 in circles and it's no shortcut at all and I just -- I was certainly concerned when I heard those types of concerns and even following the logic through the schools and the traffic from the school -- of the high school, the middle school are on Linder, that's a grade school that's in the center. I do believe that traffic is an issue in our valley, but it's not brought about by this project. You know, we don't have enough north-south thoroughfares, you know, off the freeway over the river. We bottle up at Eagle. That's not this project's fault. This project is bringing services to where we live. Our concern as an area is certainly to be urban sprawl, but we do need places where we live, work, play and early on this project did not check too many boxes at all, but over a period of time has changed significantly to the point where all the boxes can be checked and there is a process still to go through, but all other corners on this intersection have b een developed. This is 60 acres set aside for this. Nobody's talking about the residential piece that will be between everybody's homes that now back up to this development. And one last point that I hear and it sounds reasonable and I have heard it for years and that's the traffic that comes from Winco and the building's been orientated in such a way to where it's on Linder Road now. It doesn't back up to the homes. Somebody would have accepted a band shell to block the sound. I submit that there is a building blocking the sound. In behind that there is more buildings and plantings, et cetera. I vote yes for the project. We are in a unique position. Our signs are on that corner, although my role is undefined as well on a go forward basis. Four years ago we put an irrigation system on this property preparatory for this development and we put our signs and we left our signs up -- thank you very much -- and it's been four years and we get calls all the time because of it and I know for a fact there is many people -- more that support this that are not in this room than the voices here opposed to it. De Weerd: Thank you. Can you -- Jones: But I do believe -- De Weerd: Can you summarize, please. Jones: Thank you very much. De Weerd: Thank you. Coles: Madam Mayor, that was all of those that indicated they wanted to provide testimony on the signups. De Weerd: Okay. Council, at this time, before I ask if there is any additional testimony, we are going to call a ten minute break and reconvene at 9:30. (Recess: 9:20 p.m. to 9:34 p.m.) De Weerd: Okay. We will go ahead and reconvene this meeting. Thank you for the interruption and the break. Okay. We just ended up the public testimony of those that Meridian City Council Meeting Agenda February 5, 2019 – Page 69 of 736 Meridian City Council January 15, 2019 Page 61 of 102 signed up. Is there anyone who was not signed up that would like to provide testimony? Yes. Good evening, Denise. LaFever: Good evening, Mayor Tammy. De Weerd: Thank you for joining us. LaFever: My name is Denise LaFever. I'm at 6706 North Salvia Way, Meridian, and for a year and a half I have watched the Linder Village project through all of P&Z, city -- and City Council meetings, through the reconsiderations and the multiple continuations . I have to commend the residents who have stuck through the entire process. They deserve to be heard. I wanted to see how the ACHD public hearing process worked, so I attended the Linder Village public hearing. From my observation the infrastructure process is broken and the state has failed to properly fund infrastructure. P&Z and City Council have both been on record saying they aren't responsible for roads. ACHD has said they are not responsible for land use. ACHD has said they are not responsible for ITD. Who is responsible for the whole integrated solution? W here does the buck stop? Who delivers the executive oversight that ensures responsible roads and land use and demonstrates overall concern for taxpayers and residents now and in the future? That critical component executive oversight for an integrated solution for roads, to land use, to livability, to Linder Village neighborhood, appears to be missing in this application. The main concern seems to be focused on STAR agreements and expanding Chinden. The Paramount residents hasn't -- haven't said no to this development, they just want to see some changes that will respect their neighborhood and its quality of life . Is this City Council willing to sacrifice safety and quality of life for Paramount children and families to getting returned STAR's money, which is a loan? Bundle of rights. LUPA. Zoning laws. Comprehensive Plan. None of these say that landowners will -- with the most money have the right -- most rights. None of them say developing property is -- is to be developed at the highest rate of return and profit to the developers. LUPA and UDC both speak to complying with the Comprehensive Plan. Protect and promote health, safety and the general welfare. The Comprehensive Plan needs to matter and not just be a marketing splash for the city. The words quality of life and safety need to mean something to the residents of Meridian. The three biggest issues that I have heard in this is safety, delivery hours and noise. I would submit to the city they can ensure a win-win solution for the developers and the impacted residents by requiring some of the following ideas: Restrict delivery hours. If that's not acceptable, restrict alcohol and tobacco sales during the evening hours or the nighttime hours. Build a fence like Cory Borton's fence on Ten Mile and Chinden and around the back and towards the residents area. Restrict truck and traffic through the neighborhood. Safety. Avoid commercial cut through traffic. Place a light at Bergman and Chinden. This would benefit both Fred Meyers and Winco. Both developments. Remove the light at Fox Run and Chinden. Have right-in and right-out. Place a light at Records in Meridian. Put a walk path at Bergman to Paramount or restrict it just to the residential part of the unit. Don't -- don't develop access to the east across Brighton's property. Once again the residents haven't said no to the development , they just want to see some changes. Commercial retail developments rely on rooftops and traffic counts to be successful. The residents -- Meridian City Council Meeting Agenda February 5, 2019 – Page 70 of 736 Meridian City Council January 15, 2019 Page 62 of 102 De Weerd: Denise, can you, please, summarize. LaFever: Right now. Through the process I haven't seen an effort of the developers to work with the residents and so at this point I would greatly appreciate if City Council could help bridge the gap and look to develop a win-win best of your ability for this project to let the residents know they matter. De Weerd: Thank you. Yes, sir. Good evening. Quist: Mayor and the Council, I am Tyrone Quist. I live at 6725 North Linder Road in Meridian here and I live right across the street from the Fred Meyers, so I can get the exact noise that it has from living across the street from the Fred Meyers . There is no noise. There is no noise that I can hear being across the street from the Fred Meyers . The only problem that I have had is the lights from the cars. That's the only problem . But that's not being addressed here, because there is no light shining into people's houses. The other thing is is I would love to see this, because it gives me a chance to when I'm at 2:00 or 3:00 in the morning where my wife goes, hey, we need diapers really bad. I can't just go to a convenience store at a gas station to get some, I could just go there real quick and grab something. But not very many people are going to be there at night. I mean the area mostly has kids, so most of the time they are going to be at home. So, more or less the people will be doing it during the day shopping, not the evening shopping, which I am for the 24 hours, because the slight chance I need something that I need I can't get at a convenience store it would be great and I think the traffic is being dealt with. The wall that is being built is way more than what I even got when I had the Fred Meyers put across the street. So, I do agree with this and approve of this. Thank you. De Weerd: Thank you. Tyrone, can I ask you a question? I was curious on the Fred Meyer across the street. Do they limit their delivery hours? Quist: Unfortunately they do not. They -- they tied to in the meeting before, but it's delivered all night long. There is traffic going in there all night long. There is a Taco Bell right across the street. People go there all night that they can -- I think it's like 2:00 in the morning is when they shut down. So, I mean -- and the gas station, you can go to the gas station at Fred Meyers all night long and fill up. I mean the lights are all on. I mean it's a great, great experience in my opinion, even though the one thing that I would like addressed would be able to build a fence right up on the road, which I understand I can't, which is fine. But other than that I think everything is great. De Weerd: Okay. Thank you. Any other testimony? Okay. If there is no further public testimony would the applicant like to address some of the comments made and -- and wrap up your remarks. Howell: Madam Mayor, City Council, thank you. De Weerd: If you will state your name and address again for the record. Meridian City Council Meeting Agenda February 5, 2019 – Page 71 of 736 Meridian City Council January 15, 2019 Page 63 of 102 Howell: Still Ken Howell. 877 West Main, Suite 1000, Boise, Idaho. 83704. Thank you. This project has, obviously, generated a lot of passion among the immediate neighbors and we have seen that from the very beginning of the public testimony which has come before you -- De Weerd: Can you pull that microphone -- Howell: We have seen that from the very beginning of the public testimony that has come before you and what I would like to reiterate is whether those that have spoken tonight acknowledge it or not -- and most did acknowledge -- this project has been affected and been fairly dramatically affected by the testimony and the concerns that they have brought forward. Now, does that say that every aspect of the project conforms with every one of their individual concerns, whether that means building additional roofs or moving buildings to far corners or reconfiguring the architectural design elements of the buildings ? Absolutely not. And I expect that you have never seen any project which has come before you that has met that level of conformity with each individual nearby citizen 's concern about how the project works and generally that's not how projects get designed . We do the best job that we can with the entitlements that flow from the ownership of the land and the actions of the City Council in putting in place the ordinances that governs the development of those lands and we have tried to comply with the spirit and with the letter of those obligations moving forward and I believe that we have fully complied -- sad to say is everyone is going to be happy with them? Absolutely not. But we have complied with them and you don't really need to look any further than your very own staff approval of this project. Staff is recommending approval of this project based on the requirement s that are imposed for resident -- the development of this type of project and the conditions and aspects of the project that we have brought to bear both in response originally and in response to the concerns and comments of the City Council, P&Z and, of course, of the residents and I would also point out that there are quite a number of residents and quite a number of area representatives and its citizens who do approve of this project . We showed you that support slide early on and I know that Sally Reyn olds testified that -- I think she probably overstated it -- that the Paramount residents don't want this project and they don't want the interconnectivity and I can assure you that is absolutely incorrect and it's demonstrably incorrect from the evidence that is in the record before you. There are items of correspondence from citizens that live in the Paramount Subdivision that say they live in that subdivision, they bought their house in that subdivision knowing that this parcel would be developed as a commercial project. They want that commercial project nearby to their neighborhoods and that they want the inner connection between Paramount and this project, so they don't have to go out onto public streets and a specific example of only one of many of those letters is a December 14 letter by Jeffrey Wardle, which is in the record before you and he very specifically details each and every one of those elements, that this is a project that he knew would be in place , he purchased his house wanting this project to be in place, so to say that, well, everybody in Paramount is against this, we know is demonstrably simply not true. The traffic is -- traffic and access is a -- is kind of a recurring theme and I may need to get to a point where we call John Ringert here to supplement some of the information that you have received on the traffic circulation studies, but I would note first that we have fully complied with what the Meridian City Council Meeting Agenda February 5, 2019 – Page 72 of 736 Meridian City Council January 15, 2019 Page 64 of 102 governing agencies, ACHD and ITD, who have control over the state highways and the county highways, have required us to do for those streets. They have required traffic calming devices. They have not specifically required that there be a traffic circulation pattern of a particular type. The question of roundabouts came up before the ACHD and they have not included those as a requirement , but what those agencies do is they are charged with the responsibility to implement the rules and regulations that govern the traffic on those streets and these are not private streets owned by the individual residents of Paramount, these are public streets dedicated to public use and one of the things that you will note is there has been a wide variety of opinions on how much extra traffic is going to actually come through the Paramount Subdivision, whether it be called cut through traffic or other traffic and I'm not going to stand here and no one could realistically stand here and tell you there would never be any cuts through traffic. We all know that's just not true. But what I have said from the ver y beginning is we have gone to great lengths to try to minimize that cut through traffic by adding a half mile extra to someone who tries to circulate through this. That's contained in the ACHD findings. What ACHD also noted is that these streets, Arliss and Bergman, have a natural capacity of 2,000 trips per day. That's far above what they have now and what they note is that this project is expected only to increase that traffic by 120 on Arliss and I forget the exact number -- about 220 on Bergman. So, we are nowhere near the natural capacity of these streets. Is it an increase? Absolutely. But it's an increase fully within the capacity of those streets. The issue of speeding, the issue of reckless driving, the issue of commercial vehicles inappropriately using streets for whatever purpose, those exist all across our jurisdiction, unfortunately, and what are we going to do about that. Well, we are going to do the same thing that we have always done about it, we are going to have enforcement mechanisms. What we aren't going to do is block streets off and say you can't come here. These are public streets and they require public access. And I want to talk a little bit about the issue of the variance, because there seems to have been perhaps some confusion certainly on the public testimony and that is what staff has told you about the variance . Your staff is not telling you that they recommend denial of the variance request because we can't comply with those conditions. What staff has told you is it 's not their job to make those findings, that's your job to make those findings and conclusions and should you make those findings and conclusions the variance can be granted. Staff is not telling you that the applicant somehow failed to meet those or can not meet those requirements and this is actually shown by -- if we go back to staff 's January 11, 2018, report, which, again, is in the record of some of the prior application materials, they included as an exhibit to that report this discussion of the variance and the determination of the factors that are to be considered and they provide some discussion and findings of fact that say these elements can be met. There is one element where they said -- and I'm quoting page 31 of that document where they say that staff finds proposed access via Chinden Boulevard would grant a right or special -- special privilege as the UDC specifically prohibits access, unless otherwise approved through a variance, which I think is , frankly, just circular. It says you have got to have a variance in order to get approval and because you don't have a variance, because the variance hasn't been approved, it's a special right or privilege. What we did early on in this application -- and none of these facts or conditions have changed -- in our correspondence to you dated November 14 th, 2017, starting at page ten, we lay out a great number of examples of these kind of specific accesses to state Meridian City Council Meeting Agenda February 5, 2019 – Page 73 of 736 Meridian City Council January 15, 2019 Page 65 of 102 highways where variances have been granted already. These a re not special conditions, these are accesses which have been granted many many times over and this applies to Knight Sky, this applies to The Village. We know it from the example of Costco, it applies to Costco. There is a great number of examples where this variance has been granted. So, the variance -- so, it's not a unique proposition here and it's not a special privilege which is being granted. We aren't asking for anything different than what the City Council's done many many times on other commercial development. The other issue is that the variance relieves an undue burden because of the characteristics of the site and in the January 11th, page 31, proposed recommendations from your staff what they note is, yes, this is a unique site with a huge amount of frontage on a state highway and it doesn't make any sense that you have access to a site of this size with this type of development only through one location. That probably creates more problems than it would ever possibly solve. So, I think if you look at the -- your own staff materials and the material that's before you you have the basis for a full finding of all those varian ce items, in addition to the -- to the option as we offered that if you apply your own City Council -- your own city code provisions for relief from that variance , that under 11-4-H3 I think it is, would fully comply in any event. De Weerd: Thank you. Council, any questions? Bernt: Mr. Howell. De Weerd: Mr. Bernt. Bernt: Madam Mayor, thank you. So, you have heard -- you have heard the concerns that these neighbors have, whether it's noise, traffic -- I mean what are some -- what are some things that you can compromise with? Howell: Madam Mayor, City Councilman Bernt, I -- I think we have compromised already in the application and the revisions that we have submitted to you. We have compromised on the noise aspect by a substantial relocation of the facility, by the construction of a full height masonry sound wall, by the relocation of access and I would point out that the concern about noise and the evidence about noise are two different things. It's easy to come in and say, well, what about noise and it's going to bounce all over the place. The sound study that we have provided you indicates that's just not the case here with this configuration. So, sure, we can be afraid, we can let our fears run wild based on speculation, but the evidence that's before the Council shows that the noise is going to be substantially reduced, not increased. The traffic concern, I think we have shown you repeatedly, based on the traffic study, based on the ACHD findings, that although there will be naturally some increase in traffic, it's far below the natural capacity of the roads, but, more importantly, looking at this overall project, recall that the traffic here will also be alleviated not only by having a facility that provides for local shopping, the decrease in trip requirements, but also by a substantial multi tens of millions of dollar enhancement of Chinden Boulevard, Linder by the STAR agreement, by the developer fronting all of those costs and expenses to make those improvements. So, we alleviate those traffic concerns by those improvements as well. The -- the other concerns, of course, that -- that we heard Meridian City Council Meeting Agenda February 5, 2019 – Page 74 of 736 Meridian City Council January 15, 2019 Page 66 of 102 are safety in -- in the community and certainly safety is a concern of every resident of this city, of this county, and, indeed, of this state. The regulatory agencies with control over those decisions, the ACHD and ITD, have taken a pass at that. Can we say that there will never be anyone subject to injury in a traffic accident ? Of course not. Not until we get a little better control over how people drive and, you know, that's why we have traffic enforcement. So, those are natural consequences of living in the society that we live in now. Will this unduly adversely impact? There has been no showing in the testimony in the record before you that just because the nature of someone who is driving in a vehicle going to shop at Winco is somehow materially more at risk of causing harm or damage than someone who is driving to go to a piano lesson or driving to go to any other innocuous use. This is not inherent in the traffic that will be coming to this site and, in fact, I would submit that based on what we have shown you so far it would tend overall to reduce those kind of impacts. If there is other specific examples of some of the testimony and concern about how we would alleviate those , I would try to address them, but in a precise answer to your question what are we willing to do to compromise, I think we have compromised from what we have been here from the very beginning and those are not easy, nor cheap, nor inexpensive, nor immaterial compromises and if there is one thing in -- that -- that I have certainly seen and I'm sure you have seen in all the commercial developments that have come before you and that I have been involved with over the years, there is not a single unitary platonic ideal of what a perfect commercial development is that we can all agree. Everybody's got their own opinion. Bernt: Right. Howell: And we simply are trying to do the best job we can to comply with the statutes and ordinances that are in place. Bernt: Madam Mayor, follow up. What about the hours of operation. What are your thoughts on the hours of operation? Howell: Hours of operation is -- is tied in, I think -- excuse me, Madam Mayor, Commissioner Bernt -- Councilman Bernt, hours of operation is inherently tied into the project and the layout and specific additional features of the Winco facility here and that's really what we are talking about when we talk about hours of operation is Winco. This is a larger facility. It's been oriented specifically on this site to minimize impact from delivery and its delivery hours, it's not hours of operation for people going in and shopping. It's been specifically designed to minimize those impacts. That gets to the noise issue which we have addressed I think overall. The -- the -- the hours of operation -- and during the break I did confer with Greg Goins, who is the VP of real estate and development for Winco and we talked specifically about that store in Texas that was referenced and -- that they imposed hours of operation and that they can comply with hours of operation there. That specific example, yes, they do have hours of operation. The reason they have hours -- limited hours of delivery for their operation there is that they were a secondary use in that site. That facility already existed, the development already existed and those restrictions and hours of operation were already in place for that development, they were not impose specifically because of Winco or Winco's operation, they were already in place Meridian City Council Meeting Agenda February 5, 2019 – Page 75 of 736 Meridian City Council January 15, 2019 Page 67 of 102 when Winco became a tenant in that facility. So, there is -- the C-C zone here specifically allows 24/7 operation. We have this issue of whether -- whether it abuts or doesn't abut and we have addressed that before and the advice that I know you have received in -- in public testimony from your city counsel -- from your city attorney is that with the -- with the collector road this simply does not abut residential uses and there is no restriction on 24/7 operations. I think it's kind of a unique argument -- and I forget exactly who made it -- it may have been Mr. McKinney who made that argument, that because we have live- work on site and that's on the project side of the -- of the collector road that we have to have a CUP for our own live-work site and I think that's inherently at odds with what your zoning provision for the C-C zone would require. If you're going to have live-work on site how can you have that if you also have to have -- don't have abutting uses without having a dividing road running between every project. I think those two things are simply incompatible and it doesn't make any sense to read the ordinance that way. De Weerd: Mrs. Milam. Milam: I would like some clarification on some numbers that were thrown out regarding the number of trips and I heard 30,000 in the first phase or -- or 20,000 the first phase and 30 more thousand the second phase and that just seems like a really high number. Is that a true number? Howell: Madam Mayor, Councilman Milam, you know, I -- I think if you really want to dig into those numbers I think I would be better served by having the person who actually did the traffic engineering on this job come up and make -- make that -- answer your question specifically on that. So, with Madam Mayor's permission I would have John Ringert come up and answer your questions on that, Councilman Milam. Milam: Thank you. De Weerd: Yes, please. Thank you, John. If you will, please, state your name and address for the record. Ringert: John Ringert. Kittelson and Associates. 101 south Capital Boulevard, Suite 600, Boise, Idaho. 83702. De Weerd: Thank you. Ringert: Madam Mayor, Councilman Milam, it's -- they are high. I think the numbers that were stated weren't exactly interpreted correctly, because how we do the traffic study is we -- we do phase one and, then, we do phase one plus phase two, because they -- so, they are -- they are not -- they are not additive. I mean -- so, just to -- just to make sure everybody has the same numbers, they are still not low. There is about 11,130 trips for phase one -- net new trips and about -- and, then, there is 23,360 trips for phases one plus two. So, essentially, you -- you know, phase two is the additional, you know, 12,000 or so trips. So, that's how they add up. Meridian City Council Meeting Agenda February 5, 2019 – Page 76 of 736 Meridian City Council January 15, 2019 Page 68 of 102 Milam: Thank you. Ringert: Anything else? De Weerd: Okay. Other questions from Council? Mrs. Little Roberts. Little Roberts: Madam Mayor -- Madam Mayor and Ken, thank you so much for all the information and things. One of the things I kind of haven't heard addressed yet is we have had several people talk about walkability and p edestrian flow and it looks like the perimeter is -- has the sidewalks and lots of flow and -- but I'm not envisioning really anything on the interior. If I live in Paramount and I want to walk to one of the restaurants, how would I do that? Howell: Madam Mayor, Commissioner Roberts, your staff is so good they actually anticipated what I was going to ask Sonya to bring up. Excuse me. What you have in front of you is the circulation plan and this depicts -- you can see where the circulation patterns would be for walkability specifically within the site and so, yes, there -- there is walkability throughout the site. Obviously, there -- there are parking spaces. This is a grocery store. People want to go to a grocery store and buy groceries and take them home in their car and so, yeah, they are parking -- parking spaces, but there is also a significant amount of walkability throughout the site and, then, you can see the interconnections going on down into the future residential development and tying o n through into existing Paramount. Little Roberts: Thank you. Howell: And I'm -- I'm sorry, Madam Mayor. Councilman Roberts was -- was there another component to that question? Did I miss -- Little Roberts: No. I was just kind of going through my notes and, thankfully, most things have already been asked and that was the only one at this point. Howell: Okay. Little Roberts: Thank you. Howell: Thank you. De Weerd: Any other questions? Mr. Cavener. Cavener: Madam Mayor. Mr. Howell, earlier we talked a lot about backup alarms and you had provided testimony that Winco doesn't use them and I was thinking about it. It seemed odd to me. In a former life I was a truck driver and in that former life I delivered to Winco and my truck had a backup alarm, which made me think , um, did Mr. Howell maybe not accurately report when he was hoping to provide this testimony or, two, does that encompass only Winco deliveries or all vendors that support the Winco stores and Meridian City Council Meeting Agenda February 5, 2019 – Page 77 of 736 Meridian City Council January 15, 2019 Page 69 of 102 so I'm hoping you might want to provide some greater clarity to me, so I have a good understanding as to what you were intending to share. Howell: Sure thing. Madam Mayor, Councilman Cavener, or my -- my testimony based on the information I have from Winco is that their delivery trucks do not have backup alarms. It's my understanding that backup alarms are required by OSHA for construction equipment, they are not specifically required for over-the-road delivery vehicles. However, it's also my understanding that where a vehicle comes factory equipped with backup alarms OSHA also requires -- prohibits their deactivation or dysfunctioning and so where that intersection lies in terms of some of the delivery trucks that you may be familiar with, honestly, I don't know, but the Winco delivery trucks, in fact, do not have backup alarms. The -- the other area where this comes up with backup alarms that 's seen a lot is, of course, on forklifts and the forklifts that we use and -- for this facility, for other facilities, operate within the perimeters of the building, within the loading dock, and remember, again, the truck seals up against the loading dock, so there simply isn't any exterior of the building operation of a device with a backup alarm. Now -- now, let me back up to what I think what some of the testimony was earlier that -- that may be causing some confusion on this and that is -- and if I'm recalling right and it's been a little while , you may even have asked this question earlier that you said you didn't see any information in the sound study about backup alarm . The sound study does address backup alarms and it specifically notes -- I think it's the city ordinance that says -- for noise ordinance that required alarm or safety devices aren't considered to be within the noise ordinance and so that's -- that was addressed in the sound study. So, again, the Winco trucks don't have them. The forklifts inside will be inside, even if they did have them a nd we have got even -- even with that, the orientation of the loading dock and the masonry wall, we simply don't have any evidence here that says , well, because they are their existing some other place they are going to be a problem here and I don't know how you could say that they would be a problem here when your existing city noise ordinance says that you can't restrict them if they are required by law. Cavener: Madam Mayor? De Weerd: Uh-huh. Cavener: Maybe a comment and, then, a question. I appreciate what the ordinance says. I think that we as a Council are trying to hear the feedback from our citizens and that's -- that's what gets to the question. I guess the question, then, would be either for you for the representative of Winco, what percentage of their delivery trucks are Winco based and what are the -- the Kellogg's truck or the Coors truck or the Budweiser truck or the Coca Cola truck or the Pepsi truck, the Keylord truck, the Lay's truck -- I mean I think of my time in the grocery industry very little of our deliveries ever came from an internal delivery system. The vast majority of them came from vendors and distribution centers and if Winco trucks are the vast minority I think that's important information for this Council to take into account. Meridian City Council Meeting Agenda February 5, 2019 – Page 78 of 736 Meridian City Council January 15, 2019 Page 70 of 102 Howell: Sure. Sure thing. And, again, Madam Mayor, I think that given the specificity of that particular question that has -- that seeks information that I don't directly have, but I know somebody who does, if I could defer to have Greg Goins, the VP of real estate and development for Winco, come up and address that question for you, I think he would be far better suited to do that than I would. Goins: Madam Mayor, Council Members, Greg Goins. I am the -- I represent Winco real estate. 650 North Armstrong, Boise, Idaho. Councilman Cavener, I don't know if I can give you an exact number. I can tell you that, you know, traditionally in our higher volume stores, which this is going to be a really good store for us, you know, we would expect to have two full size delivery vehicles come from our distribution center to the facility. To support what Ken said, we do not have, you know, any kind of backup alarms on our trucks. As it relates to vendor vehicles, most of the vendor vehicles that actually show up -- so, let me back up. On our -- on our full size trailers typically what we try to do is bring those trailers in in that 10:00, 11:00, 12:00 o'clock range. Okay? They back the trailer in, they -- they -- they unhooked the truck and they leave the trailer, so that the trailer can be unloaded during the evening hours. So, there is really not any large truck activity in the really late night hours of our stores. Where the vendor trucks show up, obviously, is in what you call more of the 6:00 o'clock, 8:00 o'clock range; right? The potato chips, the bread, the pop, the beer, they show up in that 6:00 o'clock range. So, usually they are there from that 6:00 to 8:00 range and, then, they are gone. They can have backup alarms. Again, we can't control that, because OSHA requires it where they have them and they can't take them off. Cavener: So -- Madam Mayor. I think -- I think we are kind of getting to the same place. It sounds like that Winco would deliver -- be able to deliver their -- your supply from your distribution center during kind of regular people's hours and your vendors are doing their -- their deliveries, again, between 6:00 and 8:00 a.m. So, help -- help me wrap my head around why 24 hour delivery is so crucial where it sounds like in your testimony your business model is already addressing that with a truck being dropped off and your crew being able to work through it -- through it overnight. I'm -- I'm just struggling to really understand why that element is so crucial -- Goins: Sure. Cavener: -- for your model. Goins: Councilman Cavener, it's a good question. The reality is that with our distribution model we -- it -- to guarantee that a truck is going to be there at 10:00 o'clock or 11:00 o'clock is -- is not -- is not something that our distribution people like to have to do; right? Because the reality is based upon the volume of the stores, seasonal times of the year, whatever it might be, there are reasons why that truck might show up at 12:00, 12:30 or 1:00 o'clock. The reality behind our systems, though, is that we are sensitive to the -- to the -- the -- you know, the folks that -- that shop our stores and live behind our stores. We do try to make the effort -- we -- we put systems on our dock system specifically so that reefer trucks, refrigeration trucks, literally when they back in the truck shuts down . They Meridian City Council Meeting Agenda February 5, 2019 – Page 79 of 736 Meridian City Council January 15, 2019 Page 71 of 102 plug those into an electric system, so that people cannot hear those things. So, we are trying to make that effort. But the reality is with -- with a typical distribution system it's -- it's impossible to guarantee that a load is going to be there or several loads are going to be there at an exact hour, like 11:00 o'clock or 10:00 o'clock or 12:00 o'clock. Cavener: Thank you. I really appreciate it. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: My guess I just would like to -- to kind of piggyback clarification on that. What it sounds like you said is that the -- the only deliveries coming in the middle of the night are Winco deliveries, which there are no backup beeper systems and all other deliveries that might come from other vendors that do have the beeper would be between 6:00 a.m. and 11 :00 p.m. Goins: That is my understanding. Milam: Is that correct? Goins: Yes. Milam: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One additional question, just because it came up I think in the testimony about -- and Mr. Howell did a good job recognizing he doesn't work for Winco, is not the be all subject matter expert on -- on your stores, but there was some considerable discussion about how many of your stores don't operate under the 24 hour model. I think Mr. Howell said the number is right around eight. Is that -- is that the number that you believe to be accurate as well? Goins: Yeah. The number is actually six. Cavener: Six? Okay. Goins: Yeah. It is six. We have -- we actually have 124 stores today. Six of those stores do not operate -- or the delivery hours are restricted on -- on those stores and three of those stores and hours of operation are also restricted. Three of those stores are affected because they are smaller stores. So, we have got a unique model. It's a 40,000 square foot store, urban America type store. That has a different model than the full size store, which is the -- you know, basically the -- the quality flagship store that we want to build Meridian City Council Meeting Agenda February 5, 2019 – Page 80 of 736 Meridian City Council January 15, 2019 Page 72 of 102 here and that we operate in the Treasure Valley and throughout the state of Idaho and most of the nine other states that we operate in today. We do have unique situations -- and Ken did a pretty good job on the limited time he's had to kind of learn all of this stuff to discuss the Arlington, Texas, store. So, the situation there was that we took over a second use facility and there literally was just a driveway behind the back of the store, which, by the way, the entire delivery facility, the trash compactors, the loading docks, everything are at the very back of the store -- well, you have got the driveway and the next thing you have got is you have got a residential area like Paramount. So, we have those situations. They are limited. The reality here is we have got a large enough site where we have made the effort -- Winco has made the compromise -- the developers made the compromise to move the store forward, move the store closer to Linder, and on top of that this is a compromise on Winco's part, because it cost us more money to do side load facilities and, number two, from a cost efficiency over the lifetime of the store , dragging the freight all the way across the store, rather than starting at the back of the store, if our delivery facility was at the back, is an additional cost to the company. So, we have made significant compromise to try to do the right thing for the neighbors behind the shopping center and the reality is in the 35 years that I have developed shopping centers I can say without a doubt that the amount of buffering that we have created with this -- from the back of our store to these residents, in addition to the design changes that Winco has been willing to make, is far superior to anything that we have done and so we have made significant compromise. Cavener: Appreciate your testimony. Thank you. Goins: Sure. De Weerd: Thank you. Goins: Thank you. De Weerd: Council, any other questions for the applicant? Any final comment? Howell: Madam Mayor, City Council, I -- I would be remiss if -- if I did not also say, as I think I have said every time that -- that we have appeared in front of you, that we also appreciate your due diligence and the questions and -- and the issues that you do on a daily basis, not only for this project, but for your City of Meridian. For those of us who have grown up as lifetime Idahoans and lifetime Treasure Valley residents , it's gratifying to see Meridian transform from what I remember Meridian being of a very very tiny agricultural community to what has become the envy of a lot of municipal areas, not only in Idaho, but across the United States and that didn't happen by accident , that happened by the work that you did and it happened by the concern that you have in looking out not only for your residents, but for your city as well, and I will tell you honestly that as difficult as that makes the lives of someone like me who appears before city councils on a regular basis, there is not a day that doesn't pass when I go home at the end of these kind of hearings and say, you know, this may not be the best system in the world, but it's the best system we got and it sure seems to work pretty well. So, thank you for the effort that you Meridian City Council Meeting Agenda February 5, 2019 – Page 81 of 736 Meridian City Council January 15, 2019 Page 73 of 102 have done. The only thing I would say finally in closing is that we do agree with the staff conditions that have been -- been discussed. We do agree with staff that this is a project that meets the requirements of the city, even with the additional sizes of the buildings that have been mentioned by a number of the residents that because of the open space and the extra open space that has been brought to this project and there is a document that's in the record before you that shows that open space calculation to fully meet the expanded size of the facilities in this project. So , we very much appreciate your time and attention and consideration of this and I think, as I have said before, your past comments and concerns have made this a better project. Thank you. De Weerd: Ken, I guess I do have one more question and it's about the construction traffic. Can you keep ingress and egress -- if Council were to approve this -- to ensure that construction traffic is not going through the neighborhood? Howell: Madam Mayor, if you're asking if we would make that instruction to our construction partners and team that they not use -- you know, that they -- they stay within the state highway system or however we were to phrase that, certainly that would be instruction we could make to our construction partners. If there needs to be some kind of temporary signage in place that says construction access here only or something along those lines. If you're asking me to guarantee that I'm going to ride along with every construction driver and say, no, you can't -- you can't do that. De Weerd: I am asking that. Howell: Okay. The honest answer is, I'm sorry, Madam Mayor, no, I can't do that. But, no, we can certainly -- De Weerd: You brought it up. Howell: Yeah. I know. I know. De Weerd: Just thought it was a great offer. Howell: It wasn't an offer. It was -- it was a disclaimer. But, certainly, we can -- we can make that request and we can do our best to try to enforce it. De Weerd: And can you just -- the phasing of it -- when the collector road goes in and any connector into -- the connector at Bergman, what -- where does that happen? Howell: ACHD required that it be done in phase one. De Weerd: The connector to Bergman? Howell: The connection from Bergman to the collector road, yes. Phase one. Palmer: Madam Mayor? Meridian City Council Meeting Agenda February 5, 2019 – Page 82 of 736 Meridian City Council January 15, 2019 Page 74 of 102 Howell: That's an ACHD requirement. De Weerd: Yes, Mr. Palmer. Palmer: You had mentioned that you were okay with the staff conditions. Just a question on -- on one of them that the Planning and Zoning Commission had recommended be added to the staff report. I seem to remember that there was some objection to it. You can let me know if there was -- where they had said to add a requirement for some of the -- of the multi-story office live-work units be constructed with the first phase. Howell: Yeah. Madam Mayor, Councilman Palmer, I did address that in my opening comment. So, thank you for reminding me to -- to mention that again. Yes, Planning and Zoning did recommend that the live-work units, which are -- oops. Where did we go? I think we are both trying to hit the same button at the same time. The live-work units, which I'm -- I'm circling right here, right near the new signal on Linder Road, these two, which are directly behind the Winco, those were the two live-work units that Planning and Zoning recommended be required to be constructed in phase one and I can tell you , Councilman Palmer, that that discussion was at about 12:03 or 1:00 o'clock in the morning when we were talking, again, about the sound issues and they -- it was their understanding and belief that they would serve as additional buffering to the neighborhood. We did confirm with the -- the sound engineer that the sound studies were completed without regard to those facilities , so their construction in phase one has no bearing on the sound issues and it was our desire that we go ahead and be allowed to construct those buildings, not necessarily in phase one, but as the normal marketing and ability to have the least up, would occur in the overall development of the project. So, that was our request for -- that the City Council not adopt that recommended condition by Planning and Zoning. Palmer: Thank you. Howell: And, then, the only other condition that I think Planning and Zoning recommended is that we have this concept of the signed, sealed and delivered contract for the connection through to Fox Run with Brighton Corporation and I think I have explained as fully as I possibly can why we are effectively there with that condition, but it's dependent on ACHD completing those right of way negotiations. De Weerd: And I don't know if we have ever made that a condition, other than you can't move forward unless you have it, so -- Howell: Yeah. Ultimately, Madam Mayor, I think that's right. At the end of the day this either has to be completed or we don't get our certificate of occupancy. So , I think it's -- it's become self-fulfilling at that point. De Weerd: I believe that Council Member Bernt had asked the question on the civic piece of this mixed use that if the library wasn't to happen what is your civic piece then. I don't remember how you answered that. Meridian City Council Meeting Agenda February 5, 2019 – Page 83 of 736 Meridian City Council January 15, 2019 Page 75 of 102 Howell: Madam Mayor, how I answered that is that we did have some alternate discussions that have been going on and those included a number of ideas. There is not a definitive Plan B that if there is no library, then, it is X, but there is a range of things that would be X and the types of things we are talking about as amphitheater, a public theater, something that ties in with the public use of that plaza. In other words, it's not that we are looking to lease it up to be a wine shop or something like that, but it's, rather, a public use. So, Councilman Bernt, I think pushed me a little bit on saying what specifically is your Plan B and I think I was as candid as I could in answering that question in saying there is not a specific Plan B to say if it's not a library, then, it's a this. But it is -- De Weerd: But you know it needs to be a public -- Howell: -- a public use. De Weerd: Yes. Howell: Exactly. De Weerd: Okay. Anything further from Council? Okay. Howell: Again, thanks. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a suggestion that maybe we don't immediately close the public hearing while Council -- De Weerd: I would make the same suggestion. Cavener: I think that's a fantastic idea. De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I was wondering if we could have police and fire weigh in, if they have any comments, especially along the Chinden corridor with potentially the left turn in, if there were any concerns there regarding safety. De Weerd: Okay. Lieutenant Harper. Harper: Madam Mayor, Council Woman Mrs. Anne Little Roberts, I think from listening to all this, not only from a police side, but as a citizen traveling this area, I have got to look at it from both sides. I think with ITD's studies they track those numbers a lot closer than Meridian City Council Meeting Agenda February 5, 2019 – Page 84 of 736 Meridian City Council January 15, 2019 Page 76 of 102 we do. We respond to these accidents that occur, but there were some comments made in regards to flashing left-hand turn arrows, which we have throughout the city, but I think in regards to what we are talking about here is strictly a left turn into this development ; correct? I can't report exact numbers, but reading the report that Lieutenant Colaianni provided there was no specific concerns directly related to the traffic plan or design of the roadway for this project. Bongiorno: And we know -- we all know Chinden Boulevard is going to be changed and I really don't have any comments on it until it's completed. I don't know if this is what the layout is going to look like. I'm of the same opinion as Lieutenant Harper, I don't -- I don't have any comments on it one way or the other at this point. De Weerd: Thank you. Mr. Bernt. Bernt: No. I'm good. De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, I will make some comments and if -- I know we are striving to do better with findings, so if it comes down the road after maybe some other people make some comments that if I end up making a motion that maybe what I'm about to say might contribute towards findings, but just some of the things that kind of stick out to me as important in this is I -- I believe that the -- the connection of Bergman is critical. I can't imagine us wanting to send the entire population of Paramount to an arterial or state highway to get there when they would have a direct connection there. That being said, I do understand the concern of cut through is because I have cut through plenty of places myself. Having grown up here I know every little street and I have taken advantage of it. Well, with that I also believe that the -- having additional connections outside of the development would also be necessary, so the connections on Chinden. As we have seen with The Village, you know, ITD after they had some data that the left turn in into The Village was not a safe option, they made it a right-in, right-out. The difference there is this is a significantly greater distance from Linder than that intersection was to Fairview, so I don't know if it would become a similar situation or not, but if it was they would no doubt shut it down and make it also just a right-in, right-out. To be able to approve the variance -- spent a lot of the meeting, you don't think about it, taking notes and considering what a lot of neighbors said. Under the three points, the -- the variance can't grant a right or special privilege. We already understand from Mr. Nary that it is something that we have done in similar situations, it's done right across the street, there is not really a concern there. The variance relieves an undue hardship because of characteristics of the site. This one for me -- if you look at the Village, for example, another very large multiple business development. The Village only has a few connections out to Eagle Road, but they have a distinct advantage over this property in that they have over a mile Meridian City Council Meeting Agenda February 5, 2019 – Page 85 of 736 Meridian City Council January 15, 2019 Page 77 of 102 long road on the back of it to be able to escape without having to drive up a n arterial in Records. Records provides a great way to be able to get out of there without having to go into a neighborhood or go onto Eagle or to Fairview. I believe that the undue hardship here is that, really, the only way to get out is -- if we don't grant the variance is the two ways or through the neighborhood. So , to avoid, you know, the hardship of not only the neighbors having additional traffic going through there, but, you know, fewer escape routes from the property, but the hardship would be satisfied by having those additional exits onto the Chinden. Variance can't be detrimental to public health, safety and welfare. I would say ITD's acceptance of the option of having the exits on Chinden, that it wouldn't be contributing to the -- to an unsafe situation. If it was ITD would, again, rectify it as they did on Eagle Road with The Village situation. When we get to that point I -- obviously, you can tell by now I -- I do favor approval of it. I would be fine with eliminating the requirement that the Planning and Zoning Commission recommended by having those buildings constructed. It makes sense to me that they be done in the normal course of marketing, you know, the product and -- and having whatever other services available before they build those. Under the outstanding issues for Council, clearly the situation with the connecting to Fox Run is going to work out, otherwise it's going to be a pretty big hardship on the development itself not having that access there . So, I'm not concerned about that. Our approval is required to have the additional access onto Linder, with the east-west collector street. We should definitely approve that. Again, to satisfy a lot of the neighbors' concerns that have the -- the easiest possible route away from the development without having to go through the neighborhood. That's all for now. I'm sure I will have 15 other things to say later on. De Weerd: Thank you, Mr. Palmer. Is their comment? Mrs. Little Roberts? Little Roberts: Madam Mayor. First of all, I would just like to say to the citizens that are still here and have been here through multiple times, thank you so much for your input and sitting through many many hours of this as we -- we try to very very carefully weigh your testimony and the hundreds of e-mails we have received and just thank you. Thank you very much. Hopefully we are -- are getting down to where we have really addressed things, because everything that has been your concern is also ours, especially regarding safety and, hopefully, the -- the change in Bergman has mitigated a lot of that, the narrowing and the things as we see progress through the changes and things. So, at this point I am inclined to agree that we should move ahead with this. I think that, you know, so many people have reached out and said that we are -- they are excited about Winco, we want -- they want to see Winco here, that it's a great addition to the community. It's certainly a Treasure Valley business which we are thrilled, but it is a local business and I think -- I haven't counted them exactly, but I would say e-mails have run probably ten to one in favor of and I think that the communi ty really is -- overall the majority are excited about it and just wanted to add that on record. De Weerd: Mr. Cavener. Cavener: Thank you, Madam Mayor. Appreciate the commentary from some of my council members. This has been a unique project for me to see kind of the ebbs and Meridian City Council Meeting Agenda February 5, 2019 – Page 86 of 736 Meridian City Council January 15, 2019 Page 78 of 102 flows. I think -- and the -- the clerk can maybe tell me if I'm wrong -- I think this particular project has generated more e-mail than any other project we have ever seen and both the people in favor and those both against , which shows the passion in and around this project. By and large I am supportive of this concept plan that has been brought before us. I think it's important to note that I don't disregard my fellow council members opinions. When I look at an application I don't look at the -- you know, the proper nouns that are on -- on the map. I don't look at there is going to be a Winco or Chili's or a Home Depot or whatever. We really have to look at the map as a whole and that's at least how I -- how I look at it. I also know because of my past career that just because a business occupies a building for one year or five years or 20 years that does not always mean that they are going to be there into -- in perpetuity. So, with that I think that's why I'm for the most part supportive of the site map. I do have some concerns about some of the access points impacting the residential neighborhood and while I may be alone , I do have some significant concerns about the 24 hour operation of that large retailer. In addition, I have some concerns just about the -- the delivery hours of a facility like that. Appreciate the comments that have come from the likely tenants should this be approved. I do think that there are some potential mitigations around that that I would be supportive of, but at least as presented tonight this is not an application that I am in support of. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. And probably a question -- question for Mr. Nary. Can we ban -- De Weerd: Is your -- Little Roberts: Oh, sorry. Can we ban vehicles with backup beepers between certain hours, between 11 :00 and 6:00 a.m? We all seemed to be concerned with that issue of noise. Nary: So, Madam Mayor, Members of the Council, Council Member Little Roberts, yes, but it would be a DA violation, it wouldn't be a citable offense. So, from the enforcement side it would be very difficult for us to -- to enforce something that narrow, because police wouldn't respond. It doesn't -- under our ordinance that's not prohibited. So , it would be a little bit more difficult to do that. It -- you could add it, but I just -- from an enforcement side I just want to be realistic, I don't know how realistic it would be to enforce that. Little Roberts: Thank you. De Weerd: Mr. Bernt. Bernt: For those who showed up this evening I know that there is always the perception that City Council just doesn't care and I can -- I can assure you that -- just ask my wife, she can tell you -- she can tell you that I care. We all care. There is a lot of thought that Meridian City Council Meeting Agenda February 5, 2019 – Page 87 of 736 Meridian City Council January 15, 2019 Page 79 of 102 goes into this. There is a lot of other questions, a lot of the late nights, but I am grateful for those who have showed up. I'm grateful for those who have expressed their concerns. I'm grateful for those who have came and -- and -- in support and ultimately I'm grateful for the -- the -- the developer and the applicant who have came forth and -- and who have listened relatively so. I mean when I was on P&Z I remember what this -- this project looked like to begin with and it's changed, there is no doubt about it. At the end of the day do I wish there was more of like a lifestyle center type project, absolutely. I wish there was more walkability. But I'm not a planner and I'm not a designer, we just -- we just vote on what we think is necessary and what's beneficial for the community. I would hope and I would require that if we do vote on this this evening that -- that we require an agreement from Brighton, Mr. Turnbull and DMG, before we continue. I do have concerns about delivery hours. I do believe that they should -- we should set delivery hours in this particular application. I understand Winco's business model of opening, you know, their being open 24/7. I'm in support of that. I understand why that is. There has been many times throughout the years when I have been at Winco, you know, dodging boxes in the middle of, you know, walkways, because folks are stocking the shelves and I have never had any issue with that and I have been one of those guys that have bought diapers. So, I get that. It's been a while -- it's been a long time, but I certainly have been one of those -- those guys. I do believe to have this application with this designation , I do believe a plaza or a civic type application needs to be there. I understand that we are hoping for the library, but if history goes -- says anything that might be -- I don't want to create a perception that's going to be something that's not going to happen , but it -- you know, I would hope that you guys would have a Plan B, a Plan C, a list of options available, because I do believe that this really contributes to the civic and the, you know, part of what this application provides. As far as traffic -- traffic calming is concerned, I agree with Councilman Palmer, I do believe that connectivity is absolutely essential to anything that we do. I think -- I just -- I know there is folks out here that -- and we can agree to disagree, but that doesn't mean I hate you, it just means I just disagree or I -- but I do believe that -- that it would be very difficult to -- to -- living in Paramount to have to go to Linder or Chinden or -- or Meridian Road to -- to get to this development. Just, honestly, I think that is making sense and so -- but we need to find a solution to create more of a traffic calming method. One of the things I was thinking of is maybe eliminating that little small road right next to the pool and making -- maybe putting -- or making folks drive over to Fox Run, maybe put -- like Mr. McKinney said, put a roundabout there, that would -- I think that would make it so that people wouldn't necessarily -- would at least think twice about going that direction. I do believe there is going to be some traffic issues. We hear -- in every application we hear there is always issues about traffic, you know, cut through traffic. I live in Woodbridge. There is massive amounts of cut through traffic and most of the time I believe our staff does a fantastic job of vetting these -- certain applications and they give pointers of maybe things that we loo k -- look at and -- and when it comes to us those things are taken care of, but I really do believe in this case you might have a little bit more than normal, because I do -- in two spots I have looked at they are fairly -- and I get going through Paramount it's a maze. I get that. There is no doubt about it. But I do believe there is going to be a little bit more cut through traffic than normal , so I would -- I would be for talking about traffic calming measures. I want to see a final design review on -- on -- on the Winco to see what it's going to look like. I'm not a hundred percent convinced Meridian City Council Meeting Agenda February 5, 2019 – Page 88 of 736 Meridian City Council January 15, 2019 Page 80 of 102 that it's not going to look like a big box store and when you're up against residential , I -- you know, I would like to see -- I just want to see it. I'm not saying that you're selling us a different bag of goods, but I just would like to see what it 's going to look like. I think that's a reasonable offer. I want to make sure that it -- it correlates with the rest of the -- with the rest of the development. Let me see here. I got a bunch of notes. It's all scribble. I think that's it, Madam Mayor. De Weerd: Okay. Mrs. Milam. Milam: I got a lot of scribbles going on here, too. Overall I'm supportive of this application. I think that they have done a great job bringing it back and making some concessions to try to appease the neighbors. As far as Bergman goes, I think that they are probably -- I'm sure there are -- obviously there are some residents that don't want that direct access, but I think it's quite necessary and I think that many of the residents there will use it on a regular basis, but I -- I like Mr. McKinney's idea of having several roundabouts down Bergman and I think that alone will really reduce the number of -- of anybody that's trying to cut through there, because if you would have to go in a circle and circle and a circle and a circle to get down that road, it really takes away that whole point, which is making it easier. I would be a perfect candidate for cutting through thi s -- through Paramount, because I live just on the other side off of Meridian at McMillan and I was looking at -- you showed me the way that I could do that. I really don't think that I would . I live on -- the other side of me is Sundance and cutting through Paramount reminds me of trying to cut through Sundance, which just gets you lost every time. I have lived there for -- in that house for nine years and I still really can't cut through that subdivision. So, I don't think it's going to happen as much as you are anticipating and I hope that it doesn't . Surely there will be some. Is the -- part of -- part of the same issue that goes along with that is the traffic and the -- and the safety issues with the kids. Having the store open 24 hours reduces the amount of traffic that will be during school hours and during peak hours. It allows for people to go shopping at 11:00 o'clock or 12:00 o'clock at night, which reduces the amount of traffic that's on the road during the daytime when most people are out. The loading, the delivery, I mean I think that -- I like the fact that they don't have beepers on their trucks and they are -- the only trucks that are going to be there between 11 :00 and 6:00. So, it sounds like it shouldn't be a problem. I still think that that should be part of the agreement, that only the -- only the nonbeeping trucks will be there. I'm not worried about the agreement with Brighton. I think that will -- they have got a letter, they have got -- that has to -- it has to happen in order for that to work out anyway. Let's see. The overall traffic, and once the improvements are done overall traffic I think it 's going to be better than it is currently and I'm pretty sure that the -- it has to be complete before they can get a certificate of occupancy. So, whether it's -- whatever -- certainly phase one, because they can't do anything before it's finished anyway. I do you think using the word village is a misleading PR opportunity that you have used, because the Village At Meridian has made this beautiful amazing experience. Trying to piggyback on that and make people feel like that -- this is kind of like that, it isn't. This is -- it's a great shopping center, but it's not The Village and I would like the design to come back before Council before final approval. I think that's it. Meridian City Council Meeting Agenda February 5, 2019 – Page 89 of 736 Meridian City Council January 15, 2019 Page 81 of 102 Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: All right. So, before I make a motion, trying to maybe satisfy some of the concerns that Councilman Bernt mentioned -- De Weerd: I think there is a couple more comments, too, before you make a motion. Palmer: Did you -- okay. So, in the -- in the staff report as it talks about it almost every time when there is a development agreement, it says future development of the site shall substantially comply with the concept site plan and it lists a whole bunch of things and it says and conceptual building elevations included in exhibits. So, I really don't want to go through what we did with Costco. That was a fiasco where we decided that we were going to approve the design and , then, we went back and forth with the developer on -- on approving a design and what we had told them we wanted to do. They came -- so, that we would have a public hearing on it and the final approval and every neighbor showed up again that just didn't want the Costco and, then, we said, okay, never mind, go meet with the neighbors again and, then, it was a whole different design than what we had even said. So, I think if -- if we are fine with what they are proposing we are covered with what's going to be in the development agreement. We have done it hundreds of times. I trust staff to make sure that it is in substantial compliance with what they are proposing and, then, back on -- if we could switch back over to the -- the site plan there. I was intrigued by your idea, Councilman Bernt, on kind of moving the road, but, then, I got looking closely at the -- the lines that are kind of faded in there and realized that if that -- if Bergman was to be moved, you know, over and, then, connect up to Fox Run, that would drive that traffic straight through a future residential development and as Mr. McKinney had kind of explained, that he liked what had happened there, because, you know, if you came in and immediately could just turn left, go straight, turn right, go straight and, then, make one more turn and you're in the neighborhood, I think it's far less of a pain than take a curve, a curve, a left, a right, a left. I think what the plan that they went with is -- is the less convenient way to get into the neighborhood and it also avoids having to push additional traffic through what will be that future development. De Weerd: Mr. Bernt. Bernt: One thing -- thank you, Madam Mayor. One thing I failed to mention. If we were to mess with that road I would add like a little pathway, you know, from -- so -- so, the bike -- bikers and -- and those who are pedestrians could -- could access that development easier. Just a thought that I had. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda February 5, 2019 – Page 90 of 736 Meridian City Council January 15, 2019 Page 82 of 102 Milam: I agree there definitely should some good pedestrian access -- access, but I think I saw Lieutenant Harper -- could we ask him if he had some input on safety issues? Harper: Yeah. Madam Mayor, Members of the Council, a couple of things. We keep getting back to cut through traffic. We get a lot of complaints throughout the city -- all parts of the city in the residential areas about speeding traffic, high volumes of traffic going through different subdivisions. When we send out units and our traffic units to address those issues, we come to find out a lot of those people actually live in those subdivisions who are driving reckless, driving well over the speed limit, those types of things. So, I think -- there was some comments made about kind of the spaghetti feel of -- of Paramount trying to get through there. It does get confusing driving through there, but from my knowledge and from what we have seen, the majority of the people aren't cutting through the subdivision to try to get to another main roadway, they are actually residing in that subdivision. That's -- I just wanted to add that on the record. De Weerd: Thank you. I -- I will first preface my comments. I'm not cutting through your neighborhood. W hen I get lost in it I'm actually trying to find something. So, I'm not sure about cut through traffic, because it is really complicated until -- I guess you really know and I have been to Paramount Elementary a lot and I still get lost. So, cut through traffic -- I used to live three blocks from an elementary school and, unfortunately, our collector street had our driveways set back out onto the road, so it made that connector even more of a problem. I'm -- I'm sympathetic to the -- to the families that are concerned for their kids, because I certainly know my neighbors were the worst offenders , because I knew every one of them that sped by my house as I was walking my kids to school. It -- it really concerns me when I hear people testify about their kids playing in the street and that this is going to make it dangerous. Don't let your kids play in the street. It is not -- it's not safe and that's not what streets are for. Streets are actually for cars and I -- and I don't say that trying to demean any of the comments, but as parents we do need to take responsibility for the safety of our kids, because, unfortunately, there are drivers out there that are -- are -- they are not all teenagers, they are -- they are distracted, they are on their phones and it's -- it's all of our responsibility to keep our kids safe . Bergman -- and so, first, I would like to thank the -- the applicant taking the traffic off of Arliss and making that a connection to that connector was appreciated. I think for the most part when you look at the -- the connection to Paramount -- and you do need to have a connection and, Mr. McKinney, I appreciate your -- your courage to get up in front of your neighbors and talk about the -- the connectivity and for -- for traffic flow it makes sense. You don't want to send all your cars out onto the arterial. So, thank you for that. It is important. But Bergman is one of those that don't have driveways that backup to the road and it is the most logical place to connect the subdivision to -- to the subdivision or to the development to the north. I would like to see -- and I'm glad we still have this hearing open . I would like to see that -- the developer work with the HOA to put some kind of a speed mitigation in their subdivision where it connects to the east-west street. I can't remember -- I don't know what street that is, but as that goes into the development to slow that traffic down and that -- that connection is -- is important. I would agree with Lieutenant Harper and I knew the people that were -- and -- and I feel like I'm cut through traffic every time I go to the grocery store now, because I do drive through my neighborhood to go to Albertsons Meridian City Council Meeting Agenda February 5, 2019 – Page 91 of 736 Meridian City Council January 15, 2019 Page 83 of 102 and -- and that -- that -- that is -- I think it's better than putting me out onto the arterial. They drive by my house now, I drive by their house, so we are even. I appreciate Winco moving their building. That loading dock was a concern for all of us and I have been up here a long time, I have seen loading docks -- in fact, I was joking with an applicant for Planning and Zoning Commission earlier today, because my first development application was in 1998 and it was the Crossroad Subdivision and if you go to the Crossroads Subdivision those big buildings are up against residential. There is a -- a road that separates them and -- and they get deliveries all the time and I do have friends that live in that neighborhood. One, they were afraid of cut through traffic. They -- they don't get it, because you get lost in that subdivision, too. And the -- there are a couple of people I know that -- that did move after that development went through, but I also know people who live there now and -- and they are just as happy because they live by their services. I think one person testified that it is important to have services closer to where people live and in our Comprehensive Plan update that has been something that has been said over and over and over again. We need to bring services closer to where people live to start capturing some of those trips. Yes, it's going to attract trips as well, but it's going to capture them and this does bring services closer to where people live. This development is not just the bare minimum. This development is -- is much better than many that we see and does that mean that we better start looking at our minimums ? Yeah, perhaps. And that is something that our staff has asked this Council. If you don't like getting the minimum, you better start looking at the minimum and I believe that's what Councilman Palmer has said as well, is, hey, if you're not good with the -- the minimums, then, change them. But people need to know what to expect when we are getting developments. I think this represents compromise. It hasn't met every single thing that the -- the neighbors have wanted, but this is a different application than we saw and I think it makes -- it has come a long way and I appreciate the neighbors who have stayed here and stuck through it. The public process is -- is sometimes clunky and messy and -- and you feel that you're not heard, but if you look at the first application you will see how far it has come and they maybe didn't meet with you frequently along the way or maybe not at all from what I've heard, but they have heard you and they have changed things and I think in the end that's -- that's the most important aspect is -- is your testimony made this a better application , because they -- maybe they had to listen to you because the Council has made it pretty clear, but I think they have come a long way and they have -- they have brought back a better development because of that. To Denise's comments about who is going to take responsibility. Well, I think we do and, unfortunately, our state is not funding -- they are not accepting their responsibility, yet I don't see anyone -- and I beg people to call your legislators and say why aren't we funding these. The legislature is developing tools to help fund some of these projects and this development and others have used the tool and, frankly, it's the only way we are getting this improvement. It's not the reason to approve this development, but you also have to say, yeah, it's a loan that will be paid back and the taxpayer benefits because we get this for -- for money that -- of today's expenses, instead of down the road when it's even more expensive to do it and I think that's doing everyone in that northern area a benefit, as well as the hundreds of thousands of cars that travel through that corridor on a monthly basis that are not Meridian residents and these developments are part of those solutions. We all have to work together to find solutions to our transportation issues, because, frankly, the city doesn't do roads, but I will Meridian City Council Meeting Agenda February 5, 2019 – Page 92 of 736 Meridian City Council January 15, 2019 Page 84 of 102 tell you what, the city has been one of the problem solvers in a lot of our road issues, because we work with the developers to bring solutions to the table and I'm proud of what our staff does day in and day out when they meet with developers and with our transportation partners to find solutions that are going to happen today, instead of ten years from now. So, I will get off my soapbox, but I do think that there has been a lot of compromise on this. I have been to Winco at -- at 2:00 a.m., not for diapers for a long time, but, boy, I have -- I have seen an empty parking lot and it's usually me and five others. So, it's not a huge influx of people that are -- are out there buying diapers at that time in the morning, but it is something that's necessary. Otherwise, we hit the road and we drive a long way to try and find services that should be available in our backya rd on regional infrastructure and Linder is one of those few roads that go over the river, over the railroad tracks, and -- and do give a north-south connection and I do hope at some point has an overpass, so -- there you have it. Bongiorno: Madam Mayor? Over here. De Weerd: Yes. Hi, Joe. Bongiorno: Since we are talking traffic calming devices and safety, if this does proceed forward I hope discussions would include the fire department , please. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we closed the public hearing on Item -- De Weerd: Oh, before we do, can I ask Ken about the traffic calming measure and -- it's an off-site improvement that I would ask of the developer, but can you work with them to get a traffic calming just to the south of whatever that road that runs parallel -- can anyone tell me what road that is? Neighbors? This one that's between -- that connects Arliss and Bergman what is that east-west. Yes. Bacall. Just south of Bacall. It's on Bergman. If you can get some -- somewhere in there a traffic calming measure. Howell: Of some type. De Weerd: Of some type. Howell: Yes. De Weerd: Work with the -- please work with the neighbors, too -- Howell: Yes. De Weerd: -- and the fire department. Although I don't know, I -- that would be miserable. I would rather work with the neighbors. Sorry, Joe. Meridian City Council Meeting Agenda February 5, 2019 – Page 93 of 736 Meridian City Council January 15, 2019 Page 85 of 102 Howell: Madam Mayor, we will work with who is -- De Weerd: I bet they would be easier to work with. Sorry. Howell: We will work with who is required, but I might have to have a ride in the fire trucks. De Weerd: Over the speed bumps. That would be fun. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: And at the end of the day I think ACHD has to approve -- have to approve that anyway, so you have lots of people to work with to make that Christmas miracle happen. De Weerd: It is a condition, Justin. He's nodding. So, there you go. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on Item 9-B. 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: FIVE AYES. ONE ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, Mr. Nary, Sonya, Caleb, in my earlier comments was there anything I missed that I should not have missed? You wrote them all down and have perfect -- De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Palmer, what I wasn't clear on is I think you made enough of a comment on the variance . In the alternative, would you also agree that you have the ability in your code to also grant it without a variance? So, that if a court were to consider it they -- this Council's opinion is we think there is enough evidence for a variance to be granted and in the alternative, even if it wasn't enough, we can grant it anyway. That's what we did in the -- in the prior application regarding Costco. Meridian City Council Meeting Agenda February 5, 2019 – Page 94 of 736 Meridian City Council January 15, 2019 Page 86 of 102 Palmer: Madam Mayor. Absolutely. That was my intent. So, thanks for -- Nary: I thought that's what -- Palmer: Yeah. You had explained very well, the -- the two options to cover us there and I definitely intended to take advantage of both of them if necessary. So, then, with that I move that we approve H-2017-0088 with all of my previous comments, including not requiring in that first phase that live-work -- the live-work structures be built. Bernt: Not requiring? Excuse me? Palmer: Not requiring it. De Weerd: Prior to -- Palmer: In first -- in the first phase. De Weerd: Okay. Palmer: And approving that access of the east-west collector to Linder and everything else that I mentioned. If that's a sufficient motion, Mr. Nary. De Weerd: Well, only if it's sufficient to Council to know what your motion you just made was. Palmer: Is there anyone on Council that is unclear from my comments before what I'm intending to happen? Anybody want to second it? De Weerd: So, do I have a second? Little Roberts: Second. De Weerd: Okay. I have a second. Do I have discussion? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Palmer, I thought I heard you earlier say the renderings that were proposed in the application of the site was sufficient for the development agreement at this time to be in substantial compliance. The alternative to the roadway access through the adjacent property, the testimony and discussion was that that will happen in due course. There is a process that takes place that has to get completed and that they would need that prior to C of O. Is that adequate for the Council's desires? Was that intended as well? Meridian City Council Meeting Agenda February 5, 2019 – Page 95 of 736 Meridian City Council January 15, 2019 Page 87 of 102 Palmer: Madam Mayor, Mr. Nary, correct. Nary: Okay. Bernt: Madam Mayor? Nary: That's the only two things I wasn't clear on. Bernt: To clarify, Madam Mayor. De Weerd: Mr. Bernt. Bernt: Is that -- are we talking about the Fox Run? Nary: Yes. Bernt: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Does this include a tot lot? Palmer: Madam Mayor? De Weerd: Oh, my gosh. Milam: Okay. But really -- De Weerd: That wasn't serious. Milam: I really would like something about -- more about the design review than just meeting basic standards, so -- I'm okay with it, except for that. And I don't know -- that doesn't necessarily mean we have to do another -- whatever happened with the other application, but we could prepare the -- the developer to work with the neighbors to bring something back, other than go back and forth and back and forth and not hav e another public hearing, just getting people against the project, but just for the design, to make sure that it fits in with the neighborhood and the -- more of an upscale -- something. Something to kind of guarantee that there is -- it's more than just a brick wall. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Meridian City Council Meeting Agenda February 5, 2019 – Page 96 of 736 Meridian City Council January 15, 2019 Page 88 of 102 Bernt: Along with that are -- I would be also open to the discussion in regard to creating hours of deliveries between a certain amount of time. I, too, am in favor of a final design review. I don't know if it necessarily needs to involve a final say from -- from residents. Their input would be nice. Maybe like a -- like a public meeting of some type so that residents can just give their point of view. I know it was a process with the Winco -- with the Costco folks, but the net result was something that looked amazing and -- and as a -- as a decision making body we only have one shot at this. You know, I mean this is going to be a development that will -- will -- you know, many generations will love and enjoy and frequent. So, if it requires another meeting to get it right and to verify and confirm that it's right I -- just don't -- I think that's a reason -- reasonable ask in my opinion. I could be -- I'm only one vote, but that's -- that's my -- that's my opinion. Those are the two issues. I think we talked about traffic calming. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: As I recall we only had one comment about wanting to ensure anything about the design. To have a whole other meeting and open up this disgusting can of worms that we did before, I mean -- I don't believe we have that short of memories. Remember what a chaotic mess that was. But there doesn't appear to be any real objection of the design, with the exception of wanting to avoid some metal and to increase the amount of rock. So, I believe if that were to happen it would still probably be in substantial compliance and I see the applicant is taking notes, so if they do that, great, but I believe that the design isn't objectionable and it will have to be in substantial compliance and we have learned, you know, over the last year with discussions with Caleb that they are very cognizant of the desire to ensure that the things do apply to what they are supposed to in down into the detail of us discussing whether we are going to require certain articulations on single level versus two story houses that are abutting arterial roads. So, I think we are covered and I don't think that we as a council need to get deeper into the architectural design business. Cavener: Call the question then. Hood: Madam Mayor, just one clarification before the call for the -- sorry. Madam Mayor, you asked the applicant if they would be willing to consider the off site -- some form of traffic calming there at Bacall and Bergman. I did not hear that in Councilman Palmer's original quasi motion, nor did I hear it after. So, just a clarification for the maker of the motion and the second, if that is also part of this and include that in this or if that was -- just kind of need to know for clarity if -- if that is a requirement to work with ACHD and -- and assuming ACHD will allow that and -- and the fire department and so on and so forth. Palmer: Madam Mayor. Yes. Assuming everybody's on board that needs to be on board, then, build it. Meridian City Council Meeting Agenda February 5, 2019 – Page 97 of 736 Meridian City Council January 15, 2019 Page 89 of 102 De Weerd: Mr. Bernt, if -- if you gave the applicant and staff a little bit more ideas of what you would like to see the Winco, perhaps have a couple of more elements to it that would match the building on the other side of the plaza, just giving a little bit better sense of what you're looking for. Otherwise, I would -- putting a staff hat on, are we are going to start designing every business that comes in front of us that -- Bernt: No. De Weerd: And -- and that's -- that's certainly a concern with doing -- we need to look at our design standards and say things are not sufficient. I -- we are getting into kind of a slippery slope of what we are going to be designers and engineers and planners and -- you just need to give better guidance on what you're looking for if -- if that's going to be a concern that would prompt a vote either direction, you at least need to give some more idea of what you're talking about. Cavener: Madam Mayor. Oh, sorry. I didn't know if your question was for Council Member Bernt or not. De Weerd: It was. Cavener: Okay. Well, I will allow him to answer. I don't want to -- De Weerd: Mr. Bernt. Bernt: Madam Mayor. I want it to flow. I want it to match the -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: If Council were to ask to be able to have an opportunity to review the design of the building, I don't think that's us getting into designing it. What I think the direction could potentially be was for the applicant to work with the neighbors . I overheard as we were getting ready for a meeting tonight Mr. McKinney shook Mrs. Reynolds' hand and said, you know, world champions always shake hands and I thought that was so fitting, because we have a world champion in a developer and a world champion in this neighborhood group that are really wanting to find opportunities to work together. I trust wholeheartedly that the neighbors and the developer can engage each other, work collaboratively, and come up with something and Mr. Palmer is right, it might be a little messy, but this project has been a little messy. Making sausage is messy and I agree with Council Member Bernt, we get one chance to do this right. One of the things that we have heard time and time again is that we want to hear from our neighbors. This is a piece that they want to engage in. I'm supportive of making sure that this amazing development that's going to be here for a long period of time meshes well, flows well with the surrounding neighborhood. So, I'm -- I'm supportive of that particular piece for what it's worth. I -- I Meridian City Council Meeting Agenda February 5, 2019 – Page 98 of 736 Meridian City Council January 15, 2019 Page 90 of 102 commend Council Member Bernt and Council Member Milam for kind of leading the charge on that. I think it's -- it's good direction to provide. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Is there any -- is there any discussion regard to delivery hours? Am I the only one that feels like this is an important conversation to have ? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think if we were going to restrict hours it would have made any shifting or redesign of the building pointless. If we are going to restrict hours they could have done whatever design they had originally, but they have gone to -- to me excessive lengths to -- to mitigate every possible thing that they could do that still made sense business wise to -- to make this happen, so that they would still be able to have 24/7 deliveries. Can we vote? De Weerd: Is there any further comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Before we take a vote I just -- I want to just shed some light on something. I received a text message from a member of the public about this after the public hearing was closed. I'm not taking that information into consideration, but just wanted to add it to the record that I received a text message from somebody in the audience providing some feedback about the application. Milam: Madam Mayor? Cavener: I wish they wouldn't have, but -- and I don't think it was done with bad intentions, but I just think it's important that we disclose that, because sometimes people like to know what we are being texted -- or when we are being texted. De Weerd: Please don't text us. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda February 5, 2019 – Page 99 of 736 Meridian City Council January 15, 2019 Page 91 of 102 Milam: I still feel like I would like the final approval on -- on the design and I think this is something that we learned through the Costco process and although it was very difficult and it took way longer than it should have, maybe we can learn by that and make -- speed this process up a little bit, but what we got out of that was a tremendous store that had we not insisted on that would have just been another prison-looking big box like this one. So, I -- you know, I don't know if this substantially looks like a lot of the other designs, I'm good with that, but it doesn't in these renderings. So, that's why I say I would like at least approval at the end and I would like -- I don't want to design it, I would like the developer to work with the -- with the residents, if that's something that they are interested in doing, and just make sure that it looks very much like the other buildings in the development as much as possible, without making it all glass. I guess it can't be an all glass store. De Weerd: Okay. Any other comments? Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, nay; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, nay. MOTION FAILED: TWO AYES. THREE NAYS. ONE ABSENT. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: If -- okay. So, I'm -- I have got a question for the applicant, so I move we reopen the public hearing on Item 9-D. Cavener: Second. De Weerd: I have a motion and a second to reopen the public hearing and have Mr. Howell come forward. Oh. All those in favor say aye. I'm sorry. I just did it. MOTION CARRIED: FIVE AYES. ONE ABSENT. Palmer: Madam Mayor? So, before I ask the question of the applicant, I'm going to ask a question of Council. If the applicant is agreeable to it, are -- is the rest of Council fine if -- if we add in the language substantial compliance with the designs of what's on the screen right now, as opposed to the actual Winco building design that was in the presentation? I agree they -- I think they look better, but I'm fine with the other one. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: This is the deal. They don't look the same. I'm looking at this right here where it says signage, this building that says signage, it does not look like the Winco building. It's a completely different look. I just -- all I'm wanting them to do is look the same. If that Meridian City Council Meeting Agenda February 5, 2019 – Page 100 of 736 Meridian City Council January 15, 2019 Page 92 of 102 building that just said signage looks exactly -- and you can make the Winco look exactly the same, then, we are good. I'm just -- I'm just looking at this building that says signage and I'm now looking at the Winco building, they do not look the same. They don't -- they don't -- they don't look the same. That looks like a grocery store in the middle of a marketplace and I'm just telling you right now, in my opinion, that doesn't fly. We don't need -- we don't need to extend this a month, two months, three months, we don't need to complicate this. It's an easy process. They just need to match. That's it. De Weerd: Mr. Howell. I guess you have a question there. Howell: There is a question in there somewhere, I agree, Madam Mayor. De Weerd: Mr. Howell, you know, we can -- we can -- what is the right word? We can set this aside for -- to do a couple more Council agenda items if you want to talk with your team. Howell: Madam Mayor, that's not necessary. De Weerd: Okay. Howell: We -- we have discussed it as you were discussing it and the tenant Winco is certainly amenable to participating in the design process. That I think gets to the issue that Councilman Bernt and I think also Councilman Milam really want is -- is they want the -- the grocery store to look more like the other buildings that say signage or something. You wanted to have that -- that look and feel, if you were, and we don't have any issue with that and we don't have any issue of participating in that process. I think wh at we would like to know is what that process would be and if that process is as simple as we are directed to submit revised designs for design review to take a look at and as a part of that design review, design review conducts a hearing -- and hearings may be the wrong word -- but conducts a meeting that has an opportunity for public input and participation and -- and at the end of that design review is going to make a decision with very clear direction I think that you have already given them in conjunction with the input we would have, absolutely. I guess my concern is -- I don't want to say, well, you guys just go off and sort it out without any kind of guidelines for how that gets done and, then, we never really get it sorted out. We are more than happy to participate in that process. I think we fully understand what your concerns are in designing the building, but what we just wanted some clarification to say that process is going to mean design review is going to have that dialogue with us in a public meeting setting, so that they can take that public commentary and we can put it all together and if the direction is to come back with a building that looks more like these other buildings that you're referring, absolutely, we don't have an issue with that. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda February 5, 2019 – Page 101 of 736 Meridian City Council January 15, 2019 Page 93 of 102 Palmer: I'm -- I'm -- I agree that they -- it would certainly look better if -- if the buildings were consistent and I think that it could be , you know, a staff level handling it to ensure that the design as submitted is substantially compliant with this vision of the structures throughout the development. That way you don't have to deal with us again, because we will no doubt continue it seven more meetings in a row. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And I'm okay giving that direction as well, as long as -- that we are very clear that the Winco building will substantially be like the conceptual building elevations in the rest of the park, not the other way around. Want it different and all of a sudden all the buildings look like the Winco. So, you know, the way that these buildings look -- and you make the -- you make the Winco building look more like that, more of a community feel, you know, I had -- if you would take a look at what we did with -- you know, what happened with the Costco, there is some great elevations, kind of gives you an idea of just like a much more welcoming community kind of feel, as opposed to -- you know, you're already asking for a much larger footprint than -- than what is supposed to be here. So, by just making it look like -- and I'm not going to use that word again. Anyway, I think doing this would really -- well, substantially make the neighbors a lot happier since they have to be a neighbor to it. De Weerd: I -- I guess the question goes to staff . Milam: Right. De Weerd: By saying the Winco needs to look more like the other side , is that enough direction that you feel you can work with that? Allen: Madam Mayor, I think requiring the Winco building to incorporate some of those design elements as shown on the elevation there on the left -- and if there is specific design elements you like about that, colors, anything, please point it out. Bernt: Madam Mayor, I certainly did not mean to open up a can of worms and there is other more important things that we need to talk about , other than this, and I apologize if I have steered us off into the weeds. I only just want it to look the same. That -- that's it. De Weerd: I understand. Bernt: That -- that's all I'm saying. We don't need to -- that's just it. I don't know what else to say. I apologize. It's my fault. Hood: Madam Mayor, if I can just real quick -- and I don't know if that's the sentiment of all Council, but if, in fact, there isn't this other public involvement kind of piece where it's designed with -- with the neighborhood, I think what Sonya and I talked about is if -- if the Meridian City Council Meeting Agenda February 5, 2019 – Page 102 of 736 Meridian City Council January 15, 2019 Page 94 of 102 applicant is willing to do that, we can attach that to the development agreement , the revised elevations for Winco. If you don't like those revised elevations, you pull it off of the agenda and you have a conversation about it, so -- but I think they have heard your direction that it generally needs to match in with this and that's your opportunity then -- again it will be an exhibit in the development agreement. You will still say it needs to substantially comply, but it will look different than what it does now and that's -- and that's the way you do it. Now, it's a different story if we are going to have public involvement and maybe just to clarify, we don't have a design review committee . Design review is done at the staff level. It's not a public hearing process. So , just probably more for Mr. Howell, but we don't have that process, so we have to come up with probably a clunky process like we did with Costco, unfortunately. But, anyways, that's a potential solution if -- if that's at least what a majority of you would like to see. They could submit revised elevations and we attach that as an exhibit to the development agreement . Howell: Madam Mayor, we are a hundred percent fine with that. Bernt: I don't think that's a major ask. De Weerd: Mr. Nary. Nary: Madam Mayor, Caleb and I were on the same page. You still have the development agreement to come back and it's going to take two to three weeks or so to craft that. Now, if that takes a little longer to submit new drawings -- all your motion needs to include is you would like new drawings as Council Member Bernt said, that this -- the Winco store design would be more in line with the other buildings in the complex. The renderings will come back with the development agreement. If you're not satisfied with those you can pull that off, have that conversation. If you still think there needs to be more involvement in some case, you can do that, then. You don't have to make that decision tonight. De Weerd: And I think there was an elevation also submitted as part of public testimony that -- that offers you something else as well to consider. Okay. Any other comments? Howell: Don't think so. Palmer: Madam Mayor? Unless anybody else -- De Weerd: Mr. Palmer. Palmer: I'm going to close it again. I move we close the public hearing on Item 9-D. 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: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda February 5, 2019 – Page 103 of 736 Meridian City Council January 15, 2019 Page 95 of 102 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I move that we approve this application H-2017-0088, with the following conditions: Number one, we require that there are no deliveries between 11 :00 p.m. and 6:00 a.m. That we incorporate traffic calming measures on Bacall on that -- on the corner. Is there any feedback in regard to exact -- you know, specifications of what type of calming measures that we need on -- on the public record on the motion? Nary: Mr. Bernt, I wouldn't suggest that, just because that's really going to be a discussion with ACHD. Bernt: Okay. But it's important to involve ACHD and also the fire department with their -- with their opinions as well. Would we include exactly with -- in regard to the variance, Mr. Nary? Nary: Madam Mayor, Members of the Council, Council Member Bird, if you want the same conditions that Council Member Palmer had originally moved for, that's fine. Bernt: Okay. Nary: That's adequate for us to be able to create findings. Bernt: Okay. And incorporating also with this motion the information that was provided by Mr. Palmer in regard to Highway 20-26 and the variance. I think that's about it. De Weerd: Okay. I have a motion. Do I have a second? Cavener: Second for discussion. De Weerd: Okay. Discussion. Cavener: Madam Mayor, question for staff. What you're hearing from Council Member Bernt, clearly defined? Do you need any clarifications on us before we take a vote? Madam Mayor, what I heard was that Council Member Bernt made a motion to take in all of Council Member Palmer's previous motion -- Bernt: In regard to the variance. Cavener: In regards to the entire pieces as I understood it, but also to add in to limit the hours of delivery from 11:00 p.m. to 6:00 a.m. and make sure that -- work with ACHD to determine the proper traffic calming mechanisms to go in and along Bergman . Is that accurate? Bernt: Yes, sir. Meridian City Council Meeting Agenda February 5, 2019 – Page 104 of 736 Meridian City Council January 15, 2019 Page 96 of 102 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just -- it's a long night. The -- like Councilman Palmer said, if -- if they were -- if we are going to limit -- limit deliveries, then, the reconfiguration and making them haul everything across the store was all for nothing. They are only having their trucks there between those hours, they still make beeping sounds, so I'm not going to be in favor of this motion. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: As a substitute motion, I move we approve H-2017-0088 with all of my previous findings and motion details and in addition to all of that to conclude the points of the discussion that we made with regard to this rendering, the one for the rest of t he development's appearance, that the Winco be in substantial compliance with that design and that it be a staff level handling of deciding whether that is, in fact, in substantial compliance with our -- intent of our discussion, then, we will make that final decision at the approval. Milam: Second. De Weerd: Okay. I have a substitute motion and a second. Any discussion? Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: I thought we almost would have had a unanimous vote. So, I'm not supportive of the -- of the substitute motion. I am in support of Council Member Bernt's original motion. I think it gets to the crux of what I think are some of the biggest outl ying issues related to this application. I believe they would be resolved. I think we heard from the applicant that their business model for the most part would allow some type of confidence for our residents about the sound that would be coming in and around that facility. So , I'm supportive of the original motion, but I will be voting against the substitute motion. De Weerd: Okay. Any further discussion? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm just as -- as much as I go back and forth with the beeps, I believe that the applicant has done more than a substantial amount with changing the building and Meridian City Council Meeting Agenda February 5, 2019 – Page 105 of 736 Meridian City Council January 15, 2019 Page 97 of 102 building the wall and everything to go out of their way to minimize the noise, maybe completely mitigate the noise and I don't agree with the substitute motion -- I agree with the substitute motion. Sorry. It's getting late. De Weerd: Any further comments? I will call for the vote. Roll call: Borton, absent; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea; Bernt, nay. De Weerd: Okay. The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. Item 10: Department Reports A. Parks and Recreation: Proposed Park Alcohol Permit Ordinance Change De Weerd: Thank you all for sticking with us and for your involvement. Okay. I will go ahead and move to Item 10-A and that's under our Parks Department. Colin is here. And here you thought that this was regarding your item, uh? Moss: Yes. Good evening, almost morning, Madam Mayor and Members of the Council. Very pleased to be here tonight to talk about process improvement that we are hoping to implement in the -- in the spirit of some of the PEAK training that we have gone through recently. We have kind of taken a look at some of the things that we do around the Parks and Recreation Department and one of -- one of the things that kind of stuck out to us is our alcohol permit process and so that's what I'm here to talk to you about tonight, just to give you a very brief history of the alcohol permit process . When I started back in 2015 we -- we have an alcohol permit that is a 20 dollar permit. If you want to have a -- if you want to have alcohol at your picnic shelter reservation you have to apply, fill out that alcohol permit. The Parks and Recreation Department would send that alcohol permit over to the police department, the police department would -- we would run a background check on all of those applicants. I can't say exactly, you know, what -- how thorough that background check was. The police department would, then, send it to the clerk's office and the clerk's office would, then, sign that alcohol permit and, then, they would send it back to us for -- to give to the applicants. A couple years after I started the clerk's office said we don't even do anything with this when we sign it and so stop sending it to us , don't put our -- don't put our signature name on it and, then, just a couple of years ago the police department made the decision that it was really not necessary for them to run background checks on every alcohol permit applicant and so we no longer have a process really. The Parks Department -- for the last two years the Parks and Rec Department takes in alcohol permits, we sign them ourselves and we send them back to the applicant. The only time that we ever deny applications is when we get an application from somebody who is under 21 and so that's -- that's the only time that they -- that it gets denied and so what we are proposing with this ordinance change is essentially -- it doesn't Meridian City Council Meeting Agenda February 5, 2019 – Page 106 of 736 Meridian City Council January 15, 2019 Page 98 of 102 do anything to change what happens on site at a park. All the guidelines are still the same. You can still only have your alcohol around the picnic shelter. It still requires a reservation to be able to bring alcohol with your reservation. It simply makes it so that your reservation permit is the alcohol permit. You don't have to apply for a separate alcohol permit and pay the additional 20 dollar fee and so, you know, we did over 300 alcohol permits this last year and Jeanette in our -- at our front desk spent a considerable amount of time processing those, you know, chasing down the people that needed to get those submitted to us and so we are -- you know, obviously, the -- the downside is that, you know, we -- we took in at 20 dollars apiece over 6,000 dollars in revenue from those alcohol permits, but it's -- it's our feeling that it is an unnecessary process and fee at this point and this ordinance change would remove that and so I would stand for any questions. De Weerd: Thank you, Colin. Removing layers. Moss: Yes. De Weerd: You're awesome. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not a question, just a comment. I'm disappointed that our friend from the media left. I think this is something we should be reporting. We are. And to the Mayor's point, we are removing layers of government. That's something I'm really suppo rtive of and congratulate you and the Parks Department team for identifying this deficiency and working to improve our taxpayers. It's a great job. Moss: Thank you. De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: And if I may add, thank you for using your PEAK training. Moss: Absolutely. De Weerd: You're one of the trainers; right? Moss: Not yet. De Weerd: Okay. Meridian City Council Meeting Agenda February 5, 2019 – Page 107 of 736 Meridian City Council January 15, 2019 Page 99 of 102 Moss: Not yet. Next -- next week. De Weerd: Working on it. Moss: Next week we have a train the trainers training. De Weerd: Train the trainers training. Good job. Moss: And so -- yeah. Just as a procedure, I believe it's not -- the actual ordinance change is not on the agenda tonight, so we would come back next week with the -- without a presentation necessarily, with just the -- just the formal change. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Thanks, Colin, for all the work that you put into this and, yeah, it's always great to save time and save our citizens money that they don't need to just be wasting for basically nothing. And thanks for hanging out until midnight to tell us that. We could have just put you on next week's agenda. Moss: Yeah. Milam: Hopefully you got some entertainment tonight. Moss: Happy to be here. Thank you. Item 11 : Ordinances [Action Items] A. Ordinance No. 19-1804: An Ordinance Amending Title 2, Chapter 6, Sections 2-3, Of The Meridian City Code, Regarding Duties, Membership And Qualifications For The Members Of The Solid Waste Advisory Commission Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Thank you. Mr. Clerk, will you, please, read Ordinance 11 -A by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1804, an Ordinance amending Title 2, Chapter 6, Sections 2-3 of the Meridian City Code, regarding duties, membership and qualifications for the members of the Solid Waste Advisory Commission, providing for a waiver of the reading rules; and providing an effective date. De Weerd: Council, you have heard the reading of this ordinance. Do I have a motion? Milam: Madam Mayor? Meridian City Council Meeting Agenda February 5, 2019 – Page 108 of 736 Meridian City Council January 15, 2019 Page 100 of 102 De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 19-1804 with suspension of rules. Palmer: Second. De Weerd: I have a motion and a second to approve Item 11-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 19-1805: An Ordinance (H-2018-0076 – Belveal Subdivision) For The Re-Zone Of A Parcel Of Land Within The Northeast Quarter Of The Northeast Quarter Of Section 18, Township 3 North, Range 1 East, Boise Meridian, City Of Meridian, Ada County Idaho; Establishing And Determining The Land Use Zoning Classification From L-O (Limited Office) Zoning District To C-C (Community Business) Zoning District In The Meridian City Code; Providing That Copies Of This Ordinance Shall Be Filed With The Ada County Assessor, The Ada County Recorder, And The Idaho State Tax Commission, As Required By Law; And Providing For A Summary Of The Ordinance; And Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. De Weerd: Item 11-B is Ordinance 19-1805. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1805, an ordinance file H-2018-0076, Belveal Subdivision, for the re-zone of a parcel of land within the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada county Idaho; establishing and determining the land use zoning classification from L-O (Limited Office) Zoning District to C-C (Community Business) Zoning District in the Meridian City Code; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing for a summary of the ordinance; and providing for a waiver of the reading rules; and providi ng an effective date. De Weerd: Thank you, Mr. Clerk. You have heard this read by title. Council, do I have a motion? Milam: Madam Mayor? Meridian City Council Meeting Agenda February 5, 2019 – Page 109 of 736 Meridian City Council January 15, 2019 Page 101 of 102 De Weerd: Mrs. Milam. Milam: Move to approve Ordinance No. 19-1805 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 11 -B. Mr. Clerk, will you call role. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 19-1806 : An Ordinance Repealing Meridian City Code Section 1-14-5(B ), Regarding Disclosure And Disqualification; And Providing An Effective Date De Weerd: 11 -C is Ordinance 19-1806. Mr. Clerk, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 19-1806, an ordinance repealing Meridian City Code Section 1-14-5(b), regarding disclosure and disqualification; and providing an effective date. De Weerd: Thank you. Council, do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move we approve Ordinance No. 19-1806 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 11 -C. Mr. Clerk, will you call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda February 5, 2019 – Page 110 of 736 Meridian City Council January 15, 2019 Page 102 of 102 De Weerd: Council, anything under Item 12? If not, I would like to remind you about the Mayor's Youth Advisory Council Legislative Breakfast. It should be an interesting conversation this Saturday at 8:00 a.m. here at City Hall and to also remind you that City Hall is closed on Monday. So, with that, if there is nothing further, I would entertain a motion to adjourn. Cavener: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 11:47 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) C MAYOR TAMY DE WEERD DATE APPROVED ATTE ��Q HvvvST 7 1 0� 'moo C. J&Y CO S, ClTbaf ERK q U ('��y vi P�1� 1�1 �No W City Council Regular Meeting January 15, 2019 Agenda Item Number: 5 Project File Number: Item Title: Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum) Meeting Notes: Signing up priorto 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 fol lowing the meeting. City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 A Project File Number: Item Title: Approve Minutes of January 2, 2019 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of J anuary 2, 2019 City Council Regular M eeting C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 1/7/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/7/2019 - 8:06 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 5 of 462 Meridian City Council January 2, 2018 Page 55 of 55 MEETING ADJOURNED AT 8:35 P.M. (AUDIOBECfIRNa ON FILE OF THESE PROCEEDINGS) MAYOR TA ATTEST: C. JAY COLE E WEER ITY CLERK 1 /1-5 /19 DATE APPROVED CPI ,UGU$TOO 0 ` `\v oc U C a SI�Pv ��i City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 B Project File Number: H-2018-0133 Item Title: Final Plat for Vicenza Commons Subdivision No. 4 Meeting Notes: H-2018-0133 By Cottonwood Development, LLC, Located East of N. Black Cat Rd and W. Gondola Ct I TEM SHEET C ouncil Agenda I tem - 6.B . Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Vicenza E states S ubdivision No. 4 (H-2018-0133) by Cottonwood D evelopment, L L C, L ocated E ast of N. B lack C at Rd. and North of W. G ondola D r. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 1/9/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 1/9/2019 - 4:52 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 61 of 462 Page 1 HEARING DATE: 1/15/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0133 Vicenza Estates No. 4 LOCATION: East of N. Black Cat Rd. and W. Gondola Dr., in the NW ¼ of the SW ¼ of Section 27, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant, Cottonwood Development, LLC., submitted an application for a final plat consisting of twenty-nine (29) building lots and three (3) common lots on 12.09 acres of land in the R-4 zoning district for the fourth phase of Vicenza Estates. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 15, 2019 – Page 62 of 462 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 12.09 Future Land Use Designation Medium Density Residential Existing Land Use Undeveloped Proposed Land Use(s) Single-family Residential Current Zoning R-4 Proposed Zoning R-4 Lots (# and type; bldg/common) 29 bldg./3 common Density (gross & net) 3.41 gross/4.28 net Open Space (acres, total [%] / buffer / qualified) 0.18 acres (2.13%) Amenities None proposed in this phase Physical Features (waterways, hazards, flood plain, hillside) West Tap Sublateral History (previous approvals) AZ-05-040, DA Inst. No. 106034786; MDA 10-009, DA Inst. No. 111010393; PP-10-004 Meridian City Council Meeting Agenda January 15, 2019 – Page 63 of 462 Page 3 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Cottonwood Development, LLC. 398 E. Copper Ridge St. Meridian, ID 83646 B. Representative: Matt Munger, WHPacific, Inc. 2141 W. Airport Way, Ste. 104 Boise, ID 83705 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 15, 2019 – Page 64 of 462 Page 4 IV. STAFF ANALYSIS The proposed final plat depicts twenty-nine (29) building lots and three (3) common area lots on 12.09 acres of land in the R-4 zoning district. Development is required to comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. The common lot for the street buffer along W. Gondola Dr., a collector street, was included in the Vicenza Subdivision No. 2 final plat and constructed with that development. Staff has reviewed the proposed final plat for consistency with the approved preliminary plats and found there is one (1) fewer building lot than was depicted on the preliminary plat. The applicant has omitted open space from the southeast boundary of lot 1, block 1 which differs from the approved preliminary plat. Because the number of building lots has decreased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B- 3C.2. However, the applicant shall be required to either provide open space as approved in the preliminary plat or provide a new open space exhibit that demonstrates no reduction in the total amount of open space approved in the preliminary plat. A. Existing Structures/Site Improvements: None. B. Dimensional Standards (UDC 11-2): The minimum lot size required per dwelling unit is 8,000 square feet in the R-4 zoning district. Lots 14, Block 3 in the proposed final plat shall be revised to comply with that minimum size requirement. Otherwise, comply with UDC Table 11-2A-5 for R-4 district: (http://sterlingcodifiers.com/codebook/index.php?book_id=306&chapter_id=20919#s1165278) C. Access (UDC 11-3A-3, 11-3H-4): One (1) access point is proposed via W. Gondola Dr. (collector) via W. Napoli Way (local). Two (2) stub streets are proposed to connect to a future phase of proposed development (Vicenza Commons No. 2) via N. Exeter Way and W. Napoli Way. D. Common Open Space ( UDC): A pedestrian connection to the open space along Lot 1, Block 1 to reflect the approved preliminary plat should be depicted or the applicant shall submit a revised open space exhibit that demonstrates compliance with the open space as required with the approved Volterra North preliminary plat. E. Sidewalks (UDC 11-3A-17): A minimum five-foot wide sidewalk is required along both sides of public streets in accord with UDC 11-3A-17D and as proposed on the landscape plan. A five-foot sidewalk exists along W. Gondola Drive. F. Landscaping (UDC 11-3B): Landscaping along W. Gondola Dr. and N. Black Cat Rd. was included and constructed with the development for Vicenza Subdivision No. 2 final plat. Landscaping is required along pathways in accord with the standards listed in UDC 11-3B-12C. A minimum five-foot wide landscape strip is required along each side of the pathway consisting of a Meridian City Council Meeting Agenda January 15, 2019 – Page 65 of 462 Page 5 mix of trees, shrubs, lawn and/or other vegetative groundcover. A minimum of one (1) tree is required per 100 linear feet of pathway. Common open space areas are required to be landscaped with lawn (either seed or sod) and a minimum of one (1) deciduous shade tree per 8,000 square feet as set forth in UDC 11-3G-3E. Parkways are required to be landscaped per the standards listed in UDC 11-G-3B.5. G. Fencing (UDC 11-3A-6, 11-3A-7): Six-foot vinyl fencing currently exists along W. Gondola Dr. and N. Black Cat Rd. Proposed fencing within the subdivision includes six-foot vinyl and four-foot vinyl privacy fencing along both sides of lot 2, block 2. The proposed fencing along the common lot is in accord with UDC 11-3A-7b. Details have been submitted with the landscape plan and are included in Exhibit VI.C. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. VI. EXHIBITS A. Approved Volterra North Subdivision (PP-10-004) Meridian City Council Meeting Agenda January 15, 2019 – Page 66 of 462 Page 6 B. Final Plat (date: 11/8/2018) Meridian City Council Meeting Agenda January 15, 2019 – Page 67 of 462 Page 7 Meridian City Council Meeting Agenda January 15, 2019 – Page 68 of 462 Page 8 C. Landscape Plan (date: 11/7/2018) Meridian City Council Meeting Agenda January 15, 2019 – Page 69 of 462 Page 9 Meridian City Council Meeting Agenda January 15, 2019 – Page 70 of 462 Page 10 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [AZ-05-040, Development Agreement #106034786; PP-10-004; MDA-10- 009, Development Agreement #111010393]. 2. The applicant shall obtain the City Engineer’s signature on the final plat by October 15, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific, stamped on 11/28/18 by Travis P. Foster, included in Exhibit VI.B shall be revised as follows: a. Note #8: Include the recorded instrument number of the restrictive covenants for the subdivision. b. Note #8: Include the approved addendum to the development agreement - 1st Addendum (Inst. 111010393). c. Note #11: Include the recorded instrument number of the ACHD Landscape License Agreement. 5. The landscape plan prepared by South, Beck & Baird, stamped on 11/7/2018, included in Exhibit VI.C shall be revised as follows: a. Depict open space as approved in the preliminary plat or provide a new open space exhibit that demonstrates no reduction in the total amount of open space approved in the preliminary plat as required in UDC 11-6B-3C-2a(3). 6. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement. 7. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 8. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works – Site Specific Conditions: 1. Add an additional type 1 light on N. Black Cat Road at the south boundary of the property. 2. Dead end water mainlines in this phase will create areas that will increase age of water (stagnate) delivered to customers and lower chlorine residual levels making the water more Meridian City Council Meeting Agenda January 15, 2019 – Page 71 of 462 Page 11 susceptible to contamination. Both dead ends in this phase meet fire flow requirements, and will be eliminated when the mainlines are connected to Vicenza Commons Subdivision. General Conditions: 3. Sanitary sewer service to this development is available via existing mains. 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. 4. Water service to this site is available via existing mains. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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. 10. 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. 11. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Meridian City Council Meeting Agenda January 15, 2019 – Page 72 of 462 Page 12 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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. Meridian City Council Meeting Agenda January 15, 2019 – Page 73 of 462 Page 13 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 24. 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. 25. 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 January 15, 2019 – Page 74 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 C Project File Number: H-2018-0131 Item Title: Final Plat for Vicenza Commons Subdivision No. 2 Meeting Notes: H-2018-0131 By Cottonwood Development, LLC, Located East of N. Black Cat Rd and W. Gondola Ct I TEM SHEET C ouncil Agenda I tem - 6.C. Presenter: Estimated Time f or P resentation: Title of I tem - F inal P lat for Vicenza C ommons S ubdivision No. 2 (H-2018-0131) by C ottonwood Development, L L C, L ocated E ast of N. Black Cat Rd. and W. Gondola Dr. C lick Here for A pplication Materials C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/10/2019 - 7:17 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 75 of 462 Page 1 HEARING DATE: 1/15/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0131 Vicenza Commons No. 2 AKA Volterra North Subdivision (PP-10-004) LOCATION: East of N. Black Cat Rd. and W. Gondola Dr., in the NW ¼ of the SW ¼ of Section 27, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant, Cottonwood Development, LLC., submitted an application for a final plat consisting of thirty-nine (39) building lots and three (3) common lots on 12.09 acres of land in the R-4 zoning district for the seventh phase of Volterra North (and second phase of Vicenza Commons). STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda January 15, 2019 – Page 76 of 462 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 12.09 Future Land Use Designation MDR Existing Land Use Undeveloped Proposed Land Use(s) Single-family Residential Current Zoning R-4 Proposed Zoning R-4 Lots (# and type; bldg/common) 39 bldg./3 common Density (gross & net) 3.2 gross/3.94 net Open Space (acres, total [%] / buffer / qualified) 0.23 acres qualified / 1.9% Amenities None in this phase History (previous approvals) AZ-05-040, DA Inst. No. 106034786; MDA 10-009, DA Inst. No. 111010393; PP-10-004 Meridian City Council Meeting Agenda January 15, 2019 – Page 77 of 462 Page 3 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant/Owner: Cottonwood Development, LLC. 398 E. Copper Ridge St. Meridian, ID 83646 B. Representative: Matt Munger, WHPacific, Inc. 2141 W. Airport Way, Ste. 104 Boise, ID 83705 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda January 15, 2019 – Page 78 of 462 Page 4 IV. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the preliminary plat as required by UDC 11-6B-3C.2. There are three (3) fewer building lots shown on the proposed final plat than were depicted on the preliminary plat which was the result of consolidation and re- configuration of lots covering the same area. Because the number of building lots has decreased and the amount of common area is the same, staff finds the proposed plat is in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. Open space planned for this phase consists of three (3) common lots. The proposed open space complies with the overall open space and site amenities approved with the Volterra North development. A. Existing Structures/Site Improvements: None. B. Dimensional Standards (UDC 11-2): The minimum lot size required per dwelling unit is 8,000 square feet in the R-4 zoning district. Lots 4-7, Block 3 in the proposed final plat shall be revised to comply with that minimum requirement. Otherwise, comply with UDC Table 11-2A-5 for R-4 district: (http://sterlingcodifiers.com/codebook/index.php?book_id=306&chapter_id=20919#s1165278) C. Access (UDC 11-3A-3, 11-3H-4): Two (2) access points are proposed via W. Gondola Dr. (collector). A stub street is proposed to the south, between Lot 30, Block 1 and Lot 1, Block 2. D. Sidewalks (UDC 11-3A-17): A minimum five-foot wide sidewalk is required along both sides of public streets in accord with UDC 11-3A-17D and as proposed on the landscape plan. A five-foot sidewalk exists along W. Gondola Drive. E. Parkways (UDC 11-3A-17): A minimum eight-foot width of parkway landscaped in accord with 11-3A-17E is required along the proposed stub street to the south (N. Sepino Ave.). The proposed landscape plan complies with this requirement. F. Landscaping (UDC 11-3B): Landscaping along W. Gondola Dr. was included and constructed with the development for Vicenza Subdivision No. 2 final plat. G. Fencing (UDC 11-3A-6, 11-3A-7): Proposed fencing includes six-foot vinyl and four-foot vinyl with two-feet of lattice. Details have been submitted with the landscape plan and are included in Exhibit VI.C. H. Utilities (UDC 11-3A-21): All development is required to be connected to City water and sewer systems; street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances per UDC 11-3A-21. Meridian City Council Meeting Agenda January 15, 2019 – Page 79 of 462 Page 5 V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda January 15, 2019 – Page 80 of 462 Page 6 VI. EXHIBITS A. Approved Volterra North Subdivision (PP-10-004) Meridian City Council Meeting Agenda January 15, 2019 – Page 81 of 462 Page 7 B. Final Plat (date: 11/15/2018) Meridian City Council Meeting Agenda January 15, 2019 – Page 82 of 462 Page 8 C. Landscape Plan (date: 11/7/2018) Meridian City Council Meeting Agenda January 15, 2019 – Page 83 of 462 Page 9 Meridian City Council Meeting Agenda January 15, 2019 – Page 84 of 462 Page 10 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development [AZ-05-040, Development Agreement #106034786; PP-10-004; MDA-10- 009, Development Agreement #111010393]. 2. The applicant shall obtain the City Engineer’s signature on the final plat by October 15, 2020, in accord with UDC 11-6B-7 in order for the preliminary plat to remain valid or a time extension may be requested. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific, stamped on 11/28/18 by Travis P. Foster, included in Exhibit VI.B shall be revised as follows: a. Note #8: Include the recorded instrument number of the restrictive covenants for the subdivision. b. Note #8: Include the approved addendum to the development agreement - 1st Addendum (Inst. 111010393). c. Note #11: Include the recorded instrument number of the ACHD Landscape License Agreement. Meridian City Council Meeting Agenda January 15, 2019 – Page 85 of 462 Page 11 d. Lots 4-7, Block 3 shall be revised to comply with the minimum lot size requirements as defined in UDC 11-2A-5 for the R-4 zoning district. 5. Future homes constructed in this phase shall be consistent with the approved elevations and design guidelines contained in the development agreement. 6. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster Sue Prescott at 887-1620 for more information. 8. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works - General Conditions: Site Specific Conditions: 1. Dead end water mainlines in this phase will create areas that will increase age of water (stagnate) delivered to customers and lower chlorine residual levels making the water more susceptible to contamination. Both dead ends in this phase meet fire flow requirements, but we would prefer to have offsite water built to loop back into the Gondola water main. General Conditions: 2. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 3. 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. 4. 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. 5. 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. 6. 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. 7. 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 Meridian City Council Meeting Agenda January 15, 2019 – Page 86 of 462 Page 12 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. 8. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed 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. 9. 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. 10. 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. 11. 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. 12. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 13. Developer shall coordinate mailbox locations with the Meridian Post Office. 14. All grading of the site shall be performed in conformance with MCC 11-1-4B. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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 Meridian City Council Meeting Agenda January 15, 2019 – Page 87 of 462 Page 13 existing street lighting. 20. 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. 21. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 22. 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. 23. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 24. 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. 25. 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 January 15, 2019 – Page 88 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 D Project File Number: H-2018-0091 Item Title: Findings of Fact, Conclusions of Law for Rockbury Townhomes H-2018-0091 Meeting Notes: By Michael Nigh, Located North of W. Chinden Blvd on the West Side of N. Tree Farm Way u✓ I TEM SHEET C ouncil Agenda I tem - 6.D. Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for Rockbury Townhomes (H-2018-0091) by M ichael Nigh, Located North of W. C hinden B lvd. on the West side of N. T ree F arm Way C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 1/10/2019 E xhibit A E xhibit 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 1/10/2019 - 5:18 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 89 of 462 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Preliminary Plat Consisting of Forty-seven (47) Residential Building Lots and Eight (8) Common Lots on 5.83 Acres of Land in the R-15 Zoning District, by Michael Nigh Case No(s). H-2018-0091 For the City Council Hearing Date of: January 2, 2019 (Findings on January 2, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of November 27, 2018, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of November 27, 2018, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of November 27, 2018, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of November 27, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0091 - 1 - Meridian City Council Meeting Agenda January 15, 2019 – Page 90 of 462 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of November 27, 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 preliminary plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of November 27, 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 November 27, 2018 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0091 - 2 - Meridian City Council Meeting Agenda January 15, 2019 – Page 91 of 462 By action of the City Council at its regular meeting held on the 15 +41 5+41 day of ,janua teff- 20 t q VOTED Ve4 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 MIL,AM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest: 7 C.J Coles City Clerk VOTED VOTED VOTED \e4 VOTED \ VOTED VOTED Weerd a,ucu83r�N o� w� ,:T Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0-tDated:C) City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0091 I�RpCKbury -3 - Exhibit A STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: November 27, 2018 TO: Mayor & City Council FROM: Josh Beach, Associate Planner 208-884-5533 SUBJECT: H-2018-0091 Rockbury Townhomes Subdivision PROPERTY LOCATION: The site is located near the northwest corner of W. Chinden Blvd and N. Tree Farm Way. I. PROJECT DESCRIPTION Preliminary plat (PP) consisting of forty-seven (47) residential buildable lots and eight (8) common lots on 6.23 acres of land in the R-15 zoning district. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 6.23 Future Land Use Designation MDR Medium Density Residential (3-8 DU/Acre) Existing Land Use Vacant Proposed Land Use(s) Attached single-family Current Zoning R-15 Proposed Zoning R-15 Lots (# and type; bldg/common) 47 single-family buildable and 8 common lots Density (gross & net) 5.8 Gross/12.4 Net Open Space 0.66 acres, at 11% Amenities 50X100 grassy area, plaza and water feature Physical Features (waterways, hazards, flood plain, hillside) None History (previous approvals) Annexed in 2006 as Tree Farm Annexation (AZ-06-004), Preliminary Plat in 2017 as Rockbury Subdivision (H-2018- 0018) Page 1 Meridian City Council Meeting Agenda January 15, 2019 – Page 93 of 462 B. Community Metrics Details Page ACHD report (yes/no) • Requires ACHD Commission Action (yes/no) No report as of print deadline Unknown Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) One (1) access to the east (Tree Haven Way), One (1) emergency access to the north (Tree Crest Way) Traffic Level of Service Distance to Fire Station • Fire response time • Resource reliability • Risk identification • Accessibility • • Specialty/resource needs • Water supply Not provided 5 minutes 77% 1 Meets requirements, however no overflow parking is provided. Meets requirement 1000 gallons per minute Distance to Police Station • Police response time • Calls for service • % of calls for service split by priority • Accessibility • Specialty/resource needs • Crimes • Crashes 8 miles 8 minutes 74 calls within 1 mile of the site P3-1.4%, P-2 58.8%, P1-40.5%, P0-1.4% Accessibility is not an issue None 15 10 Page 2 Meridian City Council Meeting Agenda January 15, 2019 – Page 94 of 462 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant/Owner: Michael Nigh 904 Madrid Avenue Torrance, CA 90501 B. Representative: Jon Breckon, Breckon Land Design 6661 N. Glenwood Street Boise, ID 83714 Page 3 Meridian City Council Meeting Agenda January 15, 2019 – Page 95 of 462 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 8, 2018 D. Next door posting: September 25, 2018 E. Neighbor meeting date and number of attendees: June 14, 2018 with 24 residents plus the applicant being present. V. STAFF ANALYSIS This property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (FLUM). The MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units (d.u.) per acre. The applicant proposes to develop the site with 47 single-family residential lots and 8 common lots. The gross density of the proposed plat is 5.8 d.u. per acre with a net density of 12.4 d.u. per acre, which falls within the target density of the MDR designation. The gross density for the subdivision is 5.8 d.u./acre. Staff is of the opinion that the proposed density is appropriate for the area and compatible with adjacent uses and zoning. All adjacent residential uses are zoned R-8, R-4 and R-15, and this project would be consistent not only with the surrounding neighborhoods, but also with the comprehensive plan designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “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) 2. ”Require usable open space to be incorporated into new residential subdivision plats.” (3.07.02A) 3. “Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity.” (3.07.02C) 4. “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) 5. “Provide housing options close to employment and shopping centers.” (3.07.02D) 6. “Encourage infill development.” (3.04.02B) Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 district. The average lot size is 3,527 square feet. All of the proposed lots comply with the dimensional standards of the UDC. Staff has reviewed the proposed plat and found it to be in compliance with the R-15 dimensional standards. Access: Vehicular access is proposed for this site via one access to N. Tree Farm Way to the east and an emergency access to the north (W. Tree Crest Drive). Streets: The applicant is proposing to construct a private street to provide access and circulation within this development. The UDC requires private streets to be constructed within an easement and have a travel lane width of 24’ or 26’ with no allowed parking as determined by the Fire Marshal. The proposed private streets are all internal to the development and are to be constructed as a combination of 25 and 27-foot street sections. The applicant is proposing to share the private street with pedestrians and vehicles. Staff has Page 4 Meridian City Council Meeting Agenda January 15, 2019 – Page 96 of 462 concerns about the shared nature of the roadway and recommends that the applicant provide a 4-foot sidewalk along one side of the private street to accommodate pedestrian travel. Typically private streets are not intended for single-family developments. In this case the applicant had multiple discussions with ACHD and with City staff and determined that a public street for the development would only serve the residents of this subdivision and ACHD determined that there was “No public benefit” in constructing public streets for this project. This determination from ACHD led the applicant to design a private street as part of their project. The applicant has submitted a Private Street application as required by UDC 11-3F-3. With the requirement that a 4-foot sidewalk be constructed on one side of the sidewalk, staff is supportive of the applicants request and has conditioned as such in section VIII. Gates: The applicant is proposing to install a gate to restrict vehicular movement to the private street to those who live within that area of the development. UDC 11-3F-4 allows gates to be installed, subject to the following standards: a. The proposed development shall be for residential uses. b. The proposed development shall have no more than fifty (50) dwelling units. c. The proposed development shall not restrict pedestrian and bicycle access along the private street. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. d. The proposed development shall not restrict access to existing or planned multiuse pathways as shown in chapter 3 of the Meridian pathways master plan. e. The applicant shall provide access to the gate for emergency vehicles as determined and approved by the Meridian fire department and public works department. f. To allow sufficient stacking distance, the gate shall be located a minimum of fifty feet (50') back from the ultimate edge of right of way to the connecting public street. Parking: The widths of the proposed private streets and the layout of the proposed subdivision only allows for limited parking in the subdivision. Per the fire department, the private street shall be marked as “No Parking, Fire Lane”, this severely limits the ability of any guests for the owners. In order to accommodate additional parking within the development, the applicant should provide guest parking within the development but shall maintain the required open space. Sidewalks: Sidewalks are not required along private streets, however the applicant is proposing to construct a 5 foot shared bicycle/pedestrian/drive aisle throughout the development. A detached sidewalk exists along N. Tree Haven Way and W. Tree Crest Drive Fencing: Any existing and proposed fencing for the development shall be included on either a site plan or landscape plan and shall comply with the standards listed in UDC 11-3A-6B and 11-3A-7. Fencing is required adjacent to all common lots. The applicant will need to revise the landscape plan to show the required fencing. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (6.23 acres), a minimum of 0.62 acres of qualified open space are required to be provided as set forth in UDC 11-3A-3B and Comp. Plan policy 3.07.02A. The applicant has proposed 11% open space for the development, or 0.66 acres of land. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (6.23 acres), a minimum of 1 qualified site amenity is required to be provided. The applicant proposes to provide a 50X100 grassy area, a plaza and a water feature as amenities Page 5 Meridian City Council Meeting Agenda January 15, 2019 – Page 97 of 462 for the subdivision. With the number of proposed lots within the development, staff is of the opinion that the applicant should provide a more useable amenity within the central open space area. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Building Elevations: The applicant is proposing to construct single-family detached homes. The applicant has submitted conceptual sample building elevations for future homes in this development, included in section VII. Building materials appear to consist of a mix of variety of wood siding with architectural shingles. Certificate of Zoning Compliance (CZC): The applicant will be required to submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. Administrative Design Review (DES): Any attached single-family homes will be required to receive administrative design review approval prior to obtaining a building permit. Page 6 Meridian City Council Meeting Agenda January 15, 2019 – Page 98 of 462 VI. DECISION Staff finds that the subject preliminary plat exceeds the minimum requirements of the UDC and recommends approval of the proposed preliminary plat application in accord with the Findings in Section IX per the provisions in Section VIII. Commission Recommendation: The Meridian Planning & Zoning Commission heard these items on October 18, 2018. At the public hearing, the Commission moved to recommend approval of the subject preliminary plat request. a. Summary of Commission Public Hearing: i. In favor: Michael Nigh, Pete Rockwell, ii. In opposition: None iii. Commenting: Jane Albert, Susan Karnes, Shelley Lupher 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. Discrepancy between he proposed elevation provided. ii. Why a traffic study was not required. iii. Lack of quality design c. Key Issues of Discussion by Commission: i. Lack of parking ii. Small setbacks between buildings d. Commission Change(s) to Staff Recommendation: i. Add condition 1.1.10 to read as follows “At least ten days prior to the City Council hearing, the applicant shall provide a revised site plan showing ten off-street parking spaces within the development.” e. Outstanding Issue(s) for City Council: i. None City Council Decision: The Meridian City Council heard this item on January 2, 2019. At the public hearing, the Council approved the subject PP request. a. Summary of City Council Public Hearing: i. In favor: Jon Breckon and Michael Nigh ii. In opposition: None iii. Commenting: Denise LaFever, Mark Ghiorso and Joy Jones iv. Written testimony: None v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Open space, amenities and design of the structures proposed for the development. ii. Potential for residents of the proposed development to use amenities and open space in the Spurwing development. iii. Density and additional building setbacks from the street. c. Key Issues of Discussion by Council: i. Design of the townhomes. ii. Amending the Spurwing Greens Master Association Agreement for the purpose of incorporating the proposed development. d. Key Council Changes to Staff/Commission Recommendation i. None Page 7 Meridian City Council Meeting Agenda January 15, 2019 – Page 99 of 462 VII. EXHIBITS 1. Proposed Preliminary Plat (dated: 04/03/2018) Page 8 Meridian City Council Meeting Agenda January 15, 2019 – Page 100 of 462 2. Proposed Landscape Plan (dated: 4/3/2018) Page 9 Meridian City Council Meeting Agenda January 15, 2019 – Page 101 of 462 3. Conceptual Building Elevations Page 10 Meridian City Council Meeting Agenda January 15, 2019 – Page 102 of 462 4. Legal Description and Exhibit Map Page 11 Meridian City Council Meeting Agenda January 15, 2019 – Page 103 of 462 Page 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 104 of 462 Page 13 Meridian City Council Meeting Agenda January 15, 2019 – Page 105 of 462 VIII. CONDITIONS & MITIGATION MEASURES 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Applicant shall meet all terms of the approved development agreement DA Instrument # 2017-089735). 1.1.2 The preliminary plat included in section VII, dated 7/25/2018, shall be revised as follows: a. The applicant shall provide a 4-foot sidewalk along one side of the private streets within the development tin order to provide pedestrian access to the parcels and central open space. b. The proposed development shall provide unrestricted access to pedestrians and bicycles at a minimum of two (2) additional points within the proposed development. c. The applicant shall provide a more useable amenity within the central open space area in accord with UDC 11-3G-3. d. Prior to the Commission hearing the applicant shall provide a revised plan that shows guest parking within the development. The applicant shall maintain compliance with UDC 11-3G-3 in accord with open space requirements. 1.1.3 The landscape plan included in Exhibit A.3, dated 8/9/2018, shall be revised as follows: a. Fencing in compliance with UDC 11-3A-6B and 11-3A-7 shall be located on all common lots. Prior to the Planning and Zoning Commission, the applicant shall revise the landscape plan to show the required fencing. 1.1.4 If there are any existing trees on the site that are to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site shall be noted on the landscape plan submitted with a final plat application. 1.1.5 Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. 1.1.6 The applicant shall submit a certificate of zoning compliance application for the required parking lot. The parking lot will be required to comply with any applicable UDC provisions as part of the approval. 1.1.7 The applicant shall receive administrative design review approval for any attached single-family dwellings prior to obtaining a building permit. 1.1.8 Off-street parking is required on each residential lot in accord with the standards listed in UDC 11-3C-6. Parking is prohibited on all private streets in the development. Per ACHD and the Fire Department, signage should be installed accordingly. 1.1.9 The private streets shall comply with all standards set forth in UDC 11-3F-4. 1.1.10 At least ten days prior to the City Council hearing, the applicant shall provide a revised site plan showing ten off-street parking spaces within the development. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Table 11- 2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Page 14 Meridian City Council Meeting Agenda January 15, 2019 – Page 106 of 462 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A-15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B-7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B-11C. 1.2.9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11- 3B-5, UDC 11-3B-13 and UDC 11-3B-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11-3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11- 5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11-6B-7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS Page 15 Meridian City Council Meeting Agenda January 15, 2019 – Page 107 of 462 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Water service to this development will be from Sueze North America. Sewer service will be from the City of Meridian. 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 sewer mains outside of public right of way. The easement widths shall be 20-feet wide. 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 (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. Page 16 Meridian City Council Meeting Agenda January 15, 2019 – Page 108 of 462 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 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 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. Page 17 Meridian City Council Meeting Agenda January 15, 2019 – Page 109 of 462 3. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=156202&dbid=0 Page 18 Meridian City Council Meeting Agenda January 15, 2019 – Page 110 of 462 IX. FINDINGS 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services can be provided to the subject property upon development. c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. The 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. The Council considered all public testimony presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems. e. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the 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. Page 19 Meridian City Council Meeting Agenda January 15, 2019 – Page 111 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 E Project File Number: H-2018-0122 Item Title: Findings of Fact, Conclusions of Law for TM Crossing Expansion H-2018-0122 Meeting Notes: By SCS Brighton, LLC, Located East of S Ten Mile Rd on the North side of 1-84 I TEM SHEET C ouncil Agenda I tem - 6.E . Presenter: Estimated Time f or P resentation: Title of I tem - F indings of F act, C onclusions of L aw for T M Crossing E xpansion (H-2018- 0122) by S C S Brighton, L L C , L ocated East of S. Ten M ile Rd. on the North side of I-84 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 1/7/2019 E xhibit A E xhibit 1/7/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/7/2019 - 8:03 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 112 of 462 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0122 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.68 Acres of Land with a C-G Zoning District for TM Crossing Expansion, by SCS Brighton, LLC. Case No(s). H-2018-0122 For the City Council Hearing Date of: January 2, 2019 (Findings on January 15, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 2, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 2, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 2, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 2, 2019, 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 January 2, 2019, incorporated by reference. The conditions are concluded to be Meridian City Council Meeting Agenda January 15, 2019 – Page 113 of 462 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0122 - 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 Annexation and Zoning is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of January 2, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the 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 January 2, 2019 Meridian City Council Meeting Agenda January 15, 2019 – Page 114 of 462 By action of the City Council at its regular meeting held on the 2019. COUNCIL PRESIDENT JOE BORTON COUNCIL VICE PRESIDENT LUKE CAVENER COUNCIL MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER TREG BERNT COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Attest: C.J oles City Clerk eerd � 54'1 day of J a n l,la r , VST VOTED *11 VOTED l VOTED VOTED VOTED \/u, VOTED VOTED � c•;�y „t E IDIAN > LU 6 :i) Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: a aAL N Dated: 1 5 — z0A -1 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0122 -3 - T m trot& n q Page 1 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: January 2, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-489-0578 SUBJECT: H-2018-0122 TM Crossing Expansion PROPERTY LOCATION: East of S. Ten Mile Rd. on the north side of I-84, in the SW ¼ of Section 14, T.3N., R.1W. (Parcel #R7192800750) I. PROJECT DESCRIPTION Annexation and zoning of 1.68 acres of land with a C-G zoning district for expansion of the TM Crossing site to allow additional parking to be provided in a future development phase. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage 1.68 Future Land Use Designation Low Density Residential (LDR) Existing Land Use Vacant/undeveloped (pasture) Proposed Land Use(s) NA (floating adjacent Commercial FLUM designation) Current Zoning R1 in Ada County Proposed Zoning C-G Physical Features (waterways, hazards, flood plain, hillside) Purdam Gulch Drain runs along southern boundary of site History (previous approvals) Un-numbered lot in Primrose Sub. designated “public use area” B. Community Metrics Details Page ACHD report (yes/no)  Requires ACHD Commission Action (yes/no) Yes No EXHIBIT A Meridian City Council Meeting Agenda January 15, 2019 – Page 116 of 462 Page 2 Details Page Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Access via the TM Crossing development; emergency access via W. Verbena Dr. (no public street access proposed) Stub Street/Interconnectivity/Cross Access Cross-access with adjacent property to west (i.e. TM Crossing) C. Project Area Maps Future Land Use Map Aerial Map III. APPLICANT INFORMATION A. Applicant: SCS Brighton, LLC – 12601 W. Explorer Dr., #200, Boise, ID 83713 B. Owner: Same as Applicant C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., #200, Boise, ID 83713 IV. NOTICING A. Newspaper notification published on: November 16, 2018 B. Radius notice mailed to properties within 300 feet on: November 13, 2018 C. Applicant posted notice on site on: November 21, 2018 D. Next door posting: November 13, 2018 E. Neighbor meeting date and number of attendees: September 27, 2018; 9 attendees + Applicant Meridian City Council Meeting Agenda January 15, 2019 – Page 117 of 462 Page 3 V. STAFF ANALYSIS The proposed annexation area is within the Area of City Impact boundary and is contiguous to land that has already been annexed into the City. A legal description for the area proposed to be annexed is included in Section VII, Exhibit A. The site consists of land included in the Primrose Subdivision plat designated as a public use area but never developed as such; the site has been being used as a pasture and contains no structures. In 1979, the Meridian City Council vacated the public use area designation on the plat (Ordinance #352). An Affidavit Authorizing Change to Official Plat Record was recorded on September 14, 2018 as Instrument No. 2018-087272, to remove the “public use area” notation on the plat. The Comprehensive Plan Future Land Use Map (FLUM) designation for this site is Low Density Residential (LDR), which allows residential densities of 3 or fewer units per acre. The adjacent property to the west is designated Commercial. Because FLUM designations are approximate and not necessarily parcel specific, the Applicant requests the adjacent Commercial designation be allowed to “float” to this property without an amendment to the FLUM. With this request, Staff recommended the Applicant submit letters of support from abutting affected property owners (i.e. Atwood’s, Hennis’, Plummer’s), which the Applicant has done (see Section VII, Exhibit C). The Applicant submitted two (2) options to these property owners for landscape buffers adjacent to their properties; Option 1, which consists of a 25-foot wide buffer with 6-foot tall fence on the property line consistent with UDC Table 11-2B-3, was chosen by all (see Section VII, Exhibit D). Landscaping within this buffer should be provided with development of the site in accord with the standards listed in UDC 11- 3B-9C. The buffer (or right-of-way along the north boundary) should facilitate pedestrian access from the residential to the abutting commercial development as set forth in UDC 11-3B- 9C.3. Once annexed, the property will be improved as a parking area to serve a future development phase (i.e. professional offices) in the adjacent TM Crossing commercial development to the west; a conceptual development plan is included in Section VII, Exhibit B. The UDC (Table 11-2B-2) allows parking facilities as a principal permitted use in the C-G district; future development must comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district and the parking standards listed in UDC 11-3C-5. A continuous pedestrian walkway that is a minimum 5 feet in width should be provided from the parking lot to the main building entrance in accord with UDC 11-3A-19B.4. There is existing unimproved dedicated right-of-way (ROW), 25-feet wide, adjacent to the north boundary of the site. The Applicant proposes to provide an emergency only access to the TM Crossing site from this ROW via W. Verbena Dr. as contemplated with TM Crossing subdivision. Access is proposed via a driveway from the west from Navigator Dr. within the TM Crossing development; public access via W. Verbena Dr. is not proposed or required at this time. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25- foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north is dedicated, a public street connection may occur at that time. This site is separated from I-84 by a 15’ wide sliver of land, under different ownership, where the Purdam Gulch Drain is located that appears to be a remnant of land leftover when the interstate was widened. The UDC (Table 11-2B-3) requires a 50-foot wide street buffer to be provided on properties adjacent to Interstate 84 landscaped in accord with the standards listed in UDC 11-3B-7C consistent with the Comprehensive Plan (#3.06.02F), which requires appropriate landscaping and buffers along transportation corridors. Although this property doesn’t directly abut I-84, there is not sufficient depth on that property to provide the required buffer and it’s not likely to be improved since it’s not part of a larger parcel. For this reason, staff recommends a minimum 35-foot wide street buffer is provided on this site as a provision of annexation. Additionally, Staff Meridian City Council Meeting Agenda January 15, 2019 – Page 118 of 462 Page 4 recommends the multi-use pathway within the street buffer along I-84 on the adjacent property to the west is extended across this site within the buffer to the east boundary of the site. The City may require a Development Agreement (DA) in conjunction with an annexation and zoning request pursuant to Idaho Code section 67-6511A. In order to ensure compliance with Staff’s recommendation associated with this application, staff recommends a DA is required with the provisions included in Exhibit VIII. Prior to development, an application for Certificate of Zoning Compliance and Administrative design review is required to be submitted for the proposed parking area to ensure compliance with the DA provisions in this report and UDC standards. VI. DECISION A. Staff: Staff recommends approval of the proposed annexation and zoning application per the Findings in Section IX with the requirement of a Development Agreement including the provisions in Section VIII. B. Commission: The Meridian Planning & Zoning Commission heard this item on December 6, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle, Applicant (in agreement with staff report) v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. None d. Commission Change(s) to Staff Recommendation: i. None e. Outstanding Issue(s) for City Council: i. None C. City Council The Meridian City Council heard these items on January 2, 2019. At the public hearing, the Council approved the subject AZ request. a. Summary of City Council Public Hearing: i. In favor: Mike Wardle, Brighton Corp. ii. In opposition: Denise LaFever 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: None c. Key Issues of Discussion by Council: None d. Key Council Changes to Commission Recommendation: None Meridian City Council Meeting Agenda January 15, 2019 – Page 119 of 462 Page 5 VII. EXHIBITS A. Legal Description & Exhibit Map Meridian City Council Meeting Agenda January 15, 2019 – Page 120 of 462 Page 6 Meridian City Council Meeting Agenda January 15, 2019 – Page 121 of 462 Page 7 B: Conceptual Development Plan Meridian City Council Meeting Agenda January 15, 2019 – Page 122 of 462 Page 8 Exhibit C: Support from Abutting Property Owners Meridian City Council Meeting Agenda January 15, 2019 – Page 123 of 462 Page 9 Meridian City Council Meeting Agenda January 15, 2019 – Page 124 of 462 Page 10 Exhibit D: Landscape Buffer to Abutting Residential Properties Meridian City Council Meeting Agenda January 15, 2019 – Page 125 of 462 Page 11 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: 1. Future development of this site shall be generally consistent with the conceptual development plan included in Section VII, Exhibit B and the provisions contained herein. 2. A Certificate of Zoning Compliance and Administrative Design Review application is required to be submitted and approved for the proposed parking lot expansion area prior to construction. The site and landscape plans submitted with those applications shall include the following: a. A 25-foot wide buffer as set forth in UDC Table 11-2B-3, landscaped in accord with the standards listed in UDC 11-3B-9C, shall be provided along the north and east property boundaries of the site with a 6-foot tall privacy fence on these property lines as committed by the Applicant to the property owners of Parcels #R7192800490, #R7192800480 & #R7192800470, as shown in Section VII, Exhibit D. b. A minimum 35-foot wide street buffer with a 10-foot wide multi-use pathway shall be provided along Interstate 84, landscaped in accord with the standards listed in UDC 11-3B-7C. c. If at some point in the future the adjacent homes to the north and east redevelop commercially and the 25-foot wide right-of-way depicted on the Primrose subdivision plat on the adjacent property to the north (Lot 7, Block 3) is dedicated, a public street connection may be required at that time. d. A pedestrian connection shall be provided from the residential neighborhood (i.e. Primrose Subdivision) to the commercial development to the west in accord with UDC 11-3B-9C.3. The location of the pedestrian connection may be within the right-of-way adjacent to the north property boundary. e. A continuous pedestrian walkway that is a minimum 5 feet in width shall be provided from the parking lot to the main building entrance in accord with UDC 11-3A-19B.4. Meridian City Council Meeting Agenda January 15, 2019 – Page 126 of 462 Page 12 B. IDAHO TRANSPORTATION DEPARTMENT (ITD) Meridian City Council Meeting Agenda January 15, 2019 – Page 127 of 462 Page 13 C. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) Meridian City Council Meeting Agenda January 15, 2019 – Page 128 of 462 Page 14 Meridian City Council Meeting Agenda January 15, 2019 – Page 129 of 462 Page 15 D. NAMPA & MERIDIAN IRRIGATION DISTRICT Meridian City Council Meeting Agenda January 15, 2019 – Page 130 of 462 Page 16 Meridian City Council Meeting Agenda January 15, 2019 – Page 131 of 462 Page 17 E. ADA COUNTY HIGHWAY DISTRICT (ACHD) Meridian City Council Meeting Agenda January 15, 2019 – Page 132 of 462 Page 18 Meridian City Council Meeting Agenda January 15, 2019 – Page 133 of 462 Page 19 Meridian City Council Meeting Agenda January 15, 2019 – Page 134 of 462 Page 20 Meridian City Council Meeting Agenda January 15, 2019 – Page 135 of 462 Page 21 Meridian City Council Meeting Agenda January 15, 2019 – Page 136 of 462 Page 22 Meridian City Council Meeting Agenda January 15, 2019 – Page 137 of 462 Page 23 Meridian City Council Meeting Agenda January 15, 2019 – Page 138 of 462 Page 24 IX. FINDINGS 1. ANNEXATION & ZONING (UDC 11-5B-3E) Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant a rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the Comprehensive Plan FLUM designation of Commercial that is being “floated” to this site from the adjacent property to the west. (See section V above for more information.) b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement of the commercial district per UDC 11-2B-1. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment should not be detrimental to the public health, safety, or welfare. The abutting neighbors have submitted letters in support of the proposed map amendment. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. Meridian City Council Meeting Agenda January 15, 2019 – Page 139 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 F Project File Number: H-2018-0076 MDA Item Title: 2nd Amendment Development Agreement Belveal Subdivision Meeting Notes: With TTS Developments, LLC (Owner/Developer) Located at 385 S. Locust Grove Road 9 I TEM SHEET C ouncil Agenda I tem - 6.F. Presenter: S onya Allen Estimated Time f or P resentation: 2-3 Minutes Title of I tem - Second Amendment to Development Agreement for Belveal S ubdivision-M D A- H2018-0076 with T T S Developments L L C (O WNE R/D E V E L O P E R) located at 385 S . L ocust Grove Road, in the NE 1/4 of S ection 18, Township 3 North, Range 1 E ast (Parcel No:S 1118110161) S ec o nd Addend um to the Development Agreement between the C ity of Meridian and T T S Develo p ments , L L C (O W NER /DE VE L O P ER ) fo r Belveal S ub d ivis ion R Z, S HP, MDA-H-2018-0076. T his p ro p erty was annexed in 1999 with the req uirement o f a d evelopment agreement [Wo o d b rid ge AZ-99-020] (parc el B of the annexation area), R es o lutio n #287, DA Inst.#100006603]. A modific ation to the DA as appro ved in 2009 (MD A-09-002, Inst. #109074711 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate 2nd A ddendum Signed D A -B elveal S ub-H-2018-0076 A greements / C ontracts 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 1/10/2019 - 2:53 P M Community Development.A lbertson, Michelle Approved 1/10/2019 - 3:13 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 140 of 462 ADA COUNTY RECORDER Phil McGrane 2019-003689 BOISE IDAHO Pgs=6 LISA BATT 01/16/2019 10'13 AM CITY OF MERIDIAN, IDAHO NO FEE SECOND AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. TTS Developments LLC, Owner/Developer THI GOND AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day of�coation a n ("AMENDMENT"), by and between CITY OF MERIDIAN, a municipthe State of Idaho ("CITY") whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642, and TTS Developments LLC ("OWNER/DEVELOPER"), whose address is 745 N. Ralstin, Meridian, Idaho 83642. RECITALS A. CITY and OWNER/DEVELOPER' S predecessor -in -interest entered into that certain DEVELOPMENT AGREEMENT dated on January 18, 2000 and recorded on January 27, 2000 as Instrument # 100006603 on real property more particularly described in the Agreement, and the First Addendum to Development Agreement dated June 25 2009 as Instrument #109074711. OWNER/DEVELOPER is now requesting certain changes to the Agreement and, following public hearing, which was duly noticed, City agreed to amend the Agreement as set forth in this Amendment. B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to Development Agreement by amending Section 4 "Uses Permitted by this Agreement" by modifying sub -section 4.1 regarding permitted uses and adding a new provision. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPBR shall be bound by the terms of the Development Agreement, except as specifically amended as follows: Section 4 - USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those in the C -C zoning under Citv's Zoning Ordinance codified as Meridian Unified Development Code $11-28-. Section 6 —CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT' PROPERTY. 6.1 .6 Future development of the site shall substantially comply with the conceptual development plan and building elevations attached hereto as Exhibit "A" and Exhibit BELVEAL SUBDIVISION - Me H-���8cil Meeting Agenda January 15, 2019 — Page 141 Vhft I OF 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 2 o f 4 6 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Amendment and made it effective as hereinabove provided. Attest: C.J Coles, ity Cler OWNER/DEVELOPER: TTS Developments LLC An 1-2 CITY OF MERIDIAN By: Mayo am y de Weerd p AUGUST �11911 ('ity of B MAN > W BELVEAL SUBDIVISION - MDA H-2018-0076 PAGE 3 OF 4 STATE OF IDAHO ) 43k, ss. County of ) On this�fl day of of e me, t e undersigned, a Notary Public in and for said State erso al appeared , known or identified to me to be the '� f — of TT Developments LLC, the Idaho limited liability company that executed the within and foregoing instrument, or the person who executed the instrument on behalf of said Idaho limited liability company, and acknowledged to me that such Idaho limited liability company 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. hw'm�- I MOLLY SPENCER COMMISSION NO. 31642 NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: W yv �,U My commission expires: 31 / S" 201q On this day of Jan , before me, a Notary Public, personally appeared Tammy de Weerd an .Jay Coles, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ------------ A--- I (tLENE WAY COMMISSION #67M NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3 ASM bnajLurak)� Notary Public for Idaho Residing at: `M 111U.&.l.&M, JAOJI D Commission expires: 3 - 2$ -2 022 BELVEAL SUBDIVISION - MDA H-2018-0076 PAGE 4 OF 4 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 5 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 6 o f 4 6 2 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 G Project File Number: Item Title: DIGLINE Membership Agreement Meeting Notes: 9 I TEM SHEET C ouncil Agenda I tem - 6.G. Presenter: Estimated Time f or P resentation: Title of I tem - Agreement Between C ity of M eridian and D I G L INE C ouncil Notes: Mayor signature is required at page 1 of the Agreement "P erson A uthorized to E xecute Service C ontract" section. Thank you. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 1/10/2019 Memo from P W Cover Memo 1/14/2019 D I G L I NE Membership A greement A greements / C ontracts 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 1/10/2019 - 5:16 P M F inance.A lbertson, Michelle Approved 1/10/2019 - 6:20 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 147 of 462 Page 1 Memo To: C. Jay Coles, City Clerk, From: Sandra Ramirez, Purchasing Specialist CC: Al Christy; Keith Watts Date: 1/10/2019 Re: January 15 th City Council Meeting Agenda Item The Purchasing Department, on behalf of the Public Works Department, respectfully requests that the following item be placed on the January 15th City Council Consent Agenda for Council’s consideration. Approval of DIGLINE Membership Agreement. This Membership is a secondary account to the City’s existing membership account. Pursuant to Idaho Statute 55- 2201 – 55-2212 the Idaho Underground Facilities Damage Prevention requires the City to locate underground power for City owned streetlights. Recommended Council Action: Approval of DIGLINE Membership Agreement. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 15, 2019 – Page 148 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 4 9 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 5 0 o f 4 6 2 DIGLINE�N.. cI G 910REGULAR MEMBERSHIP AGREEMENT The undersigned hereby applies for membership with Dig Line, Inc. (Digiine). Upon approval of this completed application, the undersigned agrees to be bound by and to comply with Digline's general operating procedures. The party executing this agreement affirms that they have the authority to do so on behalf of the applicant. LEGAL NAME OFa I. COMPANY: C h2y "V "Cll, P� IhI, c� OJOAs Physical Address: 33 E. Arcr,_ cLuaaL Z �(2 Sr �. t Zoo City: mel" •oV��- State: Ib Zip: g 3442- Website: Wi.UU_.,,, OAQv4�C.WC,;�)/,rl� CLASSIFICATION (Chose onlyl) [ ] Communications (phone, CATV, fiber) [ ] Electrical [ ] Gas Distribution [ ] Pipeline (Liquids, Gas, Gathering, Producer) Government (Town, City, Parks, County,State) [ ] Water or Wastewater [ ] Private Entity (Ranch, Farm, etc.) [ ] Very Small System (< 10 miles of plant or <250 cust.) [ ] Sinai System (Master meters, trailer parks, etc.) [ ] Incorporated Non -Profit Association or Group [ ] Business Entity or Corporation [ ] Other Company Representative �� � I _%1, Name: -/y� t L1v�Sy�/ Title:�/uUS�U�'yY`� �. �, �y �yr%r�% Mailing Address: 3 3 i. aar,,,J uuc" Ave, City: ,AQ V�J. Ct State: Zip: Phone: 2(7 IrK- L4 U31S 2 Ext.: Fax: Email: CA(_ ,""Iy t,, vt�Ft O�per,, Oi Billing Contact Information Name: Mailing Address: City: Phone: Ext.: Fax: Person Authorized to Execute Service Contract State: Title: Zip: Email: Name: 7-QMMU U &C l,U eeArcj Title: q�Q jr Mailing Address: �}kQ rngrcUan ) 3' E ejYooacoo j City: W e)ricucu 1 State: TQ Zip: g3 p142- Phone:202_9%-LI ,3�) Ext.: Fax: Email: Signature of Person Authorized to Execute Service Member Contracts: Witness: S G►/ Print Name Dig Line, Inc. Manager: Date Witness: Date: / of Witness FOR OFFICE USE ONLY: Received: Completed: Member Code: Password: Rate Code: DIGTINE rNc.D Ca// Bgou fu" Dq Member Company Information Sheet Please fill in the following information and return this form by mail, fax, or email (Oi?lineldoholA, . We would prefer to receive invoices and statements: [by mait I Uott by mail and electronically, at the email below Fzrelectronicallv- atXltt l, email aidress: 50 S. Cole Rd Boise, lD 83709 (208) 342-rs8s (8(x)) 342-1585 Fax:(2081377-3742 www.digline.com ffi*"* Member Setup Existing Member Information Update Effective Date: I company Name: ar..,,* t,.ra, ",^-t1-{ii]iit1,iffi"'i,^r)r*,,,,^) 9*n Mailing Address: --_-------------Billing Address <u.le xzt (if different) Mrr.)i",- rai <ztqL Counties served Business Hours:*-<ou d: Transmission Type: J,Transmission Destination @mail or FTP address orfax number)hr If you would like lo receive additional copies of locate requests*, please complete thefollowing, Second Transmission Type:Email 'ax*FTP Second Destination @mail or FTP address orfu number)l Second Transmission Options: tr Duplicate all requests !Er".g.n.ies only IEmergencies, Priorities, andZ"d Requests *Addilional charges will applyforlax transmissions andfor additional copies oflocate reqrusls. Contact Information MemberRepresentative: Al (,rlr.lu phone: ?Og,f4.O39L emait: acj,r'gfV2rrrr",J'^;1, @u uooinc und Notifi cation Area Q{*unrRequests lIemait l_lo** !.r. Transmission of Locate Requests ph,"", hDg. +4q . Dl l'l e,^ t, kwattno.rvwi Ltancik-\.Y Additional Roles'. Alternate Representative: Additioml Rolesr.Accounting Mapping and Notification Area Pre-Designs Facility Requests Emergency Locate Contact (Day):Primary Phone: 7q .gt'381L llternate phone Emergency Contact (After Hours)Primary Phone: qg gt<q?Alternate phone: Additional Contact:Phone Email Rolest.Accounting Mapping and Notification Area Facility Requests Additional Contact:Phone:Email Rolest:Accounting tsee foltowing page for Rote descriptions. Mapping and Notification Area Pre-Designs Facility Requests J Al Lt t',*l' At ct ";*J-r Meridian City Council Meeting Agenda January 15, 2019 – Page 152 of 462 DIGLINE Ca// Bgo* fu" D? rNc.t 50 S. Cole Rd Boise, lD 83709 (208) 342-1585 (80o) 342-rs8s Fax:(20{l1377-3742 www.digline.com DIGLINE Contact Roles Member Representative: This required role is the primary point of contact for all DIGLINE correspondence and may authorize changes to company information, personnel, notification area, and transmission preferences. All unassigned roles will default to the Member Representative. Alternate Representative: This required role is the secondary point of contact for all DIGLINE correspondence and may authorize changes to company information, personnel, notification area, and transmission preferences. The Alternate will fill any unassigned roles in the absence of the Member Representative. Emergency Locate Contact: This required role will receive a phone call to confirm receipt of any locate requests issued with Emergency, Priority, or Second Request header codes, which require lines to be located sooner than the standard two business days. See Member Mqnual Appendix B for information on limiting or opting out of this service. Accounting: This optional role is the primary contact for any billing questions, including payment of DIGLINE invoices. If unassigned, this role will default to the Member Representative. Mapping and Notification Area: This optional role is responsible for the accuracy and maintenance of your company's territory information in DIGLINE's database and is the primary contact for any questions regarding this data. Multiple contacts may be assigned this role to make territory maintenance easier. If unassigned, this role will default to the Member Representative. Pre-Designs: This optional role is responsible for responding to information requests on your company's existing underground facilities, primarily from engineering firms, for projects on which no digging is yet taking place. This contact will receive emails of any additional maps associated with Pre- Design tickets. The Pre-Design contact's information can be distributed to requestors if necessary. If unassigned, this role will default to the Member Representative. Facility Requests: This optional role will be contacted directly by requestors regarding information on your company's existing underground facilities. This contact's information will be distributed to requestors, primarily from engineering firms. If unassigned, this role will default to the Member Representative. Meridian City Council Meeting Agenda January 15, 2019 – Page 153 of 462 DIGLINE, INC DIGLINEINC. -0 c41rf3eeom �161f /:219 APPENDIX E TYPES OF WORK TICKET SUPPRESSION General. The Subscriber acknowledges that the Agreement to which this Appendix is attached provides the Subscriber with, among other rights, the right (i) to receive a copy of certain notices of pending excavation received by Digline if the Subscriber has indicated that it has Underground Facilities within the one-quarter (1/4) square grid in which a locate request received by Digline indicates that construction will occur and (ii) to receive from Underground Facility owners accurate information as to locatable underground facilities by surface -marking the location. Waiver. The Subscriber waives receipt of all notification provisions of the Subscriber's agreement with Digline with respect to specific Pre -Selected Types of Work listed on utility location requests submitted to Digline by excavators. The specific Pre -Selected Types of Work are attached and are part of this Addendum. RELEASE and INDEMNITY: The Subscriber herewith releases Digline, its officers, agents, servants and employees from any and all liability, loss, cost or expense whatsoever including, without limitation, all liability for direct, indirect, consequential or other damage to underground facilities owned by the Subscriber as a result of non -notification of Subscriber's underground facilities. CONSIDERATION: The consideration for the waiver, release and indemnity herein set forth includes, without limitation, the reduction in liability for locate fees resulting from the reduction in notifications. The Subscriber herewith acknowledges the receipt and adequacy of the consideration. Dates this ' day of �(QnMY(1 , 20n SU BER: Authorized et DIGLINE, INC.: Authorized Agent Members Manual 02/2017 Page 17 of 20 DIGTINE tNc.I G.//Bgou TouD? woRK wpE TTGKET SUPPRESS|ON (AppENDtX E) Please indicate with an Xwhich work types you want suppressed. You will not receive locate requests from Digline for tickets containing these types of work. 50S-Coh Rd Boise, lD 83709 (2(B) 342-rs8s (8m) 342-ls8s Fa*.12m)377-3742 www.digline.com xY x ADDITION TO BUILDING ADDITION TO HOME ANCHOR(S) TNSTALL AN IMAL ENCLOSURE INSTALLATION BARN/SHOP NEW CONSTRUCTTON BARROW PIT CLEANING BORING FOR UTILITIES INSTALL/REPAIR BUILDING DEMOLITION CANAL CLEANING CATCH BASIN INSTALL CATCH BASIN REPAIR CATHODTC DEVTCE(S) TNSTALL CATTLEGUARD I NSTALVREPAIR CATV LINE/PED INSTALL - PRIVATE CATV LINE/PED INSTALL - PUBLIC R/O/W CATV LINES REPAIR COM MU NICATION TOWER INSTALL CONCRETE PAD(S) INSTALL CONDUIT INSTALLATION coNTAM TNATED SOtL REMOVAL (PR|VATE) coNTAMtNATED SOtL REMOVAL (pUBLtC) CULVERT INSTALL/REPAIR CULVERT REPAIR CULVERT REPLACE CURB&GUTTER&SIDEWALK CURB & GUTTER REPAIR DECK - INSTALLATION/REPAIR DIR BORING FOR JOINT TRENCH UTILITIES DIR BORING FOR UTILITIES DIRECTIONAL OR MECHANICAL BORING FOR: DRAIN CLEANING DRAIN FIELD INSiALL DRAIN FIELD REPAIR/REPLACE DRAIN REPAIR DRAINAGE DITCH EXCAVATION DRY WELL(S) EXCAVAION FENCE INSTALL (PRIVATE) FENCE INSTALL (PUBLIC) FENCE REPAIR/REPLACE (PUBLIC) FENCE REPAIR/REPLACE (PRIVATE) FIBEROPTIC (DIR BORE) INSTALL FTBEROPTTC CABLE (tNSTALL) FIBEROPTIC CABLE REPAIR/REPLACE X Xxx x FIRE ALERT NOTICE FOOTINGS INSTALL NEW FOOTINGS REPAIR/REPLACE FOUNDATION INSTALL/ REPAIR (COMMERCIAL) FOUNDATION INSTALL/ REPAIR (PRIVATE) FRENCH DRAIN INSTALL GARAGE - NEW CONSTRUCTION GAS LEAK ON MAIN/SERVICES GAS LINE EXTENSION GAS LINE INSTALL GAS LINE MAINTENANCE GAS LINE RELOCATE GAS LINE/ SERVICE ABANDON GAS MAIN INSTALL GAS MAIN LOWERING GAS SERVICE LINE REPAIR GAS SERVICE(S) INSTALL GEOTHERMAL LINE INSTALL GEOTHERMAL LINE REPAIR GROUND RODS INSTALL GUARDRAIL(S) INSTALL HYDRANT INSTALL HYDRANT REPAIR/REPLACE IRRIGATION LINE REPAIR IRRIGATION SYS INSTALL (RURAL) JOINT TRENCH OF UTILITIES JOINT TRENCH OF UTILITIES BORING JOINT UTILITY SERVICE TRENCHING LEVELING GROUND MAIL BOX INSTALL MAINLINE REPLACEMENT MANHOLE INSTALL MOVING UTILIW LINE NEW COMMERCIAL CONSTRUCTION NEW HOME CONSTRUCTION PARKING LOT PATIO . NEW CONSTRUCTION PAVTNG (PR|VATE) PAVTNG (PUBLtC RD) PEDESTRIAN RAMP CONSTRUCTION PHONE CABLE INSTALL - PRIVATE PHONE LINE INSTALL - PUBLIC R/O/W PHONE LINE NEW INSTALL x X x/ x x x Members Manual 02t2017 Work WorkSu Page l8 of20 --'1 f- r L L _.1 t- t L_ I Meridian City Council Meeting Agenda January 15, 2019 – Page 155 of 462 Work TypeSuppress DIGTINE 50 S. Cole Rd Boise, lD 83709 (2G) 342-158s (8{n)x2 rsss Fa*,(20fl)377-3742 www.diTline.com INC.D G,// Bgoae fu"D? PHONE LINE REPAIR PHONE LINE W DIR BORE PILINGS INSTALL PLANTING SHRUBS PLANTING TREES POLE GROUNDS POLE(S) & ANCHOR(S) TNSTALL POLE(s) INSTALL POLE(s) REINFORCEMENT POLE(S) REPLACE POND EXCAVATION POST HOLES FOR POWER POLES POTHOLING UTILITIES POWER LINE ABANDON POWER LINE NEW INSTALL POWER LINE REPAIR/REPLACE POWER POLE(S) REPAIR/REPLACE POWER POLES(S) AND ANCHORS(S) PROPANE TANK INSTALL/REMOVE REMODELING BUSINESS REMODELING HOME RETAIN ING WALL (PRIVATE) RETAINING WALL (PU BLIC) ROAD CONSTRUCTION ROAD REPAIR/SINK HOLE SATELLITE DISH INSTALL SEE REMARKS SEPTIC SYSTEM INSTALL (RURAL) SEPTIC SYSTEM REPAIR/REPIACE SERVICES FOR UTILITIES - INSTALL SEWER LrNE TNSTALL (PR|VATE) SEWER LtNE TNSTALL (PUBL|C) SEWER LINE REPAIR/REPLACE (PRIVATE) SEWER LtNE REpAtR/REPLACE (pUBL|C) SEWER MAIN INSTALL SEWER MAIN REPAIR/REPLACE (PUBLIC) SHED - NEW CONSTRUCTION SHRUBS/TREE REMOVAL SIDEWALK REPAIR srGN(s) TNSTALL SOIL REMOVAL NEW CONSTRUCTION SOIL SAMPLE SPLICE PIT SPRINKLER-NEW-PUBLIC SPRINKLER SYSTEM EXTENSION PRIVATE SPRINKLER SYSTEM EXTENSION PUBLIC SPRINKLER SYSTEM REPAIR (PRIVATE) SPRINKLERS - NEW - COMMERCIAL x I SPRINKLERS. NEW. PRIVATE SPRINKLERS . REPAIR/REPLACE - PRIVATE SPRINKLERS - REPAIR/REPLACE . PUBLIC SPRINKLERS/FENCE . NEW. PRIVATE SPRINKLERS/FENCE - NEW - PUBLIC SPRINKLERS/LANDSCAPING . NEW - PRIVATE SPRINKLERS/LANDSCP - REPAIR/REPLACE - PUBLIC SPRINKLERS/LANDSCP . REPAIR/REPLACE - PRIVATE SPRINKLERS/LANDSCP.RPR/RPLC - COMMERCIAL sroRM DRA|N(S) TNSTALL STREET LIGHTS INSTALL sruMP(s)REMOVAL SURVEYING SWIMMING POOL/SPA INSTALL TANK(S) INSTALL TEST HOLES OR PITS TRAFFTC LrGHT(S) TNSTALL TRAMPOLINE INSTALL NEW TREE(S) REMOVAL U/G TANK(S) REMOVAL UNDERGROUND POWER INSTALL UTILITY LINE MAINTS VALVE REPAIR VALVE(S) TNSTALL VALVE(S) REPATR/REPLACE WATER & SEWER LINES WATER AND SEWER LINE INSTALL (PRIVATE) WATER AND SEWER LINE INSTALL (PUBLIC) WATER AND SEWER SVC INSTALL WATER LINE INSTALL (PRIVATE) WATER LrNE TNSTALL (PUBL|C) WATER LINE RELOCATE WATER LINE REPAIR/REPLACE (PRIVATE) WATER LINE REPAIR/REPLACE (PUBLIC) WATER LINE/SERVICE ABANDON WATER MAIN INSTALL WATER M ETER BOX INSTALL/REPAIR/REPLACE WATER METER INSTALL (PRIVATE) WATER METER INSTALL (PUBLIC) WATER METER REPAIR WATER SERVICE INSTALL WATER SERVICE RENEW WATER SERVICE REPAIR WATER SERVICE REPAIR/REPLACE WATER, SEWER & POWER TO NEW HOME WELL DRILLING WELL INSTALLATION YARD EXCAVATION INCLUDING LANDSCAPING Page l9 of20 *.xx x xV x xx Members Manual 0212017 Suppress ; Work Type I -1 L I --__l -- ------------*l r t--- t-- t l-- t---I 1 -1 t Meridian City Council Meeting Agenda January 15, 2019 – Page 156 of 462 DIGtIilE &//B$ote?"Dg rNc.t 5O S. Cole Rd Boise, lD 83709 (208) 342-1 s8s (800) 342-1 585 Far (208) 377-3742 www.digline.com *PUBLIC - Work being done in the Road R/O/W, usually called in by a Member Utility or a Subcontractor for the utility. *PRMTE - Work being done on private property, usually called in by a Property Owner or an Excavator working for a property owner. Members Manual 0212017 Page 20 of 20 Meridian City Council Meeting Agenda January 15, 2019 – Page 157 of 462 City Council Regular Meeting January 8, 2019 Agenda Item Number: 6 H Project File Number: Item Title: Quality Communications for Conduit and Fiber Install Meeting Notes: at Homecourt Approval of Award of Quote and Agreement for a Not -to - Exceed amount of $83,663.48 u✓ APPROVEn I TEM SHEET C ouncil Agenda I tem - 6.H. Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Award of Quote and Agreement to Quality Communications for “C onduit & F iber Install to Homecourt ” for a Not-To-E xceed amount of $83,663.48 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo for R equest of Award Cover Memo 1/11/2019 Contract R equest C hecklist B ackup Material 1/11/2019 S igned Contract A greements / C ontracts 1/11/2019 5130 Budget B ackup Material 1/11/2019 Q uality C ommunications Quote B ackup Material 1/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/11/2019 - 11:14 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 158 of 462 Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Dave Tiede; Keith Watts Date: 1/1/19 Re: January 15 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 15 th City Council Consent Agenda for Council’s consideration. Approval of Award of Quote and Agreement to Quality Communications for “Conduit & Fiber Install to Homecourt ” for a Not-To-Exceed amount of $83,663.48. Recommended Council Action: Award of Quote and Approval of Purchase Order to Quality Communications for the Not-To-Exceed amount of $83,663.48. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 15, 2019 – Page 159 of 462 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: A Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final $83,663 Dave Tiede If yes, has policy been purchased? Contractor - Quality Communications, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 1 5130 94600 10918 TASK ORDER N/A RFP / RFQ BID VII. TASK ORDER SELECTION (Project Manager to Complete) 1/9/2019 Award based on Low Bid Highest Ranked Vendor Selected VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Steve Siddoway 1/9/2019 1/11/ I. PROJECT INFORMATION 1/7/2019 8/1/2019 N/A N/A 2019 1/10/2019 IT Conduit & Fiber Install to Homecourt V. BASIS OF AWARD 12/28/2018 January 4, 2019 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A N/A N/A N/A N/A Goodstanding 11002 5/31/2019 Meridian City Council Meeting Agenda January 15, 2019 – Page 160 of 462 CONTRACT FOR -PUBLIC WORKS CONSTRUCTION CONDUIT & FIBER INSTALL to HOMECOURT PROJECT # 10918.b THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 1 5'�41 day o1 U 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Quality Communications, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 212 Murray Street Garden City, ID 83714 and whose Public Works Contractor License # is C- 11002 . INTRODUCTION Whereas, the City has a need for services involving CONDUIT & FIBER INSTALL to HOMECOURT; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor Conduit & Fiber Install to Homecourt page 1 of 12 Project 10918.b represents and wanants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other wananties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractorshall be compensated on a Not-To-Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $83.663.48. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the Citywill paywithin 30 days of receipt of a conect invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any add itional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, Iodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled byvirtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractordefault in the performance of thisAgreementormaterially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. Conduit & Fiber lnstall to Homecourt Project 10918.b page 2 ot 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 162 of 462 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 lf, through anycause, CONTRACTOR, its officers, employees, oragentsfails to fulfill in a timely and proper manner its obligations underthis Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR underthis Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shal! survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. lndependent Contractor: 5.1 ln all mafters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. Conduit & Fiber lnstall to Homecourt page 3 of 12 Project 10918.b Meridian City Council Meeting Agenda January 15, 2019 – Page 163 of 462 5.3 Contractorshalldetermine the method, details and means of performing the work and services to be provided by Contractor underthis Agreement. Contractor shall be responsible to City only forthe requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. !f in the performance of this Agreement any third persons are employed by Contractor, such persons shal! be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Sub-Contractors: Contractor shall require that all of its sub-contractors be licensed per State of ldaho Statute # 54-1901 7. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. lf, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 8. lndemnification and lnsurance: 8.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain. and soecificallv aqrees that it will maintain. throuqhout the term of this Aqreement. liabilitv insurance. in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occunence and Workers' Compensation lnsurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmlessclw from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contracto/s officers, emptoys, agents, representatives or subcontractors and resulting in or attributable to Conduit & Fiber lnstall to Homecourt Project 10918.b page 4 oi 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 164 of 462 personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide Clry with a Certificate of lnsurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. ln the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of al! insurance shall be submifted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, ldaho 83642. 8.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating of no less than A-. 8.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shal! provide a bond, cash or letter of credit guaranteeiog payment of losses and related investigations, claim administration and defense expenses. 8.4 To the extent of the indemnity in this contract, Contractor's lnsurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance orself-insurance maintiained bythe City orthe City's elected officers, officials, employees and volunteers shall be excess of the Contracto/s insurance and shall not contribute with Contracto/s insurance except as to the extent of City's negligence. 8.5 The Contracto/s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insure/s liability. 8.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 8.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contracto/s agents, representatives, employees or subcontractors. 9. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Conduit & Fiber lnstall to Homecourt Project 10918.b page 5 of 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 165 of 462 10. Bonds: Payment and Performance Bonds are required on al! Public Works lmprovement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of ldaho with a Best's rating of no less than A-. ln the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re-procurement of the contract services. 11. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance perthe ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspectioil'and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 12. Ghanges: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 13. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. ltems purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contracto/s Bid pricing. 14. Meridian StormwaterSpecifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this add ress : http ://www. merid ia n citv.orq/envi ron menta l. aspx? id = 1 36 1 8. Conduit & Fiber lnstall to Homecourt Project'10918.b page 6 of 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 166 of 462 Contractorshallretain allstormwaterand erosion controldocumentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall retum the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T- with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City priorto final acceptance of the pQect. 15. ACHD: Contractor shal! be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contracto/s violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right-of-Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 16. Reports and lnformation: 16.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 16.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 17. Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shal! be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personne!, conditions of employment and other data relating to all matters covered by this Agreement. 18. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have uniestricted authorityto publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. Gonduit & Fiber lnstall to Homecourt pageT ot 12 Project 10918.b Meridian City Council Meeting Agenda January 15, 2019 – Page 167 of 462 19. Equal Employment Opportunity: ln performing the work herein, Contractor agrees to comply with the provisions of Title V! and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, nationa! origin, age, politica! affiliation, marital status, or handicap. ln performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of anyfederal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 20. Employment of Bona Fide ldaho Residents: 21. Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its attomey's orthe opportunityto seek such advice. 22. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys'fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination orforfeiture of this Agreement. 23. ConstructionandSeverability: lf any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 24. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. Conduit & Fiber lnstall to Homecourt Project 10918.b page 8 of 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 168 of 462 25. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all otheragreements or understandings, oral of written, whether previous to the execution hereof or contem poraneous herewith. 26. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 27. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a conect invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 28. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment wi!! not be made if cleanup has not been performed. 29. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 30. Compliance with Laws: ln performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 31. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of ldaho, and the ordinances of the City of Meridian. Conduit & Fiber lnstall to Homecourt Project 10918.b page 9 of 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 169 of 462 32. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Quality Communications, Inc. Purchasing Manager Attn: Kenny Holtz 33 E Broadway Ave 212 Murray Street Meridian, ID 83642 Garden City, ID 83714 208-489-0417 Phone: 208-375-7151 Email: qci@quality-comm.net Idaho Public Works License #C-11002 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 33. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN QUALITY COMMUNICATIONS, INC. TAMMY de R , MAYOR BY: �p A 5 T, : I - 1O 1 �Q Lo C) c-11y„f �Emo* �y ouncil: SEst: ITY CL Purchasing Approval BY: ZJ � �' , k /�� KEITH WAYI'9', Purchasing Manager Dated:_ 1 " 9 - 19 Conduit & Fiber Install to Homecourt Project 10918.b Dated: — 7 Departm nt Approval BY: �Ve _ tobow -J, VAVY 5 A {fes DIaz'uToIe- WARREN STEWART, City Engineer Dated: I /'-t/ 9'o Project Manager Dave Tiede page 10 of 12 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID IT.1912.10918.b ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the lnvitation to Bid Package # lT-1912-10918.b, are by this reference made a part hereof. SPECIFIGATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current version of the ldaho Standards for Public Works Construction (ISPWC), the 2013 City of Meidian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: Plans - Homecourt Facility Fiber Optic Conduit by Civil Survey Consultants, lnc. dated 1011812018 (a pages) Special Provisions by Civil Survey Consultants, lnc. dated 1011812018 1so pases) Conduit & Fiber lnstall to Homecourt Project 10918.b a a page 11 of 12 Meridian City Council Meeting Agenda January 15, 2019 – Page 171 of 462 Exhibit B MILESTONE / PAYMENT SCHEDULE A.Total and complete compensation for this Agreement shall not exceed $83,663.48. Conduit & Fiber lnstall to Homecourt Project 10918.b Milestone 1 Final Completion 45 Days from Notice to Proceed Contract includes furnishing all labor, materials, equipment, and incidentals as required for the CONDUIT & FIBER INSTALL to HOMECOURT lT-1912-10918.8 Total Bid Schedule .....................$83,663.48 NOT TO EXCEED CONTRACT TOTAL. .........$E:T.OGL4O Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Item No.Description Quantity Unit Price L STAGING AREA 1 EA $1500.00 2 STRAW WATTLE 40 LF $400.00 3 INLET PROTECTION 5 EA $600.00 4 TRAFFIC CONTROL 1 LS $7905.00 5 MOBILIZATION 1 LS $3s60.00 6 FIBER OPTIC CONDUIT, 2" HDPE, SDR11 1478 LF $43541.88 7 FIBER OPTIC JUNCTION BOX, H2436-24 H 5 EA $11800.00 8 FIBER OPTIC JUNCTION BOX, S-4sT/ADA WITH RISER 1 EA $1800.00 9 FIBER OPTIC CABLE 5il4 LF $9147.60 10 HOMECOURT FACILITY CONNECTION 1 LS $2040.00 11 MAIN STREET CONNECTION 1 LS $1560.00 page 12o112 MILESTONE DATES/SCHEDULE PRICING SCHEDULE Contract Pricing Schedule Meridian City Council Meeting Agenda January 15, 2019 – Page 172 of 462 d2 ?z4, 5Dozoo E BDu, FI C) To E E B A 3 I I Et o ED e ll. lIi ir EJ(, lr FE)ot, lrtIoI Il =o Eoctlo E sHtfi I 0F E LEGlEND (b srsffi td *irn)GITY OF ilIERTDIAN GONSTRUGTION PLANS FOR HOUEGOURT FAGILITY FIBER OPTIG LIilE PROJEGT IrlO. {O9{8 ocToBER 20{8 ---rc_btu*cd {ffiE?ffi.ffi - -- 4'oFftt$etudhGdoPFS Er&&hdtuh --+-,-@Mh r r l- r xffit.Edh SHEEI INDEX @ M.@-d sh* t_ a. I {4,.{ ru'g o aata A F-{ @@.B 8(}Oo ffiadklff ffidhcdb &dE@It f---= .*rae . W&r I ld*htu AeeM 7-a ryw Nl "*w Planr Are Acccpbd Fa Publlc StcotCqrfiucfon USTICK RD UJJo tlJ Faz a = RD M: @EffiGgxlomEsdu{tEFNwDEEAffihtuffi. eosffi&EffESlUUMtsE ffi UUffT M P.Li ffiN WeremM SITE CAt DrcUI€{ffiMDryAUre !-e.I2-!SEffiU.C@lG l: a - 6 a,aI 5o F t rysruu - r l@r.srM[ Meridian City Council Meeting Agenda January 15, 2019 – Page 173 of 462 EH EE E lr lf, filr iI fi i! !Iir TI iI I I I ! It I Ii I ta,, I I $ I lirl ri ti it ii ri Il t I !I It I ! ; ! !I I t ! I lt I I r a I i T 0 I i! It I I ti ri t! ti t I I II t l I i t tt E I t I i ll Eti IIIt ti El{ II E ItItIt t9|rp- t I I I, I ! I It IIt I, I ! , I i ItI x I It t i It I I I I !o:6I rogt 1rq !cg d o IoIo 3nq I It xfiir * Nco GITY OF T!ilDTAX CIUL ST'BVEY CONSI'LITNTT', INC. oqarurE DEE| raD llxD Eltllw @illmpmmru(rtsa-.rr I HOXICOUET FACILTTY Ftltt oPTlc Llll! 1 I II I I Iq 1 EI I i I i I t !IIi It, II I I T I I i t I I Meridian City Council Meeting Agenda January 15, 2019 – Page 174 of 462 rrt IE ;I w FRr}xt a R(xo Z EEii6r T;:iil sil ffI ,.I eea EEE E!!iqq !iitt! [it saf slraEr 4 Ilffit5tl :;Hi lili Hl t8,Tt {:l ! tli tslt;t T:E 8lt :iI !rduli aIt 8 iiIffli lilllllillii lo, ;t; tee EEE E!silqq ritr Eit lrl flEti ilBI tltt ttig lililg! itilffii iii'iii riii iils !8rr-ilt gtl 85 :Tli il : iit\i 9d !tIr rE r! ft iItII !D e $r sgO'n[9-'ocg o FF' :,E BI! t q/m t ffiillli'litll $ ll$i{ ot lr , Iln I w TAYLOR A\AnU€ qr ffi Eiifqqtii 9:: i*l ir, Iir \ I \ til Jil I 1 f, o> TT IBlr A H a o GITY OF IERIDI iI CryIL SUNYET CONSI'LTANTTI, INC. ooNtt Llrfo tllolxln8 lllD laD errllrora @D!MNMupry({f{rl }IOTECOUiT FAGILITY FIBER OPTIC LIIIE t6!iqq IIi !tt 8 Meridian City Council Meeting Agenda January 15, 2019 – Page 175 of 462 SIRTTT E IIrlir6ts I s&xs@mqruBrrcE aI I, g tl S{ tTH II'[ffiffiffi$fiI IlIIi iii;i i:ili ;ill E rI Idi d E ; E ,3 Biic gi FN EIIt d E aI sB*g&0mBf rc t rcrs9qcB6NecEE iillt ritaE fETE rllE sr 7I}l AVtlrrE .ttrfI $i9> Ef BTJ! cgr t , ;{It I I t I ta 1fi { xI, t B ;Iti II lr Iail I o GITY OF XERIDI iT CryIL STJRVET CONST'LTANTS' INC. Dlgo.u.uEs(Dl..a-stl FIATR OPTIG LII'I t E c dIF N i tI q f }IOTEGOURT FACTLITY Meridian City Council Meeting Agenda January 15, 2019 – Page 176 of 462 EE EE !ri i!'li tiiti t E grxssauqruuFEE { Itr 3 srx5@mmm*@ SI sIH '[/EM'E H ifilliitifii!ili$i$fil 6 E J q i a a- t I E $BWs&uruBerc sqESlfiamdlMBtrc !o) e?d6E>ol IE ${-t a 6ffiilll 6 ti!l lE I, g B *r! Ir !Ioo iT x eo crT"r/ oF xERtDta'l CIWL ST RYEY CONSITLT/UImS, INC. slryDB&l&(a)*{rr HOXEGOUR,T F/IGILITY a E I q i coNsrrLnxc lrcDflttt txD tlxD stttrcna FIEER OPTTG LI]'E Meridian City Council Meeting Agenda January 15, 2019 – Page 177 of 462 Alt'ttcvl lunocSIoH@ -b * tro-llr)milEemrc EOItlStt llvt llr at& rttrnom, 'CM 's&ttIv&10sNOC te f,ns TI^I3 xvtotutf, lo A.ltc frE 8C BE TT<o t I H!!sl I;1EI l;;EEIti5!E8llrIE 1 .cI:o.- b-El!E IE tr.!<E t# s ljnu$ }{rv'r s (M'U lIl(Itr S !ilHl !['EEtrls6E?liiaI e] tI Eli; llrql iEI:E IliEl tl fi!lllliilililli*il ;-41di E l1lt It lt I 2 I At B u6 ;t E2 pB riil Eiiir It'iI ffili EE;Ei su4aru&EE6ilat l,illls lsr 6,_ orou fttorEn s a 2l I) i 9 9 5l et ! I 5 8 i 2 sIuMerFSfrl.s@{EruB9ffCruil rrt.l ctrJo urati I 5 c E i 5 I I Meridian City Council Meeting Agenda January 15, 2019 – Page 178 of 462 I I t I mvo a, 6z -6o2Hfi1; xpegvb!trzs diEs =o0c)n=r2 or ! Fz I I H I T It I I I ! I t I i t @ iE rE,a I B I \ I I I I I I III I I grua ls Ie iE E: I ti ]1firyfii llii!ll zo{mo {:I F h I o@o Egl ti, Tlii'i tffii iiqi;, rl I I E a clt-v oF rlllDlax CNIL SI'NVET CONST.ILTIN?S, INC.@ila@uffi.m.s($.-.rt, lrorlcounr raclLlw FtBEt O"T|C UXE Meridian City Council Meeting Agenda January 15, 2019 – Page 179 of 462 @ d2 vi 2 5p ?zo C) IE RD ?A C) ili ilt - o E]t Lo E(, EJt lt E,ol,Il-oa g I J o l-to IIo lt EROSION AND SEDIMENT CONTROL PLAN CIry OF MERIDIAN HOMECOURT FACILITY FIBER OPTIC LINEt f I E I a a a E a I lRr,.(lx io o TI ! a T FRl,.(.lI ROAO E E a t& 3Et tr E aI F> EiaJ srdrT ts o(PEcTEo I1{AT NO EXCAV ItOil OR S()lL OETUREA,.ICEWIU BE NECESSARY AIONC FMNKUN RqAD. IF IT B€COT'ES NECEitATY lHil COI{TRACIOR SMLL INSTALT CATCH BASII{ IXSERfS IN DOf,NSIREIY INIEIS. silfitst Meridian City Council Meeting Agenda January 15, 2019 – Page 180 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5130 - HomeCourt 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 94600 Capital - Communication Equipment 10918 Homecourt Fiber Optic Conduit 0.00 6,916.73 (6,916.73)0.00% Carr...Carryforward 67,910.04 0.00 67,910.04 100.00% Total Capital Outlay 67,910.04 6,916.73 60,993.31 89.81% TOTAL EXPENDITURES 67,910.04 6,916.73 60,993.31 89.81% Date: 1/11/19 08:22:16 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 181 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 1 8 2 o f 4 6 2 PURCHASING DEPARTMENT 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Phone: (208) 888-4433 x417 Fax: (208) 887-4813 REQUEST FOR QUOTES CONSTRUCTION NO. IT-1912-10918.b CONTRACT SPECIFICATIONS FOR: Conduit & Fiber Install to Homecourt QUOTES MUST BE RECEIVED PRIOR TO 2:30 P.M . DECEMBER 21, 2018 EMAIL TO: David Tiede, Chief Information Office dtiede@meridiancity.org Walk-Through Meeting December 10, 2018 @ 2PM Attendance is strongly encouraged. On-site Corner of Franklin/10th Ave Meridian, ID Prepared by Sandra Ramirez NAME AND ADDRESS OF VENDOR SUBMITTING QUOTE BUSINESS NAME: ADDRESS: . DATE:_____________________________ . . . . IDAHO CONTRACTORS LICENSE NO. . . IDAHO PUBLIC WORKS CONTRACTORS LICENSE NO. . Please submit this page with your bid documents. Meridian City Council Meeting Agenda January 15, 2019 – Page 183 of 462 REQUEST FOR QUOTES CITY OF MERIDIAN Meridian, Idaho 83642 PROJECT # IT-1912-10918.B GENERAL INFORMATION AND INSTRUCTIONS PROJECT DESCRIPTION The City of Meridian is requesting quotes for the construction of Conduit and Fiber installation to Homecourt. MEETING WALK-THROUGH A Conference will be held on the date, time and location listed on the cover of this Invitation to Quote. The purpose of the conference is to allow contractors to familiarize themselves with the location of the project and to review bid requirements. The project designer along with the City’s Project Manager will be on hand to answer questions. Any question requiring clarification of the plans, specifications or bid requirements will be issued to all bidders of record in the form of a written addendum. Failure to attend the meeting shall not be the basis of any subsequent claim or contract modification. DEFINITIONS, TERMS & CONDITIONS AND SPECIFICATIONS Definitions, contract terms and conditions and specifications are included in Exhibit B (Contract for Public Works Construction). FORM CONTRACT Exceptions and Alternatives: The Contract attached to this Request for Quote and, by this reference, made a part hereof, contains the terms and conditions that apply to the performance of this work. If the bidder suggests alternatives or states exceptions to any term or condition in the Agreement, or to any provision of the Request for Quote, such alternative or exception shall be clearly stated and identified in the submitted bid. Any alternative must satisfy all minimum qualifications specified in the IFB. The City expressly reserves the right, in it’s sole discretion, to (1) reject a quote containing any exception or alternatives as non-conforming, or (2) accept any quote alternative or exception and to award a contract based there on if determination to be in the best interest of the City. If no alternative or exceptions are noted, submission of a quote shall be the bidder’s acceptance of the Contract as included in this Request for Quote. The successful bidder will be expected to sign the Contract upon award of the quote. Meridian City Council Meeting Agenda January 15, 2019 – Page 184 of 462 3 of 9 EXAMINATION OF CONTRACT DOCUMENTS Bidders shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the bid, dispute such specifications and the directions explaining or interpreting them. Should a Bidder find discrepancies in, or omissions from, the specifications and/or drawings, or should he/she be in doubt of their meaning, he/she shall at once notify the City of Meridian Purchasing Department through written notification to be received no later than 3 working days prior to bid opening date, noon local time. The notification shall be in written form and will state the exact nature of the clarification sought, describing the location of the specification or clause in the Bid document. Any interpretations by the City will be made in written form. Any change in bid requirements and/or specifications will be done in the form of a written addendum. The receipt of any resulting addendums must be acknowledged in accordance with the directions on the addendum. Oral explanations or instructions given before the award of the contract will not be binding. PUBLIC WORKS CONTRACTOR All contractors bidding on Public Works projects that exceed $50,000 MUST be licensed with the state as a Public Works Contractor at time of bid and MUST submit their Public Works Contractors License number with their bid. SUBCONTRACTORS Contractor must list all sub-contractors engaged for this bid per State of Idaho Statute #67-2310 (Exhibit 1). Contractor shall require that all of its sub-contractors be licensed per State of Idaho Statute # 54-1901. RIGHTS TO PERTINENT MATERIALS All responses, inquiries, and correspondence relating to the Request for Quote and all reports, charts, coverage maps, displays, schedules, exhibits, and other documentation produced by the bidder that are submitted as part of the bid shall become the property of the City after the bid submission deadline. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Quotes are public records and, except as noted below, will be available for inspection and copying by any person. If any Bidder claims any material to be exempt from disclosure under the Idaho Public Records Law, the Bidder will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Bidder, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Bidder upon request after the award of the contract. It is understood, however, Meridian City Council Meeting Agenda January 15, 2019 – Page 185 of 462 4 of 9 that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Bid is subject to potential disclosure. RIGHT OF THE CITY TO REJECT QUOTES The City reserves the right to reject any and all quotes or any part of any quote, to waive minor defects or technicalities, or to solicit new quotes on the same project or on a modified project which may include portions of the originally proposed project as the City may deem necessary. EVALUATION In determining the amount proposed by each Contractor, the City shall disregard the mathematical errors in addition, subtraction, multiplication and division that appear obvious on the face of the quote. When an item price is required to be set forth in the quote and the total for the item set forth separately does not agree with a figure which is derived by multiplying the item price times the City’s estimate of the quantity of work to be performed for said item, the item price shall prevail over the sum set forth as the total for the item unless, in the sole discretion of the City, such a procedure would be inconsistent with the policy of the procedure. The total paid for each such item of work shall be based upon the item price and not the total price. Should the quote contain only a total price for the item and the item price is omitted, the City shall determine the item price by estimated quantities of work to be performed as items of work. If the quote contains neither the item price nor the total price for the item, then it shall be deemed incomplete and the bid shall be non-responsive. SEPARATE CONTRACTS The City of Meridian reserves the right to let separate contracts for portions of the work concurrently with the project. The successful bidder shall work and coordinate with separate contractors and City personnel if required. AWARD The City of Meridian reserves the right to award this contract to the Contractor whose total aggregate quote is lowest, most responsive to the needs of the City. The winning Contractor will be required to enter into a “Contract for Public Work Construction”. SUBMITTAL REQUIREMENTS Quotes shall be emailed to City’s Chief Information Officer, David Tiede at dtiede@meridiancity.org prior to the due date and time stated on the cover of this Request for Quotes. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the quote. All quotes shall be submitted via email and clearly identified on the subject line to read: Meridian City Council Meeting Agenda January 15, 2019 – Page 186 of 462 5 of 9 IT-1912-10918.b Conduit & Fiber Install to Homecourt If required, before award or execution of the contract by the City, the Contractor shall file with the City a surety bond satisfactory to the City in the amounts and for the purpose noted. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in Idaho and secured thorough an authorized agent with an office in Idaho. Contractor shall pay all bond premiums, costs and incidentals. The City reserves the right to waive any informalities or minor irregularities in connection with the bids received. All provisions of the City code are applicable to any quote submitted or contract awarded pursuant thereto. Within thirty (30) days after the receiving the quote, a contract may be awarded by the City to the most responsive bidder, subject to the right of the City to reject all quotes, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate quotes or for such other purposes as the City may determine, unless the bidder objects to such extension in writing with his quote. If awarded the contract, the most responsive bidder agrees to execute and to deliver to the City within seven (7) calendar days after receipt of the City’s Conditional Notice of Award, the applicable Contract or Agreement form, Insurance Certificates and Payment/Performance Bonds (if required). The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. The CONTRACTOR will be responsible for utilizing the City’s current contract management tool for project management correspondence throughout the duration of the project. CONTRACTOR will be required to submit written communication to the City through the contract management tool. This includes but is not limited to the following: Reports, drawings, Requests for information, Request for action by City, General Project Documentation & Communication, Pay applications/Invoices, and Change Orders. The Contractor will be required to register with the City of Meridian Public Works Department for access to the program. There is no charge for use of this system. Meridian City Council Meeting Agenda January 15, 2019 – Page 187 of 462 6 of 9 Required Submittal Documents a) Request for Quotes Cover Page b) Quote Form (pages 6 – 7) c) List of Sub-contractor - Exhibit A (page 8) d) Bid Bond QUOTE FORM CONDUIT & FIBER INSTALL TO HOMECOURT BID NUMBER IT-1912-10918.B Contractor Name: MILESTONE SCHEDULE Milestone 1 Final Completion 45 Days from Notice to Proceed PRICING SCHEDULE Furnish all labor, materials, equipment, and incidentals as required for the above named project, per the attached drawings and specifications included in Exhibit B. ITEM DESCRIPTION QNTY UNIT PRICE EXTENDED PRICE 1 STAGING AREA 1 EA 2 STRAW WATTLE 40 LF 3 INLET PROTECTION 5 EA 4 TRAFFIC CONTROL 1 LS 5 MOBILIZATION 1 LS 6 FIBER OPTIC CONDUIT, 2" HDPE, SDR11 1,478 LF 7 FIBER OPTIC JUNCTION BOX, H2436-24 H 5 EA 8 FIBER OPTIC JUNCTION BOX, S-45T/ADA WITH RISER 1 EA 9 FIBER OPTIC CABLE 5,544 LF 10 HOMECOURT FACILITY CONNECTION 1 LS 11 MAIN STREET CONNECTION 1 LS TOTAL QUOTE AMOUNT $_________________________ THIS QUOTE WILL BE AWARDED ON THE BASE QUOTE TOTAL ONLY. LINE ITEM PRICING WILL BE USED FOR QUOTE TOTAL VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY Total cost to include all labor, material, equipment, freight, bonds, insurance, travel, lodging, incidental, and applicable taxes Certificate of Understanding The undersigned, as bidder, certifies under penalty of perjury that the only persons or parties interested in this quote as principals are those named herein as bidder; that this quote is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the “General Conditions and Instructions to bidders” and the plans, specifications and other documents; that he/she has examined the location of the proposed work and is familiar with the local conditions at the place where the work is to be done; that he/she proposes and agrees if Meridian City Council Meeting Agenda January 15, 2019 – Page 188 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 189 of 462 8 of 9 EXHIBIT A LIST OF SUBCONTRACTORS COMPLETE AND RETURN THIS PAGE WITH BID IF NOT APPLICABLE WRITE N/A AND RETURN WITH QUOTE Requirements As required by Idaho Codes 54-1902 and 67-2310 the general contract is required to supply the following information for mechanical, plumbing and electrical subcontractors: name, address, and Idaho Public Works License number. Failure to provide this information may render any quote submitted unresponsive and void. In the event that the general contractor intends to self-perform the plumbing, HVAC or electrical work, the general contractor must be properly licensed by the state of Idaho to perform such work and shall list themselves in the table below. MECHANICAL SUBCONTRACTOR NAME: Address: Public Works License No.: PLUMBING SUBCONTRACTOR NAME: Address: Public Works License No.: ELECTRICAL SUBCONTRACTOR NAME: Address: Public Works License No.: Conduit & Fiber Install to Homecourt BID NUMBER IT-1912-10918.b 25 N. Hartman Power Plus, Inc. 10947-U-1-4 (16700) (16000)(13850) Boise, ID 83704 N/A N/A N/A N/A Meridian City Council Meeting Agenda January 15, 2019 – Page 190 of 462 9 of 9 EXHIBIT B SCOPE OF WORK All construction work shall be done in accordance with the current version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents:  Plans – Homecourt Facility Fiber Optic Line by Civil Survey dated 10/18/2018 (8 pages)  Special Provisions and/or Technical Specifications by Civil Survey dated 10/18/2018 (56 pages) Meridian City Council Meeting Agenda January 15, 2019 – Page 191 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 61 Project File Number: Item Title: Fire Systems and Security Maintenance and Monitoring Services Meeting Notes: Approval of Award of Request for Quotes and Agreement to Johnson Controls Fire Protection, LP. Not -to -Exceed $114,675.60 M I TEM SHEET C ouncil Agenda I tem - 6.I . Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Award of Request for Quotes and Agreement to J ohnson C ontrols F ire Protection, L P for “Fire S ystems and Security M aintenance and M onitoring” services for a Not-To-E xceed amount of $114,675.60 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 1/10/2019 P urchase Requisition Cover Memo 1/10/2019 Department Budget Reports Cover Memo 1/10/2019 Contract C hecklist Cover Memo 1/10/2019 J ohnson Controls Quote Cover Memo 1/10/2019 S igned Agreement Cover Memo 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 1/10/2019 - 2:05 P M F inance.B aird, Ted Approved 1/10/2019 - 3:06 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 192 of 462 Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Max Jensen; Keith Watts Date: 1/10/2019 Re: January 15 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 15 th City Council Consent Agenda for Council’s consideration. Approval of Award of Request for Quotes and Agreement to Johnson Controls Fire Protection, LP for “Fire Systems and Security Maintenance and Monitoring” services for a Not-To-Exceed amount of $114,675.60. The Not-to-Exceed amount is for a five (5) year agreement. Recommended Council Action: Award of Quote and Agreement to Johnson Controls Fire Protection for the Not-To-Exceed amount of $114,675.60. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 15, 2019 – Page 193 of 462 Z X O m O` m m w - m 0 n ( � CD .� z ' D ° > z „ D m G1 6 ' m X v E). 2: cl) � � � v n v Cn(nC ww-u (rtD (D (D v vl nrl C/) • G (p 0 C7 0 0 0 0 0 C7 C: O Z3:3 :3 73 N z O • td (finN CO n � a (D � • v o D Z D 1 1 1 1 1 1 1 1 • 1 � m CD z m C/) w w w w w w w 9 _ m m X v m m m � D = D � m V � CP � 1 1 1 1 1 1 1 1 Cil N N N N N N- m O • c W W CO . . . . . . • ■ O O ()l 4t, W O Z D c • O = Z e ■ N Ul Ol Ul Ol (I UI (n UI m W W W W W W W W mm N N N N N .N 4N. N N N N N N N N • y 0 0 0 0 0 0 0 0 • m m p In C: D • ■ cn c, 7 • O m ;o 1 1 1 1 1 .-1 1 1 0 0 0 0 0 0 0 0 (O (D CO (D (D (0 CO CO k (O (O CO (D CO (O CO CO C CO (O (O (O (O CO CO (O - (D EA ffl U) N 46� •CD Efl N s� CD 3 00 V � (n .P CJl 00 .JI Q-, h -- \,D 00 J -1O �D • O C:) 0 a) 0 C) < V. m c ZG-, O Frr �a rr C C- 0 H 73 0 9 0 z rt O U) W w M D M m c X m _m r- �J >D v N N Cf N 71 Z) O D �. O0 °0 z D m w p. _ -< 0o m p D0 1 1 1 V w < 00 -Nm W V N ID m D z n O • m ig m v D z Z M x O 1 O m 0 cn ICD -� Z =� D ° �. ig D 73 2 m G) D _0 co w m X n • r 0 o o m = 0 o 0 co ill 0 N Q n C/) v 0 v (D (D n ,C � ' (D N (D= --i = O O (D -0 _ • • (D (D N to Dv N(o(-D D= o Q 4l • N 4 • O rt v 73 O (n 7 W n • v D Q (D Z m CD 7 m D -+ o m z b � �. m U) -U -n m m m D ' m rn rn rn rn rn 0 0 0 0 0 N W W W W W=- . mo C 4�- -N 4�, W M • Co -� W W Cl) Cl) O .N 0-1 0 0 0 0 0 0 0 0 Z c • 0 = Z o � N Ul Ul Ul CSl Ul Ul CSl Ul m W CO Cl) Cl) Cl) W W W o N -N -1-1� -N -N _r�- -N 4N, • mm N N N N N N N N -° A O O O O O O O O m • , • m p C (n G) • U) -I A • O m X i x (m G W CD N � W � �p W O • N- oo �p P 0 0 00 C) O O� O O O O O O O O O O n cn C O n X m z O < U. m c z c: 0 rrrr �u cr. rr G w w m D c M m 0 0 !- �7 D v N N 0 o N 0o Co z D (° Go A _ -< o D w_ � m m W J N (�p m 0 rn 0 n v O • 3 -n (D g m v D z City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1840 - Other Government 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,200.00 0.00 1,200.00 100.00% 0000 NON-DEPARTMENTAL 0.00 0.02 (0.02)0.00% Total OPERATING COSTS 1,200.00 0.02 1,199.98 100.00% TOTAL EXPENDITURES 1,200.00 0.02 1,199.98 100.00% Date: 1/10/19 11:37:30 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 196 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 1850 - City Hall 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 17,627.04 0.00 17,627.04 100.00% 0000 NON-DEPARTMENTAL 0.00 592.95 (592.95)0.00% Total OPERATING COSTS 17,627.04 592.95 17,034.09 96.64% TOTAL EXPENDITURES 17,627.04 592.95 17,034.09 96.64% Date: 1/10/19 11:36:59 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 197 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2110 - Police Admin 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 3,086.04 0.00 3,086.04 100.00% 0000 NON-DEPARTMENTAL 0.00 70.43 (70.43)0.00% Total OPERATING COSTS 3,086.04 70.43 3,015.61 97.72% TOTAL EXPENDITURES 3,086.04 70.43 3,015.61 97.72% Date: 1/10/19 11:27:08 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 198 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2211 - Fire Station #1 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 2,000.04 0.00 2,000.04 100.00% Total OPERATING COSTS 2,000.04 0.00 2,000.04 100.00% TOTAL EXPENDITURES 2,000.04 0.00 2,000.04 100.00% Date: 1/10/19 11:39:32 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 199 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2212 - Fire Station #2 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,800.00 0.00 1,800.00 100.00% 0000 NON-DEPARTMENTAL 0.00 0.02 (0.02)0.00% Total OPERATING COSTS 1,800.00 0.02 1,799.98 100.00% TOTAL EXPENDITURES 1,800.00 0.02 1,799.98 100.00% Date: 1/10/19 11:39:56 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 200 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2213 - Fire Station #3 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,199.04 0.00 1,199.04 100.00% 999 Non Departmental 0.00 137.39 (137.39)0.00% Total OPERATING COSTS 1,199.04 137.39 1,061.65 88.54% TOTAL EXPENDITURES 1,199.04 137.39 1,061.65 88.54% Date: 1/10/19 11:40:20 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 201 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2214 - Fire Station #4 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,199.04 0.00 1,199.04 100.00% 0000 NON-DEPARTMENTAL 0.00 0.02 (0.02)0.00% Total OPERATING COSTS 1,199.04 0.02 1,199.02 100.00% TOTAL EXPENDITURES 1,199.04 0.02 1,199.02 100.00% Date: 1/10/19 11:40:49 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 202 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2215 - Fire Station #5 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,199.04 0.00 1,199.04 100.00% 0000 NON-DEPARTMENTAL 0.00 0.02 (0.02)0.00% Total OPERATING COSTS 1,199.04 0.02 1,199.02 100.00% TOTAL EXPENDITURES 1,199.04 0.02 1,199.02 100.00% Date: 1/10/19 11:41:22 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 203 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 2290 - Fire Safehouse 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 1,790.04 0.00 1,790.04 100.00% 0000 NON-DEPARTMENTAL 0.00 633.69 (633.69)0.00% Total OPERATING COSTS 1,790.04 633.69 1,156.35 64.60% TOTAL EXPENDITURES 1,790.04 633.69 1,156.35 64.60% Date: 1/10/19 11:41:46 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 204 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3400 - Water - Admin 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 53420 Alarm Service/Sprinkler System 1,578.00 0.00 1,578.00 100.00% 0000 NON-DEPARTMENTAL 0.00 63.92 (63.92)0.00% Total OPERATING COSTS 1,578.00 63.92 1,514.08 95.95% TOTAL EXPENDITURES 1,578.00 63.92 1,514.08 95.95% Date: 1/10/19 11:38:11 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 205 of 462 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 53420 Alarm Service/Sprinkler System 3,786.00 0.00 3,786.00 100.00% 0000 NON-DEPARTMENTAL 0.00 584.78 (584.78)0.00% Total OPERATING COSTS 3,786.00 584.78 3,201.22 84.55% TOTAL EXPENDITURES 3,786.00 584.78 3,201.22 84.55% Date: 1/10/19 11:38:37 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 206 of 462 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 5130 - HomeCourt 01 - General Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of OPERATING COSTS 53420 Alarm Service/Sprinkler System 2,600.04 0.00 2,600.04 100.00% 0000 NON-DEPARTMENTAL 0.00 1,677.24 (1,677.24)0.00% Total OPERATING COSTS 2,600.04 1,677.24 922.80 35.49% TOTAL EXPENDITURES 2,600.04 1,677.24 922.80 35.49% Date: 1/10/19 11:42:30 AM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 207 of 462 CONTRACT CHECKLIST Date: REQUESTING DEPARTMENT Project Name: Project Manager: Contract Amount: Contractor/Consultant/Design Engineer: Is this a change order? Yes No Change Order No. Fund: Budget Available ( Purchasing attach report ): Department Yes No Construction GL Account FY Budget: Task Order Project Number: Enhancement: Yes No Professional Service Equipment Will the project cross fiscal years? Yes No Grant Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded) Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach Master Agreement Category (Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved: Typical Award Yes No If no please state circumstances and conclusion: Date Award Posted: 7 day protest period ends: PW License Expiration Date: Corporation Status Insurance Certificates Received (Date): Expiration Date: Rating: A+ Payment and Performance Bonds Received (Date): Rating: Builders Risk Ins. Req'd: Yes No (Only applicabale for projects above $1,000,000) Reason Consultant Selected 1 Performance on past projects Check all that apply Quality of work On Budget On Time Accuracy of Construction Est 2 Qualified Personnel 3 Availability of personnel 4 Local of personnel Description of negotiation process and fee evaluation: Date Submitted to Clerk for Agenda: By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Contract Request Checklist.5.24.2016.Final N/A N/A N/A N/A Current N/A N/A I. PROJECT INFORMATION 8/30/2018 10/1/2019 N/A 2019 1/10/2019 PW Fire Systems and Security Maint. & Monitoring V. BASIS OF AWARD IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION N/A N/A January 10, 2019 N/A VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved Alex Freitag 1/9/2019 VII. TASK ORDER SELECTION (Project Manager to Complete) N/A Award based on Low Bid Highest Ranked Vendor Selected $114,676 Max Jensen If yes, has policy been purchased? Contractor - Johnson Controls III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) Multiple Multiple 53420 10999 TASK ORDER N/A RFP / RFQ BID Meridian City Council Meeting Agenda January 15, 2019 – Page 208 of 462 Johnson '/At Controls City of Meridian 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Dear Sir or Madam: We are enclosing the bid of Johnson Controls Fire Protection LP (herein "Contractor") relative to the above captioned bid solicitation (herein the "specifications") for the fumishing of a Fire Systems and Security Maintenance and Monitoring to City of Meridian. We are submitting this bid subject to our being able to work out a mutually satisfactory definitive agreement as to the parties obligations under the Specifications. Our submission of the bid is based upon the assumption that if we are the successful bidder, then such a mutually satisfactory, definitive agreement between the parties will be entered into. In the event that you are not agreeable to the acceptance ofthis bid pursuant to the conditions set forth above, or, if we are awarded the bid but are unable to negotiate a mutually satisfactory definitive agreement with you, then our bid will be deemed null and void and the same shall be withdrawn from consideration by you without penalty. If you wish to discuss this letter with us prior to making a determination as to our bid, we will be pleased to do so. ley Service Sales Manager Meridian City Council Meeting Agenda January 15, 2019 – Page 209 of 462 REQUEST FOR QUOTES SPECIFICATIONS FOR: Fire S stems and Securit Maintenance and Monito n QUOTES TVUST BE RECETVED PRIOR TO 4:00 N/ NOVEMBER 2 0 2018 DELIVERTo: CITY oF MERIDIAN, PURCHASING DEPARTME T 33 EAST BROADWAY AVE., STE .I06 MERIDIAN, ID 83642 XDIAN MeetingAlValk-Through Attenda nce ls strongly encourag ed. PURCHASIN DEPARTMENT 33 East Broa ay Ave., Ste 106 M ridian, lD 83642 Phone: (20 ) 888-4433 x417 Fa : (208) BB7-4813 NONE Pre ared b ADDRESS: DATE: L)F-i 2r--ol{nl'-r,*l Lbrvt'Q O NAIME AND ADDRESS OFV ENDOR SUBIVITTING QUOTE PeoT€aTto- BUSINESS NAME: il Please submit this page with your bid documents. E IDI\HO NO. PW-1909-10999 Sandra Ramirez Meridian City Council Meeting Agenda January 15, 2019 – Page 210 of 462 City of Meridian Request for Quote PW-1909-10999 Fire systems and security Maintenance and Monitoring PROJECT DESCRIPTION The city of Meridian is requesting quotes for Fire systems and security Maintenance and Monitoring. EXHIBIT A LIST OF SUBCONTRACTORS List the following information below for any/all subcontractors: name, address, and Works License number. Public SUBCONTRACTOR NAME:q lt Address: Public Works License SUBCONTRACTOR NAME N s Address: Pu blic Works License No.: IF NOT WRITE N/AAND QUOTE 1of15 Meridian City Council Meeting Agenda January 15, 2019 – Page 211 of 462 EXHIBIT B SCOPE OF WORK The City of Meridian is Monitoring in accordan lnternational Fire Code requesting quotes for Fire systems and Security Maintenance ce with the latest version of the National Fire protection General Notes: 1. Work Hours work will be performed Monday through Friday g:00 a.m. to s:00 p.m. during business hours and requi representative one week 2. Buildinq Occupancv on and sof the of res escorting. Work must be coordinated with a C itv in advance to schedule escorting Building will be occupied with city staff and the public while work is bei ng work to be performed in a manner that does nol interfere with the da ily operatio and subcontractors. facilities. Audible testing must be scheduled one week in advance for a time ide normal business hours. 3. One Point Vendor Quotes shall be provided by an ldaho public Works I of contact vendor performing and/or coordinating all contact vendor will provide insurance for themselves4. Fire Alarm and lntrusion Monitorinq icensed (Fire Systems) s point services. The single point Must be through dealer for an uL listed central station. Alarm signal initiated by firealarm control panel. Central Station will endeavor to notify the fire department a customer when an alarm or trouble signal is re ceived. This service includes 1-toll-free signaltransmiss Emergency Call List. programming. ion, 24-hour auto dialer test and notification of custom er-p ,rl SYSTEM STANDARD Portable fire shers NFPA 10Carbon dioxide uisher NFPA 12 ishin MSHalon 1301 fire exti NFPA 12A mchemicalextinuishi NFPA 1 7 Wet chemical NFPA 17A Water-based fire tems NFPA 25 Fire alarm and nali MS NFPA 72 Smoke and heat venti NFPA 204Water mist fire n NFPA 750 Clean shin MSfire NFPA 2OO1 This line item will include ail costs associated with re- ie2of t4 Meridian City Council Meeting Agenda January 15, 2019 – Page 212 of 462 5. lnvoicinq and P a enl Contractor shall provide the City with a monthly statement and su pporting invoi the work warrants, of f billing period. The City approved by the City. ees earned and costs incurred for services provided duri s, as the will pay within 30 days of receipt of a correct invoice and 6. Service Term The City of Meridian operates on fiscal years from October l"rthro ugh Septem r 3orh. The first year of the agreemenl will start on the date of execution through Septe ber 3o'h, 2019. Remaini ng agreement period will start October 1 , 2019 and expire September 30,2023 Services are currently being performed by an alternative vendor. Upon executio new agreement, the current vendor will no longer perform the services unless determined to be the lowest responsive bidder. Year one agreement will include limited services that ha by the current vendor. payment for year one,s services. Remaining required services. Required quantity of services remainingo Unit cost for the services of the ve nol been performed/ded will be based on the foll ng: ED, d (Fire em PAYMENT FOR THE SERVICES PROVIDED IN THE FIRST YEAR WILL BE PRORATED AS VARIOUS SERVICES WILL HAVE ALREADY BEEN PERFO The term of the contract is S years. 7. VendorQualifications o Fire ararm testing - must be a minimum of NrcET rever I technician ' Fire sprinkrer/pump/backfrow testing - must be rdaho pubric works ricen Sprinklers). Sapphire Clean-Agent Fire Suppression System _ licensed for lesting s. Portable exlingujshers - licensed for lesting extinguishers. Monitoring - must be through dealer for a UL listed central station Pa€e3of14 Meridian City Council Meeting Agenda January 15, 2019 – Page 213 of 462 EXHIBIT C PREVTOUS ANNUAL tNSpEcTtoN REPORTS (CD) BE INFORMED: lnspections are not available for all locations. Annual lnspection reports will be available for pick up with Request for Quote o o at Meridian City Hall Purchasing Department, 33 E BroadwayAve. Ste. 100 83642. ID 4of 14 Meridian City Council Meeting Agenda January 15, 2019 – Page 214 of 462 EXHIBIT E PRICING SCHEDULE Item I Otv Unlt Annual Cost Yr. I Annual Cost Yr.2 Annual Cost Yr. 3 Annual Cost Yr.4 Annual Cost Yr.5 ,|Fire Alarm Testing 1 EACH TIME Tctu ,Zav SDttD 2 1 EACH TIME t'3.{q _3.olq _ lliq rliq t3rlL{ Volt@, l3tt./ 3 System (Basement and I EACH TIME €'9P.r BqB Bgg 819 4 Portable Extinguishers I EACH TIME I LoB t tn!..tbh I t"r!1 I t2tr B'IB 7b.<v>7?o'ot ?7aoa ?7o-csp51 Oe Total lntrusion (includes cost to r+. - Fire EACH TIME Saqw 6 Fire Alarm Testing 1 EACH TIME l1z.{o It(.5o /92.<n )?t.96 7 Fire Sprinkler/Backflow Testing 1 EACH TIME t?z.so )tZ.<t)/72.qL>I Portable Exlinguishers 1 EACH TIME 63.oo t.3 bs LS L3o cost 1 EACH TIME 'l2o,oo q7o-oo L12O,oO (zo-oo qZo-oo Total ?3to Page 8 of 14 lq?.<^ E7 <,, Meridian City Council Meeting Agenda January 15, 2019 – Page 215 of 462 10 Fire Alarm Testing 1 EACH TIME lEa 2?o o 11 Fire Sprinkler/Backfl ow Testing 1 EACH 12 ram Monitoring - Fire Alarm includes cost to 1 TIME 47o.oo qza-d)qzo,LiZo oo Ll2o"ob Total 6o Blackrock Booster Station 13 Fire Alarm Testing 1 EACH TIME 7l-Z'/o 7c?Zo7 14 Fire Sprinkler/Backflow Testing 1 EACH TIME ? <>a Z 15 Monitoring - lntrusion nnlr lr{ac aac} lnr.vrsvvJ vvo( Lv Alarm & 1 EACH TIME 77o .o o rrO 7w oc n?o-oo frD.aJ Total o 16 Fire Alarm Testing 1 EACH TIME n Z /7o 7?c 17 Fire Sprinkler/Backfl ow Testing 1 EACH TITVE z? o Total Tfoo 18 Fire Alarm Testing 1 EACH TIME 570 I fzt 5fi) 19 Fire Sprinkler/Backfl ow Testing 1 EACH TIME >to €k)97o Total Page 9 of 14 Z7t> 7m,c 3ar> /-o9 Za,2a? I Well#19 7ro 7qo Z7n 77o #22 ?+D 9Vo Well#27 {7or: Meridian City Council Meeting Agenda January 15, 2019 – Page 216 of 462 IU Fire AIarm Testing 1 EACH TIME &2 3bo 8o 21 1Fire Sprinkler/Backfl ow Testing EACH Total Police D Admin Buildin 22 Fire Alarm Testing 1 EACH TIME /b?tl lb b7q /b+ zc Fire Sprinkler/Backfl ow Testing EACH TI[/E !2<35 315 J5'3s5 24 Portable Extinguishers 1 EACH TIME /u t/9nitoring - Fire Alarm & incluCes cost to lvlo lntrusion 1 f lo .oo v7.aD nqc.@ Bo'€'o Total Public Trainin Center 26 Fire Alarm Testing 1 EACH TIME 3 27 Fire Sprinkler/Backfl ow Testing 1 EACH TIME ) )5 1S )>>)J>53' 28 1 EACH TIME 91 5q 5 5 ram M onitoring - Fire Alarm includes cost to 1 EACH TIME oo o ba)oo (p Total (r755 Page 10 of 14 1 EACH TIME +7o-cn Portable Extinguishers Meridian City Council Meeting Agenda January 15, 2019 – Page 217 of 462 Annual Cost An Cost Annual Cost Annual Cost Annual r.Yr.4 Yr. 5 30 Fire Alarm Testing EACH TIME 7oa 31 Fire S prinkler/Backfl ow Testing 1 EACH TIME 3o 32 Portable Extinguishers 1 EACH TIME 33 Itrlonitori ng - Fire Alarm includes cost to 1 EACH TIME Total s0 34 Fire Alarm Testing 1 EACH TIME 35 Fire Sprinkler/Backflow Testing 1 EACH TIME 3o 0y 36 Portable Extinguishers 1 EACH TIME 37 udes cost to Monitoring - Fire Alarm 1 EACH TIME Total ?72 38 Fire Alarm Testing 1 EACH TIME Z Z,b Zou 39 Fire Sprinkler/Backfl ow Testing 1 EACH TIME 34 5o 40 Porta ble Extinguishers 1 EACH TII\4E Jq g"l b.t 41 ram Monitoring - Fire Alarm includes cost to 1 EACH TIME q .c})O.Oi" Page 11 of 14 1 Fire #2 Meridian City Council Meeting Agenda January 15, 2019 – Page 218 of 462 Total c tre arm Testing 1 TII\4E 7o 7av Toto 7c 43 Fire Sprinkler/Backfl ow Testing 1 EACH TIME b io 44 Portable Extinguishers I EACH TIME 5Ll ,,{5 ram Monitoring - Fire Alarm includes cost to re- EACH TIIVE '1 ?o-oo .cd OO Total V?zr Item Location / Descri lon Unit Annual Cost Yr.1 Annual Cost Yr.2 Annual Cost Yr. 3 Annual Cost Yr.4 Annual Cost Yr. 5 46 Fire Alarm Testing 1 EACH TIME Zbv Z"u 47 Fire Sprinkler/Backfl ow Testing 1 EACH TIME <.-a-jc5 5oS 5a>3of 48 Portable Extinguishers 1 EACH TIME ,v 49 ram Monitoring - Fire Alarm includes cost to 1 EACH TIIVE \c D Total Z Fire S Center Fire Alarm Testing EACH TIME Z a 51 Fire Sprinkler/Backflow Testing 1 EACH TIME 7c Z ?a??c, Page 12 of 14 Fire Station #4 45 1 Fire Station 1 Meridian City Council Meeting Agenda January 15, 2019 – Page 219 of 462 52 Portable Extinguishers 1 EACH TIME ) !,1 qU 53 Monitoring - Fire AlarmJ lntrusion EACH includes cost to re-ram L,'a b.. D Total b?o Homecourt 54 Fire Alarm Testing 1 EACH TIME xn2 7.(,o 55 Fire Sprinkler/Backflow Testing 1 EACH TIME ztlb.Q,Z z 56 Portable Extinguishers 1 EACH TIME L7)/@.&/@.x,u() 57 Monitoring - Fire Alarm includes cost to re-1 EACH TI[,1E I '/ Zo tl zo.,go r-l7o.oo 4Zaoo Total $t"qag Service Rates - Maintenance and irs Unit Cost Yr. 1 Cost Yr.2 Cost Yr. 3 Cost Yr.4 Cost Yr. 5 EO iness Hours (Monday- Friday 8:00am-5:00pm, except for observed holida Normal Bus 1 HOUR lI15,"t,?,p Ittl l&1."I 59 Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during City Outside of observed holida 1 HOUR t72.50 ).75.50 178.50 181.50 184.50 Total 5o Total Quote Amount lt3/ THIS QUOTE WTL]. BE AWARDED ON THE TOTAL QUOTE AMOUNT. S ERVICE UNIT COS TS WILL BE UTILIZED F OR MAINTENANCEAND REPAIRS (lF NEEDED). -ihrs ts at 't'ff*a. Page 13 of14 Meridian City Council Meeting Agenda January 15, 2019 – Page 220 of 462 AGREEMENT FOR CONTRACTED SERVICES FIRE SYSTEMS AND SECURITY PROJECT # 10999 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this a day of _January 2019, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and JOHNSON CONTROLS FIRE PROTECTION, hereinafter referred to as "CONTRACTOR", whose business address is 8783 W. Hackmore Dr. Ste. 6 Boise, ID 83709. INTRODUCTION Whereas, the City has a need for services involving Fire Systems and Security Maintenance and Monitoring; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 1 of 37 Project 10999 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 2 of 37 Project 10999 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City’s request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided in Exhibit B “Payment Schedule” attached hereto and by reference made a part hereof for the Not-To-Exceed amount of $114,675.60. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2023 or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. Meridian City Council Meeting Agenda January 15, 2019 – Page 222 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 3 of 37 Project 10999 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City’s option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor’s option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. Meridian City Council Meeting Agenda January 15, 2019 – Page 223 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 4 of 37 Project 10999 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City’s control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 7. Indemnification and Insurance: 7.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it’s elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney’s fees, arising out of, resulting from, or in connection with the performance of thi s Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers’ Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CIT Y; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys’ fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor’s officers, employs, agents, representatives or subcontractors and resulting in or attributable to Meridian City Council Meeting Agenda January 15, 2019 – Page 224 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 5 of 37 Project 10999 personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it’s obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Insurance is to be placed with an Idaho admitted insurer with a Best’s rating of no less than A-. 7.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self -insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.4 To the extent of the indemnity in this contract, Contractor’s Insurance coverage shall be primary insurance regarding the City’s elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City’s elected officers, officials, employees and volunteers shall be excess of the Contractor’s insurance and shall not contribute with Contractor’s insurance except as to the extent of City’s negligence. 7.5 The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 7.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 7.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor’s agents, representatives, employees or subcontractors. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Meridian City Council Meeting Agenda January 15, 2019 – Page 225 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 6 of 37 Project 10999 9. Warranty: All services and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City’s acceptance of the corrected work. 10. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR’S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 11. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor’s Bid pricing. 12. Reports and Information: 12.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR’S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contract s, invoices, Meridian City Council Meeting Agenda January 15, 2019 – Page 226 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 7 of 37 Project 10999 materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreem ent shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure tha t employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 16. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney’s or the opportunity to seek such advice. 17. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to an y other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Meridian City Council Meeting Agenda January 15, 2019 – Page 227 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 8 of 37 Project 10999 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTO R shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 22. Payment Request: Payment requests shall be submitted to City of Meridian through the Ci ty’s project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 23. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 24. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 25. Compliance with Laws: In performing the scope of work required hereun der, CONTRACTOR shall comply Meridian City Council Meeting Agenda January 15, 2019 – Page 228 of 462 with all applicable laws, ordinances, and codes of Federal, State, and local governments. 26. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 27. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian JOHNSON CONTROLS FIRE PROTECTION Purchasing Manager Attn: Colette Shirley 33 E Broadway Ave 8783 W Hackamore Dr. Ste. 6 Meridian, ID 83642 Boise, ID 83709 208-489-0417 Phone: 208-941-2092 Email: Colette.shirley@jci.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: = TAMMYW RD, MAYOR Dated: I— � S- 2 CA 9 Approved by Council: JOHNSON CONTROLS FIRE PROTECTION BY: Dated: JU-n , q ac? a,ucus 190 U (ley of Attest: C� `' `E IDIA LL — /I — . C.JAY OLES, TY CL AyF FIRE SYSTEMS A SECURITY MAINTENANCE AND MONITORI tir EPyJ FR of the'V page 9 of 37 Project 10999 Purchasing Approval ,Pu lvlanager Department ALEX FREITAG, Business BY KE IT /-1- /1 Project Manager lVlax Jensen FIRE SYSTEMS AND SECURIry MAINTENANCE AND MONITORING Project 10999 page 10 of 37 I.)afad' Meridian City Council Meeting Agenda January 15, 2019 – Page 230 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 11 of 37 Project 10999 EXHIBIT A SCOPE OF WORK REFER TO REQUEST FOR QUOTES PW-1909-10999 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Quotes Package # PW-1909-10999, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK The City of Meridian is requesting quotes for Fire Systems and Security Maintenance and Monitoring in accordance with the latest version of the National Fire Protection Association and International Fire Code. SYSTEM STANDARD Portable fire extinguishers NFPA 10 Carbon dioxide extinguisher systems NFPA 12 Halon 1301 fire extinguishing systems NFPA 12A Dry chemical extinguishing system NFPA 17 Wet chemical extinguishing NFPA 17A Water-based fire protection systems NFPA 25 Fire alarm and signaling systems NFPA 72 Smoke and heat venting NFPA 204 Water mist fire protection systems NFPA 750 Clean agent fire extinguishing systems NFPA 2001 General Notes: 1. Work Hours Work will be performed Monday through Friday 8:00 a.m. to 5:00 p.m. during normal business hours and requires escorting. Work must be coordinated with a City representative one week in advance to schedule escorting. 2. Building Occupancy Building will be occupied with City staff and the public while work is being Meridian City Council Meeting Agenda January 15, 2019 – Page 231 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 12 of 37 Project 10999 performed. Work to be performed in a manner that does not interfere with the daily operations of the facilities. Audible testing must be scheduled one week in advance for a time outside of normal business hours. 3. One Point Vendor Quotes shall be provided by an Idaho Public Works licensed (Fire Systems) single point of contact vendor performing and/or coordinating all services. The single point of contact vendor will provide insurance for themselves and subcontractors. 4. Fire Alarm and Intrusion Monitoring Must be through dealer for an UL listed central station. Alarm signal initiated by a fire alarm control panel. Central Station will endeavor to notify the fire department and customer when an alarm or trouble signal is received. This service includes 1- 8OO toll-free signal transmission, 24-hour auto dialer test and notification of customer-provided Emergency Call List. This line item will include all costs associated with re-programming. 5. Invoicing and Payment Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period. The City will pay within 30 days of receipt of a correct invoice and approved by the City. 6. Service Term Year one agreement will include limited services that have not been performed/provided by the current vendor. Payment for year one’s services will be based on the following:  Remaining required services  Required quantity of services remaining  Unit cost for the services PAYMENT FOR THE SERVICES PROVIDED IN THE FIRST YEAR WILL BE PRORATED AS VARIOUS SERVICES WILL HAVE ALREADY BEEN PERFORMED. 7. Vendor Qualifications  Fire alarm testing - must be a minimum of NICET level 1 technician  Fire sprinkler/pump/backflow testing - must be Idaho Public Works licensed (Fire Sprinklers)  Sapphire Clean-Agent Fire Suppression System – licensed for testing system  Portable extinguishers - licensed for testing extinguishers  Monitoring - must be through dealer for a UL listed central station Meridian City Council Meeting Agenda January 15, 2019 – Page 232 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 13 of 37 Project 10999 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $114,675.60. PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING project per REQUEST FOR QUOTE #PW -1909-10999. NOT TO EXCEED CONTRACT TOTAL………………….. $_114,675.60_ Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule – YEAR 1 City Hall Item Location / Description Qty Unit Annual Cost Yr. 1 1 Fire Alarm Testing 1 EACH TIME $3016.00 2 Fire Sprinkler/Pump/Backflow Testing 1 EACH TIME $1344.00 3 Sapphire Clean-Agent Fire Suppression System (Basement and 3rd Floor IT Server Room) 1 EACH TIME $898.00 4 Portable Extinguishers 1 EACH TIME $168.00 5 Monitoring – Fire Alarm & Intrusion (includes cost to re- program) 1 EACH TIME $770.00 Yr. 1 Total $6,196.00 Old City Hall Item Location / Description Qty Unit Annual Cost Yr. 1 6 Fire Alarm Testing 1 EACH TIME $192.50 7 Fire Sprinkler/Backflow Testing 1 EACH TIME $192.50 Meridian City Council Meeting Agenda January 15, 2019 – Page 233 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 14 of 37 Project 10999 8 Portable Extinguishers 1 EACH TIME $63.00 9 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $ 868.00 Water Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 1 10 Fire Alarm Testing 1 EACH TIME $290.00 11 Fire Sprinkler/Backflow Testing 1 EACH TIME $300.00 12 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $1,010.00 Blackrock Booster Station Item Location / Description Qty Unit Annual Cost Yr. 1 13 Fire Alarm Testing 1 EACH TIME $209.00 14 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 15 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 1 Total $1,188.00 Well #19 Item Location / Description Qty Unit Annual Cost Yr. 1 16 Fire Alarm Testing 1 EACH TIME $290.00 17 Fire Sprinkler/Backflow Testing 1 EACH TIME $290.00 Yr. 1 Total $ 580.00 Well #22 Item Location / Description Qty Unit Annual Cost Yr. 1 18 Fire Alarm Testing 1 EACH TIME $570.00 19 Fire Sprinkler/Backflow Testing 1 EACH TIME $570.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 234 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 15 of 37 Project 10999 Yr. 1 Total $1,140.00 Well #27 Treatment Item Location / Description Qty Unit Annual Cost Yr. 1 20 Fire Alarm Testing 1 EACH TIME $380.00 21 Fire Sprinkler/Backflow Testing 1 EACH TIME $380.00 Yr. 1 Total $ 760.00 Police Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 1 22 Fire Alarm Testing 1 EACH TIME $1674.00 23 Fire Sprinkler/Backflow Testing 1 EACH TIME $355.00 24 Portable Extinguishers 1 EACH TIME $115.00 25 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 1 Total $2,914.00 Public Safety Training Center Item Location / Description Qty Unit Annual Cost Yr. 1 26 Fire Alarm Testing 1 EACH TIME $362.00 27 Fire Sprinkler/Backflow Testing 1 EACH TIME $335.00 28 Portable Extinguishers 1 EACH TIME $54.00 29 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 1 Total $1,351.00 Fire Station #1 Item Location / Description Qty Unit Annual Cost Yr. 1 30 Fire Alarm Testing 1 EACH TIME $206.00 31 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 235 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 16 of 37 Project 10999 32 Portable Extinguishers 1 EACH TIME $54.00 33 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 1 Total $1,165.00 Fire Station #2 Item Location / Description Qty Unit Annual Cost Yr. 1 34 Fire Alarm Testing 1 EACH TIME $206.00 35 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 36 Portable Extinguishers 1 EACH TIME $54.00 37 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $ 985.00 Fire Station #3 Item Location / Description Qty Unit Annual Cost Yr. 1 38 Fire Alarm Testing 1 EACH TIME $206.00 39 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 40 Portable Extinguishers 1 EACH TIME $54.00 41 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $ 985.00 Fire Station #4 Item Location / Description Qty Unit Annual Cost Yr. 1 42 Fire Alarm Testing 1 EACH TIME $206.00 43 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 44 Portable Extinguishers 1 EACH TIME $54.00 45 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $ 985.00 Fire Station #5 Meridian City Council Meeting Agenda January 15, 2019 – Page 236 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 17 of 37 Project 10999 Item Location / Description Qty Unit Annual Cost Yr. 1 46 Fire Alarm Testing 1 EACH TIME $206.00 47 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 48 Portable Extinguishers 1 EACH TIME $54.00 49 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $ 985.00 Fire Safety Center Item Location / Description Qty Unit Annual Cost Yr. 1 50 Fire Alarm Testing 1 EACH TIME $209.00 51 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 52 Portable Extinguishers 1 EACH TIME $54.00 53 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $54.00 Yr. 1 Total $ 526.00 Homecourt Item Location / Description Qty Unit Annual Cost Yr. 1 54 Fire Alarm Testing 1 EACH TIME $287.00 55 Fire Sprinkler/Backflow Testing 1 EACH TIME $486.62 56 Portable Extinguishers 1 EACH TIME $100.00 57 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 1 Total $1,293.62 Service Rates - Maintenance and Repairs Qty Unit Cost Yr. 1 58 Normal Business Hours (Monday- Friday 8:00am-5:00pm, except for City observed holidays) 1 HOUR $115.00 59 Outside of Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during 1 HOUR $172.50 Meridian City Council Meeting Agenda January 15, 2019 – Page 237 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 18 of 37 Project 10999 City observed holidays) Yr. 1 Total $ 287.50 Contract Pricing Schedule – YEAR 2 All quantities and services may change dependable on allowable annual budget City Hall Item Location / Description Qty Unit Annual Cost Yr. 2 1 Fire Alarm Testing 1 EACH TIME $3016.00 2 Fire Sprinkler/Pump/Backflow Testing 1 EACH TIME $1344.00 3 Sapphire Clean-Agent Fire Suppression System (Basement and 3rd Floor IT Server Room) 1 EACH TIME $898.00 4 Portable Extinguishers 1 EACH TIME $168.00 5 Monitoring – Fire Alarm & Intrusion (includes cost to re- program) 1 EACH TIME $770.00 Yr. 2 Total $6,196.00 Old City Hall Item Location / Description Qty Unit Annual Cost Yr. 2 6 Fire Alarm Testing 1 EACH TIME $192.50 7 Fire Sprinkler/Backflow Testing 1 EACH TIME $192.50 8 Portable Extinguishers 1 EACH TIME $63.00 9 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $ 868.00 Water Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 2 10 Fire Alarm Testing 1 EACH TIME $290.00 11 Fire Sprinkler/Backflow Testing 1 EACH TIME $300.00 12 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $1,010.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 238 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 19 of 37 Project 10999 Blackrock Booster Station Item Location / Description Qty Unit Annual Cost Yr. 2 13 Fire Alarm Testing 1 EACH TIME $209.00 14 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 15 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 2 Total $1,188.00 Well #19 Item Location / Description Qty Unit Annual Cost Yr. 2 16 Fire Alarm Testing 1 EACH TIME $290.00 17 Fire Sprinkler/Backflow Testing 1 EACH TIME $290.00 Yr. 2 Total $ 580.00 Well #22 Item Location / Description Qty Unit Annual Cost Yr. 2 18 Fire Alarm Testing 1 EACH TIME $570.00 19 Fire Sprinkler/Backflow Testing 1 EACH TIME $570.00 Yr. 2 Total $1,140.00 Well #27 Treatment Item Location / Description Qty Unit Annual Cost Yr. 2 20 Fire Alarm Testing 1 EACH TIME $380.00 21 Fire Sprinkler/Backflow Testing 1 EACH TIME $380.00 Yr. 2 Total $ 760.00 Police Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 2 22 Fire Alarm Testing 1 EACH TIME $1674.00 23 Fire Sprinkler/Backflow Testing 1 EACH $355.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 239 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 20 of 37 Project 10999 TIME 24 Portable Extinguishers 1 EACH TIME $115.00 25 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 2 Total $2,914.00 Public Safety Training Center Item Location / Description Qty Unit Annual Cost Yr. 2 26 Fire Alarm Testing 1 EACH TIME $362.00 27 Fire Sprinkler/Backflow Testing 1 EACH TIME $335.00 28 Portable Extinguishers 1 EACH TIME $54.00 29 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 2 Total $1,351.00 Fire Station #1 Item Location / Description Qty Unit Annual Cost Yr. 2 30 Fire Alarm Testing 1 EACH TIME $206.00 31 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 32 Portable Extinguishers 1 EACH TIME $54.00 33 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 2 Total $1,165.00 Fire Station #2 Item Location / Description Qty Unit Annual Cost Yr. 2 34 Fire Alarm Testing 1 EACH TIME $206.00 35 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 36 Portable Extinguishers 1 EACH TIME $54.00 37 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 240 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 21 of 37 Project 10999 Yr. 2 Total $ 985.00 Fire Station #3 Item Location / Description Qty Unit Annual Cost Yr. 2 38 Fire Alarm Testing 1 EACH TIME $206.00 39 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 40 Portable Extinguishers 1 EACH TIME $54.00 41 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $ 985.00 Fire Station #4 Item Location / Description Qty Unit Annual Cost Yr. 2 42 Fire Alarm Testing 1 EACH TIME $206.00 43 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 44 Portable Extinguishers 1 EACH TIME $54.00 45 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $ 985.00 Fire Station #5 Item Location / Description Qty Unit Annual Cost Yr. 2 46 Fire Alarm Testing 1 EACH TIME $206.00 47 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 48 Portable Extinguishers 1 EACH TIME $54.00 49 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $ 985.00 Fire Safety Center Item Location / Description Qty Unit Annual Cost Yr. 2 50 Fire Alarm Testing 1 EACH TIME $209.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 241 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 22 of 37 Project 10999 51 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 52 Portable Extinguishers 1 EACH TIME $54.00 53 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $54.00 Yr. 2 Total $ 526.00 Homecourt Item Location / Description Qty Unit Annual Cost Yr. 2 54 Fire Alarm Testing 1 EACH TIME $287.00 55 Fire Sprinkler/Backflow Testing 1 EACH TIME $486.62 56 Portable Extinguishers 1 EACH TIME $100.00 57 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 2 Total $1,293.62 Service Rates - Maintenance and Repairs Qty Unit Cost Yr. 2 58 Normal Business Hours (Monday- Friday 8:00am-5:00pm, except for City observed holidays) 1 HOUR $117.00 59 Outside of Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during City observed holidays) 1 HOUR $175.50 Yr. 2 Total $ 292.50 Contract Pricing Schedule – YEAR 3 All quantities and services may change dependable on allowable annual budget City Hall Item Location / Description Qty Unit Annual Cost Yr. 3 1 Fire Alarm Testing 1 EACH TIME $3016.00 2 Fire Sprinkler/Pump/Backflow Testing 1 EACH TIME $1344.00 3 Sapphire Clean-Agent Fire Suppression System (Basement and 3rd Floor IT Server Room) 1 EACH TIME $898.00 4 Portable Extinguishers 1 EACH $168.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 242 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 23 of 37 Project 10999 TIME 5 Monitoring – Fire Alarm & Intrusion (includes cost to re- program) 1 EACH TIME $770.00 Yr. 3 Total $6,196.00 Old City Hall Item Location / Description Qty Unit Annual Cost Yr. 3 6 Fire Alarm Testing 1 EACH TIME $192.50 7 Fire Sprinkler/Backflow Testing 1 EACH TIME $192.50 8 Portable Extinguishers 1 EACH TIME $63.00 9 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $ 868.00 Water Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 3 10 Fire Alarm Testing 1 EACH TIME $290.00 11 Fire Sprinkler/Backflow Testing 1 EACH TIME $300.00 12 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $1,010.00 Blackrock Booster Station Item Location / Description Qty Unit Annual Cost Yr. 3 13 Fire Alarm Testing 1 EACH TIME $209.00 14 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 15 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 3 Total $1,188.00 Well #19 Item Location / Description Qty Unit Annual Cost Yr. 3 Meridian City Council Meeting Agenda January 15, 2019 – Page 243 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 24 of 37 Project 10999 16 Fire Alarm Testing 1 EACH TIME $290.00 17 Fire Sprinkler/Backflow Testing 1 EACH TIME $290.00 Yr. 3 Total $ 580.00 Well #22 Item Location / Description Qty Unit Annual Cost Yr. 3 18 Fire Alarm Testing 1 EACH TIME $570.00 19 Fire Sprinkler/Backflow Testing 1 EACH TIME $570.00 Yr. 3 Total $1,140.00 Well #27 Treatment Item Location / Description Qty Unit Annual Cost Yr. 3 20 Fire Alarm Testing 1 EACH TIME $380.00 21 Fire Sprinkler/Backflow Testing 1 EACH TIME $380.00 Yr. 3 Total $ 760.00 Police Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 3 22 Fire Alarm Testing 1 EACH TIME $1674.00 23 Fire Sprinkler/Backflow Testing 1 EACH TIME $355.00 24 Portable Extinguishers 1 EACH TIME $115.00 25 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 3 Total $2,914.00 Public Safety Training Center Item Location / Description Qty Unit Annual Cost Yr. 3 26 Fire Alarm Testing 1 EACH TIME $362.00 27 Fire Sprinkler/Backflow Testing 1 EACH TIME $335.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 244 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 25 of 37 Project 10999 28 Portable Extinguishers 1 EACH TIME $54.00 29 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 3 Total $1,351.00 Fire Station #1 Item Location / Description Qty Unit Annual Cost Yr. 3 30 Fire Alarm Testing 1 EACH TIME $206.00 31 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 32 Portable Extinguishers 1 EACH TIME $54.00 33 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 3 Total $1,165.00 Fire Station #2 Item Location / Description Qty Unit Annual Cost Yr. 3 34 Fire Alarm Testing 1 EACH TIME $206.00 35 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 36 Portable Extinguishers 1 EACH TIME $54.00 37 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $ 985.00 Fire Station #3 Item Location / Description Qty Unit Annual Cost Yr. 3 38 Fire Alarm Testing 1 EACH TIME $206.00 39 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 40 Portable Extinguishers 1 EACH TIME $54.00 41 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $ 985.00 Fire Station #4 Meridian City Council Meeting Agenda January 15, 2019 – Page 245 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 26 of 37 Project 10999 Item Location / Description Qty Unit Annual Cost Yr. 3 42 Fire Alarm Testing 1 EACH TIME $206.00 43 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 44 Portable Extinguishers 1 EACH TIME $54.00 45 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $ 985.00 Fire Station #5 Item Location / Description Qty Unit Annual Cost Yr. 3 46 Fire Alarm Testing 1 EACH TIME $206.00 47 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 48 Portable Extinguishers 1 EACH TIME $54.00 49 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $ 985.00 Fire Safety Center Item Location / Description Qty Unit Annual Cost Yr. 3 50 Fire Alarm Testing 1 EACH TIME $209.00 51 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 52 Portable Extinguishers 1 EACH TIME $54.00 53 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $54.00 Yr. 3 Total $ 526.00 Homecourt Item Location / Description Qty Unit Annual Cost Yr. 3 54 Fire Alarm Testing 1 EACH TIME $287.00 55 Fire Sprinkler/Backflow Testing 1 EACH TIME $486.62 Meridian City Council Meeting Agenda January 15, 2019 – Page 246 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 27 of 37 Project 10999 56 Portable Extinguishers 1 EACH TIME $100.00 57 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 3 Total $1,293.62 Service Rates - Maintenance and Repairs Qty Unit Cost Yr. 3 58 Normal Business Hours (Monday- Friday 8:00am-5:00pm, except for City observed holidays) 1 HOUR $119.00 59 Outside of Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during City observed holidays) 1 HOUR $178.50 Yr. 3 Total $ 297.50 Contract Pricing Schedule – YEAR 4 All quantities and services may change dependable on allowable annual budget City Hall Item Location / Description Qty Unit Annual Cost Yr. 4 1 Fire Alarm Testing 1 EACH TIME $3016.00 2 Fire Sprinkler/Pump/Backflow Testing 1 EACH TIME $1344.00 3 Sapphire Clean-Agent Fire Suppression System (Basement and 3rd Floor IT Server Room) 1 EACH TIME $898.00 4 Portable Extinguishers 1 EACH TIME $168.00 5 Monitoring – Fire Alarm & Intrusion (includes cost to re- program) 1 EACH TIME $770.00 Yr. 4 Total $6,196.00 Old City Hall Item Location / Description Qty Unit Annual Cost Yr. 4 6 Fire Alarm Testing 1 EACH TIME $192.50 7 Fire Sprinkler/Backflow Testing 1 EACH TIME $192.50 8 Portable Extinguishers 1 EACH TIME $63.00 9 Monitoring – Fire Alarm 1 EACH $420.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 247 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 28 of 37 Project 10999 (includes cost to re-program) TIME Yr. 4 Total $ 868.00 Water Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 4 10 Fire Alarm Testing 1 EACH TIME $290.00 11 Fire Sprinkler/Backflow Testing 1 EACH TIME $300.00 12 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $1,010.00 Blackrock Booster Station Item Location / Description Qty Unit Annual Cost Yr. 4 13 Fire Alarm Testing 1 EACH TIME $209.00 14 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 15 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 4 Total $1,188.00 Well #19 Item Location / Description Qty Unit Annual Cost Yr. 4 16 Fire Alarm Testing 1 EACH TIME $290.00 17 Fire Sprinkler/Backflow Testing 1 EACH TIME $290.00 Yr. 4 Total $ 580.00 Well #22 Item Location / Description Qty Unit Annual Cost Yr. 4 18 Fire Alarm Testing 1 EACH TIME $570.00 19 Fire Sprinkler/Backflow Testing 1 EACH TIME $570.00 Yr. 4 Total $1,140.00 Well #27 Treatment Meridian City Council Meeting Agenda January 15, 2019 – Page 248 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 29 of 37 Project 10999 Item Location / Description Qty Unit Annual Cost Yr. 4 20 Fire Alarm Testing 1 EACH TIME $380.00 21 Fire Sprinkler/Backflow Testing 1 EACH TIME $380.00 Yr. 4 Total $ 760.00 Police Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 4 22 Fire Alarm Testing 1 EACH TIME $1674.00 23 Fire Sprinkler/Backflow Testing 1 EACH TIME $355.00 24 Portable Extinguishers 1 EACH TIME $115.00 25 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 4 Total $2,914.00 Public Safety Training Center Item Location / Description Qty Unit Annual Cost Yr. 4 26 Fire Alarm Testing 1 EACH TIME $362.00 27 Fire Sprinkler/Backflow Testing 1 EACH TIME $335.00 28 Portable Extinguishers 1 EACH TIME $54.00 29 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 4 Total $1,351.00 Fire Station #1 Item Location / Description Qty Unit Annual Cost Yr. 4 30 Fire Alarm Testing 1 EACH TIME $206.00 31 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 32 Portable Extinguishers 1 EACH TIME $54.00 33 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 249 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 30 of 37 Project 10999 Yr. 4 Total $1,165.00 Fire Station #2 Item Location / Description Qty Unit Annual Cost Yr. 4 34 Fire Alarm Testing 1 EACH TIME $206.00 35 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 36 Portable Extinguishers 1 EACH TIME $54.00 37 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $ 985.00 Fire Station #3 Item Location / Description Qty Unit Annual Cost Yr. 4 38 Fire Alarm Testing 1 EACH TIME $206.00 39 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 40 Portable Extinguishers 1 EACH TIME $54.00 41 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $ 985.00 Fire Station #4 Item Location / Description Qty Unit Annual Cost Yr. 4 42 Fire Alarm Testing 1 EACH TIME $206.00 43 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 44 Portable Extinguishers 1 EACH TIME $54.00 45 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $ 985.00 Fire Station #5 Item Location / Description Qty Unit Annual Cost Yr. 4 46 Fire Alarm Testing 1 EACH TIME $206.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 250 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 31 of 37 Project 10999 47 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 48 Portable Extinguishers 1 EACH TIME $54.00 49 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $ 985.00 Fire Safety Center Item Location / Description Qty Unit Annual Cost Yr. 4 50 Fire Alarm Testing 1 EACH TIME $209.00 51 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 52 Portable Extinguishers 1 EACH TIME $54.00 53 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $54.00 Yr. 4 Total $ 526.00 Homecourt Item Location / Description Qty Unit Annual Cost Yr. 1 54 Fire Alarm Testing 1 EACH TIME $287.00 55 Fire Sprinkler/Backflow Testing 1 EACH TIME $486.62 56 Portable Extinguishers 1 EACH TIME $100.00 57 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 4 Total $1,293.62 Service Rates - Maintenance and Repairs Qty Unit Cost Yr. 4 58 Normal Business Hours (Monday- Friday 8:00am-5:00pm, except for City observed holidays) 1 HOUR $121.00 59 Outside of Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during City observed holidays) 1 HOUR $181.50 Yr. 4 Total $ 302.50 Meridian City Council Meeting Agenda January 15, 2019 – Page 251 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 32 of 37 Project 10999 Contract Pricing Schedule – YEAR 5 All quantities and services may change dependable on allowable annual budget City Hall Item Location / Description Qty Unit Annual Cost Yr. 5 1 Fire Alarm Testing 1 EACH TIME $3016.00 2 Fire Sprinkler/Pump/Backflow Testing 1 EACH TIME $1344.00 3 Sapphire Clean-Agent Fire Suppression System (Basement and 3rd Floor IT Server Room) 1 EACH TIME $898.00 4 Portable Extinguishers 1 EACH TIME $168.00 5 Monitoring – Fire Alarm & Intrusion (includes cost to re- program) 1 EACH TIME $770.00 Yr. 5 Total $6,196.00 Old City Hall Item Location / Description Qty Unit Annual Cost Yr. 5 6 Fire Alarm Testing 1 EACH TIME $192.50 7 Fire Sprinkler/Backflow Testing 1 EACH TIME $192.50 8 Portable Extinguishers 1 EACH TIME $63.00 9 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $ 868.00 Water Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 5 10 Fire Alarm Testing 1 EACH TIME $290.00 11 Fire Sprinkler/Backflow Testing 1 EACH TIME $300.00 12 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $1,010.00 Blackrock Booster Station Item Location / Description Qty Unit Annual Cost Meridian City Council Meeting Agenda January 15, 2019 – Page 252 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 33 of 37 Project 10999 Yr. 5 13 Fire Alarm Testing 1 EACH TIME $209.00 14 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 15 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 5 Total $1,188.00 Well #19 Item Location / Description Qty Unit Annual Cost Yr. 5 16 Fire Alarm Testing 1 EACH TIME $290.00 17 Fire Sprinkler/Backflow Testing 1 EACH TIME $290.00 Yr. 5 Total $ 580.00 Well #22 Item Location / Description Qty Unit Annual Cost Yr. 5 18 Fire Alarm Testing 1 EACH TIME $570.00 19 Fire Sprinkler/Backflow Testing 1 EACH TIME $570.00 Yr. 5 Total $1,140.00 Well #27 Treatment Item Location / Description Qty Unit Annual Cost Yr. 5 20 Fire Alarm Testing 1 EACH TIME $380.00 21 Fire Sprinkler/Backflow Testing 1 EACH TIME $380.00 Yr. 5 Total $ 760.00 Police Dept Admin Building Item Location / Description Qty Unit Annual Cost Yr. 5 22 Fire Alarm Testing 1 EACH TIME $1674.00 23 Fire Sprinkler/Backflow Testing 1 EACH TIME $355.00 24 Portable Extinguishers 1 EACH TIME $115.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 253 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 34 of 37 Project 10999 25 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $770.00 Yr. 5 Total $2,914.00 Public Safety Training Center Item Location / Description Qty Unit Annual Cost Yr. 5 26 Fire Alarm Testing 1 EACH TIME $362.00 27 Fire Sprinkler/Backflow Testing 1 EACH TIME $335.00 28 Portable Extinguishers 1 EACH TIME $54.00 29 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 5 Total $1,351.00 Fire Station #1 Item Location / Description Qty Unit Annual Cost Yr. 5 30 Fire Alarm Testing 1 EACH TIME $206.00 31 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 32 Portable Extinguishers 1 EACH TIME $54.00 33 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $600.00 Yr. 5 Total $1,165.00 Fire Station #2 Item Location / Description Qty Unit Annual Cost Yr. 5 34 Fire Alarm Testing 1 EACH TIME $206.00 35 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 36 Portable Extinguishers 1 EACH TIME $54.00 37 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $ 985.00 Fire Station #3 Item Location / Description Qty Unit Annual Cost Meridian City Council Meeting Agenda January 15, 2019 – Page 254 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 35 of 37 Project 10999 Yr. 5 38 Fire Alarm Testing 1 EACH TIME $206.00 39 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 40 Portable Extinguishers 1 EACH TIME $54.00 41 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $ 985.00 Fire Station #4 Item Location / Description Qty Unit Annual Cost Yr. 5 42 Fire Alarm Testing 1 EACH TIME $206.00 43 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 44 Portable Extinguishers 1 EACH TIME $54.00 45 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $ 985.00 Fire Station #5 Item Location / Description Qty Unit Annual Cost Yr. 5 46 Fire Alarm Testing 1 EACH TIME $206.00 47 Fire Sprinkler/Backflow Testing 1 EACH TIME $305.00 48 Portable Extinguishers 1 EACH TIME $54.00 49 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $ 985.00 Fire Safety Center Item Location / Description Qty Unit Annual Cost Yr. 5 50 Fire Alarm Testing 1 EACH TIME $209.00 51 Fire Sprinkler/Backflow Testing 1 EACH TIME $209.00 52 Portable Extinguishers 1 EACH TIME $54.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 255 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 36 of 37 Project 10999 53 Monitoring – Fire Alarm & Intrusion (includes cost to re-program) 1 EACH TIME $54.00 Yr. 5 Total $ 526.00 Homecourt Item Location / Description Qty Unit Annual Cost Yr. 5 54 Fire Alarm Testing 1 EACH TIME $287.00 55 Fire Sprinkler/Backflow Testing 1 EACH TIME $486.62 56 Portable Extinguishers 1 EACH TIME $100.00 57 Monitoring – Fire Alarm (includes cost to re-program) 1 EACH TIME $420.00 Yr. 5 Total $1,293.62 Service Rates - Maintenance and Repairs Qty Unit Cost Yr. 5 58 Normal Business Hours (Monday- Friday 8:00am-5:00pm, except for City observed holidays) 1 HOUR $123.00 59 Outside of Normal Business Hours (Monday- Sunday before 8:00am, after 5:00pm, and during City observed holidays) 1 HOUR $184.50 Yr. 5 Total $ 307.50 Total 5 Year Contract Amount $114,675.60 All quantities and services may change dependable on allowable annual budget Meridian City Council Meeting Agenda January 15, 2019 – Page 256 of 462 FIRE SYSTEMS AND SECURITY MAINTENANCE AND MONITORING page 37 of 37 Project 10999 EXHIBIT C FACILITY INFORMATION (2 Pages) Meridian City Council Meeting Agenda January 15, 2019 – Page 257 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 5 8 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 5 9 o f 4 6 2 EXHIBIT D JOHNSON CONTROLS TERMS & CONDITIONS (2 PAGES – ATTACHED) Meridian City Council Meeting Agenda January 15, 2019 – Page 260 of 462 Johnson Controls 8783 W. Hackamore Drive Suite 6 Boise, lD 83709 Tel +1 208 3762111 www.JohnsonControls.com Johnson Uk' Controls 17. Monitoring Seruices. lf Customer has selected Monitoring Services, the following shall apply to such Services:A Alarm Monitoring Service. Customer agrees and acknowledges that Company's sole and only obligation under this Agreemenl shall be to provide alarm moniloring, notification, and/or Runner Services as set forth in lhis Agreement and to endeavor lo notify the parly(ies) ideniified by Customer on lhe Contacucall List ("Contacts") and/or Local Emergency Dispatch Numbers for responding authorities. Upon receipt of an alarm signal, Company may, at our sole discretion, attempt to notify the Contacts to verify the signal is not false. lf we fail to notify the Contacts or question the response we receive, we will attempt to notify the responding authority. ln the evenl Company receives a supervisory signal or trouble signal, Company shall endeavor to prompfly notify one of the Contatts. Company shall not be responsible for a Contact's or responding authority's refusal to acknowledge/respond to Company's noiificationj of receipt of an alarm signal,nor shall Company be required to make additional notiflcations because of such refusal. The Contacts are authorized to act on Customer's behalf and, if so designated on the Contacucall List, are authorized to cancel an alarm prior to the notification of authorities. Customer understands thal local laws, ordinances orpolicies may restrict Company's ability to provide the alarm monitoring and notiflcation services described in this Agreement and/or necessitate modified oradditional services and related charges to Customer. Customer understands that Company may employ a number-of industry-recognized measures to help reduceoccurrences of false alarm signal activations. These measures may include, but are not limited to, implementation of industry-recognized default settings; implementation of "partial clear time bypass" procedures at our alarm monitoring center and other similar measures at our sole disiretion from time to t]me. THESE MEASURES CAN RESULT IN NO ALARM SIGNAL BEING SENT FROM AN ALARIV ZONE IN CUSTOMER'S PREMISES AFTER THE INITIAL ALARM ACTIVATION UNTIL THE ALARM SYSTEM lS MANUALLY RESET. Upon receiving notification from Company that a fire or gas detection (e.g. carbon monoxide)signal has been received, the responding authority may forcibly enter the premises. Cellular radio unit test supervision, if provided under thii Agreement, provides only the status of the cellular radio unit's current signaling ability at the time of the test communication based on certain piogrammed intervals and does not serve todetect the potential loss of radio service al the time of an actual emergency event. Company shall not be responsible to proiriOe monitoring services under thisAgreement unless and until lhe communication link between Customer's premises and Company's Monitoring Center has been tesled. SUCH SERVICES AREPRovlDEo wlTHoUT WARRANw, EXPRESS oR IMPLIED, INcLUDtNG BUT NoT LTMTTED To ANy tMpLtED WARRANTTES oF MERCHANTAB|Ltw oRFITNESS FOR A PARTICULAR PURPOSE. B Limitation of Liability; Limitations of Remedy. Customer understands that Company offers several levels of Monitoring Services and that the level describedhas been chosen by Customer after consldering and balancing various levels of proteclion afforded and their related costs. lt is understood and agreed byCustomer that Company is not an insurer and that insurance coverage shail be obtained by Customer and that amounts payable to Complny heieunderare based upon the value of the Monitoring Services and the scope of liability set forth in tiris Agreement and are unrelated to the value of Customer.sproperty and the property of others located on the premises. Customer agrees to look exclusively to Customer's insurer lo recover for injuries ordamage in the event of any loss or iniury and that Customer releases and waives all right of recovery against Company arising by way ofsubrogation.Company makes no guaranty or warranty, including any implied warranty of merchantibility or Rtneis ior a particular iurpose ttrat equipment oirServices supplied by Company will detect or avert occurrences or the consequences thereirom that the equipment or Service was deiigned to detect oravert. lt is impractical and extremely difficult to fix the actual damages, if any, which may proximately resuit from failure on the part of Clmpany toperform any of its monitoring obligations under this Agreement. Accordingly, Customeiagrees that bompany shatl be exempt fiom liability foriny loss,damage or injury arising directly or indirectly from occurrences, or the consequences therefrom, which the equipment or Service was designed to detect oI avert. Should Company be found liable for any loss, damage or injury arising irom a failure of the equipment orService in any respect, Company's liability with respect to Monitoring Services ihall be the lesser oithe annualfee for Monitoring Servicis allocable tothe site where the incident occurred or two thousand five hundred ($2,500) dollars. such sum shall be complete and exclusive. lN No EyENT 5HALLCOMPANY BE LIABLE FOR ANY DAMAGE, LOSS, INJURY, OR ANY OTHER CLAIM ARISING FROM ANY SERVICII.IC, ALTERATIONS, MODIFICATIONS,CHANGES, OR MOVEMENTS OF THE COVERED SYSTEM(S), AS HEREINAFTER DEFINED, OR ANY OF ITS COMPONENT PARTS BY CUSTOMER OR ANY THIRD PARTY. COMPANY SHALL NOT BE LIABLE FOR INDIRECT,INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES ARISING FROM THE USE, LOS6 OF THEUSE, PERFORMANCE, OR FAILURE OF THE COVERED SYSTEM(S) TO PERFORM. The lamitations of liability set forth in this Agreement shal inure tothe benefit of all parents, subsidiaries and affiliates of Company, whether direct or indirect, Company'" ".p-loy""=, agents, offLers and directors. C. lndemnity, lnsurance. To the extent of applicable law, customer agrees to indemnify, hold harmless and defend Company against any and all losses, damages,costs, including expert fees and costs, and expenses including reasonable defense cosis, arising from any and all third-party;laims for personal injury, death, - property damage or economic loss, arising in any way from any act or omission of Customer or Companyielating in any way to the Monitoring Servic;s providedunder this Agreement, whether such claims are based upon contract, wananly, tort (including but noi limited to aitive or passive negligence),-strict liabiliiy orotherwise. Company reserves the right to selecl counsel to represent it in any such action. C-ustomer shall name Company, its officers, empioyees, agents,subcontractors, suppliers, and representatives as additional insureds on Cusiomeis general liability and auto liability iolicies. D No modification. Modification to Sections 17 B or c may only be made by a written amendmenl to this Agreement signed by both parties specifically referencingSection 1 7 B and/or C, and no such amendment shall be effective unless approved by the manager of Compiny,s Centril Monitoring Center. E. Customer's Duties. ln addition to Customers duty to indemnify, defend, and hold Company harmless pursuant lo this Section 17: i customer agrees to furnish the names and telephone numbers of all persons authorized lo enter or remain on customer,s premises and/or that shouldbe notified in the event of an alarm (the ContacUCall List) and Local Emergency Dispatch Numbers and provide all changes, ievision and modifications to the above to company in writing in a timely manner. customer must ensurethat all such persons are authorized and able to respond to such notification.ii' customer shall carefully and properly test and set the system immediatety prior to the securing of the premises and carefuily test the system in amanner prescribed byCompany_during the term of this Agreement. Customer agrees thai it is responsible for any losses or damages due to malfunction,miscommunication or failure of custome/s system to accurately handle, procesi or "o.rrnt.i" date data. lf any defect in operation of the System develops, or inthe event of a power failure, intenuption of telephone service, oi other intenuption at custome/s premises of signal or data transmission through any media, system in the manner recommended by Company. iii' when any device or protection is used, including, but not limited to, space proteclion, which may be affected by turbulence of air, occupied airspacechange or other disturbance, forced air heaters, air conditioneri, horns, bells, anirars ani any other sources of air turbulence or movement which may interfere withthe effectiveness of the System during closed periods while the alarm system is on, Customei shall notify Companyiv. Customer shall prompfly reset the System after any activltion. v' customer shall notify company regarding any remodeling or other changes to the protected premises that may affect operation of the system.vi' customer shall cooperate with company in the installation, operation aid/or mainienance oi the system and igrees to follow all instructions andprocedures which may be prescribed.for the operation of the system, the rendering of services and the provision or security io'r ine premises.vii' Customer shall pay all charges made by any telephone or commuriications piovider company or other utility for installation, leasing, and servicecharges of telephone lines connecting customer's premisei to company. customer acknowledges that alarm signals from customers premises to company aretransmitted over custome/s lelephone or other transmission service ani that in the erent tne ie]epnone or otheitransmission service is out of order, disconnected,placed on "vacation," or otherwise interrupted, signals from customer's alarm system will notue receiveo by company, dunng any such interruption in telephone orother transmission service and the interruption will not be known to company. irrior"i ,gi""r ihat in the event the equipment or system continuously lransmits Meridian City Council Meeting Agenda January 15, 2019 – Page 261 of 462 Johnson Controls 8783 W. Hackamore Drive Suite 6 Boise, lD 83709 Tel +1 208 3762111 www. JohnsonControls.com Johnson Uk' Controls signals reasonably determined by Company to be false and/or excessive in number, Cuslomer shall be subject to the additional costs and fees incuned byCompany in the receiving and/or responding to the excessive signals and/or Company may at its sole discretion terminate this Agreement with respect to -trlonitoring seruices upon notice to Customer. F. Communication Facilities. i. Authorization. Customer authorizes Company, on Customer's behalf, to request services, orders or equipment from a telephone company, wireless carrier or other company providing communication facilities, signal transmission services or facilities under this Agreement (referred to as "Communicalion Company"). Should any third-party service, equipment or facility be required to perform the Monitoring Services set forth in ihis Agreement, and should the same beterminated or become otherwise unavailable or impracticable to provide, Company may terminate Monitoring Services upon notice lo Customer.ii. Digital Communicator. Customer understands that a digital communicator (DACT), if installed under this Agreement, uses traditional telephone linesfor sending signals which eliminate the need for a dedicated telephone line and the costs associated with such dedicated lines. iii. Derived Local Channel. The Communication Company's services provided to Customer in connection with lhe SeNices may include Derived LocalChannel service. Such service may be provided under the Communication Company's service marks or service names. These services include providing lines,signal paths' scanning and transmission. Customer agrees that lhe Communication Company's liability is limited to the same extent Company's iiability ii timiteopursuant to this Section 1 7. iV. CUSTOMER UNDERSTANDS THAT COMPANY WILL NOT RECEIVE ALARM SIGNALS WHEN THE TELEPHONE LINE OR OTHER TRANSMISSION MODE IS NOT OPERATING OR HAS BEEN CUT, INTERFERED WITH OR IS OTHERWISE DAMAGED OR IF THE ALARM SYSTEM ISUNABLE TO ACQUIRE, TRANSMIT OR MAINTAIN AN ALARM SIGNAL OVER CUSTOMER'S TELEPHONE SERVICE FOR ANY REASON INCLUDING NETWORK OUTAGE OR OTHER NETWORK PROBLEMS SUCH AS CONGESTION OR DOWNTIME, ROUTING PROBLEMS, OR INSTABILITY OF SIGNAL QUALIW. CUSTOMER UNDERSTANDS THAT OTHER POTENTTAL CAUSES OF SUCH A FATLURE OVER CERTATN TELEpHONE SERVTCES (tNCLUDtNG BUT Nor LlMlrED To soME TYPES oF DSL, ADSL, votp, DtctrAL pHoNE, TNTERNET pRorocoL BASED pHoNE oR orHER TNTERNET iruteRrece-TYPE SERVICE OR RADIO SERVICE, INCLUDING CELLULAR OR PRTVATE RADTO, ETC. ('NON-TRAD|T|ONAL TELEpHONE SERVTCE)) TNCLUOE BUT 4!E loT LIMITED To: (1) LoSS oF NoRMAL ELECTRIC PowER To CUSToMER'S PREMTSES (THE BATTERy BAcK-Up FoR THE AL^RM PANELDOES NOT POWER TELEPHONE SERVICE); AND (2) ELECTRONICS FAILURES SUCH AS A MODEM MALFUNcTIoN. GUSToMER UNDERSTANDS THATCOMPANY WILL ONLY REVIEW THE INITIAL COMPATIBILITY OF CUSTOMER'S ALARM SYSTEM wlTH NON.TRADITIONAL TELEPHONE SERVICE ATTHE TIME OF INITIAL CONNECTION TO COMPANY'S MONITORING CENTER AND THAT CHANGES IN CUSTOMER'S TELEPHONE SERVICE'S DATAFORMAT AFTER THE INITIAL REVIEW OF COMPATIBILIry COULD MAKE CUSTOMER'S TELEPHONE SERVICE UNABLE TO TRANSMIT ALARMSIGNALS TO COMPANY'S MONITORING CENTERS. IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT IT IS COMPATIBLE, COMPANY WILLPERMIT CUSTOMER TO USE NONTRADITIONAL TELEPHONE SERVICE AS THE SOLE METHOD OF TRANSMITTING ALARM SIGNALS, ALTHOUGHCUSTOMER UNDERSTANDS THAT COMPANY RECOMMENDS THE USE OF AN AODITIONAL BACK.UP METHOD OF COMMUNICATION TO CONNECTCUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER REGARDLESS OF THE TYPE OF TELEPHONE SERVICE USED. CUSTOMER ALSOUNDERSTANDS THAT IF COMPANY DETERMINES IN ITS SOLE DISCRETION THAT CUSTOMER'S NON.TRADITIONAL TELEPHONE SERVICE IS ORLATER BECOMES NON-COMPATIBLE, OR IF CUSTOMER CHANGES TO ANOTHER NON.TRADITIONAL TELEPHONE SERVICE THAT IS NOTCOMPATIBLE, THEN COMPANY REQUIRES THAT CUSTOMER USE AN ALTERNATE METHOD OF COMMUNICATION ACCEPTABLE TO COMPANY ASTHE PRIMARY METHOD TO CONNECT CUSTOMER'S ALARM SYSTEM TO THE MONITORING CENTER. CUSTOMER UNDERSTANDS THATTRANSMISSION OF FIRE ALARM SIGNALS BY MEANS OTHER THAN A TRADITIONAL TELEPHONE LINE MAY NOT BE IN COMPLIANCE WITH FIREALARM STANDARDS OR SOME LOCAL FIRE CODES, AND THAT IT IS CUSTOMER'S OBLIGATION TO COMPLY WITH SUCH STANDARDS AND CODES.CUSTOMER ALSO UNDERSTANDS THAT IF THE ALARM SYSTEM HAS A LINE CUT FEATURE, IT MAY NOT BE ABLE TO DETECT IF A NON-TRADITIONAL TELEPHONE SERVICE LINE IS CUT OR INTERRUPTED, ANO THAT COMPANY MAY NOT BE ABLE TO PROVIDE CERTAIN AUXILIARYMONITORING SERVICES THROUGH A NONTRADITIONAL TELEPHONE LINE OR SERVICE. CUSTOMER FURTHER UNDERSTANDS THAT THE ALARMPANEL MAY BE UNABLE TO SEIZE THE PHONE LINE TO TRANSMIT AN ALARM SIGNAL IF ANOTHER CONNECTION IS OFF THE HOOK DUE TOIMPROPER CONNECTION OR OTHERWISE. G. Verification; Runner Service. Some jurisdictions may require alarm verification by telephone or on-site verification (',Runner Service',) before dispatchingemergency services. ln the event that a requirement of alarm verification becomes effective after the date of this Agreement, such services may be available'at anadditional charge. Company shall not be held liable for any delay or failure of dispatch of emergency services arisin'g from such verification. Where Runner Serviceis indicated, such services may be provided by a third party. COMPANY WILL NbT ARREST 5R oefnlru eruyPERSON. H' Personal Emergency Response Service. lf Customer has selected Personal Emergency Response Services, Customer agrees that the very nature ofPersonal Emergency Response Services, irrespective of any delays, involves uncertainiy, risk and possiole serious in1ury, disa"bitity or death, for which Companyshould not under any circumstances be held responsible or iiable;ihat the equipment furnished for personal Emergency Response Services is not foolproof andmay experience signal transmission failures or delays for any number of reasons, whether or not our fault or under"companyi-aontrot; that the actual time requireofor medical emergency providers to arrive at the premises and/or to.transport any person requiring medical attention is unpredictabte and that many contributingfactors, including but not limited to such things as telephone network opeiation, distance, weathei, road and traffic conditions, alarm equipment function and humanfactors, both with responding authorities and with Company, may affeci response X Customer tative Meridian City Council Meeting Agenda January 15, 2019 – Page 262 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 J Project File Number: Item Title: Change Order No. 2 for Well 28 Water Treatment Design Meeting Notes: To Mountain Waterworks, Not -to -Exceed $157,500.00 I TEM SHEET C ouncil Agenda I tem - 6.J . Presenter: Estimated Time f or P resentation: Title of I tem - Approval of Change Order No. 2 for Well 28 Water Tr eatment D esign to M ountain Waterworks for a Not-To-Exceed amount of $157,500.00 C ouncil Notes: Keith will sign the C hange Order after council's approval. S ignature is not required on Change Order 2 by Council / Mayor, only a date of approval. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 1/10/2019 P W D epartment P roject Memo Cover Memo 1/10/2019 P urchase Requistion Cover Memo 1/10/2019 B udget R eport Cover Memo 1/10/2019 Change Order 2 Cover Memo 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 1/10/2019 - 3:02 P M F inance.B aird, Ted Approved 1/10/2019 - 3:07 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 263 of 462 Page 1 Memo To: C. Jay Coles, City Clerk From: Sandra Ramirez, Purchasing Specialist CC: Brent Blake; Keith Watts Date: 1/10/2019 Re: January 15 th City Council Meeting Agenda Item The Purchasing Department, on behalf of the Public Works Department respectfully requests that the following item be placed on the January 15th City Council Consent Agenda for Council’s consideration. Approval of Change Order 2 for Well 28 Water Treatment Design to Mountain Waterworks for a Not-To-Exceed amount of $157,500.00. Recommended Council Action: Approval of Change Order 2 for Well 28 Water Treatment Design to Mountain Waterworks for the Not-To-Exceed amount of $157,500.00 and authorize Purchasing Manager to sign the Purchase Order for the Not-to-Exceed amount of $157,500.00. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda January 15, 2019 – Page 264 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 6 5 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 6 6 o f 4 6 2 m z -a n X m q z O < cn z o m m 0 0 C Z3 w iD 0 U n w w • Dm m m 0 X r 0 N N 0 N oo00_ (D Dcn cv a m � 4 a < m �7 � rn N y �■ M m o cn --q - O c . 00 M � m A v 0o O m z cn -. o ' D .. ■ 3 ` 0 _0 0 -o z , 00 _ O 0 m -moi vi 0 CD m in m 0 z , -i O Z m ■ p --I � p C. ■c M Z -s ■ 0' • Lo ' • m • m C: • z v ■ n 0 O m - �■ • o n n M C X v` Di cm � c) z Z C m G7 o ii 0 -D .� �0 � m ' • M 0 D r D O • • c z -i — m z -a n X m q z O < cn z o m m 0 0 C Z3 w iD 0 U v n cr 0 C Q • p n x- g U) m v 'D z n w w Dm m m 0 X r 0 N N 0 N oo00_ (D cv a m � 4 a < m �7 � rn N N M m o v n cr 0 C Q • p n x- g U) m v 'D z City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 3490 - Water Construction Projects 60 - Enterprise Fund From 10/1/2018 Through 9/30/2019 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96166 Well 28 construction 900,000.00 0.00 900,000.00 100.00% 10641 Well 28 Water Treatment 0.00 29.99 (29.99)0.00% 10641.a Well 28 Water Treatment Facility - Design 0.00 109,607.63 (109,607.63)0.00% 10641.b Well 28 Water Treatment Facility - Filtration System 0.00 460,062.00 (460,062.00)0.00% 10641.f Well 28 Evaluation & Reconstruction 0.00 19,140.00 (19,140.00)0.00% Carr...Carryforward 691,977.96 0.00 691,977.96 100.00% Total Capital Outlay 1,591,977.96 588,839.62 1,003,138.34 63.01% TOTAL EXPENDITURES 1,591,977.96 588,839.62 1,003,138.34 63.01% Date: 1/10/19 12:42:12 PM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 268 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 6 9 o f 4 6 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $232,554.00 Original Contract Times: 0 days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 0 to No. 1 No. 0 to No. 1 Note change order numbers here $4,000.00 i Note change order numbers here 0 days Enter oar amount ol crianges here Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $157,500.00 0 days Enter dollar amount of this chamge order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $161,500.00 0 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $394,054.00 0 days APPROVED: (city Purchasing Manager) ACCEPTED: (Consultant) ` By: Keith Watts By: Date: Date: 1/4/19 RECOMMENDED: (City Project Manager) /� DATE APPROVED BY COUNCIL (If required) By: Date: /- - r!1 _ ���/ I r DATE METHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICATION: We determined the cost for this change order was reasonable by comparing prior quotes of similar tasks from previous consultant contracts, specifically, the Well #30 and Well #29 Pumping Facility design contracts. Budget Available (Attach Report) Budget Information: Budget FY jDate Submitted to Clerk for Agenda: (Purchase Order No. Purchasing Use Only Yes 2019 Amendment: N/A 1/10/2019 Approval Date: Date Issued: Page 2 of 2 Boise | Coeur d’Alene | Lewiston | McCall 208.780.3990 – office@mountainwtr.com www.mountainwtr.com January 2, 2019 Brent Blake City of Meridian 33 E. Broadway Ave., Ste. 200 Meridian, ID 83642 Dear Brent, Mountain Waterworks’ scope of work for the Well 28 treatment design project has been revised to respond to City requested changes not included in the original project scope. Major design items include: • ACHD road revisions made to E. Taconic Drive after the site survey was completed; required several additional site visits to coordinate design requirements. • Site design to include base bid and bid alternate for asphalt. • Coordination and adjustments made for adding electrical room, filter access platform, increasing the size of the building for access platform, and existing Well 28 facility electrical and control upgrades into design package. Mountain Waterworks and our subconsultants are requesting the following design budget modifications: • Mountain Waterworks - $10,000 (civil design and overall management and coordination of changes between our subconsultants and the City) • Axiom - $7,500 (structural design of service platform, increasing the building size and height, and adding the electrical room) • BC&A - $32,000 (design and bidding assistance for electrical/control bid alternates) This change order request also includes engineering support for construction administration, which will include: construction meetings, on-site inspections as needed, responding to RFI’s, submittal review, startup assistance, programming, record drawing preparation, O&M manual preparation, and final close out. The estimated engineering effort to support these services is: • Mountain Waterworks - $35,000 • Axiom - $7,000 • BC&A - $66,000 (includes bid alternate work that may or may not be executed, see attached proposal. If the bid alternates are not selected, engineering services will be reduced accordingly.) In summary, the project engineering budget and scope include: • Original design budget - $232,554.00 • Change Order 1 for Geotechnical Engineering - $4,000.00 • Change Order 2 (this change order) - $157,500.00 • Total Budget - $394,054.00 Meridian City Council Meeting Agenda January 15, 2019 – Page 271 of 462 2 Attached are proposals from our subconsultants for your information. If you have any questions or comments please contact me at your convenience. Sincerely, Stuart Hurley, P.E. | Mountain Waterworks, Inc. PRINCIPAL Boise - Coeur d'Alene - Lewiston - McCall P 208.780.3994 C 208.871.5862 E shurley@mountainwtr.com Meridian City Council Meeting Agenda January 15, 2019 – Page 272 of 462 - 1 - 121 N. 9th Street, Suite 401, Boise ID 83702 208.639.4520 | www.AxiomPLLC.com Boise ID | Salt Lake City UT | Albuquerque NM November 14, 2018 Stuart Hurley, PE Mountain Waterworks 1161 W River St #130 Boise, ID 83702 (208) 780-3990 Subject: Meridian Well 28 – Structural Engineering Proposal – Change Order (Revised) Change Order Proposal Number P18-220C Original Proposal Number: P17-201A Dear Mr. Hurley, We are pleased to submit the following proposal to provide structural engineering services for this project. Scope of Work: It is our understanding that the project owner, City of Meridian, wishes to incorporate the following changes to the design: 1. Add an approximate 6’x8’ electrical room into the floor plan. 2. Increase the size of the building from roughly 30’x50’ to 35’x50’ based on equipment layout and addition of the electrical room. 3. Add a steel access platform to one side of the filtration tank, approximately 5’-9” tall x 4’ wide x 20’-6” long, with bar grating flooring, handrail, and stair. 4. Building/ceiling height increase, door adjustments, other miscellaneous changes. Description of Services: 1. Incorporate the changes mentioned above into the design drawings/specifications/calculations, which are currently at approximately 60% completion. 2. All other aspects of original proposal remain unchanged. Exclusions: 1. No additional exclusions beyond those listed in original proposal. Meridian City Council Meeting Agenda January 15, 2019 – Page 273 of 462 - 2 - 121 N. 9th Street, Suite 401, Boise ID 83702 208.639.4520 | www.AxiomPLLC.com Boise ID | Salt Lake City UT | Albuquerque NM Design Fee: Based on the scope of work, our compensation for the above mentioned services will be on a lump sum fee basis as follows: Added Electrical Room =$ 500 Building Width Increase =$1,000 Access Platform =$3,000 Building Height Increase, Door Adjustments, Other Misc Changes =$3,000 Total =$7,500 Reimbursable expenses are to be billed at a rate of 1.05 and are additional to the total fee above. If you are in agreement with the above, please sign the proposal return one copy to us. If you have any questions, feel free to contact us for discussions and/or continued negotiations. This proposal is valid for a period of ninety days from date of issue. Please contact us for an updated proposal if this proposal has not been accepted and signed within said time period. Sincerely, Axiom, PLLC ACCEPTED _______________________________________ __________________________________ Hunter Hodges, PE, SE Signature & Date Project Manager _________________________________ Print Name and Title 12/27/18 Stuart Hurley, Vice President Meridian City Council Meeting Agenda January 15, 2019 – Page 274 of 462 776 EAST RIVERSIDE DRIVE, SUITE 250  EAGLE, IDAHO 83616 TEL: 208.939.9561  FAX: 208.939.9571 December 28, 2018 Stuart Hurley P.E. Mountain Waterworks 1161 W River St, STE 130 Boise, ID 83702 Subject: Design services for City of Meridian’s Well 28 VFD and PLC panel replacement project Dear Stuart: Bowen, Collins and Associates (BC&A) is pleased to submit for your review our proposed Scope of Work and fee to provide additional electrical engineering design services in relation to the new filtration project for existing well house #28 being constructed for the City of Meridian (City). PROJECT UNDERSTANDING The City has contracted with Mountain Waterworks (MW) for the design of a new filtration building for the removal of iron and manganese in the municipal potable drinking water at existing well house #28. In addition to the design of the new filtration building the City has request additional design service from MW and BC&A to replace the existing VFD’s located in the existing well#28 as a bid alternate. The VFD’s that will need to be replaced are as follows: 1. 250hp well pump 28 2. 100hp booster pump #1 3. 100hp booster pump #2 The City has also request that the existing PLC control panel be replaced as a bid alternate for this project. A new larger PLC control panel will be designed that will accommodate all of the existing I/O in the existing PLC control panel and provide a cleaner installation. The bid alternates will be as follows: Bid Alternate #1 will be the removal of the existing PLC control panel and installation of the new larger PLC control panel. Bid Alternate #2 will be the removal of the existing 250hp well motor VFD and installation of a new 250hp Ethernet IP controlled and monitored VFD for the well motor. Bid Alternate #3 will be the removal of the existing two 100hp booster motor VFD’s and installation of a two new 100hp Ethernet IP controlled and monitored VFD for the booster pump motors #1 and #2. Meridian City Council Meeting Agenda January 15, 2019 – Page 275 of 462 Stuart Hurley P.E. December 28, 2018 Page 2 In to the additional design work that has been requested BC&A is pleased to submit for your review our proposed Scope of Work and fee to provide construction management, programming, and startup services in relation to the new iron and manganese filtration removal project at existing well house #28 designed by MW and BC&A that is being constructed for the City. The following is BC&A’s scope of services and fee: SCOPE OF WORK TASK 1 – 90% Design Drawings to Owner for Bid Alternate 1, 2, and 3 BC&A will provide 90% design set of drawings and specifications that will include new VFD’s to replace existing, panel layout, bill of materials, and loop drawings per the current City standards. BC&A will attend one design meeting with the owner for review of the design. Deliverable: List of Drawings Legends and Schedules Power Plan Panel Layouts and Loop Diagrams (6 sheets) Wiring Diagrams Instrumentation & Control Details TASK 2 – 100% Construction Bid Documents for Bid Alternate 1, 2, and 3 BC&A will incorporate any comments that the owner might have for the 100% out to bid design drawings and specifications for bid alternates 1, 2, and 3. Deliverable: Stamped and signed drawings and specifications for bidding purposes. TASK 3 – Bidding Services for Bid Alternate 1, 2, and 3 BC&A will provide Electrical Engineering and Instrumentation & Controls support during the bidding phase of this project for bid alternate 1, 2, and 3. Our services will include:  Assisting with the solicitation of pricing  Fielding bidding questions  Assisting with the preparation of Addenda associated with the bidding process  One site visit for the pre‐bid meeting and project walk thru TASK 4 – Construction Management Services BC&A will provide Electrical Engineering and Instrumentation & Control support during the construction phase of this project for bid alternate 1, 2, and 3. Our services will include:  Reviewing shop drawing submittals.  Fielding construction questions and answer RFI’s. Meridian City Council Meeting Agenda January 15, 2019 – Page 276 of 462 Stuart Hurley P.E. December 28, 2018 Page 3  Assisting with the preparation of ‘paperwork’ associated with the construction process.  Performing up to 3 site visits (2.5 hours each) for meetings and review construction to determine if it meets the intent of the construction documents.  Provide substantial completion and final reviews.  Prepare Record Drawings for electrical, instrumentation, and controls. TASK 5 – Programming Services Base Bid BC&A will provide PLC and HMI programming for monitoring of filtration equipment and to meet the City’s standards for PLC, HMI, and SCADA development. BC&A understands that the programming for the filtration process will be supplied by the filtration equipment supplier and will include all PLC and HMI programming at the filtration building. BC&A will provide programming at the existing Well 28 HMI control panel that is located in the existing well house 28. The programming will include monitoring only (no control) to mimic the HMI screens that will be provided by the filtration equipment supplier. BC&A will also provide programming for the following items that will not be supplied by the filtration equipment supplier:  Sodium Hypochlorite Storage level  Sodium Hypochlorite pumping  Door intrusion detection  Building Temperature  Flow Switch at emergency eyewash/shower  Building Flood Switch  Emergency Stop Button Task 5 only includes the PLC and HMI programming provided at the existing Well 28 control panel. BC&A understands that the owner will be providing the programming for the SCADA screens at the City’s Water Department main SCADA control room. If assistant with the programming for the SCADA screens is needed we will complete such work upon negotiating required modifications to our contract and after a formal approval of the change is received. Bid Alternate #1 programming – BC&A will provide programming for the new PLC that will be installed if bid alternate #1 is taken. This programming will include loop checking all of the existing instrumentation in the well house 28 that will be reconnected to the new PLC control panel. Bid Alternate #2 programming – BC&A will provide programming for the new PLC that will allow Ethernet IP based monitoring and control of the new VFD for the well 28 motor. BC&A will remove the hardwired programming from the existing program and re‐map the new Ethernet IP base tags in the HMI existing graphics. Bid Alternate #3 programming – BC&A will provide programming for the new PLC that will allow Ethernet IP based monitoring and control of the new VFD’s for booster pumps #1 and Meridian City Council Meeting Agenda January 15, 2019 – Page 277 of 462 Stuart Hurley P.E. December 28, 2018 Page 4 #2. BC&A will remove the hardwired programming from the existing program and re‐map the new Ethernet IP base tags in the HMI existing graphics. TASK 6 – Startup Services BC&A will provide startup services for the electrical, control and instrumentation systems. Our services will include:  BC&A will spend a total of 5 days onsite programming the PLC and HMI.  Perform loop checks on all instruments.  Scale all field instruments in the programs.  Debug programs. Ensure all equipment is functioning properly. PROPOSED FEE The lump sum compensation for each of the major tasks listed above for design through startup services are summarized in Table 1. Table 1 – Compensation Summary for Design, CMS, Programming, and Startup Task No. Task Fee 1 90% Design to Owner for review for Bid Alternate 1,2, and 3 $25,000 2 100% Out to Bid Construction Documents and Specifications for Bid Alternate 1,2, and 3 $4,000 3 Bidding Services for Bid Alternate 1,2, and 3 $3,000 4 Construction Services – Base Bid Construction Services – Bid Alternate #1 Construction Services – Bid Alternate #2 Construction Services – Bid Alternate #3 $9,000 $2,000 $500 $500 5 Programming – Base Bid Programming ‐ Bid Alternate #1 Programming ‐ Bid Alternate #2 Programming ‐ Bid Alternate #3 $20,000 $7,000 $10,000 $10,000 6 Startup Services – Base Bid Startup Services – Bid Alternate #1 Startup Services – Bid Alternate #2 Startup Services – Bid Alternate #3 $5,000 $1,000 $500 $500 Total Lump Sum Fee $98,000 Meridian City Council Meeting Agenda January 15, 2019 – Page 278 of 462 Stuart Hurley P.E. December 28, 2018 Page 5 ADDITIONAL SCOPE Currently BC&A has not included any programming for the SCADA screens at the City’s Water Department main SCADA control room. BC&A understands that the owner will be providing the programming for the SCADA screens at the City’s Water Department main SCADA control room. If additional scope is needed beyond that which is indicated for this project, we will complete such work upon negotiating required modifications and after a formal approval of the change is received. It is our intent to complete the work as described. We also understand that scopes may change and we will make every effort to accommodate the additional work within reason and in a timely manner. REIMBURSABLE EXPENSES Typical reimbursable expenses include printing, mailings, telephone and faxes, mileage, supplies, and the use of outside services. Reimbursable expenses have been included in the proposed fee. We look forward to working with you on this project. If you have any questions or need any additional information, please call.   Sincerely, Bowen Collins & Associates, Inc. Darin Youngstrom P.E. Electrical Department Manager Meridian City Council Meeting Agenda January 15, 2019 – Page 279 of 462 - 1 - 121 N. 9th Street, Suite 401, Boise ID 83702 208.639.4520 | www.AxiomPLLC.com Boise ID | Salt Lake City UT | Albuquerque NM September 12, 2017 Dave Allison Mountain Waterworks 1161 W River St #130 Boise, ID 83702 (208) 780-3990 Subject: Meridian Well 28 – Structural Engineering Proposal Proposal Number: P17-201A Dear Mr. Allison, We are pleased to submit the following proposal to provide structural engineering services for this project. Scope of Work: Construction of a new treatment building located at the existing Meridian Well 28 site. Approximate building dimensions are 30’ x 40’ x 20’ tall. The building will be constructed of split-face CMU bearing walls with pre- engineered wood roof trusses. Construction is assumed to be Class1, Division 1 hazardous construction. Finishes to consist of standing seam metal panel roof complete with skylights or solartubes for natural lighting, and a painted interior. Additional anticipated building components are listed below: · Heavy Process Tank complete with reinforced concrete mat-slab beneath. · Crane rail with manual chain-hoist for removal and service of pumps, pipes, and mechanical equipment. · 1,000 Gallon Sodium Hypochlorite Tank with reinforced concrete slab beneath. · Design alternative option to include incorporation of small office and restroom, with required occupancy separation. · Stainless steel work station and sink with cabinets and countertop. · Full length floor sump/trough approximately 18” wide x 18” deep with a grating/plating cover. Description of Services: 1. Provide structural drawings and calculations according to the governing codes, and provide services necessary to obtain permit from the governing agency or authority having jurisdiction. 2. Provide structural/architectural specifications as required. 3. Review of specified structural/architectural material shop drawings for conformance with the contract documents will be provided under the “Construction Administration” portion of the fee as defined below. 4. Perform up to 2 site visits as required or upon request during construction for general observation of progress. Meridian City Council Meeting Agenda January 15, 2019 – Page 280 of 462 - 2 - 121 N. 9th Street, Suite 401, Boise ID 83702 208.639.4520 | www.AxiomPLLC.com Boise ID | Salt Lake City UT | Albuquerque NM Exclusions: 1. Foundation recommendations are to be completed by a geotechnical engineer and final report shall be provided to Axiom for use in the structural design. 2. Time to obtain agency approval is estimated in this jurisdiction to be 4 hours. Additional time beyond this “allowance” would be considered unforeseen conditions and would need to be billed hourly. 3. Site structural or the design of structural elements outside the building footprint will not be provided as a part of this scope. Design Fee: Based on the scope of work, our compensation for the above mentioned services will be on a lump sum fee basis as follows: Construction Drawings =$22,500 Construction Administration =$7,000 Total =$29,500 Reimbursable expenses are to be billed at a rate of 1.05 and are additional to the total fee above. Reimbursable items may include but are not limited to the following: · Reproductions and Prints · Travel expenses · Travel time (will be billed at Axiom hourly rates) · Shipping and Delivery If you are in agreement with the above, please sign the proposal return one copy to us. If you have any questions, feel free to contact us for discussions and/or continued negotiations. This proposal is valid for a period of ninety days from date of issue. Please contact us for an updated proposal if this proposal has not been accepted and signed within said time period. Sincerely, Axiom, PLLC ACCEPTED _______________________________________ __________________________________ Trevor White, PE Signature & Date Project Manager _________________________________ Print Name and Title 12/11/17 Stuart Hurley, Vice President Meridian City Council Meeting Agenda January 15, 2019 – Page 281 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 K Project File Number: Item Title: CDBG FY19 Budget Amendment Meeting Notes: Not -to -Exceed $422,148 (Net Zero) 5 I TEM SHEET C ouncil Agenda I tem - 6.K . Presenter: Estimated Time f or P resentation: Title of I tem - C ommuntiy Development Block Grant B udget Amendment Not to Exceed $422,148 (Net Zero) C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate HUD F unding Agreement Cover Memo 1/7/2019 B udget A mendment Cover Memo 1/11/2019 RE V I E WE RS : Department Reviewer Action D ate Community Development.J ohnson, Chris Approved 1/7/2019 - 2:02 P M Community Development.Coles, C.J ay Approved 1/11/2019 - 10:32 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 282 of 462 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 8 3 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 8 4 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 8 5 o f 4 6 2 V! Y r FO- O N W C C � v m W = s W 4—O C O p F Q -N 7 v U xx L y 1, z 0 v v 0 C)0 -Fu 0 O O Z z d C E 1u v v a 0 0 ❑� ❑� � C hu 110CL Y U n L 00CL � A O C 00 N z tOD N N c m o m w E E'^ O C goo O1 =r 1 ' Q o� ti N 00 Q 0 � a N tm m V! Y r FO- O N W C C � v m W = s W 4—O C O p F Q -N 7 v U xx L y * 0 v v 0 C)0 -Fu 0 O O Z z d C E C E v v a 0 0 ❑� ❑� � C hu 110CL CL U n o C 00CL C A O O 00 N z tOD N N o w m o m o _ E E'^ O C goo C 1 ' Q ti N 00 0 m C c *+ Y 0 0 QJ cr �-1 } E =3 E v E =3 U v ° v j �+ LL Q' E O E O W d O E O to U Un m m W v m m 0 0 0 0 0 0 > a O 0 O 0 o rl ° J C 2 0) 0) E E LL O v t9 m f0 z z E z m C C H U 01 O! n' O N r i t t N O N O >. r0 c0 0 v v 0 C)0 -Fu 0 o C 0 v v v a 0 0 0 0 � C hu 110CL M. Z .i 0 44 I 00 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 hu 110CL n m U n o C C ,rd m C 3 0 m o m r- rl o w m o m o _ E E'^ O C C 1 ' Q ti N N 0 m o b0 N 0 0 0 0 0 0 Y O_ O> d O C O U a,: W d O W m m m m m m m m 0 0 0 0 0 0 O 0 O 0 O 0 O 0 o 0 rl o w o 0 0 0 ¢ N m 1n O N O N 1-1 N O m N O N O N O N O yr in v n v} vt O O O O o O o 0 It w v 00 v 00 v 00 v 00 <r 00 v 00 v 00 0 0 0 O O O o 0 N N N N N N N N M. Z .i 0 44 I 00 0 0 0 0 0 00 0 0 0 0 0 0 0 0 0 0 0 n m o 0 n o C ,rd m .i 0 m o m r- rl o w m o m ti 0 0 0 0 0 0 0 0 0 o 0 n 0 o 00 n O o 0 0 0 0 C m C I- O m o 0 o m rl o w o v} v} in yr in v n v} vt O 0 C 0 Y u O = m O o O N v U N C to C N C t bp c o -@a v o2S =o a-, ¢ Fu O al T v p v 2 m 2E 2 in Q m m m m m m m m m m m m m O 0 0 0 C 0 0 o 0 o 0 o 0 0 0 0 0 0 0 0 0 0�D Cm w w y y ID y y y w 000000000 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O 0 O m 00 m 00 y 00 M 00 m 00 m 00 m 00 N 00 N W 0 0 0 0 0 0 0 0 0 0 0 0 zT 00 v 00 v CO v 00 v 00 v 00 v 00 00 00 00 00 00 .-1 O O o 0 0 0 0 0 0 0 0 0 0 1 'o a M�l City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 L Project File Number: Item Title: FY2019 Grant Carryforward Budget Amendment Not -to -Exceed $747,161 Meeting Notes: u✓ �PPHUuu I TEM SHEET C ouncil Agenda I tem - 6.L . Presenter: Estimated Time f or P resentation: Title of I tem - F Y 2019 Grant Carryforward Budget Amendment Not to E xceed $747,161 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate G rant Carryf orward B udget A mendment B udget A mendment 1/9/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 1/9/2019 - 11:57 A M F inance.Fields, J enny Approved 1/9/2019 - 1:00 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 287 of 462 � n 0 0 0 Q 0 0 0 0 0 0 Q � Q (ID '.i W C C_ C_ Un H N N N N N N N N N N N N N O O O O O O O O O O O O O C C C C C C C C C G C C C C C C C C C C C C C C C C m v fD Q lD O v to A F-` 0 O O O O O O (D 0. D I C C C C ID M C C C Gl D � A A A � A A O O O O w W r, N N N N cn N W N N N N OO A m CL Ql O O p h C C C _ O0 C C C o3 O d O 3 O pq v - <O o \ oa _ _ — X 6 d m o rD 7 O C v m o ° � oo � a � C—C N � n � fD O V N _ p A _ V Ol � fl V t� y O ? m n O «q LT Q iTi fJ A fp V Q1 0 O O O O O O (D 0. D O° h C C C C G C C C A A A A A A A A O O O O w W r, N N N N cn N W N N N N OO A o O Ql O O C C C C C C C C o m n D - <O o \ oa — ocn m o D m o ° C oo � a � C—C N n � fD rD p ul i/, {/) V: J A J � 4t 0 rD -o' -� _h, O O 7 0 O D fD n O AA O rD O 0 0 O O O O O O (D 0. D O° h C C C C G C C C A A A A A A A A O O O O w W r, N N N N cn N W N N N N OO A o O Ql O O C C C C C C C C o m n D - <O o \ oa — ocn m o D m o ° C oo � a � C—C N n � fD rD p ul h { 71 I I I I fD (D N � O m 3N1 z o v v v 1O � Al INC0 o T rD .3D 3 M \3 N Q < O N n n M u ` � ri � Z.1 y — rDd 93 vOi VOi �l�ny w C - O SC ❑ ❑ :3n CD = Li ro <F z < . ° O A y ` £06� ° C NC a a o a CL © � O h 1 0 0 0 0 `'� 0 0 y. 0- 0 O co (D 0. D O° h ID z. (D o J O 3 < Q agoCO 3 3 — 0 0 3 a (D m !D a -0 0 h { 71 I I I I fD (D N � O m 3N1 z o v v v 1O � Al INC0 o T rD .3D 3 M \3 N Q < O N n n M u ` � ri � Z.1 y — rDd 93 vOi VOi �l�ny w C - O SC ❑ ❑ :3n CD = Li ro <F z < . ° O A y ` £06� ° C NC a a o a CL © � O h 1 0 0 0 0 `'� 0 0 y. M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 8 9 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 0 o f 4 6 2 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 M Project File Number: Item Title: FY2019 Annual Carryforward Budget Amendment Not -to -Exceed $25,993,966 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.M. Presenter: Estimated Time f or P resentation: Title of I tem - F Y 2019 Annual Carryforward Budget Amendment Not to E xceed $25,993,966 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate A nnual C arryforward Budget A mendment B udget A mendment 1/9/2019 RE V I E WE RS : Department Reviewer Action D ate F inance.J ohnson, Chris Approved 1/9/2019 - 11:56 A M F inance.Fields, J enny Approved 1/9/2019 - 12:59 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 292 of 462 K ►n I NN N N N N N N N N N N N O 0 O rD O O O Q ro d n O O O n 0 6 C C G O C C O r� O O O O d 7 eY � C C C 7 �. 3 n C C C 00 S C A O X o � cu M m 3 0 3 ° C ,y C C C "T C d C C C C C C C C -a ^ ' D < (DrD m N Ln 0QrDOr' o' cn ao a v W — N N W n rD nCl c D M O :j .'3 O c O 3 a, w LA d ro13 OQ n n u ro ® rD z � o Ne a s ,+ rD I NN N N N N N N N N N N N O O O O O O O O O O O O O C C G C C C O r� O C C C C C C C C C C C C C A O Q, O M w 3 C C C C C C C C C C C C C C C -a ^ ' D < (DrD m N Ln 0QrDOr' o' cn ao a N N rDrD O n rD nCl c D (D O :j .'3 O c O 3 w w LA d 3 OQ n n u ro ® rD z � 1 -< 1:1rD a rD rD £06t N. O Z Z Z Z a \i oN O D 0 ggggg rD d H /l O O r1 J m m N Ul LD ID m NN N N N N N N O O O O O O O O t rD v C C C C G C C C O r� O O O O O W N N N U, W N N A O Q, O M w 3 C C C C C C C C 3 p -0 n C C -a ^ ' D < (DrD m N 0QrDOr' o' cn ao a N N rDrD O n rD nCl c D (D O :j .'3 O c O 3 w O LA d 3 OQ n u ro ® rD z � 1 -< 1:1rD rD T C o -j N 3 H O O 0 co n 4 V rD O rD y a et W Gl rD I rD -r N C n — 0 rt 3 --+, O rD O m CD c � < Q m rt N O o Cfl v C Q (a 0 (D o a D rt '° 3 as 'o t rD v �- rDC :3' Loa �, O 3 O r� O -a a O r+ z z N 3 < D 0 t v rDC :3' Loa z z N �1N3� 3H1 M w 3 f_ � p < a 3 ro C m N 0QrDOr' rt � 3 rD nCl c O .'3 w LA u ® ® z � 1 -< 1:1rD rD £06t N. O Z Z Z Z a \i oN D 0 ggggg z z H /l O O r1 J M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 4 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 5 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 6 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 7 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 8 o f 4 6 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J a n u a r y 1 5 , 2 0 1 9 – P a g e 2 9 9 o f 4 6 2 City Council Regular Meeting January 15, 2019 Agenda Item Number: 6 N Project File Number: Item Title: AP Invoices for Payment 1/16/19 - $2,645,494.44 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.N. Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 1/16/19- $2,645,494.44 C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate I nvoices for Payment Cover Memo 1/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/10/2019 - 12:50 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 300 of 462 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A COMPANY INC portable toilets for 2018 Winter Lights Parade 11/30-12/1/18 635.41 01 General Fund A-1 HEATING & AIR CONDITIONING Kleiner Park heater repair in shop 110.00 01 General Fund A-1 STAMP & MABEL'S LABELS 2018 recognition plaque for J Greer - qty 1 35.00 01 General Fund A-1 STAMP & MABEL'S LABELS magnetic name badges for V Wagner, N Butler, M Gutierrez 30.00 01 General Fund ACCELA, INC.19-0156 Accela Land Mgmt user Lic Packs(incl 5 named users p 23,749.20 01 General Fund ACEM 2nd qtr membership contributions FY2019 4,389.37 01 General Fund ACROSS THE STREET PRODUCTIONS 220/ Blue Card online training, D.Anderson 346.50 01 General Fund ACROSS THE STREET PRODUCTIONS 220/Bluecard, 1 instructor, & 43 CE Renewals, training 4,750.00 01 General Fund ADA COUNTY HIGHWAY DISTRICT 18-0124 Pine Ave landscaping & improvements thru 12/19/18 665.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE 19-0099 220/Dispatch services Jan-Mar 2019 23,551.80 01 General Fund ADVANCE AUTO PARTS belt dressings for vehicle maintenance - qty 2 10.10 01 General Fund ADVANCE AUTO PARTS ice scrapers for fleet trucks - qty 23 95.37 01 General Fund ADVANCE AUTO PARTS lube credit; oil filter for walker H38i equipment at Fuller (3.08) 01 General Fund ADVANCE AUTO PARTS lube for Walker H38i equipment at Fuller Park - qty 1 5.74 01 General Fund ADVANCE AUTO PARTS oil filters for Hustler mower at Fuller Park - qty 2 9.64 01 General Fund ADVANCE AUTO PARTS RV antifreeze - qty 6 34.14 01 General Fund AMERICAN MECHANICAL CORP 220/replaced pressure switch on furnace 217.58 01 General Fund AMY MERRILL instructor fee - Ballet, HipHop 11/1-12/13/18 - qty 12 533.60 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 ProjectDox Tier 4 Professional Services Bundle 29,025.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 Tier 4 End User Training Pkg, ProjectDox Tier 4 Trai 13,400.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 Travel Expenses for Michael Collins 12/4-12/16 for O 985.37 01 General Fund BEFORE THE MOVIE, INC.MADC Safe Holiday Ad at Theatres 2,883.00 01 General Fund BLAKE CAMPBELL Per Diem: B. Campbell, Blue Card Training, Phoenix AZ,308.00 01 General Fund BOUNDTREE MEDICAL 220/CPR practice shields, CPR program, City Training 27.98 01 General Fund BOUNDTREE MEDICAL 220/Items for CPR City Training, gauze, face shields 283.91 01 General Fund BRADY INDUSTRIES, LLC.220/Janitorial, St. 4, detergent, liners, tissue, towels 127.30 01 General Fund BRICON, INC 19-0090 Task Order 10105.b ADA Concrete Repairs at Bear 49,000.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY emergency light repairs at City Hall 417.50 01 General Fund BRIGHT IDEAS LIGHTING COMPANY emergency light repairs at Generations Plaza 150.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/Oil change & rotation, MF043 59.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 16 snow tire change-over 52.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC L. R. Door Handle (exterior) Unit # 163 161.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF & Air Filter for Unit # 162 71.98 Date: 1/10/19 12:42:37 PM Page: 1Meridian City Council Meeting Agenda January 15, 2019 – Page 301 of 462 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 and aire filters for unit #21 97.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change for Unit # 158 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change, Front Brakes for Unit # 164 515.23 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Passenger Headlight for Unit # 130 31.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC R. Engine Mount, LOF, Battery & Lic Bulb Unit# 151 338.10 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Repair Driver Seat Track Obstruction Unit # 15 76.50 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Taillight Bulb for Unit # 3 15.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires, Alignment, Front Brakes for Unit # 167 1,063.66 01 General Fund BRYANT IDEAS Promotional Items for PD Community Events 476.00 01 General Fund CABLE ONE 220/Fire Safety Center, Internet & Phone services 140.44 01 General Fund CANYON TRUCK UPFITTERS fleet truck 34 seat covers - qty 1 289.00 01 General Fund CANYON TRUCK UPFITTERS rear bumper for fleet truck 3 - qty 1 200.00 01 General Fund CDW GOVERNMENT Cisco Ironport Renewal 4,781.25 01 General Fund CDW GOVERNMENT HP 15.6 Business Top Load 29.50 01 General Fund CDW GOVERNMENT Palo Alto Prem Sup Rnw PA-500,9,030.00 01 General Fund CDW GOVERNMENT Pulse Sec Svc Mag2600 11-50u 525.00 01 General Fund CHAD SOMBKE, PH.D, P.C.Fitness for Duty Interviews 100.00 01 General Fund CHAD SOMBKE, PH.D, P.C.New Officer Testing 200.00 01 General Fund CHRIS JOHNSON Per Diem: C. Johnson, Laserfiche training, Long Beach CA 297.00 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 19-0065 Prosecutor & Criminal Legal Services January 2019 35,970.59 01 General Fund CITY OF BOISE FIRE DEPARTMENT 220/AHA CPR cards, city training classes 340.00 01 General Fund CITY OF MERIDIAN PETTY CASH Riemuburse Petty Cash December 2018 400.72 01 General Fund CIVICPLUS INC Rec1 annual renewal 10/1/18 - 9/30/19 8,000.00 01 General Fund CIVIL SURVEY CONSULTANTS 18-0301 Professional Services during the period of 7/1/18-7/ 381.00 01 General Fund CIVIL SURVEY CONSULTANTS 18-0502 Professional Services during the period of 12/1/18-1 788.63 01 General Fund CLOVERDALE PLUMBING COMPANY ADA drinking fountain install at Community Center 1,446.69 01 General Fund COMPUNET 19-0096 WS-C3850-12xs-E: Cisco Catalyst 3850 12 port 10G Fib 104,754.17 01 General Fund D & B SUPPLY uniform clothing for new Maintenance Techs - qty 9 719.91 01 General Fund DEBEST PLUMBING, INC 220/repair leak, St. 5 247.58 01 General Fund DRONE NERDS, INC.Thermal Drone, SKU# MAVICPLATBOSONKIT 4,484.83 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO outlet covers for Fuller Park - qty 10 141.47 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO restroom lights for all parks - qty 30 66.19 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO sprinkler clock installation parts for Settlers - qty 104 17.95 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradle Point installation VIN 6137342 #6 319.00 Date: 1/10/19 12:42:37 PM Page: 2Meridian City Council Meeting Agenda January 15, 2019 – Page 302 of 462 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 ERS, EMERGENCY RESPONDER SERVICES, INC. Installation of cradle point inspector vehicle #7 VIN 5427 322.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Installation of cradlepoint inspector vehicle #8 VIN# 4438 322.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Light Bar Operation Repair, Siren Controller Replaced # 156 859.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Seal Gaps in Prisoner Seat & Replace Warming Lamp #167 259.00 01 General Fund ESP PRINTING & MAILING remaining balance owed-2019 Winter/Spring Activity Guide 261.98 01 General Fund EXECUTIVEPULSE INC ExecutivePulse CRM Initial License Fee 7,700.00 01 General Fund FARWEST STEEL CORPORATION cutting edge replacement for tractor snow pusher - qty 1 227.11 01 General Fund FARWEST STEEL CORPORATION steel for market trailer & Parks Shop - qty 46 1,374.56 01 General Fund FASTENAL COMPANY drill bits & conicals for Lanark Parks Shop - qty 103 23.78 01 General Fund FASTENAL COMPANY wire clamps for giant snowflake - qty 10 2.58 01 General Fund FERGUSON ENTERPRISES INC.flush valve parts for Bear Creek Park - qty 8 26.32 01 General Fund FERGUSON ENTERPRISES INC.replacement sinks for ADA compliance at Centennial Park x 2 2,502.00 01 General Fund FIRE CODE CONSULTANTS NORTHWEST 19-0031 TO #10925.a Comm Res Bldg. Plan Rev. 12/2018 1,108.69 01 General Fund FIREWORKS & STAGE FX AMERICA fireworks for 2018 Tree Lighting event 1,875.00 01 General Fund G & R AG PRODUCTS INC ice melt tank setup for fleet truck 20 357.52 01 General Fund GALL'S INC.Double Cuff Cases- K.Childers & Inventory 91.98 01 General Fund GALL'S INC.OC Spray Cases for Duty Belts & Inventory 143.96 01 General Fund GEOTEK, INC.19-0032 TO #10927.a Commercial & Residential Bldg. Inspect 21,230.00 01 General Fund GIESLER AUTO REPAIR alternator for fleet truck 31 325.42 01 General Fund GIESLER AUTO REPAIR idler pulley repair for fleet truck 1 - license C20504 197.02 01 General Fund HANSON JANITORIAL 19-0112 park restroom supplies - qty 8 483.52 01 General Fund HOME DEPOT CREDIT SERVICES angle grinders for Lanark Parks Shop - qty 2 178.00 01 General Fund HOME DEPOT CREDIT SERVICES concrete for ADA repairs at Bear Creek Park - qty 13 53.30 01 General Fund HOME DEPOT CREDIT SERVICES concrete, LED light & anchoring for Fuller Park - qty 22 126.93 01 General Fund HOME DEPOT CREDIT SERVICES EMT Strapping 18.01 01 General Fund HOME DEPOT CREDIT SERVICES epoxy for Bark Park - qty 4 83.88 01 General Fund HOME DEPOT CREDIT SERVICES extension cord, power strip, baskets for Discovery - qty 16 135.46 01 General Fund HOME DEPOT CREDIT SERVICES miscellaneous restroom supplies for Fuller Park - qty 17 129.40 01 General Fund HOME DEPOT CREDIT SERVICES plumbing parts for Storey Park - qty 3 44.73 01 General Fund HOME DEPOT CREDIT SERVICES steel wool for Parks Shop - qty 3 15.92 Date: 1/10/19 12:42:37 PM Page: 3Meridian City Council Meeting Agenda January 15, 2019 – Page 303 of 462 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 HRATV Crystal Richie HRATV 2019 Membership 100.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for Plan Review Supervisor S. Zahorka 46.25 01 General Fund IDAHO POWER 220136188 Parks Power Dec 2018 13,235.61 01 General Fund IDAHO POWER 220586629 Street Lights Power Dec 2018 27,961.91 01 General Fund IDAHO STATE POLICE Access Fee County or Municipal ILETS Jan-Mar 2019, User Fee 3,125.00 01 General Fund IDAHO STATE POLICE Fingerprints and Background Dec. 2018 218.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange 12/19/18 250.00 01 General Fund INDEPENDENCE INDOOR SHOOTING Indoor Shooting Range Membership - Dec 2018 4,644.00 01 General Fund INDIGO IDAHO 2018 Christmas Twilight Market coordination 1,000.00 01 General Fund INSIGHT ARCHITECTS, pa professional svcs-ADA Park Compliance Survey 9/1-11/30/18 1,485.00 01 General Fund INTERMOUNTAIN COMMUNICATIONS Mobile Radio Repair 578.00 01 General Fund INTERMOUNTAIN COMMUNICATIONS Portable Radio Repairs 320.00 01 General Fund JOHNSTONE SUPPLY Homecourt HVAC rooftop unit belts - qty 5 69.15 01 General Fund JOHNSTONE SUPPLY restocking fee for base pan heater for Fuller Park 50.00 01 General Fund K9TACTICALGEAR.COM Equipment for K9 Unit 641.99 01 General Fund KELLER ASSOCIATES, INC.18-0509 Electrical Plans Examining Services 16,381.30 01 General Fund KEVIN BOBAN CONSTRUCTION ADA ramp into basketball court installation at Heroes Park 2,000.00 01 General Fund KEVIN BOBAN CONSTRUCTION ADA sidewalk to drinking fountain installation at Tully Park 2,272.00 01 General Fund KEVIN BOBAN CONSTRUCTION sidewalk ramp installation at Gordon Harris Park 4,625.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 10/23-12/15/18 - qty 61 1,828.00 01 General Fund LAURIE MCELROY instructor fee - Yoga 11/1-12/20/18 - qty 4 112.00 01 General Fund LAWN CO MAINTENANCE Fuller Park sprinkler repairs 685.60 01 General Fund LOWE'S 220/Lite bulbs, filter for shopvac, St. 3 47.47 01 General Fund LOWE'S Flashlight/Tape Measure bldg inspector K Pitt 19.91 01 General Fund LOWE'S holiday totes - qty 4 64.52 01 General Fund LS REFEREEING 19-0050 Fall Basketball officials 12/10-12/20/18 x 16 games 872.00 01 General Fund LS REFEREEING 19-0050 Winter Basketball refereeing - qty 38 teams 760.00 01 General Fund M.D. WILLIS, INC.Court Reporting 2,002.00 01 General Fund MARK NIEMEYER Per Diem: M. Niemeyer, Tour of Fire Devastation in Californi 99.00 01 General Fund MASIMO CORPORATION 220/Rainbow DCI replacement cable to repair cardiac monitor 695.00 01 General Fund MERCER HEALTH & BENEFITS PO19-0149 Mercer Health & Benefits Fee Nov. 2018 5,000.00 01 General Fund MINUTEMAN, INC.flagpole keys 179.45 01 General Fund MINUTEMAN, INC.open & repair men's restroom lock at Fuller Park 105.00 Date: 1/10/19 12:42:37 PM Page: 4Meridian City Council Meeting Agenda January 15, 2019 – Page 304 of 462 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 MOTIONS DANCE STUDIO instructor fee-Capoeira,Dazzle/Dance,Cheer 12/5-12/21/18; 62 1,620.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Capoeira,Tumble/Flip/Twist 10/29-12/14/18; 68 2,348.00 01 General Fund MOUNTAIN VIEW EQUIPMENT bolts for Kioti plow - qty 38 11.40 01 General Fund MPH INDUSTRIES INC Replacement Remotes for BEE III in-Vehicle Radar Systems 809.00 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0175 220/12 neck band & 12 temple band assemblies 599.76 01 General Fund NAPA AUTO PARTS mower oil - qty 13 42.77 01 General Fund NAPA AUTO PARTS snow plow wiring parts on fleet truck 20 17.24 01 General Fund NAPA AUTO PARTS Wiper Blades for SWAT Van Unit # 29 12.98 01 General Fund NORCO cylinder rental for welding gas - December 2018 42.16 01 General Fund OFFICE DEPOT, INC.1310/Lanyards 20.52 01 General Fund OFFICE DEPOT, INC.1310/Paper 27.76 01 General Fund OFFICE DEPOT, INC.220/credit for returned folders, Inv. #248207163001 (52.62) 01 General Fund OFFICE DEPOT, INC.220/Toner, Deskpad, paper, envelopes 295.60 01 General Fund OFFICE DEPOT, INC.black printer toner - qty 1 72.57 01 General Fund OFFICE DEPOT, INC.Calendar, Mthly RY19 6x7, Battery, Procell, AA 24/bx 18.06 01 General Fund OFFICE DEPOT, INC.Calendar, Wall, 3-month 8x 5.77 01 General Fund OFFICE DEPOT, INC.Copy paper, mouse, markers 11.08 01 General Fund OFFICE DEPOT, INC.Crtdg, lJ, HP 772, 300ML, LG 107.59 01 General Fund OFFICE DEPOT, INC.keyboard wristrest - qty 1 11.04 01 General Fund OFFICE DEPOT, INC.planner expander disc for Eunice 3.36 01 General Fund OFFICE DEPOT, INC.wall business card holder - qty 1 11.41 01 General Fund OFFICE TEAM 19-0165 Temporary Permit Tech for Building Dept 1/4/19 693.00 01 General Fund OFFICE TEAM 19-0165 Temporary Permit Tech for Building Dept 12/21/18 940.50 01 General Fund OFFICE TEAM 19-0165 Temporary Permit Tech for Building Dept 12/28/18 594.00 01 General Fund OFFICE VALUE - MERIDIAN Note Pads, Organizer, Folders, Paperclips, Pens, Plates etc 402.33 01 General Fund OXARC, INC.220/refill 6 medical oxygen cylinders 31.90 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 9 - license C16014 15.00 01 General Fund PAUL'S MERIDIAN STINKER Emissions Test for Unit # 31 15.00 01 General Fund PAUL'S MERIDIAN STINKER fleet truck 12 emissions test 15.00 01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet vehicle #27 28.67 01 General Fund PETERSON AUTO GROUP tow package for fleet vehicle #27 Chevy Equinox 505.40 01 General Fund PORTAPROS, LLC portable toilets for Fuller Park 11/6-11/16/18 418.95 Date: 1/10/19 12:42:37 PM Page: 5Meridian City Council Meeting Agenda January 15, 2019 – Page 305 of 462 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 PORTAPROS, LLC portable toilets for Fuller Park 11/6/18 416.55 01 General Fund RANDY S LATTIMER instructor fee - Line Dancing 9/2-12/23/18 - qty 22 448.00 01 General Fund REAL ANIMAL MANAGEMENT 19-0141 goose management services - December 2018 2,820.00 01 General Fund RED WING SHOES Safety Boots B. Bjornson 165.74 01 General Fund RED WING SHOES Safety Boots Electrical Inspector J. Bartholomew 199.74 01 General Fund RED WING SHOES Safety Boots for Blsg Inspector K. Pitt 167.19 01 General Fund RESERVE ACCOUNT Postage Use, December 2018, #20474979 1,250.03 01 General Fund RICOH USA, INC Additional Copier Images for CAU - Dec 2018 52.24 01 General Fund RICOH USA, INC Additional Images for Copier in Comm Svc-Dec 2018 62.38 01 General Fund RICOH USA, INC CID Copier Lease for Jan 2019, Additnl Images Dec 2018 527.81 01 General Fund RICOH USA, INC Code Monthly Lease for Jan 2019, Additnl Images for Dec 2018 121.42 01 General Fund RICOH USA, INC Copier Expense 226.95 01 General Fund RICOH USA, INC Patrol Monthly Lease for Jan 2019, Addtnl Images Dec 2018 508.65 01 General Fund RICOH USA, INC Records Monthly Lease for Jan 2019, Addtnl Images Dec 2018 221.53 01 General Fund RICOH USA, INC Ricoh Jan 2019 Lease and Copies 443.50 01 General Fund ROGERS TIRE PROS AND AUTO CARE mower tire flat repair 16.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE studded tires for fleet truck 20 - license C19062 890.00 01 General Fund SALT LAKE WHOLESALE SPORTS 19-0180 Firearms Training Ammuntion 8,383.95 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 12/5-12/19/18 x 6 100.80 01 General Fund SHRED-IT USA, LLC.220/Paper shredding, Fire Admin 33.49 01 General Fund SHRED-IT USA, LLC.Shredding Document for PD 236.25 01 General Fund SIGNS, ETC Inspector Vehicle Lettering Vehicles 7-12 870.00 01 General Fund SILVER CREEK SUPPLY controller pedestal for Settlers Park D clock 1,925.00 01 General Fund SILVER CREEK SUPPLY irrigation parts for Kleiner Park - qty 109 193.52 01 General Fund SONNTAG RECREATION playground parts for Kleiner Park - qty 139 1,573.40 01 General Fund SOUTHERN COMPUTER WAREHOUSE ELI-M120XWH2 Elite Screens 120 16 9 Manual Pull Down 141.19 01 General Fund SOUTHERN COMPUTER WAREHOUSE UAG-UAG-SFPRO4-BLK-VP Urban Armor Gear Surface Pro 4 Scout C 35.40 01 General Fund SOUTHERN IDAHO ELECTRIC electrical outlet installation at Fuller Park 195.00 01 General Fund SOUTHERN IDAHO ELECTRIC restroom door locks for Fuller Park 1,640.55 01 General Fund SPECIALTY CONSTRUCTION SUPPLY ADA signs & posts for Bear Creek Park - qty 18 788.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY floor dry for Lanark Parks Shop - qty 8 163.60 01 General Fund SPECIALTY CONSTRUCTION SUPPLY Main Street Christmas lights traffic control 342.00 Date: 1/10/19 12:42:37 PM Page: 6Meridian City Council Meeting Agenda January 15, 2019 – Page 306 of 462 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 STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF021, repair driver window, driver foot switch 1,614.81 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF024, remove router, repair pass side window 467.42 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF027, front & rear brake replacement 1,729.79 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF028 replace battery, parts for backup camera 605.60 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF029, BR35, pump trans oil, modify intake plumbing, 1,225.00 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF030, repair brake light switch 224.05 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF035, passenger side mirror repair 307.35 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF041, Coolant leak 216.74 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF045, install radio, TIC charger, MDT & KNOX, modify 2,670.31 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc MF028 158.52 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc MF040 1,113.45 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/Prev Mtnc MF041 790.31 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/repair MF014, tank fill valve & air horn 195.07 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/repair MF019, tank fill valve, front wheel bearings,6,050.13 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/repair MF019, waterleak pump area, horn switch,1,546.07 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/repair MF028, knox box power cable 108.37 01 General Fund STERLING CODIFIERS INC Codification Expense 500.00 01 General Fund SUNROC CORPORATION drain rock & dump fees for Kleiner Park - qty 11 tons 166.53 01 General Fund SYNCB/AMAZON basketball equipment - whistles with lanyards - qty 6 47.34 01 General Fund SYNCB/AMAZON Cheetah APTMM2B TV Wall Mount for 20-70 TVs up 40.45 01 General Fund SYNCB/AMAZON Energizer Zero Mercury Alkaline Batteries A23 2 ea 3.99 01 General Fund SYNCB/AMAZON First Aid Kits for Inspector Vehicles 7-12 41.94 01 General Fund SYNCB/AMAZON Wall Coat rack for B. Bjornson 22.02 01 General Fund TARGETSOLUTIONS LEARNING , LLC.TS Checkit-A, TS Checkit-V 3,325.00 Date: 1/10/19 12:42:37 PM Page: 7Meridian City Council Meeting Agenda January 15, 2019 – Page 307 of 462 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 TATES RENTS (GENERAL OFFICE)tree limb chipper rental for Fuller Park 12/17-12/21/18 872.00 01 General Fund THE INTERVIEWS AND INTERROGATION INSTITUTE Training Registration, A. Horvarth, Interview & Intog., Bois 499.00 01 General Fund THE LAND GROUP, INC.Five Mile Creek Pathway, Segment H2 Right-of-Way - 12/2018 1,280.00 01 General Fund THE UPS STORE Postage to Send BWC back for Replacement 22.00 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 46.35 01 General Fund TOTAL SYSTEM SERVICES Homecourt court #1 moisture trouble shooting 82.00 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLOxp Charges & Credits 405.53 01 General Fund TREASURE VALLEY COFFEE Tea, Hot Choc. Cream, Sugar, Coffee, cups, cooler rental 302.35 01 General Fund ULTRA TOUCH CAR WASH Full Service Car Wash for Unit # 15 16.10 01 General Fund UNIFORMS 2 GEAR Attach Patches to Sample Jacket 56.90 01 General Fund UNIFORMS 2 GEAR BDU Pants Replacements for Littleton, Damaged on Duty 83.72 01 General Fund UNIFORMS 2 GEAR Embroidery on Test Shirt for Traffic Team 31.45 01 General Fund UNIFORMS 2 GEAR New Hire Code Safety Vest 54.99 01 General Fund UNIFORMS 2 GEAR New Hire Pants, Code Enforcement - Halstead 35.51 01 General Fund USSSOA 19-0051 Volleyball officiating 12/10-12/14/18 - qty 48 games 1,071.84 01 General Fund VALLEY REGIONAL TRANSIT FY 2019 Regional Dues & svcs contribution 295,020.00 01 General Fund VICTORY GREENS bark for Fuller Park - qty 2 yards 55.90 01 General Fund WAHOOZ FAMILY FUN ZONE Annual City Employee Meeting 5,442.95 01 General Fund WEIDNER & ASSOCIATES 220/parts for SCBA Compressor repair 191.75 01 General Fund WESTVET Emergency & On-Going Vet Car for K9 Wyatt 360.00 01 General Fund WOODY'S OUTDOOR POWER, INC.hedge trimmer part - qty 1 49.36 01 General Fund XEROX CORPORATION - PASADENA Xerox 7845 base 12/2018; click 11/21-12/20/18; MX4-506016 551.89 01 General Fund ZONES 19-0161 Mobile Dock C5/F5 - Series w/Key Lock, 12V Auto Adap 2,480.00 01 General Fund ZONES 19-0161 USB Keyboard by iKey 2,415.00 01 General Fund ZONES 19-0161 Warranty, 5 year Xdefend 3,850.00 01 General Fund ZOOMGRANTS Account Subscription One year of access to features/tools Ma 2,500.00 Total 01 General Fund 840,213.23 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY progress camera download at Discovery Park 54.00 07 Impact Fund KAY PARK-REC CORP aluminum bleachers for Discovery Park - qty 6 3,679.80 Date: 1/10/19 12:42:37 PM Page: 8Meridian City Council Meeting Agenda January 15, 2019 – Page 308 of 462 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 07 Impact Fund KAY PARK-REC CORP contour benches for dog park at Discovery Park - qty 4 3,587.40 07 Impact Fund RICE FERGUS MILLER INC 18-0501 220/2nd phase design services St. 6 81,016.04 07 Impact Fund SUNBELT RENTALS telehandler for water play log at Discovery 12/20-12/21/18 430.95 07 Impact Fund THE LAND GROUP, INC.18-0466 A & E services for Discovery Park - December 2018 4,022.50 Total 07 Impact Fund 92,790.69 20 Grant Fund governmental RESERVE ACCOUNT Postage Use, December 2018, #20474979 2.73 Total 20 Grant Fund governmental 2.73 60 Enterprise Fund ACEM 2nd qtr membership contributions FY2019 4,389.38 60 Enterprise Fund ADA COUNTY PROCESSING CENTER Release of Liablity, #A78978, sale at Musick Auction 12/6/18 3.50 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC HVAC FIlters for Well Sites Qty 36 170.16 60 Enterprise Fund AMERICAN PUBLIC WORKS ASSOCIATION APWA CPII exam fees for Dave Heaton 300.00 60 Enterprise Fund BOE - Boise Office Equipment Copier Lease Jan 2019 275.80 60 Enterprise Fund BOE - Boise Office Equipment Copies Dec 2018 159.73 60 Enterprise Fund BOISE CALIBRATION SERVICE Backflow Test Kit WWTP Reclaimed Qty 1 95.00 60 Enterprise Fund BOISE MOBILE EQUIPMENT, INC Light Bar Installation C20663 390.00 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Riemuburse Petty Cash December 2018 30.81 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Street Connection Qty 25 265.21 60 Enterprise Fund COMMUNITY PLANNING ASSOC 2nd Qtr FY19 membership contribution 11,729.25 60 Enterprise Fund D & B SUPPLY Tamper 10x10 Steel Qty 1 39.99 Date: 1/10/19 12:42:37 PM Page: 9Meridian City Council Meeting Agenda January 15, 2019 – Page 309 of 462 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 DARLENE & FRANKLIN BRAMON Customer overpd 1961 N Locust Grove 209.40 60 Enterprise Fund EL-ADA, INC.El-Ada December 2018 21.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.City Asset Abondment parts, Gasket & Bolt Kit, Blind Flange 613.57 60 Enterprise Fund FERGUSON ENTERPRISES INC.City Asset Abondment, Parts single strap Saddle @ PRV9 Qty 1 62.86 60 Enterprise Fund FERGUSON ENTERPRISES INC.Ring & Cover, Grit Saw Blade Qty 17 1,330.99 60 Enterprise Fund FERGUSON ENTERPRISES INC.Sewer Repair, Bushings, Nipples Qty 27 261.58 60 Enterprise Fund FERGUSON ENTERPRISES INC.Strz Adpt with Cap Qty 2 523.63 60 Enterprise Fund H.D. FOWLER COMPANY Meter Key, Repair Gate Valve, Flange Repair Kit Qty 13 921.35 60 Enterprise Fund IDAHO POWER 2204228288 Water Power Dec 2018 25,617.11 60 Enterprise Fund IDAHO TRACTOR, INC Engine Oil & Filter stock for Hino C20663 Qty 8 148.71 60 Enterprise Fund IMPACT PEST SERVICES Pest Control Service @ Admin Bldg 6/14/18 79.00 60 Enterprise Fund IMPACT PEST SERVICES Pest Control Service 12/21/18 79.00 60 Enterprise Fund ISS-WONDERWARE 19-0159 Wondwerware Customer First-Standard Level Renewal, A 21,726.25 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,18-0433,19-0115,19-0116,WRRF Exp.Constas of 12/25/18 413,389.49 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0304,Well 32 construction services 11/1-11/30/18 4,286.00 60 Enterprise Fund METROQUIP, INC.Primary Filters Secondary Filter Qty 2 306.11 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Plug Valves Qty 11 277.23 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Quick Connector Tips Qty 3 61.74 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Street Elbow Qty 7 37.54 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Street Elbow, NPT Bushing Qty 13 47.78 Date: 1/10/19 12:42:37 PM Page: 10Meridian City Council Meeting Agenda January 15, 2019 – Page 310 of 462 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 MYFLEETCENTER.COM Oil/filter change for C19160 Inspections 50.30 60 Enterprise Fund MYFLEETCENTER.COM Signature Oil Change C10815 35.99 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper, hooks, batteried 76.57 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper, mouse, markers 21.78 60 Enterprise Fund OFFICE VALUE - MERIDIAN Carpet Stain Remover Qty 2 19.50 60 Enterprise Fund OVERHEAD DOOR COMPANY Repair, Parts & Labor for replacement of Photo Eye Kit Garag 455.00 60 Enterprise Fund OXARC, INC.19-0010 Soduim Hypochlorite Delivery Qty 1000gl 1,672.00 60 Enterprise Fund OXARC, INC.19-0010 Soduim Hypochlorite Delivery Qty 1840gl 3,041.20 60 Enterprise Fund OXARC, INC.FY19 Sodium Hypochlorite Delivery Qty 1285gl 2,136.55 60 Enterprise Fund OXARC, INC.Inspection & Status record Tags Qty 2 76.66 60 Enterprise Fund POSTNET Postage & Mailing Backflow letters Qty 26 44.18 60 Enterprise Fund POSTNET Postage & Mailing for Backflow Ltrs Qty 106 4.00 60 Enterprise Fund POSTNET Postage & Mailing of Backflow Ltrs Qty 896 203.29 60 Enterprise Fund RECYCLE WASTE SOLUTIONS Dumpster Account closed 3400 N Eagle 488.67 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract December 2018 1,206,804.45 60 Enterprise Fund RESERVE ACCOUNT Postage Use, December 2018, #20474979 206.42 60 Enterprise Fund RICOH USA, INC C86232612 maintanance agreement Envir, copies 12/1-12/31 150.90 60 Enterprise Fund SULLIVAN REBERGER 19-0011, Lobbying fees for December 2018 4,000.00 60 Enterprise Fund SUPERIOR ROOFING Dumpster Account Closed 2929 W Navigator Dr 572.02 60 Enterprise Fund SYNCB/AMAZON 2 mini display port HD Adapters 77.98 Date: 1/10/19 12:42:37 PM Page: 11Meridian City Council Meeting Agenda January 15, 2019 – Page 311 of 462 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 SYNCB/AMAZON Capital Vehicle, Running Boards for New 2019 Ford WP27 472.96 60 Enterprise Fund SYNCB/AMAZON Rapid Hitch Drop Ball, Keyed Locking Pin, Floorliner WP27 Qt 365.73 60 Enterprise Fund TELANSWER, INC After Hour Answering Service 1/1/19 to 1/31/19 119.90 60 Enterprise Fund TYLER PARRISH Reimburse, T. Parrish, water operator exam license fees 87.00 60 Enterprise Fund ULTIMATE LININGS OF IDAHO Spray on Bed Liner for Liftgate C13732 425.00 60 Enterprise Fund UNIVERSITY OF WISCONSIN-EXTENSION PW Constructio inspection skill course for D Heaton 1,195.00 60 Enterprise Fund UNIVERSITY OF WISCONSIN-EXTENSION PW constructio inspection skills course for T Hyslop 1,195.00 60 Enterprise Fund USA BLUEBOOK Blue Dye Tabs, Inverted Paint White, Chlorine Reagent Set Qt 354.12 60 Enterprise Fund USA BLUEBOOK Lead Free Brass Coupling Qty 3 10.50 60 Enterprise Fund USA BLUEBOOK Needle Valve Qty 1 75.95 60 Enterprise Fund WATER ENVIRONMENT FEDERATION WEF Membership, J. Hale, 3/31/19-3/31/20 200.00 Total 60 Enterprise Fund 1,712,487.79 Report Total 2,645,494.44 Date: 1/10/19 12:42:37 PM Page: 12Meridian City Council Meeting Agenda January 15, 2019 – Page 312 of 462 City Council Regular Meeting January 15, 2019 Agenda Item Number: 7 Project File Number: Item Title: Items Moved From Consent Agenda Meeting Notes: City Council Regular Meeting January 15, 2019 Agenda Item Number: 8 A Project File Number: Item Title: Park Identity Public Art Proposal Recommendation Approval Meeting Notes: 1. Champion Park 2. Renaissance Park 1 a, ME lK -,V I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Hillary Blackstone Estimated Time f or P resentation: 5 Title of I tem - Approval of P ar k Identity P ublic Art P roposal Recommendations [Action Item] T he Meridian A rts Commission and Meridian P arks and Recreation Commission would like to recommend two proposals for public art projects to be installed in Champion and Renaissance P arks in 2019. T he recommendation for C hampion Park is called "The Champion's F lame" which was proposed by Trademark. The recommendation for R enaissance Park is called "I lluminations" which was proposed by Ken McCall. B oth proposals are attached f or City Council's review. Hillary will plan to bring the maquettes so that the C ouncil can view models of the pieces. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Champion P ark Trademark P roposal E xhibit 1/10/2019 Renaissance P ark Mc Call P roposal E xhibit 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/11/2019 - 10:36 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 313 of 462 Call to Artists – Request for Proposals: Park Identity at Champion Park Delivered 1/7/2019 Includes: Experience Summary Project Proposal Artwork Descriptions Detailed Project Timeline and Budget ✔ ✔ ✔ ✔ Meridian Arts Comission Meridian City Council Meeting Agenda January 15, 2019 – Page 314 of 462 Trademark is a full-service design and fabrication studio located in Boise, Idaho specializing in experiential design, wayfinding, and public art installation. What sets us apart is our ability to bring our vision and designs into the physical realm. As a full-functioning, mixed-media studio, we oversee each unique project from inception to completion. Our Trademark is creating fine art with functionality. John Yarnell Founder, Co-Owner, Trademark Design and Fabrication 2009-Present Seventeen years working as a designer and graphic artist. John is a principal designer and art director at Trademark. Highly skilled in sculpture and dimensional design, John leads with vision and meticulous attention to detail, making him the driving force behind Trademark’s aesthetic. Jason Keeble Founder, Co-Owner, Trademark Design and Fabrication 2009-Present Nineteen years working as a designer and graphic artist Jason is a multi-disciplinary artist and art director at Trademark. He is versatile in multiple mediums including painting, illustration, technical design, and hand lettering. Experience Summary Who We Are Lead Artists Park Identity at Champion Park Meridian City Council Meeting Agenda January 15, 2019 – Page 315 of 462 John Yarnell Trademark Creative John@tmsignco.com 208.949.1160 Mail 915 W Royal Blvd Boise, ID 83706 Studio Trademark Design & Fabrication 915 W Royal Blvd Boise, ID 83706 trademarkcreative.com PUBLIC ART PERMANENT TEMPORARY 2016 Traffic Box Art Project - Fabrication - Boise, ID 2016 Rhodes Park - Arts-integrated Skate park and Parkour Course -Landmark Letters & Donor Display - Boise, ID Nampa Public Library - Donor Recognition & Wayfinding System - Nampa, ID Julius Kleiner Memorial Park - Scupltural Wayfinding System - Meridian, ID 2016 Broadway Bridge - Interpretive Sign Fabrication Broadway Bridge Mitigation Project - Boise, ID 2016 2012 2015 West End Trail Monuments - Interpretive Display Fabrication - Boise, ID2013 Meridian City Walking Tour - Interpretive Signage - Meridian, ID2015 Central Bench/Central Rim - Neighborhood Identifiers - Boise, ID 2015 Traffic Box Art Project - Fabrication - Boise, ID PROFESSIONAL ORGANIZATIONS CV/Resume 2015 Bus Shelter Wrap Project - Fabrication - Boise, ID Keep Moving People - Fabrication and Consultation - Valley Regional Transit Center - Boise, ID Trevor’s Trek - Cancer Survivor Stanchions - Julia Davis Park- Boise,ID2014 2016 Historic Downtown Meridian - Iconic Landmarks - Fabrication and Consultation Meridian, ID 2014 Traffic Box Art Project - Fabrication - Boise, ID 2012 Meridian Park Identities Public Art Roster- Member 2016 Wayfinding System- Treefort Music Festival- Boise, ID 2015 Entryway Arch- Treefort Music Festival- Boise, ID 2016 Lusk District Bike Rack - Lusk District - Boise, ID Jason Keeble Trademark Creative Jason@tmsignco.com 208.949.1160 2018 Traffic Box Art Project - Fabrication - Boise, ID 2017 Valley Regional Transit - signage package, custom art wall, wayfinding and directional signage - Boise, ID 2018 MK Nature Center - Arts-integrated signage, interactive learning elements & Donor Display - Boise, ID Park Identity at Champion Park Meridian City Council Meeting Agenda January 15, 2019 – Page 316 of 462 Artwork Description Primary Art Piece: The Champion’s Flame Supporting Signage Park Identity at Champion Park The Champion’s Flame is a sculptural representation of the competitive spirit. The Champion’s Flame would consist of several parts: a tiered concrete base, a metal bowl meant to house the flame, a javelin that would stand vertically from the center, and twisting metal flames. The flames would be painted a shiny metallic gold on one side, and a brilliant red on the other, catching the eye, and playing with perspective and light. There are several opportunities for messages or quotes from past champions to be integrated into the sculpture, either around the second tier of the concrete base, or plasma cut into the bowl shape at the sculpture’s base. Lastly, durable outdoor lights would be integrated into the sculpture, shining upwards, creating a beautiful and dynamic flame sculpture at night. Our bid includes a replacement to the current entrance sign. We propose a similar placement and construction, but with an attractive and complementary sign that links the park’s signage to the art piece further within the park. Design Revisions We want the Meridian Arts Commission to understand these are design concepts, not final designs. We have included in our bid additional design time to take feedback from the Commission and fold those into our finalized production designs. Meridian City Council Meeting Agenda January 15, 2019 – Page 317 of 462 Timeline and Budget Itemized Budget Park Identity at Champion Park Ÿ Concrete base design and subcontracting: $18,000 Ÿ Electrician subcontracting: $3,000 Ÿ The Champion’s Flame materials: $6,600 Ÿ Park Entrance Sign materials: $2,325 Ÿ Labor (includes design, engineering, fabrication, and installation): $10,190 Pre-tax total: $37,115 Detailed Timeline Trademark is currently undertaking some very large projects, and our fabricators are already heavily scheduled until the end of June. We will be able to integrate creative revisions, engineer our final designs, and coordinate any subcontracted labor in the spring and early summer, but it’s doubtful we will be able to install these projects until August. Ÿ 4/1 Designs Completed and Approved Ÿ 5/1 Begin Fabrication Ÿ 6/1 Begin Concrete and Electrical Work Ÿ 7/1 Install post sign Ÿ 8/1 Install Champion’s Flame Meridian City Council Meeting Agenda January 15, 2019 – Page 318 of 462 C i t y o f M e r i d i a n | T h e C h a m p io n ’s F l a m e Meridian City Council Meeting Agenda January 15, 2019 – Page 319 of 462 C i t y o f M e r i d i a n | T h e C h a m p io n ’s F l a m e Meridian City Council Meeting Agenda January 15, 2019 – Page 320 of 462 C i t y o f M e r i d i a n | T h e C h a m p io n ’s F l a m e Meridian City Council Meeting Agenda January 15, 2019 – Page 321 of 462 C i t y o f M e r i d i a n | C h a m p i o n Par k m a i n e n t ra n c e s i g n C u s t o m c u t d i m e n s i o n a l l e t t e r in g o n p a i n t e d a l u m in u m p a ne l Meridian City Council Meeting Agenda January 15, 2019 – Page 322 of 462 C i t y o f M e r i d i a n | C h a m p i o n Par k m a i n e n t ra n c e s i g n C u s t o m c u t d i m e n s i o n a l l e t t e r in g o n p a i n t e d a l u m in u m p a ne l Meridian City Council Meeting Agenda January 15, 2019 – Page 323 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 324 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 325 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 326 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 327 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 328 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 329 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 330 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 331 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 332 of 462 City Council Regular Meeting January 15, 2019 Agenda Item Number: 8 B Project File Number: Item Title: Meridian Arts Commission Fire Station No. 6 Request for Approval for Proposals Meeting Notes: PO �✓ APPROM I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Hillary Blackstone Estimated Time f or P resentation: 3 Title of I tem - Approval of M er idian Arts C ommission's F ire Station #6 Request for Proposals [Action Item] T he Meridian A rts Commission has worked with the F ire D epartment to produce a Call to A rtists for public art that is planned to be installed at F ire S tation #6. MA C would like Council's approval to release this C all to Artists so that we can consider projects for this space. A s always, project recommendations also have to be approved by City Council before they may start. Our goal is to have artwork installed at the site in time f or the building's dedication/grand-opening in 2020. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate R F P F ire Station #6 E xhibit 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/10/2019 - 2:16 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 333 of 462 Request for Proposals – Fire Station #6 Public Art Project Page 1 of 3 Call to Artists – Request for Proposals: Fire Station #6 Public Art Project PROJECT DESCRIPTION: The Meridian Arts Commission (MAC) and Meridian Fire Department (MFD) invite artists to prepare proposals for a public art project that would be installed in front of Fire Station #6, which will be constructed at 1435 W. Overland Road and completed around March 2020. The public art at Fire Station #6 should be freestanding, safe and hazard-free, low-maintenance, durable, suitable for outdoor installation, visible from the roadway and welcoming to visitors at the facility. The artwork installed at Fire Station #6 should feature imagery related to the work of MFD. MERIDIAN FIRE DEPARTMENT: The Mission of MFD is “to protect and enhance our community through professionalism and compassion.” Their Vision is “a premier organization recognized for providing a safe community through professionalism, innovative actions, and community involvement.” MFD is committed to the safety and education of the community it serves. MFD has four divisions: Operations, Prevention, Planning, and Administrative Support. More information about MFD and its related associations is online at https://meridiancity.org/fire/index.html. SITE DESCRIPTION: Fire Station #6 will be Meridian’s newest station, located in south Meridian. The site for the public art is in front of the station, between the front doors and Overland Road. The art will need to be installed into concrete near the flag pole. Electric power will be available. The image below was presented to City Council in December 2018. The concrete area near the flagpole is the general area that the artwork would be installed. Meridian City Council Meeting Agenda January 15, 2019 – Page 334 of 462 Request for Proposals – Fire Station #6 Public Art Project Page 2 of 3 ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. Teams of artists, designers, and/or engineers are welcome to apply. Treasure Valley artists are encouraged to apply. Incomplete or late submissions will be deemed ineligible and will not be considered. BUDGET: A budgeted amount of $30,000 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. No stipend is available for preparation of initial proposals. Up to three finalists may be asked to participate in a second round of selection, including preparation of maquettes and presentation to a selection panel. In the second round, a stipend of $200 will be available to the selected finalists for preparation of maquettes and proposal presentations, following submission of a completed W-9 form and execution of a written agreement with the City of Meridian. 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 January 23, 2019. 2. Proposals accepted. To be considered for this project, the following materials must be submitted to MAC, by 12:00 PM, on Friday, March 15, 2019, at 33 E. Broadway Avenue Suite 104, Meridian, ID 83642 or by e-mail to mac@meridiancity.org: a. A summary of the artist’s or team’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; c. Artwork description(s) including materials to be used, dimensions, anticipated maintenance, etc.; and d. Detailed project timeline, project budget with itemized costs. 3. Proposals reviewed. Selection panel identifies finalists – criteria here. 4. Finalists notified. Agreement, stipend, prepare maquettes. 5. Finalist Proposal Presentations. MAC may invite the finalists to present their proposals and maquettes to the selection panel at a public meeting on Thursday, May 16, 2019. This presentation is tentatively scheduled to take place at 4:30 PM at Meridian City Hall. 6. Selection Panel Review. 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 of proposed artwork with City policy and community values. (20 points) Meridian City Council Meeting Agenda January 15, 2019 – Page 335 of 462 Request for Proposals – Fire Station #6 Public Art Project Page 3 of 3 7. Recommendation to City Council. The selection committee may select one proposed project to recommend to MAC. MAC will evaluate the proposals, considering the selection committee’s recommendation, the criteria set forth above, as well as any input from members of the public, the selection committee, or MFD submitted during the evaluation of the proposals. MAC will present its recommendation to Meridian City Council on Tuesday, June 18, 2019. City Council may approve the recommendation, reject all proposals, and/or recommend that the RFP be reissued. The selected proposer and others not selected will be notified of City Council’s decision via e-mail by Wednesday, June 19, 2019. 8. Agreement; award. Following selection and negotiation and execution of a written agreement with the City, the selected proposer will be awarded the project upon City Council’s approval. 9. Selected proposal installed. The selected artist will fabricate and install the artwork, in accordance with a written agreement with the City, and within the project’s final budget and timeline. ESTIMATED TIMELINE: □ January 23, 2019 Call to Artists (RFP) issued □ March 15, 2019 Deadline for submission of completed initial proposals □ By March 21, 2019 Selection panel meets to review initial proposals, select finalists □ By March 25, 2019 Finalists notified □ May 30, 2019 Finalist presentations to selection panel □ By May 31, 2019 Selection panel evaluation, recommendation determined □ By June 13, 2019 Recommendation presented to MAC for approval □ By June 18, 2019 MAC and MFD co-present recommendation to City Council □ June 19, 2019 Selected and not-selected finalists notified □ By July 12, 2019 City provides selected artist with proposed agreement □ By August 7, 2019 Deadline for selected artist’s signed agreement with City □ By August 13, 2019 Agreement approved by City Council; signed by Mayor □ October 2019 Fabrication begins □ Per Task Order Installation (Expected between February and March 2, 2020) Please contact MAC via email (mac@meridiancity.org) or phone (208-489-0422) with any questions. Thank you for your interest! Meridian City Council Meeting Agenda January 15, 2019 – Page 336 of 462 City Council Regular Agenda January 15, 2019 Agenda Item Number: 9 A Project File Number: Item Title: Termination on Service Agreement MOU Bike Sharing Services dated September 25, 2018 Meeting Notes: with Neutron Holdings, Inc., dba Lime 9 APPROIED I TEM SHEET C ouncil Agenda I tem - 9.A . Presenter: Bill Nary Estimated Time f or P resentation: 1 minute Title of I tem - Termination of S eptember 25, 2018 Service Agreement M O U - Bike Sharing Services with Neutron Holdings, Inc., doing business as Lime C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate Memo and L etter Cover Memo 1/11/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 1/10/2019 - 12:44 P M L egal.B aird, Ted Approved 1/10/2019 - 1:16 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 337 of 462 City Attorney’s Office  33 E. Broadway Avenue, Suite #306  Meridian, ID 83642 Phone 208-898-5506  www.meridiancity.org MEMORANDUM January 10, 2019 TO: Meridian City Council Mayor Tammy de Weerd FROM: Bill Nary, City Attorney Meridian City Attorney’s Office RE: September 25, 2018 MOU with Lime for use of City property On September 25, 2018, the City and Neutron Holdings, Inc., dba Lime, entered into a Service Agreement MOU – Bike Sharing Services establishing terms and conditions for Lime’s use of City property to operate a “bike share program.” Following Lime’s rollout of the program shortly thereafter, the City asked Lime to suspend operations. The MOU remained in effect. On January 8, 2019, my office presented to City Council a draft ordinance regarding vehicle sharing programs like Lime’s. The ordinance includes a comprehensive regulatory framework that, if and/or when it is adopted by City Council, will render the MOU superfluous. For this reason, it is the recommendation of this office that the City terminate its MOU with Lime. The relevant provision of the MOU states that we are to provide at least sixty days’ notice of termination. My recommendation is that City Council authorize my office to send a notice of termination to Lime (see attached sample), effective on March 16, 2019, which is sixty days from the City Council meeting on January 15, 2019. Meridian City Council Meeting Agenda January 15, 2019 – Page 338 of 462 E IDIZIAN�- �J January 16, 2019 Neutron Holdings, LLC One Sansome Floor 21 San Francisco CA 94104 Mayor Tammy de Weerd City Council Members: Luke Cavener Joe Borton Ty Palmer Genesis Milam Treg Bemt Anne Little Roberts RE: NOTICE OF TERMINATION of September 25, 2018 Service Agreement MOU— Bike Sharing Services Dear Sir or Madam: Pursuant to provision 13(a) of the attached Service Agreement MOU— Bike Sharing Services ("MOU"), entered into between the City of Meridian and Neutron Holdings, Inc., dba Lime, the City of Meridian hereby terminates the MOU. The City of Meridian intends to adopt a comprehensive regulatory ordinance that will govern Lime's operation in Meridian, upon which the MOU will no longer be necessary. This termination shall be effective on March 16, 2019, Encl. Sincerely, ',01-7.J William L.M. Nary City Attorney City Attorney's Office ■ 33 E. Broadway Avenue, Suite #306 ■ Meridian, ID 83642 Phone 208-898-5506 ■ www.meridiancity.org Service Agreement MOU - Bike Sharing Services 43, This Memorandum of Understanding (MOU) is made this2(day) ofSQ4-, (month) 2018, by and between the City of Meridian Idaho, and Idaho Municipal Corporation ("City") and Neutron Holdings, Inc. DBA Lime ("Lime"). RECITALS 1. A goal of City is to provide safe and affordable multi -modal transportation options to all residents, reduce traffic congestion, and maximize carbon free mobility. 2. City 7s a municipal corporation in Ada County, Idaho, and within its borders, all public highways, public streets, and public rights-of-way are under the jurisdiction and exclusive general supervisory authority of the Ada County Highway District which is not a party to this Agreement. 3. Bike share and related services are a component to help the City achieve its transportation goals and the City desires to make bike share services available to residents and those who work in the City. 4. Lime is a provider of bike share and related mobility products and services and proposes to operate a bike share program within the City. 5. Lime will abide by all city, county, and state laws, ordinances, and rules governing the use of public space to efficiently and effectively provide bike share services. 6. Lime possesses GPS, 3G, and self-locking technology in its bike fleet such that bikes may be locked and opened by users with an app and tracked to provide for operations and maintenance. Agreement 1. Use of City Property. City authorizes Lime to use City Property (as defined below) solely for the purposes set forth in Section 2 of this Agreement. This authorization is not a lease, easement, franchise, or any form of exclusive provider relationship and is not intended and shall not be construed to transfer any real property interest in City Property. 2, Permitted Use. Lime customers may use designated areas of City Property solely for parking of bicycles (as defined below) owned and maintained by Lime for use in the bike share program. Lime shall not place or attach any personal property, fixtures, or structures to City Property without the prior written consent of City. a. Use of city property, and Lime's operations within the City, shall, at a minimum: a) not adversely affect City Property; b) not adversely affect the property of any third parties; c) not inhibit pedestrian or vehicular movement within City Property and public rights-of-way, and d) not create conditions which are a threat to public safety and security. b. Upon termination of this MOU by either party, Lime shall, at its sole cost and Exhibit A Description of Lime's Service Level Agreement The following performance indicators shall be met and reported to help the City measure success serving its citizens by improving livability and mobility. Lime will maintain its bikes to be in an excellent state of cleanliness and repair, with a minimum of 90% of deployed bikes operable at any time. Performance Description Measurement Minimum Performance Reporting Indicator Tool Standard Frequency App & customer Lime reservation Uptime 99.5% uptime. quarterly service support system fully reporting portal operational Bicycle Maps identifying Maps showing Fleet will focus on serving quarterlydistributiontrendsinpeakaggregatetheCityofMeridian bike distribution usage patterns Bicycles in Bikes in service Daily uptime Deploy and maintain a quarterly service reports minimum of 200 bicycles in service in any calendar month. Bicycles will be phased into deployment over a 6 week period and can be increased based on usage and demand. Report- Response time Time relative to Within two (2) hours quarterly responsive to improper bike report logs during business hours parking / other between 8am to 8pm problems Monday through Friday communicated except for State and to Customer Federal holidays. Service For any complaint outside of business hours, within two hours (2) of start of business hours Meridian City Council Meeting Agenda January 15, 2019 – Page 345 of 462 expense, immediately remove its property from city property. c. For the purposes of this Agreement, "bicycles", "bike fleet" or "bikes" refer to standard pedal bicycles, electric assist model bicycles, and/or electric scooters. Electric assist bicycles and electric scooters shall have motors no larger than 250 watts and a top speed of 14.8 miles per hour. d. For purposes of this Agreement, "City Property" shall refer to all City Public Parks, City -operated public pathways, and certain portions of the downtown core sidewalks that are administrated by City under license from the Ada County Highway District. 3. Bike parking. The City, at its own discretion, will support the bike sharing program with the installation of bike racks and/or painted bike parking spots, and recommended bike parking spots without racks or painting, in the City to assist with the orderly parking of bikes throughout the City. 4. Condition of City Property a, City makes city property available to Lime in an "as is" condition. City makes no representations or warranties concerning the condition of city property or its suitability for use by Lime or its customers, and assumes no duty to warn either Lime or its customers concerning conditions that exist now or may arise in the future. b. City assumes no liability for loss or damage to Lime's bikes or other property. Lime agrees that City is not responsible for providing security at any location where Lime's bikes are stored or located, and Lime hereby waives any claim against City in the event Lime's bikes or other property are lost or damaged. 5. Maintenance and Care of portion of City property: Lime expressly agrees to repair, replace or otherwise restore any part item of real or personal property that is damaged, lost or destroyed as a result of the Lime's use of City Property. Should the Lime fail to repair, replace or otherwise restore such real or personal property, Lime expressly agrees to pay City's costs in making such repairs, replacements or restorations. F,. _Operations & Maintenance. Lime will cover all maintenance costs for the bike fleet and maintenance to minimum level of service and reporting outlined in Exhibit A. Any inoperable bicycle or any bicycle that is not safe to operate shall be removed from City Property or the public right-of-way within 24 hours of notice to Lime by operator or City. City shall be provided with at least one Master Key to allow City personnel to immediately and without notice unlock and remove any bicycle that is parked on City Property or in the public right-of-way that creates a public hazard, or if Lime fails to respond within the 24 hour period under the non -emergency conditions set forth in this paragraph_ City reserves the right to charge Lime an administrative fee of up to $250 for each incidence where a City personnel is required to unlock and remove a bicycle pursuant to this paragraph. 7. Indemnification. Lime shall defend, pay, indemnify and hold harmless City, its officers, officials, employees, agents, invitees, and volunteers (collectively "City Parties") from ail claims, suits, actions, damages, demands, costs or expenses of any kind or nature by or in favor of anyone whomsoever and from and against any and all costs and expenses, including without limitation court costs and reasonable attorneys' fees, resulting from or in connection with loss of life, bodily or personal injury or property damage arising directly or indirectly out of or from or on account of: Any occurrence upon, at or from City Property or occasioned wholly or in part by the entry, use or presence upon City Property by Lime or by anyone making use of City Property at the invitation or sufferance of Lime, except such loss or damage which was caused by the sole negligence or willful misconduct of City. Use of Lime's bikes by any individual, regardless of whether such use was with or without the permission of Lime, including claims by users of the bikes or third parties. Insurance. Lime shall procure and maintain for the duration of this Agreement insurance against claims for which Lime has indemnified the City pursuant to Section a of this Agreement. Lime shall maintain General Liability limits no less than One Million and no/100 Dollars ($1,000,000.00) per occurrence for bodily injury, personal injury and property damage, and in the sum of One Million and no/100 Dollars ($1,000,000.00) for injury to or death of more than one person for each occurrence. Each insurance policy shall name the City as an additional insured and it shall be endorsed to state that: (i) coverage shall not be suspended, voided, or cancelled by either party, or reduced in coverage or in limits except after thirty (30) calendar days prior written notice by certified mail, return receipt requested, has been given to City; and (ii) for any covered claims, the Lime's insurance coverage shall be primary insurance as respects the City and any insurance or self-insurance maintained by the City shall be in excess of the Lime's insurance and shall not contribute with it. The insurance required to be provided herein, shall be procured by an insurance company approved by City, which approval shall not be unreasonably withheld. 9. Compliance with Law. Lime at its own cost and expense, shall comply with all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its use of public rights-of-way and the operation of its bike share program, including but not limited to laws governing operation of bicycles and motor vehicles_ If any license, permit, or other governmental authorization is required for Lime's lawful use or occupancy of City Property or public rights-of-way or any portion thereof, Lime shall procure and maintain such license, permit and/or governmental authorization throughout the term of this Agreement. 10. Required Reports. Lime shall provide reports free of charge to the City concerning utilization of its bikes and bike route usage not less than quarterly, and shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. 11. No Joint Venture. Nothing herein contained shall be in any way construed as expressing or implying that the parties hereto have joined together in any joint venture or liability company or in any manner have agreed to or are contemplating the sharing of profits and losses among themselves in relation to any matter relating to this MOU. 12. Term. This Agreement shall commence on the day of 2018, (the "Commencement Date") and shall expire on the date that is Two (2) years after the Commencement Date unless earlier terminated pursuant to Section 14, below. 13. Termination. This MOU may be terminated prior to the expiration date set forth in Section 12, above, upon the occurrence of any of the following conditions: a. Upon delivery of written notice from City to the Lime terminating this Agreement for any reason, or for no reason, by giving at least sixty (60) days` notice to the Lime of such termination. b. An attempt to transfer or assign this Agreement, Lime shall not terminate this Agreement without first by giving at least 180 days' written notice of plans for termination. 14. Amendment. This MOU may be amended by mutual agreement of the parties. Such amendments shall only be effective if incorporated in written amendments to this Agreement and executed by duly authorized representatives of the parties. 15. Permits. The City shall notify Lime of any local permits required, if any, of the company for its local operation. 16. Applicable Law and Venue. The laws of the State of Idaho shall govern the interpretation and enforcement of this MOU. 17. Incorporation of Recitals. The parties confirm the accuracy of the Recitals set forth in this Agreement and the same are incorporated herein as part of this Agreement. 18. Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. 19, Notices. All notices connection with this Agreement, or communications that either party desires or is required or permitted to give or make to the other party under this Agreement shall only be deemed to have been given, made and delivered, when made or given in writing and personally served, or deposited in the United States mail, certified or registered mail, postage prepaid, or sent by reputable overnight courier (e.g., FedEx) and addressed to the parties as follows: a. City of Meridian, Attention City Clerk, 33 E Broadway Avenue, Meridian Idaho 83642 ( t'11 C i, ? q I O b. Lime: Ong' J1 Sa•�,t lUer '� 1 sc t.�c 1}�a 20, Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement. 21. Fleet Management. Bike shall be "smart bikes" which allow the bike itself to be tracked by GPS or other installed devise in order to manage the fleet's operations. Executed the day and year first above written, by the parties as follows: Neutron Holdings, dba Lime: By: Name: cxs•` fJt I r Title: Vkw r 0eNCk e t ";PL City of [Meiidlan ] V _ • Title: MQV or. Meridian City Council Meeting Agenda January 15, 2019 – Page 344 of 462 City Council Regular Agenda January 15, 2019 Agenda Item Number: 9 B Project File Number: Item Title: Ordinance No. 19-1803 Meeting Notes: Amending Title 1 Chapter 8, Sections 1, (Appointments By Mayor) And Adding A New Section Of The Meridian City Code, Title 1, Section 8F, Sections 1-2 (Chief Information Officer/Information Technology Director); Providing for a Waiver of the Reading Rules; and Providing for an Effective Date. 9 I TEM SHEET C ouncil Agenda I tem - 9.B . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1803: Amending T itle 1 C hapter 8, S ections 1, (Appointments B y M ayor) And Adding A New S ection Of T he M eridian C ity Code, T itle 1, S ection 8F, Sections 1-2 (C hief Information O fficer/Information Technology Dir ector); P roviding for a Waiver of the Reading Rules; and P roviding for an Effective Date. C hief inf ormation Of f icer/I T D irector O rdinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate C I O Ordinance Ordinance 1/10/2019 C I O Summary Ordinance 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 1/10/2019 - 1:26 P M L egal.B aird, Ted Approved 1/10/2019 - 1:28 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 346 of 462 CITY OF MERIDIAN ORDINANCE NO. 19-1803 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 1 CHAPTER 8, SECTIONS 1, (APPOINTMENTS BY MAYOR) AND ADDING A NEW SECTION OF THE MERIDIAN CITY CODE, TITLE 1, SECTION 8F, SECTIONS 1-2 (CHIEF INFORMATION OFFICER/INFORMATION TECHNOLOGY DIRECTOR) PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor is the Chief Executive Officer of the City and in that capacity may determine the most efficient and expedient operational needs of the City; and WHEREAS; the Chief Information Officer/Information Technology Director has a significant role in the operations and management the City’s technology and information systems and services; and WHEREAS; the City Council as the governing board of the City have a role and responsibility in the appointment of the Support Services Director; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 8, Section 1 is hereby amended as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. The Mayor, with the consent of the City Council, shall appoint the following department officials of the City of Meridian: City Attorney, Public Works Director, Chief of Police, Fire Chief, Community Development Director, Parks and Recreation Director, and Chief Financial Officer/Information Support Services Director (City Treasurer), Human Resources Director, and Chief Information Officer/Information Technology Director. The Mayor, with the consent of the City Council, may add, eliminate, or change other appointed positions as necessary to effectively operate the City. B. Pursuant to the Idaho Code the Mayor with the consent of the City Council shall appoint a City Clerk. Meridian City Council Meeting Agenda January 15, 2019 – Page 347 of 462 Section 2: That Title 1, Chapter 8F, Sections 1-2 is hereby added as follows: ARTICLE F. CHIEF INFORMATION OFFICER/INFORMATION TECHNOLOGY DIRECTOR 1-8F-1: APPOINTMENT; TERM OF OFFICE: 1-8F-2: DUTIES: 1-8F-1: APPOINTMENT; TERM OF OFFICE: A. The Chief Information Officer (CIO)/Information Technology Director shall be appointed by the mayor, with the consent of the city council, and shall hold office unless removed pursuant to section 1-8-1 of this chapter. B. The Chief Information Officer (CIO)/Information Technology Director may hire staff as may be required to carry out the duties set forth herein. Such staff shall serve under the supervision of the Chief Information Officer 1-8F-2: DUTIES: It shall be the duty of the Chief Information Officer (CIO)/Information Technology Director and any staff acting under the authority thereof to: A. Directs and supervises technical staff in planning, development and implementation of technology and telecommunications systems; and B. Provides leadership to Mayor, Council and department heads regarding alignment of technology with City business initiatives, policy and strategic objectives; and C Recommends and implements short-term and long-term technology strategies, plans and budgets to City management. and D. Establish and maintain records and reports in sufficient detail to furnish all information necessary for proper administration of departmental activities and to form the basis for reports required by the mayor and city council; and E. Prepares the department budget. Administers, directs and participates in development of the department operating and capital projects budget; and F. Responsible for the development, review, and certification of all back-up, disaster recovery, business continuity procedures and plans for Information Technology; and G. Attend the meetings of the city council to provide information technology advice as requested by the mayor or city council; and H. Responsible for the security of the organization’s information systems and related assets. Meridian City Council Meeting Agenda January 15, 2019 – Page 348 of 462 Section 3: 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 15 day of januavv , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this I Jday of )(Irlun Cq 2019. APPROVED:_r__ Tammy de NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1803 An Ordinance Amending Title 1 Chapter 8, Sections 1, (Appointments By Mayor) And Adding A New Section Of The Meridian City Code, Title 1, Section 8F, Sections 1-2 (Chief Information Officer/Information Technology Director) Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. 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 ffective upon the passage and publation. j op, uST'• C& of Mian Mayor and City Council By: C.Jay Coles, City Cleric z of t o�o&YV - Q �'-A- First Reading: // 151 Xl ( Adopted after fir t reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1803 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. 19-1803 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of January, 2019 William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR THE AMENDMENT OF TITLE 1 CHAPTER 8, SECTIONS 1, (APPOINTMENTS BY MAYOR) AND ADDING A NEW SECTION OF THE MERIDIAN CITY CODE, TITLE 1, SECTION 817, SECTIONS 1-2 (CHIEF INFORMATION OFFICER/INFORMATION TECHNOLOGY DIRECTOR City Council Regular Meeting January 15, 2019 Agenda Item Number: 6 C Project File Number: Item Title: Appointment of Dave Tiede as Chief Information Officer/Information Technology Director Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.C. Presenter: Estimated Time f or P resentation: Title of I tem - Appointment of D ave T iede as Chief Information Officer/Information Technology Director C ouncil Notes: RE V I E WE RS : Department Reviewer Action D ate Clerk.Coles, C.J ay Approved 1/10/2019 - 12:08 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 351 of 462 City Council Meeting Agenda January 15, 2019 Agenda Item Number: 6 D Project File Number: H-2017-0088 Item Title: Public Hearing for Linder Village (H-2017-0088) By Lynx/DMG Real Estate, Located at the SE Corner of N. Linder Rd and W. Chinden Blvd. 1. Request: Annexation and Zoning of 81.51 acres of land from the RUT zoning district in Ada County to the C -C zoning district (63.796 acres) and the R-8 zoning district (17.713 acres) in the city; and 2. Request: Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 2 common lots, and 2 other lots for future right-of- way dedication on 78.13 acres of land in the proposed C -C and R-8 zoning districts; and 3. Request: Variance to the UDC 11-31-1-413.2for 2 accesses via W. Chinden Blvd./SH 2O-26 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 9.D. Presenter: Estimated Time f or P resentation: Title of I tem - Public Hearing Continued from December 18, 2018 for L inder Village (H-2017- 0088) by Lynx/D M G Real Estate, L ocated at the S E corner of N. L inder Rd. and W. C hinden B lvd. 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 Cover Memo 1/10/2019 Minutes from Planning and Z oning Commission B ackup Material 11/26/2018 Related Minutes from City Council 12-18-18 Minutes 1/9/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 12/24/2018 - 10:09 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 352 of 462 City of Meridian - Public Hearing Sign In Form Tools Details and Signatures For Public Hearing Hearing Date: 1/15/2019 Hearing Type: Council Item Number: 9-D Project Name: Linder Village Project No.: H-2017-0088 Active: ❑ Page 1 of 6 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 I WishSign Signature City -State- In Address For Against Neutral To Name Zip Date/Time Testify 1/12/2019 Shreeve 477 W. Dreyfuss Ln. IDAHO X 10:18:10 Natalie PM 1/13/2019 Gavin 927 W Archerfield Dr ID X 7:37:43 Sessions AM 1/13/2019 David 952 w Arnaz stARNAZ Meridian X 8:01:00 Walsh AM 1/13/2019 Laurie Meridian, 5057 N. Lolo Pass Way X 1:38:48 Bower ID 83646 PM 1/13/2019 Michael Meridian, 972 West Bacall St. X X 2:31:41 Arnold ID 83646 PM 1/13/2019 Linda Meridian, 972 West Bacall St. X 2:32:05 Arnold ID 83646 PM 1/14/2019 Holly Meridian, 417 W Peck St X 8:33:00 Friedman ID 83646 AM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City of Meridian - Public Hearing Sign In Form Tools Page 2 of 6 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 1/14/2019 Wendy 1225 W. Bacall St. Meridian X X 9:30:34 McKinney AM 1/14/2019 Jennifer A 555 W Laughton Dr 83646 X 11:09:01 Pedrali AM 1/14/2019 gary 6856, N Topaz Jewel PI IDAHO X 1:49:46 walker PM 1/14/2019 Joe 5937 N ARLISS AVE MERIDIAN X X 1:56:41 Marshall PM 1/14/2019 Jennifer Meridian ID 5988 N Peppard Ave X 1:56:43 Jensen 83646 PM 1/14/2019 Elizabeth Meridian, 115 W BACALL DR X 2:07:18 A davis ID 83646 PM 1/14/2019 Natalie Meridian, 393 W Bacall Dr X 2:11:13 Hart ID 83646 PM 1/14/2019 Meridian, Pam Koch 1140 W Bacall St X 2:12:29 ID 83646 PM 1/14/2019 Ryan 3530 W Sugarberry St Eagle X 2:28:45 Pritchett PM 1/14/2019 Cynthia 896 W Bacall Street Meridian X 3:11:06 Romans PM 1/14/2019 Beth Meridian, 6052 N Mitchum Ave X 3:29:38 Schweibinz ID 83646 PM 1/14/2019 Michael Meridian, Paramount Subdivision X 3:53:29 Heywood ID 83646 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City of Meridian - Public Hearing Sign In Form Tools Page 3 of 6 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 1/14/2019 Darrell Meridian, 484 W Broderick Dr X 5:26:13 Draney ID 83646 PM 1/14/2019 barbara 5965 n. arliss ave meridian X 5:45:14 badigian PM meridian 1/14/2019 leonard 5965 n. arliss ave idaho X 5:46:01 badigian 83646 PM 1/14/2019 Greg Meridian, 1166 W Bacall St X X 5:53:46 Reynolds ID 83646 PM 1/14/2019 Sally Meridian, 1166 W Bacall St X X 9:38:33 Reynolds ID 83646 PM Meridian, 1/14/2019 Erin 1065 W Barrymore Dr Idaho X 10:26:24 Ebright 83646 PM Meridian, 1/14/2019 Andrew 1065 W Barrymore Dr Idaho X X 10:27:01 Ebright 83646 PM Meridian, 1/14/2019 Alicia 584 W Dreyfuss St Idaho X X 10:42:31 muhlestein 83646 PM 1/14/2019 Ann 797 W. Bacall St. Meridian X X 10:56:06 Huntington PM 1 /15/2019 Matt Meridian, 1153 W Bacall St X 9:24:42 Hessing ID 83646 AM 1/15/2019 Michele Meridian, 1271 W Bacall Street X 9:33:25 Hutchison ID 83646 AM 1/15/2019 Andrea D. P.O. BOX 2006 Boise X X 12:19:52 Carroll PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City of Meridian - Public Hearing Sign In Form Tools Page 4 of 6 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 1/15/2019 Emily Meridian ID 1153 W Bacall St X 1:27:48 Hessing 83646 PM 1/15/2019 Jane Meridian, 6628 N. Salvia Way X 1:58:58 Albert ID 83646 PM 1/15/2019 Pat Brown 5558 N. Mitchum Ave. ID X 4:10:57 PM 1/15/2019 Danny J Meridian ID 690 West Pickford Street X 4:13:45 Pruett 83646 PM 1/15/2019 Dorothy 2613 w. Cedar Grove Meridian ID X 4:19:29 pefferle Street 83646 PM Susan 1/15/2019 Karnes/S. 5556 S Graphite Way ID X 4:21:04 Rim PM Coalition 1/15/2019 Douglas 693 W Dreyfuss Ln Meridian X 4:26:25 Humphrey PM 1/15/2019 Jeanmarie 693 W. Dreyfuss Lane Meridian X 4:26:48 Ambrosio PM Matthew Pond... 1/15/2019 Southern 2069 E Mores Trail Rd Meridian X 4:35:50 Rim PM Coalition 1/15/2019 Drew Meridian, 1065 W. Barrymore Dr. X X 4:39:30 Ebright Idaho PM Eagle, 1/15/2019 Amber 4272 W. Bolton Dr. Idaho X 4:47:08 Woolner 83616 PM Meridian 1/15/2019 Christine 2373 East Taconic Drive Idaho X 4:49:20 Herwy 83642 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City of Meridian - Public Hearing Sign In Form Tools Page 5 of 6 http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 1/15/2019 Andrea Meridian, 2498 E Cyanite Dr X 5:27:31 Shelton ID 83642 PM 5453 n Mitchum 1/15/2019 Ron Rahalbakken@hotmail.com Ave X 5:42:37 halbakken Meridian PM i I D 83646 Jonathan Meridian, 1/15/2019 3313 W Cherry Ln PMB M ID 83642- X X 5:44:34 340/357 W Heston Ct Kahnoski 1119/83646 PM 1/15/2019 David 1192 W Bacall St 83646 X X 5:47:15 Eastman PM 1/15/2019 Bruce 998 w bacall Meridian, id X X 5:53:05 Penske PM Meridian 1/15/2019 Geoff 2312 W Kelly Creek Drive idaho X 5:54:20 Horsley 83646 PM 1/15/2019 Gary 83642 X 5:59:13 Benscoter PM 1/15/2019 Shanalee Meridian id 706 a cholla hills st X 6:04:59 graver 83646 PM 1/15/2019 Meridian id Tim Graver 706 E Cholla Hills Street X 6:05:21 83646 PM 1/15/2019 Michael Eagle, ID 3285 Dublin st X 6:05:58 Singleton 83616 PM 1/15/2019 Greg 1940 S. Bonito Way ste. Meridian X X 6:07:09 brown 150 PM 1/15/2019 Roseanne Meridian, 3944 W Caragana Ct X X 6:08:20 Hopfer ID 83646 PM http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City of Meridian - Public Hearing Sign In Form Tools Page 6 of 6 Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 1 /15/2019 David Meridian, 1225 W. Bacall St. X X 6:10:28 McKinney ID 83646 PM 1/15/2019 Tyler Meridian, 5809 N Arliss Ave X X 6:15:33 Wilson ID 83646 PM 1/15/2019 Summer Meridian, 5809 n Arliss Ave X 6:15:47 Wilson ID, 83646 PM 1/15/2019 Meridian, Nick Eller 851 W Honker Dr. X X 6:33:35 ID 83642 PM 1 /15/2019 Jim Meridian 1060 W State St X X 6:34:42 Alexander 83642 PM 1/15/2019 Lori X 6:36:07 PM 1/15/2019 Keith Eagle, ID 1701 W Colchester X X 6:36:51 Jones 83616 PM Go Back To List Export To Excel © 2019 - City of Meridian, Idaho http://internalapps/SIGNINFORMTOOLS/SignInFormDetails?id=145 1/16/2019 City Council Meeting January 15, 2019 Zoning Map FLUM Preliminary Plat Phasing Plan Open Space Exhibit Changes to Agenda: None Item #9D: Linder Village (H-2017-0088) Application(s):  Annexation  Preliminary Plat  Variance Size of property, existing zoning, and location: This site consists of 78 acres of land, zoned RUT in Ada County, located at the SEC of N. Linder Rd. & W. Chinden Blvd./SH 20-26. History: This application was previously heard by the Council in November 2017 with a recommendation of denial from the Commission based on the design of the previous concept plan; the application was continued and a revised plan was submitted and in January 2018 Council voted to remand the application back to the Commission for their review and recommendation on the revised plan which included a collector street connection from Linder to Fox Run for access to the traffic signal and took into considerat ion comments from the hearing in regard to safety concerns pertaining to the extension of Arliss Ave., the location of the Winco building, and 24 hour operation of Winco. Comprehensive Plan FLUM Designation: MU-C (54 acres) & MDR (24 acres) Summary of Request: Annexation and zoning of 81.51 acres of land from the RUT zoning district in Ada County to the C-C zoning district (63.8 acres) & the R-8 zoning district (17.71 acres) in the City. The proposed zoning and development is consistent with the FLUM designations for this property. A conceptual development plan was submitted that depicts a mix of retail, office, civic & residential uses consisting of (9) commercial pads, (2) restaurant pads, and a fuel station along the periphery of the development adjacent to Chinden and Linder; (4) 2-story live/work (i.e. residential/office) buildings, a library and (2) market buildings along the central north/south entry corridor via Chinden within a plaza; (2) multi-story office/residential/retail buildings along the collector street; (1) anchor (i.e. Winco) and a mid-anchor to the west of the central north/south corridor; (3) mid-anchors to the east of the north/south central corridor; future office/retail development planned at the NEC of the site; a park and future SFR development on the south side of the collector street; and pedestrian walkways throughout the development providing interconnectivity between the residential and commercial portions of the site. The truck receiving area for the Winco store has been relocated from the rear of the building to the west side of the building facing Linder Road with the loading docks facing north toward Chinden Blvd. away from the residential uses to the south and are proposed to be screened by a masonry wall. The future MDR development (attached/detached homes) planned on the south side of the collector street will assist in providing a transition to larger SFR lots to the south & east in Paramount Subdivision; and the collector street will provide a separation and boundary between the future residential & commercial development. A Preliminary Plat is requested consisting of 16 commercial building lots, 1 residential building lot, 2 common lots and 2 other lots for future ROW dedication on 78.13 acres of land in the proposed C-C & R-8 zoning districts. The residential lot (Lot 3 on the south side of the collector street) is included in the plat as one large lot and will be developed in the future under a subsequent preliminary plat as will the future office/retail development on the eastern portion of the site depicted as Lots 12 and 13. A phasing plan was submitted for the proposed development. Phase 1 improvements include the construction of an east/west collector street from Linder to Fox Run Way; the extension of N. Bergman Ave. to the collector street; street buffers and walkways along the full frontage of Linder Rd. and SH 20-26 and along both sides of the collector street and all yellow areas on the phasing plan. The TIS was updated based on the revised concept plan and submitted to ITD & ACHD. Access is proposed for the development via W. Chinden Blvd./SH 20-26 as follows: (1) right-in/right-out access is proposed nearest the Linder/Chinden Blvd. intersection and (1) left-in/right-in/right-out access is proposed in alignment with Bergman Way on the north side of Chinden. Improvements are required at the SH 20-26/Fox Run, Linder Rd. and Meridian Rd. intersections as identified in the TIS; and SH 20-26 will be widened to a 5 lane section between Linder and Meridian Roads. The applicant has requested consideration to enter into a STAR agreement with ITD & ACHD to implement the aforementioned improvements along with additional improvements required by ACHD which are required to be complete prior to issuance of any C of O within the development. Access is proposed via Linder Rd. as follows: (1) right-in/right-out access nearest the Linder Rd./Chinden intersection and (2) full accesses further to the south. The southernmost access via Linder is a collector street that stubs to the east property boundary that will extend to N. Fox Run Way and provide access to the signal at Chinden/Fox Run with the 1st phase of development. Three (3) stub streets (i.e. N. Arliss Ave.; N. Bergman Ave., and W. Director Street) exist at the south and east boundaries of the site to the future residential area that will be extended with development; (2) accesses are proposed from the residential area to the collector street which will provide internal access to the mixed use development from the adjacent residential area without residents having to go out onto Linder and Chinden. A cross-access/ingress-egress easement is required to be provided to the commercial property to the south on Linder Rd. A segment of the City’s multi-use pathway is required along Linder Rd. per the PMP; a 10’ wide pathway is also required within the street buffer along SH 20-26. The concept plan also depicts a 10’ wide pathway along the east & south perimeter boundaries of the site with internal sidewalks/pathways proposed throughout the development with connections to the multi -use pathways. Conceptual building elevations were submitted for the main anchor (Winco), the mid-anchors and the retail shops. Building materials consist primarily of stucco, with smooth and split face CMU, metal panel siding and stone and brick veneer accents. Non-residential buildings should be proportional to and blend in with adjacent residential buildings. All structures except SF detached are required to comply with the design standards listed in the UDC & the Architectural Standards Manual. A variance is requested to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via SH 20/26 as shown on the concept plan consisting of (1) right-in/right-out and (1) left- in/right-in/right-out access. When a change or increase in intensity of use is proposed, the UDC requires the owner to develop or otherwise acquire access to a street other than the state highway. The use of any existing approaches is required to be abandoned and removed. Public street connections are only allowed at the section line roads; and the half mile mark between section line roads, and shall be collector roads. ITD has submitted a letter stating they accept the right-in/right-out access proposed nearest the Linder/SH 20-26 intersection with an eastbound right turn deceleration lane; and a right-in/right-out/left-in approach via SH 20-26 with right turn deceleration lanes for eastbound and westbound SH 20-26. Final approval of the proposed accesses will take place once all documentation has been provided and the permit is signed. ITD has the authority to grant access from a state highway to a site; the City has the authority to grant access from a site to the state highway. Although ITD may approve the proposed accesses via SH 20-26, approval from the City is still needed. The UDC allows for Council approval of accesses via state highways if ITD has approved the access(es) without a variance if they deem appropriate. If ITD has not approved the access, a variance is required to be approved by City Council. Since submittal of the variance application, ITD has indicated they are in support of the proposed accesses; therefore, if Council wishes to approve the accesses they may request the Applicant withdraw the variance request. In order to grant a variance, the Council must make 3 findings: 1) The variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) The variance relieves an undue hardship because of characteristics of the site; and 3) The variance can’t be detrimental to the public health, safety, and welfare. Because staff can’t make all of the required findings and the UDC prohibits access via state highways, staff is recommending denial of the proposed variance application. Commission Recommendation: Approval w/conditions Summary of Commission Public Hearing: i. In favor: Ken Howell, Lynx/DMG Development; Nick Eller; Jim Alexander; Chris Williams; Keith Jones i. In opposition: David Eastman, Sally Reynolds representing Smart Growth for Meridian; Andrea Carroll; Justin Carpenter ii. Commenting: Mike McCreary; Joe Marshall; Michael Arnold; Frank Reynolds; Ruth Shane; Wendy McKinney; David McKinney; John Ringert, Kittleson & Assoc. iii. Written testimony: Many letters of testimony were received – see public record iv. Key Issue(s) of public testimony: a. Against 24 hour operation of Winco; b. Desire for traffic calming to be provided on N. Bergman Ave. (i.e. different road design or a traffic circle so as not to create a thoroughfare for high school students and residents); c. Break up the mid-anchor stores so they’re less of a “strip” development style and more consistent with mixed–use community; d. Residential uses should be better integrated with commercial uses consistent with the mixed use designation; e. Public benefit of the widening of Chinden Blvd. with development; f. Appreciation for the loading docks being relocated to the west side of the Winco building and other changes made to the site plan requested by the neighbors; g. Need for increased walkability of the site consistent with development in mixed-use designated areas; h. Would like confirmation that a library is going into the development; i. Against access to the site through the residential neighborhood due to safety concerns pertaining to high rates of speed of vehicles. Key Issue(s) of Discussion by Commission: i. Changes to the site plan due to the location of the CFI; ii. Reconfiguration of Bergman Ave. so it’s not a straight shot off of the collector street into Paramount Subdivision; iii. Possibility of limiting truck deliveries for Winco to daytime hours; iv. Timing for widening Chinden/SH 20-26 and extent of project; v. Traffic calming measures/reconfiguration of Bergman Ave. so that it’s not a straight shot from the collector street into the residential neighborhood (i.e. Paramount Subdivision); vi. Would like to see a library or other civic related use or theatre provided within the development. vii. Desire for a resolution on the collector street connection to N. Fox Run Way and access to the traffic signal at Chinden/Fox Run; viii. The need for services in the northern portion of the City as proposed. Commission Change(s) to Staff Recommendation: i. Add a requirement for the Applicant to work with Brighton, the adjacent property owner to the east, to finalize an agreement for a collector street connection to N. Fox Run Way (see section 1 in Exhibit B). If an agreement can’t be reached, the project should come back before the Commission for further review. ii. Add a requirement for the Applicant to work with ACHD on the collector street intersection with Linder Rd. where the signal is proposed and the firehouse access is located; and traffic calming measures to slow traffic on Bergman Ave (see condition #1.1p in Exhibit B). iii. Add a requirement for some of the multi-story office live/work units south of Winco to be constructed with the 1st phase of the development (see condition #1.1q). Outstanding Issue(s) for City Council: i. A letter was received from David Turnbull, Brighton Corporation, confirming Brighton will work with ACHD on the alignment and ROW acquisition to facilitate construction of the east/west collector street from the east property boundary through their property to N. Fox Run Way; however, the purchase price of the ROW is yet to be determined. Therefore, the agreement is not finalized as recommended by the Commission to occur prior to Council hearing the application; however, ACHD is coordinating the ROW acquisition and dedication with Brighton which won’t be done until after approval of the application wit h the STAR agreement. ii. Council approval of the accesses proposed via N. Linder Rd. and the east/west collector street is required in accord with UDC 11-3A-3 which limits access to arterial and collector streets. iii. The Council should determine if the request for access via SH 20-26 should be approved. Written Testimony since Commission Hearing: Many letters of testimony have been received since the Commission hearing – see public record. Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0088, as presented in the staff report for the hearing date of January 15, 2019: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0088, as presented during the hearing on January 15, 2019, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2017-0088 to the hearing date of ………. for the following reason(s): (You should state specific reason(s) for continuance.) Linder Village –AZ, PP, VAR H-2017-0088 PAGE 1 STAFF REPORT Hearing Date: January 15, 2019 (Continued from: December 18, 2018) TO: Mayor & City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Linder Village – AZ, PP, VAR (H-2017-0088) Note: The Planning & Zoning Commission previously heard this application on August 3, September 7, and October 19, 2017. At the public hearing on October 19th, the Commission moved to recommend denial of the subject AZ and PP requests to the City Council based on the original conceptual development plan for the following reasons: 1) proposed site design/layout (i.e. lack of transition and integration with adjacent residential properties); 2) lack of detail on the concept plan for the eastern and southern portions of the annexation area (i.e. no pedestrian or vehicular connectivity with adjacent residential neighborhood and no plan for a street connection between Linder Road and the east boundary for future connection to N. Fox Run Way); 3) the proximity of higher intense commercial uses to single- family residential uses; 4) 24-hour operation of the Winco store and impacts on adjacent residents; 5) traffic; and 6) access – general consensus that the proposed development plan was not consistent with the MU-C designation in the Comprehensive Plan. City Council heard this application on November 21, 2017 and January 16, 2018. At the hearing on January 16th, the Council voted to remand the application back to the Commission for review of a revised plan that includes a collector street connection from N. Linder Rd. to N. Fox Run Way for access to the traffic signal and take into consideration comments from the hearing in regard to safety concerns pertaining to the extension of N. Arliss Ave., the location of the Winco building, and 24-hour operation of Winco. The following is a new staff report based on the revised plans submitted by the Applicant in response to Council’s decision at the hearing on January 16, 2018. A copy of the previous report for the City Council hearing date of January 16, 2018 can be viewed at: http://weblink.meridiancity.org/weblink8/0/doc/142347/Page1.aspx I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Lynx/DMG Real Estate Partners, LLC, has submitted an application for the following:  Annexation and zoning of 81.51 acres of land from the RUT zoning district in Ada County to the C-C zoning district (63.8 acres) and the R-8 zoning district (17.71 acres) in the City;  Preliminary Plat consisting of 16 commercial building lots, 1 residential building lot, 2 common lots and 2 other lots for future right-of-way dedication on 78.13 acres of land in the proposed C-C and R-8 zoning districts; and,  Variance to UDC 11-3H-4B.2 for two (2) accesses via W. Chinden Blvd./SH 20-26. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications; and denial of the proposed VAR Meridian City Council Meeting Agenda January 15, 2019 – Page 353 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 2 application in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. Note: The Variance request does not require action from the Commission; the City Council is the decision making body on this application. The Meridian Planning & Zoning Commission heard these items on November 15, 2018. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Ken Howell, Lynx/DMG Development; Nick Eller; Jim Alexander; Chris Williams; Keith Jones ii. In opposition: David Eastman; Sally Reynolds representing Smart Growth for Meridian; Andrea Carroll; Justin Carpenter iii. Commenting: Mike McCreary; Joe Marshall; Michael Arnold; Frank Reynolds; Ruth Shane; Wendy McKinney; David McKinney; John Ringert, Kittelson & Associates iv. Written testimony: Many letters of testimony were received – see public record v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. Against 24 hour operation of Winco; ii. Desire for traffic calming to be provided on N. Bergman Ave. (i.e. different road design or a traffic circle so as not to create a thoroughfare for high school students and residents); iii. Break up the mid-anchor stores so they’re less of a “strip” development style and more consistent with mixed–use community; iv. Residential uses should be better integrated with commercial uses consistent with the mixed use designation; v. Public benefit of the widening of Chinden Blvd. with development; vi. Appreciation for the loading docks being relocated to the west side of the Winco building and other changes made to the site plan requested by the neighbors; vii. Need for increased walkability of the site consistent with development in mixed-use designated areas; viii. Would like confirmation that a library is going into the development; ix. Against access to the site through the residential neighborhood due to safety concerns pertaining to high rates of speed of vehicles. c. Key Issues of Discussion by Commission: i. Changes to the site plan due to the location of the CFI; ii. Reconfiguration of Bergman Ave. so it’s not a straight shot off of the collector street into Paramount Subdivision; iii. Possibility of limiting truck deliveries for Winco to daytime hours; iv. Timing for widening Chinden/SH 20-26 and extent of project; v. Traffic calming measures/reconfiguration of Bergman Ave. so that it’s not a straight shot from the collector street into the residential neighborhood (i.e. Paramount Subdivision); vi. Would like to see a library or other civic related use or theatre provided within the development. vii. Desire for a resolution on the collector street connection to N. Fox Run Way and access to the traffic signal at Chinden/Fox Run; viii. The need for services in the northern portion of the City as proposed. d. Commission Change(s) to Staff Recommendation: i. Add a requirement for the Applicant to work with Brighton, the adjacent property owner to the east, to finalize an agreement for a collector street connection to N. Fox. Meridian City Council Meeting Agenda January 15, 2019 – Page 354 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 3 Run Way (see section 1 in Exhibit B). If an agreement can’t be reached, the project should come back before the Commission for further review. ii. Add a requirement for the Applicant to work with ACHD on the collector street intersection with Linder Rd. where the signal is proposed and the firehouse access is located; and traffic calming measures to slow traffic on Bergman Ave (see condition #1.1p in Exhibit B). iii. Add a requirement for some of the multi-story office live/work units south of Winco to be constructed with the 1st phase of the development (see condition #1.1q). e. Outstanding Issue(s) for City Council: i. A letter was received from David Turnbull, Brighton Corporation, confirming Brighton will work with ACHD on the alignment and ROW acquisition to facilitate construction of the east/west collector street from the east property boundary through their property to N. Fox Run Way; however, the purchase price of the ROW is yet to be determined. Therefore, the agreement is not finalized as recommended by the Commission to occur prior to Council hearing the application – the Council should determine if the project should be remanded back to the Commission for further review in the absence of a finalized agreement. ii. Council approval of the accesses proposed via N. Linder Rd. and the east/west collector street is required in accord with UDC 11-3A-3 which limits access to arterial and collector streets. iii. The Council should determine if the request for a variance for two (2) accesses to SH 20-26 meets the Findings listed in Exhibit D in order to be granted. III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve File Number H-2017- 0088 as presented during the hearing on January 15, 2019, with the following modifications: (add any proposed modifications). Continuance I move to continue File Number H-2017-0088 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0088, as presented during the hearing on January 15, 2019, for the following reasons: (You should state specific reasons for denial) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southeast corner of N. Linder Road and W. Chinden Blvd. at 1225 W. Chinden Blvd., in the NW ¼ of Section 25, Township 4N., Range 1W. Parcel No.’s: S0425223011; S0425212480; S0425212420 B. Owner(s): Lynx Investments, LP 712 N. Troutner Way Boise, ID 83712 Meridian City Council Meeting Agenda January 15, 2019 – Page 355 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 4 CCPD, Inc. P.O. Box 203 Pendleton, OR 97801 C. Applicant: Lynx/DMG Real Estate Partners, LLC 2537 W. State St., Ste. 110 Boise, ID 83702 D. Representative: Craig Slocum, CSHQA 200 Broad Street Boise, Idaho 83702 E. Applicant’s Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, preliminary plat and a variance. A public hearing is required before the Planning & Zoning Commission and City Council on all of these applications except for the variance, which only requires Council approval, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: October 26, 2018 (Commission); November 30, 2018 (City Council) C. Radius notices mailed to properties within 300 feet on: October 24, 2018 (Commission); November 26, 2018 (City Council) D. Applicant posted notice on site(s) on: October 31, 2018 (Commission); December 7, 2018 (City Council); December 20, 2018 (City Council) E. Posted to Next Door: October 23, 2018 (Commission); November 27, 2018 (City Council); December 20, 2018 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of undeveloped agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Commercial (retail/restaurant/vehicle washing facility, fuel facility) and single-family residential uses in Reynard Subdivision, zoned C-3 and MU-DA in Eagle 2. East: Single-family residential properties in Paramount Subdivision, zoned R-8; and vacant/undeveloped property, zoned C-C 3. South: Single-family residential properties in Paramount Subdivision, zoned R-8; and vacant/undeveloped property, zoned C-C 4. West: N. Linder Road; commercial property, zoned C-G and single-family residential uses in Lochsa Falls Subdivision, zoned R-4 C. History of Previous Actions: None Meridian City Council Meeting Agenda January 15, 2019 – Page 356 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 5 D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exists at the current north terminus of N. Arliss Avenue and N. Bergman Avenue. b. Location of water: Water mains intended to provide service to the subject site currently exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at the west terminus of W. Director Street. c. Issues or concerns: The fire flow at the end of the proposed dead end water main on the east is marginal, and creates a water quality concern. This main shall connect to existing water main on Director St within the road alignment in the Future Residential area, or within the collector roadway extension to Fox Run Way. Each phase of this development will need to be modeled separately to ensure fire flows are adequate. E. Physical Features: 1. Canals/Ditches Irrigation: The North Slough and the Simpson Lateral cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site is not located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS LAND USE DESIGNATION(S): Approximately 54 acres of the annexation area is designated on the Future Land Use Map as Mixed Use – Community (MU-C) and the remaining 24+/- acres is designated Medium Density Residential (MDR). MU-C: The purpose of the MU-C designation is to allocate areas where community-serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non- residential buildings in these areas have a tendency to be larger than in Mixed Use – Neighborhood areas, but not as large as in Mixed Use – Regional areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan depicted below MU-C MDR Meridian City Council Meeting Agenda January 15, 2019 – Page 357 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 6 (Figure 3-3 in the Comprehensive Plan, pg. 27). Developments should have a mix of at least 3 land use types [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]; residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential buildings should be proportional to and blend in with adjacent residential buildings; vertically integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. MDR: The purpose of the MDR designation is to allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). TRANSPORTATION: The Master Street Map (MSM) does not depict any collector streets planned across this site. However, a collector street is proposed, as recommended by City and ACHD staff, from Linder Rd. to N. Fox Run Way, which will serve as a backage road to SH 20-26 and provide access to the signals SH 20-26 at those intersections. As part of this development project, Chinden Blvd. is planned to be widened to 5 lanes from N. Linder to N. Meridian Rd. in Phase 1 (2020) and ultimately to N. Locust Grove Rd. in Phase 2 (2021). ACHD plans to widen Linder Road from Cayuse Creek (1/4 mile south of this site) north to Chinden in 2019. PROPOSED DEVELOPMENT: The applicant proposes to develop the site with a mix of uses consisting of specialty retail and restaurants, fast/casual food and beverage, automotive/fuel sales, mixed retail/health and medical, entertainment/soft goods, retail/civic (i.e. library), community grocery, live/work retail, future office/retail and future residential development as shown on the Use Area Plan included in Exhibit A.3. Smaller building pads and buildings are proposed along the periphery of the development adjacent to arterial streets with the larger anchor, mid-anchor and office buildings proposed internal to the site adjacent to the future collector street and future residential development in a linear “strip” Meridian City Council Meeting Agenda January 15, 2019 – Page 358 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 7 configuration. This site layout and configuration is not consistent with the concept MU-C plan depicted above because the smaller commercial pads/buildings are fronting on the adjacent arterial streets rather than the larger commercial buildings. Additionally, the linear “strip” configuration of the large and mid-anchor buildings is not desired in MU-C areas. However, there is a large variety of uses proposed within the development and although larger structures and the east/west drive-aisle are depicted in a linear arrangement, they are broken up and separated by the plaza/esplanade area and are not a continuous strip of buildings. Additionally, the proposed east/west collector street will assist in providing a separation or a transition between the mixed use commercial and future residential area. The truck maneuvering area and loading docks for Winco located on the west side of the building facing Linder and Chinden away from the future residential area is also an improvement from previous versions of the concept plan. Staff is generally in favor of the plan although it doesn’t entirely comply with the design elements preferred in MU-C designated areas. 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) The southern 17+/- acre portion of the site is proposed to develop with single-family homes although a specific development plan is not proposed at this time. Staff is unaware of how “affordable” the units will be.  “Provide housing options close to employment and shopping centers.” (3.07.02D) The single-family homes and living units proposed above office and retail uses (i.e. vertically integrated) will provide housing options near employment and shopping uses proposed within this development and across Chinden Blvd./SH 20-26 to the north (i.e. Fred Meyer and other commercial uses).  “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) There are existing single-family residential detached homes adjacent to the south and east boundaries of this site in Paramount Subdivision. The proposed future residential development along the southern boundary of this site should provide a buffer and transition to the proposed commercial and office uses on this site and protect existing residential properties.  “Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed grocery store will be within walking distance of residences in the nearby vicinity as well as those proposed with this development. The proposed park will provide a recreational area in close proximity to residential uses. The proposed library will also provide a needed service in this area within walking distance of nearby residences.  “Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) City staff has been coordinating with both the applicant and the transportation authorities (i.e. ACHD and ITD) on this project. See discussion above under Transportation. Meridian City Council Meeting Agenda January 15, 2019 – Page 359 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 8 The City has policies limiting access points to arterial and collector streets and prohibits new accesses to State highways. The proposed site plan shows two direct access points to SH 20- 26; (3) access points to Linder Road, an arterial street; and (6) access points to the future collector street. Every additional access is a point of conflict that can impact roadway functionality.  “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets).” (3.03.02O) The proposed collector street will serve as a backage road along SH 20-26 and provide a connection between Linder and Fox Run and the traffic signals at SH 20-26/Linder and SH 20-26/Fox Run. The (3) local streets that stub to the subject property from Paramount Subdivision will be extended with development and (2) connections are proposed to the collector street for improved circulation between the residential and future mixed use development.  “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) Pedestrian sidewalks/pathways are depicted on the site circulation plan included in Exhibit A.3 throughout the development with connections from the perimeter sidewalks along Linder, Chinden and the collector street between the residential and mixed use development.  “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 collector street, associated street buffer landscaping, library, multi-story office/residential/retail and large office building will provide a transition from the future residential development to more intense commercial uses.  “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Comments from these service providers are included in Exhibit B of this report.  “Plan for a variety of commercial and retail opportunities within the Area of City Impact.” (3.05.01J) The proposed development should offer a large variety of commercial and retail opportunities for residents and commuters in the northern portion of the City.  “Minimize noise, odor, air pollution, and visual pollution in industrial and commercial development adjacent to residential areas.” (3.06.01B) The proposed site plan shows generous landscape buffers to buffer commercial from single- family residential areas. However, the applicant is proposing a 24-hour use (i.e. Winco). Staff has some concerns about hours of operation for the grocery store, although the loading area is proposed on the west side of the building adjacent to Linder Road away from the residences, which should reduce disturbances to neighbors.  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.). (3.05.02A) Meridian City Council Meeting Agenda January 15, 2019 – Page 360 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 9 The concept plan depicts internal parking lot landscaping and street buffers along existing streets (i.e. Linder and Chinden) and along the portion of the collector street that is proposed to develop in the first phase (see Exhibit A.2).  “Evaluate comprehensive impact of growth in all land use decisions (e.g., traffic impacts, school enrollment, parks, etc).” (3.01.01B) Agency comments are included in Exhibit B of this report.  “Consider the adopted COMPASS regional long-range transportation plan in all land-use decisions.” (3.03.02G) See COMPASS’ comments in Exhibit B.  “Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) As noted in 3.03.02O, the MSM does not show any new arterial or collector roadways in this area. However, the proposed collector street as recommended and supported by Staff will serve as a backage road along SH 20-26 and provide much needed access to the traffic signals at Chinden/Linder and Chinden/Fox Run.  “Protect citizen investments in existing public facilities (water, sewer, streets, fire, police, etc.) by encouraging controlled growth through development application reviews and development agreements.” (3.04.01G) The proposed project is surrounded by urban development and would be well served by the City.  “Coordinate with transportation agencies to ensure provision of services and transit development.” (6.02.02H) A bus stop is depicted on the Circulation Plan in Exhibit A.4 along Linder Road just north of the proposed collector street by Pad L; coordinate with VRT on the future location and design. In reviewing development applications, the following items will be considered in all Mixed Use areas: (Staff’s analysis in italics) • Residential densities should be a minimum of six dwellings/acre. The density of the future residential development area should be a minimum of 6 units per acre. • Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69. Although still considered medium density, smaller lots (i.e. higher density) for single-family detached and attached homes are proposed adjacent to existing single-family detached (medium density) homes on larger lots in Paramount Subdivision to the south and east of this site. The vertically integrated residential proposed within the mixed use portion of the site will be higher density. • A conceptual site plan for the entire mixed-use area should be included in the application. A concept site plan was submitted for the entire mixed-use area and is included in Exhibit A.2. Meridian City Council Meeting Agenda January 15, 2019 – Page 361 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 10 • In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space. The concept plan depicts a plaza in the area where the markets and library are proposed as well as an esplanade to the north around the 2-story live/work structures central to the development. • The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development. The proposed concept plan depicts (smaller lot) medium density residential development adjacent to existing (larger lot) medium density residential uses to the south and east. Densely landscaped street buffers with berms are proposed along the collector street which separates the mixed use development from the future and existing residential development. • A mixed-use project should include at least three types of land uses [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis. The proposed concept plan depicts commercial (retail/restaurants), office, residential (vertically integrated live/work, single-family residential) and library uses in accord with this requirement. • Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments. A library is proposed within this development in the central plaza area and a park is proposed at the southwest corner of the site adjacent to the future residential development area. Rocky Mountain High School, Paramount Elementary School, a fire station, and a church exist to the south within a ¼ mile of this site. A City park exists approximately a mile away to the west on Ten Mile Road. • Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count. The concept plan depicts a plaza area by the library central to the development and a park on the south side of the collector street adjacent to the future residential development. • All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians. Three (3) stub streets exist to this site that are proposed to be extended with development for interconnectivity between the residential and commercial development; this will enable nearby residents to access the site without having to travel out onto Linder Rd. and/or Chinden Blvd. which will decrease traffic on these roadways. Staff recommends N. Bergman Ave. is extended to the collector street with the first phase of development. • Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code. The developer will be required to dedicate right-of-way along Linder Road and within the site as required by ACHD; right-of-way along W. Chinden Blvd./SH 20-26 should be dedicated and/or reserved for future dedication as required by ITD. • Because of the existing small lots within Old Town, development is not subject to the Mixed- Use standards listed herein. Meridian City Council Meeting Agenda January 15, 2019 – Page 362 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 11 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 concept plan depicts commercial, residential, office and civic uses. • Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre. Residential uses are proposed for approximately 20% of the development area; development within the future residential area should reflect a residential gross density of at least 6 units per acre. • Non-residential buildings should be proportional to and blend in with adjacent residential buildings. The elevations submitted by the Applicant for the future residential area are 2 stories in height which should be proportional to the adjacent future commercial structures; the street buffer landscaping along both sides of the collector street should also assist in buffering the residential from the commercial area. The elevations submitted with future Certificate of Zoning Compliance applications for the commercial structures should be proportional to and blend in with the design of the future adjacent residential buildings. • Vertically integrated structures are encouraged. Four (4) 2-story vertically integrated (residential/office) structures are proposed near the plaza and library; and (2) vertically integrated (office/residential/retail) structures are proposed across from the park area on the concept plan. • 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 Mid-Anchor 3 and future office building depicted on the concept plan both exceed the maximum 30,000 square foot at 40,000+/- and 50,000+/- square feet respectively. The community grocery store is 80,200 square feet (s.f.), which exceeds the 60,000 s.f. limitation by 20,200 s.f. Additional public and quasi-public uses are provided in excess of the minimum 5% commensurate with the increase in building size proposed as shown on the Open Space Plan included in Exhibit A.8. Staff is of the opinion that the additional 5+/- acres of open space provided above the minimum requirements is sufficient to allow the additional square footage of the buildings. • 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. Meridian City Council Meeting Agenda January 15, 2019 – Page 363 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 12 The concept plan depicts a library, a public plaza in front of the library and market buildings, an esplanade to the north where the live/work units are proposed, a park and open space area with a walking path adjacent to the future residential development, common area adjacent to the multi-story office/residential/retail and other public spaces in accord with this requirement. • 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. Because the building footprint for the community grocery store exceeds the 60,000 s.f. limitation in the MU-C designated area, additional public and quasi-public uses above the minimum 5% are proposed commensurate with the proposed increase in building size. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zoning District(s): 1. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the dimensional standards of the corresponding zone and housing types that can be accommodated (UDC 11-2A-1). 2. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). Allowed uses in the C-C district are larger scale and broader mix of retail, office, and service uses and are usually located with access to arterials or nonresidential collectors. B. Schedule of Use: 1. UDC Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed is prohibited. Single-family dwellings are listed as a principal permitted use in the R-8 district. 2. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not explicitly listed is prohibited. Retail, restaurant, professional service (i.e. office), healthcare services, fuel sales facility, civic (i.e. library) and vertically integrated residential projects are all listed as principal permitted uses in the C-C district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district; and 11-2B-3 for the C-C zoning district. D. Landscaping: Landscaping is required within street buffers in accord with the standards listed in UDC 11-3B-7C. (Landscaping within parking lots is required in accord with the standards listed in UDC 11-3B-8C but is not required or reviewed with this application.) E. Off-Street Parking: NA (not required or reviewed with the subject application) IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: Meridian City Council Meeting Agenda January 15, 2019 – Page 364 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 13 A. Annexation & Zoning (AZ): The applicant requests approval to annex & zone 81.51 acres of land from the RUT zoning district in Ada County to the C-C zoning district (63.8 acres) and the R-8 zoning district (17.71 acres) in the City. The proposed zoning is consistent with the FLUM designations of MU-C and MDR for this site. Note: The proposed residential area is approximately 7 acres less than depicted on the FLUM for the MDR designated area. Conceptual Development Plan: The applicant submitted a conceptual development plan that depicts a mix of retail, office, civic and residential uses consisting of (9) commercial pads, (2) restaurant pads, and a fuel station along the periphery of the development adjacent to Chinden and Linder; (4) 2-story live/work (i.e. residential/office) buildings, a library and (2) market buildings along the central north/south entry corridor via Chinden within a plaza; (2) multi-story office/residential/retail buildings along the collector street; (1) anchor (i.e. Winco) and a mid- anchor to the west of the central north/south corridor; (3) mid-anchors to the east of the north/south central corridor; future office/retail development planned at the northeast corner of the site; a park and future single-family residential development on the south side of the collector street; and pedestrian walkways throughout the development providing interconnectivity between the residential and commercial portions of the site. Staff recommends traffic calming (i.e. chokers/bulb-outs, speed humps, etc.) is provided in front of the plaza area in an effort to slow traffic for pedestrian safety. The concept plan accounts for ITD’s CFI/right-of-way needs with a white dashed line at the southeast corner of Linder/Chinden as shown below; however, improvements (i.e. multiple parking spaces and the drive aisle around the front of Building #2) are shown within that area that will be eliminated with construction of the CFI. Landscaping within the street buffer along Chinden is also inaccurately represented on the site plan based on ITD’s TIS Acceptance letter and the STAR agreement that Linder Village/ITD/ACHD are currently working on. The development is required to build the full US 20/26 corridor plan on the south side of Chinden. This means that edge of pavement will be constructed to essentially the first dashed line (see below). Sidewalk, utilities and drainage will reside within the 30 foot easement. The right-in/ right-out approach and the approach at Bergman Way all need to be moved further south to better reflect actual location in relation to the site. Meridian City Council Meeting Agenda January 15, 2019 – Page 365 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 14 The arrows on the Bergman Way approach misrepresent the allowed turning movements when constructed. Bergman is limited to unsignalized right-in, right-out, left-in movements. Through movements from north to south on Bergman Way will not be allowed. The concept plan should be revised prior to the City Council hearing to reflect the above- noted discrepancies. The multi-use pathway along Linder Rd. should also be widened to 10 feet and traffic calming in front of the plaza should be added. The truck receiving area for the Winco store is depicted on the west side of the building facing Linder Road with the loading docks facing north toward Chinden Blvd. away from the residential uses to the south and are proposed to be screened by a masonry wall. The future medium density residential development (attached and detached homes) planned on the south side of the collector street will assist in providing a transition to larger single-family residential lots to the south and east in Paramount Subdivision; and the collector street will provide a separation and boundary between the future residential and commercial development. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. To ensure the site develops as proposed and recommended by staff with this application and in accord with the Comprehensive Plan, staff recommends a DA is required with the annexation containing the provisions included in Exhibit B. B. Preliminary Plat (PP): The applicant proposes a preliminary plat consisting of 16 commercial building lots, 1 residential building lot, 2 common lots and 2 other lots for future right-of-way dedication on 78.13 acres of land in the proposed C-C and R-8 zoning districts. The residential lot (Lot 3 on the south side of the collector street) is included in the plat as one large lot and will be developed in the future under a subsequent preliminary plat as will the future office/retail development on the eastern portion of the site depicted as Lots 12 and 13. Note: Block numbers should be included on the plat. Meridian City Council Meeting Agenda January 15, 2019 – Page 366 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 15 Phasing Plan: A phasing plan was submitted for the proposed development, included in Exhibit A.6. Staff recommends the following improvements are completed with the first phase: 1) N. Bergman Ave. is extended to the east/west collector street; 2) install the entire 20-foot wide street buffer on both sides of the east/west collector street; and 3) complete the extension of the east/west collector street to N. Fox Run Way. The phasing plan should be revised accordingly. Existing Structures: There are no existing structures on this site. Dimensional Standards: The proposed plat and subsequent development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-C zoning district and UDC Table 11-2A-6 for the R-8 zoning district. All of the proposed lots comply with the minimum standards. Note: There is no minimum front, rear or interior side setbacks required in the C-C district; however, required street landscape buffers act as a setback where applicable as building encroachment within buffers is not allowed. Traffic Impact Study (TIS): An updated TIS was submitted to ITD and ACHD for review based on the revised concept site plan for the Phase 1 development area. Staff has not yet received an updated staff report from ACHD. ITD’s letter is included in Exhibit B, Section 12. As part of this development, SH 20-26 will be widened to 5 lanes from N. Linder Rd. to N. Locust Grove Rd. as deemed necessary in the TIS. The TIS does not contain analysis on the future residential and office/retail development area. Prior to any development in that area, a revised TIS will need to be submitted to ITD for review as the land use(s) in these areas may trip the need for a CFI at Linder/Chinden sooner than anticipated. The revised TIS did include this information. Access: Access to streets is required to comply with the standards listed in UDC 11-3A-3 and 11- 3H-4. Access is proposed as follows: (2) accesses are proposed via W. Chinden Blvd./SH 20-26 – (1) right-in/right-out 1,090+/- feet east of the Linder/Chinden Blvd. intersection and (1) full-access in alignment with Bergman Way on the north side of Chinden; and (3) accesses via N. Linder Rd. – (1) right-in/right-out nearest the Linder Rd./Chinden intersection and (2) full accesses further to the south. The southernmost access via Linder is a collector street that stubs to the east property boundary that will eventually provide access from Linder to N. Fox Run Way and the signal at Chinden/Fox Run; a signal is proposed at the Linder/collector street intersection which is not supported by the Fire Department (see comments Exhibit B, Section 4). Three (3) stub streets (i.e. N. Arliss Ave.; N. Bergman Ave., and W. Director Street) exist at the south and east boundaries of the site to the future residential area that will be extended with development; (2) accesses are proposed from the residential area to the collector street which will provide internal access to the mixed use development from the adjacent residential area without residents having to go out onto Linder and Chinden. The Ada County Highway District (ACHD) has jurisdiction of access via N. Linder Rd.; and the Idaho Transportation Department (ITD) has jurisdiction of access via W. Chinden Blvd./SH 20- 26. The UDC (11-3A-3) limits access points to collector and arterial streets to improve safety and ensure motorists can safely enter all streets. The UDC (11-3H-4B.2a) prohibits new approaches directly accessing a state highway (i.e. SH 20-26); the Applicant requests Council approval of a Variance for access to SH 20-26 as proposed. The Idaho Transportation Department (ITD) submitted comments on this application based on the revised concept plan, included in the project file, in regard to access via Chinden Blvd./SH 20-26. The comments state: 1) ITD accepts the right-in/right-out access proposed via SH 20-26 nearest the Linder/SH 20-26 intersection with an eastbound right turn deceleration lane; 2) ITD accepts a right-in/right-out/left-in approach via SH 20-26 with right turn deceleration lanes for eastbound and westbound SH 20-26. If right-of-way cannot be obtained from the adjacent property owner to Meridian City Council Meeting Agenda January 15, 2019 – Page 367 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 16 the east (i.e. Brighton Corp.), ITD will assume its original position of allowing a signal at Bergman Way. ITD will allow a future dedicated left-in signal at Bergman Way for southbound turning traffic in association with the future continuous flow intersection (CFI) at Linder Rd. This left-in signal will be a slave to the CFI signal; 3) Improvements are required at the SH 20-26/Fox Run intersection as identified in the TIS; 4) SH 20-26 will be widened to a 5 lane section between Linder and Meridian Roads as proposed in the TIS; 5) Improvements are required at the SH 20- 26/Linder Rd. intersection; and, 6) Improvements are required at the SH 20-26/Meridian Rd. intersection. The Applicant has requested consideration to enter into a STAR agreement with ITD and ACHD to implement the aforementioned improvements along with the additional improvements required by ACHD, which are required to be complete prior to issuance of any Certificate of Occupancy within the proposed development. ITD and ACHD are working with the Applicant to document the terms of the agreement. The Developer is required to meet certain milestone deadlines in order for ITD to move forward with the STAR agreement. Final approval of the proposed accesses via SH 20-26 will be determined once all documentation has been provided and the permit is signed. (See the entire ITD letter at: http://weblink.meridiancity.org/weblink8/0/doc/157968/Page1.aspx. Access is required to be taken from a local street when available per UDC 11-3A-3. There are 3 local streets (i.e. N. Arliss Ave., N. Bergman Ave., and W. Director St.) stubbed to this site; however, the portion of the site that abuts these streets is not being developed with the first phase. In order for adjacent residential neighbors to access the commercial portion of the site without having to go out onto Linder and/or Chinden Blvd./SH 20-26, Staff recommends N. Bergman Ave. is extended to the collector street with the first phase of development. The intent of the UDC (11-3A-3) is to limit access points to arterial and collector streets; a Council waiver is required for the proposed accesses via N. Linder Road and the east/west collector street. The UDC (11-3H-4B.2) prohibits new accesses via SH 20-26 and requires access to a street other than the state highway; the applicant has requested City Council approval of a variance for the (2) accesses proposed via SH 20-26 as depicted on the concept plan. A cross-access/ingress-egress easement and driveway is required to be provided to the property to the south (Parcel #S0425233701, 5960 N. Linder Rd.) in accord with UDC 11- 3A-3A in an effort to decrease access points to the arterial street (i.e. Linder Rd.); the developer should work with that property owner to align the driveway/easement with the backage road proposed on that site and with ACHD to ensure the access is set back a sufficient distance from the Linder/collector street intersection. Cross-access/ingress-egress easements should also be provided between all lots within the subdivision. Landscaping: Street buffer landscaping along N. Linder Rd., W. Chinden Blvd./SH 20-26 and the east/west collector street is required to be provided with development per UDC Tables 11-2A- 6 and 11-2B-3 in accord with the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along W. Chinden Blvd./SH 20-26 and along N. Linder Road, both entryway corridors, and a 20-foot wide buffer is required along the collector street. Staff recommends the entire street buffer and detached pathway/sidewalk along N. Linder Road, W. Chinden Blvd./SH 20-26 and along both sides of the street east/west collector street is constructed with the first phase of development. Open Space: A minimum of 10% (or 1.77 acres) of the area of the residential portion of the site (17.71 acres) is required to consist of qualified open space in accord with the standards listed in UDC 11-3G-3B. A future preliminary plat for that area should include qualified open space in accord with this requirement. Meridian City Council Meeting Agenda January 15, 2019 – Page 368 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 17 Site Amenities: A minimum of one qualified site amenity that meets the requirements listed in UDC 11-3G-3C is required to be provided within the residential portion of this site upon development. The concept site plan depicts a swimming pool and clubhouse as amenities. Pathways: The Pathways Master Plan depicts a 10-foot wide multi-use pathway (Eagle Island) along the frontage of this site on N. Linder Road. The pathway is required to be placed in a 14- foot wide public pedestrian easement. The applicant should coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway. The UDC (11-3H-4C.4) requires a 10-foot wide multi-use pathway within a public use easement along W. Chinden Blvd./SH 20-26. A 10-foot wide multi-use pathway is also proposed along the east and south perimeter boundaries of the site with internal sidewalks/pathways proposed throughout the development with connections to the multi-use pathways along Linder and Chinden, the sidewalks along the future collector street, to the adjacent properties to the south and east, and to the future development area as shown on the circulation plan included in Exhibit A.3. Staff recommends a sidewalk is provided along the east side of the driveway through Lot 1 to the parcel (#S0425233701, 5960 N. Linder Rd.) to the south for pedestrian interconnectivity. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. Detached sidewalks are required along N. Linder Rd., W. Chinden Blvd./SH 20-26, both arterial streets, and along the east/west collector street. Waterways: The North Slough and the Simpson Lateral cross this site. These waterways will require piping (if not already piped) for development of the site to occur as proposed. Fencing: All fencing is required to comply with the standards listed in UDC 11-3A-7. The proposed plans do not depict fencing on the site. 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. 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 the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications, and ordinances, per UDC 11-3A-18. Hours of Operation: Business hours of operation in the C-C zoning district are limited from 6:00 am to 11:00 pm when the property abuts a residential use or district; extended hours of operation may be requested through a conditional use permit as set forth in UDC 11-2B-3A.4. The grocery store (i.e. Winco) is proposed to operate 24 hours/day. The property as-is without being subdivided, currently abuts residential use and zoning at the south boundary of the site. However, when the property is subdivided as proposed, it will not abut a residential district or use; therefore, hours of operation shouldn’t be restricted. Because this is an annexation, provisions above and beyond UDC standards may be implemented through the development agreement if deemed appropriate by the City Council. Building Elevations: Conceptual building elevations were submitted for the main anchor (Winco), the mid-anchors and the retail shops as shown in Exhibit A.6. Building materials consist primarily of stucco, with smooth and split face CMU, metal panel siding and stone and brick veneer accents. As noted above in Section VII, non-residential buildings should be Meridian City Council Meeting Agenda January 15, 2019 – Page 369 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 18 proportional to and blend in with adjacent residential buildings; future building elevations submitted for design review should demonstrate compliance with this requirement. All structures except single-family detached are required to comply with the design standards listed in UDC 11-3A-19 and the Architectural Standards Manual. Single-family detached residential structures are exempt from design review. Certificate of Zoning Compliance (CZC): The applicant is required to submit a CZC application for approval of the proposed use, site layout and building elevations from the Planning Division prior to submittal of a building permit application. Design Review: The applicant is required to submit a Design Review application concurrent with the CZC application for final approval of the site layout and building elevations. The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A- 19 and the Architectural Standards Manual. C. Variance (VAR): The applicant requests a variance to UDC 11-3H-4B.2, which prohibits new approaches directly accessing a state highway (i.e. SH 20/26). The applicant requests approval of (2) accesses via SH 20/26 as shown on the concept site plan included in Exhibit A.2. When a change or increase in intensity of use is proposed, the UDC requires the owner to develop or otherwise acquire access to a street other than the state highway. The use of any existing approaches is required to be abandoned and removed. Public street connections are only allowed at the section line roads; and the half mile mark between section line roads, and shall be collector roads. The letter from ITD included in Exhibit B, Section 12, in regard to the proposed access states ITD accepts the right-in/right-out access proposed via SH 20-26 nearest the Linder/SH 20-26 intersection with an eastbound right turn deceleration lane; and a right-in/right-out/left-in approach via SH 20-26 with right turn deceleration lanes for eastbound and westbound SH 20-26. Final approval of the proposed accesses via SH 20-26 will be determined once all documentation has been provided and the permit is signed. ITD has the authority to grant access from a state highway to a site; the City has the authority to grant access from a site to the state highway. Although ITD may approve the proposed accesses via SH 20-26, approval from the City is still needed and the UDC prohibits access via SH 20-26 unless a variance is approved by City Council. The UDC (11-5B-4) allows requests for a variance for the placement and/or number of access points to state highways. In order to grant a variance, the Council is required to make 3 findings as follows (included in Exhibit D): 1) The variance can’t grant a right or special privilege that isn’t otherwise allowed in the district; 2) The variance relieves an undue hardship because of characteristics of the site; and 3) The variance can’t be detrimental to the public health, safety, and welfare. Because staff can’t make all of the required findings listed in Exhibit D, staff is recommending denial of the proposed variance application. In summary, Staff recommends approval of the proposed AZ application with the requirement of a development agreement that includes the provisions listed in Exhibit B; approval of the PP application with the conditions contained in Exhibit B, and denial of the VAR application in accord with the Findings in Exhibit D. Meridian City Council Meeting Agenda January 15, 2019 – Page 370 of 462 Linder Village –AZ, PP, VAR H-2017-0088 PAGE 19 X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Conceptual Development (dated: 10/8/18) 3. Use Area Plan (dated: 10/8/18) 4. Site Circulation Plan (dated: 10/8/18) 5. Preliminary Plat (dated: 1/4/18) 6. Phasing Plan (dated: 10/25/18) 7. Landscape Plan (dated: 1/4/18) 8. Open Space Plan (dated: 10/8/18) 9. Proposed Conceptual Building Elevations B. Agency & Department Comments & Conditions C. Legal Description & Exhibit Map for Annexation & Zoning Boundary D. Required Findings from Unified Development Code Meridian City Council Meeting Agenda January 15, 2019 – Page 371 of 462 Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning Map Meridian City Council Meeting Agenda January 15, 2019 – Page 372 of 462 - 2 - Exhibit A.2: Conceptual Development Plan (dated: 10/8/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 373 of 462 - 3 - Exhibit A.3: Use Area Plan (dated: 10/8/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 374 of 462 - 4 - Exhibit A.4: Site Circulation Plan (dated: 10/8/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 375 of 462 - 5 - Exhibit A.5: Preliminary Plat (dated: 1/4/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 376 of 462 - 6 - Exhibit A.6: Phasing Plan (dated: 10/25/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 377 of 462 - 7 - Exhibit A.7: Proposed Landscape Plan (dated: 1/4/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 378 of 462 - 8 - Exhibit A.8: Open Space Plan (dated: 10/8/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 379 of 462 - 9 - Exhibit A.9: Proposed Conceptual Building Elevations (dated: 9/20/2016 & 1/4/18) Meridian City Council Meeting Agenda January 15, 2019 – Page 380 of 462 - 10 - Meridian City Council Meeting Agenda January 15, 2019 – Page 381 of 462 - 11 - Meridian City Council Meeting Agenda January 15, 2019 – Page 382 of 462 - 12 - Meridian City Council Meeting Agenda January 15, 2019 – Page 383 of 462 - 13 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT The concept site plan included in Exhibit A.2 shall be revised per Staff’s comments and recommendations in Section IX.A of the staff report prior to the City Council hearing. The Applicant shall work with Brighton, the adjacent property owner to the east, to finalize an agreement for a collector street connection to N. Fox Run Way prior to the City Council meeting. If an agreement can’t be reached, the project shall go back before the Commission for further review. 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the concept site plan, use area plan, circulation plan, open space plan, phasing plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. b. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. c. One building permit is allowed to be issued on the subject property prior to recordation of the subdivision. d. Non-residential buildings should be proportional to and blend in with adjacent future residential buildings in accord with the Comprehensive Plan for mixed use community designated areas. e. Provide an ADA bus stop on the site as proposed; work with Valley Ride Transportation (VRT) to coordinate the details. If VRT determines a bus stop is not needed at this location, the applicant should submit written documentation as such from VRT. f. A minimum of three (3) land use types are required to be provided within this development [i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. g. Provide a detached 10-foot wide multi-use pathway (Eagle Island segment) within the street buffer along N. Linder Road in accord with the Pathways Master Plan. A 14-foot wide public pedestrian easement for the pathway is required to be submitted to the Planning Division, approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park’s Department Pathways Project Manager (208-888-3579), regarding specifications for the pathway. If the pathway is covered under ACHD’s pedestrian easement, a separate easement is not required by the City. h. Provide a detached 10-foot wide multi-use pathway within the street buffer along W. Chinden Blvd./SH 20-26 as set forth in UDC 11-3H-4C.4. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division, approved by City Council and recorded for the pathway. If the pathway is covered under ACHD’s pedestrian easement, a separate easement is not required by the City. Meridian City Council Meeting Agenda January 15, 2019 – Page 384 of 462 - 14 - i. All of the existing stub streets (N. Arliss Ave., N. Bergman Ave. and W. Director Street) shall be extended with this development as originally intended for interconnectivity. Bergman Ave. shall be extended with the first phase of development for interconnectivity between the commercial development and residential neighborhood. j. The street buffer landscaping and 10-foot wide multi-use pathways along the entire frontage of N. Linder Road and SH 20-26/Chinden Blvd. shall be constructed with the first phase of development. k. A minimum gross density of 6 units per acre shall be provided within the future residential development area depicted on the concept site plan. l. The Developer shall complete all improvements required by ITD and ACHD associated with this development within the timeframe required by those agencies in accord with the STARS agreement and consistent the Traffic Impact Study prior to issuance of the first Certificate of Occupancy within this development. m. Provide traffic calming (i.e. chokers/bulb-outs, speed humps, etc.) in front of the plaza area in an effort to slow traffic for pedestrian safety. n. At a minimum, a swimming pool and clubhouse shall be provided in the future residential development; 10-foot wide pedestrian pathways shall be provided around the perimeter of the overall development; pedestrian pathways shall be provided internally within the development as depicted on the concept plan; and an entry feature shall be provided at the Linder/SH 20-26 intersection as amenities. o. Prior to any development occurring in the future residential and office/retail area shown on the concept site plan, a revised Traffic Impact Study (TIS) shall be submitted to ITD and ACHD for review. Any new requirements based on the revised TIS shall be considered. The TIS did include analysis on the future development area so a revised TIS is not needed. p. The Applicant shall work with ACHD on the collector street intersection with Linder Rd. where the signal is proposed and the firehouse access is located; and traffic calming measures to slow traffic on Bergman Ave. q. Some of the multi-story office live/work spaces south of Winco shall be constructed with the first phase of development. 1.2 Site Specific Conditions – Preliminary Plat 1.2.1 The preliminary plat included in Exhibit A.5, dated 1/4/18, shall be revised as follows: a. Include a note granting a blanket cross-access/ingress-egress easement between all lots within the subdivision. b. Include block numbers on the face of the plat. c. Include a street name for the east/west collector street. d. Revise the plat per the changes required to the concept site plan. 1.2.2 The landscape plan included in Exhibit A.7, dated 1/4/18, shall be revised as follows: a. Depict a sidewalk along the east side of the driveway through Lot 1 to the parcel (#S0425233701, 5960 N. Linder Rd.) to the south for pedestrian interconnectivity. b. Revise the plan per the changes required to the concept site plan. Meridian City Council Meeting Agenda January 15, 2019 – Page 385 of 462 - 15 - 1.2.3 The entire street buffer and detached pathway/sidewalk along N. Linder Road, W. Chinden Blvd./SH 20-26 and both sides of the east/west collector street shall be constructed with the first phase of development. 1.2.4 Provide a cross-access/ingress-egress easement to the property to the south (Parcel #S0425233701, 5960 N. Linder Rd.) in accord with UDC 11-3A-3A; the developer shall work with that property owner to align the driveway/easement with the backage road proposed on that site – submit a copy of the recorded easement to the Planning Division with the final plat application. 1.2.5 North Bergman Ave. shall be extended to the collector street with the first phase of development. 1.2.6 All fencing shall comply with the standards listed in UDC 11-3A-7. 1.3 General Conditions of Approval – Preliminary Plat 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.3.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3B-5I, 11-3B-8C, and Chapter 3 Article C. 1.3.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C (streets). 1.3.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.3.10 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.3.11 Provide bicycle parking spaces as set forth in UDC 11-3C-6G consistent with the design standards as set forth in UDC 11-3C-5C. 1.3.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11-3B-11C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian 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 and 11-3A-6B as applicable. 1.4 Ongoing Conditions of Approval – Preliminary Plat Meridian City Council Meeting Agenda January 15, 2019 – Page 386 of 462 - 16 - 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 application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Sanitary sewer mains intended to provide service to the subject site currently exists at the current north terminus of N. Arliss Avenue and N. Bergman Avenue. Applicant shall be responsible for the extension of these mainlines through the project. 2.1.2 Water mains intended to provide service to the subject site currently exist at the current north terminus of N. Arliss Avenue and N. Bergman Avenue, as well as within N. Linder Road, and at the west terminus of W. Director Street. Applicant shall be responsible for the extension of these mainlines through the project. The fire flow at the end of the proposed dead end water main on the east is marginal, and creates a water quality concern. This main shall connect to existing water main on Director St within the road alignment in the Future Residential area, or within the collector roadway extension to Fox Run Way. Each phase of this development will need to be modeled separately to ensure fire flows are adequate. 2.1.3 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for Meridian City Council Meeting Agenda January 15, 2019 – Page 387 of 462 - 17 - 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 (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. Meridian City Council Meeting Agenda January 15, 2019 – Page 388 of 462 - 18 - 2.2.18 The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicant’s design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157929/Page1.aspx 4. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/157930/Page1.aspx The Fire Department is against the traffic signal in front of station 5. The signal will cause too much congestion with the operations of the engine company trying to leave the station and respond to calls. 5. REPUBLIC SERVICES 5.1 Please coordinate trash enclosure design and locations with Bob Olson, Republic Services (208- 345-1265 office, or 208-371-1745 cell; or, email: ROlson@republicservices.com ) prior to submittal of a Certificate of Zoning Compliance application. Also, provide provisions for recycling. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11-3B-10C.5 for any Meridian City Council Meeting Agenda January 15, 2019 – Page 389 of 462 - 19 - existing trees 4-inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 6.2 The Pathways Master Plan requires a 10-foot wide segment of the City’s multi-use pathway (Eagle Island) along the frontage of this on N. Linder Road; the applicant should coordinate with Kim Warren, Park’s Department (208-888-3579) regarding the requirements for the pathway. The UDC (11-3H-4C.4) also requires a 10-foot wide multi-use pathway along SH 20/26. 6.3 Submit a 14-foot wide public pedestrian easement for the multi-use pathway along Linder Road and W. Chinden Blvd./SH 20-26; coordinate the details of the easements with Kim Warren, Pathways Project Manager, 208-888-3579. If the pathways are located within right-of-way, an easement is not required to be submitted to the City. 7. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/159123/Page1.aspx 8. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157031 9. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=157483 10. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/157255/Page1.aspx 11. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/157710/Page1.aspx 12. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/157968/Page1.aspx Meridian City Council Meeting Agenda January 15, 2019 – Page 390 of 462 - 20 - Exhibit C: Legal Description & Exhibit Map for Annexation & Zoning Boundary R-8 Zone Meridian City Council Meeting Agenda January 15, 2019 – Page 391 of 462 - 21 - Meridian City Council Meeting Agenda January 15, 2019 – Page 392 of 462 - 22 - Meridian City Council Meeting Agenda January 15, 2019 – Page 393 of 462 - 23 - C-C Zone Meridian City Council Meeting Agenda January 15, 2019 – Page 394 of 462 - 24 - Meridian City Council Meeting Agenda January 15, 2019 – Page 395 of 462 - 25 - Meridian City Council Meeting Agenda January 15, 2019 – Page 396 of 462 - 26 - D. Required Findings from Unified Development Code 1. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts and proposed development plan is consistent with the MU-C and MDR FLUM designations for this site and should be compatible with existing and future uses in the area (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Commission finds that the proposed map amendment to the C-C and R-8 zoning districts is consistent with the purpose statements of the commercial and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Commission finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities are available to 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 annexation of this property with the proposed development plan is in the best interest of the City. 2. PRELIMINARY PLAT: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Commission finds that the proposed plat is in conformance with the adopted Comprehensive Plan in regard to land use and transportation and circulation goals. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Commission finds that public services are available to be extended 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 January 15, 2019 – Page 397 of 462 - 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 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 finds the proposed development will not be detrimental to the public health, safety and general welfare. ACHD and ITD consider road safety issues in their analyses. 3. VARIANCE: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: a. The variance shall not grant a right or special privilege that is not otherwise allowed in the district; Staff finds granting the proposed accesses via Chinden Boulevard would grant a right or special privilege as the UDC specifically prohibits access via the state highway unless otherwise approved through a variance. b. The variance relieves an undue hardship because of characteristics of the site; and Staff finds there are no unique characteristics of the site that create an undue hardship that granting a variance would relieve; however, this site does have a lot of frontage on SH 20-26 as the site is 2,640 feet wide (frontage on SH 20-26) x 1,290 feet deep (frontage on Linder) which would make sole access to the site via Linder and the (3) existing residential stub streets difficult and inefficient. c. The variance shall not be detrimental to the public health, safety, and welfare. Staff finds granting the variance for additional accesses via Chinden Boulevard, an existing two lane highway, would likely be detrimental to public safety with traffic slowing down to turn into the site and pulling out of the site at a slow rate of speed merging into traffic at a high rate of speed. However, if the highway is widened to 5 lanes as intended through the STAR’s program, Staff finds the proposed accesses shouldn’t be detrimental to the public health, safety and welfare if the appropriate improvements are constructed as determined by ITD. Meridian City Council Meeting Agenda January 15, 2019 – Page 398 of 462 OPEN SPACE PROVIDED PHASE ONE: 335,148 S.F. Does not include: Required set-backs, required internal landscape buffers, internal parking lot landscaping and restaurant seating. CALCULATIONS: TOTAL SITE AREA: 1,839,880 S.F. REQUIRED OPEN SPACE: 91,994 S.F. (5% X 1,839,880 S.F.) INCREASE IN OPEN SPACE PER GROCERY FOOTPRINT: 20,200 S.F. (80,200 S.F. - 60,000 S.F.) INCREASE IN OPEN SPACE PER MID ANCHOR 3 FOOTPRINT: 10,000 S.F. (40,000 S.F. - 30,000 S.F.) TOTAL REQUIRED OPEN SPACE: 122,194 S.F. (91,994 S.F. + 20,200 S.F. + 10,000 S.F.) OPEN SPACE PLANDATE: 1/14/19 BY: JOG PROJECT #: 07142 CLIENT: DMG Real Estate Partners, LLC LOCATION: BOISE, IDAHO DRAWING TITLE: Open Space Plan CARTS CARTS CARTSCARTS CARTSCARTS CARTSCARTS CARTSCARTS CARTSCARTS CARTS CARTS CARTS CARTS CARTSCARTS CARTSCARTS CARTSCARTS CARTSCARTS CARTSCARTSCARTSCARTSCARTSCARTS CARTSCARTS CARTS CARTS CARTSCARTS CARTS CARTS CARTSCARTS CARTSCARTS CARTS CARTS CARTS CARTS CARTS CARTS ROAD EXTENSION / ACCESS E N T E R E N T E R D O N O T PLAZA PA D B PAD D PA D C LANDSCAPE BUFFER PA D G WALKING PATH WALKING PATH WALKING PATH PAD E PA D F MA R K E T M A R K E T PAD J CLUB HOUSE RE T A I L 1 WALKING PATH WALKING PATH WALKING PATH PARK RE T A I L 2 RE T A I L 3 2N D S T O R Y RE S I D E N T I A L / O F F I C E RE T A I L 4 FU E L RESTAURANT LIBRARY LANDSCAPE BUFFER OFFICE LAN D S C A P E BUF F E R LANDSCAPE BUFFER MID ANCHOR 4MID ANCHOR 3 PAD H PLAZA PAD I E N T E R OFFICE PAD MID ANCHOR 2 PARK PARK FUTURE EXPANSION RESTAURANT MID ANCHOR 1 ENTRY FEATURE ENTRY FEATURE BU S S T O P WALKING PATH PA D A PAD L PAD M PAD N BLDG 2 PAD K BL D G 1 MULTI STORY OFFICE/RESID. /RETAIL 2N D S T O R Y RE S I D E N T I A L / O F F I C E 2N D S T O R Y RE S I D E N T I A L / O F F I C E 2N D S T O R Y RE S I D E N T I A L / O F F I C E PARK LANDS C A P E B U F F E R WINCO CROSS ACCESS MU L T I S T O R Y OF F I C E / R E S I D . /R E T A I L TOTAL SITE AREA WITH FUTURE DEVELOPMENT: 2,414,215 S.F. REQUIRED OPEN SPACE: 120,710 S.F. (5% X 2,414,215 S.F.) INCREASE IN OPEN SPACE PER GROCERY FOOTPRINT: 20,200 S.F. (80,200 S.F. - 60,000 S.F.) INCREASE IN OPEN SPACE PER MID ANCHOR 3 FOOTPRINT: 10,000 S.F. (40,000 S.F. - 30,000 S.F.) INCREASE IN OPEN SPACE PER OFFICE FOOTPRINT: 90,000 S.F. (120,000 S.F. - 30,000 S.F.) TOTAL REQUIRED OPEN SPACE: 240,910 S.F. (120,710 S.F. + 20,200 S.F. + 10,000 S.F. + 90,000 S.F.) CALCULATIONS W/ FUTURE DEVELOPMENT AREA Community Support •Letters of support through lindervillage.com: 1025 total -including 129 personalized letters •Total Facebook Page Likes on @YESLinderVillage : 1,765 •Total Facebook Reaction Summary: 2,355 Likes 117 Loves 10 Angry/Sad •Previous Community Engagement: •October 4, 2018 Community Open House at City Hall Attendees: appx. 50 •April 26, 2017 Community Open House at Gino’s Attendees: appx.100 •October 11, 2017 Community BBQ Attendees: appx. 38 Counts listed above are as of 1/14/19 8:00 am MDT Community Support Map Display -FULL View Community Support Map Display -Zoom In to Project Area r L •t C _ y1 - •fit _ - -oil 4W I IL � i � _ � _ P Y: ice '� • ........... - - - - 4, i I� y r f RI k r? _L r 7 im is, O's ■ R r T TV pe m ib IM IA a it ams ye �, � w �• , � � - � - fir � I 9 I 141 r wit • r. r r VAI A lk t zz It �1 ar y„IQilk .r. I t ; _ . s !IMP —LIAef ---.z 5 _ r is, Us 1 ,m it rI v if �m ib Lu"m g A iv it TV ot 06 c ail AM 141 VTV • ,,, 3 � . ' I I Fill r �: +r'` r ,ate. _ � •* t MIX ` -3 1 _ Ji L f; r IN is 1 049 '"R r v if m ib 'W'm "A a ams ` 9. *r ilk 04 iff -, A. r 4= i t - _A r Y Aw. a 15 `$ -{-` MR *-M L WR �A LL E 0 � I 6�o Re-\JpIc�,4 CL E O 4J E E m E ..Q O C a t O O N }, LO f0 L Q- O O C N — c�La N L L E OL N Q :6 04- C bA O > C Z O 7 f0 O O N b N 00 a � � C -0 O a--+ D U a U LL V � � � � N ca O- U a a � � E •— N N a+ 41 C N N C O •N (6 O_ C hA OL O C 0- U + _N a X 41 � C a co a4- +' 3 C N E� } O Q4- a�+ > E a N� O w W O 2- ;a M a v a a O QJ N Q�J Q, O O v N a O C O m 4-1 Ln i N m a O L U C � f6 >- C � Q 3 E Y U 3 a +J • a- L L 4-0 O N Q a Q U N a +, O O 4-` a C � � N L C a O � N L C 4-1 4 - CL Q Q N � O O C O O v a N .� CL m I cu i C V1 a >' Oro a t N O Q'+_- L +�0 a)�Ev E� a U� +Or3 a OCA aOUO -� 4- QJ =3C Ln -0 Ov U C Qro +, N O C OU a O .- W L iO EL i i L O Q' O m OC� >,,I C4 v a) pp Ottol a) v �vEta u -0 0 .�� � a Ln (U ��� �°�� �z •� 7+- L O a Q ro� C0 C a l O N N C L O QI -O a) + ,- N to 4 4- 0 �— N N t CAa ro O ro V cat N •- N U O u QJ T Q t —'D N U +, Q C 3 N Lykj wE CLO CT ro L Lu Q C 0 t N N ro 4,cr- Z3 .� C N4-1 ++ 5m oao� ��� �,�a) �� CNa� U.=a,a 4 � _-0 �Q o a) ++ > 111 Y .Q ���+a+;;I hONa E�N C� J- J C a"� U O v^ L U L _O �'�n2 0-aMro 03i _ ro4—�' ca +Q) a --r4.1 u v O O Q) N N L N C C Ott al C CLOS C'p•> O } O O i- ` O N O E i tL0 O a) N O H O O a) == C +J V L C 4_ N ro V �c0 Ln +� -�,:� Qv� SQ)" NO ED � � ca `^ d a +macro E V) U +� c •CroOOro ro ro W -O OE O Q) C -o E 40A'�n 3 ro N 'C L a) 4- C Lfl O c- .4n N O a Q� �� i- 4- N ro Q X+O 0 0�0'a 4-1 >~ O N� ON E N • • �;a)c ta0� �'.;U �ro� roQ a) U �S� �-"�Q �OL_Q- N O OL ca�to m QC c=C� O- G 04— O E +� la N �� 3 N ao 0 Q L 4J Q U 'coo �aa�� 4, 4- zoo m� + Q) t> N QJ Q1 Q) C C ro Y L_0 0-4— L n N N Q +r 0 0 U C0 C O C ro D N ul a��� w oi`(� a-o'av pro(n �O ' ,'N & Noj 7_ bz L L •� t 4 ,_ O 0 ~ O �� H ro w 0 Q- t N '~' V) {�-' >. -0-0 cn V a -J U + a) to a) C i N >- aJ O O O N +-J- LA N N +-J O Q c0 0O aJ Q V) 0N > �Lna--+ C Q = ro a) a) Q W r Q) -- +' N C +' -Q N, N a) w Q) > i O �) O > a_' N M m a) _0 O Q M Ln Q) +�+ '� C ci cOn a) � U U O c -I O O_ O N c0 E �_ N Q) p p Q LO N 4-j � . v aJ M O m L N O " W I N > 4-J `"' O c0� _ /� aJ -� • - +' - 4-J A VhJ�% +, + + aJ . 5V a Q O i- a+ N i a) � O c: C:Q wV V)_0N c L . Q •> Q -- +- -� aJ � Q) 0 O V E 0 •� Q U —� =3 N Ln O+� Q4 s Q c— O O U C cn w r E ON U a E E a) • E Z a) U E O O Q Ln Q Q. O C0 _0 N 0) Q � 0 Q O E N L- E O 'A 'n a .M a X a QmQ(n ; O ta) U c "4mJ �U Q)� �� Ln t s� ��Q) -� +., 4-J i-+ +-+ L 4-1 t +-j N N 4 N bD • C) 4= N .+u-, N v a) V Q f0 Q' N , C N CO • : N v CO a) N4mJ I L to Cl IL m - 'D IL B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT The concept site plan included in Exhibit A.2 shall be revised per Staffs comments and recommendations in Section IX.A of the staff report prior to the City Council hearing. The Applicant shall work with Brighton, the adjacent property owner to the east, to finalize an agreement for a collector street connection to N. Fox Run Way prior to the City Council meeting. If an agreement can't be reached, the project shall go back before the Commission for further review. 1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner( s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six ( 6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall substantially comply with the concept site plan, use area plan, circulation plan, open space plan, phasing plan, preliminary plat, landscape plan and conceptual building elevations included in Exhibit A and the conditions contained herein. b. Future development shall comply with the design standards listed in UDC 11- 3A- 19 and the City of Meridian Architectural Standards Manual. c. One building permit is allowed to be issued on the subject property prior to recordation of the subdivision. d. Non-residential buildings should be proportional to and blend in with adjacent future residential buildings in accord with the Comprehensive Plan for mixed use community designated areas. e. Provide an ADA bus stop on the site as proposed; work with Valley Ride Transportation VRT) to coordinate the details. If VRT determines a bus stop is not needed at this location, the applicant should submit written documentation as such from VRT. f. A minimum of three ( 3) land use types are required to be provided within this development i.e. commercial (includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. g. Provide a detached 10 -foot wide multi -use pathway (Eagle Island segment) within the street buffer along N. Linder Road in accord with the Pathways Master Plan. A 14 -foot wide public pedestrian easement for the pathway is required to be submitted to the Planning Division, approved by City Council and recorded. The applicant shall coordinate with Kim Warren, Park' s Department Pathways Project Manager (208- 888- 3579), regarding specifications for the pathway. If the pathway is covered under ACHD's pedestrian easement, a separate easement is not required by the City. h. Provide a detached 10 -foot wide multi -use pathway within the street buffer along W. Chinden Blvd./SH 20- 26 as set forth in UDC 11-3H -4C.4. A 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division, approved by City Council and recorded for the pathway. If the pathway is covered under ACHD' s pedestrian easement, a separate easement is not required by the City. i. All of the existing stub streets ( N. Arliss Ave., N. Bergman Ave. and W. Director Street) shall be extended with this development as originally intended for interconnectivity. Bergman Ave. shall be extended with the first phase of development for interconnectivity between the commercial development and residential neighborhood with the following traffic calming measures: L) A road dip and stop sign where the Bergman extension connects to the existing Bergman ii.) A traffic circle where Bergman connects to the collector road. iii.) All raised crosswalks, one signalized will be constructed with the collector road. j. The street buffer landscaping and 10 -foot wide multi -use pathways along the entire frontage of N. Linder Road and SH 20- 26/ Chinden Blvd. shall be constructed with the first phase of development. k. A minimum gross density of 6 units per acre shall be provided within the future residential development area depicted on the concept site plan, with a maximum of 8 units per acre. Any change in zoning or step-up densities is highly discouraged. I. The Developer shall complete all improvements required by ITD and ACHD associated with this development within the timeframe required by those agencies in accord with the STARS agreement and consistent the Traffic Impact Study prior to issuance of the first Certificate of Occupancy within this development. I. Provide traffic calming (i.e. chokers/ bulb -outs, speed humps, etc.) in front of the plaza area in an effort to slow traffic for pedestrian safety. n. At a minimum, a swimming pool and clubhouse shall be provided in the future residential development; 10 -foot wide pedestrian pathways shall be provided around the perimeter of the overall development; pedestrian pathways shall be provided internally within the development as depicted on the concept plan; and an entry feature shall be provided at the Linder/SH 20- 26 intersection as amenities. If the entry feature is eliminated when the road is widened, another entry feature will be erected. o. The TIS did include analysis on the future development area so a revised TIS is not needed. p The Applicant shall work with ACHD and the fire department on the collector street intersection with Linder Rd. where the signal is proposed and the firehouse access is located to ensure emergency vehicle access; and traffic calming measures to slow traffic on Bergman Ave leading to the site such as: L) City of Meridian requires applicant to work with ACHD to: - install a four-way stop sign at Bergman/Bacall and Bergman/Barrymore. - Road dips at Bergman/Bacall and Bergman/Barrymore. - "No Trucks over XXX" signage on Director and Bergman. q. Some of the multi -story office live/work spaces south of Winco shall be constructed with the first phase of development. r. The WinCo building elevation and mid -anchor building elevations will undergo a separate design review process with a public hearing. All future build elevations should be proportional to and blend in with existing and approved structures/buildings. s. A mix of evergreen and deciduous trees (2' minimum caliper) shall be planted along the northern boundary of the 40' irrigation easement at an interval of no more than 20' apart. The tree line will commence at Linder and end at the SE corner of the property. These trees will be planted in Phase One. All areas will be kept free from weeds and debris. t. Any commercial entities occupying the C -C zone will not have truck deliveries between 11pm and 6am. Truck deliveries any time of day will not enter the site using Bergman or Director Ave. u. In the WinCo parking lot, include at least one 15 -foot wide landscaped median with a pedestrian walkway along the length of the parking lot. v. Install two bike rakes on the east side of Mid -Anchor 1. Exhibit C: Winco Stipulations and Beautification Requirements in Arlington, TX "Motion to Approve first reading of an ordinance changing the zoning classification on certain property known as: 4620 South Cooper Street to Planned Development (PD) for Community Commercial (CC) uses, with a modified list of excluded uses, with a Development Plan and amending the Zoning District Map accordingly with the following stipulations: (1) no truck deliveries between the hours of 12 a.m. and 6 a.m.; (2) attach the south building wall directly to the adjacent Hobby Lobby building (3) outside displays shall be allowed for seasonal, non -grocery, items only (4) in the parking lot, include at least one 15 foot wide landscaped median with a pedestrian walkway along the length of the parking lot (5) add at least two wrought iron benches along the walkway adjacent to the East (front) elevation (6) all columns on all elevations will be cladded with stone veneer and capped with cast stone cap. This includes the columns under the stucco finish panel with WinCo signage on both East and North elevations (7) Along the East Elevation (or the Front Elevation), add two more columns towards the south end: one at the edge of the building, attaching to Hobby Lobby, and the other on the wall that turns in an angle towards the cart storage area (8) Along the West Elevation (or the Rear Elevation), add two more columns adjacent to the delivery truck loading docks, with the similar treatment as the columns along the front elevation (9) Along the North Elevation (or the 1-20 frontage side), add four decorative columns, with the similar treatment as the front elevation, in the middle portion." Moved by Councilmember S. Capehart, seconded by Councilmember R. Shepard. -http://0rlingtontx.granicus.com Al hib� D Questions for City Council about Linder Village 1. In 2018, Meridian City Council's stance was that an agreement for the collector road needed to be worked out. PZ Commission reiterated that, as did the staff report, that an agreement between DMG and Brighton had to be finalized before the city council hearing. If it is not finalized, why does the project have a hearing this evening? 2. If this was THE FIRST DRAFT of the concept plan, would you be excited for Meridian's northwest gateway? What do you like about it? What concerns would you have? 3. Do you foresee the traffic hazards facing Paramount if Bergman connects? Are you willing to recommend specified traffic calming measures to ACHD/in the DA to protect the children and safe school routes? 4. In an MU -C area, the footprint of the building is limited to 30,OOOsf, 60,OOOsf for a grocery store. Winco is already receiving an exception to this rule AND tacking on another anchor beside it. If other buildings in the plan (mid -anchor 1 and the future office) also exceed 30,OOOsf, do you believe a comp plan amendment should be filed? If not, will staff provide the calculations for the open space versus the building sizes, as in what they are counting as open space? 5. If Winco is being granted 24/7 operating hours, should other locations previously denied those hours be allowed to appeal, even when they are located close to residents? 6. MU -C residential is 6 to 15 units/acre. MDR is 3-8 units per acre. The staff recommends a gross density of at least 6 units per acre. Given the 300+ Prelude to Paramount apartments on the SE corner on this mile, the 100+ Linder Springs townhomes on the SW corner, and the fact that apartments were already denied in the Bountiful Commons area, will city council agree to include language in the DA that limits the residential portion from being rezoned in the future as commercial and limits it to R-8 zoning? (We understand this is the lot sizes, not gross density. Or language stating a max of 8 units per acre is allowed?) A few Questions: Staff does their best to read the "tea leaves". They interpret your decisions and try their best to direct developers in a way they think you would approve. The Staff report reflects what they think you are willing to approve or deny. Their job would be much easier if they "knew" what your opinions are as opposed to trying to guess. The citizens need to know what the comprehensive plan means. How much weight it carries in decision making. We make our biggest, most important financial decisions; buying a home, locating a business, often after reflecting on the comprehensive plan. Developers need to know how to interpret the plan. How flexible is it. It has a dramatic influence on their decisions. By discussing and clearly stating your interpretation of these questions on the record you will help everyone in this valley make more informed decisions. You will also simplify your own lives. If everyone knows where you stand none of us will question where you stand. People will always question why you stand there but at least we will all know where that is. Remember the less defined something is the more disagreements and arguments you will have on the subject. 1. What does "flexible" mean? Everyone keeps saying the comprehensive plan is flexible. But what does that mean? a. Was the comprehensive plan written in a manner that allows for flexibility in design while following all of the quidelines? b. Can we randomly inforce some guidelines while allowing others guidelines to be dismissed? i. If so is there a percentage that must be followed? Like 50%, 75%, 90%? ii. Are there some guidelines that are hard and fast and must be followed while others are just more of a wish list? Which ones? c. Is the entire comprehensive plan more of a wish list and "good development is, well, we will just "know it when we see it"? d. Is the comprehensive plan something else? 2. What does it mean to "protect the Chinden corridor"? There are literarily hundreds of statements, goals, ordinance, agreements, and guidelines referencing "protect the Chinden corridor". What does this mean? How should staff, citizens and developers interpret this? 3. What does it mean when we say "Identify transitional areas to buffer commercial and residential uses to allow uses such as offices and other lower intensity use". a. What does it mean to have a transitional area? b. What constitutes a lower intensity use? c. When it says "residential uses" does that mean only existing residences or ALL residences including future residences? 4. What is a `strip mall"? Over and over we state we want to avoid strip malls. No strip malls. a. What constitutes a strip mall? b. Why do we want to avoid them? c. How do we avoid them? d. What is emotional response to "massing effect"? 5. "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". a. What constitutes a building footprint? b. Does this have some relationship to avoiding "strip Malls" c. What is emotional response to "massing effect"? d. There is a caveat within code that allows for buildings to exceed these sizes that require a 1 to 1 increase in green space/civic area. i. Would this apply to one building or multiple buildings within a development? Can all the buildings exceed the maximum if the developer just increases the green space? Or should we suggest that this be limited and only allowed upon rare occasion when the developer provides a strong argument that exceeding the footprint size is in the best interest for all stakeholders. ii. Does this provide enough flexibility to the guidelines or do we need more? e. If a building has a "shared wall" between two tenants does that constitute separate footprints or is it a single footprint with multiple tenants? i. When buildings downtown exist side to side does that constitute a strip mall? They do tend to have separate exterior walls that are adjacent as opposed to shared walls. ii. They also have a different zoning. 6. The City States: "the Planning and Zoning Commission decisions must explicitly reflect support and advance of the comprehensive plan as a primary factor of approval". a. What roll does city council play in this? b. Does City council's decisions influence staff's recommendations to P&Z and developers? c. Does staff's recommendations have an influence on the decisions of P&Z? d. Does staff's recommendations have an influence on the decisions of city council? e. How strictly should P&Z follow the guidelines of the comprehensive plan while using them as a "primary factor of approval?" 7. Are any of these questions pertinent to the proposal in front of you? a. Should you ask any of these questions when deliberating on this project? MODIFICATIONS REQUESTED There are three major items we have been discussing from Day One that have yet to be addressed: Residential to Commercial Connectivity (ACHD/DMG) Winco Operating/Delivery Hours (WinCo) Safety Measures/Noise Mitigation in Phase One (DMG) Protect Residential Streets/Pathways Other similar commercial areas in Meridian do not access residential areas. Would create another Magic View Dr scenario. Will compound Paramount’s current traffic issues. Paramount residents will still have access through Fox Run. Target and Staples on Eagle Rd Lowes on Eagle Rd WalMart and Lowes off Overland Magic View Dr. –Eagle to Locust Grove Current Traffic Patterns Friday, December 14, 2018 McMillan Rd Westbound (Do you think they will stay on arterial roads to get to Winco?) Existing Cut-through Issues Monday, December 17, 2018 Bergman and Cayuse Creek ACHD Report: Forecasted traffic patterns. Connectivity Solutions Good: Increase traffic calming measures; stop signs, speed dips, and a traffic circle. Better: Bergman is not developed during Phase 1. Best: Bergman only connects to residential area as depicted below. Limit Delivery Hours City Code CAN be interpreted to say that this C-C zone abuts a residential use because they are seeking annexation as such. Meridian Police report encourages, “limiting delivery times as much as possible.” Residents have rights to enjoy their property without constant noise. They would have no recourse of any noise from WinCo. Winco has agreed to limited delivery times in other areas (Arlington, TX) No other Meridian commercial entities have been allowed to operate, much less deliver 24/7 when located this close to residents. Everyday, 13-25 trucks deliver to WinCo. The 5-8 daily semi-trucks will idle for 90-120min each. The smaller trucks (65%) don’t dock to the bay doors. Safety & Noise Recommendations Limited Delivery Hours Please no metal siding, especially at the highest points of the store.Use stacked stone & stucco Northern Utah WinCo Paramount Homeowners’ Requests Do not allow Bergman to connect in Phase 1 OR Increase/specify Bergman traffic calming measures and construct Bergman sidewalks in Phase 1. Limit WinCo delivery hours to 6am-11pm OR fully enclose the receiving docks and require BOTH buildings in Lot 16 in Phase 1. Require at least one or all collector crosswalks to be constructed in Phase 1. Require that WinCo elevation be separately approved by City Council before DA is finalized (lesson learned from Costco application). Linder Village Development •The property owner has tried to turn this corner from a farm into a Commercial development since 2007. •Residents have relied on Meridian City’s Comprehensive plan as they have purchased homes. •We, as residents, expect you to help maintain a livable community blended appropriately between homes, apartments, services, businesses, schools, libraries, churches, parks, and offices. Good zoning plans and enforcement make for a good community. •There are certain requirements you as a city have specified for this property. They do not include a 24/7 building. They do not include anything larger than 60,000 sq ft. •If you’re not going to use the Comprehensive Plan and ask developers to use it too, why make another one? Not enough land here is going to residential. Somehow they get to count what other developments have done around them. This development: ●goes well beyond the interest of people living within 3-4 miles ●has buildings much too large for the space ●a business that has operating hours beyond the 6 am -11 pm restrictions in a MU-C area. I will focus on the last issue only. C-G, no 24/7 C-G, no 24/7 This is now an MU-C which, once zoned should be a C-C where a business can be open from 6 am-11 pm unless they receive a conditional use permit. Actual positioning of the SW Corner of Paramount Neighborhood from Google Maps between 2013 -2015 This area is zoned C-G which allows for 24/7 businesses. The Stinker station applied for a 24/7 drive-thru. They didn’t get it. Why? Too close to sleeping residents (slide 9). Walgreens Stinker Station This is 1460 ft. This is 2060 ft. That same corner-flipped to show the comparison in distance between businesses and existing residential. New Walgreens Even if WinCo (or any other 24/7 store) were built on the corner of Linder and Chinden, it would be closer to existing Residential than Walgreens. Why is there special treatment? If you allow this, where will it end? I am a WinCo customer and welcome them to our area. But we as citizens have a right to enjoy our property. They shouldn't have to disturb our sleep to operate their store. If that’s going to happen, they’re too close to homes. The proposed distance here is less than 500 ft. Without any actual buffers until Phase 3. What options do they have that would show they are good neighbors? 1-They can choose to build a Waremart which would align their store hours (6 am -11 pm) to be next to a well established subdivision. 2-They should enclose the delivery bay completely and you should not allow any truck deliveries between 11 pm and 6 am. This is more of a good design than what has been presented to you. The Planning & Zoning Commission suggested the large stores be out on Chinden away from neighbors over a year ago. This kind of plan would cause the least amount of distress on the neighborhood. The only thing stopping a design like this is the inability to get past the strip mall mentality that has been haunting this project from the beginning. It incorporates all of the new design aspects that we applaud-the possible library, the walkable center area, no connection at Arliss. The connector street pulling traffic off of Chinden and the light on Linder. All good steps that should've been taken a year ago. But here we are, looking at placing a development too large for the space. If you allow a 24/7 business in a what you have designated should be a C-C zone, it won’t end here. You could have… ●a completely blurred line between C-G and C-C. ●lawsuits from the businesses (within a C-G) denied 24/7. ●more stores and businesses will want special treatment too. ●the whole look of Meridian will change -mixing large businesses and residential too closely; looking more like CA. At very least, restrict business hours or delivery times for any businesses that wish to operate outside of the 6 am -11 pm window. Otherwise, what recourse do we have? I can speak to my neighbors who consistently disturb my sleep or call the cops on a noisy neighbor between 11 pm -6 am. What can I do about this? C-G Businesses in SW corner of the Paramount Neighborhood Normally 24 hours, but not here: •Walgreens Hoping for a 24 hour drive-thru, but not here: •Stinker Station What happened that night at the Planning and Zoning Commission meeting regarding this Stinker Station? Unanimous decision –no 24 hour drive thru. You supported that recommendation. (“After careful consideration of all staff, applicant, and public testimony, I move to approve file number CUP 15 -016 as presented during the hearing of October 1st, 2015. With the staff's modification that the drive-thru be restricted --or with staff recommendations.”) Dr. Chris Kelson and his wife both testified that night. Concerns: safety of their young customers; many of whom get to this office on their own. When you visit this property now, you’ll see that all of the Kelson’s concerns are valid. City Council Regular Meeting January 15, 2019 Agenda Item Number: 10 A Project File Number: Item Title: Ordinance Change: Parks and Recreation Proposed Alcohol Permit Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 10.A. Presenter: Colin M oss Estimated Time f or P resentation: 10 minutes Title of I tem - Parks and Recr eation: Proposed P ark Alcohol P ermit Ordinance Change Proposing to remove the process of obtaining a separate permit in order to have alcohol at a picnic shelter reservation. A ll on-site guidelines with regard to alcohol possession and consumption would remain in place. T his proposed change simply removes a process and f ee that is viewed as unneccessary. C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate P roposed Alcohol P ermit Ordinance C hange Ordinance 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate P arks and Recreation J ohnson, Chris Approved 1/10/2019 - 10:54 A M P arks and Recreation Myers, R achel Approved 1/10/2019 - 11:42 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 445 of 462 DRAFT PARK ALCOHOL PERMIT ORDINANCE UPDATE 1-9-19 13-2-6: GENERAL PARK REGULATIONS: Except as expressly authorized by the director, the following prohibitions shall apply in all city parks. These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their duties. * * * C. Alcohol: 1. Sale, Provision, Consumption, and/or Possession: The sale, provision, consumption, and/or possession of alcoholic beverages shall be subject to the following requirements: a. Alcohol Sold Or Provided At Public Event: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued temporary use permit and an alcoholic beverage catering permit from the city clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be a misdemeanor. b. Alcohol Brought To Public Event From Off Site For Personal Consumption: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed within the boundaries of the special event or outdoor market only pursuant to the terms and conditions of a duly issued temporary use permit and a Meridian parks and recreation department alcohol permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. c. Alcohol Sold Or Provided To Attendees Of Private Event: (1) Where TUP Required: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of a duly issued temporary use permit and an alcoholic beverage catering permit from the city clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. (2) Where TUP Not Required: Where a private event not requiring a temporary use permit is held in a city park, and such event is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of an alcoholic beverage catering permit duly issued by the city clerk. It shall be unlawful for any person to sell or provide alcoholic beverages in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. d. Alcohol Brought To Private Event From Off Site For Personal Consumption: Meridian City Council Meeting Agenda January 15, 2019 – Page 446 of 462 DRAFT PARK ALCOHOL PERMIT ORDINANCE UPDATE 1-9-19 (1) Where TUP Is Required: Where a special event or outdoor market is held in a city park, and such special event or outdoor market is not open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed within the boundaries of the special event or outdoor market only pursuant to the terms and conditions of a duly issued temporary use permit and a Meridian parks and recreation department alcohol permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. (2) Where TUP Is Not Required: Where a private event not requiring a temporary use permit is held in a city park, and such event is not open to or accessible by the public, alcohol that is brought to the park for personal consumption may be consumed or possessed only pursuant to the terms and conditions of a duly issued Meridian parks and recreation department alcohol permit picnic shelter reservation permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be one hundred dollars ($100.00) plus court costs. e. Park Alcohol Permit: (1) Application for a park alcohol permit shall be made to the department, and shall include the following: (A) A completed application form provided by the department, which form shall include applicant's name, physical address, phone number, date of birth, and driver's license number; a description of the location at which alcohol will be served, consumed, or possessed; and the time of day, length of time, and date the alcohol is to be served, consumed, or possessed. (B) Permit fee as established by fee schedule. (2) Within twenty one (21) calendar days of receipt of a complete application for a park alcohol permit, the director or designee shall either issue a park alcohol permit to the applicant or deny the application. Where an application is denied, the department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. 13-2-8: DENIAL OR REVOCATION OF PERMITS; APPEAL: The following provisions shall apply to short term concession permits, park alcohol permits, and amplified sound permits: Meridian City Council Meeting Agenda January 15, 2019 – Page 447 of 462 City Council Regular Meeting January 15, 2019 Agenda Item Number: 11 A Project File Number: Item Title: Ordinance No. 19-1804 Meeting Notes: An Ordinance Amending Title 2, Chapter 6, Sections 2-3, of the Meridian City Code, regarding duties, membership and qualifications for the members of the Solid Waste Advisory Commission providing a waiver of the reading rules; and providing an effective date. 0 I TEM SHEET C ouncil Agenda I tem - 11.A . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1804: An Ordinance Amending T itle 2, Chapter 6, Sections 2- 3, Of T he M eridian City Code, Regarding D uties, M embership And Q ualifications F or T he M embers Of T he Solid Waste Advisory Commission P roviding For A Waiver O f T he Reading Rules; And P roviding An E ffective D ate. S W A C Duties, Membership Ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate S WA C D uties, Membership O rdinance Ordinance 1/10/2019 S WA C D uties, Membership S ummary Ordinance 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 1/10/2019 - 1:28 P M L egal.A lbertson, Michelle Approved 1/10/2019 - 1:34 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 448 of 462 '9-lEd CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 2, CHAPTER 6, SECTIONS 2-3, OF THE MERIDIAN CITY CODE, REGARDING DUTIES, MEMBERSHIP AND QUALIFICATIONS FOR THE MEMBERS OF THE SOLID WASTE ADVISORY COMMISSION PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the City Code establishes the duties, membership and qualifications necessary for the Cities' various Commissions; and WHEREAS; the Solid Waste Advisory Commission (SWAC) was established in its current duties and configuration in 2015; and WHEREAS; based upon the work accomplished and the changing needs for the Cites the areas of solid waste and recycling and new variation of the duties, membership and qualifications for the Commission needs to be reconfigured; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. 2-6-2: DUTIES AND POWERS: A. Commission Authority: The solid waste advisory commission shall be authorized to: ON I 11 -oir- .- - -.- - 4. Suggest and recommend such rules, regulations, policies, and fees necessary and desirable to enhance the equitable distribution of the cost of solid waste collection and disposal services in the community; 5. Assess the needs of the Meridian community with regard to the management of solid waste and make such information available to the city council and all interested agencies and persons; 6. Propose plans, recommendations and suggestions for the future growth, development and regulation of solid waste and recycling facilities and services of the city; 7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of this chapter; 8. Study and report to city council changes in economic conditions, industry trends, and regulatory measures relating to the cost, operation and management of the city's fully automated solid waste management system and voluntary commingled recycling program; 9. Receive, review, and act on solid waste management concerns or issues brought forth by citizens of Meridian, with recommendations to be forwarded to the mayor and city council. 1. Review and recommend to the mayor and the city council rules, regulations, policies, and fees related to improving the orderly and efficient administration of the city's automated solid waste collection system; 2. Review and recommend programs and projects designed to encourage, promote, and improve the solid waste and recycling practices in the community, helping reduce the amount of waste that ends up in the landfill; 3. Review and recommend ordinance changes for the purposes of ensuring that the automated solid waste collection system results in a cleaner, safer community and allows for more cost effective services; 4. Review and recommend rules, regulations, policies, and fees necessary and desirable to enhance the equitable distribution of the cost of solid waste collection and disposal services in the community; 5. Represent the public interest in making suggestions and recommendations to the management of solid waste and make such information available to the city council and all interested agencies and persons; 6. Provide recommendations and suggestions for the future growth, development and regulation of solid waste and recycling facilities and services of the city; 7. Cooperate with the federal, state, and local governments in the pursuance of the objectives of this chapter. Meridian City Council Meeting Agenda January 15, 2019 – Page 450 of 462 8. Review, and make recommendations due to, changes in economic conditions, industry trends, and regulatory measures relating to the cost, operation and management of the city's automated solid waste management system; 9. Hear and review escalated solid waste management concerns or issues brought forth by citizens of Meridian, franchisee or staff, and provide recommendations to be forwarded to the mUor and city council; 10. Manage the Community Recycling Fund program including establishing program periods and verifying funding availability; receive and review program and funding updates; review and evaluate programpplications and changes. Section 2: That Title 2, Chapter 6, Section 3 is hereby amended as follows: 2-6-3: MEMBERSHIP; QUALIFICATIONS: All members of the solid waste advisory commission shall have a demonstrated interest, competence, or knowledge in recycling and solid waste management. CBommission membership shall be selected from the following groups: One (1) member may be an industry expert that does not reside in the City of Meridian; one (1) Meridian resident shall be under eighteen 18) years of age at the time of appointment to represent youth; andbut all remaining members shall be Meridian residents. There shall be two (2) nonvoting ex officio members made up of a representative from the Meridian city council and a representative of the current solid waste franchisee. Members of the solid waste advis,,,.., sha4l be seleete fi,o , fallowing groups.! the utili4ies billing manager- or- designee; the dir-eeter- of the publie works depaAmei4 or- designee; the eity attemey or- designee; afid at least dffee (3), but no iner-e tha-H 4ve Section 3. SEVERABILITY If any provision or section of this Ordinance shall be held to be invalid by a court of competent jurisdiction, then such provision or section shall be considered separately and apart from the remaining provisions or sections of this Ordinance, which shall remain in full force and effect. Section 4. That this ordinance shall be effective immediately upon its passage and publication. 40 PASSED by the City Council of the City of Meridian, Idaho, on the 1� day of , 2019. ^ppROVED by the Mayor of the City of Meridian, Idaho, on the day of _ � _, 2019. APPROVED: Tammy rd, Mayor ATTES Qbg , 'D auG�,sr (�k c uy ur w7 y Cole, ity Cl E IDIAN- SEAL �/ NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1804 An Ordinance Amending Title 2, Chapter 6, Sections 2-3, Of The Meridian City Code, Regarding Duties, Membership And Qualifications For The Members Of The Solid Waste Advisory Commission Providing For A Waiver Of The Reading Rules; And Providing An Effective Date. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway A nue, Meridian Idaho. This ordinance shall become effective upon the passage and public tW n. Jr 6' CiOf f Meri n Mayor and City Council By: C.Jay Coles, City Clerk oPQO�p�iED AUGUST V A, CUE(.11V of w CAVI E IDIANt.- IDAHO SEAL First Reading: �'��rrne TREPs`'� Adopted after fir t reading by suspension of the Rule as allowed pursuant to Idaho Code 50- 902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1804 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. 19-1804 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 :�I day of January, 2019. ( tx • e2,7. William. L.M. Nary City Attorney ORDINANCE SUMMARY FOR THE AMENDMENT OF TITLE 2, CHAPTER 6, SECTIONS 2-3, OF THE MERIDIAN CITY CODE, REGARDING DUTIES, MEMBERSHIP AND QUALIFICATIONS FOR THE MEMBERS OF THE SOLID WASTE ADVISORY COMMISSION City Council Regular Meeting January 15, 2019 Agenda Item Number: 11 B Project File Number: H-2018-0076 RZ Item Title: Ordinance No. 19-1805 Belveal Subdivision For the Re -zone of a Parcel of land within the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County Idaho; establishing and determining the Land Use Zoning classification from L -O (Limited Office) zoning district to C -C (Community Business)zoning district in the Meridian City Code; Providing that copies of this Ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission, as required by law; and providing for a summary of the Ordinance; and providing for a waiver of the reading rules; and providing an effective date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 11.B . Presenter: C.J ay C oles Estimated Time f or P resentation: 2 minutes Title of I tem - Ordinance No. 19-1805: An Ordinance (H-2018-0076 – B elveal Subdivision) F or T he Re-Zone Of A P arcel Of L and Within T he Northeast Quarter Of T he Northeast Quarter Of S ection 18, Township 3 North, Range 1 E ast, Boise M eridian, City O f M eridian, Ada C ounty Idaho; Establish¬ing And Determining T he L and Use Zoning Classification F rom L- O (L imited Office) Zoning D istrict To C-C (C ommunity B usiness) Zoning D istrict In T he M eridian City Code; P roviding T hat C opies Of T his Ordinance Shall Be F iled With T he Ada C ounty Assessor, T he Ada C ounty Recorder, And T he Idaho S tate Tax C ommission, As Required B y Law; And Providing F or A Summary Of T he Ordinance; And P roviding F or A Waiver Of T he Reading Rules; And P roviding An E ffective Date. Belveal Subdivision Rezone ordinance C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate B elveal S ub Ordinance Ordinance 1/10/2019 B elveal S ub - Exhibit A to Ordinance E xhibit 1/10/2019 B elveal S ub - Exhibit B to Ordinace E xhibit 1/10/2019 B elveal S ub S ummary Ordinance 1/10/2019 RE V I E WE RS : Department Reviewer Action D ate L egal.J ohnson, Chris Approved 1/10/2019 - 1:32 P M L egal.A lbertson, Michelle Approved 1/10/2019 - 1:35 P M Meridian City Council Meeting Agenda January 15, 2019 – Page 454 of 462 ADA COUNTY RECORDER Phil McGrane 2019-003690 BOISE IDAHO Pgs=4 NIKOLA OLSON 01/16/2019 10:14 AM CITY OF MERIDIAN, IDAHO NO FEE BY THE CITY COUNCIL: ' BORTON, PALMER, LITTLE ROBERTS ' i' 1 1t " :' � 1 i i' i 'I i ♦ `. a �' �'. ♦. ! i ,�.. ':. ♦ ri a �" �. li '.i � '' ♦ I i♦ " i i f i " i' ♦ ►1 ! ' 1, i♦ i � i i 1 i' / ♦ i � i'' ♦ ! i i MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" 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: TTS Developments, LLC. SECTION 2. That the above-described real property is hereby re -zoned L -O (Limited Office) Zoning District to C -C (Community Business) 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. 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. RE ZONE ORDINANCE — BELVEAL SUBDIVISION - H-2018-0076 PAGE 1 OF 3 Meridian City Council Meeting Agenda January 15, 2019 — Page 455 of 462 SECTION 8. The Cleric 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 salve is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day oil 1 , 2019. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this � 54�lday of 2019. ATTES C.J&Y COED, CITY STATE OF IDAHO, ) ss: County of Ada ) MAYO MY de WEERD of On this 'I D day of J anuar 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEER and C.JAY COLES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above CHARLENE WAY �a�n�.� COMMISSION #67390 LL) NOTARY PUBLIC Notary Public for Idaho STATE OF IDAHO Residing At: `�� 4 ^a-� MY COMMISSION EXPIRES 3128/22 My Commission Expires: 3 '2B' 2-M RE ZONE ORDINANCE — BELVEAL SUBDIVISION - H-2018-0076 PAGE 2 OF 3 Meridian City Council Meeting Agenda January 15, 2019 – Page 457 of 462 Meridian City Council Meeting Agenda January 15, 2019 – Page 458 of 462 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-1805 PROVIDING FOR RE ZONING ORDINANCE An Ordinance of the City of Meridian granting re -zoning of a parcel of land, within the Northeast Quarter of the Northeast Quarter of Section 18, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County. This parcel contains 1.494 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 day-af ,SGn/Lf 2019. N Mayor and City Council By: C.Jay Coles, City Clerk 0 (00 AN of E IDIAN�- W SEAL I / 1/ / �l[ •�FRofthe fREP� First Reading: I / Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code 50-902: YES_ NO Second Reading: — Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-1805 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. 19-1805 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of n an lftA —1 X , 2019. William. L.M. Nary City Attorney RE ZONE ORDINANCE SUMMARY- BELVEAL SUBDIVISION — H-2018-0076 PAGE 1 City Council Regular Agenda January 15, 2019 Agenda Item Number: 11 C Project File Number: Item Title: Ordinance No. 19-1806 An Ordinance Repealing Meridian City Code Section 1-14-5(B) Regarding Disclosure and Disqualification; and providing an effective date. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 11.C. Presenter: Estimated Time f or P resentation: Title of I tem - Ordinance No. 19-1806 : An Ordinance Repealing M eridian C ity C ode S ection 1-14-5(B ), Regarding Disclosure And D isqualification; And Providing An E ffective Date C ouncil Notes: AT TAC HM E NT S: Description Type Upload D ate O rdinance Ordinance 1/11/2019 RE V I E WE RS : Department Reviewer Action D ate Clerk.J ohnson, Chris Approved 1/11/2019 - 11:45 A M Meridian City Council Meeting Agenda January 15, 2019 – Page 460 of 462 CITY OF MERIDIAN ORDINANCE NO. 19 —1 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 1-14-5(B), REGARDING DISCLOSURE AND DISQUALIFICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 1-14-5(B) is inconsistent with provisions regarding conflicts of interest as set forth in Idaho Code § 74-403(4) and Meridian City Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 1-14-5(B) shall be repealed. Section 2. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this �day of .nuaw , 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 'day of 2019. APPRO ATTES : Jay Cole , City Clerk ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 1-14-5(B) PAGE 1 OF 2 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19- " I — l 0 0 An ordinance repealing Meridian City Code section 1-14-5(B), regarding disclosure of conflicts of interest and automatic disqualification; and providing an effective date. A full text of this ordinance is available for inspection at Meridian City Hall, 33 E. Broadway Avenue, Meridian, Idaho. This ordinance shall be effective upon its passage and publication. ? ;,y Or First Reading: E IDIAN Adopted after first reading by suspension of IDAHO the rule as allowed pursuant to Idaho Code ity of than y� S �� § 50-902: YES_ NO Mayor and City CouncilvfnPSJ��c Second Reading: reTRE By: C.Jay Coles, City Clerk Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19- A BO (10 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. 19-180 of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of , 2019. William L.M. Nary, City Attorney ORDINANCE REPEALING MERIDIAN CITY CODE SECTION I- 14-5(B) PAGE 2 OF 2 City Council Regular Meeting January 15, 2019 Agenda Item Number: 12 Project File Number: Item Title: Future Meeting Topics Meeting Notes: