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2019-11-06 Work Session CITY COUNCIL WORK SESSION AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Wednesday, November 6, 2019 at 4:30 PM 1. Roll-Call Attendance X Anne Little Roberts Joe Borton X Ty Palmer X Treg Bernt X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Adoption of Agenda – Adopted as Noted 3. Consent Agenda [Action Item] - Approved A. Approve Minutes of October 22, 2019 City Council Work Session B. Approve Minutes of October 22, 2019 City Council Regular Meeting C. Final Plat for Entrata Farms No. 2 (H-2019-0113) by FIG Village at Parkside, LLC, Located at 3882 W. Franklin Rd. D. Final Plat for Razzberry Point Villas (H-2019-0114) by Integrity Partners, LLC, Located at 1434 and 1492 E. Star Dr. E. Final Plat for Shelburne East No. 1 (H-2019-0077) by Shelburne Properties, LLC, Located at 4080, 4115, and 205 E. Bott Ln. F. Final Plat for Shelburne East No. 2 (H-2019-0078) by Shelburne Properties, LLC, Located at 4115 E. Bott Ln. G. Final Plat for Shelburne East No. 3 (H-2019-0079) by Shelburne Properties, LLC, Located at 4330 and 4301 E. Bott Ln. H. Final Order for Gander Creek South Subdivision No. 1 (H-2019- 0108) by Trilogy Idaho, Generally Located Southwest of the N. McDermott Rd./W. McMillan Rd. Intersection I. Final Order for Little Creek No. 2 (H-2019-0103) by JUB Engineers, Located at 1440 N. Locust Grove Rd. J. Final Order for Summerwood (H-2019-0093) by WHPacific, Inc., Located at 4202 & 4052 W. Daphne St. K. Findings of Fact, Conclusions of Law for Idaho Fine Arts Academy (H-2019-0088) by West Ada School District, Located at 91 E. Central Dr. L. Findings of Fact, Conclusions of Law for Nick Estates (H-2019- 0086) by Nick Shearer, Located at 1180 N. Ten Mile Rd. M. Findings of Fact, Conclusions of Law for Victory Commons (H- 2019-0091) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. N. Fiscal Year 2019 Community Development Block Grant Budget Amendment O. Development Agreement for Stapleton Subdivision (H-2018-0129) with C4 Land, LLC (Owner) and C17, LLC (Developer), Located at 4435 S. Meridian Rd. P. City of Meridian Employee Benefits Trust Agreement & By-Laws Q. Interagency Governmental Agreement for Waiver of Costs and Fees Between West Ada School District and City of Meridian R. Interagency Agreement Between Ada County Highway District And City Of Meridian For Water and Sewer Improvements for Linder Rd. and Franklin Rd. to Pine Ave. ACHD Project No. 516019. S. Cost Share Permit with the Ada County Highway District for the Linder Road, Franklin Road to Pine Avenue Project T. Master Agreement for Professional Services: Park Identities Public Art Roster Between Ken McCall and the City of Meridian U. Oaks Lift StationPump Upgrades Reimbursement Agreement for Infrastructure Enhancement between the West Ada School District and the City of Meridian V. Termination and Release of Impact Fee Deferral Agreement - Compass W. Termination and Release of Impact Fee Deferral Agreement - Magellan X. Acceptance Agreement for Display of Artwork in Initial Point Gallery for David Dillon and Friends 1. David Dillon 2. Joan Frey 3. Cathy G. Anderson 4. Judy Holsclaw 5. Victoria Mundy 6. Mareth Warren 7. Margaret A. Thomas 8. Nancy Inaba 9. Zona S. O'Neal 10. Melisa Pearson Y. Traffic Box Community Art Project Artwork License Agreement for Anita Lawson Z. Approval of Change Order No. 11 to JC Constructors, Inc. for the WRRF Liquid Stream Capacity Expansion Project for a Not-To- Exceed amount of $441,997.03. AA. Resolution No. 19-2170: A Resolution Vacating a 20’ x 20’ Existing Water and Sewer Easement Located Near the NE Corner of Lot 7, Block 2 and the NW Corner of Lot 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho Located in the NW ¼ of the NE ¼ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho. AB. Resolution 19-2171: A Resolution Updating the City of Meridian Public Meeting Space Reservation Policy and Regulations; And Providing An Effective Date. AC. AP Invoices for Payment - 10/25/19 - Special - $132,675.41 AD. AP Invoices for Payment - 10/29/19 - Special - $8,537.84 AE. AP Invoices for Payment - 10/30/19 - $1,340,010.50 AF. AP Invoices for Payment - 10/31/19 - Special - $121,005.25 AG. AP Invoices for Payment - 11/06/19 - $490,981.11 4. Items Moved From the Consent Agenda - None 5. Department / Commission Reports A. Fire Department Report: Approval of Change Order for Four Fold Doors for Fire Station 6 - Approved B. Community Development: Shared Vehicles Update and Next Steps C. City Council Discussion: Parking Standards Update 6. Executive Session per Idaho State Code 74-206 (1)(c) To acquire an interest in real property not owned by a public agency. Into Executive Session: 5:34 p.m. Out of Executive Session: 5:59 p.m. Meeting Adjourned at 6:01 p.m. Meridian City Council Work Session November 6, 2019. A Meeting of the Meridian City Council was called to order at 4:30 p.m., Wednesday, November 6, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt. Members Absent: Joe Borton. Also Present: Chris Johnson, Bill Nary, Clint Dolsby, Caleb Hood, Brian Caldwell, Mark Niemeyer, Kenny Bowers, and Dean Willis. Item 1: Roll-call Attendance: Roll Call. A. Meridian City Council X__ Anne Little Roberts _ _ _Joe Borton X__ Ty Palmer X__ Treg Bernt __X___Genesis Milam __X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Okay. Well, I will go ahead and get our work session started. Thank you all for joining us. For the record it is Wednesday. It is Wednesday, November 6th. It's 4:30. We will start with roll call attendance. Item 2: Adoption of Agenda De Weerd: Okay. Item 2 is adoption of the agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we approve the agenda as presented. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as presented. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 3: Consent Agenda [Action Item] Meridian City Council Meeting Agenda November 19, 2019 – Page 5 of 301 Meridian City Council Work Session November 6, 2019 Page 2 of 28 A. Approve Minutes of October 22, 2019. City Council Work Session B. Approve Minutes of October 22, 2019, City Council Regular Meeting C. Final Plat for Entrata Farms No. 2 (H-2019-0113) by FIG Villageat Parkside, LLC, Located at 3882 W. Franklin Rd. D. Final Plat for Razzberry Point Villas (H-2019-0114) by Integrity Partners, LLC, Located at 1434 and 1492 E. Star Dr. E. Final Plat for Shelburne East No. 1 (H-2019-0077) by Shelburne Properties, LLC, Located at 4080, 4115, and 205 E. Bott Ln. F. Final Plat for Shelburne East No. 2 (H-2019-0078) by Shelburne Properties, LLC, Located at 4115 E. Bott Ln. G. Final Plat for Shelburne East No. 3 (H-2019-0079) by Shelburne Properties, LLC, Located at 4330 and 4301 E. Bott Ln. H. Final Order for Gander Creek South Subdivision No. 1 (H-2019- 0108) by Trilogy Idaho, Generally Located Southwest of the N. McDermott Rd./W. McMillan Rd. Intersection I. Final Order for Little Creek No. 2 (H-2019-0103) by JUB Engineers, Located at 1440 N. Locust Grove Rd. J. Final Order for Summerwood (H-2019-0093) by WHPacific, Inc., Located at 4202 & 4052 W. Daphne St. K. Findings of Fact, Conclusions of Law for Idaho Fine Arts Academy (H-2019-0088) by West Ada School District, Located at 91 E. Central Dr. L. Findings of Fact, Conclusions of Law for Nick Estates (H-2019- 0086) by Nick Shearer, Located at 1180 N. Ten Mile Rd. M. Findings of Fact, Conclusions of Law for Victory Commons (H-2019-0091) by BVA Development, LLC, Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. N. Fiscal Year 2019 Community Development Block Grant Budget Amendment Meridian City Council Meeting Agenda November 19, 2019 – Page 6 of 301 Meridian City Council Work Session November 6, 2019 Page 3 of 28 O. Development Agreement for Stapleton Subdivision (H-2018- 0129) with C4 Land, LLC (Owner) and C17, LLC (Developer), Located at 4435 S. Meridian Rd. P. City of Meridian Employee Benefits Trust Agreement & By-Laws Q. Interagency Governmental Agreement for Waiver of Costs and Fees Between West Ada School District and City of Meridian R. Interagency Agreement Between Ada County Highway District And City Of Meridian For Water and Sewer Improvements for Linder Rd. and Franklin Rd. to Pine Ave. ACHD Project No. 516019. S. Cost Share Permit with the Ada County Highway District for the Linder Road, Franklin Road to Pine Avenue Project T. Master Agreement for Professional Services: Park Identities Public Art Roster Between Ken McCall and the City of Meridian U. Oaks Lift Station Pump Upgrades Reimbursement Agreement for Infrastructure Enhancement between the West Ada School District and the City of Meridian V. Termination and Release of Impact Fee Deferral Agreement - Compass W. Termination and Release of Impact Fee Deferral Agreement - Magellan X. Acceptance Agreement for Display of Artwork in Initial Point Gallery for David Dillon and Friends 1. David Dillon 2. Joan Frey 3. Cathy G. Anderson 4. Judy Holsclaw 5. Victoria Mundy 6. Mareth Warren 7. Margaret A. Thomas 8. Nancy Inaba 9. Zona S. O'Neal 10. Melisa Pearson Y. Traffic Box Community Art Project Artwork License Agreement for Anita Lawson Meridian City Council Meeting Agenda November 19, 2019 – Page 7 of 301 Meridian City Council Work Session November 6, 2019 Page 4 of 28 Z. Approval of Change Order No. 11 to JC Constructors, Inc. for the WRRF Liquid Stream Capacity Expansion Project for a Not- To Exceed amount of $441,997.03. AA. Resolution No. 19-2170: A Resolution Vacating a 20’x20’ Existing Water and Sewer Easement Located Near the NE Corner of Lot 7, Block 2 and the NW Corner of Lot 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 of Plats At Pages 12,619 Through 12,622, Records of Ada County, Idaho Located in the NW of the NE ¼ of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho. AB. Resolution 19-2171: A Resolution Updating the City of Meridian Public Meeting Space Reservation Policy and Regulations; And Providing An Effective Date. AC. AP Invoices for Payment - 10/25/19 - Special - $132,675.41 AD. AP Invoices for Payment - 10/29/19 - Special - $8,537.84 AE. AP Invoices for Payment - 10/30/19 - $1,340,010.50 AF. AP Invoices for Payment - 10/31/19 - Special - $121,005.25 AG. AP Invoices for Payment - 11/06/19 - $490,981.11 De Weerd: Item 3 is the Consent Agenda. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Madam Mayor, I move we approve the Consent Agenda as presented. For the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, will you, please, call roll. Roll call: Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: Okay. All ayes. Meridian City Council Meeting Agenda November 19, 2019 – Page 8 of 301 Meridian City Council Work Session November 6, 2019 Page 5 of 28 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Items Moved From the Consent Agenda De Weerd: There were no item moved from the Consent Agenda. Item 5: Department / Commission Reports A. Fire Department Report: Approval of Change Order for Four Fold Doors for Fire Station 6 De Weerd: So, we will move to Item 5-A, which is our Fire Department change order request. Niemeyer: Madam Mayor, Council, good afternoon. Hopefully you got the e-mail that I did send out -- Milam: What? Niemeyer: -- I believe about a week ago. To give a little bit of explanation on why I'm here tonight, this is a change order request for Fire Station No. 6 for the front bay or front garage doors. If you recall when we went through the process of developing a budget, we weren't ready to say that's what we wanted yet, because we felt like more research was needed and so we have conducted that. We have gone to a station that has these doors to look at the mechanisms, look at the opening. Just briefly, the doors open in seven seconds, as opposed to the standard kind of 15 to 20 of our existing doors. These doors don't have springs. Currently we, twice a year, have someone come in and adjust the springs on our garage doors. These don't have springs, they have a gear mechanism. They do fold open horizontally, not vertically, which is a challenge for some of our folks. As that door goes up and it goes beyond the windshield, you don't know how far up it is and so if you think about the stuff on the back of a fire engine that sits higher than your cab, that can be an issue as far as going out the door. The other -- the other feature that we think is very applicable that we like is the manual mechanism. So, if for some reason the electricity goes out at our station we do have a generator that takes a little while to kick in. The mechanism on these doors is simply a pull chain, you open the doors. Right now at our current stations with those front bay doors you have to get up on top, pull the cord, and, then, chain it open, which takes a lot longer to do. So, happy to answer any questions that you may have. De Weerd: Thank you, chief. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda November 19, 2019 – Page 9 of 301 Meridian City Council Work Session November 6, 2019 Page 6 of 28 Little Roberts: Hearing none, I would like to make a motion that we approve the chain order for the fourfold doors for Fire Station 6. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam 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. Niemeyer: Thank you. B. Community Development: Shared Vehicles Update and Next Steps De Weerd: Thank you. Item 5-B is under our Community Development and it's a discussion about shared vehicle update and possible next steps. Nary: So, Madam Mayor, I think Mr. Hood is the one that's going to present this, so he might be in route from his office. De Weerd: Okay. Well, he probably thought there would be a lot more dialogue and giving a hard time to the chief and so wasn't anticipating that. From a legal perspective how are things going? Nary: So, Madam Mayor, Members of the Council, I was in a meeting this week and did go to the Transportation Commission for some feedback as well. A couple of things that -- that Caleb will share with you, we did get data in October from the -- from the provider, from Bird. They have never fully deployed the number of scooters in the city that they had committed to. We haven't reached out to them to find out why that is, so that's a question I think for the Council discussion. We have had very few complaints. Mr. Hood is the one that receives the complaints, he is the connection for that, but we see very few. There has been pretty good usage in the parks, so we haven't had a concern from the Parks Department about usage. There are some speed controls that occur and such. So, some of that's been okay. Here is Mr. Hood. So, we haven't had a lot of complaints, so I mean if one metric is that, that's been a very positive thing that we haven't had a lot of public issues or concerns that have been raised to the city directly. Not a lot of issues from police that we have been made aware of. So, again, I can turn it over Mr. Hood, but that's where I know we are at this point is not a lot of complaints and kind of wanting to seek direction on where do we go next with -- the internal group we had some recommendations, but I don't want to steal Mr. Hood's thunder, so -- Meridian City Council Meeting Agenda November 19, 2019 – Page 10 of 301 Meridian City Council Work Session November 6, 2019 Page 7 of 28 De Weerd: Thank you, Mr. Nary. Hello, Caleb. Hood: Madam Mayor, Council, sorry I was late there. We were having a kickoff meeting to discuss the Ten Mile Village-downtown bus route and lost track of time there, so my apologies. Thank you, Mr. Nary, for covering. So -- and, I'm sorry, I hope this isn't too repetitive to what -- what Bill just mentioned, but I'm here today to kind of give you an update as we prepare to look at the next year of service for shared vehicles in Meridian. The contract with Bird Rides, Inc., expires at the end of the year and we wanted to explore with you a couple of options as we look into -- to calendar year 2020. Before talking about next year, though, I wanted to give you just a quick update and when I walked in I heard Mr. Nary, you know, kind of summarizing from staff's perspective how well it's gone, the issues we have had, and there have been some, but it hasn't maybe been as robust as -- as we would have thought going into this program. I think I would credit a lot of that to the work that staff did before launch in preparing the terms of the franchise agreement in coordinating all the departments to come together to put -- to put up an FAQ on our website, to have ready for the various departments at City Hall when someone comes and has a complaint or a concern about these, to document it in a database. So, with IT's help we have set up both that website FAQs and an internal flowchart was developed and training giving -- given to city staff, including some of the volunteers -- or through the volunteers if there were complaints about that to document it, so we understand how much time is being spent dealing with this and where those issues were. So, I will share with you in a minute some of those -- those numbers from our CRM -- CRM database and what we have tracked to date. The one note I will mention is that -- that the Police Department, if there were any crashes, they have their own database. They aren't using this. I'm not aware, though, of any -- in Meridian anyways -- crashes with -- with e- scooters. So, we have been -- and we have been talking about this, again, with key department staff anyways about this program. The clerk has pulled up, thank you, Chris, numbers for the first two months. So, Bird was authorized to deploy 1st of August. So, what you see on the screen now is what they shared with me last month for August and I have September as well. You can see -- and it's pretty self explanatory, but broken down into weeks and some of the weeks aren't a full seven days, like that first week, 8/1 to 8/4, you can see the number of scooters deployed and, then, how many trips taken. What I don't know is if that 1,317 number, the total monthly riders, if those are unique users or if that was the same -- you know, maybe there is 800 users in there and some of them are multiple users or if those are all different people or if that's -- yeah. So, I just don't know how -- how that's reported. So, I got to understand from them a little bit more what that 1,317 users actually means, if those are, again, unique users. I think we will just jump to September real quick. The real, real similar numbers, you can see deployment does kind of vary a little bit as far as numbers of scooters and I will just note the interagency agreement right now does say they will deploy at least a minimum of a hundred. So, they are technically in violation of our interagency agreement. I have not contacted them and said, hey, you need to put more of these on the street. I figured they are a private business, I realize that they are in violation, but I'm not going to say go put more out there. They are going to put -- if they thought people would ride them they are going to deploy more. They could put up to 150 and they aren't. That's in my discretion, though, but, yeah, there you see the numbers. They are even half of what their agreement said they Meridian City Council Meeting Agenda November 19, 2019 – Page 11 of 301 Meridian City Council Work Session November 6, 2019 Page 8 of 28 would deploy as a minimum. I see that getting potentially even lower as we get into colder weather. I don't know that. So, just something to consider. And that kind of leads me in -- well, first, let's talk about the -- the database. So, I did pull the numbers this afternoon in our CRM database. There are nine cases in there. IT set up for us five different options to classify. When someone calls the Clerk's Office or Planning or Public Works or whoever to complain, you can either drop down -- was it a collision or is it a disabled scooter? Was there a nuisance issue? Was it a parking issue? Or other. So, those are the five categories that we are tracking these under. Under the collisions, again, we have zero. I have zero collisions in the database. I have also had zero under the disabled category. We have had two nuisance complaints. Again, this is documented in the -- in the database. There may have been more, but those are the ones that are documented. Five parking complaints and two other complaints, with about an hour and a half of staff time spent on those nine cases in total. But, again, that isn't all of the time staff has spent, it's just been dealing with complaints. We are coordinating and discussing how can we make this better before the rollout and even answer -- getting -- you know, just trying to get up to speed for this next year and understanding what's -- maybe what our recommendation is going to be to all to look forward for the next year. So, with that we have had two meetings this past -- this past month and a meeting with Parks and Finance and Legal, Public Works, Planning. We would really like to see a full year's worth of data to understand maybe what -- and maybe have a ramp up and a ramp down provision in this agreement. So, looking at maybe doing another 12 months with Bird. The consensus was at that meeting -- they have been pretty responsive. It's worked pretty well. Again, we don't -- at the beginning of this we didn't define what success looks like. What are we really trying to accomplish as the city. So, for -- for us to answer that it was really tough. Like is it our job to push more rides? Like there is really no incentive from city staff or the city's perspective, we don't get -- we talked about the pricing structure, right, and you could have done that, but we didn't. So, really, there is no incentive for us to make this successful as a -- as an organization. Now, do we want them to be -- sure, we wish them success, but are we supposed to dedicate time to making them successful? Anyways -- but that being said, it's been relatively, you know, an hour and a half, a couple few hours of staff time. It hasn't been burdensome. So, I think it's -- I think what we came to consensus earlier this week was we would recommend -- our recommendation to Council would be to do another 12 months with Bird, collect the full year's worth of data and, then, figure out maybe what we can change and tweak going forward. Maybe that's going out for RFP again the year after with multiple vendors. But it seemed to -- and I don't want to say this -- it's worked well, because you just saw the ridership numbers and they aren't high. So, I don't know that anyone will say it's been a successful program. I -- that's a stretch, so don't mishear me, I'm not saying that, but if we were -- all of a concern on our side was about, oh, we are going to be spending hours and days dealing with complaints on this and it just hasn't turned out to be the case. But, again, to be fair it was August, September to date. So, there really hasn't been a big sample size of time and data collection, so -- but we will take your direction, that's why it's on this workshop, is to gear up for December, January, when -- when there is a new contract and just wanted to share that -- the information we have to date and what we have been talking about as staff. Again, my apologies for being late to this meeting and I will stand for any questions you may have. Meridian City Council Meeting Agenda November 19, 2019 – Page 12 of 301 Meridian City Council Work Session November 6, 2019 Page 9 of 28 De Weerd: Thank you, Caleb. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Caleb, I think it's a good idea to -- to try to get a year's worth of data, especially with seasonal issues that will be -- that will affect them there. However, I think the major purpose of the data -- of getting that year's worth of data is to determine what issues we might run into with multiple vendors -- vendors and a lot more scooters. There is no way we are going to be able to determine that with a third to half of the scooters that we required as a minimum out there. So, I think to be able to get effective data to be able to make all those proper decisions a year from now, that Council will probably be served better having more units out there. My hope would be to, you know, try to enforce that minimum number a little bit better and see, then, what might happen. Bernt: Madam Mayor? Milam: Madam Mayor? Oh. De Weerd: Caleb, I -- just a quick question to build off of that. How can you encourage them to meet their minimum numbers? I imagine they have pulled them back because they are getting very low ridership. Hood: Yeah. Madam Mayor, I -- the -- the terms of that would be we would basically tell them that they are in violation and they need to comply with that or they would be in violation of our agreement, our contract with them, so -- and I think they probably would deploy more if we just asked them to. Again, they could put them out there. I don't know what they would do to actually encourage more ridership or what we could even do to maybe help them do that, but I haven't put them on notice that we know that they are in violation. I could do that and just ask them to come into compliance. De Weerd: Well, I guess one question to at least ask them is how -- what efforts are they doing to build ridership, you know, how are they out there encouraging people to even use the scooters is the thought. Hood: I can ask them. De Weerd: I'm sorry, Genesis or -- who -- Milam: Go ahead. De Weerd: Mr. Cavener. Cavener: Madam Mayor, if these aren't being used, I don't love the idea of doubling the amount of unused scooters in Meridian. Meridian City Council Meeting Agenda November 19, 2019 – Page 13 of 301 Meridian City Council Work Session November 6, 2019 Page 10 of 28 Bernt: I agree. Cavener: That said, I think we established a process that we would open it back up right at the end of the year. This information I assume that Caleb has provided us is a public document. If any other vendor wants to present or submit, they are going to see there is not a lot of ridership in Meridian. If they see it and they think they have got a better mousetrap, to Madam Mayor's point of -- to incentivize ridership, I think that's why we have said let's have multiple vendors, so I'm not sold on -- let's not invite anybody in and I'm not super sold on let's have another vendor and I think it's at least going through the process that we outlined to at least invite vendors the opportunity to submit and go through the process and render a decision. I don't love the idea of doubling the amount of unused scooters in Meridian. Bernt: Madam -- oh. You want to go? Milam: It's all right. Bernt: Okay. So, these -- this -- this data didn't surprise me at all, actually. This is exactly what I expected. As a -- as a business owner I certainly wouldn't want to be told how many scooters I would -- you know, I think on the lines of Councilman Cavener, I wouldn't want to be told how many scooters were being -- or I should -- you know, should be deployed, knowing that ridership is so low. I just don't know if that makes a whole lot of sense. I -- the data speaks. It is black and white. Not -- not a whole lot of wiggle room. So, see what happens in the next couple of months and we will have some serious discussions in November it sounds like. Or December. De Weerd: Mrs. Milam. I'm sorry. Milam: So, yeah, I'm really along the same lines. First of all, maybe the reason we haven't had a lot of complaints is because we haven't had a lot of scooters out there and so doubling the amount of scooters that are parked on the sidewalks could just, you know, magnify the number of complaints and like you said, Caleb, this is a private enterprise. If -- you know, it's -- and it's a cart and the horse. Are they -- is there not a lot of ridership because there is not a lot of scooters or is there not a lot of scooters because there is not a lot of ridership and, then, that's not our problem I think to define. We are -- we have an agreement with them to allow their business to park on our -- on our sidewalks and in the parks and -- and to do business here, but it's not for us to dictate how, I don't believe, if -- if their scooters are better used somewhere else and then clogging up our streets, I'm okay with that. I also agree that if somebody else wants to come in and they think that they have a better model or some better marketing that they are going to do and they think their ridership will be better and improve the scooter usage, I'm okay with that. But I don't -- yeah, I don't think that it's -- I would not be in favor of mandating them to, you know, double the amount of scooters they have out there. Little Roberts: Madam Mayor? Meridian City Council Meeting Agenda November 19, 2019 – Page 14 of 301 Meridian City Council Work Session November 6, 2019 Page 11 of 28 De Weerd: Mrs. Little Roberts. Little Roberts: I tend to agree -- I'm not big on requiring that we make them put more out if they are not in use. It seems from watching the numbers that when they are -- there is more demand they are putting more scooters out and my question, Caleb, would be are they in any -- is their thought process that maybe this isn't working for them and they are not going to look at doing another year? Hood: So, Madam Mayor, I have not asked them -- Arthur that question. He has been very responsive in the handful of times that I had to communicate with him over the past -- since August. He's been very -- very responsive. But I have not asked him that question, hey, with these numbers are you guys interested in doing year two. I can ask him that. I -- again, just -- we haven't had those conversations. Our conversations have been, hey, can you correct this, I got a complaint, can you get this taken care of, not can you share with us what your -- what your -- what your plans are for -- for next year, so -- but that said, I will reach out to him and kind of just touch base with him, see what efforts they are doing -- not require them to deploy more, but just say, hey, are you -- is that in the works, is that something -- are you trying to be successful in Meridian and, if so, maybe there is something I can do to help. I can't spend a whole bunch of time with them, but if there is things that they think we can even do to sort of get it off the ground -- I mean we do -- well, I don't want to speak for everybody. I think these could be of benefit to our community. You know, first and last mile things. You know, short trips instead of having to use the automobile. But, again, they can't just rely on the city to make it go. So, I will have some of those conversations. What can we do in the last couple of months, even though snow is probably going to start flying soon, what -- what, if anything, can we do to see if we can work these last couple months and -- and improve rides or ridership or use or whatever. So, maybe it's infrastructure concerns, too. I -- we just haven't had really any of those -- I haven't had any of those conversations with him. He hasn't reached out to me either to have that conversation. But I will engage a little bit more. Little Roberts: Thank you. It just seemed like they were hitting -- falling so far from their mark that they might not even be interested in continuing this, but I do think we should open it up to anyone that thinks they could do a better job and might get more ridership. De Weerd: So, I guess, Caleb, if you can come back after you have had a chance to talk to Arthur and -- and see what some of their impressions have been and you can come back and update the Council, continue this conversation. Hood: Madam Mayor, I will do that. Just before we move on, should we, though, also begin to prepare -- I mean just from the spokes, it sounds like we are going to go out for an RFP more than likely, though, later this year. I mean that's going to take some time to dust that off and make sure it's current. You know, we did talk about that, too, as staff, if that was the desire of the Council, remove the exclusive clause or at least the confusion about, you know, who can apply and that we can have multiple vendors potentially, but at least move that direction. No decision has been made, but should we -- at least that level of effort to put together a draft RFP as well and prepare -- again, we are in November, so Meridian City Council Meeting Agenda November 19, 2019 – Page 15 of 301 Meridian City Council Work Session November 6, 2019 Page 12 of 28 we don't have a whole lot of time to move on this and get requests if we are going to be ready to go in January. De Weerd: It would be interesting if the -- if more companies reply, then, there is an interest to see if there is a market here. If -- if they don't maybe they take what Bird has done so far and said it won't work in -- in our kind of community, so -- Hood: I will -- so, I will talk to Arthur. I will also follow up -- I will just also throw it out there -- I mean this was a pilot and I'm not advocating for this, but we don't have to do anything in 2020. You know, I could talk to him and he would say, you know, yeah, it didn't work for us, good luck to somebody else, and come back to you and we could still go out for RFP, but we don't have to have a service -- shared vehicle service provider. I mean that's not a requirement, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, are you talking about if -- if Bird decides they don't want to provide the service in Meridian? Hood: So, Madam Mayor, I wasn't trying to imply if Bird says they aren't interested we might not go out for RFP and see if someone else is, but just, irregardless, you could make the decision we are done with this, we have got enough data -- the two, three months data is enough, just -- it's not -- this -- our community is not set up for it and you could make that decision. We don't have to have a service provider. Milam: Madam Mayor, follow up. Well, I wouldn't be for that. I think that -- I wouldn't -- I mean I wouldn't be ready to tell Bird, thanks, but no thanks. So, we -- because of the low amount of complaints that we have had. But I do think we should go out for an RFP and see if there is any other interest. It might be is -- is it -- is the number -- the minimum number included in the RFP? Maybe that should come out. That would be my suggestion. Maybe not have that -- maybe that's not necessary to be part of it, since we are not really requiring that at this point. De Weerd: Okay. Any other comments? Okay. Keith, do you want to come up to the microphone. Watts: I was just discussing, you know, when we do go out for an RFP we probably want to have at least -- if we remove that minimum we still would probably want a maximum. I mean we have to put some parameters in our RFP so they understand what they are going to be proposing against. So, I think we need to have some type of information in -- and we probably, even though we are winding down, I mean I don't know if we should do a contract amendment, but if we are not going to hold them to the contract they currently have, I would rather amend that contract. I don't want to sit -- I don't have a contract that we are not maintaining with our vendor or allowing them to violate or not Meridian City Council Meeting Agenda November 19, 2019 – Page 16 of 301 Meridian City Council Work Session November 6, 2019 Page 13 of 28 fulfill the requirement. So, I think it would be best, even when we go out for an RFP and contract with somebody in the future, we want to show that we keep our vendors to our contracts. De Weerd: Well, it doesn't sound like anyone has an issue removing the minimum. Watts: Okay. Palmer: Madam Mayor? Cavener: Mr. Bernt. De Weerd: Sorry. Mr. Palmer. Palmer: I feel like this was a major point of the discussion last time and, then, it was as if it never happened. But the conversation was up to two, instead of exclusive, which I think would be an appropriate move from where we are at now up to two and, then, that way when -- no matter how many apply, one or two, is the decision. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess my only caution about removing any type of a minimum is that would, essentially, allow something I think this Council contemplated is awarding a contract to somebody who never actually deploys and so, again, I trust staff -- look at the numbers, come up with a number that you think is in line with what we have seen in kind of these low turnout months, so that the vendor is at least obligated to fulfill -- and you could say I didn't -- I'm not required to deploy any, so we didn't, which to me, then, kind of fails to achieve what we had at least intended. I think we spent a lot of time contemplating. We spent a lot of time talking scooters in 2019 and so -- Watts: Just -- just to throw something out there. So, if we -- if the number was a hundred, if you say, you know, that was the average, if you put a minimum of a hundred for two, then, you have 200 out there, do you want 200 out there? I just want to know exactly what you're expecting from us, so we -- Cavener: Madam Mayor? Sorry. Caleb had a number that was on one of the charts that was showing us what we had. I would say whatever that lowest number is rounded up -- 50. So, a minimum of 50. I mean if that's a 50 from each vendor, I'm good with that -- Watts: Okay. Cavener: -- Council is amenable. Watts: Thank you. Meridian City Council Meeting Agenda November 19, 2019 – Page 17 of 301 Meridian City Council Work Session November 6, 2019 Page 14 of 28 Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Then I guess we need to amend -- obviously amend the contract we have with Bird to 50, if that's what we are going to do and, then, hold them to it if they fall below that. Watts: Okay. Hood: So, Madam Mayor, my -- what I was going to do is first talk to Arthur and say which -- which would you rather -- do you want to -- do you think you can make a hundred work and be in -- consistent with our current contract, because, if so, let's do that, that's maybe easier than amending the contract, but if it's, yeah, we will throw 50 more out there, but they are just going to lay around, then, I would say let's just amend the contract. I don't want to clutter the streets, but what can we do to get you to put a hundred out that will be used, you know. Milam: Madam Mayor? De Weerd: How do we even know how many they have out until they report it a month later. Hood: It is in arrears. It is in arrears. So, I don't -- I can't imagine today, though, Madam Mayor, they are putting out more than they were in September when the weather was nicer. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The -- the problem that I have with that, Caleb, is if the hundred are being used and we are putting out an RFP and say we take on another vendor and we are going to require the same -- the same standards, so their minimum is going to be a hundred, which means we are going to have 200 out there and if only 40 or 50 are being ridden, it is just cluttering the streets. So, I would be for -- because it's a business they are going to put out as many as they can get ridden -- the maximum is not 50, it's the minimum of 50, so I would -- I'm for lowering the minimum to 50 for each vendor and, obviously, if they are going to get more ridership they are going to put more scooters out and they can still put whatever -- what was the maximum? Hood: Up to 500 is what we allow. Milam: Yeah. So, I would rather let them and their business model dictate how many they put out personally. Meridian City Council Meeting Agenda November 19, 2019 – Page 18 of 301 Meridian City Council Work Session November 6, 2019 Page 15 of 28 Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: Caleb, do you have all your questions answered? What about you? We are good. Move on. Hood: Thank you. De Weerd: I think that that means bring back an amendment to 50 and -- and that's what you consider in bringing a draft back to Council in terms of going out with an RFP and seeing what Council says at that time. C. City Council Discussion: Parking Standards Update De Weerd: Item 5-C is a City Council Discussion that will be led by Mr. Cavener. Cavener: Thank you, Madam Mayor, Council. I will just sit here if it's -- if it's all the same. But this is just a continuation of a -- of a past conversation. You should all have in front of you a draft ordinance. I know Rich is here from Code Enforcement to address some of the questions that came up in terms of what enforcement would look like should this be passed. I think this is just an opportunity for Council to review and if Council still is supportive of moving forward, then, we get this scheduled for a public hearing. But I think it's important before we do that, that you have had the opportunity to hear from -- from Rich and the concerns in terms of enforcement and what staffing would look like. So, I will turn it over to Rich to be able to address his presentation and, then, we can discuss from there. De Weerd: Hi, Rich. Everett: Hi, Madam Mayor, Members of Council. Thanks for having me. Appreciate the opportunity to come and talk. Mr. Cavener and I have had the opportunity to sit down and discuss this issue at length and it's just a great opportunity for me to be able to stand before you and have you understand just the workflow that goes into the current enforcement of the current UDC section and, then, what it might entail if you were to move forward with the amendment. Hopefully that will give you a basis for understanding when you make your decision. So, currently with the way the parking standards are set forth in the Unified Development Code, we receive a complaint of a prohibited vehicle being stored on private property. The officer will respond and verify whether or not there is a violation. They will document that violation through photographs and a short report and, then, we will make contact with that property owner and educate them as to what the requirements are in the UDC and, then, set a reasonable compliance date to have them come into compliance. Just like all of our approach, we are educating before we are taking any enforcement and most times it's -- all it takes is education and, then, the folks come into compliance. After that compliance date expires the officer would return for the second time and if the violation had been remedied the case is closed. If it's not remedied, Meridian City Council Meeting Agenda November 19, 2019 – Page 19 of 301 Meridian City Council Work Session November 6, 2019 Page 16 of 28 then, a formal notice of violation letter will be served to the property owner and, then, it would advise them that they could be subject to prosecution if they didn't come into compliance and, then, we would move forward with prosecution at the last resort if they didn't come into compliance. So, we have two visits, one to verify and educate and, then, two, to confirm the violation still exists or it's been remedied. If you choose to move forward with the amendment as proposed, it's going to require a significant increase in the amount of work put in by -- by folks to document it. The complaint would come in, the officer would go to the property and verify that a violation existed and he would have to document that the vehicle is there. If we have a time limit that a specific vehicle is allowed to be there, we are going to have to somehow mark that vehicle to start the talk -- to start the time, to start the clock ticking, so if we have a 72 hour window allowed, somehow we are going to have to document that vehicle. Right now when we document a vehicle's position and location on public property it's super easy we move up to the vehicle we are able to mark the vehicle or mark the street around it to physically place that vehicle at a documented location. We can't do that on private property on a driveway. We all have rights to be secure in our property and we can't have a government official walking onto your driveway to start marking your vehicle or marking your driveway to start that documentation purpose, because movement is the number one thing in enforcing these vehicles if they are there for a certain duration. Movement, however slight, whether it be an inch or not, is movement and, then, that time window would start. So, we have the hurdle of not being able to readily document the vehicles. We could document the vehicles through photographs, which we were successfully able to do in a lot of cases, but those photographs had to be very specific and taken in a way that we can reference a very specific landmark and part of that vehicle and that's not always feasible from the street if it's in someone's driveway, visual obstructions and things of that nature. So, we have the documentation difficulty. Then if we did find that the vehicle there could be in violation, because it wouldn't be in violation upon our arrival, because it's allowed to be there for the time period, we would go and contact the property owner and advise them that they may be in violation and as you can imagine that's -- that's not a comfortable conversation when you have to go tell someone you might be in violation, because the -- the return from our residents are why are you bothering me if I only might be in violation. You're bothering me at home. So, we would give them that you might be in violation and, then, return after 72 hours to see if it actually were in violation and, then, at that 72 hour mark we are stuck with documenting or referencing the documentation we may have been able to get to document the location of the vehicle. If we have a photograph that it's undeniable, I can say that the placement of the valve stem on the front tire was pointed at 12:00 noon and it's still pointed at 12:00 noon and it looks to be in the same location and I can reasonably believe they are in violation, then, we can move forward with enforcement. The chances of that happening are -- are very slim as far as being able to prove that level of belief on every one of them. We don't have the manpower to surveil, nor would we for this type of violation, a property for 72 hours to see if a vehicle moved. And, then, we run into the problem of if the vehicle is there for the 72 hours, but it did move an inch or so and the clock had to start over, we have a public perception issue of I have complained about this vehicle time and time and time again and you are not doing anything, when, in actuality, the person's in compliance, because they moved the vehicle. So, we have a few things that we would have to work around if we chose to -- or if you Meridian City Council Meeting Agenda November 19, 2019 – Page 20 of 301 Meridian City Council Work Session November 6, 2019 Page 17 of 28 chose to move forward on it. The way it currently sits, just the mere presence of a prohibited vehicle is a violation. There is no time limit. There is no waiting to see if it would turn into a violation. So, it's readily identifiable. We usually have two visits. Approach, educate, come back, close the case and it's done and the complainants, when they make that complaint, they see results. With the new amendments vehicles would be conditionally allowed, so that conditionally allow just creates a pretty significant gray area that's hard for us to identify without extensive work and, then, we have this situation where we would require continual contact -- re-contact with the property owner and it almost becomes somewhat of a form of that annoyance by us, the government official, coming and talking to them on a weekly, if not, you know, a couple times a week basis and so that it just really -- really weakens how the public views us as their servants if we are making that approach all the time and, then, back to the perception. Just nothing's getting done is how it's perceived. And, then, putting that additional workload on my folks is -- is concerning to me just in the fact that we have had a significant increase in work in the last year, over 36 percent increase in the amount of work we are doing with the same amount of people and we are on track to surpass that. So, it makes it tough to be able to put in the work necessary to enforce the new ordinance if it were passed in that way. So, I could stand for any questions you guys might have about it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Rich, how many cases a year are you dealing with this right now? Everett: Dealing with parking standards? Cavener: Yeah. People -- yeah. Everett; I couldn't -- I couldn't answer it specifically. Six thousand cases overall across the year for five officers to handle. But this specifically -- I can't speak to the number, but I can tell you it's probably the most contentious thing that we deal with, but I can't give you a number of how many we deal with. Cavener: Thanks. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: And of those people that you visit when you go back for the second visit how would you say that most of the time is the problem taken care of or what's that like? Everett: Yeah. I would -- an overwhelming number of them are resolved through our education platform. Very few I would -- I can say less than five of these type of cases went to prosecution this year and -- it's a guess, but I would say, you know, we handle Meridian City Council Meeting Agenda November 19, 2019 – Page 21 of 301 Meridian City Council Work Session November 6, 2019 Page 18 of 28 anywhere from ten to 15 of these a week. So, there is a significant number of these complaints that come in, but less than five of them went to prosecution, because of that education platform we take in setting a reasonable compliance date with our residents and getting them to come into compliance without enforcement. De Weerd: And how many of them, though, are -- are repeats? Everett: A lot of them. Madam Mayor, a lot of them are repeat. So, we have folks the way our -- the way the UDC is currently set its upon notice of that violation we have to give them warning and, then, reasonable compliance date. Well, a reasonable compliance date usually is a week, but when you move your vehicle and, then, you bring it back the next day, the process starts over, because the way the UDC is written. So, I might give you a compliance date of seven days. On day six you move it and, then, on day eight you bring it back and the whole process starts over. So, it's a very arduous process that's set forth in the UDC to enforce the violations. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm just going to do a little refresher. So, this -- the point of this original conversation was to allow boats and campers to park in a driveway for up to three days, like they would be allowed to park in the street; correct? Everett: That's the proposal. Milam: Okay. So, say we do nothing and somebody does it anyway and, then, they -- and, then, you get a complaint, so you go over there, you're just going to give them a warning anyway and, then, there will be compliance, am I kind of reading that right? Everett: You -- you absolutely feel my frustration. Yeah. Sure. So -- but that's -- that's the way our city code, the Unified Development Code, is written is that we shall go through that process. It's not our choice of practice. It's following the code. De Weerd: And so, Rich, your point is you already have this long arduous process for the street. If you add the driveway you just double it. Because right now in the driveway it's not allowed, so you can take care of it then or -- it really doesn't save you an effort one way or another. Everett: Madam Mayor, the street -- and to Mrs. Milam's question about whether or not they are allowed for 72 hours, I thought you were speaking to the driveway, but there are differences. On the street we don't take that approach I just talked about where the code requires us to issue the warning and, then, we go back and give a notice of violation. On the street it's a citable offense and we are able to issue a -- an infraction citation on the spot if it's a routine offense. But on the private property on the land use respect, then, we Meridian City Council Meeting Agenda November 19, 2019 – Page 22 of 301 Meridian City Council Work Session November 6, 2019 Page 19 of 28 have to follow the conditions that are set forth in the Unified Development Code and that's that warning, then, enforcement process. Milam: Madam Mayor? De Weerd: Did that help? Milam: Kind of. Except I'm still having a hard time with enforcement between the difference of whether we have this ordinance or not. So, as it stands today I have a boat in my driveway. I'm only keeping it for three days, but you don't know that. Everett: True. Milam: So, my neighbor complains and you come -- well, you come to my house. Do you just ticket me for having a boat in my driveway or do you come give me a warning? Everett: So, a warning. We don't have the authority to issue a citation for a land use violation the way the city code is written. Milam: So -- now, Madam Mayor, follow up. If we pass this ordinance and allow it for 72 hours, then, what is the process? Exactly the same? What it sounds like. Everett: The process would be very similar, with the change being that you could move your vehicle, your boat, whatever it was in question, you can move it one inch and the 72 hour period would start over again and we -- you wouldn't be in violation until that 72 hour period was proved reasonably believed that it had been there for 72 hours. Right now the mere presence of that vehicle is a violation and we are able to address it right away, where we would have to prove that 72 hours every 72 hours or every movement incident. I don't know if I got that across well enough. Milam: Yeah. I understand that. But my -- the main point is if you wouldn't do any -- there is nothing you would do to me today. Everett: In either -- in either situation, no. Milam: In either situation. Okay. Everett: No, there isn't. Milam: Sorry. Thank you, Rich. Everett: Sure. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council Meeting Agenda November 19, 2019 – Page 23 of 301 Meridian City Council Work Session November 6, 2019 Page 20 of 28 Little Roberts: Madam Mayor and Rich, it's my understanding there is a big difference in how you obtain compliance on the street, public versus private, where you can't get on easily to mark and -- and prove that they have not moved for 72 hours. Everett: Yes, you are correct in that and on the street we have the ability to issue a citation for the violation, but we still start with that education platform if the person is there. On the street a lot of times it moves to a citation right away, because there is no one to educate. We don't know who the vehicle belongs to. It might be parked in a business area where we can associate it with the residence and, then, we have to move towards the citation eventually. But we usually still start with a warning -- a written warning for that vehicle just to educate our residents. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple I guess clarifications. So, Rich, what I heard you shared to Council Member Milam is that in either scenario we just warn. What I have heard from citizens who have been threatened with arrest, vehicles being impounded, citations, are they all just prone to puffery or is that part of the information that we share? Everett: It's -- it's definitely not part of the information that we share. We -- there is nothing in our city code that would allow me to impound a vehicle or arrest someone for being in violation of the UDC. It's just -- the authority is not there even if we were inclined to try it. Cavener: So, I guess, then, Madam Mayor, Rich, Council Member Milam's point, why even have an ordinance to the UDC if -- if people can just do it and you are just going to warn them, I mean -- Everett: Sure. Cavener: -- I guess that's where the disconnect is. What I have heard from citizens is different than what I have heard from you and I -- and I'm not saying one way or another just it's -- I think that's the confusing part is that for us we had one understanding and we are hearing something different from you tonight. Everett: Sure. And I can speak to that. The -- the warning is not -- is not the only thing that happens. The warning is what we always start with, because of our -- our approach. But the case -- if the person does not come into compliance after they have received the warning and they have been served through a method of service that's outlined in the UDC, this notice a violation letter that -- that notices them you were in violation of such code and you have until this day to come into compliance, if that compliance date expires and they are not in compliance, then, an investigative report is prepared and it's submitted to the Boise city prosecutor's office and, then, a summons is issued for that person, that property owner or the person causing the violation and, then, they are subpoenaed to Meridian City Council Meeting Agenda November 19, 2019 – Page 24 of 301 Meridian City Council Work Session November 6, 2019 Page 21 of 28 court and they have to go through the legal proceeding when we bring the criminal charge against them. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, say they do come into compliance, because you are going to come back and check; right? After a certain amount -- a certain date. And, then, two months later they do it again. Does that start over -- Everett: It does start it over and that's -- Milam: So, as long as they come into compliance within that window, then, nothing happens. Everett: Correct. Milam: And how long is that window generally? Everett: The Uniform Development Code is specific in saying a reasonable compliance time. We usually give them a week, but if that vehicle has been there for five years and it's buried by a whole lot of other items, then, we are going to come down and sit down and come to an agreement with them on what is reasonable to them. But usually a week. Milam: But the minimum would probably be a week? Everett: Yeah. Milam: Okay. Thanks. Nary: Madam Mayor, maybe I could help, too, from the prosecution side. I think one of the things that maybe isn't getting across clearly -- from a prosecutor's standpoint if you are going to allow them to park it on the driveway for any period of time, it is virtually impossible to enforce it, because now every time it moves it starts over, which means from the enforcement standpoint the officer has no way to know that it didn't go, leave, park on the street, go to the store, take it up to the river, bring it back. So, from an enforcement standpoint I think that's the difference. Right now they can't park a motorhome or RV on their driveway, not for five minutes, not for ten minutes, not for 72 hours. That's the violation. That's what they -- they have time to remove it. If you are going to allow them to party for a period of time, I think what Rich is saying is it's very difficult to even gauge that it's in the same location, but, secondarily, I -- from a prosecutor standpoint, to be frank, code enforcement violation cases are not the most serious cases they have, so to -- to try to determine that this RV has been sitting there and the stem on the tire is in the same location, is going to be a real tough sell to a magistrate. So, I think when the folks -- and I don't think it's all puffery. I mean these are -- these are ultimately Meridian City Council Meeting Agenda November 19, 2019 – Page 25 of 301 Meridian City Council Work Session November 6, 2019 Page 22 of 28 misdemeanors. They ultimately could lead to potential for a jail or a fine. Never in my wildest dreams is somebody going to get that, unless they are the problem, they cause a problem to the court, they cause a problem for continuing the issue, that may be something, but is somebody going to get fined and jailed for parking their RV on their driveway? Not very likely. But I think that's the point is that if you grant a period of time to park on the driveway from an enforcement standpoint, you are pretty much going to be stuck with it being there, because trying to prove it didn't move for 72 hours is going to be virtually impossible. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: And I guess I will just -- a quick refresher for Council with my work on this. When we talked about this a number of months ago we said, okay, we can leave it as is. We can open it up and let people park there as long as they want, it's their property, or come up with something that was maybe a sensible compromise and I think part of that was based on what I had heard from code enforcement, which is the majority of our citizens come into compliance with the great customer service from code enforcement are educated. So, we can continue to spin our wheels about what the worst offenders are going to do, but, guess what, no matter what we do, the worst offenders are always going to keep doing what it is that they want. So, to me I think this was a sensible approach to meet the overall needs of our citizens. So, those that want to follow the rules can still be able to use their property at their home. So, I think that we have some of the best code enforcement staff in the nation who follow the Meridian Way in terms of educating and working with our -- our citizens and we heard that tonight. By and large you go, you educate people getting in compliance. Yep, there is the bad offenders that are repeat offenders that aren't going to follow the rules and no matter what we do aren't going to do it. So, we can continue to spin our wheels about what they will or won't do or we can move forward or we can be -- we can be done with this. But I -- I don't know how many more hypothetical cases around this issue we should discuss. I just think that we can either move forward or we can -- we can be done with this issue. Bernt: Madam Mayor? De Weerd: Mr. Bernt. Bernt: I -- I want to thank Councilman Cavener for putting this together. I think this -- this ordinance -- or this -- this code is -- can be a little bit confusing for folks and I want to thank Rich for your -- for your willingness to come and speak to us this evening. I can -- I can sort of read between the lines in what you're telling us this evening. I think you are doing a very gentleman job of saying this is probably not a fantastic course of action and I don't want to put you on the spot, but I just sort of maybe what -- that's sort of what I'm picking up what you're putting down to a certain degree. I probably won't be in favor of going forward with this ordinance, but maybe looking at it in a different direction, maybe if you are having success in regard to education, maybe that's where our focus should Meridian City Council Meeting Agenda November 19, 2019 – Page 26 of 301 Meridian City Council Work Session November 6, 2019 Page 23 of 28 be. I know that just as a side note, when we were educating our citizens in regard to placement of trash cans on the road -- and this is no joke -- the next week every single one of my neighbors who were parking -- or putting their trash cans on the road -- or, excuse me, on the sidewalk were on the road and so I think that the city does a fantastic job getting out messages when things need to change and I think that maybe I would be more inclined to support an educational process in which we reach out to our citizens through our multiple areas of -- you know, whether it be Facebook or social media or whatever and just see how that goes and I think that you will find that it will get better and to the point that Councilman Cavener said about those who will continue to be the problem, well, then, we will just have to deal with those people. It's -- it's impossible to correct bad behavior when bad behavior doesn't want to change. Everett: Sure. Bernt: So, that's my two cents. I appreciate you for all this time and, Councilman Cavener -- Cavener: Madam Mayor? Bernt: -- thank you for putting all this together. So, I think that it is somewhat of a confusing topic. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A suggestion. And just kind of following our past process on this, we typically haven't done where we have had a staff presentation and, then, invited the public to comment and we typically have allowed the public to comment and included staff presentations into this. I don't believe we noticed this as -- as a public hearing. I think that my opinion, again -- but I think just from a process standpoint we should at least schedule this for a public hearing to allow the public to come in and weigh in on this one way or another and if we hear from our citizens saying, yes, this is an issue or from our citizens, no, this isn't an issue, I think that's important context for us to take in before we say, yeah, we want to do this. Just because we have -- we have at least got a draft at this point I think that we owe it to the public to at least allow them the chance to chime in. De Weerd: But we also owe it to the public that we set reasonable expectations on if it's enforceable or not and -- and it sounds like it would be staff intensive and not necessarily effective. So, it is up to this Council if you want to bring it out for public comment, but, then, what? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda November 19, 2019 – Page 27 of 301 Meridian City Council Work Session November 6, 2019 Page 24 of 28 Milam: Just thinking in a different direction, as opposed to allowing them parking, what about changing the penalty and what it currently is from a misdemeanor to -- Bernt: A felony. Milam: Felony. To a citation, like we have done with so many other things when we are trying to get misdemeanors off the books. That way the people who are being threatened or feeling like they are being threatened that they might go to jail, it removes that. It removes a lot of the strain from the code enforcement officers. It's a ticket, a low offense, but that's it. And they still would get a warning and, then, feel like we are being responsible citizens. No? No takers? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: And I would love it. I have got some neighbors that have their RV out and it's parked correctly, it does not stay there long, but it would make our little driveway and area much safer if they could pull it in. But it sounds like it's absolutely completely -- difficult is about the best word I can come up with -- to even try to enforce it, because of coming on private property, how do you mark it, and I can't imagine the time and effort that that would take on an increased number of calls and so I was very much in support of this, because I thought, great, our little street is going to be safer because they can pull it in their driveway. They are there for two days and, then, once a month, you know, he comes back for two days and leaves again and so -- but it just sounds like it's completely unreasonable to try to enforce it. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think that sometimes what's in the best interest of the safety of our children may be a difficult thing. It's worth doing hard things to solve so many of those issues where it would be super easy to just park it in the driveway and avoid weird blind spots around corners and having to take extra wide and around strange corners when there is children trying to take safe routes to school, they are having to deal with cars coming around corners without being able to even see. It might be difficult, but it's for the children. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: One last comment. I guess if we are considering allowing them, then, we just allow them without a time frame. So, we either allow them or we don't allow them and I'm open to having a public hearing and hearing what the public has to say about that. Meridian City Council Meeting Agenda November 19, 2019 – Page 28 of 301 Meridian City Council Work Session November 6, 2019 Page 25 of 28 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I appreciate the comment from Council Member Milam and I think when I -- I think Rich knows when we started this process I think that's where I was, like let's just -- if it's too difficult to enforce, well, then, let's just -- let's remove that element. I think we heard from some folks as, no, you know, the UDC is about creating quality life and there is some belief that parking a trailer in your driveway can impact quality life and clearly if you remember Rich put together a great package that showed how quickly this can -- can spiral out of control. So, I appreciate from -- from an enforcement side just removing it makes enforcement really easy. Code enforcement doesn't have to worry about it. If we think this is an issue, then, let's resolve it and the common sense approach that we at least discussed was -- was three days because it mirrors the street's. I'm open to hearing from the public if they would rather we remove it entirely. I don't think that's what we are going to hear, but, again, however you all want to proceed I am in one hundred percent support with, but I do think just from -- from a process standpoint we have got an ordinance, let's hear from the public. If we hear from the public this is something that's important to them and it is an enforcement challenge, we like doing pilots, we can do a pilot for a few months and see what the report back is from code enforcement how many more cases. Does this result in a dropping of other cases that you are enforcing. Had we known that piece, Rich, I think that would also be really helpful to know how many you were dealing with and so I -- I feel like there is some unknowns. I think this is the right approach. I think we should do a public hearing. At least let our citizens weigh in. So, I don't -- Mr. Nary, I don't know for a process standpoint in our agenda do I -- do I make a motion on this, then, to schedule this for a public hearing? Nary: Madam Mayor, Members of the Council, certainly you can. Cavener: So, Madam Mayor, I move we schedule this for a public hearing for the 12th -- is that -- is that comp plan -- is that the week of -- let's -- let's schedule it for -- for November 12th. Milam: Is that enough time to get the word out? Cavener: We can notice it. Madam Mayor, if I can revise my motion that we schedule this for a public hearing for November the 26th. Nary: Mr. Cavener. Cavener: Thank you, Mr. Nary. Nary: So, one suggestion. One -- one discussion that's completely unrelated to this is your comp plan hearing is on the 19th. You may or may not complete all of it on the 19th and the 26th is an opportunity, if necessary, to do that, so -- because right now there is nothing scheduled. So, your first one in December may be better. Meridian City Council Meeting Agenda November 19, 2019 – Page 29 of 301 Meridian City Council Work Session November 6, 2019 Page 26 of 28 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Appreciate the exceptional guidance, Mr. Nary. Thank you for looking out for us. Third modification to my motion, Madam Mayor, is that we schedule for a public hearing on Tuesday, December 3rd. Milam: Second. De Weerd: I have a motion and a second to -- to put this out to the public for December 3rd. Any discussion? Okay. All those in favor say yes. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: And we will do a pilot program from like January until March; right? De Weerd: So, what I would ask from Code Enforcement is a recommendation. I know you are going to do whatever Council decides, but you have to look at what -- what are our cases, what would this mean and how can you enforce it and if it will be an increase, a decrease, whatever, is if you can do that analysis so Council has that. Maybe you can send it out in a pre-packet memo form so Council has that information in advance that would be helpful. Cavener: Madam Mayor, I couldn't agree with you more. I think that's a fantastic recommendation. I would also ask Rich if you could get us the breakdown and how many of these -- of that 6,000 cases you dealt with last year how many of those were dealing with people who were parking on the street for four days or longer or in their driveways. I think breaking both of those down would be good to know. Johnson: Madam Mayor? If I may, how would you like this noticed? We can do the website and NextDoor and, of course, the agenda. Is that sufficient? De Weerd: Yes. And you can work with Shandee to -- to help get it out on social media as well and just list it as a public comment. Johnson: Thank you. Item 6: Executive Session per Idaho State Code 74-206 (1)(c) To acquire an Interest in real property not owned by a public agency De Weerd: Okay. Our next item, Item 6, is Executive Session. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda November 19, 2019 – Page 30 of 301 Meridian City Council Work Session November 6, 2019 Page 27 of 28 Cavener: Move that we go into Executive Session per Idaho State Code 74-206(1)(c). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam 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: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (5:34 p.m. to 5:59 p.m.) De Weerd: Okay. I would entertain a motion to come out of Executive Session. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we come out of our Executive Session meeting. Milam: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Could I have a motion to adjourn? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we adjourn our meeting. Milam: Second. De Weerd: I have a motion and a second to adjourn our meeting. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council Meeting Agenda November 19, 2019 – Page 31 of 301 Meridian City Council Work Session November 6, 2019 Page 28 of 28 MEETING ADJOURNED AT 6:01 P.M. (AUDIO R�NG ON FILE OF THESE PROCEEDINGS) lot /t MAYO EERD DATE APPROVED ATTES �QORATEo „�c o G CH I .QN - CITY CL E IDIgN. Z OgH0 , SEAL '69 7REASCj EIDIAN,?-- CITY COUNCIL WORK SESSION AGENDA November 2019 Agenda Item Number: 3 A Item Title: Approve Minutes of October 22, 2019 City Council Work Session Meeting Notes: LZI APPROVED I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of O ctober 22, 2019 City Council Work S ession AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 10/28/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 4 of 610 Meridian City Council Work Session October 22, 2019 Page 28 of 28 MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECO DING ON FILE OF THESE PROCEEDINGS) Q MAY R T E WEERD DATE APPROVED ATTEST: O�PT`D AUGUST, 2� o� CHRIS JOHNSON -CITY L C. RK �,Q,�'Cityof ��'� EIDIAN'�- IDA�10 m� SEAL NpFR °��6e TAE �SU4� CIDIAN*,----- �wlIZDAHO CITY COUNCIL WORK SESSION AGENDA November 6; 2019 Agenda Item Number: 3 B Item Title: Approve Minutes of October 22, 2019 City Council Regular Meeting Meeting Notes: p APPROVED I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of O ctober 22, 2019 City Council Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Meeting Minutes Minutes 10/28/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 33 of 610 Meridian City Council October 22, 2019 Page 57 of 57 Borton: Madam Mayor? De Weerd: I had a motion and a second. Do you have discussion, Mr. Borton? Borton: I was going to do a substitute motion, if I could, to adjourn the meeting, in lieu of your motion. Bernt: I second that. I second that motion. Cavener: Call for the question. Let's go home. Borton: Let the record reflect Councilman Bernt is laughing. De Weerd: And what was your substitute motion? Will you, please, repeat that on the record. Borton: To adjourn. Bernt: Second. De Weerd: To adjourn what? Borton: The meeting. De Weerd: Okay. I have a motion and a second to adjourn the meeting. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:40 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 0 MAYOZ�AMY DE WEERD DATE APPROVED C�T STATTEST: I J90wCHRIS J H N - CITY L RK NC "A-H,-O�SEa �t SF EIDIAN,?-- DAJ CITY COUNCIL WORI< SESSION AGENDA November 6, 2019 Agenda Item Number: 3 C Item Title: Final Plat Continued from October 22, 2019 for Entrata Farms No. 2 (H-2019-0113) By FIG Village at Parkside, LLC. Located at 3882 W. Franklin Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for E ntrata F arms No. 2 (H-2019-0113) by F I G Village at Parkside, L L C , L ocated at 3882 W. F ranklin Rd. C lic k Here for Applic ation Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 10/25/2019 A pplicant Response to Staff Report Cover Memo 10/25/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 91 of 610 Page 1 HEARING DATE: November 6, 2019 (Tabled from: 10/22/2019) TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0113 Entrata Farms Subdivision No. 2 LOCATION: 3882 W. Franklin Rd., in a portion of the south ½ of Section 10, T.3N., R.1W. I. PROJECT DESCRIPTION Final Plat consisting of 30 building lots and 1 common lot on 6.36 acres of land in the R-15 zoning district for the second phase of Entrata Subdivision. II. APPLICANT INFORMATION A. Applicant: FIG Village at Parkside, LLC – 295 W. Center St., Ste. 201, Provo, UT 84601 B. Owner: Same as Applicant C. Representative: Kent Brown, Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the final plat depicts the same number of building lots and substantially the same amount of qualified open space as shown on the approved preliminary plat, Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. Note: A small amount of open space at the north end of the development between Lots 44 & 45 was removed and the (2) 4-plexes on those lots converted to (1) 8- plex due to an increase in the size of the storm drainage area north of Lot 45 necessary to STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 92 of 610 Page 2 accommodate drainage for the development as determined at the final design stage; a new open space area (0.04 of an acre) was added on the north side of the 8-plex to replace the area lost which amounts to less than 1% (or 0.06 of an acre) of the open space area (see exhibit in Section V.D). Staff considers this change to be negligible in the overall open space and determines the proposed open space to still be in substantial compliance with that approved with the preliminary plat. Children’s play equipment and a couple of benches are proposed as amenities in this phase of development (see detail in Section V.C). All development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. Note: The Kennedy Lateral was previously approved by City Council with the final plat for Umbria Subdivision (FP-06-011), the development to the east, to remain open and not be piped due to its large capacity in accord with UDC 11-3A-6. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VIII of this report. V. EXHIBITS A. Preliminary Plat (date: 10/16/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 93 of 610 Page 3 B. Final Plat (date: 10/7/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 94 of 610 Page 4 Meridian City Council Meeting Agenda November 6, 2019 – Page 95 of 610 Page 5 C. Landscape Plan (dated: 9/23/19) & Site Amenities Meridian City Council Meeting Agenda November 6, 2019 – Page 96 of 610 Page 6 Meridian City Council Meeting Agenda November 6, 2019 – Page 97 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 98 of 610 Page 8 3 Meridian City Council Meeting Agenda November 6, 2019 – Page 99 of 610 Page 9 D. Revised Open Space Exhibit VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0125, Development Agreement #2019-019691). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the previous phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. Meridian City Council Meeting Agenda November 6, 2019 – Page 100 of 610 Page 10 4. The final plat prepared by T-O Engineers stamped on 10/7/2019 by Rob O’Malley, included in Section V.B, shall be revised as follows: a. Note #1: Include recorded instrument number of sanitary sewer and water main easement(s). b. Note #4: “. . . Lots within Entrata Subdivision No. 12 will be entitled to . . .” c. Note #9: Include recorded instrument number of CC&R’s. 5. The landscape plan prepared by T-O Engineers, dated 9/23/19, included in Section V.C, is approved as submitted. 6. The subject final plat shall be recorded prior to submittal of any Certificate of Zoning Compliance applications for structures within this development. 7. Future development shall be consistent with the conceptual building elevations included in the Development Agreement (Inst. #2019-019691). 8. The private streets shall be constructed in accord with the design and construction standards listed in UDC 11-3F-4A, B. 9. A Certificate of Zoning Compliance and Design Review application(s) is required to be submitted to the Planning Division and approved prior to application for building permits for multi-family structures. 10. 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. Please make the following corrections to the development plans: Provide water easement to the west, at either W. Ski Jump Lane or W. Bunny Hill Lane for second future water connection to west parcel. Water main to terminate with a fire hydrant, not blow off in N. Manship Lane (near lot 45). 2. The geotechnical report submitted with this application indicates that some spread fills (artificial fill) has been deposited in certain areas within the project boundaries. The report also dictates that all artificial fill material should be removed from areas proposed for structural improvements. General Conditions: 3. 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. 4. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 101 of 610 Page 11 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. 11. 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. 12. 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. 13. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 14. Developer shall coordinate mailbox locations with the Meridian Post Office. 15. All grading of the site shall be performed in conformance with MCC 11-1-4B. 16. 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. 17. 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. 18. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 102 of 610 Page 12 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. 19. 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. 20. Street light plan requirements are listed in section 6-7 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. 21. 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. 22. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 23. 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. 24. 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. 25. 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. 26. 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 addressed 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 November 6, 2019 – Page 103 of 610 Page 13 Meridian City Council Meeting Agenda November 6, 2019 – Page 104 of 610 1 Chris Johnson From:kent brown <kentlkb@gmail.com> Sent:Friday, October 25, 2019 1:41 PM To:Chris Johnson Cc:Sonya Allen; Adrienne Weatherly; Charlene Way; Bill Parsons Subject:Re: Entrata Sub. 2 - FP H-2019-0113 Staff Report for Nov. 6th Council Mtg Chris my client has reviewed the conditions of approval and agrees and will comply Kent Brown On Fri, Oct 25, 2019 at 1:38 PM Chris Johnson < cjohnson@meridiancity.org > wrote: Thank you Sonya. From: Sonya Allen < sallen@meridiancity.org > Sent: Friday, October 25, 2019 8:25 AM To: Adrienne Weatherly < aweatherly@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Chris Johnson < cjohnson@meridiancity.org > Cc: kent brown ( kentlkb@gmail.com ) < kentlkb@gmail.com >; Bill Parsons < bparsons@meridiancity.org > Subject: Entrata Sub. 2 - FP H-2019-0113 Staff Report for Nov. 6th Council Mtg Attached is the staff report for the proposed final plat for Entrata Sub. 2. This item is scheduled to be on the City Council agenda on Nov. 6 th . The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Kent - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org ) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff repo rt by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thanks, Meridian City Council Meeting Agenda November 6, 2019 – Page 105 of 610 2 Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. -- Kent Brown Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Meridian City Council Meeting Agenda November 6, 2019 – Page 106 of 610 EIDIAN,?-- �J CITY COUNCIL WORK SESSION MEETING AGENDA November 6, 2019 Agenda Item Number: 3 D Item Title: Final Plat for Raspberry Point Villas (H-2019-0114) By Integrity Partners, I -LC. Located at 1434- and 1492 F. Star Dr. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for Razzberry Point Villas (H-2019-0114) by Integrity Partners, L L C, L ocated at 1434 and 1492 E . S tar D r. C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/1/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 107 of 610 Page 1 HEARING DATE: 11/6/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0114 Razzberry Point Villas LOCATION: 1434 & 1492 E. Star Dr., in the NE ¼ of Section 31, Township 4N., Range 1E. I. PROJECT DESCRIPTION Final plat consisting of 16 building lots and 4 common lots on 1.43 acres of land in the R-15 zoning district. This is the second and final phase of development of the preliminary plat. II. APPLICANT INFORMATION A. Applicant: Integrity Partners, LLC – 2976 E. State Street, Ste. 120 #411, Eagle, ID 83616 B. Owner: Same as Applicant C. Representative: Corinne Graham, Civil Site Works – 921 S. Orchard Street, Ste. 200, Boise, ID 83705 III. STAFF ANALYSIS The proposed final plat consists of 16 building lots and 4 common lots on 1.43 acres of land in the R- 15 zoning district. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and found there to be the same number of building lots and common area as approved with the STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 108 of 610 Page 2 preliminary plat. Therefore, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat per the conditions in Exhibit VI. Meridian City Council Meeting Agenda November 6, 2019 – Page 109 of 610 Page 3 V. EXHIBITS A. Approved Preliminary Plat (dated: 1/7/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 110 of 610 Page 4 B. Proposed Final Plat (date: 10/25/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 111 of 610 Page 5 C. Proposed Landscape Plan (date: 5/20/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 112 of 610 Page 6 D. Common Driveway Exhibit Meridian City Council Meeting Agenda November 6, 2019 – Page 113 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 114 of 610 Page 8 VI. 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-03-034 and H-2018-0130 (Development Agreement Inst. #2019- 080101)]. 2. The applicant shall obtain the City Engineer’s signature on the final plat by April 2, 2021, within 2 years of City Council’s approval of the preliminary plat, 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 Compass Land Surveying, PLLC, stamped on 10/25/19 by Lawrence H. Koerner, included in Exhibit V.C shall be revised as follows: a. Note #14: Include the recorded instrument number for the sanitary sewer easement. 5. The landscape plan prepared by Stack Rock Group, dated 5/20/19, included in Exhibit V.C shall be revised as follows: a. Reconfigure the lots to match that depicted on the revised plat. b. Remove the existing lot lines depicted on Lots 1-3 and 8-10, Block 1 from the Razzberry Crossing Subdivision plat. c. Depict vegetative groundcover within the drainage area at the north ends of the common driveways beyond the paved surface on Lots 4 and 11, Block 1. 6. Solid fencing adjacent to common driveways shall be prohibited as the Developer declined to provide a 5-foot wide landscape buffer as required by UDC 11-6C-3D.5. 7. The existing 20-foot wide sewer easement (Instrument #105139574) depicted on the Razzberry Crossing Subdivision plat across Lot 1, Block 6 shall be relinquished prior to City Engineer signature on the final plat per condition #2.1 of the preliminary plat. 8. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder for the common driveways, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment as set forth in UDC 11-6C-3D.8. A copy of the recorded easement shall be submitted with the final plat for City Engineer signature per condition #2.5 of the preliminary plat. 9. An application for Administrative Design Review shall be submitted and approved prior to submittal of building permit applications for any single-family attached units. Single- family detached units are exempt from this requirement. 10. The Applicant shall submit documentation demonstrating compliance with the requirement for this development to be included in the Razzberry Crossing Subdivision’s Homeowner’s Association; and an amenity shall be provided within the same HOA’s central common open space as agreed upon between the two parties per requirement of the Development Agreement (Inst. #2019-080101). Details of the amenity and proof of inclusion in the HOA shall be submitted with the final plat for City Engineer signature. Meridian City Council Meeting Agenda November 6, 2019 – Page 115 of 610 Page 9 11. Future homes within this development shall be generally consistent with the conceptual building elevations included in the Development Agreement (Inst. #2019-080101). 12. “No parking fire lane” signs shall be installed at the entrance to the common driveways and at the ends of the driveways. 13. Addressing signs approved by the addressing agent shall be installed at the entrance to the common driveways for wayfinding purposes to the homes accessed by the common driveways. 14. Staff’s failure to cite specific ordinance provisions or conditions from the Development Agreement and preliminary plat does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. A street light plan is required with the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. Max spacing for streetlights is 260'. One additional streetlight is required on the frontage. 2. Applicant to maintain minimum sanitary separation requirements for services lines from additional services lines and for service lines from manholes. Sheet C4.0 of the development plans shows a vacated sewer easement. The sewer main located within the existing easement section shall be abandoned in accordance with the City of Meridian Design Standards, specifically section 5-6, paragraph J. Abandoning Sewer Mains. The existing 20-foot wide sanitary sewer easement (Instrument #105139574) must be formally released by the City of Meridian upon completion of new sewer main installation, and prior to plat recordation. Applicant shall modify sewer service lines entering into SSMH B-3. Recommendation would be running an 8-inch sewer main north out of SSMH B-3 and connecting 4-inch service lines to it. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda November 6, 2019 – Page 116 of 610 Page 10 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Meridian City Council Meeting Agenda November 6, 2019 – Page 117 of 610 Page 11 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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 November 6, 2019 – Page 118 of 610 EIDIANC-- I DAJ CITY COUNCIL WORK SESSION MEETING AGENDA November 6, 2019 Agenda Item Number: 3 E Item Title: Final Plat for Shelburne East No. 1 (H-2019-0077) By Shelburne Properties, LLC. Located at 4080, 4115 and 2.05 F. Bott Ln. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for S helburne East No. 1 (H-2019-0077) by S helburne P roperties, L L C , L ocated at 4080, 4115, and 205 E. B ott L n. C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/1/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 119 of 610 Page 1 HEARING DATE: 11/6/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0077 Shelburne East No. 1 LOCATION: 4080, 4115 and 4205 E. Bott Ln., in the SE ¼ of Section 28, T.3., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 53 building lots and 8 common lots on 18.51 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Shelburne Properties, LLC – 7629 E. Pinnacle Peak Rd., Ste. 110, Scottsdale, AZ 85255 B. Owner: Same as Applicant C. Representative: Ben Thomas, Civil Innovations, PLLC – 1043 E. Park Blvd., Ste. 101, Boise, ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is one (1) fewer than shown on the preliminary plat in Block 1 and the amount of common area is the same, staff deems the final plat in substantial compliance with the approved preliminary plat. Amenities proposed to be provided in this phase are as follows: (2) picnic shelters & associated picnic tables, playground equipment with benches, internal pedestrian pathways, and a pickleball court (see Section V.C for details). STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 120 of 610 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 9/7/2018) Meridian City Council Meeting Agenda November 6, 2019 – Page 121 of 610 Page 3 B. Final Plat (date: 10/2/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 122 of 610 Page 4 C. Landscape Plan (dated: 4/30/19) Meridian City Council Meeting Agenda November 6, 2019 – Page 123 of 610 Page 5 Meridian City Council Meeting Agenda November 6, 2019 – Page 124 of 610 Page 6 Meridian City Council Meeting Agenda November 6, 2019 – Page 125 of 610 Page 7 D. Common Driveway Exhibit Meridian City Council Meeting Agenda November 6, 2019 – Page 126 of 610 Page 8 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0112, Development Agreement #2019-017516). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the plat (on or before January 8, 2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 10/2/2019 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Note #10: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.” b. Note #12: Include recorded instrument number of the ACHD License Agreement. c. Note #13: Include recorded instrument number of the CC&R’s. d. In the Legend, include the recorded instrument number for the ACHD sidewalk easement. e. Include the recorded book and page number(s) of Shelburne Subdivision No. 2 referenced on Sheet 1 of the plat. f. Widen the street frontage of Lot 14, Block 2 to a minimum of 60 feet in accord with UDC Table 11-2A-5. 5. The landscape plan prepared by Jensen Belts Assoc., dated 4/30/19, included in Section V.C is approved as submitted. 6. All existing structures proposed to be removed shall be removed prior to signature on the final plat by the City Engineer. 7. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0112 included in the Development Agreement. 8. The rear and/or sides of structures on lots that face S. Hillsdale Ave. (i.e. Lots 10-12, Block 3) and E. Bott Dr. (i.e. Lots 9-14, Block 2; Lot 13, Block 1; and Lots 2-4, Block 5) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 9. A perpetual ingress/egress easement for the common driveway on Lot 8, Block 2 is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 10. The Nine Mile Creek shall be protected during construction. Meridian City Council Meeting Agenda November 6, 2019 – Page 127 of 610 Page 9 11. Homes constructed on Lots 6-7 and 9-11, Block 2 shall comply with the common driveway exhibit in Section V.D. 12. The S. Selatir Ln access easement shall be relinquished where it crosses this site; include a copy of the relinquishment with the final plat submittal for City Engineer signature. 13. A Certificate of Zoning Compliance and Design Review applications are required to be submitted to the Planning Division and approved prior to submittal of building permit applications for the picnic shelters. 14. 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. The Streetlights along E. Bott Dr. and S. Hillsdale Ave shall be metered to meet City and Idaho Power requirements. 2. This phase of the development will result in a long dead-end water main, which may result in poor water quality. Future development to west will eliminate this dead-end and help alleviate this problem. 3. Applicant to add back the 8-inch water main connection between Phases 1 (S. Selatir Way) and the future Phase 3 (S. Taradale Pl.) as shown on the conceptual engineering plans submitted with the pre-plat. This mainline shall be within a minimum 20-foot wide common area lot between the two public right-of-ways, and an easement dedicated per General Condition No. 19 below. The water mains in S. Selatir Way and E. Bott Dr. shall be 8-inch, not 12-inch. The water main in S. Selatir Way south of E. Fratello St. shall be 12-inch for future connection to E. Amity Rd. in Phase 3. General Conditions: 4. 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. 5. 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. 6. 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. 7. 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. 8. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 128 of 610 Page 10 9. 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 p rovided 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. 10. 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. 11. 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. 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. 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. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 18. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 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. 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. 21. Street light plan requirements are listed in section 6-7 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 129 of 610 Page 11 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. 22. 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. 23. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 24. 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. 25. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 130 of 610 EIDIADAHO NC-- CITY COUNCIL WORK SESSION MEETING AGENDA November 6, 2019 Agenda Item Number: 3 F Item Title: Final Plat for Shelburne East No. 2 (H-2019-0078) By Shelburne Properties, 11C. Located at 4115 E. Bott Ln. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for S helburne East No. 2 (H-2019-0078) by S helburne P roperties, L L C , L ocated at 4115 E. Bott L n. C lick Here for Application Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report Cover Memo 11/1/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 131 of 610 Page 1 HEARING DATE: 11/6/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0078 Shelburne East No. 2 LOCATION: 4115 E. Bott Ln., in the SE ¼ of Section 28, T.3., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 13 building lots and 1 common lot on 3.07 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant: Shelburne Properties, LLC – 7440 E. Pinnacle Peak Rd., Ste. 142, Scottsdale, AZ 85255 B. Owner: Same as Applicant C. Representative: Ben Thomas, Civil Innovations, PLLC – 1043 E. Park Blvd., Ste. 101, Boise, ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 132 of 610 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 9/7/2018) Meridian City Council Meeting Agenda November 6, 2019 – Page 133 of 610 Page 3 B. Final Plat (date: 5/31/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 134 of 610 Page 4 C. Landscape Plan (dated: 4/30/19) Meridian City Council Meeting Agenda November 6, 2019 – Page 135 of 610 Page 5 Meridian City Council Meeting Agenda November 6, 2019 – Page 136 of 610 Page 6 D. Common Driveway Exhibit Meridian City Council Meeting Agenda November 6, 2019 – Page 137 of 610 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0112, Development Agreement #2019-017516). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the first phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 5/31/2019 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Note #9: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.” b. Note #10: Include recorded instrument number of the ACHD License Agreement. c. Note #12: Include recorded instrument number of the CC&R’s. d. Include the recorded book and page number(s) of Shelburne Subdivision No. 2 referenced on Sheet 1 of the plat. 5. The landscape plan prepared by Jensen Belts Assoc., dated 4/30/19, is approved as shown in Section V.C. 6. All existing structures proposed to be removed shall be removed prior to signature on the final plat by the City Engineer. 7. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0112 included in the Development Agreement. 8. The rear and/or sides of structures on lots that face S. Hillsdale Ave. (i.e. Lots 14-15 and 17, Block 3) and E. Bott Dr. (i.e. Lots 17-23, Block 3) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step -backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 9. A perpetual ingress/egress easement for the common driveway on Lot 16, Block 3 is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 10. Homes constructed on Lots 15 and 17-19, Block 3 shall comply with the common driveway exhibit in Section V.D. Solid fencing adjacent to the common driveway is prohibited unless separated by a minimum 5-foot wide landscaped buffer as set forth in UDC 11-6C-3D.5. 11. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 138 of 610 Page 8 B. Public Works Site Specific Conditions: 1. The street light plan submitted appears to meet requirements based on a preliminary review. 2. No new sewer and water infrastructure is to be constructed with this Phase of Shelburne East Subdivision. All infrastructure required to serve this Phase will be completed with Phase 1. General Conditions: 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post 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. 7. 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. 8. 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. 9. 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. 10. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 11. Developer shall coordinate mailbox locations with the Meridian Post Office. 12. All grading of the site shall be performed in conformance with MCC 11-1-4B. 13. 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. 14. 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. 15. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 139 of 610 Page 9 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. 16. 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. 17. Street light plan requirements are listed in section 6-7 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. 18. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 19. 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. 20. 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. 21. 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 addressed 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 November 6, 2019 – Page 140 of 610 EIDIAN?- CITY COUNCIL WORK SESSION MEETING AGENDA November 6, 2019 Agenda Item Number: 3 G Item Title: Final Plat for Shelburne East No. 3 (H-2019-0079) By Shelburne Properties, LLC. Located at 4.330 and 4301 E. Bott Ln Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal P lat for S helburne East No. 3 (H-2019-0079) by S helburne P roperties, L L C , L ocated at 4330 and 4301 E . Bott L n. C lick Here for A pplication Materials AT TAC HM E NT S: Description Type Upload D ate S taff Report S taff Report 11/1/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 141 of 610 Page 1 HEARING DATE: 11/6/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0079 Shelburne East No. 3 LOCATION: 4330 and 4301 E. Bott Ln., in the SE ¼ of Section 28, T.3., R.1E. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 34 building lots and 9 common lots on 11.69 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Shelburne Properties, LLC – 7629 E. Pinnacle Peak Rd., Ste. 110, Scottsdale, AZ 85255 B. Owner: Same as Applicant C. Representative: Ben Thomas, Civil Innovations, PLLC – 1043 E. Park Blvd., Ste. 101, Boise, ID 83712 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. The following amenities are proposed with this phase of development: a community orchard with picnic tables, internal pedestrian pathways, a segment of the City’s multi-use pathway system along the Ten Mile Feeder Canal, and a picnic shelter and picnic tables. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 142 of 610 Page 2 IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (date: 9/7/2018) Meridian City Council Meeting Agenda November 6, 2019 – Page 143 of 610 Page 3 B. Final Plat (date: 10/7/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 144 of 610 Page 4 C. Landscape Plan (dated: 4/30/19) Meridian City Council Meeting Agenda November 6, 2019 – Page 145 of 610 Page 5 Meridian City Council Meeting Agenda November 6, 2019 – Page 146 of 610 Page 6 D. Common Driveway Exhibit Meridian City Council Meeting Agenda November 6, 2019 – Page 147 of 610 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2018-0112, Development Agreement #2019-017516). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Engineer’s signature on the second phase final plat, or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions stamped on 10/7/2019 by Clinton W. Hansen, included in Section V.B shall be revised as follows: a. Note #10: “. . . recorded as Instrument No. 2019-017516, records of Ada County, Idaho.” b. Note #12: Include recorded instrument number of the ACHD License Agreement. c. Note #13: Include recorded instrument number of the CC&R’s. d. In the Legend, include the recorded instrument number for the ACHD sidewalk easement. e. Widen the street frontage of Lot 12, Block 6 to a minimum of 30 feet measured as a chord measurement in accord with UDC Table 11-2A-3B.1. 5. The landscape plan prepared by Jensen Belts Assoc., dated 4/30/19, included in Section V.C is approved as submitted. 6. The existing home proposed to be retained on Lot 13, Block 6 shall hook up to city water and sewer service within 60 days of it becoming available as set forth in MCC 9-1-4 and 9-4-8. 7. The existing garage on Lot 1, Block 9 is allowed to remain as an accessory structure to the future home to be constructed on that lot and shall not be used as a residence. 8. All existing structures proposed to be removed shall be removed prior to signature on the final plat by the City Engineer. 9. Future homes constructed in this development shall substantially comply with the conceptual elevations approved with H-2018-0112 included in the Development Agreement. 10. The rear and/or sides of structures on lots that face E. Bott Dr. (i.e. Lots 3-6, Block 6; Lot 20, Block 6; Lot 2, Block 8; and Lot 2, Block 7) shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public streets. Single-story homes are exempt from this requirement. 11. A perpetual ingress/egress easement for the common driveway on Lot 12, Block 7 is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 12. The Nine Mile Creek shall be protected during construction. Meridian City Council Meeting Agenda November 6, 2019 – Page 148 of 610 Page 8 13. Homes constructed on Lots 9-11 and 13, Block 7 shall comply with the common driveway exhibit in Section V.D. 14. A Certificate of Zoning Compliance and Design Review applications are required to be submitted to the Planning Division and approved prior to submittal of building permit applications for the picnic shelter. 15. 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. The Streetlights along E. Bott Dr. shall be metered to meet City and Idaho Power requirements. 2. This phase of the development will result in two long dead end water mains which may result in poor water quality. The dead end in E. Awbrey St will be eliminated with future development to the west. The dead end in S. Taradale Pl will be eliminated with the required connection to the west into phase 1 (S. Selatir Way). 3. Applicant to add back the 8-inch water main connection between Phases 1 (S. Selatir Way) and the future Phase 3 (S. Taradale Pl) as shown on the conceptual engineering plans submitted with the pre-plat. This mainline shall be within a minimum 20-foot wide common area lot between the two public right-of-ways, and an easement dedicated per General Condition No. 19 below. The water mains in S. Selatir Way and E. Bott Dr. shall be 8-inch, not 12-inch. 4. The 12-inch water main in S. Selatir Way (Phase 1) shall be extended south and connect to E. Amity Rd in order to provide enough flow and pressure to this Phase. General Conditions: 5. 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. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 149 of 610 Page 9 prior to final plat signature. This surety will be verified by a line item cost estimate p rovided 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 16. Developer shall coordinate mailbox locations with the Meridian Post Office. 17. All grading of the site shall be performed in conformance with MCC 11-1-4B. 18. 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. 19. 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. 20. 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. 21. 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. 22. Street light plan requirements are listed in section 6-7 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 150 of 610 Page 10 Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 23. 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. 24. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 25. 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. 26. 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. 27. 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 addressed 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 November 6, 2019 – Page 151 of 610 EIDIANDAHO ,! CITY COUNCIL WORK SESSION AGENDA November 1 , 2019 Agenda Item Number: 3 H Item Title: Final Order for Gander Creek South Subdivision No. 1 (H- 20190108) By Trilogy Idaho, generally located Southwest of N. McDermott Rd./W. McMillan Rd. Intersections. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.H. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for G ander C reek S outh Subdivision No. 1 (H-2019-0108) by T rilogy Idaho, Generally L ocated S outhwest of the N. M cD ermott Rd./W. M cM illan Rd. Intersection AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 11/4/2019 E xhibit A E xhibit 11/4/2019 E xhibit B E xhibit 11/4/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 152 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 22, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 76 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS, 1 BUILDING LOT FOR A FUTURE FIRE STATION AND 11 COMMON LOTS ON 25.06 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR GANDER CREEK SOUTH SUBDIVISION NO. 1 BY: TRILOGY IDAHO APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0108 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 22, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING GANDER CREEK SOUTH SUBDIVISION NO. 1, LOCATED IN THE NE ¼ OF SECTION 32, T.4N., R.1W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, Meridian City Council Meeting Agenda November 6, 2019 – Page 153 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB 1 – FP H-2019-0108 Page 2 of 3 2019, HANDWRITTEN DATE: SEPTEMBER 11, 2019, by CODY MCCAMMON, PLS, SHEET 1 OF 5,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 22, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Kent Brown, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at Meridian City Council Meeting Agenda November 6, 2019 – Page 154 of 610 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 44, day of 1 0ye,M bQA[� , 2019. By: Tammy de rd Mayor, Ci of Meridian Attest: ch, CUS �1 r9��f� IAN�=--'Chris Jo sonCity C er LF. Pb�Q�00, Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Onalum�A)2 Dated: [ t —to - r9lo 19 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GANDER CREEK SOUTH SUB I — FP H-2019-0108 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0108 Gander Creek South No.1 LOCATION: Generally located southwest of the N. McDermott Rd./W. McMillan Rd. intersection, in the NE ¼ of Section 32, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a final plat consisting of 76 single-family residential building lots, 1 building lot for a future fire station, and 11 common lots on 25.06 acres of land in the R-8 zoning district. II. APPLICANT INFORMATION A. Applicant: Trilogy Idaho – 9839 W. Cable Car St., Boise, ID 83706 B. Owner: Union Square, LLC. – 9839 W. Cable Car St., Boise, ID 83706 C. Representative: Kent Brown Planning – 3161 E. Springwood Dr., Meridian, ID 83642 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2019-0013) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots is the same and the amount of common open space area is greater than shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 156 of 610 preliminary plat. A total of 1.6 acres (or 12.6%) of common open space is proposed with this phase; amenities consist of a tot lot and pathway to the school. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat (dated: 5/13/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 157 of 610 Page 3 B. Final Plat (dated: 9/6/19) Meridian City Council Meeting Agenda November 6, 2019 – Page 158 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 159 of 610 Page 5 C. Landscape Plan (dated: 09/12/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 160 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 161 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 162 of 610 D. Amenities (Pool House, Playground Equipment & Picnic Shelter) Meridian City Council Meeting Agenda November 6, 2019 – Page 163 of 610 Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2019-0013; DA instrument number 2019-060657). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the preliminary plat (by June 18, 2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The development shall be limited to thirty (30) building permits until a secondary access for emergency services is completed. 5. The final plat prepared by Bailey Engineering, Inc. by Gregory G. Carter, dated: 9/6/19, included in Section V.B shall be revised as follows: a. Modify Note #6 as follows: “Direct lot access to N. Owyhee Storm Ave. is prohibited except for Lot 2, Block 6.” b. Modify Note #8 to include Lot 1, Block 2 as a common lot. c. Include the recorded instrument number on Note #9. d. Include the recorded instrument number on Note #10. e. Graphically depict the easement for the Nine Mile Creek where it encroaches on this plat. 6. The landscape plan prepared by Jensen Belts Associates, dated 09/12/2019, included in Section V.C, shall be revised as follows: a. Correct the name of the creek depicted on the plat from “Nine” to “Five” Mile Creek. b. Depict vegetative groundcover within Lot 5, Block 1 and Lot 2, Block 2. 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. The rear of structures that face N. Owyhee Storm Ave., a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. 9. All fencing shall comply with the standards of UDC 11-3A-7C. 10. The transfer of Lot 2, Block 6 to the Fire Department for the development of a fire station shall take place with recordation of the subject final plat. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi- Public Use is required. 11. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. Meridian City Council Meeting Agenda November 6, 2019 – Page 164 of 610 12. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. 13. All homes constructed shall be generally consistent with the conceptual elevations included with the development agreement (inst. # 2019-060657). 14. The mid-mile collector street (N. Owyhee Storm Ave.) and pedestrian walkway along the street shall be constructed from W. McMillan Rd. to the southern boundary of this development with the earlier part of this phase of development or at the time of substantial completion of the high school as set forth in the Development Agreement. 15. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division for the pool facility, picnic shelter and associated parking, prior to submittal of an application for a building permit. 16. 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. All streetlights on N. Owyhee Storm Avenue shall be Type 1 metered. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2. The water system as proposed does not have a secondary connection to the City's water distribution system. Water must be connected to another source per comments from Gander Creek North No 1 FP. Most likely connection is to continue 12 inch water at the west side of project to connect to south. Each phase must be modeled at final plat to ensure adequate fire flow. 3. The following items are Flood Plain Development requirements: a. Revise flood study to incorporate proposed conditions including bridge and creek/canal alterations. b. No-Rise certification letter for bridges, culverts and alterations c. Copy of NMID license agreement d. Copy of 404 and stream alteration permits. 4. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 5. The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on- site infiltration pits are conveyed to the home builders, and that they are closely adhered to. General Conditions: 6. 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 Meridian City Council Meeting Agenda November 6, 2019 – Page 165 of 610 Page 11 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. 7. 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 thi s development, coordinate main size and routing with Public Works. 8. 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. 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. 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. 15. 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. 16. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 17. Developer shall coordinate mailbox locations with the Meridian Post Office. 18. All grading of the site shall be performed in conformance with MCC 11-1-4B. 19. Compaction test results shall be submitted to the Meridian Building Department for all building Meridian City Council Meeting Agenda November 6, 2019 – Page 166 of 610 pads receiving engineered backfill, where footing would sit atop fill material. 20. 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. 21. 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. 22. 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. 23. Street light plan requirements are listed in section 6-7 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. 24. 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. 25. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 26. 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. 27. 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. 28. 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. 29. 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 addressed per UDC Meridian City Council Meeting Agenda November 6, 2019 – Page 167 of 610 Page 13 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 November 6, 2019 – Page 168 of 610 From:kent brown To:Sonya Allen Subject:Re: Gander Creek South Sub. 1 - FP H-2019-0108 Staff Report for 10/22 Council Mtg Date:Friday, October 18, 2019 3:55:01 PM Attachments:image006.png Sonya the My Client has reviewed the conditions of approval and are in agreement and will comply. Kent On Fri, Oct 18, 2019 at 12:35 PM Sonya Allen <sallen@meridiancity.org> wrote: Attached is the staff report for the proposed final plat for Gander Creek South Sub. 1. This item is scheduled to be on the City Council agenda on Oct. 22nd. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Applicant - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. Thanks, Sonya Allen | Associate Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. -- Kent Brown EXHIBIT B Meridian City Council Meeting Agenda November 6, 2019 – Page 169 of 610 Kent Brown Planning Services 3161 E. Springwood Drive Meridian, ID 83642 P: 208-871-6842 Meridian City Council Meeting Agenda November 6, 2019 – Page 170 of 610 EIDIAN?- DAHJ CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 3 I Item Title: Final Order for Little Creek No. 2 (H-2019-0103) By JUB Engineers, Located at 1440 N. Locust Grove Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.I . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for L ittle C reek No. 2 (H-2019-0103) by J UB E ngineers, L ocated at 1440 N. L ocust Grove Rd. AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 11/4/2019 E xhibit A E xhibit 11/4/2019 E xhibit B E xhibit 11/4/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 171 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LITTLE CREEK SUB. NO. 2 – FP H-2019-0103 Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 22, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 23 BUILDING LOTS AND 3 COMMON LOTS ON 7.66 ACRES OF LAND IN THE R-40 ZONING DISTRICT FOR LITTLE CREEK SUBDIVISION NO. 2 BY: JUB ENGINEERS APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0103 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 22, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING LITTLE CREEK SUBDIVISION NO. 2, LOCATED IN A PORTION OF LOTS 18 & 19 OF PLEASANT VALLEY SUBDIVISION, SITUATED IN THE NORTHWEST QUARTER OF SECTION 8, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF Meridian City Council Meeting Agenda November 6, 2019 – Page 172 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LITTLE CREEK SUB. NO. 2 – FP H-2019-0103 Page 2 of 3 MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 10/10/2019, by ROBERT L. KAZARINOFF, PLS, SHEET 1 OF 6,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 22, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Wendy Kirkpatrick Shrief, JUB Engineers, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at Meridian City Council Meeting Agenda November 6, 2019 – Page 173 of 610 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the to +bday of V dY6rY-. Y)C,(— , 2019. By: Tammy de W d Mayor, Cit Meridian GO¢QO$�,�ED AUGUgl,l Zoe 9 City of C�y�E IDIAN�" F� SEAL A�� ttAeT9E���Q� Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: NuAbry 03�� Dated: I l " �0 _,q C) ` q ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR LITTLE CREEK SUB. NO. 2 — FP H-2019-0103 Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0103 Little Creek No. 2 LOCATION: East side of N. Locust Grove Rd. on the south side of E. Wilson Lane in the NW ¼ of Section 8, Township 3N, Range 1E. (Parcel No. R7104253850) I. PROJECT DESCRIPTION Final plat consisting of 23 building lots and 3 common lots on 7.66 acres of land in the R-40 zoning district. This is the second and final phase of development of the preliminary plat. II. APPLICANT INFORMATION A. Applicant: JUB Engineers – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 B. Owner: Erik Pilegaard, Little Creek Partners, LLC – 2452 Bayview Ave., Carmel, CA 93923 C. Representative: Wendy Shrief, JUB Engineers, Inc. – 250 S. Beechwood Ave., Ste. 201, Boise, ID 83709 III. STAFF ANALYSIS The preliminary plat and conditional use permit for this project was approved in 2016 (H-2016-0076). The preliminary plat consisted of 51 building lots and 3 common lots on 15.85 acres of land in the R- 40 zoning district; a total of 2.89 acres (or 18.27%) common open space was provided. A final plat was approved for the first phase of development in 2017 consisting of 24 building lots and 4 common lots on 8.19 acres of land; 1.16 acres of common open space was proposed (H-2018-0138). The final plat was later modified in 2018 consistent with the conditional use permit modification (A- 2018-0013) to relocate the common area where the clubhouse and swimming pool was planned further STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 175 of 610 Page 2 to the west near the entrance to the development from Locust Grove Rd. which resulted in an increase in building lots from 24 to 28 (H-2018-0136). The proposed final plat for Phase 2 consists of 23 building lots and 3 common lots on 7.66 acres of land. Common open space is proposed in this phase with a clubhouse with a gym and swimming pool and segment of the City’s multi-use pathway system as amenities. Staff has reviewed the proposed final plat (and approved final plat for Phase 1) for substantial compliance with the approved preliminary plat and found there to be the same number of overall building lots and more common area than approved with the preliminary plat between this phase and the first phase. Therefore, staff deems the final plat to be in substantial compliance with the preliminary plat as required by UDC11-6B-3C.2. The landscaping within the street buffers was approved with the Certificate of Zoning Compliance application (A-2017-0157, revised on 3/26/18). The City Council previously approved a waiver to UDC 11-3A-6A.3 with the preliminary plat (H- 2016-0076) to allow the Settler’s Canal/Jackson Drain to remain open and not be piped along the southern boundary of the site. IV. DECISION A. Staff: Staff recommends approval of the proposed final plat per the conditions in Exhibit VI. Meridian City Council Meeting Agenda November 6, 2019 – Page 176 of 610 Page 3 V. EXHIBITS A. Approved Preliminary Plat (dated: 8/17/2016) Meridian City Council Meeting Agenda November 6, 2019 – Page 177 of 610 Page 4 B. Site Plan Approved with CUP Modification (A-2018-0013) Meridian City Council Meeting Agenda November 6, 2019 – Page 178 of 610 Page 5 C. Proposed Final Plat (date: 10/10/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 179 of 610 Page 6 Meridian City Council Meeting Agenda November 6, 2019 – Page 180 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 181 of 610 Page 8 D. Proposed Landscape Plan (date: 10/9/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 182 of 610 Page 9 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (H-2016-0076, DA Inst. No. 2016-109494; and A-2018-0013). 2. The applicant shall obtain the City Engineer’s signature on the final plat by August 7, 2021, within 2 years of the City Engineer’s signature on the previous phase final plat, 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 JUB Engineers, Inc., stamped on 10/10/19 by Robert L. Kazarinoff, included in Exhibit V.C shall be revised as follows: a. Note #12: Include recorded ACHD license agreement instrument number. b. Easement Note #5: Include recorded instrument number for existing pathway easement. c. Easement Note #9: Include the recorded instrument number for the existing Meridian sewer and water easement. d. Reference Documents (sheet 4): Include the recorded instrument number for the easements. 5. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat, conditional use permit modification, and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works - General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Meridian City Council Meeting Agenda November 6, 2019 – Page 183 of 610 Page 10 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. Meridian City Council Meeting Agenda November 6, 2019 – Page 184 of 610 Page 11 18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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 November 6, 2019 – Page 185 of 610 From:Wendy Shrief To:Sonya Allen; Adrienne Weatherly; Charlene Way; Chris Johnson Cc:Bill Parsons; Bruce Freckleton Subject:RE: Little Creek Sub. 2 - FP H-2019-0103 Staff Report for Oct. 22 Council Mtg Date:Thursday, October 17, 2019 2:56:33 PM Attachments:image007.png image013.png Sonya, We agree with all staff  report conditions, please place item on consent agenda  if possible. Wendy Wendy Kirkpatrick Shrief, AICP Planner J-U-B ENGINEERS, Inc. 250 S. Beechwood Avenue, Suite 201, Boise, ID 83709 e wshrief@jub.com w www.jub.com c 208 559 1760 From: Sonya Allen <sallen@meridiancity.org>  Sent: Thursday, October 17, 2019 2:50 PM To: Adrienne Weatherly <aweatherly@meridiancity.org>; Charlene Way <cway@meridiancity.org>; Chris Johnson <cjohnson@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Bruce Freckleton <bfreckleton@meridiancity.org>; Wendy Shrief <wshrief@jub.com> Subject: Little Creek Sub. 2 - FP H-2019-0103 Staff Report for Oct. 22 Council Mtg [External Email] Attached is the staff report for the proposed final plat for Little Creek Sub. 2. This item is scheduled to be on the Council agenda on October 22nd. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Wendy - Please submit any written response you may have to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me as soon as possible. Thanks, Sonya Allen | Associate Planner EXHIBIT B Meridian City Council Meeting Agenda November 6, 2019 – Page 186 of 610 City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 | Fax: 208-489-0578 Built for Business, Designed for Living      All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.   This e-mail and any attachments involving J-U-B or a subsidiary business may contain information that is confidential and/or proprietary. Prior to use, you agree to the provisions found on the Electronic Documents/Data License, which can be accessed from the footer on the J-U-B home page. If you believe you received this email in error, please reply to that effect and then delete all copies. Meridian City Council Meeting Agenda November 6, 2019 – Page 187 of 610 CjEQ/rIDA,----IN CITY COUNCIL WORK SESSION AGENDA November �,, 2019 Agenda Item Number: 3 J Item Title: Final Order for Summerwood (H-2019-0093) By WHPacific Inc. Located at 4202 and 4052 W. Daphne St. Meeting Notes: All I TEM SHEET C ouncil Agenda I tem - 3.J . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for S ummerwood (H-2019-0093) by WHP acific, Inc., L ocated at 4202 & 4052 W. Daphne S t. AT TAC HM E NT S: Description Type Upload D ate F inal Order Findings/Orders 10/28/2019 E xhibit A E xhibit 10/28/2019 E xhibit B E xhibit 10/28/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 188 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (SUMMERWOOD ESTATES – FILE # H-2019-0093) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: OCTOBER 15, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 26 BUILDING LOTS AND 5 COMMON LOTS ON 9.93 ACRES IN THE R-4 ZONING DISTRICT FOR SUMMERWOOD ESTATES SUBDIVISION. BY: BRIDGETOWER INVESTMENST, INC. APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0093 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on October 15, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING SUMMERWOOD ESTATES SUBDIVISION, LOCATED IN THE SE ¼ OF THE SW ¼ OF SECTION 27, TOWNSHIP 4N., RANGE 1W., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 08/29/19, by TRAVIS P. FOSTER, Meridian City Council Meeting Agenda November 6, 2019 – Page 189 of 610 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (SUMMERWOOD ESTATES – FILE # H-2019-0093) Page 2 of 3 PLS, SHEET 1 OF 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated October 15, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Matt Munger, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda November 6, 2019 – Page 190 of 610 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of By: Tammy rd _ Mayor, y of Meridian AtteSGo¢4o�P�LD AUCUsr1 9 z City of E IDIAN�' Cliks Jo son City rkSEAL F1rfB ° f th e TAE �5��5. Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By: v Dated ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (SUMMERWOOD ESTATES — FILE # H-2019-0093) Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 10/15/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner Bruce Freckleton, Development Services Manager SUBJECT: H-2019-0093 Summerwood Estates Subdivision LOCATION: 4202 & 4052 W. Daphne St., in the SE ¼ of the SW ¼ of Section 27, Township 4N., Range 1W. I. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of 26 building lots and 5 common lots on 9.93 acres of land in the R-4 zoning district. II. APPLICANT INFORMATION A. Applicant/Representative: WHPacific, Inc. – 2141 W. Airport Way, Ste. 104, Boise, ID 83705 B. Owner: Bridgetower Investments, Inc. – 398 E. Copper Ridge St., Meridian, ID, 83646 III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (H-2017-0083 –Summerwood Estates Subdivision) in accord with the requirements listed in UDC 11-6B-3C.2. Because the number of buildable lots and common area is the same as shown on the approved preliminary plat, staff deems the final plat in substantial compliance with the approved preliminary plat. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 192 of 610 EXHIBIT A Page 2 V. EXHIBITS A. Preliminary Plat (dated: 5/31/2017) Meridian City Council Meeting Agenda November 6, 2019 – Page 193 of 610 EXHIBIT A Page 3 B. Final Plat (dated: 08/29/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 194 of 610 EXHIBIT A Page 4 C. Landscape Plan (dated: 08/16/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 195 of 610 EXHIBIT A Page 5 D. Exhibit of Intersection of N. Joy St. and W. Daphne St. Meridian City Council Meeting Agenda November 6, 2019 – Page 196 of 610 EXHIBIT A Page 6 VI. 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-06-022; PP H-2017-0083; H-2019-0001; DA instrument number 2019-055407). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council’s approval of the last phase of the preliminary plat (by August 1, 2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by WHPacific stamped on 08/29/2019 by Travis P. Foster, included in Section V.B shall be revised as follows: a. Include the ACHD License Agreement Instrument Number on Note #11. b. Include the Instrument Number on Note #8. 5. The landscape plan prepared by South Beck & Baird, dated 08/16/2019, included in Section V.C, shall be revised as follows: a. Lot 1, Block 3 shall be revised to match the lot configuration shown on the final plat. b. Lot 8, Block 1 shall be revised to match the lot configuration shown on the final plat. c. The six-foot solid white fencing along the north side of W. Daphne St. shall placed on the interior edge of the common lot (Lot 1, Block 3) in accord with UDC 11-3B-7C.2c. d. The common lot (Lot 1, Block 3) and ACHD ROW on the north side of W. Daphne St. shall be landscaped in accord with the standards of UDC 11-3B-7 and depicted on the plan. Provide one full size copy of the revised landscape plan and an electronic copy prior to City Engineer’s signature on the final plat. 6. 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. 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. B. Public Works Site Specific Conditions: 1. One additional streetlight is required on W. Daphne street at the SE corner of the site. Re-title the streetlight plan, currently titled “Irrigation Plan”. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall Meridian City Council Meeting Agenda November 6, 2019 – Page 197 of 610 EXHIBIT A Page 7 coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building Meridian City Council Meeting Agenda November 6, 2019 – Page 198 of 610 EXHIBIT A Page 8 pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888- 5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, Meridian City Council Meeting Agenda November 6, 2019 – Page 199 of 610 EXHIBIT A Page 9 crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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 November 6, 2019 – Page 200 of 610 From:Matt Munger To:Kevin Holmes; Meridian City Clerk; Bill Nary; Andrea Pogue Cc:Bill Parsons Subject:RE: Staff Report - Summerwood Estates FP (H-2019-0093) CC Mtg 10/15 Date:Wednesday, October 09, 2019 3:17:13 PM Kevin, we agree with the staff report as written and request that this project remain on the consent agenda for the 10/15/19 city council hearing. Matt Munger, PE* | Director, Development Services WHPacific, Inc. - an NV5 company | 2141 W Airport Way, Ste 104, Boise, ID 83705 Direct 208.275.8704 | Mobile 208.841.6778 | mmunger@whpacific.com *Licensed to practice in ID, NV, OR, WA Enhancing Client Satisfaction through Creative, Exceptional Service From: Kevin Holmes <kholmes@meridiancity.org> Sent: Wednesday, October 9, 2019 8:35 AM To: Matt Munger <MMunger@whpacific.com>; Meridian City Clerk <MeridianCityClerk@meridiancity.org>; Bill Nary <bnary@meridiancity.org>; Andrea Pogue <apogue@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org> Subject: Staff Report - Summerwood Estates FP (H-2019-0093) CC Mtg 10/15 Attached is the staff report for the proposed final plat for Summerwood Estates H-2019- 0093. This item is scheduled to be on the Council agenda on 10/15/2019. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Matt - Please submit a written response to the staff report to the City Clerk’s office (meridiancityclerk@meridiancity.org) and myself (e-mail) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Thank you, Kevin Holmes | Associate City Planner City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0573 | kholmes@meridiancity.org Meridian City Council Meeting Agenda November 6, 2019 – Page 201 of 610   Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,  in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda November 6, 2019 – Page 202 of 610 C IDIAN*,---- �wlIZ CITY COUNCIL WORK SESSION AGENDA November 6_. 2019 Agenda Item Number: 3 K Item Title: Findings of Fact, Conclusions of Law for Idaho Fine Arts Academy (H-2019-0088) By West Ada School District. Located at 1180 N. Ten Mile Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.K . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for Idaho Fine Arts Academy (H-2019- 0088) by West Ada School D istrict, L ocated at 91 E . Central Dr. AT TAC HM E NT S: Description Type Upload D ate E xhibit A E xhibit 10/28/2019 F indings Findings/Orders 10/28/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 203 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0088 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Rezone of 18.96 Acres of Land from the I-L Zoning District to the C-G Zoning District for Idaho Fine Arts Academy, by West Ada School District. Case No(s). H-2019-0088 For the City Council Hearing Date of: October 15, 2019 (Findings on November 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 15, 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 217 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0088 - 2 - 7. That this approval is subject to the comments in the attached Staff Report for the hearing date of October 15, 2019, incorporated by reference. These comments are concluded to be reasonable and the applicant shall meet such requirements of the UDC. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for rezone is hereby approved per the Findings in the Staff Report for the hearing date of October 15, 2019, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of October 15, 2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 218 of 610 By action of the City Council at its regular meeting held on the day of I joy mloer , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor �,:�tV AUGUgrl Attest: 001 - low tiTT Citiy of w Chris s� . y� City Cle're f I6e iBER�J�4 Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:�QUA)C�Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0088 - 3 - EXHIBIT A Page 1 HEARING DATE: 10/15/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0088 Idaho Fine Arts Academy LOCATION: 915 E. Central Drive (SE ¼ of Section 18, T.3N., R.1E.) I. PROJECT DESCRIPTION Rezone of 18.96 acres of land from the I-L (Light Industrial) district to the C-G (General Retail and Service District) zoning district. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 18.96 Future Land Use Designation Commercial Existing Land Use Idaho State University parking lot (under construction), athletics field and associated parking Proposed Land Use(s) Education Institution and associated parking Current Zoning I-L (Light Industrial) Proposed Zoning C-G (General Retail and Service Commercial District) Lots (# and type; bldg/common) 2 existing buildable lots Physical Features (waterways, hazards, flood plain, hillside) Nine Mile Creek along west property boundary Neighborhood meeting date; # of attendees: June 27, 2019; 1 attendee History (previous approvals) AZ-09-001; DA #99050962; PFP-03-005; CPA-07-005; H-2019-0045; A-2019-0171 Meridian City Council Meeting Agenda November 6, 2019 – Page 204 of 610 Page 2 B. Project Area Maps III. APPLICANT INFORMATION A. Applicant: Joe Yochum, West Ada School District – 1303 E. Central Dr., Meridian, ID 83642 B. Owners: West Ada School District – 1303 E. Central Dr., Meridian, ID 83642 Idaho State University – 921 S. 8th Ave., Pocatello, ID 83209 C. Representative: Jessica Heggie, Hummel Architects – 2785 N. Bogus Basin Rd., Boise, ID 83702 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda November 6, 2019 – Page 205 of 610 Page 3 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 8/30/2019 9/27/2019 Radius notification mailed to properties within 300 feet 8/27/2019 9/24/2019 Nextdoor posting 8/27/2019 9/24/2019 Public hearing notice sign posted on property 9/9/2019 10/4/2019 V. STAFF ANALYSIS The applicant, West Ada School District (WASD), has applied for a rezone of 18.96 acres of land from the I-L to the C-G zoning district. This request is consistent with the Commercial Future Land Use Map (FLUM) designation as noted below in Section V.A. The legal description submitted with the application, included in Exhibit VII.A, shows the boundaries of the property proposed to be rezoned. While no development is proposed with the subject rezone request, the applicant has submitted a preliminary site layout showing the construction of a new fine arts academy for the West Ada School District in the northeast corner of the property along E. Central Drive. The school is anticipated to enroll students in grades 6-12. The current I-L zoning does not allow public educational institutions. In the requested C-G zoning, public educational institutions are principally permitted, subject to the specific use standards of UDC 11-4-3-14. If the subject rezone is approved, Certificate of Zoning Compliance and Design Review for an educational institution will be required. There is no concept, or future development shown for the middle of the property that is currently improved with grass and used for recreational purposes. The southern portion of the subject property has already received Certificate of Zoning Compliance and Design Review approval (A-2019-0171) for the construction of a parking lot to serve the Idaho State University (ISU) facility to the east. With rezone requests, the City may require the applicant to enter into a development agreement (DA) pursuant to Idaho Code section 67-6511A. In this case, Staff does not recommend that a DA be entered into at this time for this property. All of the surrounding properties are already zoned C-G. The current I-L zoning this property has is incompatible with the surrounding uses and what the Comprehensive Plan FLUM envisions for this area. In the event that the WASD plans do not materialize, and this property is sold off, the requested C-G zoning is preferable to the current I-L zoning. Should this occur, the uses allowed under the C-G designation on this property would be still be subject to previous conditions of approval, administrative review, and Code requirements and conditions of the C-G zoning. In addition, staff believes that the policies of the Comprehensive Plan (analyzed immediately below in Section V.A) support the decision to create an entitlement framework for the school district which expedites development and ensures development consistent with City Code. A. Comprehensive Plan (Comprehensive Plan)) This site is designated Commercial on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The Commercial designation allows a wide variety of commercial, retail, and appropriate public uses, including schools. The proposed rezone demonstrates compliance with the following policies of the Plan: (Staff’s comments in italics) Meridian City Council Meeting Agenda November 6, 2019 – Page 206 of 610 Page 4  “Look for ways to streamline the permitting and land use review process for approval of new school facilities.” (3.02.01G) Not requiring the WASD to enter into a DA at this time will streamline the review process for subsequent phases of development on this property.  “Engage all education levels (K-12) to develop a highly educated and innovative workforce with an entrepreneurial mindset.” (4.02.03D) The proposed 6-12 grade school will provide a more specialized curriculum than may not be found at a traditional high school, contributing to the diverse and innovative work force the Comprehensive Plan envisions.  “Ensure compatibility of schools with neighborhoods and adjacent land uses.” (3.02.01J) To the west of this property are office uses, to the north is the Idaho State Police facility, and to the east is the existing WASD and ISU campus. All these properties are currently zoned C- G. Therefore, the proposed C-G zoning is more compatible than the existing I-L zoning. Staff has reviewed the adjacent land uses and determined they are compatible with a future educational institution or any potential other uses allowed by the C-G zoning. B. Existing Structures/Site Improvements: There is an existing parking lot and athletic field currently located on the northern portion of the property. The southern portion of the property is being developed separately by ISU as a parking lot. The provided conceptual plan shows a reconfiguration of the existing parking lot along E. Central Drive and the construction of a Fine Arts Academy in the northeast corner of the property. These site improvements are all required to be reviewed through the Certificate of Zoning Compliance and Design Review process and will be subject to all applicable code requirements and previous approvals. This includes the multi-use pathways, which are required to be built with the first phase of WASD development as a condition of approval of the preceding shot plat (H-2019-0045). C. Proposed Zoning/Use Analysis: The proposed C-G zoning district is consistent with the existing Commercial FLUM designation. While no development/use is proposed with the subject rezone, it is envisioned that WASD will construct a fine arts school on this site. Public Educational Institutions are listed as a principal permitted use in the C-G zoning district per UDC Table 11-2B-2 subject to the specific use standards of UDC 11-4-3-14. D. Dimensional Standards (UDC Table 11-2B-3): Development is required to comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. Staff has reviewed the subject property and found the existing lots comply with the minimum property size requirement. Future structures should comply with the minimum setback, height, and other dimensional standards of the requested district. E. Access (UDC 11-3A-3): UDC 11-3A-3A and Comprehensive Plan policy 3.06.02C directs development to limit private access points on collector streets. The intent of the code and policy is to reduce congestion and conflict points that cause safety concerns. The submitted preliminary layout plan depicts retaining the existing two points of access from the northern parking lot to E. Central Dr., a collector roadway. With the CZC and Design Review application, staff recommends the applicant remove one of the existing access points to E. Central Dr. and utilize the drive aisle access approved with the short plat (H-2019-0045), along the eastern edge of the property. This drive also provides Meridian City Council Meeting Agenda November 6, 2019 – Page 207 of 610 Page 5 access to the ISU parking lot on the southern property and the existing parking lot to the east of the subject property. All of Lot 1, Block 1, should be shown/included with said CZC and Design Review application. F. Parking (UDC Table 11-3C-6): Off-street vehicle parking is required to be provided for all new developments in accord with the standards of UDC 11-3C. The design and layout of all parking facilities should be in compliance with the standards of UDC 11-3A-19. Parking calculations and configurations will be reviewed through the CZC and Design Review process. G. Pathways (UDC 11-3A-8, 11-3B-12C): The Pathways Master Plan identifies multi-use pathway segments along the western edge of this property, connecting from the southwest to the northeast corner and along E. Central Dr. Through the preceding short plat approval, the appropriate public access easements have been dedicated for these connections. A condition of approval for said short plat is that these pathways be constructed with the first WASD phase of development. With the required CZC and Design Review applications, the applicant should submit plans showing these facilities constructed to the standards listed in UDC 11-3A-8 and 11-3B-12C. H. Sidewalks (UDC 11-3A-17): A seven-foot attached sidewalk currently exists along E. Central Dr. With the first phase of WASD development, this sidewalk should be replaced with a ten-foot wide multi-use pathway in accord with the Pathways Master Plan and previous approvals for this property (H-2019-0045). I. Landscaping (UDC 11-3B): A 20-foot wide landscape buffer is required along E. Central Dr. in accord with UDC Table 11- 2B-3 and the standards listed in UDC 11-3B-7. Parking lot landscaping is required in accord with the standards listed of UDC 11-3B-8. A full landscape plan shall be included in any future CZC and Design Review applications and will be reviewed for compliance at that time. J. Waterways (UDC 11-3A-6): The Nile Mile Creek, a natural waterway, runs along the western edge of the subject property. Per UDC 11-3A-6B.1, this waterway shall remain as a natural amenity and shall not be piped or otherwise covered. The submitted preliminary site layout shows the creek remaining. K. Fencing (UDC 11-3A-6, 11-3A-7): All new fencing is required to comply with the standards listed in UDC 11-3A-7. No fencing is proposed or shown with this application. L. Utilities (UDC 11-3A-21): 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. City water and sewer services are stubbed to this site. M. Pressure Irrigation (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15. N. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments; design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Meridian City Council Meeting Agenda November 6, 2019 – Page 208 of 610 Page 6 O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): No building elevations were submitted with this application. The applicant is required to submit elevations through the CZC and Design Review application process. All elevations shall comply with the standards of the Meridian Architectural Standards Manual. P. Certificate of Zoning Compliance (CZC)/Design Review (DR): Prior to submittal of building permit applications, CZC and DR approval is required for all structures and site modifications to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, specific use standards, and previous approvals. VI. DECISION A. Staff: Staff finds the proposed Rezone is consistent with the Comprehensive Plan and future development will comply with the standards of the UDC; therefore, Staff recommends approval of the proposed Rezone. B. The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the public hearing, the Commission moved to recommend approval of the subject rezone request. 1. Summary of Commission public hearing: a. In favor: Jake Rivard, applicant’s representative b. In opposition: None c. Commenting: None d. Written testimony: Jake Rivard, applicant’s representative – in agreement with the staff report e. Staff presenting application: Kevin Holmes f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by Commission: a. Agreement that a DA is not needed 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None C. The Meridian City Council heard this item on 10/15/2019. At the public hearing, the Council moved to approve the subject RZ request. 1. Summary of the City Council public hearing: a. In favor: Jake Rivard, applicant’s representative b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Kevin Holmes f. Other Staff commenting on application: None 2. Key issue(s) of public testimony: a. None 3. Key issue(s) of discussion by City Council: a. None Meridian City Council Meeting Agenda November 6, 2019 – Page 209 of 610 Page 7 4. City Council change(s) to Commission recommendation: a. None Meridian City Council Meeting Agenda November 6, 2019 – Page 210 of 610 Page 8 VII. EXHIBITS A. Rezone Legal Description and Exhibit Map Meridian City Council Meeting Agenda November 6, 2019 – Page 211 of 610 Page 9 Meridian City Council Meeting Agenda November 6, 2019 – Page 212 of 610 Page 10 Meridian City Council Meeting Agenda November 6, 2019 – Page 213 of 610 Page 11 B. Preliminary Site Layout (date: 4/30/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 214 of 610 Page 12 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING COMMENTS 1. Prior to submittal of building permit applications, Certificate of Zoning Compliance and Design Review approval is required for any structures and/or site modifications to ensure consistency with UDC standards, design standards listed in the Architectural Standards Manual, and previous approvals. B. PUBLIC WORKS 1. No comment Meridian City Council Meeting Agenda November 6, 2019 – Page 215 of 610 Page 13 FINDINGS A. Rezone (UDC 11-5B-3E) Required 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 and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The Council finds that the proposed map amendment to C-G and conceptual development plan is consistent with the Commercial FLUM designations and goals of the Comprehensive Plan. 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C-G zoning district is consistent with the purpose statement for commercial districts in UDC 11-2B-1. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony provided to determine this finding. 4. 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 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. 5. The annexation (as applicable) is in the best interest of city. This finding this is not applicable because the request is for a rezone, not annexation. Meridian City Council Meeting Agenda November 6, 2019 – Page 216 of 610 EIDIAN?- � J CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 3 L Item Title: Findings of Fact, Conclusions of Law for Nick Estates (H-2019- 0086) By Nick Shearer. Located at 1180 N. Ten Mile Road Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.L . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for Nick E states (H-2019-0086) by Nick Shearer, L ocated at 1180 N. Ten M ile Rd. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/28/2019 E xhibit A E xhibit 10/28/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 220 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0086 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary/Final Plat Consisting of 4 Residential Building Lots and 4 Common Lots on 1.4 Acres of Land in the R-4 Zone for Nick Estates Subdivision, by Nick Shearer. Case No(s). H-2019-0086 For the City Council Hearing Date of: October 22, 2019 (Findings on November 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 22, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 22, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 22, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 22, 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 221 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0086 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 22, 2019, 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 combined preliminary/final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of October 22, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Combined Preliminary/Final Plat Duration Please take notice that approval of a combined preliminary and final 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 combined preliminary and final plat (UDC 11-6B-7A). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 22, 2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 222 of 610 By action of the City Council at its regular meeting held on the day of , 2019. COUNCIL PRESIDENT JOE BORTON VOTED \ COUNCIL VICE PRESIDENT LUKE CAVENER VOTED &(C COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd Attest: City Cler O�P�4D AUGVsrl O4S leo a 2G City of �E �SEAL vTFB°�theT4E�S�� Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. 1 By: Dated: - City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0086 - 4 - EXHIBIT A Page 1 HEARING DATE: 10/22/2019 TO: Mayor & City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0086 Nick Estates Subdivision LOCATION: 1180 N. Ten Mile Rd. I. PROJECT DESCRIPTION Combined preliminary and final plat consisting of four residential building lots and four common lots on 1.4 acres of land in the R-4 zoning district. The applicant is requesting a waiver from City Council per UDC 11-3A-3 for the existing residence to retain its driveway access to N. Ten Mile Rd. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 225 of 610 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Acreage 1.4 Future Land Use Designation Medium Density Residential (MDR) Existing Land Use Single Family Residential Proposed Land Use(s) Single Family Homes Current Zoning R-4 Proposed Zoning R-4 Lots (# and type; bldg/common) Four buildable; Four common Phasing plan (# of phases) NA Number of Residential Units (type of units) Four, single-family homes Density (gross & net) 2.84 Gross/3.2 Net Open Space (acres, total [%] / buffer / qualified) NA Amenities NA Physical Features Eight Mile Lateral along east boundary Neighborhood meeting date; # of attendees: June 28, 2019; Five attendees Description Details Wastewater  Distance to Sewer Services 0-Feet  Sewer Shed 4  Estimated Project Sewer ERU’s See Application  WRRF Declining Balance  Project Consistent with WW Master Plan/Facility Plan Yes Water  Distance to Water Services 0-Feet  Pressure Zone 2  Estimated Project Water ERU’s See Application  Water Quality No concerns  Project Consistent with Water Master Plan Yes  Impacts/Concerns No concerns Grocery Store Less than ½ mile away to the north on N. Ten Mile Rd. Meridian City Council Meeting Agenda November 6, 2019 – Page 226 of 610 Page 3 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda November 6, 2019 – Page 227 of 610 Page 4 III. APPLICANT INFORMATION A. Applicant: Nick Shearer – 1180 N. Ten Mile Rd., Meridian, ID 83642 B. Owner: Same as applicant C. Representative: LR Geomatics, PLLC – 2850 W. Mirmonte St., Meridian, ID 83646 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper notification 8/30/2019 9/27/2019 Radius notification mailed to properties within 300 feet 8/27/2019 9/24/2019 Applicant posting of site 9/1/2019 10/1/2019 Nextdoor posting 8/27/2019 9/24/2019 V. STAFF ANALYSIS A combined preliminary and final plat is proposed for four residential building lots on 1.41 acres in the R-4 zoning district. The proposed plat also includes four common lots; three to contain the required 25-foot landscape buffer along N. Ten Mile Rd., and one for a common drive. The three interior, eastern-most residential lots are shown as taking access via this common drive. There is an existing single-family home and an accessory structure currently on the property. The applicant is proposing to retain the residence while removing the accessory structure. The existing house currently takes direct access from N. Ten Mile Rd., an arterial roadway. The applicant is requesting a waiver from Council to retain this direct access rather than take access from the common drive, per UDC 11-3A-3 (see section F below for further analysis). A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) The Future Land Use Map Designation for this property is Medium Density Residential (MDR). This designation calls for 3-8 dwelling units per acre. The proposed subdivision has a gross density 2.84 d.u. per acre and a net density of 3.2 d.u. per acre. This density is slightly lower than what is envisioned by the MDR designation. Since this density is not consistent with the MDR FLUM designation, the applicant should request a “step-down” in density to Low Density Residential (LDR) from City Council pursuant to the Comprehensive Plan. Staff is in support of this lower unit count and a “step-down” in density to LDR as the site is infill and is constrained by its small size and dimensions which reduces the area of potential buildable lots. In addition, should the property to the north redevelop and share access with this development, the combined properties will be restricted to six lots due to the common drive requirements of UDC 11-6C-3D.1 Overall, the proposed use and density is harmonious with the existing surrounding residential developments. Meridian City Council Meeting Agenda November 6, 2019 – Page 228 of 610 Page 5 B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. “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) Staff finds City services are available at this point in time and the development is contiguous to the City. 2. “Encourage infill development.” (3.04.02B) Staff finds that, if approved, this proposed development meets the definition of infill development. 3. “Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.)” (3.06.02F) The submitted plans include a 25-foot landscape buffer along N. Ten Mile Rd., which staff finds meets the requirements of code. 4. “Provide housing options close to employment and shopping centers.” (3.07.02F) Major employment and retail developments are planned for the Ten Mile interchange directly south of this proposed development. In addition, there is a commercial hub at the intersection of N. Ten Mile Rd. and W. Cherry Ln., less than a quarter-mile to the north. C. Existing Structures/Site Improvements: There is an existing single-family home and an accessory structure currently on the property. The applicant is proposing to retain the residence on Lot 2, Block 1 while removing the accessory structure. Existing structures remaining on the property must conform the R-4 dimensional standards. D. Proposed Use Analysis: The property is currently zoned R-4. The proposed single-family dwellings are a permitted use in this zoning as set forth in Table 11-2A-2. E. Dimensional Standards (UDC 11-2): The site shall conform with the dimensional standards of the R-4 zoning district as set forth in Table 11-2A-5. The average lot size is 12,490 square feet with a minimum lot size of 10,747 square feet. Per UDC 11-2A-3B.3, lots taking access from a common drive do not require street frontage. Staff is recommending that all lots take access from a common drive. The location of structures shall conform to all applicable setbacks and dimensional requirements. F. Access (UDC 11-3A-3): The interior Lots 6, 7, 8, Block 1 are proposed to take access via a common drive to N. Ten Mile Rd., meeting the street access requirements of UDC 11-3A-3A. The applicant is requesting a Council waiver to retain the direct access for the existing home out to N. Ten Mile Rd., an arterial roadway. The stated intent of UDC 11-3A-3 is “to improve safety by limiting and/or combining access points to arterial streets”. Action Item 3.06.02D of the Comprehensive Plan also directs the City to “restrict private curb cuts and access points on collector and arterial streets.” Therefore, staff recommends that the access for the existing home (Lot 2, Block 1) be closed and the lot take access off the proposed common drive to the north. The draft staff report provided by ACHD is also contains a site specific condition of approval requiring this revision. Meridian City Council Meeting Agenda November 6, 2019 – Page 229 of 610 Page 6 In addition, staff recommends that a twenty-foot wide access easement from the north property line to the common drive be granted to the property to the north (1300 N. Ten Mile Rd.). Should said property redevelop in the future, this will ensure they are able to utilize existing access points to N. Ten Mile Rd. in accord with the standards of UDC 11-3A- 3A. G. Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings based on the number of bedrooms per unit as set forth in UDC Table 11-3C-6. H. Sidewalks (UDC 11-3A-17): Unless waived by the director, detached sidewalks are required along all arterial roadways in accord with UDC 11-3A-17C. Seven-foot wide attached sidewalks currently exist along N. Ten Mile Rd. and the director has deemed this sufficient. Staff recommends the existing drive be closed and a seven-foot wide sidewalk be installed to match the surrounding improvements. I. Landscaping (UDC 11-3B): A twenty-five foot wide landscaping buffer is proposed along N. Ten Mile Rd. in accord with UDC 11-3B-7. The plans should be modified to depict the entire landscape buffer adjacent to Lot 2, Block 1 in a single common lot. The submitted landscape plan shows the common drive (Lot 4, Block 1) bisecting the landscaping common lot along N. Ten Mile Rd. This has created a very small, 21-foot by 16-foot, landscaping common lot at the northwest corner or the property (Lot 5, Block 1) as well as a roughly 75-foot unbuildable section of Lot 6, Block 1 along the common drive. Staff recommends that this 75- foot section of Lot 6, Block 1 be combined with the landscaping common lot along N. Ten Mile Rd. into a single common lot to be maintained by the Nick Estates Homeowners Association. J. Qualified Open Space (UDC 11-3G): At 1.41 acres, the property is less than the five-acre threshold to require qualified open space per UDC 11-3G-2. K. Waterways (UDC 11-3A-6): No waterways present on the property itself. A 3.5-foot wide irrigation easement is located along the eastern property line for the Eight Mile Lateral. L. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 6 and 11-3A-7. Four-foot chain-link fencing along the northern property line and six-foot closed- vision wood fencing along the southern property line is proposed to remain. These fences meet the requirements listed above. M. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation (PI) system is required to be provided for each lot within the development. The current proposal depicts the PI pump station within a buildable lot (Lot 8, Block 1). City of Meridian irrigation standards, UDC 11-3B-6E, require that if a PI pump station is required on the developed property, such station shall be on a lot solely dedicated to that pump station. Said lot shall be owned by the entity that owns and operates the PI system. The applicant Meridian City Council Meeting Agenda November 6, 2019 – Page 230 of 610 Page 7 should revise the plat and landscape plan to place the PI pump station on its own dedicated common lot to be owned and maintained by the Owners Association. N. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. The existing home will be required to hook up to services within 60 days of Council approval. A street light plan will need to be submitted prior to the City Engineers signature on the plat. Street light plan requirements are listed in section 6-7 of the City's Design Standards. One type 1 streetlight, 35-feet in height with a 12-foot mast arm is required. See Section VIII below for Public Works comments and conditions. O. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): The applicant has not provided any building elevations. Prior to Commission, the applicant should provide elevations of the proposed single-family homes to Planning staff. VI. DECISION A. Staff: Staff recommends approval of the proposed combined preliminary and final plat per the conditions listed in Section VIII. B. Commission: C. City Council: The Meridian City Council heard these items on 10/22/2019. At the public hearing, the Council moved to approve the subject PFP request. 1. Summary of the City Council public hearing: a. In favor: Aaron Rush and Nick Shearer b. In opposition: None c. Commenting: None The Meridian Planning & Zoning Commission heard these items on September 19, 2019. At the public hearing, the Commission moved to recommend approval of the subject Preliminary and Final Plat request. 1. Summary of Commission public hearing: a. In favor: Aaron Rush- applicant’s representative; Elizabeth Shranz – owner b. In opposition: None c. Commenting: None d. Written testimony: None e. Staff presenting application: Kevin Holmes f. Other Staff commenting on application: Bill Parsons 2. Key issue(s) of public testimony: a. Condition requirement for a cross access easement with the property to the north. b. Public Works condition requiring a street light be installed on N. Ten Mile Rd. 3. Key issue(s) of discussion by Commission: a. Agreement with the condition to require cross-access to property to north. b. Possibility to work with Public Works to add streetlight to existing Hawks signal. 4. Commission change(s) to Staff recommendation: a. None 5. Outstanding issue(s) for City Council: a. None Meridian City Council Meeting Agenda November 6, 2019 – Page 231 of 610 Page 8 d. Written testimony: None e. Staff presenting application: Bill Parsons f. Other Staff commenting on application: Kyle Radek 2. Key issue(s) of public testimony: a. b. Cross access easement with the property to the north. Installation of a street light on N. Ten Mile Rd. 3. Key issue(s) of discussion by City Council: a. Setting parameters for not requiring the installation of the street light with small infill projects. 4. City Council change(s) to Commission recommendation: a. b. c. Council waived the requirement for the installation of the street light along N. Ten Mile Rd. Council granted the request for the “step-down” in density. Council denied the waiver request for the applicant to use the existing driveway to access the existing home on Lot 2, Block 1. Meridian City Council Meeting Agenda November 6, 2019 – Page 232 of 610 Page 9 VII. EXHIBITS A. Preliminary/Final Plat (date: 7/16/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 233 of 610 Page 10 B. Landscape Plan (date: 7/15/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 234 of 610 Page 11 C. Elevations Meridian City Council Meeting Agenda November 6, 2019 – Page 235 of 610 Page 12 Meridian City Council Meeting Agenda November 6, 2019 – Page 236 of 610 Page 13 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. The preliminary/final plat included in Section VII.A shall be revised as follows: a. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1. b. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot wide strip of property located on the north side of the shared common drive. c. The pressurize irrigation pump shall be located on a dedicated common lot to be owned and maintained by the homeowners association. Add associated note to the face of the plat stating ownership and maintenance responsibilities. d. Note 5: Add instrument number. 2. The landscape plan included in Section VII.B shall be revised as follows: a. Revised Lot and Block numbering to match the submitted preliminary/final plat. b. Lots 1 and 3, Block 1 shall be combined into one common lot to cover the entire frontage along N. Ten Mile Rd. adjacent to Lot 2, Block 1. This lot shall be landscaped to the standards of UDC 11-3B-7C.3. c. Revise the plan to show the existing home taking access from the shared common drive. d. Lot 5, Block 1 shall be extended at least 75-feet to the east to cover the entire 16-foot wide strip of property located on the north side of the shared common drive. e. Revise the plan to show the pressurize irrigation pump located on a dedicated common lot to be owned and maintained by the homeowners association. 3. The applicant shall request a “step-down” in density to Low Density Residential from City Council pursuant to the Comprehensive Plan. City Council approved the request for the “step-down” in density. 4. Any remaining structures outside of the existing single family home on Lot 2, Block 1 shall be removed prior to signature on the final plat by the City Engineer. 5. Close the existing 46-foot wide residential driveway onto N. Ten Mile Rd. located 216-feet north of Forecast Street with vertical curb, gutter, and seven-foot wide concrete sidewalk to match the existing improvements on either side. 6. Prior to the Planning and Zoning Commission hearing, provide Planning staff with building elevations of the proposed single-family homes. Applicant shall construct homes as shown in Exhibit VII.C. 7. The existing home shall connect to City services within 60 days of Council approval. 8. Prior to signature on the plat by the City Engineer, a minimum 20-foot wide cross-access easement shall be recorded to allow the property to the north to access the shared common drive, Lot 4, Block 1. Meridian City Council Meeting Agenda November 6, 2019 – Page 237 of 610 Page 14 9. Prior to signature on the plat by the City Engineer, a common driveway exhibit depicting the setbacks, fencing, building envelope, and orientation of the lots and structures shall be provided to the Planning Department. 10. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 11. 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. 12. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 13. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 14. Construct storm water integration facilities that meet the standards as set forth in UDC 11- 3B-11C. 15. Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 16. The applicant shall provide a letter to the Meridian Planning Department from the United States Postal Service stating the mailbox locations for the development have been approved. 17. 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. 18. All fencing installed shall comply with the standards set forth in UDC 11-3A-7. 19. 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. 20. All common open space shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 21. The project is subject to all current City of Meridian ordinances. 22. 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. 23. The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 24. The applicant, property owner, and/or managing body 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. 25. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 238 of 610 Page 15 26. 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. 27. The combined preliminary and final 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. 28. 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. B. PUBLIC WORKS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. Meridian City Council Meeting Agenda November 6, 2019 – Page 239 of 610 Page 16 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 240 of 610 Page 17 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed 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. C. FIRE DEPARTMENT 1. All roadways shall be marked “No Parking Fire Lane” per International Fire Code Sections 503.3 & D103.6. 2. Fire Flow: One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 1 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3. Roadways: All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. Meridian City Council Meeting Agenda November 6, 2019 – Page 241 of 610 Page 18 4. Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection IFC 503.4.1. 5. Access: Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4. 6. Addressing: The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1 and Meridian Amendment 104-4-1. D. POLICE DEPARTMENT No comments provided E. NAMPA MERIDIAN IRRIGATION DISTRICT http://weblink.meridiancity.org/WebLink8/0/doc/176148/Page1.aspx F. ADA COUNTY HIGHWAY DISTRICT (DRAFT) http://weblink.meridiancity.org/WebLink8/0/doc/176953/Page1.aspx . G. IDAHO TRANSPORTATION DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/176080/Page1.aspx H. CENTRAL DISTRICT HEALTH DEPARTMENT http://weblink.meridiancity.org/WebLink8/0/doc/176143/Page1.aspx Meridian City Council Meeting Agenda November 6, 2019 – Page 242 of 610 Page 19 IX. FINDINGS 1. Combined Preliminary/Final 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 will 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 the comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. e. The development will not be detrimental to the public health, safety or general welfare; and 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. f. 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 243 of 610 C�E IDIAN?- CITY COUNCIL WORK SESSION AGENDA November"!;,, 2019 Agenda Item Number: 3 M Item Title: Findings of Fact, Conclusions of Law for Victory Commons (H- 2019-0091) By BVA Development, LLC. Located at 130 E. Victory Rd. and 3030 S. Meridian Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.M. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F indings of F act, C onclusions of L aw for Victory Commons (H-2019-0091) by B VA Development, L L C, Located at 130 E . Victory Rd. and 3030 S . M eridian Rd. AT TAC HM E NT S: Description Type Upload D ate F indings Findings/Orders 10/31/2019 E xhibit A E xhibit 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 244 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0091 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Development Agreement Modification for the Purpose of Removing the 16.74 Acre Property from the Boundary of the Two Previous DA’s (Instrument No(s). 104153422 and 106155843), Modifying Ownership Information, Including New Provisions and a New Concept Plan, by BVA Development, LLC. Case No(s). H-2019-0091 For the City Council Hearing Date of: October 15, and 22, 2019 (Findings on November 6, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 15, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 15, 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. Meridian City Council Meeting Agenda November 6, 2019 – Page 245 of 610 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0091 - 2 - 7. That this approval is subject to the new proposed provisions all in the attached Staff Report for the hearing date of October 15, 2019, incorporated by reference. These provisions are concluded to be reasonable and the applicant shall meet such requirements of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for a modification to the existing Development Agreement is hereby approved per the provisions in the Staff Report for the hearing date of October 15, 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 October 15, 2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 246 of 610 441 By action of the City Council at its regular meeting held on the (, day of �f1'1vJ 2019. COUNCIL PRESIDENT JOE BORTON VOTED / COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy eer o�ATED AUGUST Attest: $Go¢4 I'o 9 W ti City OE • �E IDIS IDA�H O% .a Chrif Jo n SEAL Fy City le 4,rF� ,1Ae TRF AgO Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: t`- �L - � l I City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0091 - 3 - EXHIBIT A Page 1 HEARING DATE: 10/15/2019 TO: Mayor and City Council FROM: Kevin Holmes, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0091 Victory Commons MDA LOCATION: 130 E. Victory Rd. and 3030 S. Meridian Rd., in the SW ¼ of Section 19, Township 3N., Range 1E I. PROJECT DESCRIPTION Request to modify the terms of the existing development agreement (instrument #106155843 & 104153422) for the purpose of updating ownership information and boundaries of the subject properties subject to the new terms, modifying and adding new provisions, and including a new conceptual site plan. II. SUMMARY OF REPORT A. Project Summary III. APPLICANT INFORMATION A. Applicant/Representative: BVA Development, LLC 2775 W. Navigator Dr., Suite 220 Meridian, ID 83642 STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Acreage 16.74 Current Zoning C-G Neighborhood meeting date; # of attendees: 7/30/2019; 4 attendees History (previous approvals) AZ-03-038; PFP-03-007; CUP-03-071; MI-06-005; DA inst. # 104153422 and addendum inst. # 106155843 Meridian City Council Meeting Agenda November 6, 2019 – Page 248 of 610 Page 2 B. Owner: Kuna Victory, LLC 901 Pier View Drive, Suite #201 Idaho Falls, ID 83402 IV. NOTICING City Council Posting Date Newspaper Notification 9/27/2019 Radius notification mailed to properties within 300 feet 9/24/2019 Public hearing notice sign posted 9/13/2019 Nextdoor posting 9/24/2019 V. STAFF ANALYSIS The applicant has applied for a development agreement modification (MDA) for the subject 16.74 acre property (parcels R5915720012 and R5915720020) from the existing development agreement and addendum (Inst. No. 106155843 & 104153422). These previous agreements were recorded in 2004 and 2006, respectively. The applicant is proposing to update the ownership and boundaries of the properties subject to the amended DA, modify and add new provisions and include a new conceptual site plan. Currently, the existing DAs governs a larger area owned by separate entities than the applicant’s property. Modifying the existing DA for the subject property will facilitate the development of the property without obtaining consent from multiple owners. The applicant is requesting Council approval of a new site plan for the properties (Exhibit D) and the specific removal of the following building design and size requirements included with the addendum to the current DA: 1. Principally permitted uses on the subject property shall be allowed without Conditional Use Permit approval, provided all future buildings have: sloped metal roofs with overhanging eaves that are supported by posts; are oriented toward the public street (Front door facing street); siding visible from the street containing at least a three-foot tall wainscoting constructed of stone, brick, or other similar materials; that each building will provide a variety of building materials and colors; and each building is generally consistent with the nine pictures submitted with MI-06-005 (attached to this addendum), as determined by the Planning Director. If a future proposed building is not consistent with the above-mentioned provisions, then the building and use shall be required to obtain Conditional Use Permit approval prior to construction and operation. 2. Future construction on the subject site shall be generally consistent with the Master Site Plan submitted with MI-06-005 (Exhibit C), as determined by the Planning Director. All buildings with frontage on Victory Road or Meridian Road will be limited to a maximum 11,000 square foot building footprint and no building on this site shall have a building footprint larger than 20,000 square feet. If a future proposed building is not consistent with the Master Site Plan, then the building shall be required to obtain Conditional Use Permit approval. The site plan and building designs submitted by the applicant do not comply with these two above requirements and would require Conditional Use Permits for each building on the site. Staff is Meridian City Council Meeting Agenda November 6, 2019 – Page 249 of 610 Page 3 recommending they be removed from the agreement and replaced with the conditions listed in Section VIII below. In order to maintain the cohesive character of the development envisioned by the original DA, staff is recommending that some shared design features be included in all new buildings on the site. All new buildings should include architectural features such as faux wood and metal panel accents and extra fenestration/windows. In addition, staff is recommending that all new buildings comply with the commercial standards of the Architectural Standards Manual. Staff has reviewed the proposed site plan and uses and found it to be in general compliance with Meridian City Code. The proposed site plan has fewer buildings, and with larger footprints, than what is currently shown in the existing DA. The applicant is proposing three of these larger buildings be multi-tenant flex space, a principally permitted use in the C-G zoning district in Table 11-2B-2. The three other buildings are proposed to be a mix of office, retail, and healthcare services. These uses are also all principally permitted in the current zoning. The proposed site plan moves the access drive to S. Meridian Rd. / SH-69 approximately 300 feet south of its current location. ITD has given their approval for this location as a right-in/right-out restricted access (see Exhibit F). UDC 11-3H-4B restricts the establishment of new approaches on SH-69 unless approved by Council at the recommendation of the Idaho Transportation Department. Since ITD has given their tentative approval (Exhibit F) and the access shall be limited to a right- in/right-out only, staff is supportive of the relocation of this access point. Council approval is needed for the location of this approach as shown on the site plan (Exhibit D). The existing plat of Mussell Corner Subdivision established a cross access easement agreement throughout the subdivision, recorded under instrument number 105085931. Staff recommends that with any future subdivision the cross access locations between the subject properties and Lots 2 & 3, Block 1 of Mussell Corner Subdivision be retained. In addition, all newly created lots shall have cross access granted between them to facilitate site integration. Staff is also recommending that the existing cross access agreement in place with Jacks Place Sub to the north be retained. At this point in time, there is a daycare which limits the utilization of this agreement but it is in the interest of the City to maintain the option should the site redevelop in the future. To ensure the site develops as proposed, staff recommends replacing sections 4, 5, and 6 of the existing DA and Addendum (Inst. Nos. 104153422 & 106155843), with new provisions. Staff has included the DA provisions that should be incorporated in the new DA, included in Section VIII below. VI. DECISION A. Staff: Staff recommends approval of the proposed MDA per the provisions in Section VIII. B. Council: The Meridian City Council heard this item on October 15, and 22, 2019. At the public hearing, the Council moved to approve the subject MDA request. 1. Summary of the City Council public hearing: a. In favor: Geoffrey Wardle and Roberta Stewart b. In opposition: None c. Commenting: Randy Lasher, Joel and Denise White, Jilene Arnold and Bret Hormuth Meridian City Council Meeting Agenda November 6, 2019 – Page 250 of 610 Page 4 d. Written testimony: Randy Lasher e. Staff presenting application: Kevin Holmes and Bill Parsons f. Other Staff commenting on application: Bill Nary and Joe Bongiorno 2. Key issue(s) of public testimony: a. b. c. d. e. f. g. Height and design of the proposed structures. Obstruction of views. Final design of the proposed development. Topography differences between Observation Terrace and the proposed development. Connecting the micropath in Observation Terrace with the 10-foot multi-use pathway in the proposed development. Statutory requirements for noticing property owners of the project. Types of uses proposed for the development. 3. Key issue(s) of discussion by City Council: a. b. c. Height and design of the proposed structures. Integrating the pond as an amenity. Preserving views for the adjacent neighborhood. 4. City Council change(s) to Staff’s recommendation: a. Council added two (2) new DA provisions:  Limited the height of the structures to 35 feet; and  Required outdoor mechanical equipment to be installed in accord with UDC 11- 3A-12. Meridian City Council Meeting Agenda November 6, 2019 – Page 251 of 610 Page 5 VII. EXHIBITS A. Legal Description and Development Agreement Boundary Meridian City Council Meeting Agenda November 6, 2019 – Page 252 of 610 Page 6 Meridian City Council Meeting Agenda November 6, 2019 – Page 253 of 610 Page 7 Meridian City Council Meeting Agenda November 6, 2019 – Page 254 of 610 Page 8 B. Current Development Agreement Provisions (Inst. Nos. 104153422 & 106155843) Meridian City Council Meeting Agenda November 6, 2019 – Page 255 of 610 Page 9 ADDENDUM Inst. No 106155843 Provisions: Meridian City Council Meeting Agenda November 6, 2019 – Page 256 of 610 Page 10 Meridian City Council Meeting Agenda November 6, 2019 – Page 257 of 610 Page 11 C. Original Concept Plan Meridian City Council Meeting Agenda November 6, 2019 – Page 258 of 610 Page 12 D. Proposed Conceptual Site Plan (dated: 08/07/2019) Meridian City Council Meeting Agenda November 6, 2019 – Page 259 of 610 Page 13 E. Conceptual Building Renderings (not approved) Meridian City Council Meeting Agenda November 6, 2019 – Page 260 of 610 Page 14 F. Idaho Transportation Department Letter Meridian City Council Meeting Agenda November 6, 2019 – Page 261 of 610 Page 15 G. Parks Department Conditions of Approval Reviewer: Kim Warren / Pathways Project Manager Planner Assigned: Kevin Holmes Project Name: Victory Commons File No: H-2019-0091 Date: 10.10.19 The following will be required for development of the proposed project: CONDITIONS OF APPROVAL - PATHWAYS 1. The project developer shall design and construct multi-use pathways consistent with the location and specifications set forth in the Meridian Pathways Master Plan Map and Master Pathways Plan Document Chapter 3) and as listed below. Any proposed adjustments to pathway alignment shall be coordinated through the Pathways Project Manager. 2. Prior to final approval, the applicant shall dedicate public access easements for two multi-use pathways, along with additional easement width for a future (third) multi-use pathway segment. These are: 2.1 A micropath connecting the micropath that extends from the cul-de-sac at E Lake Creek/ E Observation Drive across the Kennedy Lateral Easement to pedestrian facilities at Meridian Road. Width of this easement shall equal the width of the existing pathway, plus 2’ each side. 2.2 A 10’ multi-use pathway along Meridian Road to connect the existing sidewalk east of Meridian Road to the 10’ pathway north of the property. Coordinate with adjacent owner to north as necessary to achieve this connection. Multi-use pathway easements shall be a minimum of 14’ wide (10’ pathway + 2’ shoulder each side). 2.3 If in good condition, the existing sidewalk along Meridian Road may remain. It is the City’s intent to ultimately achieve a 10’ detached multi-use pathway along the length of this parcel. If applicant chooses not to replace existing sidewalk, applicant shall dedicate any additional easement width necessary to provide for a future 10’ detached multi-use pathway. Submit easement documents to the Planning Division for Council approval and subsequent recordation. Use standard City template for public access easement. Easement checklist must accompany all easement submittals. 3. Construct multi-use pathways per typical paving section(s) shown in the Meridian Pathways Master Plan Chapter 3. 4. The owner (or representative association) of the property affected by each public access easement shall have an ongoing obligation to maintain the multi-use pathways. 5. Project developer shall be responsible for procuring any easements necessary to complete the pathway connection between Meridian Road and the end of the existing micro-path. 6. Project developer shall be responsible for obtaining license agreement and other permission(s) as required for constructing within irrigation district easements. Meridian City Council Meeting Agenda November 6, 2019 – Page 262 of 610 Page 16 Should any discrepancy exist between these conditions of approval and the requirements of the irrigation district, the developer shall work with Pathways Project Manager to achieve a pathway design that meets both City and irrigation district objectives. City requirements as stated shall not (nor are they intended to) override those of the irrigation district having jurisdiction over the project area. VIII. CITY/AGENCY COMMENTS & CONDITIONS Recommended Development Agreement Provisions: USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11- 2B. CONDITIONS COVERING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Future development of this site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. In addition, new buildings shall include the following architectural features: faux wood and metal panel accents and extra fenestration/windows. 2. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 3. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings/uses on the site, prior to applying for building permit. 4. Direct cross access shall be provided between Lots 2 and 3, Block 1 of Mussel Corner Subdivision. 5. Applicant shall provide a recorded cross agreements between the subject properties and with parcels R5915720030, R5915720042, and R6242270030 in accord with UDC 11-3A-3. The recorded agreement shall be submitted to the Planning Division prior to obtaining occupancy of the first structure. 6. The existing access to S. Meridian Rd. at the north end of the property shall be closed as required by ITD and new approach constructed per ITD standards. The applicant shall install a detached sidewalk and landscape the area with a 25-foot wide street buffer to match the adjacent sidewalk and landscaping and in accord with UDC 11-3B-7C. 7. The required landscape buffer along S. Meridian Rd. and E. Victory Rd. shall meet the standards listed in UDC 11-3B-7 prior to the issuance of Certificate of Occupancy for any new construction. 8. The required 25-foot wide land use buffer to the residential uses to the north and east shall be constructed to the standards of UDC 11-3B-9. If the Meridian City Council Meeting Agenda November 6, 2019 – Page 263 of 610 Page 17 planting of vegetation is restricted by any easement, the required buffer materials shall be planted outside of said easement to comply with the standards listed above. 9. All future and existing uses on the property shall comply with the outdoor storage as an accessory use standards of UDC 11-3A-14. 10. The open pond shall have recirculated water and shall be maintained such that it does not become a mosquito breeding ground. 11. Prior to any Certificate of Zoning Compliance approvals for the area marked “Future development commercial retail storage” on the submitted site plan, the pond area shall be improved as an amenity with pedestrian walking paths and an outdoor seating area. 12. Comply with the Parks Department Conditions of Approval included in Exhibit G of the staff report dated October 15, 2019. 13. The development of the property shall substantially comply with the conceptual site plan included in Exhibit D of the staff report dated October 15, 2019. 14. No building on the property shall have a maximum building height that exceeds 35 feet, measured in accord with UDC 11-1-5B(1). 15. Outdoor mechanical equipment shall be installed in accord with UDC 11-3A- 12. Meridian City Council Meeting Agenda November 6, 2019 – Page 264 of 610 EIDIANIC-- �J CITY COUNCIL WORK SESSION AGENDA November �, 2019 Agenda Item Number: 3 N Item Title: Fiscal Year 2019 Community Development Block Grant Budget Amendment Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.N. Presenter: Estimated Time f or P resentation: 0 Title of I tem - F iscal Year 2019 Community Development Block Grant Budget Amendment AT TAC HM E NT S: Description Type Upload D ate P Y19 B udget A mendment Cover Memo 10/25/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 265 of 610 —4 K r m 0 CL 3 11m m m I H e`/ Cr: G) 0 � N ° cu � O a o cy = 3 00 X a m 3 CL C (D rn M O p 0 N N A N 0 n m � a 3 m d v. N �\ N v K 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 0 00 00 N 00 N W 00 00 N 00 N 00 00N 00 00 N O� 00 00 03 00 00 00 00 00 A O A O A O A O A O A" O O A O A O A O A O A O A O W w N . N . . N 0000 N 00 00 00 00 00 00 00 m m m m Vl 0 Vl 0 M 00 In LnVl 0 0 Vl 0 Ln 0 In 0 O 0 O 0 0 wwwuJujujw 0 0 0C?l}k+(D 0 0 0 0 0 0 1'(1 0 ? C O m m m m m m m m mm F m m m 0 0 0 0 0 0 0 0 O O O O O 0 W 0 W 0 W 0 W 0 W 0 W 0 W 0 W O O O O O N H I 1 F i F I W W W W W O O O O O O O O CD lD V m In A W m N n w D D i' W � d 3 = n D o N 3 po m - w - s to n 0 (o CD O O A , Q1 W In O O O n m 0 0 0 0 O O O O O O m N O O O O O O O O 0 0� vl m w vl o o 0 w m o 0 0 0 O O O O O O m N O O O O O O O O N N N N N N N N 0 0 0 0 0 0 0 0 D = rt A A AAAAA co O O O O O O O O N N N N �c3 a (D m m O O O O W w N . N . . N N N N N O N O O m m m m m m m m O O 0 O 0 O 0 O 0 O 0 O 0 O 0 0 wwwuJujujw m * -V ? C O 3 o m n –m < v F N D O N ,�• (D 3 N NO D fD n D 3 o o CD Gl r O 4 G) a O *• 3 o m m c (D < M. r T m N 0 o N N C) — T C 3 3l0to m (D (, ° O C 2. ,=3h cu 3 3 3 O a N iNy' 1^, (D �^ T Oo < 3 3 C M 0 �7= C / < ] (D m v n n oo O O a .-+ a R ° O (D 3 3 N cu g33 _ d o n c fD �D n c 9F z > E , J J .. .. (D X$ CL - cZ b' Elm m m m m vii o fJ 0000 'a ' d — O O \ rt rt r 9 Q O Gl r -r ° D = rt (D (D o=v - o o �c3 a (D m m m. O 3 3l0to m (D (, ° O C 2. ,=3h cu 3 3 3 O a N iNy' 1^, (D �^ T Oo < 3 3 C M 0 �7= C / < ] (D m v n n oo O O a .-+ a R ° O (D 3 3 N cu g33 _ d o n c fD �D n c 9F z > E , J J .. .. (D X$ CL - cZ b' Elm m m m m vii o fJ 0000 'a ' d — O O \ rt rt r 9 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 6 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 6 8 o f 6 1 0 CirE IDIANIZfi--DAHO CITY COUNCIL WORK SESSION AGENDA November 1p, 2019 Agenda Item Number: 3 O Item Title: Development Agreement for Stapleton Subdivision (H-2018- 0129) With C4 Land, LLC (Owner) and C17, LLC (Developer). Located at 4435 S. Meridian Rd. Meeting Notes: 0 A PPROVED I TEM SHEET C ouncil Agenda I tem - 3.O. Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Stapleton Subdivision (H-2018-0129) with C4 L and, L L C (Owner) and C17, L L C (Developer), L ocated at 4435 S . M eridian Rd. D evelopment Agreement between the City of Meridian and C 4 L and L L C (O W NE R ) and C 17 L L C (D E V E L O P E R) f or S tapleton S ubdivision AT TAC HM E NT S: Description Type Upload D ate Development A greement-H-2018-0129 A greements / C ontracts 10/16/2019 E xhibit A-H-2018-0129 E xhibit 10/16/2019 E xhibit B -H-2018-0129 E xhibit 10/24/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 269 of 610 ADA COUNTY RECORDER Phil McGrane 2019-110907 BOISE IDAHO Pgs=57 LISA BATT 11/07/2019 12:42 PM CITY OF MERIDIAN, IDAHO NO FEE PARTIES: 1. City of Meridian 2. C4 Land LLC, Owner 3. C17 LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_&i:b day of NL0)&,hn)00,- , 2019, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and C4 Land LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706 hereinafter called OWNER and C17 LLC, whose address is 4824 W. Fairview Avenue, Boise, Idaho 83706 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner and/or Developer has submitted an application for the annexation and zoning of 38.15 acres of land, described in Exhibit "All, to the R-15 (Medium High Density Residential) zoning districts, under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — STAPLETON SUBDIVISION (H-2018-0129) PAGE 1 OF 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 0 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 1 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 2 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 3 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 4 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 2 7 5 o f 6 1 0 challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Cleric. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: C4 Land LLC By: Its: DEVELOPER: C17 LLC By: Its: CITY OF MERIDIAN ATTEST: By: J Mayor T zm de Weerd Chris oh , City CVrk DEVELOPMENT AGREEMENT - STAPLETON SUBDIVISION (H-2018-0129) PAGE 7 OF 8 STATE OF Idaho ) ss: County of Ada ) ox On this _JU day of , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared --,J \ w,— known or identified to me to be the Member of C4 Land LLC and the person who signed above and acknowledged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .. �1P•......• S'Jj ., _A1ALkjO ••. tf`''•, Notary Public for Idaho 140TAR 10,• Residing at:10. f'UB LSC My Commission Expires: •� N•: S+. OF STATE OF Idaho ) ss: County of Ada ) On this 4 day of �C`. �13Qf , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared (p known or identified to me to be the Member of C17 LLC and the person who signed above and acknowleZrged to me that he executed the same on behalf of said Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. rlN G Jp (SEAL) ,++.•'q �.••...•••S'�,f.,�., 0.- �OTAR), .• Notary Public for Idaho Residing at: (_ p PLIBLIG My Commission Expires: R I) Zp�� STATE OF IDAHO ) �OF�19 ss County of Ada ) On thisU1 . day of f \i6VeJM JCL&r, 2019, before me, a Notary Public, personally appeared Tammy de Weerd and C+rr6Johffsoii-, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowlPA9ed#o mathat such City executed the same. 3Q Adrienne W eaM-er�1 � j Qp,�,� decl j . R r Ghn S JohrCOn, 0yrle- IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY (SFMYCCOMMISSION OMMISSION #67390 Notary Public for Idaho NOTARY PUBLIC Residing at: STATF OF IDAHO Commission expires:' EXPIRES 3/28/22 DEVELOPMENT AGREEMENT— STAPLETON SUBDIVISION (H-2018-0129) PAGE 8 OF 8 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 278 of 610 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 279 of 610 EXHIBIT A Stapleton Subdivision (H-2018-0129) Meridian City Council Meeting Agenda November 6, 2019 – Page 280 of 610 EXHIBIT B Meridian City Council Meeting Agenda November 6, 2019 – Page 281 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 282 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 283 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 284 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 285 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 286 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 287 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 288 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 289 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 290 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 291 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 292 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 293 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 294 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 295 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 296 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 297 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 298 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 299 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 300 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 301 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 302 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 303 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 304 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 305 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 306 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 307 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 308 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 309 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 310 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 311 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 312 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 313 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 314 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 315 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 316 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 317 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 318 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 319 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 320 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 321 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 322 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 323 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 324 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 325 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 326 of 610 EIDIAN?- DAJ CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 P Item Title: City of Meridian Employee Benefits Trust Agreement and Bylaws Meeting Notes: iV � FA F VT L d 0 I TEM SHEET C ouncil Agenda I tem - 3.P. Presenter: Christena Barney Estimated Time f or P resentation: 0 Title of I tem - C ity of M eridian E mployee Benefits T rust Agreement & B y-L aws Amended Trust Agreement and B y-L aws AT TAC HM E NT S: Description Type Upload D ate Cover Memo Cover Memo 10/29/2019 Trust Agreement A greements / C ontracts 10/29/2019 Trust B y-L aws A greements / C ontracts 10/29/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 327 of 610 HUMAN RESOURCES DEPARTMENT MEMORANDUM DATE: 10/29/19 TO: MAYOR DEWEERD AND MEMBERS OF CITY COUNCIL FROM: CHRISTENA BARNEY, HUMAN RESOURCES GENERALIST RE: AMENDED TRUST DOCUMENTS Attached is amended City of Meridian Employee Benefits Trust Agreement and By-Laws for your consideration and approval. After the Department of Insurance completed their review of the se documents, they suggested the following additions: Addition to the Trust Agreement: 7.1 POLITICAL CONTRIBUTIONS PROHIBITED. No Trustee shall make or knowingly permit the making, directly or indirectly, of any political contribution by or from the Trust. Addition to the By-Laws: 3.1 CONFLICT OF INTEREST. a. In the event an individual Trustee has a conflict of interest because of his/her duties as a Trustee and his/her employment with the City (a “Conflict”), the Trustee shall recuse himself/herself from all matters relating to the Trust’s deliberations and decisions on the specific issues involving the Conflict. The Trustee shall exercise reasonable judgment in determining whether a Conflict exists. If you have any additional questions or concerns, please feel free to contact me. Meridian City Council Meeting Agenda November 6, 2019 – Page 328 of 610 26840.001\4848-8457-3084v3 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT Meridian City Council Meeting Agenda November 6, 2019 – Page 329 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 2 26840.001\4848-8457-3084v3 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST AGREEMENT This City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”) is made and entered into effective ____________, 2019, by the City of Meridian. The purpose of the Trust governed by this Trust Agreement is to provide health care benefits on behalf of and for the benefit of City of Meridian employees and their Beneficiaries. NOW, THEREFORE, the undersigned hereby adopt this Trust Agreement as follows: 1. ESTABLISHMENT OF TRUST 1.1 EMPLOYER. The City of Meridian is defined as the Plan Sponsor and “Employer.” “Employer” shall include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 1.2 ESTABLISHMENT AND NAME OF TRUST. The Employer hereby establishes an employee benefit plan trust (the “Trust”). The Trust may also be referred to as the City of Meridian Employee Benefits Plan Trust. 1.3 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 1.4 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 1.5 EFFECTIVE DATE. The Trust shall be effective as of January 1, 2020. 1.6 PARTICIPATION IN THE TRUST. Participation in the Trust by the Employer may be discontinued by the Employer by giving thirty-one day’s advance notice in writing to the Trustees by registered certified mail at their last known address. Such discontinuation shall be effective as of the thirty-first day after the receipt of such notice by the Trustees. Meridian City Council Meeting Agenda November 6, 2019 – Page 330 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 3 26840.001\4848-8457-3084v3 1.7 IRREVOCABILITY OF THE TRUST. The Employer reserves no right or authority to alter, amend, revoke or terminate the transfer in Trust. 2. ADMINISTRATION AND DISPOSITION OF TRUST FUND 2.1 CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 2.2 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are to be deposited in and disbursed from a Trust Fund(s) duly established under this irrevocable Trust Agreement; (ii) make any necessary refunds or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employer and Employees in writing of these requirements. 2.3 STATEMENT. The Plan shall furnish to each employee-beneficiary of the Plan a written statement or schedule adequately and clearly stating all benefits currently allowable under the Plan, together with all applicable restrictions, limitations, and exclusions, and the procedure for filing a claim for benefits, in accordance with Idaho Code §41-4004(1)(d). 2.4 ACTUARIALLY SOUND. The assets and income of the Trust Fund shall at all times be reasonably adequate to provide for full payment of all benefits promised to beneficiaries by the Plan and to cover all other costs of operation, in accordance with Idaho Code §41-4004(1)(e). The initial contribution rates to the Trust Fund shall be calculated by a qualified actuary and shall include a reasonable provision for adverse deviation and a reasonable contribution to the surplus. 2.5 EXPENSES, RESERVES, AND TAXES. The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid , and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; Meridian City Council Meeting Agenda November 6, 2019 – Page 331 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 4 26840.001\4848-8457-3084v3 c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund a surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one hundred ten percent (110%) of the difference between the total dollar aggregate stop-loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state- chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 2.6 INVESTMENTS AND FINANCIAL TRANSACTIONS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 2.7 TRUST LIABILITY. The Trust Fund shall be legally liable for payment of all applicable benefits stated in the statement or schedule of benefits in effect at the time a claim thereunder arises. Funds in the trust are fiduciary funds, and are not liable for any obligation of any employer participant in the plan, nor subject to garnishment or levy for the obligation of any beneficiary. All funds and moneys received by the Plan and all funds billed and paid as contributions to the Trust Fund shall be timely deposited in the trust account and shall be held in no other name than the name of the self-funded plan. 2.8 INTEREST. The Trust shall not be required to pay interest on Employer or Employee contributions to the Fund. Interest accrued on Trust funds shall remain in Trust not inconsistent with the provisions of this Agreement. 2.9 SPENDTHRIFT CLAUSE. No Trust Funds shall be: a. assigned or encumbered by any Participant; b. attached by or subjected to the interference or control of any creditor of any Participant or the Employer; or c. reached by any legal or equitable process in satisfaction of any debt or liability of any Participant prior to its actual receipt by such Participant. Meridian City Council Meeting Agenda November 6, 2019 – Page 332 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 5 26840.001\4848-8457-3084v3 3. TRUSTEES. 3.1 TRUSTEES. The Trust shall be administered by no less than three (3) and no more than five (5) Trustee positions. Each Trustee shall be a voting member. 3.2 INITIAL TRUSTEES. The initial Trustees are: (i) William L.M. Nary (ii) Alexander Ronald Freitag (iii) Eric Kent Strolberg (iv) Christena Ann Barney The Trustees shall be allowed to appoint ex-officio members or administrative staff as needed, upon notification to City Council. 3.3 TRUST OFFICERS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting in November of each year and shall assume the responsibilities of their positions at the meeting in which they are elected. 3.4 TERM. Each Trustee shall serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 3.5 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days’ notice in writing to the Mayor and Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take effect on the date specified in the notice unless a successor Trustee shall have been appointed at an earlier date, in which event the resignation shall take effect immediately upon the appointment of the successor Trustee. 3.6 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. 3.7 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by action of the City Council. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 3.8 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteeship in a writing filed with the Trustees. 3.10 ACTION AND MEETINGS. Except as provided in section 3.7, any action taken by the Trustees under this Agreement shall the vote of a least three (3) Trustees. Any one of the Trustees may call a meeting of the Trustees at any time, in person, by telephone or by e -mail, by giving at least forty-eight (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties (e.g. paying legitimately Meridian City Council Meeting Agenda November 6, 2019 – Page 333 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 6 26840.001\4848-8457-3084v3 presented bills) by voting via e-mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 3.11 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 3.12 VOTING. Each Trustee shall have one vote on all matters in any meeting of the Trustees. 3.13 POWERS. The Trustees have all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.14 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.15 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reaso nable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of the Trust Funds. Trustees are governed by a fiduciary duty as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 3.16 PAYMENT OF ADMINISTRATIVE EXPENSES. All reasonable expenses specifically incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, specialist, or other person or organization that may be employed by the Trustee in connection with the administration of the Plan, shall be paid out of Trust assets, and, if Trust assets are insufficient, by the Employer. Trustees are governed by a fiduciary duty imposed by Federal and State law as well as the City’s Ethics Policies while incurring expenses associated with the administration of this Plan. 3.17 BYLAWS. The Trustees may promulgate such bylaws as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust. 3.18 LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. 3.19 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed Meridian City Council Meeting Agenda November 6, 2019 – Page 334 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 7 26840.001\4848-8457-3084v3 independently of any other entity. Within ninety (90) days after close of a fiscal year of the Plan, the Trustees shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustees shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third- party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41- 4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such ninety (90) day period the Trustees shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustees shall pay a filing fee as necessary. The Trustees shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.20 BONDING. The Trustees shall obtain a fidelity bond, or coverage deemed by the Director of the Idaho Department of Insurance to be equivalent to a fidelity bond, in the name of the Plan, the purpose of which is to protect against acts of fraud and dishonesty by the Plan’s Trustees, directors, officers and employees in connection with the Trust Fund or Plan. Such bond shall be in an amount equal to the greater of ten percent (10%) of the contributions received by the Plan or ten percent (10%) of the benefits paid during the preceding calendar year. If the Plan was not in operation during the preceding calendar year, the bond shall be in an amount equal to ten percent (10%) of the contributions projected to be received by the Plan during its first year of operation. The amount of any bond required under this section shall be not less than twenty-five thousand dollars ($25,000) or more than five hundred thousand dollars ($500,000). 4. AMENDMENTS 4.1 ENTIRE AGREEMENT. This Trust Agreement constitutes the entire agreement between the undersigned Employer and the Trustees and shall not be deemed to be varied, altered or amended by any other statement, representation or agreement by or between any person or persons whomsoever, whether written, oral or implied in any way, except as provided in this Agreement. 4.2 AMENDMENT. This Agreement may be amended to any extent at any time or from time to time by the majority vote of all the Trustees then acting under this Agreement and with approval by City Council. However, no amendment shall divert the Fund as then constituted, or any part of the fund, to a purpose other than as set forth in this Agreement. 4.3 NOTICE. The Trustees shall (i) immediately notify the Employer, the claims administrator and all other interested parties of any amendment to this Agreement, and (ii) execute any instrument or instruments in connection with the Amendment. Meridian City Council Meeting Agenda November 6, 2019 – Page 335 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 8 26840.001\4848-8457-3084v3 5. TERMINATION OF THE TRUST 5.1 APPLICATION OF FUNDS. In the event of termination of the Trust, the Trustees shall apply the Fund to the continuation of providing Benefits and to provide for payment of reasonable and necessary expenses incurred in termination of the Fund, until the Fund is exhausted. In the event of termination, the Employer shall cause the Fund and the Employee Contributions to be carried out for the purposes of the Trust as provided in this Agreement. 5.2 DISSOLUTION. Upon termination of the Trust, the Trustees shall immediately notify the Employer and shall continue as Trustees for the purposes of dissolution and may take any action which may be appropriate or required. 5.3 TERMINATION. Upon Trustees terminating the Trust, or if the Director of the Idaho Department of Insurance upon examination finds the Trust to be insolvent where the Plan is unable to pay its obligations when due or that its assets do not exceed its liabilities, the Trustees shall proceed in a manner consistent with the law, including but not limited to Idaho Code §41-4019. 5.4 LIQUIDATION. Whether terminated by election of the Trustees or by the Director of the Idaho Department of Insurance, upon termination of the registration of the Plan, the Trust Fund shall be liquidated in accordance with Idaho Code §41-4019. 6. DEFINITIONS 6.1 BENEFITS. The term “Benefits” means the amount payable by the Plan for Covered Expenses. 6.2 CONTRIBUTIONS. The term “Contributions” means payments by the Employer or Employees to the Trustees for the purposes of the Fund as defined in Section 1.4. 6.3 COVERED EXPENSES. The term “Covered Expenses” means expenses for services that will be reimbursed in accordance with the Plan. 6.4 DEPENDENT. The term “Dependent” means a Participant other than an Employee who is an Eligible Dependent as specified in the Eligibility to Participate Section of the Plan Document. 6.5 ELIGIBLE EMPLOYEE. The term “Eligible Employee” means an individual who works for the Employer on a regular or non-regular basis in the usual course of the Employer’s business, working at least the number of hours in the Employer’s normal work week, but not less than 30 hours per week. Eligible Employees shall not include individuals compensated by commissions only, seasonal employees of less than 6 months duration, contractors, agents, employees of temporary employment agencies and all others not considered an employee of the Employer. 6.6 EMPLOYEE. The term “Employee” means any individual who is considered to be in an employer-employee relationship with the Employer and is eligible for benefits under the Plan. The term “Employee” includes “former employees” for the purpose of allowing continued eligibility for Benefits under the Plan (i) for the remainder of the month in which a Participant ceases to be employed by the Employer, or if longer, the period during which a former employee has elected to continue Meridian City Council Meeting Agenda November 6, 2019 – Page 336 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 9 26840.001\4848-8457-3084v3 coverage following termination of employment, as provided by the Public Health Service Act, or (ii) as allowed by the Plan. 6.7 EMPLOYER. The term “Employer” means the City of Meridian. “Employer” shall also include any successor corporation, and any other subsidiary, affiliate or controlled business which adopts the Plan. 6.8 TRUST FUND OR FUND. The term “Trust Fund” or “Fund” means the Trust estate created by this Agreement and shall consist of all funds or assets of the Trust including an y bank accounts or savings accounts or certificates together with all investments made and held by the Trustees for receipt of contributions of employer and employees and payment of or with respect to health care service for participants according to Idaho Code §41-4002. 6.9 PARTICIPANT. The term “Participant” means any Employee or Dependent who has met the eligibility requirements set forth in the Plan and who, in a timely manner, has made all required contributions. 6.10 PLAN. The term “Plan” means the City of Meridian Employee Benefits Plan established by the employer as of January 1, 2020, and any subsequent Amendments. 6.11 PLAN ADMINISTRATOR. The term “Plan Administrator” means the person or firm appointed by the Trustees who has the authority and responsibility to manage and direct the administration and/or payment of claims for the Plan. The Plan Administrator must be licensed and bonded as an administrator pursuant to chapter 9, title 41, Idaho Code. 6.12 PLAN YEAR. The term “Plan Year” means the period beginning on the Effective Date and ending on December 31, 2020, and the 12-month period ending on each December 31 thereafter. 6.13 TRUSTEES. The term “Trustees” means the persons designated as Trustees in this Trust Agreement together with their successors are the Trustees of this Trust Fund according to Idaho Code §41-4002(19). 7. MISCELLANEOUS PROVISIONS 7.1 PAYROLL INFORMATION. The Employer shall promptly furnish to the Trustees on demand such payroll information and data with respect to the individual Employees benefiting from this Agreement that the Trustees may require in connection with the administration of the Trust and the Plan. Payroll information and data shall be limited in nature to matters such as name, classification, social security number, amount of wages paid and hours worked. The Trustees, or their authorized representatives, may examine the pertinent payroll records of the Employer with respect to the individual Employees benefiting from this Agreement whenever an examination is deemed necessary or advisable by the Trustees in connection with the proper administration of the Trust and the Plan. 7.2 PARTICIPANT CLAIMS. No Participant, nor any person claiming by or through a Participant, Employer, person, partnership, corporation or association, nor any person entity claiming by or through any one of them by reason of assignment, bequest or any other means shall have any right, title or interest in the Fund or any part of the Fund. However, any participant who is actually covered by a Plan is entitled, subject to the terms and conditions of the Plan, to the benefits provided under the Meridian City Council Meeting Agenda November 6, 2019 – Page 337 of 610 City of Meridian Employee Benefits Plan Trust Agreement - 10 26840.001\4848-8457-3084v3 Plan in the amount and to the extent provided in the Plan. Each employee/beneficiary of the Plan will be provided with a written statement or schedule adequately and clearly stating all benefits currently allowable under the Plan together with all applicable restrictions, limitations and exclusions, and the procedure for filing a claim for benefits. 7.3 THIRD PARTIES. No person, partnership, corporation or association dealing with the Trustees shall be required (i) to see to the application of any funds or property of the Trust, (ii) to see that the terms of the Trust have been complied with, or (iii) to inquire into the necessity or expediency of any act of the Trustees. Every instrument effected by the Trustees shall be conclusive in favor of any person, partnership, corporation relying on such instrument that: a. at the time of the delivery of the instrument the Trust was in full force and effect; b. the instrument was effected in accordance with the terms and conditions of this Agreement; and c. the Trustees were duly authorized and empowered to execute the instrument. 7.4 PARTIES TO AGREEMENT. No person or entity other than the Trustees or their lawful successors and the Employer shall be considered a party to this Trust Agreement. 7.5 POLITICAL CONTRIBUTIONS PROHIBITED. No Trustee shall make or knowingly permit the making, directly or indirectly, of any political contribution by or from the Trust. 8. SITUS AND CONSTRUCTION OF TRUST 8.1 SITUS. The Trust is accepted by the Trustees in the State of Idaho and all questions pertaining to its validity, construction and administration shall be determined in accordance with laws of that State. 8.2 GOVERNING LAW, JURISDICTION, AND VENUE. This Agreement shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree tha t the courts of Idaho shall have exclusive jurisdiction and agree that Ada County, Idaho is the proper venue. 8.3 SEVERABILITY. The invalidity of any portion of this Agreement, as determined by a court of competent jurisdiction, shall not affect the validity of any other portion of this Agreement. Meridian City Council Meeting Agenda November 6, 2019 – Page 338 of 610 Now, therefore, this Trust Agreement is effective as of the date first set forth above: CITY OF MERIDIAN Date: to - 2O(Q B31: Its Mayor 61 INITIAL TRUSTEES: Date: City of Meridian Employee Benefits Plan Trust Agreement - 11 26840.001\4848-8457-3084v3 William Lloyd Mossman Nary Date: ' -QOIq Alexander Ronald Freitag Date: 14 - Eric Kent Strolberg OAJR Date: U Christena Ann Barney City of Meridian Employee Benefits Plan Trust Agreement - 11 26840.001\4848-8457-3084v3 CITY OF MERIDIAN EMPLOYEE BENEFITS PLAN TRUST BYLAWS Meridian City Council Meeting Agenda November 6, 2019 – Page 340 of 610 i TABLE OF CONTENTS ESTABLISHMENT AND PURPOSES OF THE TRUST .............................................1 AUTHORIZATION ................................................................................................................................... 1 PURPOSES OF TRUST ............................................................................................................................. 1 TRUST MEMBERSHIP ...................................................................................................1 TRUSTEE POSITIONS ............................................................................................................................. 1 RESIGNATION ......................................................................................................................................... 1 REMOVAL ................................................................................................................................................ 2 SUCCESSOR TRUSTEE ........................................................................................................................... 2 POWERS OF SUCCESSOR TRUSTEE .................................................................................................... 2 SUBCOMMITTEES .................................................................................................................................. 2 COMPENSATION OF TRUSTEE ............................................................................................................ 2 TRUSTEE LIABILITY .............................................................................................................................. 2 TRUSTEE RESPONSIBILITIES ....................................................................................3 TRUSTEE RESPONSIBILITIES ............................................................................................................... 3 TRUSTEE CLAIMS .................................................................................................................................. 3 COLLECTION ........................................................................................................................................... 3 EXPENSES, RESERVES, AND TAXES .................................................................................................. 3 INVESTMENTS ........................................................................................................................................ 4 TRUST POWERS ...................................................................................................................................... 4 INTERPRETATION OF TRUST AGREEMENT ..................................................................................... 4 BOOKS AND RECORDS.......................................................................................................................... 4 TRUST AUTHORIZATION ...................................................................................................................... 5 TRUST OFFICERS ...........................................................................................................5 CHAIR AND VICE-CHAIR ELECTIONS ............................................................................................... 5 CHAIR RESPONSIBILITIES .................................................................................................................... 5 VICE-CHAIR RESPONSIBILITIES ......................................................................................................... 6 CHAIR AND VICE-CHAIR TERMS ........................................................................................................ 6 MEETINGS ........................................................................................................................6 REGULAR AND SPECIAL MEETINGS ................................................................................................. 6 MEETING DATES .................................................................................................................................... 7 TRUSTEE MEETING LOCATION .......................................................................................................... 7 EXECUTIVE SESSIONS .......................................................................................................................... 7 AGENDA PREPARATION AND FORMAT .................................................................7 AGENDA PREPARATION ....................................................................................................................... 7 AGENDA FORMAT .................................................................................................................................. 8 ORDERLY CONDUCT OF MEETINGS .................................................................................................. 8 QUORUM .................................................................................................................................................. 8 VOTING ..................................................................................................................................................... 8 RULES OF ORDER ................................................................................................................................... 9 MINUTES .................................................................................................................................................. 9 PUBLIC PARTICIPATION AT TRUST MEETINGS .............................................................................. 9 ROLES AND RESPONSIBILITIES ..............................................................................10 MAYOR AND CITY COUNCIL ..............................................................................................................10 EMPLOYEE UNIONS ..............................................................................................................................11 CITY EMPLOYEES .................................................................................................................................11 ADMINISTRATIVE SUPPORT...............................................................................................................11 OUTSIDE CONSULTANTS ....................................................................................................................11 AMENDING BY-LAWS .................................................................................................12 EXHIBIT A.......................................................................................................................13 Meridian City Council Meeting Agenda November 6, 2019 – Page 341 of 610 1 1. ESTABLISHMENT AND PURPOSES OF THE TRUST 1.1 AUTHORIZATION. The City of Meridian adopted by majority vote of the City Council on September 3, 2019, creating a City of Meridian Employee Benefits Plan Trust and approving the City of Meridian Employee Benefits Plan Trust Agreement (“Trust Agreement”), attached hereto as Exhibit A. The defined terms contained in these Bylaws have the same meaning as those same defined terms in the Trust Agreement. These Bylaws are created pursuant to section 3.17 of the Trust Agreement, which authorizes the Trustees to “promulgate such rules and regulations as may, in their discretion, be proper and necessary for the sound and efficient administration of the Trust.” The effective date of the Trust is January 1, 2020. 1.2 PURPOSES OF TRUST. The City of Meridian established a Benefits Plan (“Plan”) to provide for the payment of Eligible Expenses incurred by Plan Participants for certain services. The purposes of the Trust are: a. to receive, in advance, all contributions to the Plan, b. to hold, manage, invest and reinvest the Trust property and all income from the property, in accordance with the terms of this Trust, and c. to make distributions from the Trust Fund in such amounts and to such person or persons as the Plan Administrator shall direct to provide for the payment of (i) Covered Medical Expenses, (ii) Covered Dental Expenses, (iii) Covered Pharmacy Expenses (iv) Covered Vision Expenses incurred by Plan Participants. d. to be responsible for the Trust’s long-term financial stability; to make decisions within the confines of the budgeted funds, the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. 2. TRUST MEMBERSHIP 2.1 TRUSTEE POSITIONS. The Health Insurance Trust is comprised of three to five voting members, primarily, but not limited to, Benefits Committee personnel. 2.2 TERM. All Trustees will serve until the Trustee’s death, incapacity, resignation, removal, or separation from City employment, whichever comes first. 2.3 RESIGNATION. A Trustee may resign from all further duty or responsibility upon giving (30) thirty days notice in writing to the Mayor and Chair or Vice-Chair or such shorter notice as the Mayor may accept as sufficient. The notice shall state a date when the Trustee’s resignation shall take effect. The resignation shall take effect on the date specified in the notice unless a successor Trustee shall have been Meridian City Council Meeting Agenda November 6, 2019 – Page 342 of 610 2 appointed at an earlier date, in which event the resignation shall take effect immedi ately upon the appointment of the successor Trustee. (Trust Agreement 3.5). 2.4 REMOVAL. A Trustee may be removed from office at any time by a majority vote of the City Council, notice of which shall be sent by registered or certified mail and which shall state a date when the removal shall take effect. (Trust Agreement 3.6). 2.5 SUCCESSOR TRUSTEE. In the event a Trustee is no longer able to act under the terms of this Trust Agreement, resigns, is removed or comes to the end of their term, a successor Trustee shall be appointed by the City Council. The Mayor, by signed written notice, shall transmit such appointments to the City Council for approval. Until the appointment of the successor Trustee, the remaining Trustees by majority vote shall have full power to act. 2.6 POWERS OF SUCCESSOR TRUSTEE. A successor Trustee shall become vested with all the property, rights, powers, and duties of a Trustee upon (i) appointment as a successor Trustee, and (ii) acceptance by such successor Trustee of the trusteeship in a writing filed with the Trustees. (Trust Agreement 3.9). 2.7 SUBCOMMITTEES. The Trust may determine that a subcommittee or subcommittees are necessary to effectively conduct the business of the Trust. The subcommittees shall be organized on an as needed basis and may be temporary or permanent. The role of the subcommittee is to study, review, and make recommendations to the full Trust concerning policy, issues, or situations before the Trust. 2.8 COMPENSATION OF TRUSTEES. The Trustees shall serve without compensation from the Trust for services rendered in such capacity, but all reasonable expenses specifically incurred in the performance of the Trustee’s duties pursuant to this Plan shall be paid out of Trust Funds. Trustees are governed by fiduciary duties as imposed by State law and any applicable Federal law while incurring expenses associated with their performance as Trustees pursuant to this Plan. 2.9 TRUSTEE LIABILITY. To the extent permitted by law, neither the Trustee nor any other person shall incur any personal liability for any acts or for failure to act within the scope and course of their duties as Trustees except for willful misconduct or willful breach of this Plan. Meridian City Council Meeting Agenda November 6, 2019 – Page 343 of 610 3 3. TRUSTEE RESPONSIBILITIES 3.1 TRUSTEE RESPONSIBILITIES. The Trustees (i) accept the trusteeship, and (ii) declare that they will receive and hold the Fund assets as Trustees under the Trust Agreement for the uses, purposes, and trusts set forth in the Trust Agreement. 3.2 VALIDITY OF CLAIMS. The Trustees, or any person or persons designated by them, may (i) pass upon the validity of claims for Benefits under the Plan, and (ii) in payment of valid claims in the amounts approved, authorize payments upon the Fund. The Trustees shall not be considered the agents of the Plan Administrator. 3.3 COLLECTION. The Trustees shall (i) require all Employer and Employee Contributions to be paid in advance and that they are deposited and disbursed from a Trust Fund(s) duly established under the irrevocable Trust Agreement; (ii) make any necessary refund or adjustments, and (iii) maintain such monies in a Trust Account in the Trust Fund’s name. In order to carry out the purposes of this Trust, the Trustees (i) shall specify the exact time and manner in which the payment of Contributions to the Fund are to be made, and (ii) shall be required to notify the contributing Employers and Employees in writing of these requirements. 3.4 EXPENSES, RESERVES, AND TAXES The Trustees shall: a. pay or provide for (i) the payment of all reasonable and necessary expenses of collecting the Employer and Employee Contributions and administering the affairs of the Trust and Fund, including all expenses which may be incurred in connection with the establishment of the Trust and Fund, (ii) the employment of administrative, legal, expert and clerical assistance, and (iii) the leasing of premises and the purchase or lease of the materials, supplies and equipment which the Trustees, in their discretion, find necessary or appropriate in the performance of their duties; b. establish the following reserves: (i) a reserve in amount as certified by a member of the American Academy of Actuaries as being necessary for payment of all claims against the trust fund for benefits, including both claims reported and not yet paid and claims incurred but not yet reported; (ii) if, under the Plan, periodic contributions to the Trust Fund have been paid in advance or are payable less frequently than monthly, there shall be a reserve for unearned contributions as computed pro rata on the basis of the unexpired portion of the period for which the contribution has been paid, and (iii) if future claims payments plus future costs of operation are greater than future contributions plus current reserves, there shall be a reserve in an amount equal to future claims payments plus future costs of operation, less future contributions, less current reserves; c. pay any federal, state or local tax which may be properly levied against the Fund or Benefits paid; d. establish and maintain in its Trust Fund surplus equal to at least (i) the equivalence of three (3) months of contributions for the current year plan; or, (ii) one Meridian City Council Meeting Agenda November 6, 2019 – Page 344 of 610 4 hundred ten percent (110%) of the difference between the total dollar aggregate stop -loss attachment point plus costs of operation and the total dollar expected contributions for the current plan year. Up to one-third of the surplus required by this Section 2.5(d) may be funded by a clean, irrevocable letter of credit, in a form acceptable to the Director of the Idaho Department of Insurance, issued in favor of the trust fund by a federally or state - chartered bank having a branch office in Idaho. Such irrevocable letter of credit cannot be guaranteed by pledge of any of the plan assets. The funding cannot be in the form of prepaid contributions or other loan or associated with an offsetting liability. 3.5 INVESTMENTS. All funds and assets received by the Trustees in accordance with this Trust Agreement shall be Trust Funds and shall be deposited by the Trustees in bank or banks that the Trustees designate for that purpose. All withdrawals, drafts, or checks of Trust Funds from such bank or banks shall be effective only upon the signature or countersignature of duly authorized Trustees. The Trustees may invest and reinvest any part of the Trust Fund not required for current expenditures; provided however, such investments shall be made and held in the name of the Trust Fund, and the interest and yield thereon shall inure to the account of the Trust Fund. No investment shall be made unless authorized in writing by the Trustee and so shown in the records of the Trust Fund. All investments shall be made in accordance with Idaho Code §41-4009. 3.6 TRUST POWERS. The Trustee has all powers provided by the Idaho Uniform Trustee’s Powers Act, as amended, and any other statute or rule of law. In addition, the Trustees may exercise all rights or privileges granted to them by provisions of the Plan and may agree to any alteration, modification or amendment of the Plan. The Trustees will notify the City Council of any and all alterations, modifications or amendment to the Plan. Persons dealing with the Trustees shall not be required to inquire into the authority of the Trustees with regard to any dealings in connection with the Plan. 3.7 INTERPRETATION OF TRUST AGREEMENT. The Trustees shall have the power to construe the provisions of the Trust Agreement. Any construction adopted by the Trustees in good faith consistent with the provisions of the Plan shall be binding upon the Employees, the Employer, the Plan Administrator and all others claiming by or through any of them by assignment, bequest or otherwise. 3.8 BOOKS AND RECORDS. The Trustees shall cause full and accurate records and accounts to be entered and maintained during all times of the existence of the Trust covering all financial transactions and affairs of the Trust Fund. Any audit of the Plan or Trust shall be completed independently of any other entity. Within ninety (90) days after close of a fiscal year of the Plan, the Trustee shall prepare an annual statement in writing summarizing the financial transactions of the Trust Fund for such fiscal year and the financial condition of the Trust at the end of such year in accordance with the requirements I.C. §§ 41-401, et al, and with generally accepted accounting principles. The statement shall be in a form acceptable to the Director of the Idaho Department of Insurance and include such information as prescribed by the Director. The financial information included therein shall be certified by the accountant who audited such information. The Trustee shall promptly deliver a copy of the statement to Employer and keep a copy thereof on file in Meridian City Council Meeting Agenda November 6, 2019 – Page 345 of 610 5 the business office from which the Plan is operated. Such statement shall be available for review by any Beneficiary at all reasonable times for a period of not less than three (3) years from the date of the statement. If the plan is managed by a third-party administrator, such statement shall be available at the administrative offices of the Employer. The Plan's annual statement shall be accompanied by the certified actuarial opinion described in I.C. § 41-4010. Such annual statement shall be prepared in accordance with actuarial standard of practice no. 28. The Plan shall require that the qualified actuary retain the actuarial work papers until the Department of Insurance has filed an examination report of the Plan covering the period of the actuarial opinion but no longer than seven (7) years from the date of such opinion. On or before expiration of such ninety (90) day period the Trustee shall file an original of the annual statement and certified actuarial opinion with the Director in a form prescribed by the Director. The Trustee shall pay a filing fee as necessary. The Trustee shall also file quarterly supplemental unaudited financial reports and other periodic supplemental unaudited financial reports in a form and at the times prescribed by the Director. 3.9 TRUST AUTHORIZATION. Any instrument in writing made by formal action of the Trustees, the Fund and the Trustees shall be bound by the signature of any two authorized Trustees. All persons, partnerships, corporations, associations, and the Plan Administrator may rely on the signature of the Trustees as duly authorizing the instrument in accordance with the Trust Agreement. 3.10 CONFLICT OF INTEREST. a. In the event an individual Trustee has a conflict of interest because of his/her duties as a Trustee and his/her employment with the City (a “Conflict”), the Trustee shall recuse himself/herself from all matters relating to the Trust’s deliberations and decisions on the specific issues involving the Conflict. The Trustee shall exercise reasonable judgment in determining whether a Conflict exists. b. In the event that a Conflict exists that a Trustee does not recognize under 3.10(a), the Trustees may, by a majority vote of the Trustees not subject to the Conflict, declare a Conflict and require a Trustee to recuse himself/herself in accordance with 3.10(a). 4. TRUST OFFICERS 4.1 CHAIR AND VICE-CHAIR ELECTIONS. The Trustees establish the positions of Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by a majority vote of the Trustees. The Chair and Vice-Chair shall be elected at the first regular Trust meeting of the applicable year and shall assume the responsibilities of their positions at the meeting in which they are elected. 4.2 CHAIR RESPONSIBILITIES. The Chair is responsible for the following duties: a. Set the agenda for the quarterly trustee meetings. Meridian City Council Meeting Agenda November 6, 2019 – Page 346 of 610 6 b. Preside over the monthly or scheduled trustee meetings. c. Announce the business before the trustees in the order in which it is to be acted upon. d. State and put to vote all questions which are regularly moved or necessarily arise in the course of proceedings and to announce the result of the vote. e. Enforce on all occasions the observance of order and decorum among the trustees. f. Decide all questions of order (subject to appeal to the committee by any two members) and to inform the trustees when necessary, or when referred to for the purpose, on a point of order or practice. g. Authenticate, by signature, when necessary, all the acts, orders, and proceedings of the Trust and in general to represent and stand for the Trust declaring its will in all things obeying its commands. h. Ensure effective operation of the Trust and its committees in conformity with the highest standards of governance. i. Ensure effective communication with stakeholders, which include City Council, Mayor and employees, as well as other relevant constituencies and that the views of these groups are understood by the Trust. This includes presenting information to Council and other groups as needed. j. Set the agenda, style and tone of Trust discussions to promote constructive debate and effective decision making. k. Ensure all sub-committees are properly established, composed and operated. l. Prepare an annual report for the City Council. 4.3 VICE-CHAIR RESPONSIBILITIES. The Vice-Chair will perform the Chair’s responsibilities at the Chair’s request or absence. 4.4 CHAIR AND VICE-CHAIR TERMS. The Chair and Vice-Chair will serve two-year terms and will be selected by majority vote of the Trustees. The Chair and Vice- Chair can be removed from their respective positions by majority vote of the Trustees. Trustees can be appointed consecutively to an Officer position. 5. MEETINGS 5.1 REGULAR AND SPECIAL MEETINGS. The Trustees shall transact all business at official meetings of the Trustees. These may be either regular or special meetings, defined as follows: a. Regular Meeting – A regular Trustee meeting is the usual, official legal- action meeting, scheduled and held regularly. b. Special Meeting – A special Trustee meeting is an official legal-action meeting called between regular meetings to consider specifically identified topics. Meridian City Council Meeting Agenda November 6, 2019 – Page 347 of 610 7 Every Trust meeting shall be open to the public except as provided for by Idaho law and shall be called to order by the Chair, or in the Chair’s absence, by the Vice-Chair. Trust meetings shall be posted in accordance with Idaho law. 5.2 MEETING DATES a. Regular Meetings. There shall be a regular meeting of the Trustees held on a quarterly basis. A regular meeting may be rescheduled or canceled by agreement of a majority of Trustees. b. Special Meetings. Any one Trustees may call a special meeting of the Trustees at any time, in person, by telephone or by e-mail, by giving at least forty-eight (48) hours written or e-mailed notice of the time and place of the meeting to the remaining Trustees. The Trustees may conduct ministerial and administrative duties by voting via e- mail, without notice, but a record of such action must be made and stored, pursuant to applicable law. 5.3 TRUSTEE MEETING LOCATION The regular Trustee meeting will be held at Meridian City Hall or in another designated location. 5.4 EXECUTIVE SESSIONS. The Trustees may conduct executive sessions that are closed to the public after the following requirements have been followed: a. The Trustees have first been convened in an open meeting. b. The executive session is authorized by a roll call vote in open session. c. The executive session is authorized under the provisions of Idaho law. The Trustees shall reconvene the open meeting after an executive session prior to adjourning the meeting. 6. AGENDA PREPARATION AND FORMAT 6.1 AGENDA PREPARATION. a. Regular Meetings: The Chair is responsible for placing all items on the agenda of regular meetings. The Chair or Trustees, depending on the agenda item, are responsible for providing the back-up material for each agenda item and for bringing to the attention of the Chair items to be included on the agenda at future Trustee meetings. The agenda and accompanying supporting material shall be distributed to Trustees by 5:00 p.m. on the Friday prior to the scheduled Trustee meeting except in emergency or special situations. Copies of the agenda are available to the media, public and staff. b. Special Meetings. Whenever possible, the procedures for agenda preparation and dissemination used for regular meetings will be used for special meetings. Meridian City Council Meeting Agenda November 6, 2019 – Page 348 of 610 8 c. These procedures may be altered by the Chair during an emergency or when compliance would be impractical. However, the Chair shall comply with all legal requirements when scheduling meetings and preparing the agenda. 6.2 AGENDA FORMAT. The Trustees shall follow the order of business set up by the agenda unless the order is altered at the discretion of the Chair. For regular Trustee meetings, the following format is used: Call to order, roll call a. Approval of minutes b. Consent grouping c. Reports d. Action Items e. Discussion Items f. Public Participation g. Adjournment A notice of executive session and the need to reconvene to regular meeting will be included as necessary. The consent grouping on the agenda is used for those items which usually do not require discussion or explanation as to the reason for Trustee action. Any Trustee may require the withdrawal of any item under the consent grouping for independent consideration. Consent agenda items may be removed for discussion and debate by any Trustee by notifying the Chair twenty-four (24) hours before the regular Trustee meeting, or by a majority of the Trustees present at the meeting. 7. MEETING PROCEDURES 7.1 ORDERLY CONDUCT OF MEETINGS. The Chair is responsible for the orderly conduct of Trust meetings and shall rule on such matters as the time to be allowed for public discussion, the appropriateness of the subject being presented, and the suitability of the time for such a presentation. All such rulings are subject to review by the Trustees at a subsequent meeting, properly noticed, as long as the matter is included on the agenda. 7.2 QUORUM. A quorum is defined as at least three (3) Trustees. In the event that a quorum is not present within fifteen (15) minutes after the scheduled start time, the meeting may be canceled and another meeting may be scheduled with due and proper notices in accordance with these rules. 7.3 VOTING. Votes on all motions shall be by ayes and nays. No secret ballots shall be used. Each Trustee shall have one vote on all matters in any meeting of the Trustees. Any action taken by the Trustees shall be taken by the vote of not less than three (3) Trustees. Motions will be recorded accurately. If there is any ambiguity, the Chair will seek clarification of the motion. The Chair or any Trustee may call for a roll call vote. Meridian City Council Meeting Agenda November 6, 2019 – Page 349 of 610 9 Unless such vote is called for, action may be taken by voice vote in which event, unless a Trust member expresses that he/she is abstaining from voting or voices a dissenting vote, members will be presumed to have voted for passage of the motion and their votes will be so recorded. 7.4 RULES OF ORDER. The Trustees prescribe rules for its meetings as follows: a. The Trust shall hold a regular quarterly meeting and may hold other meetings as often as called. The Trust may also cancel scheduled meetings. b. Each action item shall require a motion, and all motions shall require seconding. c. The Chair may make or second motions, and may vote on all motions. d. A motion to adjourn is in order at any time. Such a motion shall require a second and a majority vote. No discussion is in order. e. A motion to table is in order at any time. Such a motion requires a second and is limited to being considered only once on any given agenda item. No discussion is in order. f. Rules of order may be subject to suspension only upon a majority vote of the members of the Trust present at a meeting. g. In matters of procedure not covered by law or policy, the Trustees shall be guided by Roberts’ Rules of Order. h. During Trustee meetings, Trustees will turn off or silence cell phones. i. Trust meetings will start and end on time. j. Trustees will arrive on time or notify the Chair if they will be late to a Trust meeting. k. Trustees will arrive prepared to conduct Trust business at Trust meetings. l. Trustees will avoid sidebars, will support Trust decisions, will treat each other as colleagues, and will assume good intentions. 7.5 MINUTES. Minutes shall be kept of all regular and special Trust ee meetings. Complete written minutes of each Trustee meeting are available for public review in Human Resources. The minutes for the most recent Trustee meeting will be available for review on the day that the agenda and supporting documentation is sent to Trustees in preparation for the next regularly scheduled Trustee meeting. The Trustees will take action at a subsequent meeting to amend and/or approve minutes. Minutes of regular or special meetings will be distributed to all Trustees prior to the next meeting. The Trust Secretary shall keep a written record of those Trustees present and those absent at all official Trustee meetings. The Trust Secretary shall also keep an official written record of all proceedings and actions of the Trust. The Trustees may vote to audio or video record minutes of any or all meetings. 7.6 PUBLIC PARTICIPATION AT TRUST MEETINGS. All regular and special meetings of the Trustees shall be open to the public. As part of each agenda, there will be an opportunity for public participation. Meridian City Council Meeting Agenda November 6, 2019 – Page 350 of 610 10 The Trustees desire to hear viewpoints of City employees and consider the responsible presentation of these viewpoints vital to the efficient operation of the Trust. The Trust also recognizes its responsibility to conduct its business in an orderly and efficient manner. The Trust therefore establishes the following procedures: a. The Chair shall be responsible for recognizing speakers, maintaining proper order, and adherence to any time limit set. The Trustees may not discuss, consider or make decisions on any matter not on the agenda. However, questions asked by a public participant will be answered in writing within fifteen (15) working days if feasible by the Chair or designee. Questions requiring investigation may take longer to respond to; however, the public participant will be notified of the delay. b. If considered necessary, the Chair shall set a time limit on the length of the comment period. The comments of each speaker shall be no more than three (3) minutes per topic unless the speaker requests additional time and unless the time limit is waived b y the Chair. Trustees may ask for clarification or make comments in response to the speaker's remarks but shall not enter into deliberation or debate. Interruptions, defamatory remarks or other interference with the orderly conduct of Trustee business will not be permitted. The Chair shall terminate the speaker's privilege if, after being called to order, the improper conduct or remarks persist. c. Public participants shall not be recognized by the Chair while the Trustees conduct its official business. d. Individuals that want to address the Trust will sign up to do so at the beginning of each Trust meeting and will indicate the topic they will be addressing. 8. ROLES AND RESPONSIBILITIES Within the confines of applicable laws and City policies and regulations, the Trustees define their role and responsibilities with the following groups. 8.1 MAYOR AND CITY COUNCIL Within the confines of the law, the Council established the health insurance trust and appointed Trustees. Pursuant to the Trust Agreement, the Trustees serve at the pleasure of the Council. The City Council is responsible for deciding if the City offers its employees health insurance and health related benefits. Based on this decision, the Trustees make budget requests to the Council who has sole discretion in determining the Trust’s budget and appropriating approved budget amounts. Additionally, the Council decides premium allocation between the employer and employees. This decision may be made upon recommendation from a designated group or committee. Once budget funds are allocated, the Trustees are responsible for long term financial stability; for making decisions within the confines of the budgeted funds; the law, and governing rules regarding such things as plan design, who are covered individuals, PEHP plan offerings, Wellness programs, and other health related programs. Meridian City Council Meeting Agenda November 6, 2019 – Page 351 of 610 11 8.2 EMPLOYEE UNIONS. The Trustees are not a negotiating body and consequently do not negotiate with employee unions. The Trustees are responsible for overall premium establishment. Unions have the opportunity to give input regarding member’s health related needs and desires, plan design, coverage, offerings, etc. The Trustees consider union requests relating to plan design, coverage, offerings, etc. The Trustees serve as a source of information for the unions on health-related issues. 8.3 CITY EMPLOYEES. The Trustees have a fiduciary responsibility to maintain a financially sound Trust Fund. The Trustees will coordinate with the Benefits Committee as to plan design and benefits options. Trustees are responsible for communicating with employees the components of the Employee Benefits Plan and educating employees about health care options. The Trustees will use established communication processes or will create others as needed. The Trustees will encourage employees to use established communication processes. Employees are responsible for communicating their concerns and preferences for all health care related issues through appropriate groups such as WBT, EAC, and the Wellness Committee or through individual Trustees. 8.4 ADMINISTRATIVE SUPPORT. The Trustees provide direction to Human Resources related to Trust functions. The Trustees propose programs, costs, and budget, and are responsible for budget related to functions of the Trust. Human Resources is responsible for providing the following support to the Trust: secretarial support, subject matter expertise, liaison with consultants/contractors, providing financial reports, completing financial transactions, underwriting analysis with benefits consultant (evaluate numbers from the third-party administrator), regulatory compliance, administration of benefits, advising employees, liaison with State Department of Insurance. Trustees will prepare a budget for the Department of Finance to incorporate into the City’s overall budget. Trustees control and administer the Trust budget. The Trust/Trustees should be treated like a department in the budget process. 8.5 OUTSIDE CONSULTANTS. The term “Outside Consultants” is broadly defined to include the benefit consultant, third party administrator, actuary, external auditor, etc. Regarding the benefit consultant, they are responsible for: a. Plan Benchmarking b. Financial Analysis c. Renewal Analysis d. Assist with vendor relationships, as requested e. Assist with employee advocacy/problem resolution, as requested f. Contract reviews, as requested g. Attend Health Plan Trustee meetings, as requested h. Advise on legal compliance to include COBRA, HIPAA, Medicare, etc. Meridian City Council Meeting Agenda November 6, 2019 – Page 352 of 610 12 i. Benefit Plan Consulting j. Employee Information Meetings k. Attending City Council Meetings AMENDMENT. These Bylaws may be amended at any regular meeting of the Trustees by a majority vote of the voting membership of the Trust. The Chair shall report any amendments to the Bylaws to the Mayor and City Council. These Bylaws are adopted on this ____ day of ________, 20____ by the undersigned Trustees. INITIAL TRUSTEES: ____________________________________ William Lloyd Mossman Nary ____________________________________ Alexander Ronald Freitag ____________________________________ Eric Kent Strolberg ____________________________________ Christena Ann Barney Meridian City Council Meeting Agenda November 6, 2019 – Page 353 of 610 13 EXHIBIT A Trust Agreement See attached. Meridian City Council Meeting Agenda November 6, 2019 – Page 354 of 610 EIDIAN.,*-- DAJ CITY COUNCIL WORK SESSION AGENDA November b-,, 2019 Agenda Item Number: 3 Q Item Title: Interagency Governmental Agreement for Waiver of costs and fees Between West Ada School District and the City of Meridian Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.Q. Presenter: Bruce Freckleton Estimated Time f or P resentation: 2 Title of I tem - Interagency Governmental Agreement for Waiver of Costs and F ees B etween West Ada S chool D istrict and City of M eridian D uring the term of the agreement, except as otherwise agreed in writing and signed by both parties, neither party shall be obligated to pay fees to the other as detailed in the agreement. AT TAC HM E NT S: Description Type Upload D ate WA S D F ee Waiver A greement A greements / C ontracts 10/25/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 355 of 610 INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES ("Agreement") is made and entered into this (D Mq day of N10YUnnber, 2019, by and between West Ada School District, an Idaho school district and body politic and corporate of the State of Idaho ("District") and the City of Meridian, an Idaho municipal corporation ("City"). RECITALS A. District is a Joint School District organized and operating pursuant to Idaho Code Title 33. B. City is a public entity organized and operating pursuant to Idaho Code Title 50. C. District and City serve largely the same constituencies, comprised of the same taxpayers. D. District and City each charge various fees for certain services that they provide. E. In furtherance of mutual partnerships, District and City desire to enter into a mutual fee waiver agreement whereby neither party may be obligated to pay certain specified fees or charges to the other. F. Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties. G. District and City are both "taxing districts," as defined by Idaho Code § 63-201. H. In consideration of the above, the purpose of this Agreement is to set forth in writing the parties' agreement that neither party shall be obligated to provide any fees or charges to the other during the term of this Agreement as further set forth below. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties do mutually undertake, promise, and agree as follows: INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - I 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 5 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 5 8 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 5 9 o f 6 1 0 4.8 Headings. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. 4.9 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. 4.10 Limitations on Liability. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. 4.11 Time is of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. WEST ADA SCHOOL DISTRICT: hw Lk Dr. Ma Ann Ranells, Superintendent CITY OF MERIDIAN: Tammy de erd, Mayor GQ4,�Oyp,TED AUCGSTl Attest: $ Ch 's J -son, City C k �p � E city -f w CAVI IDIAN�- ` IDAHO 9+ SEAL rFy����(rde TAEASUO�1'�P�v INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 5 C /E IDR IAN*,---- AHO CITY COUNCIL WORK SESSION AGENDA November tj, 2019 Agenda Item Number: 3 R Item Title: Interagency Agreement between Ada County Highway District and the City of Meridian For water and sewer improvements for Linder Rd. and Franklin Rd. to Pine Ave. ACHD Project No. 516019 Meeting Notes: p APPROVED I TEM SHEET C ouncil Agenda I tem - 3.R. Presenter: Al Christy Estimated Time f or P resentation: 0 mins Title of I tem - Interagency Agreement Between Ada C ounty Highway District And City Of M eridian F or Water and S ewer Improvements for L inder Rd. and F ranklin Rd. to Pine Ave. AC HD P roject No. 516019. AC HD will imp ro ve Linder R o ad from F ranklin R o ad to P ine Avenue. During cons tructio n, AC HD will have C ity o f Meridian water and s ewer imp ro vements ins talled by their contrac tor. T he water p o rtion will cons is t o f the adjus tment of ap p ro ximately 125 ft. of 6-inch, 8-inc h, and 12-inch P V C pipe, an 18” HDP E s leeve for a non-p o table c ro s s ing, s ub s eq uent ad justments o f water valves, and the ins tallation o f two water s ervic e s tub s . T he s ewer portio n will c ons is t of the adjus tment and ins tallatio n of approximately 285 ft. of 4-inc h, 10-inc h, and 15-inc h gravity sewer main and services and the s ubs equent adjus tments to existing manho les within the road corridor. AT TAC HM E NT S: Description Type Upload D ate C O UNC I L ME MO - I A A P roject No516019 Cover Memo 10/30/2019 I A A for (L inder - F ranklin to P ine) F inal Draft Cover Memo 10/30/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 361 of 610 Mayor Tammy de Weerd City Council Members Joe Borton Treg Bernt Genesis Milam Luke Cavener Ty Palmer Anne Little Roberts Page 1 of 3 TO: Mayor Tammy de Weerd Members of the City Council FROM: Al Christy – Transportation and Utility Coordinator DATE: October 30, 2019 SUBJECT: INTERAGENCY AGREEMENT BETWEEN THE ADA COUNTY HIGHWAY DISTRICT AND THE CITY OF MERIDIAN FOR WATER, AND SEWER IMPROVEMENTS FOR LINDER ROAD, FRANKLIN ROAD TO PINE AVENUE. ACHD PROJECT NO. 516019 REQUESTED COUNCIL DATE: November 5, 2019 I. RECOMMENDED ACTION A. Move to: 1. Approve the attached agreement with the Ada County Highway District (“ACHD”). 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Al Christy – Transportation and Utility Coordinator 208-489-0352 Jared Hale – Project Manger 208-489-0370 Warren Stewart, City Engineer 208-489-0350 Dale Bolthouse, Director of Public Works 208-985-1257 III. DESCRIPTION A. Background ACHD will be widening Linder Road to five lanes between Franklin Road and Pine Avenue as part of their 2020 roadway program. As a utility within the public right of way, the City is responsible for adjustment of water and sewer infrastructure to allow for roadway projects. As part of the construction, City of Meridian City Council Meeting Agenda November 6, 2019 – Page 362 of 610 Page 2 of 3 Meridian utilities are being adjusted to meet required clearances. The construction will also allow the City to stub out utilities for future development. B. Proposed Project ACHD will improve Linder Road from Franklin Road to Pine Avenue. During construction, ACHD will have City of Meridian water and sewer improvements installed by their contractor. The water portion will consist of the adjustment of approximately 125 ft. of 6-inch, 8-inch, and 12-inch PVC pipe, an 18” HDPE sleeve for a non-potable crossing, subsequent adjustments of water valves, and the installation of two water service stubs. The sewer portion will consist of the adjustment and installation of approximately 285 ft. of 4-inch, 10-inch, and 15- inch gravity sewer main and services and the subsequent adjustments to existing manholes within the road corridor. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Fiscal Impact The costs of the City of Meridian infrastructure improvements are estimated to be $262,000 and will be funded from the different accounts, as shown below. The actual costs will be presented to Council for approval following the bid opening for this project. Project Costs: Fiscal Year 2020 Franklin to Pine $262,000 Total $ 262,000 Project Funding Fiscal Year 2020 Account Code / Codes Water Main Extensions 3490-96140 $85,000 Sewer Main Extensions 3590-93505 $177,000 Total Funding $262,000 V. TIME CONSTRAINTS ACHD plans to start construction on this project in January 2020. City approval of this agreement is required for ACHD to install sewer and water improvements as part Meridian City Council Meeting Agenda November 6, 2019 – Page 363 of 610 Page 3 of 3 of their project. This agreement is on the ACHD Commission agenda for the November 13, 2019. ACHD plans to award the bid for this project in November 2019. VI. LIST OF ATTACHMENTS A. Interagency Agreement between Ada County Highway District and the City of Meridian for water, reclaimed water and sewer improvements. Approved for Council Agenda: ______________ Meridian City Council Meeting Agenda November 6, 2019 – Page 364 of 610 INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/ WATER AND SEWER CONSTRUCTION LINDER ROAD, FRANKLIN ROAD TO PINE AVENUE ACHD PROJECT NO. 516019 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEW, ER CONSTRUCTION ("Agreement") is made and entered into this �n� day of IVo\(e_rr) brjL , 2019, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 516019. RECITALS WHEREAS, ACHD is a single county -wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction project known as LINDER ROAD, FRANKLIN ROAD TO PINE AVENUE ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including but not limited to relocations, service line extensions and minor modifications to existing systems (collectively, "City Water and Sewer Improvements") as detailed in Project no. 516019, to be constructed pursuant to a separately -executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries. Page 1 of 8 Page 2 of 8 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia , a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN’S written concurrence with DISTRICT’S recommendation for award of the CONTRACT prior to making such award. MERIDIAN’S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements from the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project. d. Include in the CONTRACT a term providing that MERIDIAN will have the right to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the 2 year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT’s portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN’s concurrence regarding MERIDIAN’s portion of the CONTRACT, together with an invoice for MERIDIAN’s share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. Meridian City Council Meeting Agenda November 6, 2019 – Page 366 of 610 Page 3 of 8 i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT’S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City’s Supplemental Specifications to the ISPWC, and the City’s Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.e., 1.f. or 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT the construction costs attributable to the quantities of items that would have been required for MERIDIAN to patch and/or repave trenches in the roadway if the work is done outside of the ACHD Project limits. Costs will be calculated from the unit prices of the awarded bid. Design costs for the ACHD Project completed by MERIDIAN will be deducted from the reimbursement to DISTRICT. Exact items, quantities and design costs will be agreed to by both parties. Meridian City Council Meeting Agenda November 6, 2019 – Page 367 of 610 Page 4 of 8 f. Reimburse DISTRICT five percent (5%) of MERIDIAN’S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight and maintaining construction project files. g. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN’s project costs as they relate to the total project construction costs. h. Provide (at City’s sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1’) above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. i. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims and damages resulting from any such trench failure. j. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN’S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution and Idaho Code Title 6, Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the agreement. Meridian City Council Meeting Agenda November 6, 2019 – Page 368 of 610 Page 5 of 8 l. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend, regardless of outcome, DISTRICT from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City’s efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN’S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. Meridian City Council Meeting Agenda November 6, 2019 – Page 369 of 610 Page 6 of 8 k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. l. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party’s right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Meridian City Council Meeting Agenda November 6, 2019 – Page 370 of 610 Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT By: r By. . ee..W=g Rebecca Arnold Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN By:�� By: ris johnso'nU Tammy de Weerd City Clerk Mayor Page 7 of 8 STATE OF IDAHO ) ss. COUNTY OF ADA ) nn thi-, I day 2019, before me, the undersigned, personally appeared REBECCA ARNOLD and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. '' y ,"q's"..so,,,,0, _ ..•`tel i'` • Comm. 62051 t i • : .O ,�,,,.T •P : B :.LvP•, �• STATE OF IDAHO ) ss. COUNTY OF ADA ) Notary Public daho Residing at My commission expires: August 13, 2025 Idaho On this day of 1 ove-YY 'N'(-- , 2019, before me, the undersigned, personally appeared TAMMY DE WEERD and CFfRtS-JOHNSON, Mayor and Qty -Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the p ed to me that persons whose names are subscribed to the within instrument, and acknowledged the executed the same for and on behalf of said corporation. '' � y p �r ChMiS �InSC��1, Ci�rC IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COWISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 30M Notary Public for Idaho Residing at _'_ i 1tA an , Idaho My commission expires: 3 a2 aOaQ Page 8 of 8 EIDIAN?- �J CITY COUNCIL WORK SESSION AGENDA November ,f, 2019 Agenda Item Number: 3 S Item Title: Cost Share Permit with Ada County Highway District For the Linder Road, Franklin Road to Pine Avenue Project Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.S . Presenter: Estimated Time f or P resentation: 0 Title of I tem - C ost S hare Permit with the Ada County Highway Distr ict for the L inder Road, F ranklin Road to P ine Avenue P roject AT TAC HM E NT S: Description Type Upload D ate Cost S hare P ermit No. 36 A greements / C ontracts 10/31/2019 E xhibit A E xhibit 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 373 of 610 1 ADA COUNTY HIGHWAY DISTRICT COST SHARE PERMIT 3775 Adams Street Garden City Idaho 83714 Phone (208) 387-6280 Facsimile (208) 387-6289 ACHD Contact Person: Name: David Rader 3775 Adams Street Garden City Idaho 83714 Phone: (208) 387-6249 Date of Permit: _______________, 2019 ACHD Project No.: 516019 Permit No.: 036 Capitalized terms that are not defined in this Permit shall have the meanings given to them in the ACHD Cost Share Ordinance No. 215. I. PARTNERING AGENCY INFORMATION This permit is granted to: City of Meridian Partnering Agency Contact Person: 33 E. Broadway Ave. Meridian, Idaho 83642 Caleb Hood 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 489-0572 Email: chood@meridiancity.org II. ROAD PROJECT AND APPROVED NON-TRANSPORTATION COMPONENTS Name/Location of ACHD Road Project: Linder Road, Franklin Road to Pine Avenue, ACHD Project #516019, as depicted in the project plans attached hereto and incorporated herein as Exhibit A. Approved Non-Transportation Components: Pursuant to this Permit, ACHD authorizes, and, as a condition of issuing this Permit, requires, the following Non-Transportation Components: Design, Construction, and Perpetual Maintenance of Additional Street Lights within the Right- of-Way of Linder Road at Stations 6+66.24, 9+17.65, 11+05.00, 13+58.37, 15+56.41, and 17+51.28, as depicted on Exhibit A. ACHD authorizes and requires the design, construction, and perpetual maintenance of additional street lights (the “ Additional Lights ”) within the right- of -way of Linder Road at stations 6+66.24, 9+17.65, 11+05.00, 13+58.37, 15+56.41, and Meridian City Council Meeting Agenda November 6, 2019 – Page 374 of 610 2 17+51.28. In accordance with Ordinance 215, the foregoing Additional Lights are referred to herein as the “Non-Transportation Components.” III. ACQUISITION OF RIGHT-OF-WAY OR REAL PROPERTY Conditions of acquisition/contribution of right-of-way or real property by Partnering Agency and/or reimbursement to ACHD by Partnering Agency for said acquisition: ACHD has already acquired or is in the process of acquiring right-of-way or real property adequate for the Non-Transportation Components. Therefore, the acquisition of right-of-way or real property is not required of Partnering Agency. IV. DESIGN OF NON-TRANSPORTATION COMPONENTS Party responsible for obtaining plans/designs for Non-Transportation Components: ACHD has already completed plans/designs for the Non-Transportation Components. Therefore, plans/designs are not required of Partnering Agency. If Partnering Agency is responsible for providing plans/designs, deadline for submitting plans/designs to ACHD for approval: Not applicable due to the nature of the design. Allocation of design costs for Non-Transportation Components (including, if applicable, any credits provided to Partnering Agency and application of any federal funding) and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all design costs for the Non-Transportation Components, if any. Partnering Agency shall not be credited under this Permit for costs incurred for the design of the Non-Transportation Components. V. CONSTRUCTION OF NON-TRANSPORTATION COMPONENTS Description of construction work approved by ACHD to be completed by Partnering Agency (if applicable): (In addition to description, refer to designs and plans attached to this Permit as Exhibits, if applicable. If designs and plans are not complete at the time of issuance of this Permit, they must be approved in writing by ACHD and shall be incorporated into this Permit.) ACHD shall construct the Non -Transportation Components . Meridian City Council Meeting Agenda November 6, 2019 – Page 375 of 610 3 If Partnering Agency is responsible for all or a part of the construction of the Non- Transportation Components: a. Date for submitting Partnering Agency’s contractors and engineers to ACHD for approval: Not applicable due to the nature of the construction. b. Date for submitting Partnering Agency’s contractors’ and engineers’ estimates to ACHD for approval: Not applicable due to the nature of the construction. c. Date for submitting Partnering Agency’s contractors’ and engineers’ contracts to ACHD for approval: Not applicable due to the nature of the construction. Any modifications to the deadlines set forth above must be approved in writing by ACHD . Allocation of construction costs for Non-Transportation Components, reconstruction costs of Transportation Components necessitated by the incorporation of Non-Transportation Components into the Road Project, ACHD construction, maintenance, administration, and overrun costs (including, if applicable, any credits provided to Partnering Agency and application of any federal funding), and time for reimbursement, if applicable: Partnering Agency shall be solely responsible for all construction costs of the Non- Transportation Components. Partnering Agency shall receive no credits in connection with the construction of the Non-Transportation Components. Partnering Agency shall reimburse ACHD for the actual cost of all materials used, the cost of the relocation of any utilities necessitated by the Non-Transportation Components, and any other costs associated with the construction and installation of the Non-Transportation Components. Payment by Partnering Agency shall be made to ACHD within 30 days following submission of an invoice by ACHD to Partnering Agency identifying such charges. Relocation of utilities to be completed by Partnering Agency (if any): Partnering Agency shall be solely responsible for the cost of relocating any utilities required in connection with the placement, incorporation, or construction of the Non-Transportation Components. Storm water provisions (if applicable): Upon a determination by ACHD that the incorporation into the Road Project of Partnering Agency’s Non-Transportation Components will have an adverse effect on storm water quantity or quality, Partnering Agency shall be solely responsible for either mitigating or funding the mitigation of any such adverse effects in a means determined by or acceptable to ACHD. Meridian City Council Meeting Agenda November 6, 2019 – Page 376 of 610 4 Schedule for completion of Road Project: At this time, ACHD’s schedule for completion of the Transportation and Non-Transportation Components of the Road Project completion is unknown, but estimated to be Summer 2020. VI. MAINTENANCE OF NON-TRANSPORTATION COMPONENTS Maintenance requirements of Non-Transportation Components by Partnering Agency: Partnering Agency shall be, and is hereby, granted a non-exclusive, revocable license to maintain, repair, and replace the Non-Transportation Components, subject to the provisions of this Permit and during the term of this Permit. Partnering Agency shall cause the Non-Transportation Components to be operated and maintained in good functioning order during the term of this Permit, in accordance with applicable law, the approved designs/plans, Partnering Agency’s landscape and irrigation standards and specifications, and industry standards. This obligation includes, without limitation, grass and lawn care, pruning or replacement of gravel, trees, and shrubs, clean-up of litter and debris, weed removal, and application for shrubs, trees, and groundcover, as applicable. Any replacement and/or installation by Partnering Agency of additional improvements shall be accomplished in accordance with designs, plans, and specifications approved in advance and in writing by ACHD, in its discretion, and as required to satisfy applicable laws, its policies, and good engineering and landscaping practices. Additional conditions: 1. This Permit does not extend to Partnering Agency the right to use any part of the ACHD Road Project area to the exclusion of ACHD for any use within its jurisdiction, authority, and discretion or of others to the extent authorized by law. 2. In accessing any part of the Road Project that has been accepted as an open public highway (as the term “highway” is defined in Idaho Code Section 40-109(5)), Partnering Agency’s authorized use is subject to the rights of the public to use the highway. 3. The rights granted hereunder are subject to and subordinate to the rights of holders of easements of records and the statutory rights of utilities to use the right-of-way. 4. This Permit does not preclude or impede the ability of ACHD to enter into or grant easements or license agreements allowing third parties to access the Road Project area, or the ability of ACHD to redesign, reconstruct, relocate, maintain, and improve the Road Project and right-of-way as it determines necessary, in its sole discretion. 5. In consideration of the license granted by this Permit, Partnering Agency expressly covenants and agrees that the license granted herein is temporary and merely a permissive use of the ACHD right-of- way pursuant to the terms of this Permit. Partnering Agency assumes the risk that the license granted herein may be terminated before Partnering Agency has realized the economic benefit of the cost of installing, constructing, repairing, or maintaining the Non-Transportation Components, and by signing and accepting this Perm it, Partnering Agency hereby waive s and estops itself from a sserting any claim, Meridian City Council Meeting Agenda November 6, 2019 – Page 377 of 610 5 including damages or reimbursement, that the license is in any way irrevocable because Partnering Agency has expended funds on the Non-Transportation Components and the Permit has not been in effect for a period sufficient for Partnering Agency to realize the economic benefit from such expenditures. 6. In the event Partnering Agency fails to replace, repair, maintain, and care for the Non-Transportation Components, ACHD shall have the following remedies in addition to any other recovery in law or in equity, provided that ACHD first gives Partnering Agency 30 days’ notice and Partnering Agency fails to remedy such failure: (i) ACHD may revoke this Permit; (ii) ACHD may replace, maintain, and/or care for the Non-Transportation Components, and Partnering Agency shall reimburse ACHD fully for all associated costs; (iii) ACHD may remove, alter, redesign, or reconstruct the Non-Transportation Components or any part of the ACHD Road Project (including without limitation the right-of-way), or in the case of landscaping, replace the Non-Transportation Components with hardscape, and Partnering Agency shall reimburse ACHD fully for all associated costs; and (iv) ACHD may refuse to issue any further Cost Share Permits or any other permits for future ACHD Road Projects until Partnering Agency complies with the conditions of the Permit. In addition, in the event of an emergency caused by Partnering Agency’s failure to perform required maintenance, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, and Partnering Agency shall reimburse ACHD fully for all associated costs. VII. TERM Term of Permit: Perpetual, until terminated or revoked pursuant to the provisions of this Permit. Upon termination or revocation of this Permit, upon the request of ACHD, Partnering Agency will either, as directed by ACHD, (i) promptly remove the Non-Transportation Components and restore the underlying area to at least the condition present as of the date of this Permit, repairing and restoring all portions of ACHD’s right-of-way, personal property, and real property, if any, that are damaged during such removal activities; or (ii) reimburse ACHD for its cost of redesigning, replacing, and/or reconstructing the right-of-way or real property underlying the Non-Transportation Components. Any portion of the Non-Transportation Components that remain in ACHD right-of-way or on ACHD real property 90 days after the termination or revocation of this Permit shall be deemed abandoned, and ACHD shall have the right to remove them or redesign, replace, and reconstruct the right-of-way or real property underlying them and charge all costs to Partnering Agency. VIII. ADDITIONAL PROVISIONS APPLICABLE TO PROJECT Additional provisions: This Permit provides the terms upon which the incorporation of the Non-Transportation Components into the Road Project are approved. Meridian City Council Meeting Agenda November 6, 2019 – Page 378 of 610 6 IX. GENERAL CONDITIONS OF PERMIT 1. This Permit is issued conditioned upon Partnering Agency’s compliance with ACHD’s Cost Share Ordinance No. 215 and all certifications made by Partnering Agency pursuant to this Permit. 2. This Permit is subject to the provisions of state and federal law and ACHD’s Cost Share Ordinance No. 215, in effect as of the date of issuance of this Permit (the “Applicable Law”). In the event of any conflict between this Permi t and Applicable Law, Applicable Law shall govern. In the event that any part of the obligations of Partnering Agency or of ACHD in connection with the Road Project are determined to be illegal or unenforceable by a court of competent jurisdiction, the remaining obligations of Partnering Agency set forth in this Permit shall still be applicable. Future amendments and restatements of the Cost Share Ordinance shall not be applicable to this Permit. 3. If any portion of the ACHD Road Project (including without limitation any portion of the right- of-way) is damaged as a result of Partnering Agency’s action or inaction with regard to the construction, operation, and/or maintenance of the Non-Transportation Components or the failure or neglect to construct, operate, and/or maintain the Non-Transportation Components, then Partnering Agency shall, at its sole cost and expense, correct such deficiency and restore the area to the same condition it was in prior thereto, and if Partnering Agency or its successors or assigns shall fail or neglect to commence such correction and restoration within 24 hours of notification thereof, ACHD may proceed to do so, in which event Partnering Agency shall reimburse ACHD for the costs and expenses thereof, including, without limitation, reasonable compensation for the use of staff and equipment of ACHD. 4. Partnering Agency shall be liable to ACHD for any and all damages, fines, fees, obligations to third parties, costs, expenses, attorney fees, or any other liabilities whatsoever resulting from Partnering Agency’s failure to comply with any provision of this Permit and/or Cost Share Ordinance No. 215. Without limiting the foregoing in any manner, in the event Partnering Agency fails to comply with any provision of this Permit, then following any applicable notice and opportunity to cure set forth herein, ACHD shall have the right, in addition to all other rights and remedies elsewhere in this Permit, to redesign, replace, and/or reconstruct the Non- Transportation Components and/or the right-of-way or real property underlying the Non- Transportation Components, and in such event, Partnering Agency shall reimburse ACHD for all associated costs. The obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 5. Partnering Agency may delegate any of its responsibilities hereunder to any third party so long as it gives prior written notice to ACHD that specifies in detail what responsibilities are being delegated and identifies the third party. Notwithstanding any delegation to a third party, Partnering Agency shall remain and shall be ultimately responsible for the third party’s compliance with the terms of this Permit, and no delegation shall absolve Partnering Agency of any duties or obligations of this Permit in any way. In addition, Partnering Agency fully assumes all legal risks of determining whether any such delegation is proper under applicable law and/or regulations, and shall not be absolved of any responsibilities under this Permit if it is unable to complete or maintain any such delegation for any reason. Meridian City Council Meeting Agenda November 6, 2019 – Page 379 of 610 7 6. Partnering Agency will protect, defend, indemnify, and hold ACHD and its officers, directors, employees, members, and agents harmless from and against any and all liability, suits, losses, damages, claims, actions, costs, and expenses of any nature, including court costs and attorney fees, arising from or out of any acts or omissions of Partnering Agency, its agents, or contractors related to or in connection with the Non-Transportation Components and the exercise of any privileges or performance of any obligations by Partnering Agency pursuant to the terms of this Permit. Partnering Agency’s obligations in this Section shall survive the expiration, revocation, and/or cancellation of this Permit for any reason. 7. In the event the Non-Transportation Components will or may necessitate future maintenance, repair, relocation, or replacement that is not the subject of this Permit, ACHD shall in its discretion issue Partnering Agency an amended or an additional Cost Share Permit to perform such work. 8. ACHD shall at all times have the right to relocate, reconstruct, remove, or redesign any and all improvements that are part of the Road Project. ACHD will use its best efforts to advise Partnering Agency of any anticipated actions within the Road Project that would be likely to cause a relocation, modification, or other adaptation of any of the Non-Transportation Components, and the parties, to the extent reasonably possible, shall agree to a priority schedule regarding the same and shall attempt to cooperate with respect to planning and coordination as related to any such relocation, modification, or other adaptation of any of the Non-Transportation Components. If ACHD ultimately determines that any part of the Road Project must be relocated, reconstructed, removed, or redesigned, then Partnering Agency, at its sole cost and expense, shall be responsible for relocating, reconstructing, removing, or redesigning the Non- Transportation Components, as required by ACHD, which shall be accomplished by Partnering Agency according to designs, plans, and specifications approved by ACHD in writing prior to any such work. Partnering Agency may also elect to remove all or a part of the Non-Transportation Components in lieu of any relocation, modification, or adaptation. Partnering Agency assumes any and all costs of itself and ACHD relating to any future relocation of the Non-Transportation Components. 9. ACHD shall at all times have the right to revoke this and any other Cost Share Permit granted to Partnering Agency to access any Highway, Public Right-of-Way or real property. In addition, ACHD may immediately perform any and all emergency repairs or take other measures in connection with an emergency, in which case Partnering Agency shall reimburse ACHD fully for all associated costs. 10. This Permit shall immediately be revocable and/or cancelable by ACHD by providing written notice to Partnering Agency upon the occurrence of any of the following: (i) a determination by ACHD that any of the information submitted by Partnering Agency in the Cost Share Application is false or inaccurate in any manner; (ii) a determination by ACHD that Partnering Agency has failed to comply with any term or provision of this Permit or any other permit granted by ACHD to Partnering Agency; or (iii) a determination by ACHD that Partnering Agency has failed to replace, maintain, and/or care for the Non-Transportation Components as required by the terms of this Permit. Except in an emergency situation, ACHD shall provide Partnering Agency with 30 days’ notice of the issue and an opportunity to comply prior to exercising such rights. 11. The issuance of this Permit shall in no way obligate ACHD to provide Partnering Agency with additional permits or rights, nor shall ACHD be obligated to utilize provisions or rights set forth in this Permit in connection with additional permits or rights that it may elect to provide to Partnering Agency in the future. Meridian City Council Meeting Agenda November 6, 2019 – Page 380 of 610 12. All exhibits and any addenda to this Permit are incorporated herein. 13. This Permit is conditioned upon the signature of ACHD and Partnering Agency below. SIGNATURES This Cost Share Permit is issued by the Ada County Highway District on the date set forth above: Ada County Highway District: The person signing below represents that he or she has the authority on behalf of ACHD to issue this Permit and bind ACHD to the terms set forth herein. By: Bruce S. Wong Its: Director City of Meridian: Acceptance/certification by Partnering Agency: The person signing below represents that he or she has the authority on behalf of Partnering Agency to accept and agree to the terms of this Permit and bind P nering Agency to the terms set forth herein. By: Tammy L. de Weerd Its: Mayor Exhibits Exhibit A Project Plans 7" 4" 9" LANDSCAPE DIRT AREA SOD AREA SOD AREA SOD AREA SIG CAB 24" RCP TOP=84.22 I N V = 8 3 . 9 3 INV=82.65 I NV=8 2 .6 8 INV=91.37 1 2 " R C P I NV=9 1 .4 0 I NV=9 1 .5 6 2 4 " R C P I NV=8 2 .8 9 INV=82.87 INV=82.71 INV=96.39 ? ? INV=94.46 INV=96.60INV=96.78INV=94.68 INV=94.11 W/UD WM W/UD 18" RCP 1 8 " 1 8 " H D P E 18" HPDE 18" RCP 18" RCP 12" 1 2 " 1 2 " 12" RCP 18" 4+003+002+00 3775 Adams Street, Boise, Idaho, 83714 www.achdidaho.org Ada County Highway District Project Number:Project Title: Last Revised Dec. 2012 0 20 40 60 Plan Scale Revisions:Design By:Drawn By:Date:Survey By:Date:Date: 516019 LINDER RD, FRANKLIN RD TO PINE AVE CIVIL SURVEY 05/26/20164/18/2018 4/18/2018 Of 59Sheet Linder Road F r a n k l i n R o a d N O T E S TRAFFIC SIGNAL IMPROVEMENTS. INFORMATION SHOWN ON THIS SHEET IS ACCURATE ONLY FOR ATIONAL, UNLESS OTHERWISE APPROVED BY ACHD. REMAIN IN OPERATION UNTIL THE NEW SIGNAL IS FULLY OPER- THE EXISTING SIGNAL CONTROL OR A TEMPORARY SIGNAL SHALL CONDUIT LOCATIONS AND CONDUIT SCHEDULE. REFER TO TRAFFIC SIGNAL DETAILS SHEET FOR SIGNAL MATERIALS, INSTALLATION. SIGNAL POLES SHALL BE FIELD VERIFIED BY ACHD PRIOR TO THE LOCATIONS OF THE SIGNAL CABINET, SERVICE PEDESTAL AND REQUIREMENTS. SYMBOL LEGEND, CONSTRUCTION DETAILS AND INSTALLATION REFER TO ACHD STANDARD TRAFFIC DETAILS (TS SERIES) FORC1. 2. 3. 4. 5. E C D D E E E E O N L Y 30"x36" R3-5R LinderRd 100S 100N SNS R d 1 6 0 0 1 5 0 0 SNS F r a n k l i n W CONDUIT AND CONDUCTOR SCHEDULE POWER SOURCE IS EXISTING POWER POLE TO BE RELOCATED. INTERCEPT EXISTING CONDUIT WITH PROPOSED CONDUIT. FIBER FUSION SPLICE AND TERMINATION DETAILS. REFER TO TRAFFIC SIGNAL INTERCONNECT DETAILS SHEET FOR BY ITEM 1131.01.01.D. AND TERMINATING INTERCONNECT CABLE WILL BE PAID FOR INTERCONNECT AND LIGHTING SHEETS. INSTALLING, SPLICING BE PAID FOR BY SEPARATE BID ITEMS AS SHOWN ON THE INTERCONNECT CONDUIT, JUNCTION BOXES AND VAULTS WILL F F 47 R d 1 5 0 0 1 6 0 0 F r a n k l i n W SNS L i n d e r R d 1 0 0 N 1 0 0 S SNS Y I E L D O N G R E E N L E F T T U R N (REMOVE) Y I E L D O N G R E E N L E F T T U R N (REMOVE) Y I E L D O N G R E E N L E F T T U R N YIELD ON GREEN LEFT TURN (REMOVE) (REMOVE) 1 2" 2" SPARE 1-12F 2 #8, 1 #6 BARE (LIGHTING)2 3 4 2" 2" 2" 2" 5 2" 2"6 7 2" (EX.) 8 SPARE 2 #8, 1 #6 BARE (LIGHTING) 4-12C (VEH/PED) 2" 2"9 10 2" 2" 2" 2" 11 2"2 #6 (SERVICE) 12 SPARE 2 #8, 1 #6 BARE (LIGHTING) 13 2" 2" 2" 14 15 1 1/2" (EX.) 2" (EX.) 2 #8, 1 #6 BARE (EXISTING LIGHTING) 2-12C (EXISTING VEH/PED) 16 2"3 #3 (POWER) 17 2" 15 7 17 6 5 2 2 SPARE 2 #8, 1 #6 BARE (LIGHTING) 1-12C (VEH), 2-5C (PED) SPARE 4-12C (VEH/PED) 2-12C (VEH), 4-5C (PED) 2 #8, 1 #6 BARE (LIGHTING) 1-12C (VEH), 1-5C (PED) 2 #8, 1 #6 BARE (LIGHTING) 1-12C (VEH), 1-5C (PED) 1 18 4 3 19 18 8 9 14 16 NO.CONDUCTORSCONDUIT CABINET AREA DETAIL 9 8 14 16 18 19 6 11 12 10 13 18 2"1-5C (PED) 34 SPARE 1-COAX/5C (DETECTION) 2-12F 1-3CS (EMERGENCY PREEMPT DETECTOR) 1-COAX/5C (DETECTION) 1-3CS (EMERGENCY PREEMPT DETECTOR) 1-COAX/5C (EXISTING DETECTION) SPARE 2-COAX/5C (EXISTING DETECTION), 1-COAX/2C (EXISTING CCTV) SPARE 4-COAX/5C (DETECTION), 1-COAX/2C (CCTV) 3-12F 2-3CS (EMERGENCY PREEMPT DETECTOR) 1-12F (EXISTING) 19 2" 2" SPARE 1-12F (EXISTING) L. Venard L. Venard POLE D POLE E POLE APOLE C POLE A 2" 2" 2" 2" 2" 2" 2" 2" 2" 2" 2" 2" 2" O N L Y 30"x36" R3-5R POLE F POLE B 1. 2. NOTE: ON A WEEKEND. EXISTING FIBER OPTIC IS DISCONNECTED FOR A MAXIMUM OF 48 HOURS FIBER OPTIC: CONTRACTOR SHALL SCHEDULE WORK TO ENSURE THAT SPLICES OF SIGNAL WIRING ARE ALLOWED. ARE NOT LONG ENOUGH TO ALLOW JUNCTION BOX RELOCATIONS. NO EXISTING CABLE RUNS MAY NEED TO BE REPLACED WITH NEW IF THEY APRIL 18, 2018 ORIGINAL SIGNED ON HIGHWAY DISTRICT ADA COUNTY ORIGINAL ON FILE AT Meridian City Council Meeting Agenda November 6, 2019 – Page 382 of 610 T3N, R1W, Sect. 11 T3N, R1W, Sect. 12 Linder Road F r a n k l i n R o a d 48 M a t c h L i n e S t a . 7 + 5 0 L. Venard L. Venard SPARE (INSTALL #12 LOCATE WIRE) 12 STAND FIBER 2-2" RPC 1-#6 BARE 2-#8 2" RPC 1-#6 BARE 2-#8 2" RPC 1-#6 BARE 2-#8 2" RPC (ACHD) Top of Foundation Elev: 2599.26 Arm Length: Vertical Attachment Mounting Height: 40' Luminaire Pole Sta. 3+48.64, 61.38' Lt. (ACHD) Top of Foundation Elev: 2599.74 Arm Length: 15' Mounting Height: 35' Luminaire Pole Sta. 4+95.54, 44.75' Lt.(City of Meridian) Elev: 2597.18 Top of Foundation Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 6+66.24, 45.25' Lt. N O T E S Traffic Signal and Illumination System Complete, Item 1131.01.0115 18 Install Traffic Signal Interconnect Conduit (Trench), Item 1131.01.02.A 19 Install Traffic Signal Interconnect Junction Box, Item 1131.01.03 20 Install Traffic Signal Interconnect Cable, Item 1131.01.05 21 Install Street Lighting Conduit, Item 1131.01.07 22 Install Street Lighting Junction Box, Item 1131.01.08 15 18 20 21 22 22 21 21 E i g h t M i l e L a t e r a l HIGHWAY DISTRICT ADA COUNTY ORIGINAL ON FILE AT MARCH 11, 2019 ORIGINAL SIGNED ON 7" 4"8" 16" EB AREA 9" 10" SIGN SIG CAB 14" 11"7" 20"12" 10"24"8"10" 4" 4" 4 F T W O O D 12" 7" 10" 14" 24" RCP 1 2 " R C P 2 4 " R C P BUILDING W 4 F T W I R E W WM W/UD WM 6 0 " R C P W/UD WM 12" PVC 18" RCP 1 8 " 1 8 " H D P E 18" HPDE 1 2 " R C P 12"12" RCP 18" RCP 18" RCP STUB 1 2 " R C P 12" 12" 8 " 8 " 1 2 " 1 2 " 12" 12" RCP 18" 24" STEEL CASING 12" 15" 4 0 + 0 0 7+006+00 5+00 4+003+002+00 3775 Adams Street, Boise, Idaho, 83714 www.achdidaho.org Ada County Highway District Project Number:Project Title: Last Revised Dec. 2012 0 20 40 60 Plan Scale Revisions:Design By:Drawn By:Date:Survey By:Date:Date: 516019 LINDER RD, FRANKLIN RD TO PINE AVE CIVIL SURVEY 05/26/20163/11/2019 3/11/2019 Of 59Sheet P V C 1 8 " R C P 6 0 " RCP 60" 12" PVC 12" PVC 60" RCP R C P 6 0 " PVC 18" Meridian City Council Meeting Agenda November 6, 2019 – Page 383 of 610 4"6"11" 10" 4 F T W O O D 10" S I G N 12" S I G N 9"10" 14" 10" 22" 18" 12" 14" 5" BUILDING 12"10" 10" 6 F T W O O D 4 F T W O O D 4FT CLF W 24" W BUILDING SIGN 4" 6 F T W O O D 4FT WOOD 22" 26" GARAGE 14"11"14" W/UD R S R I R R W/UD W/UD WM W/UD 8 " 15"15" 12"12" 8 " 12" 6 " 8 " 6 " 12"12" 12" 12+0011+0010+009+008+00 5 0 + 0 0 6 0 + 0 0 8 9 . 8 6 8 9 . 7 9 9 0 . 2 8 9 0 . 3 0 9 0 . 3 5 9 0. 4 7 9 0 . 4 4 9 0 . 4 2 9 0. 3 4 8 9 . 7 6 8 9 . 8 4 u s e f o r w a l l 8 9 . 8 3 8 9. 7 9 8 9 . 7 5 8 9 . 7 9 8 9 . 8 7 8 9 . 8 3 8 9 . 9 0 9 0. 3 2 t b c 9 0 . 6 4 9 0 . 2 2 3775 Adams Street, Boise, Idaho, 83714 www.achdidaho.org Ada County Highway District Project Number:Project Title: Last Revised Dec. 2012 0 20 40 60 Plan Scale Revisions:Design By:Drawn By:Date:Survey By:Date:Date: 516019 LINDER RD, FRANKLIN RD TO PINE AVE CIVIL SURVEY 05/26/20164/18/2018 4/18/2018 Of 59Sheet M a t c h L i n e S t a . 7 + 5 0 T3N, R1W, Sect. 11 T3N, R1W, Sect. 12 Linder Road M a t c h L i n e S t a . 1 2 + 5 0 1-#6 BARE 2-#8 2" RPC 1-#6 BARE 2-#8 2" RPC SPARE (INSTALL #12 LOCATE WIRE) 12 STAND FIBER 2-2" RPC 49 1-#6 BARE 2-#8 2" RPC BY OTHERS BE REMOVED EXISTING LUMINAIRE TO BY OTHERS BE REMOVED EXISTING LUMINAIRE TO L. Venard L. Venard (City of Meridian) Elev: 2594.19 Top of Foundation Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 9+17.65, 45.25' Lt. (City of Meridian) Elev: 2590.18 Top of Foundation Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 11+05.00, 45.75' Lt. N O T E S Traffic Signal and Illumination System Complete, Item 1131.01.0115 18 Install Traffic Signal Interconnect Conduit (Trench), Item 1131.01.02.A 19 Install Traffic Signal Interconnect Junction Box, Item 1131.01.03 20 Install Traffic Signal Interconnect Cable, Item 1131.01.05 21 Install Street Lighting Conduit, Item 1131.01.07 22 Install Street Lighting Junction Box, Item 1131.01.08 18 20 18 20 19 21 21 21 22 22 APRIL 18, 2018 ORIGINAL SIGNED ON HIGHWAY DISTRICT ADA COUNTY ORIGINAL ON FILE AT Meridian City Council Meeting Agenda November 6, 2019 – Page 384 of 610 5" S I G N 6" 5" 7" 6" 6" 6" 6" 6" S I G N 4 F T C L F 32" W 20" BUILDING 24" 5" 7" 10" 8" 10"14" 9"10" ROCK SIGNS 8" BUILDING W 4" 3" 18" 24" 4FT CLF BUILDING TRANS. W/UD WM WM BO W/UD 12" CMP W/UD 15" 15" 15" 8 " W 8 " 12"12"12" 8 " 12" 12" 12" D R Y 8 " WM WM 17+0016+0015+0014+0013+00 7 1 + 0 0 3775 Adams Street, Boise, Idaho, 83714 www.achdidaho.org Ada County Highway District Project Number:Project Title: Last Revised Dec. 2012 0 20 40 60 Plan Scale Revisions:Design By:Drawn By:Date:Survey By:Date:Date: 516019 LINDER RD, FRANKLIN RD TO PINE AVE CIVIL SURVEY 05/26/20164/18/2018 4/18/2018 Of 59Sheet T3N, R1W, Sect. 11 T3N, R1W, Sect. 12 Linder Road M a t c h L i n e S t a . 1 7 + 5 0 M a t c h L i n e S t a . 1 2 + 5 0 1-#6 BARE 2-#8 2" RPC SPARE (INSTALL #12 LOCATE WIRE) 12 STAND FIBER 2-2" RPC 1-#6 BARE 2-#8 2" RPC 1-#6 BARE 2-#8 2" RPC 50 L. Venard L. Venard (City of Meridian) Elev: 2589.55 Top of Foundation Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 13+58.37, 42.75' Lt. (City of Meridian) Elev: 2588.37 Top of Foundation Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 15+56.41, 42.75' Lt. N O T E S Traffic Signal and Illumination System Complete, Item 1131.01.0115 18 Install Traffic Signal Interconnect Conduit (Trench), Item 1131.01.02.A 19 Install Traffic Signal Interconnect Junction Box, Item 1131.01.03 20 Install Traffic Signal Interconnect Cable, Item 1131.01.05 21 Install Street Lighting Conduit, Item 1131.01.07 22 Install Street Lighting Junction Box, Item 1131.01.08 18 20 21 21 21 22 22 22 APRIL 18, 2018 ORIGINAL SIGNED ON HIGHWAY DISTRICT ADA COUNTY ORIGINAL ON FILE AT Meridian City Council Meeting Agenda November 6, 2019 – Page 385 of 610 B A R B E D W I R E 12" 9" B A R B E D W I R E BARBED WIRE B A R B W I R E 8" 12" 12" 2 4 " C M P 24" CMP 12" RCP 1 2 " R C P 1 2 " R C P 1 2 " R C P W/UD W/UD 3 6 " R C P 36" RCP 15" 1 0 " S T U B 24" STEEL CASING 12" 12" 3775 Adams Street, Boise, Idaho, 83714 www.achdidaho.org Ada County Highway District Project Number:Project Title: Last Revised Dec. 2012 0 20 40 60 Plan Scale Revisions:Design By:Drawn By:Date:Survey By:Date:Date: 516019 LINDER RD, FRANKLIN RD TO PINE AVE CIVIL SURVEY 05/26/20164/18/2018 4/18/2018 Of 59Sheet 22+0021+0020+0019+0018+00 T3N, R1W, Sect. 11 T3N, R1W, Sect. 12 Linder Road M a t c h L i n e S t a . 1 7 + 5 0 SPARE (INSTALL #12 LOCATE WIRE) 12 STAND FIBER 2-2" RPC 51 B I D D I C K S T R E E T L. Venard L. Venard (City of Meridian) Top of Foundation Elev: 2587.51 Arm Length: 12' Mounting Height: 35' Luminaire Pole Sta. 17+51.26, 44.25' Lt. AT PINE AVE TO TRAFFIC SIGNAL CABINET IN EXISTING CONDUIT INSTALL 12 STRAND FIBER TO REMAIN EXISTING LUMINAIRE BY OTHERS TO BE REMOVED EXISTING LUMINAIRE N O T E S Traffic Signal and Illumination System Complete, Item 1131.01.0115 18 Install Traffic Signal Interconnect Conduit (Trench), Item 1131.01.02.A 19 Install Traffic Signal Interconnect Junction Box, Item 1131.01.03 20 Install Traffic Signal Interconnect Cable, Item 1131.01.05 21 Install Street Lighting Conduit, Item 1131.01.07 22 Install Street Lighting Junction Box, Item 1131.01.08 18 20 20 AQUA FIBER PINK FIBER VIOLET FIBER YELLOW FIBER BLACK FIBER RED FIBER WHITE FIBER SLATE FIBER BROWN FIBER GREEN FIBER ORANGE FIBER BLUE FIBER AQUA FIBER PINK FIBER VIOLET FIBER YELLOW FIBER BLACK FIBER RED FIBER WHITE FIBER SLATE FIBER BROWN FIBER GREEN FIBER ORANGE FIBER BLUE FIBER TERMINATION (TYPICAL) FIBER OPTIC CABLE IN CABINET INTERCONNECT PANEL EXISTING 24 POSITION LINDER FROM FRANKLIN & 12-FIBER CABLE AT LINDER AND PINE EXISTING 12-FIBER CABLE CABINET TERMINATION DETAIL NOT TO SCALE APRIL 18, 2018 ORIGINAL SIGNED ON HIGHWAY DISTRICT ADA COUNTY ORIGINAL ON FILE AT Meridian City Council Meeting Agenda November 6, 2019 – Page 386 of 610 C/�S IDIZ IA,--,N DAHO CITY COUNCIL WORK SESSION AGENDA Novembef i 2019 Agenda Item Number: 3 T Item Title: Master Agreement for Professional Services for Park Identities Public Art Roster between Ken McCall and the City of Meridian Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.T. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 0 Title of I tem - M aster Agreement for Professional S ervices: P ark Identities P ublic Art Roster B etween K en M cC all and the C ity of M eridian AT TAC HM E NT S: Description Type Upload D ate Mc Call Master A greement for P rof essional Servces: P ark I dentities Public A rt Roster A greements / C ontracts 10/24/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 387 of 610 MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER This MASTER AGREEMENT FOR PROFESSIONAL SERVICES: PARK IDENTITIES PUBLIC ART ROSTER ("Agreement") is made this�l day of�)QkMWO19 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Ken McCall, on behalf of McCall Studios LLC, a limited liability company organized under the laws of the state of Idaho ("Artist'). WHEREAS, the City desires to consult with artists to develop creative components that will strengthen the identities of City parks; WHEREAS, by and through the Meridian Parks & Recreation Department, Meridian Parks and Recreation Commission, and the Meridian Arts Commission, established a list of artists willing to work with the City to develop interpretations of park identities and create public art projects in local parks on an as -needed basis by issuing a request for qualifications ("RFQ") on June 20, 2019, attached hereto as Exhibit A; and WHEREAS, Artist responded to the RFQ, as attached hereto as Exhibit B, and was found to be qualified through experience and demonstrated ability to create artwork that addresses the context of its placement and reflects community values; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. ACCEPTANCE. City hereby accepts Artist for inclusion on the Park Identities Public Art Roster. The City may invite Artist to provide services including consultation, design, fabrication, and installation, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work. II. SCOPE OF SERVICES. Upon execution of this Agreement and any associated project task order, Artist shall comply in all respects and perform and furnish to City, all services enumerated in this Agreement and the project task order. Artist shall provide services and work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement or the project task order. Services and work provided by Artist shall be performed in a timely manner as specified in the project task order and agreed by the parties. III.TERM. This Agreement shall become effective on the Effective Date first written above, and shall be effective through September 30, 2022 unless sooner terminated by the method set forth herein. IV. COMPENSATION. A. Total amount. The total payment to Artist for specific services provided pursuant to this MASTER PROFESSIONAL SERVICES AGREEMENT- PARK IDENTITIES ROSTER PAGE 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 3 8 9 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 0 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 1 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 2 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 3 o f 6 1 0 not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. 1K. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. L. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. M. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: McCall Studios LLC City Clerk Ken McCall City of Meridian 483 N. Quarry View Place 33 E. Broadway Ave. Boise ID 83712 Meridian ID 83642 Either party may change her/its address for the purpose of this provision by giving written notice of such change in the manner herein provided. N. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. O. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WTfNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST #* /A IJIL— Ken M 'all McCall Studios LLC CITY OF MERIDIAN: Attest: -- T,,unmy de Weerd, Mayor C iris tnson. Cit 'lcrk MA'NI'A 1114ol NWONAU SI:RVI T' q MKIANINr - PARK 1nHl4r11'11-.s R(1%1I:R PA(11; 7 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 5 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 6 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 8 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 3 9 9 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 0 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 1 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 2 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 3 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 4 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 5 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 6 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 8 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 0 9 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 0 o f 6 1 0 EIDIAN,! -- CITY COUNCIL WORK SESSION AGENDA November 0 2019 Agenda Item Number: 3 U Item Title: Oaks Life Station Pump Upgrades Reimbursement Agreement For Infrastructure Enhancement between the West Ada School District and the City of Meridian. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.U. Presenter: Bruce Freckleton Estimated Time f or P resentation: 2 Title of I tem - Oaks L ift S tationP ump Upgrades Reimbursement Agreement for Infrastructure Enhancement between the West Ada S chool D istrict and the City of M eridian WA S D and the C ity are entering into this Reimbursement A greement for I nf rastructure E nhancement (R A E I ) pursuant to Meridian City Code 8-6-5 for improvements that are above and beyond those needed to serve the Owyhee High S chool Development. AT TAC HM E NT S: Description Type Upload D ate O aks L if t S tation P ump Upgrade Reimbursement A greement WA S D A greements / C ontracts 10/25/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 411 of 610 ADA COUNTY RECORDER Phil McGrane 2019-110899 BOISE IDAHO Pgs=13 LISA BATT 11/07/2019 12:32 PM CITY OF MERIDIAN, IDAHO NO FEE This area reserved for Recorder This Agreement made and entered into this 1:t day of_ bey—, 2019, by and between JOINT SCHOOL DISTRICT NO. 2, dba WEST ADA SCHOOL DISTRICT, an Idaho school district and body corporate and politic of the State of Idaho hereafter referred to as "DistrieVI, and the CITY OF MERIDIAN, hereinafter referred to as 44city." WITNESSETH: WHEREAS, pursuant to Meridian City Code 8-6-5, on the 9111 day of February, 2016, a Reimbursement Agreement for Infrastructure Enhancement ("OAKS RAIE") was entered into between the developer of the Oaks North and Oaks South Subdivisions and the CITY OF MERIDIAN, and recorded as Ada County Instrument Number 2016-011639 and was amended on April 2, 2019; and, WHEREAS, pursuant to the OAKS RAIE, a sanitary sewer lift station and other infrastructure containing extra capacity and depth beyond that needed to serve its development has been constructed; and, WHEREAS, the OAKS RAIE established a reimbursement amount per Equivalent Residential Unit CERU") of $230.65 plus and administrative fee of $34.60; and, WHEREAS, City has postponed installation of some improvements in the lift station (pumps and related equipment) that were not initially necessary but are now necessary to provide capacity to serve growth in the SBA; and, WHEREAS, District is the first developer requesting to utilize the excess capacity built into the lift station infrastructure, and District understands and agrees that in addition to the amounts due under the OAKS RAIE, District must install the postponed improvements at District's expense, subject to reimbursement by future developments that will benefit from the pump upgrades; and, OAKS LIFT STATION PUMP UPGRADES REIMBURSEMENT AGREEMENT (RAIE) Page 1 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 3 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 4 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 5 o f 6 1 0 JOINT SCHOOL DISTRICT NO.2 dba WEST ADA SCHOOL DISTRICT By Mary An anells, Superintendent STATE OF IDAHO ) }ss. County of Ada ) On this day of (-x 1c Vii— , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Mary Ann Ranells, on behalf of Joint School District No. 2 in her capacity as Superintendent. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate fuda�MM"U. Ij o X pu u eS 00o• (oMrnISS10N EXPIRES 2-112022 O „ C o, --P*E of VID 0 CITY OF` 11111 ` Tammy e e ayor STATE OF IDAHO ) }ss. County of Ada, ) NOTARY PUBLIC FOR IDAHO Residing at: Commission expires: AT T: Ch is on, City Cle /_}I� `' 2.c)l On this � day of Q0WO- YlbBr 2�9*, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and C rrirJuhumr, known to me to be the Mayor and Eity-2kTk of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. Pv�y-1 ex1n e Llry- et�,l,P � 97TW� � �� 5rl , IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SE]AHARLENE WAY MISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 U-)� NOTARY PUBLIC FOF IDA Residing at:� Qfu �p Commission Expires: 3-a,�-2.oaa OAKS LIFT STATION PUMP UPGRADES REIMBURSEMENT AGREEMENT (RAIE) Page 5 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 8 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 1 9 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 2 0 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 2 1 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 2 2 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 2 3 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 2 4 o f 6 1 0 E IDIAN*,----- DAHO CITY COUNCIL WORK SESSION AGENDA November fo, 2019 Agenda Item Number: 3 V Item Title: Termination and Release of Impact Fee Deferral Agreement Between ACRD, Compass Public Charter School and the City of Meridian Meeting Notes: 7stMl AME. LIP"" After Recording Return To. G�a�mi C-gunni a2m Ad&M-S'S'1=t 'Q4rdmmu'valmoam ADA COUNTY RECORDER Phil McGrane 2019-122358 BOISE IDAHO Pgs=6 HEATHER LUTHER 12/05/2019 03:38 PM ADA COUNTY HIGHWAY DISTRICT NO FEE This Space Reserved for Recording Purposes TERKINATION AND RE LEASE OF INTACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF HAPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT C'Termination") made this &t_ day of WOE" _, 20 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho C'ACHD"); the City of Meridian, an Idaho municipal corporation, 01he Ciw"); and Compass Public Charter School,inc., an Idaho non-profit corporation C'Developer"). A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the 5th, day of December, 2018. B. The ACHD Impact Fee is no longer due and payable as specified in the Impact Fee Assessment and Deferral Agreernentr I C. The patties desire to release and terminate the Impact Fee Assessment andDeferral Agreement. NOW, TfIEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the, receipt and sufficiency of which are hereby acknowledged, Developer, AC HD and the City agree as follows: 1. TERMINATION AND RE' LEASE I. The impact Fee Assessment and Deferral Agreement dated the 5th day of December, 2018, by the parties and recorded the 11"' day of December, 2018, as Instrument No. 2018-116724, records of Ads County, Idaho, encumbering the real property described herein in Exhibit A i'shereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. VIGNA TURE, S ON FOL L 0 W)7VG PA GES TERMINNITON.Ab ND RE LEASE OF IMPACT FEE DEFERRAL AGREEME NT - 1 After Recording Return To: Steven B. Price General Counsel Ada County IIi¢hwav District 3775 Adams Street Garden City, Idaho 83714 This Space Reserved for Recording Purposes TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this lnih day 04V' 2019 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass Public Charter School, Inc., an Idaho non-profit corporation ("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the 5th, day of December, 2018. B. The ACHD Impact Fee is no longer due and payable as specified in the Impact Fee Assessment and Deferral Agreement. C. The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the 5th day of December, 2018, by the parties and recorded the 11th day of December, 2018, as Instrument No. 2018-116724, records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLL0WING PAGES TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 1 CQT_1&V01Dz ACRD ADA CO Y HIGHWAY DISTRICT By Rdbecca W. Arnold, Commission President STATE OF IDAHO ) )ss. County of Ada ) On thisday V. 20 me, a Notary Public, personally appeared , known or proved to me to be the Commission President of the Ada County Highway Distn corporate and politic of the state of Idaho, the person whose name is subscribed to the\abody going instrument, nd acknowledged to me that she executed the same on behalf of said entYi'1o�G� Xe. IN WITNESS WHEREOF, I have hereunto day and year in this certificate first above written. _ Residing at" Comm. Expires and acedAv official seal the J.0 TERMINATION AND RELEASE OF UffACT FEE DEFERRAL AGREEMENT - 2 DEVELOPER Compass Public Charter School, Inc., an Idaho non-profit corporation By V__ No and Varin, President STATE OF IDAHO ) )ss. County of Ada ) �oirr--6toei On this A ( day of 0606 r, 20_, before me, a Notary Public, personally appeared Vari known or proved to me to be the C ka t VV of Compass Public Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above wr' X1111 „ o K W� 1.,� 6yL Fk �'- Not Public ,P NOTARY F� w PUBLIC : Residing at FO(qI-e- I V�.a COt�L n Commission 20180783 # Comm. Expires V S v a a O a q My Commission Expires May 2, 2024 p O F ID %% %% TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 3 CITY CITY OF MERIDIAN Ey. Tammy de Weer , Mayor STATE OF IDAHO ) )ss. County of Ada ) On this Wh day of No\rM 20j3 before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. CHARLENE WAY Notary Public COMMISSION 067390 Residing at `Vy)jj)A&kajU7) Tl� NOTARY PUBLIC STATE OF IDAHO Comm. Expires MY COMMISSION EXPIRES 3/28/22 TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - 4 ('�QrnpcLab EHICiIT „A•® LEGAL DESCRIPTION A parcel of land within the Soubwed Quarter of Section 10, Township 3 North, Range 1 West, Bolas Meridian, Ads County, Idaho, being a portion of the property grand under WARRANTY DEED Instrument Nds. 2017-006807,1140289M, and 9020532 and more particularly descAW as . COMMENCING at the Comer of Sermon 9, 10, 16 & 16 in the Intersection of W. Franklin Road and N. Black Cat Road monumented by a found aluminum cap as shown an Comer Regard Instrument No. 2018-016058, from which the Quarter Corner common to Sections 10 and 16 monumwftd by a found aluminum cap as shown on Corr Record Insftment No. 2018-016067 beers South 89"16`37" East, 2640.62 f Thence ung the line common to said Sections 10 and 15,South 89®15`37" Eas€, 291.09 feet Thence Neth 0034'60" East, 46.76 fed to the northerly right-of-way of W. Franklin Road monumented by a set 5V rebar with plasms cap stamped "FLSI PLS 12464", the POINT OF BEGINNING; Thence North 00034'60" East 810.74 feet to a found bent 1/2" rebar, replaced with a 516" rebar with plastic cap stamped °FLSI PLS12484"; Thence North 59016°44' West, 90.18 int to a set 5/8® rebar with plastic cap stamped "FLSI PLS12464"; Then North D0*38'28" East,116.50 feet tD a found 112" mbar, placed p cap stamped "FLSI PLS 12464", Thomas forth 89°15144" West, 199.87 feat to tine One common to Sections 9 and 10, witnessed by a set 518" rabar with p cap stamped FLSI PLS 12484" bearing South 89015'44" East, 25.00 feet Thence along said One mammon to SeWons 9 and 10, North 00038`57" Enst,113.86 feet, witnessed by a foundl/2" reber, placed plastb cap, tearing South 89°1544° East, 26.0D feet Thence South 89.16'44" EeK 495.53 fed to a point from which a found 112" tuber, placed plate cap, beers North ODOW'41" Eat, 0.571 feet Then parallel with the easterly lin of the Southwe t Quarter of the Southwest Quarter of Section 1 O, South 00'°41" West, 630.88 feet to a set 6/8" rear with plastic cap stamped "FLSI PLS 12454", Thence North 89009'23" West, 102.95 feat to a set SW rebar with plastic cap stamped "FLSI PLS 12464°; Thence paraillel with the early line of the Southwest Quarter of the Southwest Quarter of Stan 10 South 00`38`41" West, 411.41 feet to the northerly right-of-vM of W. Franklin Road monumented by a found aluminum cap; Thence along sold northerly right-of-way, North 82018'35" West 8.17 feet to a found 5/8" rebar, placed plastic cap stamped "FLSI PLS 12484"; Thence continuing along said north ft right-of-way, forth 89"15'37" West, 94.13 feet the POINT OF BEGINNING. Pop 9 or 2 COMMENCING at the Comer of Sectlm 9,10,15 & 16 In the Intersection of W. Franklin Road and N. Blatt Cat Road monumented by a found aluminum, cap as shown on Comer Record Instrument No. 201"16068, from which the Quarter Comer to Sem 10 and 15 monumented by a found aluminum cap as shown on Comer Record Instrument No. 2018-016067 bears South 89°15'37" East, 26413.932 Thence along the One common to said Sections 10 and 15, South 89°15`37° East, 496.25 fid Thence North 00"39'41" East, 37.02 feet to the northerly right -of -Way of W. Franklin Road monumented by a set 6W rebar wltir plasm cap stamped "FLSI PLS 12464®1 Thence parallel to the eastorly line of the Southwest Quarter of the Southwest Quarter of Sermon 10, and along the boundary common to the Parcels described In Warranty teed Instrument No's. 2017- 008W7 and 1144028934, North 00"36'41" Eahst, 575.83 feet to a set 6l8" rebar with plastic cap stamped "FLSI PLS 124454, the POINT OF BEGINNING, Thence continuing along said parallel line and common boundary, North 00"36'4410 East, 475.00 feet to the souftdy boundary of the Pel described In Wamanty Dead Instrument No. 9D206M, from which a ibund 112" rebar, pial plate cep, beam North 00"36'441" East, 0.57 feet Thence along ft boundary common to the Parte described in Warranty Dead Instrument No's. 1144028934 and 9020532, South 89015'44" EaA 205.84 favi to a found 117 rebar, placed plastic cep stamped "FLSI PLS 124W; Thence parallel to the easterly line of Me Southwest Quarter of the Soutt7wet Quarter of Sermon 10, and along the boundary common to the Parcels desorbad In Vhf Deed instrument ent No's. 114028934 and 108011815, South 930136' 441" Fest, 476.0D fit to a so 50 rebar with plastic cep stamped "FLSI PLS 124464 Pop 2 of 2 Exhibit A Legal Description of Property TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT - S Meridian City Council Meeting Agenda November 6, 2019 — Page 447 of 610 After Recording Return Co: Steven B. Price General Counsel Alda County Highway IBlsnict 75 Adams Street rden Qq, Idaho 83714 ADA COUNTY RECORDER Christopher D. Rich 2018-116724 BOISE IDAHO Pgs=18 LISA BATT 12/11/2018 11:50 AM ADA COUNTY HIGHWAY DISTRICT NO FEE This Space Reserved for Recording Purposes IIIACT FEE ASSESSMENT AND DEFERRAL AGREEMENT THIS IMPACT EEE ASSESSIVIENT AND DEFERRAL AGREE ENT ("Agreement") made this 5th day of December, 2018 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass Public Charter School, Inc.,, an Idaho nonprofit corporation ("Developer"). RECITALS WHEREAS, Developer has acquired certain real property more particularly described in Exhibit A, hereto, and generally located east of Black Cat Road and north of ]Franklin Road, City of meridian, Ada County, Idaho (the "Property„); W11EREAS, Developer will in the future make certain applications to the City regarding the development and construction of a multi -story commercial building on the Property (the "Project"); WHEREAS, pursuant to Idaho Code § 67-8204(:1) and Section 7316.1 of ACHD Ordinance 231, the payment of the impact fee required for the development of the Property (the "ACHD Impact Fee") by the Developer to ACHD would normally be due at the time of issuance of a building permit for the Project; WHEREAS, it is the desire of the Developer to defer payment of the ACHD Impact Fee pursuant to the terms of this Agreement; WHEREAS, it is the desire of the City that Developer be able to defer payment of the ACHD Impact Fee for the purposes of encouraging development in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to .ACLU; WHEREAS, ACHD is willing to enter into this Agreement for the purpose of allowing the deferral of payment of the ACHD Impact Fee in consideration of the assurances, covenants, and other agreements provided herein by the City and by Developer; IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - i Meridian City Council Meeting Agenda November 6, 2019 — Page 426 of 610 WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231 authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACRD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 231, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, ACRD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACRD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACRD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231 setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the Building Permit as defined in Section 2 below. 2. Calculation of ACRD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 231 permits ACHD and a "Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of Building Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first building permit necessary to commence construction at the Project (the `Building Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the Building Permit. (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at IMPACT FEC ASSESSMENT AND DEFERRAL AGREEMENT - 2 Meridian City Council Meeting Agenda November 6, 2019 — Page 427 of 610 least thirty (30) days in advance of any request for the final inspection before the issuance of the Certificate of Occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the Building Permit. 3. Collection of ACRD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, or that the ACHD Impact Fee is no longer due and payable, the City: (i) will not issue the Certificate of Occupancy for the Project, (ii) will not provide any utility services for any purposes other than system testing and non- occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. (b) Developer acknowledges and agrees that as a condition precedent to the City issuing the Certificate of Occupancy, that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond July 31, 2019, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACHD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Refund of Payment of Fee. Notwithstanding any other provision of this Agreement, in order to have its building permit released, Developer may pay the ACHD Impact Fee to ACHD. If and when this Agreement is approved and executed, the Developer and ACHD hereto agree that ACHD will refund the ACHD Impact Fee that has been paid without interest on the funds and the deferral process contemplated herein will be implemented. (e) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 3 Meridian City Council Meeting Agenda November 6, 2019 — Page 428 of 610 and then and only then shall the City proceed with the issuance of the Certificate of Occupancy for the Project. The City agrees for the benefit of ACRD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the issuance of the Certificate of Occupancy for the Project until the foregoing condition is met. (f) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the issuance of the Certificate of Occupancy for the Project, deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project, ACRD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACRD Ordinance 231. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the Building Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non- payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein, Developer shall only be entitled to non -monetary remedies, such as specific performance, declaratory relief, and injunctive relief. (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer shall only be entitled to non -monetary remedies, such as specific performance, declaratory relief, and injunctive relief. IMPACT FRG ASSESSMENT AND DEFERRAL ACRE, EMENT - 4 Meridian City Council Meeting Agenda November 6, 2019 — Page 429 of 610 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"). ACHI) and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes, rules and regulations Developer must follow and comply with to obtain any fixture approvals from the City or ACRD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. 8. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole discretion. Without limiting the foregoing, the obligations to ACRD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 5 Meridian City Council Meeting Agenda November 6, 2019 — Page 430 of 610 ACHD has received full payment of the ACRD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each pasty hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) 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. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. (j) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals, payments in 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: ACHD: Ada County Highway District Attn: Gary Inselman 3775 Adams Street Garden City, Idaho 83714-6447 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 6 Meridian City Council Meeting Agenda November 6, 2019 — Page 431 of 610 DEVELOPER: Compass Public Charter School, Inc. Attn: _ C t tgy 2511CW he�i-ry Lane Meridian, Idaho 83642 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 231 may be amended, repealed and superseded at any time. The ACRD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordnance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 el seq. To the extent that references to specific sections incorporated in Ordinance 231 are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACHD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments, certificates, instruments, records, or other documents, assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fit;lly to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year fust above written. Signatures and notary acknowledgments to follow on nextpage IMPACT FEL ASSESSMENT AND DEFERRAL AGREEMENT - 7 Meridian City Council Meeting Agenda November 6, 2019 — Page 432 of 610 ACH ADA COUNTY HIGHWAY DISTRICT Ley. Sara aker, Commission president STATE OF IDAI-10 ) )ss. County of Ada ) O this S`' day of December, 2018, before me, a Notary Public, personally appeared Sara M. Baker, known or proved to ane to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the sane on behalf of said entity. Ilii WITNESS WHEREOF, I have hereunto set zr�y.�iand)and affixed nay official seal the day and year in this certificate first above written. 011®14®81 a 0 A0000$$'q 01' I,e. Sp t Comm. 62051 M 19 Residing at _L -Z Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT e 8 Meridian City Council Meeting Agenda November 6, 2019 — Page 433 of 610 DEVELOPER Compass Public Charter School, Inc., an Idaho non-profit corporation By. ! / �� fit, � ` L L Nor land Varin, President STATE OF IDAHO ) )ss. County of Ada ) On this 01' day of il04,4, 20 1k_, before me, a Notary Public, personally appeared lgotot—f Va✓;h , known or proved to me to be the Pr&svtj&w, of Compass Public Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. "•I•••01 als%,, Q R E. ,0 CNN ;•.....••rope.,• �pTARy°°: -yam, 5 .z: =v:P UBL �•i �j,•.'rym. No. qA Notary Public Jf Residing at ✓YIz,-y'di� ll� /� Comm. Expires _ ►tr{ i/, 2oz:y IMPACT FEE ASSESSMENT AND DEFERRAL ACRE, EMENT - 9 Meridian City Council Meeting Agenda November 6, 2019 — Page 434 of 610 CITY CITY OF MERIDIAN Tammy de d, a STATE OF IDAHO ) )ss. County of Ada ) On this � day of 20 18 , before ine, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. b-w&&u CHARLENE WAY Notary Public COMMISSION #67390 Residing at IM , bhp NOTARY PUBLIC Expires x ires STATE OF IDAHO p 3 'aB -aoa c3 MY COMMISSION EXPIRES 3/28/22 IMPACT riEE ASSPSSMLNT AND DErE1 RRAL AGREEMENT -10 Meridian City Council Meeting Agenda November 6, 2019 — Page 435 of 610 Exhibit A Legal Description of Property [Legal Description to be inserted by Developer or ACRD prior to Recording] IMPACT I!El; ASS)CSSNI)✓NTPIff n��tRS tiQ� Nbtier 13, 2018 — Page 81 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 436 of 610 Exhibit B Form Vermination and Release IMPACT FEE ASSESSMENT en �an Ty�co-Ufici� eet g F PKI NoVemb;r 13, 2018 — Page 82 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 437 of 610 Recording Requested By and When Recorded Return to: Attn: SPACE ABOVE THIS LINE CORRECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination') made this day of , 20 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Compass Public Charter School, Inc., an Idaho non-profit corporation ("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the , day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parities desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERNIINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the day of 20 , by the parties and recorded , 20 , as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENTA p&, Iy E"A1kAV PffA N yr rA§er 13, 2018 — Page 83 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 438 of 610 ACHD ADA COUNTY HIGHWAY DISTRICT Lo STATE OF IDAHO ) )ss. County of Ada ) Sara M. Baker, Commission President On this day of , 20 —'before me, a Notary Public, personally appeared Sara M. Baker, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT IEEE ASSPSSMENl�ANRnl�r�+�Utt #&eAlq ' ' ' IXWemtir 13, 2018 — Page 84 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 439 of 610 DEVELOPER Compass Public Charter School, Inc., an Idaho non-profit corporation By: �2 %%- Nor(hand Varin, President STATE OF IDAHO ) )ss. County of Ada ) On this Gam' day of da✓ew6.- , 2018 , before me, a Notary Public, personally appeared Jelin -'a u"" i" , known or proved to me to be the Pref r'de, f of Compass Public Charter School, Inc., an Idaho non-profit corporation, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 1'11111111/,, 9 ro�•..•••••..•• ,f, Notary Pu is OTARy : = Residing at z= Comm. Expires / 11 '2-.2-y L PUB L1 '•-..1,1,,,1,,,,,. ]IMPACT FEE ASSESSMEN TN imaP & %M%AV0ffMU' WTAbIr 13, 2018 — Page 85 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 440 of 610 CITY CITY OF MERIDIAN LU STATE OF IDAHO ) )ss. County of Ada ) Tammy de Weerd, Mayor On this day of , 20 , before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that lie executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSME, NT ANP D8 % �I'ARK � ''Novert ,13, 2018 — Page 86 of 173 Men ian Meridian City Council Meeting Agenda November 6, 2019 — Page 441 of 610 Exhibit A Legal Description of Property IMPACT FEE ASSESSMGNT&N� DX�') RR�I�'i1 e�if l �i�v_r�l� en ian i y ounc e e er 13, 2018 — Page 87 of 173 Meridian City Council Meeting Agenda November 6, 2019 — Page 442 of 610 rvicnuiaii UILY wuiiUnviee[mg fRJ, z�� a� a� O 0 N 00 T (D N 0) rn U) I ul SDPJ N I 0FFF) I I E099VEM U S I LL i �I 299CCM6 :6S 09t9EEObZ6S EOb9UMUS a c LLE9EEM U S ZZE96ZbS 12 LL 0 9ZE9EE06Z6S N O M 0 69CKCMUS o � � N o � r N M T (D Cf) co M M M (D O O O O bOb9 CMUS N N T N T N T Cf) co T U) Lw�- t T C) o L a �3 N CD N La LL Q.cq o Of rvicnuiaii UILY wuiiUnviee[mg fRJ, z�� a� a� O 0 N 00 T (D N 0) rn U) EIDIAN,*-- DAJ CITY COUNCIL WORK SESSION AGENDA November 0, 2019 Agenda Item Number: 3 W Item Title: Termination and Release of Impact Fee Deferral Agreement Between ACHD, Magellan Building, LLC and the City of Meridian Meeting Notes: �E IDIAN^ - Council Agenda Item - 3.W. Presenter: Bruce Freckleton Estimated Time for Presentation: 2 ITEM SHEET Title of Item - Termination and Release of Impact Fee Deferral Agreement - Magellan Between the ACRD, Magellan Building LLC, and the City of Meridian This release is a required element of the original ACHD Impact Fee Assessment and Deferral Agreement dated the 4th day of April, 2018. ATTACHMENTS: Description Type Upload Date Original I mpact Fee Assessment and Deferral Agreement - Cover Memo 10/22/2019 Magellan Termination and Release of Impact Fee Deferral Cover Memo 10/22/2019 Agreement - Magellan Meridian City Council Meeting Agenda November 6, 2019 — Page 448 of 610 ADA COUNTY RECORDER Phil McGrane 2019-122676 BOISE IDAHO Pgs=5 VICTORIA BAILEY 12/06/2019 11:19 AM ADA COUNTY HIGHWAY DISTRICT NO FEE After Recording 1a ctutra `fo: Steven A. rige- General f_ou nsel Ada County 1116mv District 3775 Adams Street Garden QtZ, 14&ko 83714 This Space Reserved for Recording harposes T R INATION ,AND I LEASE OF IMPACT FEE DEFERRAL AGREE ENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAI, AGREEMENT ("Termination") made this (g'j!j day of Nb _, 20L9 by and between the .oda County Highway District, a body politic and corporate of the state Of Idaho C'ACHD"); the City sof Meridian, an Idaho municipal corporation., ("the City's); and Magellat Building LLC, an Idaho limited liability company C'Devaleper"). IIFCITNLS A, The Developer, ACHD and the CNty have entered into the Impact Fee Assess4rent and Deferral Agreement dated the 4th, day of April 2018. II� The Developer has paid the impact fee as specified in the Impact Fee assessment and Deferral Agreement. C The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set fnrdi herein and rather good and valuable consideration, the receipt and sufficiency of wl-&h are hereby acknowledged, Ddveloper, At: HD and the City agree w, follows. Io TERMINATION ATION AND RELEASE 1 � The Impact Fee Assessment and Deferral Agreement elated the 4th day of April 2018, by the parties and recorded the 4th day of April 2018, as Instrument No. 2018-029801, records of Ada County, Idaho, encumbering the real property described herein in Exhibit J +- is hereby rebased and terminated, 2, This Termination may be executed in +`arae or more counterpams and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral agreement. ,VIGIVA TURES ON r,OL 0111f G PA E" IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 1 After Recording Return To: Steven B. Price General Counsel Ada County Highway District 3775 Adams Street Garden City, Idaho 83714 This Space Reserved for Recording Purposes TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this 6-1f) day o pf�by,, 20LC by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Magellan Building LLC, an Idaho limited liability company ("Developer"). RFC ITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the 4th, day of April 2018. B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parties desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth h.elein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Ddveloper, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the 4th day of April 2018, by the parties and recorded the 4th day of April 2018, as Instrument No. 2018-029801, records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 1 ACHD ADA COUNTY HIGHWAY DISTRICT By ' ebecca W. Arnold, Commission Presi t— STATE OF IDAHO ) )ss. County of Ada ) On this 7 day ofbUth,6 20 /I before me, a Notary Public, personally appeared 8ftm M. Bo' wn or proved to me to be the Commission President of the Ada County HighwayDbody corporate and politic of the state of Idaho, the person whose name is subscribed tregoing instrument, and acknowledged to me that she executed the same on behalf of sai�� r eq r- #10 IN WITNESS WHEREOF, I have hereunt set my han�d!"anded my official seal the day and year in this certificate first above written.o� L. Spy%, CIO) : 'p Comm. 62051t1>60 U ; ivotary r o c Residing ht Comm. Expires LIgus 13,2026 IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 2 DEVELOPER Magellan Building LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation Manager By: Blake R. Alder, President STATE OF IDAHO ) )ss. County of Ada ) On this y day of Ot 'V, 20_, before me, a Notary Public, personally appeared �1 f {�al�y known or proved to me to be the FW51 a4- dFB��gh%rh, M LLC, an Idaho limited liability company, the person whose nam is su 1 scribed to thef reo going instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written Notary Public Em S Residing at STATE OF IDAHO Comm. Expires �S �i72 id IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 3 CITY CITY OF MERIDIAN By: Tammy Vle rd, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this � day of2011 before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ftw� Ono( Notary Public Residing at Comm. Expires' aZQ�`l IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 4 Ma9edlan Exhibit A Legal Description of Property Lots 1, 2 and 3 in Block 3 of TM Crossing Subdivision, according to the official plat thereof, filed in Book 112 of Plats at Pages 16327 through 1663, as amended by that Affidavit of Correction, recorded on December 19, 20017, as Instrument No. 2017-121039, records of Ada County, Idaho. IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 5 After R.ec:oriiing Reiurn 'i'o: Stoven 13. Price <kneral Counsel Ada County Hirbivit • Distrigi, 3775 Adams Street C r en City. Idaho 837.14 ADA COUNTY RECORDER Christopher D. Rich 2018.029801 BOISE IDAHO Pgs=17 BONNIE OBERBILLIG 04/04/2018 02:36 PM ADA COUNTY HIGHWAY DISTRICT NO FEE This Spice Reserved for Recording Plurpost-, IMPACT FEE; ASSESSMENT AND DEFERRAI..:�txli 'I`RIS IMPACT IEEE ASSESSMENT AND I)E FI(R:RAL AGREEMENT "Agri~ei7ient") made this -�L day of ?`' W 2018 by and between the Ada (:ounty HighwayDistrict, to body politic and corporate of the state of Idaho ("ACHD"); the City cif, fvferidian, an Idaho municipal corporation, ("Ibe City"); and Magellan Building I_I,C, an Idaho lin:ii.ted liability company ("Developer"), RECITALS WHEREAS, Developer has acquired certain real. property more particularly described in Exhibit A, hereto, and generally located at 2929 W. 'Navigator Drive, City of Meridian. Ada County, ldalio (the'TroperN".); AVIIEREAS, Developer %vill in the fi.lture snake certain applications to tfie City .red=,irding the development and construction of 'a multi -story co minerc,ial building on the Property (the "Project"); WI.MUR.EAS, pursuant. to Idaho Code § 67-5204(3) and Section 7316.1 of ACf D Ordinance 231, the paymient of the: impact fire required for the development of the Pro.pelly 411.0 ".ACI -1 D Inipact l:.ee") by the .0evdloper to ACED would nonnolly be clue at tlis time of issuance of a bui.ldirig .pe unit f6r the 1.'roject; W)JEREAS; it is the desire of the Developer to defer payment of'the ACHD I.tnpact'l<ee pursuant to the terms of this •Agreement; WHEREAS. it is the desire of the City that Developer be able to defor paytnent of'the A.CHD Impact Pee f -(.)r Clio pur-ftoseti of encouraging development in Meridian and the City is willing to enter into this Agreement to facilitate the deferral of fees by Developer to A.CHD; 'WIIEREAS, ACJiD is-•viiling to enter into chis Agreenient for the purpose of allowing the defi rral of payment of the .ACI.117 Impact Fee in consideration of the assurances, covenants, and other agreements pro-vided herein. by the City and by Developer; fM PACT EE.1- .ASSESS;MI=;.NT AND DEFERRAL ,AGREEil1< NT - I Meridian City Council Meeting Agenda November 6, 2019 — Page 449 of 610 WHEREAS, Idaho Code § 67-8204(3) and Section 7316.1 of ACHD Ordinance 231 authorize ACHD to enter into an agreement to defer payment of fees pursuant to written agreement between the ACHD and a developer as set forth therein; Idaho Code § 67-8204A authorizes the City and ACHD to enter into intergovernmental agreements regarding the collection of impact fees; and Idaho Code § 67-8213 specifies the remedies available to ACHD charging an impact fee where such fee is not paid in accordance with the relevant ordinances; WHEREAS, this Agreement establishes the process for the imposition, calculation and collection of the ACHD Impact Fee required for the development of the Property; WHEREAS, the timing of the imposition, calculation and collection of the ACHD Impact Fee for the Project is related to the timing of the City's action on the necessary development permits for the Project; and WHEREAS, the parties desire to enter into an agreement regarding the imposition, calculation and collection of the ACHD Impact Fee for the Project. AGREEMENT NOW, THEREFORE, pursuant to the legal authority of the Idaho Code and ACHD Ordinance 231, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, ACHD, Developer and the City desire to memorialize their respective agreements and obligations regarding the imposition, calculation and collection of the ACHD Impact Fee and the inspections and issuance of permits for the Project. 1. Imposition of ACHD Impact Fee. Development of the Project will require the payment of the ACHD Impact Fee. ACHD has presently adopted Ordinance 231 setting forth the process, method and amount of the ACHD Impact Fee. The ACHD Impact Fee shall be imposed consistent with the ordinance in effect at the time that the City issues the First TI Permit as defined in Section 2 below. 2. Calculation of ACHD Impact Fee. Pursuant to Section 7304.1 of Ordinance 231, the ACHD Impact Fee is typically collected at the issuance of a building permit, provided, however, that Section 7316.1 of Ordinance 231 permits ACHD and a "Developer" to enter into an agreement regarding the timing of payment of the ACHD Impact Fee. (a) Notification of Issuance of First TI Permit. The City, ACHD and the Developer shall jointly work to coordinate the issuance of permits for the Project. Upon the issuance of the first permit necessary to commence construction of tenant improvements at the Project (the "First TI Permit"), the City and Developer shall notify ACHD and the ACHD Impact Fee shall be calculated as of the date of the issuance of the First TI Permit. IMPACT FEE ASSESSMENWpan'ff EA ii c`i�`�I 4Ri"c, et�i�da �o�iem2ber 6, 2019 — Page 451 of 610 (b) Notification of Inspection for the Issuance of First Certificate of Occupancy. The Developer agrees that it shall notify the City and ACHD in writing at least thirty (30) days in advance of any request for the final inspection before the issuance of the first certificate of occupancy for the Project. (c) Applicable Impact Fee Ordinance. ACHD shall calculate the ACHD Impact Fee based upon the ordinance in effect at the time the City issues the First TI Permit. 3. Collection of ACRD Impact Fee. (a) Deferral of Fee/Enforcement. ACHD agrees that collection of the ACHD Impact Fee will be deferred as set forth herein. If the Developer is in default as set forth in Section 5(a) below, then it shall be subject to all of the remedies set forth therein and elsewhere in this Agreement. In addition, the City agrees for the benefit of ACHD that unless the Developer submits proof that the ACHD Impact Fee has been paid and ACHD confirms in writing that it has been paid, the City: (i) will not issue the First TI Permit for the Project, (ii) will not provide any utility services for any purposes other than system testing and non -occupant use for the Project, and (iii) will exercise all default rights against Developer set forth in Section 5(a) below. Developer acknowledges and agrees that as a condition precedent to the City issuing the First TI Permit that Developer will pay the ACHD Impact Fee for the Project. Notwithstanding the foregoing, and notwithstanding any other provision in this Agreement, the parties agree that the ACHD Impact Fee shall in no event be deferred beyond February 28, 2019, regardless of the status of the Project and/or the status of any permits issued or to be issued by the City. (c) Alternate Financial Guarantee. Alternatively, ACHD and Developer may agree that the payment of the ACHD Impact Fee may be deferred upon Developer providing an alternative financial guarantee to ensure payment of the ACHD Impact Fee, pursuant to a certificate of deposit or a letter of credit acceptable to ACRD. Such alternate financial guarantee shall be in an amount equal to the amount of the impact fee for the Project, pending reconciliation of the ACHD Impact Fee at a date subsequent to the issuance of a certificate of occupancy for the Project by the City. (d) Satisfaction. Upon payment of the ACHD Impact Fee or the provision for an alternate financial guarantee, ACHD shall notify the City of Developer's performance, and then and only then shall the City proceed with the issuance of the First TI Permit for the Project. The City agrees for the benefit of ACHD that the City (including without limitation, the City's employees, officials, agents, and/or contractors) will not proceed with the issuance of the First TI Permit for the Project until the foregoing condition is met. The Developer agrees it will not accept any Tenant Improvement Permits from the City for the Project until the foregoing condition is met. IMPACT FEE ASSESSMENTVdDnFi#yr'ou11t nget�i�dadTVember 6, 2019 — Page 452 of 610 (e) Waiver and Estoppel. Developer hereby waives and estops itself from asserting any claim or property right relating to the issuance of the First TI Permit for the Project, deferral of the payment of the ACHD Impact Fee or default remedies provided herein until ACHD receives full payment of the ACHD Impact Fee or an alternate financial guarantee as contemplated herein. 4. Individual Assessment. Due to the complexity and unique issues presented by the development of the Project, ACHD and Developer acknowledge that Developer retains the right to pursue an individual assessment of the ACHD Impact Fee subsequent to its payment and completion of the Project. Nothing contained herein shall preclude Developer from electing to initiate an individual assessment pursuant to Section 7312 of ACHD Ordinance 231. 5. Default. (a) If Developer defaults in the performance of their obligations under the terms and provisions of the Agreement in the time and manner required, ACHD and/or City may exercise all legal and equitable remedies against such party. In addition (and without limiting the foregoing or otherwise limiting any other rights available by law or in equity), if the ACHD Impact Fee is not paid timely (i) any unpaid amounts shall accrue interest at the legal rate provided for in Idaho Code Section 28-22-104(1), from the date the First TI Permit was originally issued, (ii) ACHD may assess a penalty of $500 per day for non-payment or late payment in accordance with Idaho Code Section 67-8213 in any reasonable amount, (iii) City shall withhold any permits related to the project or other governmental approval until the fee is paid, (iv) City shall refuse and/or suspend all utility services to the Project under its jurisdiction, and (v) in accordance with Idaho Code Section 67-8213(4), ACHD may impose a lien for failure to timely pay following the procedures contained in chapter 5, title 45, Idaho Code. (b) If ACHD defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required herein, Developer shall only be entitled to non -monetary remedies, such as specific performance, declaratory relief, and injunctive relief. (c) If City defaults in the performance of its obligations under the terms and provisions of this Agreement in the time and manner required, ACHD and/or Developer may exercise all legal and equitable remedies against such party. 6. Existing Joint Governmental Entity Agreement. ACHD and City acknowledge they are parties to an existing Impact Fee Collection Agreement (the "Collection Agreement"). ACHD and City agree that the Collection Agreement is not applicable to this Project, and that all rights between them concerning the collection of impact fees for this Project are set forth in this Agreement. IMPACT FEE ASSESSMENUARrUY�M R(AMFNoTem`oer 6, 2019 — Page 453 of 610 7. Acknowledgement. ACHD and City make no representations, warranties or guarantees to Developer regarding the Project. Developer assumes all risks and acknowledges that it is solely responsible for the development of this Project. Developer acknowledges, notwithstanding any other provision of this Agreement, as follows: (i) This Agreement does not affect the rules and regulations that the Developer must comply with in order to implement all governmental approvals; (ii) Any future applications or requests to ACHD and City will be governed by rules and regulations of each of the agencies in effect at the time of such request; (iii) Nothing in this Agreement shall be construed to allow the Developer any waiver or relief from any of the processes, rules and regulations Developer must follow and comply with to obtain any future approvals from the City or ACRD; (v) Nothing herein shall be construed to grant any legal entitlement or vest any property right or other right to the Developer; and (vii) Nothing in this Agreement shall be construed to provide any claim or benefit to a third party. 8. General Provisions. (a) Agreement Addresses Process Only. The parties acknowledge and agree that nothing herein shall be deemed to limit or restrict the deliberation or action taken by ACHD to the extent that it has authority relating to its review and consideration of the permits related to the Project. The parties acknowledge and agree that this Agreement is intended solely to provide for the processes that will be applied to ACHD Impact Fee for the Project. (b) Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is illegal or invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of the Agreement. (c) Attorneys' Fees. Should any action be brought to interpret or enforce any provision hereof, or for damages for breach hereof, the prevailing party shall be entitled to such reasonable attorneys' fees as may be determined by any court of competent jurisdiction wherein such action is brought, including attorneys' fees on any appeal. (d) Assignment/Recording. The rights, benefits or obligations under this Agreement may not be assigned by Developer, in whole or in part, without the prior written consent of both ACHD and the City, which may be withheld in either of their sole discretion. Without limiting the foregoing, the obligations to ACHD or the City contained herein shall run with the land and shall inure to the benefit of and be binding upon the successors and assigns of the parties hereof, until such time as the Project is complete and ACHD has received full payment of the ACHD Impact Fee. A copy of this Agreement shall be recorded in the real property records of Ada County, Idaho. Upon the payment of the ACHD Impact Fee by Developer, this Agreement shall terminate and the parties shall execute the termination and release set forth in the form attached as Exhibit B. (e) Entire Agreement. This Agreement contains the entire Agreement between the parties respecting the matters herein set forth and supersedes all prior IMPACT FEE ASSESSMENT WMUM olv rler 6, 2019 — Page 454 of 610 Agreements between the parties hereto respecting such matter. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by each party hereto. (f) Construction. This Agreement shall be construed in accordance with the laws of the State of Idaho. (g) Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (h) 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. (i) Time of the Essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. (j) Independent Parties. The relationship between the Parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes. In performing any of their obligations hereunder, the Developer is an independent party and shall discharge its contractual obligations at its own risk. The Parties agree that nothing herein contained shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. (k) Notices. All notices, requests, consents, approvals, payments in 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: ACHD: Ada County Highway District Attn: Gary Inselman 3775 Adams Street Garden City, Idaho 83714-6447 DEVELOPER: Magellan Building LLC Attn: Blake R. Alder 12601 W. Explorer Drive, Suite 200 Boise, Idaho 83713 IMPACT FEE ASSESSMENTMA PanIni�tyF�7i ci��ile�t ggaNoVember 6, 2019 - Page 455 of 610 City City of Meridian Attn: City Clerk 33 E Broadway Avenue Meridian, Idaho 83642 Notice shall be deemed given upon actual receipt (or attempted delivery if delivery is refused), if personally delivered or rejected. (1) Amendment to Ordinances. The parties acknowledge that Ordinance 231 may be amended, repealed and superseded at any time. The ACHD Impact Fee shall be imposed, calculated and collected pursuant to any impact fee ordinance subsequently adopted by ACHD in accordance with Idaho Code § 67-8201 et seq. To the extent that references to specific sections incorporated in Ordinance 231 are made herein, those references shall be deemed to refer to the related provisions of any subsequently adopted impact fee ordinance by ACRD. (m) Further Acts. The parties will execute and deliver to the others, from time to time, for no additional consideration and at no additional cost to the requesting party, such further assignments, certificates, instruments, records, or other documents, assurances or things as may be reasonably necessary to give full effect to this Agreement and to allow each party fully to enjoy and exercise the rights accorded and acquired by it under this Agreement. (n) Acknowledgments and Modifications. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by all of the parties. IN WITNESS WHEREOF, the parties have caused this instrument to be executed by its duly authorized officers the day and year first above written. Signatures and notary acknowledgments to follow on next page IMPACT FES ASSESSMENT pAf ff i AMUg%N dTvj ber 6, 2019 — Page 456 of 610 ACRD ADA COUN HIGHWAY DISTRICT By S . Baker, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this day of - r'/ , 20_1_K, before me, a Notary Public, personally appeared Sara M. Baker, known orroved to me to be the Commission President of the Ada County my Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set day and year in this certificate first above written. `••'01. 1RCER '••., S ��4�01% o ary Public V x0 _ Residing at U. "�• 4 Comm. Expires and affixed my official seal the ,i IMPACT FEE ASSESSMENT] "- UnT V&AN,i fivlA9#KR9Wdver§ber 6, 2019 — Page 457 of 610 DEVELOPER Magellan Building LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation Manager By: �A4 Blake R. Alder, President STATE OF IDAHO ) )ss. County of Ada ) On this A9 te' day of �, 201k, before me, a Notary Public, personally appeared �44k, 213,14 . rz„ known or proved to me to be the f �U s�`(�g n -�- of an Idaho limited liability company, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. F- LISA SUMMERS (VOTARY PUBLIC STATE OF IDAHO Notary Public Residing at Y1 Comm. Expires 4 o IMPACT FEE ASSESSMENTMO. MAYFA �MA tidRoJmober 6, 2019 - Page 458 of 610 CITY CITY OF MERIDIAN By. Tammy d eerd, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this e day of 20A, before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,.•E •. Ali etagatu • Notary Public Residing at �D • ��, %oComm. Expires3'o�8.2�aa .��. SAT 01 044440596•9 IMPACT FEE ASSESSMENT AIyD D&FF�RRAIMA�RF�EM NT - m Meridian ity o I ee ing gen a Novem er 6, 2019 — Page 459 of 610 Exhibit A Legal Description of Property Lots 1, 2 and 3 in Block 3 of TM Crossing Subdivision, according to the official plat thereof, filed in Book 112 of Plats at Pages 16327 through 16330, as amended by that Affidavit of Correction recorded on December 19, 2017, as Instrument No. 2017- 121039, records of Ada County Idaho. IMPACT FEE ASSESSMEN1�OYn i TAq ' ' } ''1�TOnUr 6, 2019 - Page 460 of 610 Exhibit B Form Termination and Release IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -12 Meridian City Council Meeting Agenda November 6, 2019 — Page 461 of 610 Recording Requested By and When Recorded Return to: Attn: SPACE ABOVE THIS LME FOR RECORDER'S USE ONLY TERMINATION AND RELEASE OF IMPACT FEE DEFERRAL AGREEMENT THIS TERMINATION AND RELEASE OF IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT ("Termination") made this day of , 20 by and between the Ada County Highway District, a body politic and corporate of the state of Idaho ("ACHD"); the City of Meridian, an Idaho municipal corporation, ("the City"); and Magellan Building LLC, an Idaho limited liability company ("Developer"). RECITALS A. The Developer, ACHD and the City have entered into the Impact Fee Assessment and Deferral Agreement dated the , day of 20 B. The Developer has paid the impact fee as specified in the Impact Fee Assessment and Deferral Agreement. C. The parities desire to release and terminate the Impact Fee Assessment and Deferral Agreement. NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants and agreement set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Developer, ACHD and the City agree as follows: I. TERMINATION AND RELEASE 1. The Impact Fee Assessment and Deferral Agreement dated the day of 20 , by the parties and recorded , 20 , as Instrument No. , records of Ada County, Idaho, encumbering the real property described herein in Exhibit A is hereby released and terminated. 2. This Termination may be executed in one or more counterparts and shall be recorded to evidence the termination of the Impact Fee Assessment and Deferral Agreement. SIGNATURES ON FOLLOWING PAGES IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 13 Meridian City Council Meeting Agenda November 6, 2019 — Page 462 of 610 ACHD ADA COUNTY HIGHWAY DISTRICT Sara M. Baker, Commission President STATE OF IDAHO ) )ss. County of Ada ) On this day of , 20_, before me, a Notary Public, personally appeared Sara M. Baker, known or proved to me to be the Commission President of the Ada County Highway District, a body corporate and politic of the state of Idaho, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that she executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -14 Meridian City Council Meeting Agenda November 6, 2019 — Page 463 of 610 STATE OF IDAHO ) )ss. County of Ada ) On this DEVELOPER Magellan Building LLC, an Idaho limited liability company By: Brighton Corporation, an Idaho Corporation Manager Lm - Blake R. Alder, President day of , 20 —'before me, a Notary Public, personally appeared known or proved to me to be the of LLC, an Idaho limited liability company, the person whose name is sub- scribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -15 Meridian City Council Meeting Agenda November 6, 2019 — Page 464 of 610 CITY CITY OF MERIDIAN Tammy de Weerd, Mayor STATE OF IDAHO ) )ss. County of Ada ) On this day of , 2Q, before me, a Notary Public, personally appeared Tammy de Weerd, known or proved to me to be the Mayor of the City of Meridian, the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same on behalf of said entity. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public Residing at _ Comm. Expires IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT -16 Meridian City Council Meeting Agenda November 6, 2019 — Page 465 of 610 Exhibit A Legal Description of Property IMPACT FEE ASSESSMENT AND DEFERRAL AGREEMENT - 17 Meridian City Council Meeting Agenda November 6, 2019 — Page 466 of 610 EIDIADAHO N,!-- CITY COUNCIL WORK SESSION AGENDA November (o, 2019 Agenda Item Number: 3 X Item Title: Acceptance Agreement for Display of Artwork in Initial Point Gallery for David Dillon and friends. 1. David Dillon 2. Joan Frey 3. Cathy G. Anderson 4. Judy Holsclaw 5. Victoria Mundy 6. Mareth Warren 7. Margaret A. Thomas b. Nancy Inaba 9. lona S. O'Neal 10. Melisa Pearson Meeting Notes:' ;'_.1 I TEM SHEET C ouncil Agenda I tem - 3.X . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Acceptance Agr eement for Display of Artwork in Initial P oint G allery for D avid D illon and F riends AT TAC HM E NT S: Description Type Upload D ate A rtist A greement A greements / C ontracts 10/24/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 472 of 610 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the jpib day of N) OAX60 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and David Dillon, Cathy Anderson, Joni Frey, Judy Holsclaw, Nancy Inaba, Victoria Munday, Zona O'Neal, Milosz Pearson, Margaret Thomas, and Mareth Warren, individual persons ("Artists"). (City and Artists may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artists' artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Artists to establish a display of Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage Artistsic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artists shall personally deliver artwork to Initial Point Gallery, on Friday, December 6, 2019, at such time as is specified by the Gallery Curator. Artists shall be responsible for hanging such artwork on Friday, December 6, 2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from Friday, December 6, 2019 through Friday, January 31, 2020, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on Thursday, January 30, 2020, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artists shall display their artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1 Meridian City Council Meeting Agenda November 6, 2019 – Page 474 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 475 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 476 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 477 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 478 of 610 i Print name Address Signature Print name Address gnature Print name At, Address l �`f(o N (?a /r'sades G� Signature Print name Address CITY OF MERIDIAN: BY: Tammy de eerd, Mayor P5UST 1, 19�3 Attest: (Z-c G�o4 ti�o�r S Tohn5on, CG-� Oer-IC `* S� 5 Z vFN7 ACCEPTANCE AGREEMENT — INITIAL POINT GALLERY DISPLAY PAGE 7 EIDIAN?-- �.J CITY COUNCIL WORK SESSION AGENDA November I , 2019 Agenda Item Number: 3 Y Item Title: Traffic Box Community Artwork Project License Agreement For Anita Lawson Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.Y. Presenter: Estimated Time f or P resentation: 0 Title of I tem - T raffic Box Community Art P roject Artwork License Agreement for Anita L awson AT TAC HM E NT S: Description Type Upload D ate A nita L awson A rtwork L icense A greement A greements / C ontracts 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 480 of 610 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this i day of J , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Anita Lawson, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Birds of a Feather, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT PAGE I Meridian City Council Meeting Agenda November 6, 2019 – Page 482 of 610 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: ita Ldwson CITY OF MERIDIAN: BY: 1�9Attest: Tammy de e d, Mayor ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT PAGE 3 Meridian City Council Meeting Agenda November 6, 2019 – Page 484 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 485 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 486 of 610 EIDIAN,*-- � J CITY COUNCIL WORK SESSION AGENDA November 1, 2019 Agenda Item Number: 3 Z Item Title: Approval of Change Order No. 11 to JC Constructors, Inc. For the WRRF Liquid Stream Capacity Expansion Project for a Not -to -Exceed amount of $441,997.03 Meeting Notes: M", .1. 1 1 I TEM SHEET C ouncil Agenda I tem - 3.Z. Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approval of Change Order No. 11 to J C Constructors, Inc. for the WRRF L iquid Stream C apacity E xpansion P roject for a Not-To-Exceed amount of $441,997.03. AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 10/23/2019 P W Project I nf o Memo Cover Memo 10/23/2019 Contract C hecklist Cover Memo 10/23/2019 Change Order 11 Cover Memo 10/23/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 487 of 610 Page 1 Memo To: Chris Johnson, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby, Dan Berthe Date: 10/23/2019 Re: November 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 6 th City Council Consent Agenda for Council’s consideration. Award of Change Order No. 11 to JC CONSTRUCTORS, INC. for the “WRRF Liquid Stream Capacity Expansion” project for a Not-To-Exceed amount of $441,997.03. Recommended Council Action: Approval of Change Order No. 11 to JC Constructors, Inc. for the Not-To-Exceed amount of $441,997.03 and authorize the Purchasing Manager to sign. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda November 6, 2019 – Page 488 of 610 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 8 9 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 0 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 1 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 2 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 3 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 4 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 5 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 6 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 7 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 8 o f 6 1 0 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 N o v e m b e r 6 , 2 0 1 9 – P a g e 4 9 9 o f 6 1 0 IAN CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN,ID 83642 CHANGE ORDER CHANGE ORDER NO.11 PROJECT NO.10601.D CHANGE ORDER DATE:9t23t2019 EFFECTIVE DATE:9t23t2019 CONTRACTOR JC Constructors lnc. PROJECT: WRRF Liquid Stream Capacity Expansion The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work; (attach additional pages if needed) Please see attached sheet. WHO REQUESTED THE CHANGE E CitY E Contractor WHY IS THE CHANGE NECESSARY Ch*k all that apply E Unforeseen / Hidden Conditions E Scope Change g Other - descibe belowE Error with the Plans and/or Specifications Explanation: This change order includes Change Proposal Requests (CPR) 26,63, 87,92A, 93A, 94, 95A, 96, 97A, 99, 100, 101,1O2,103, 104, 106, 107, 108, and 109. Please see the attached explanation sheet. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply E The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. El Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous E Emergency Work to correct unsafe conditions. E Other - describe below ExplanatiOnl (attached additional pages if needed) See Attached Change Order Summary Page 1 of2 IDAH() Meridian City Council Meeting Agenda November 6, 2019 – Page 500 of 610 CHANGE IN @NTRACT PRICE: Original Contrac{ Prie:$35,565,000.0q CHANGE IN CONTRACT TITIES: days896Odginal Contraci Timeg: Net changes from prwirrs ClrarEB mcrs $1,156,560.46@ No. 1 to No. Net changes furm previous Change Oders (calcnderda:p) No. 1 to No. 10 Nddlie.od..m5mLr 147 days Net lncrcage (deooasef of thls Change Orden $441,997.03 EE abllr lluri d ura cnllroc ordar l{otlncrurce (dccrl.ce} of thlr Ghangs Onbc (cdondrrd.Fl 1@ dayr Total Change (lncrease / decrease) to dde: $1,598,557.49 TotalDays (lncrease /deqeas€) to date: (cahrxlBrday3) 255 days ilew Conhact Tlmc wltfi all Approrrcd Changc Onders: (c.hndrr dtlt) 'l{51 daya New Contract Price wtth 3ll lpprcved Ctrngp Ordens: $37,163,557.49 (City Pudrsshg iran{q} Keith Watts (Contrector)/ul- lo 7,"liA4 RECOMMENDED: (CiUProfr:ctManagcr) *.q lonre nppnoveD BY couNctL (rf ruqulrcd) I INo SIGNATURE REoUIRED loott,oau: 1177/11 By:U i4\- Date lssued: FY Submitted to Clerk br{genda: Order No. Amendment: Approval Avallable (Attach Report) lnformatlon: Budget Page2of 2 TIETHOD OF COST DETERTINANOil ' COST ANALYSIS OR VERIFIGATION: Please see attached sheet. Meridian City Council Meeting Agenda November 6, 2019 – Page 501 of 610 Change Proposal Requests (CPR) and Field Orders CPR #26 - Multi-Parameter Analyzer Analog Signals Description Summary: Work includes the replacement of an ethernet connection multi-parameter analyzer with a 4-20 mA analog signal multi-parameter analyzer. Why is Change Necessary: This change is a Scope Change to the Contract, as the original design included the use of an ethernet connection with a pro-soft converter for the multi-parameter analyzers, but was changed to an analog signalduring shop drawing review. Reason for change: Within the RASMAS Station 2 UV Disinfection area, the multi-parameter analyzers were designed to communicate with the CoM PLCs via an ethernet connection with a pro-soft convertor. Due to the convertors requiring separate set-up and programming, that can be very difficult and costly, Jacobs suggested switching to a hardwired analog signal that would be similar to what is currently existing at the plant, as well as being more cost efficient over the life of the instrument. Cost Negotiation Process: JCC initially submitted CPR 26 to the City PM, City inspector, and B&C for their review and comment. Labor cost breakdowns and material costs were provided to the reviewers. The proposed costs were found to be appropriate for the scope of work. The CPR was recommended by B&C and the costs were approved. Final Cost= DaYs= $6,685.98 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 502 of 610 CPR #63 - ML Collection Ghannel Pipe Supports Description Summary: Work includes the fabrication and installation of seven Mixed Liquor Collection Channel and Aeration Basin Air piping supports. Why is Change Necessary: This change is an Error/Omission and Scope Change. The structuraldrawings included and clearly showed the pipe support details for the aeration basin air piping supports along the east side of the basins, however, the location and number of pipe supports were not clearly shown on the plan view. JCC raised the question and was provided in answer via RFI #209, atwhich point JCC indicated that they did not include these supports within their bid pricing. lf this would have been apparent at time of bidding, the City would have paid for these costs and as such are accepting of paying for the requested change. Reason for change: The air piping supports are necessary to provide the structural support necessary for the air piping located within the Aeration Basins and the Mixed Liquor Collection Channel. The air piping is going over the top of the Aeration Basins to allow for foot and vehicle traffic to occur along the Basin walkways and driveway for necessary maintenance and daily operation duties. Revisions to the structural pipe support detail allowed for the supports to be fabricated out of stainless steel (at or near water surface) and coated carbon steel (above water surface) to minimize the costs of material (versus using all stainless steel). This change also includes adding an epoxy coating to the galvanized bottom 4' of the galvanized pipe bridge structure where it is located at or near the water surface. The addition of four stainless steel backing plates on the pipe supports for the air piping located within the ML collection channelwas also incorporated. These plates add necessary stiffness to the pipe support system, allowing for thermal expansion and contraction in the air piping. These plates were chosen over an anchoring system, which would have required anchoring the pipe supports to the channelwall, opening up the potentialfor leaks to occur in the future. Cost Negotiation Process: JCC submitted CPR 63 to the City PM, City inspector, and B&C for their review and comment. Labor cost breakdowns and material costs were provided to the reviewers. The proposed material costs were found to be consistent and appropriate for the work being requested. The CPR was recommended by B&C and the costs were approved by the CoM. FinalCost= $115,195.52Days= 30 Meridian City Council Meeting Agenda November 6, 2019 – Page 503 of 610 CPR #87 - Conduit for Aeration Basins 9-12 Description Summary: Work includes the procurement and installation of electrical conduit within the future Aeration Basin 9-12 channel walls. Conduits will be located within the walls and walkway of the future channel walls and will be capped and plugged at the end of each wall segment. Why is Change Necessary: This change is a Scope Change/Owner Directed. JCC was asked to initially price allassociated conduit extensions, handholes, and vaults from the new Blower Building to the Future Aeration Basins 9-12. The price came in higher than anticipated, so the City rejected this Change. JCC was asked to modify their pricing to only reflect the installation of conduit within the channel walls. This significantly reduced the cost of the Change and allowed for future electrical installation to be much smoother and avoids having to use a more costly rigid PVC coated galvanized conduit for installation along the exterior basin walls. Reason for change: By adding the additionalelectrical conduit into the future Aeration Basin 9-12 walls, the City is provided a better product as opposed to installing a galvanized coated conduit on the exterior Basin/Channelwalls. The embedded conduit is better protected and better suited considering the off gasing of the process stream. lt was more cost effective to have the conduit embedded now, under the current JCC Contract, versus trying to manage the installation of the conduit in the future. Cost Negotiation Process: JCC initially submitted CPR 60 to the City PM, City inspector, and B&C for their review and comment. This CPR was priced at about $153,000. CPR #60 was rejected and JCC was asked to revise the pricing to reflect only conduit installation. JCC resumbmitted under CPR #87. The pricing came in over $100,000 less than the initial pricing. Backup documentation was provided to the reviewers. The proposed cost was found to be appropriate for the scope of work and materials/equipment being provided, thus being recommended by BC. Challenger's pricing was reflective of the same scope of work they completed for Aeration Basins 5-8, which was going to be mirrored for the scope of work for Aeration Basins 9-12. The CPR cost was approved. FinalGost= $46,452.93Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 504 of 610 CPR #92A - Relocation of 8-inch PW east of 36-inch RAS Description Summary: This change includes the Relocation of the existing 8-inch Potable Water line by installing City Owned 10- inch HDPE pipe approximately 1S-feet east of the newly installed 36-inch RAS line, on the east side of the New Blower Building. Changes also included installation of additional isolation valves, provided by the City, as well as the extension of the designed Reuse Water line south, beyond the concrete pad of the Chemical Feed Building. Why is Change Necessary: This is an Unforseen/Hidden Conditions Change. The Construction plans showed the Existing PW line on the east side of the designed 36-inch RAS line. Upon construction activities in the area, JCC potholed in the area and field verified that the 8-inch PW line, which parallels the 36-inch inch RAS line, was located on the west side of the 36-inch RAS line. Because of the close proximity of the 36-inch RAS line (Non-pot line) and the 8-inch PW line (potable line) the PW line needed to be relocated. Reason for change: Based on the field location verification completed by JCC, the City found that the location of the existing 8- inch PW line, in relation with the location of the 36-inch RAS line, did not meet the necessary vertical and horizontal seperation requirements put in place by DEQ. The City identified that the best course of action was to relocate the existing 8-inch PW to the east side of the 36-inch RAS line, in the originally assumed location (approximately 15 feet away from RAS line location). At this time, the City also identified that the 1O-inch HDPE pipe, on site at the WRRF, could be utilized to help keep materialcost down. Additional isolation valves were installed to provide additional operation flexibility to the system. The additional Reuse Water line to be extended will allow for future tie-ins to this infrastructure to be done in a more cost effective manner, as the need to expose the line under the chemical feed concrete pad will be avoided. Cost Negotiation Process: JCC submitted CPR 92 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The City identified the ability to save on materialcosts by utilizing existing 1O-inch HDPE already on site and owned by the City. The additional isolation valves were also already City owned, offering the additional operaiton flexibility at a reduced cost. The proposed time and costs were reviewed and are considered to be in line with the standard for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalCost= $45,763.61 Meridian City Council Meeting Agenda November 6, 2019 – Page 505 of 610 CPR #93A - Relocate Existing PW line at 66-inch SE Grossing Description Summary: This Change Request is for the relocation (vertically) of the existing 8-inch potable water line at the 66- inch secondary effluent crossing by using four 4S-degree bends. This relocation will provide +18-inches of vertical seperation between the potable water line and the 66-inch secondary effluent line, to meet DEQ requirements and standards. Why is Change Necessary: This is an Unforseen/Hidden Conditions Change. The construction plans had called out the existing 8-inch potable line at an elevation (t.o.p - 2545.3' invert - -2544.63') however, field verification showed that the potable water line was actually at an invert elevation of 2542.9' (t.o.p - -2543.57'). Because of the actual location, it was decided that the more cost effective solution, to avoid the conflict, was to lower the water line to run underneath the 66-inch secondary effluent line. Reason for change: The 66-inch secondary effluent pipe was a fixed elevation pipe due to manhole connection points on the upstream/downstream segments of the pipe. Due to the potable water line being at a lower elevation than initially thought during design, the two lines did not meet the necessary vertical (18-inches) seperation requirements per DEQ. ln order for JCC to move forward with installation of the 66-inch SE pipeline, they needed to lower the 8-inch potable line to run underneath the 66-inch to meet DEQ seperation requirements, as well as provide enough cover over the top of the water line. Cost Negotiation Process: JCC submitted CPR 93 to the City PM, City inspector, and B&C for their review and comment. Material costs were provided and were consistent with previous utility conflict pricing we have seen, from JCC, on the project. The proposed pricing was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalCost= $20,254.24 4 Meridian City Council Meeting Agenda November 6, 2019 – Page 506 of 610 CPR #94 - SSTL Stilling Wellwithin Secondary Scum Pump Station Description Summary: Work includes the fabrication and installation of a 6-inch SSTL stilling well within the Secondary Scum Pump Station. A credit was provided for the PVC materials that were not utilized. Why is Change Necessary This is a Scope change to the Contract. The standard detail for the stilling well did not specify a specific material to be utilized. JCC planned to utilize a Schedule 80 PVC, which was specified for similar instrumentation details on the project. Due to the nature of the scum, B&C recommended the use of Stainless Steel in lieu of the PVC. Reason for change: JCC had initially suggested using a PVC pipe stilling well and mounting the radar level transmitter to the top of the scump pump station vault. BC had concerns with achieving level accuracy with that approach. Also, the structural mounting and durability of that configuration was less than ideal. BC recommended the use of a stainless steel pipe for the stilling well and attaching the radar level transmitter directly to the stilling well. The change in material and change in location of the level transmitter will provide an improved installation. Cost Negotiation Process: JCC submitted CPR 94 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed time and costs were reviewed and are considered to be in line with the standard for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalGost= $4,213.08Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 507 of 610 CPR #95A - 48-inch SE and 36-inch RAS Conflict Description Summary: Work includes the procurement and installation of a 48-inch SRPE vertical bend on the 48-inch secondary effluent line as it was connected to the 144-inch manhole structure east of the RAS Transfer Station and downstream of the new Secondary Clarifiers. Additional work included modifications to the slope of the 48- inch SE line as it was installed towards the manhole structure. Why is Change Necessary: This change falls under the "Other" category for classification of the change. The change request was the result of a pipe conflict, between the 36-inch RAS and 48-inch Secondary Effluent line, that JCC identified during the installation of the 48-inch Secondary Effluent line. The 36-inch RAS line was installed during the summer of 2018 and the 48-inch SE was installed during the Spring of 2019. JCC indicated they had no means (per plans) of identifying they were supposed to install the 36-inch RAS at an elevation that was lower than the 48-inch SE line. Reason for change: JCC installed the 36-inch RAS line (leaving RAS Transfer heading towards the RASM/AS Station 2) in the Summer of 2018. They installed the 48-inch Secondary Effluent line in the Spring ot 2019. JCC identified that they had a elevation conflict between the two lines as they were nearing the proposed location of the 144-inch manhole structure. BC provided point elevations for the 36-inch RAS line showing a flat profile from point 26 (C-100-0021) to the RAS Transfer Station, as wellas a profile showing the RAS line to be installed under the 48-inch SE. JCC argued that they missed the elevation profile, but would have caught the conflict had they been provided point elevations for this crossing, similar in nature to other horizontal/vertical bend locations on the plan sheets. As the 36-inch RAS line was already fully installed, the only identifiable solution was for JCC to install the 48-inch SE at a flatter slope and to install a drop fitting on the 48-inch to avoid the pipe conflcit and continue the tie-in to the 144-inch manhole at the designed elevation. Cost Negotiation Process JCC initially submitted CPR 95 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are consistent with pricing received on this project previously for similar work. A meeting was held between the CoM, BC, and JCC to discuss why the conflict wasnt identified early in the project. JCC commented that had they been provided elevation points, they would have known that a vertical drop would have been required (or an adjustment to the slope of either line). BC commented that the profile sheet took the place of the point elevation needs. The CoM and JC negotiated a reduced price, which is relfected in the CPR 95A on the basis that the fitting and labor associated with the connection of the fitting would be paid for as the CoM would have paid for that type of material/fitting at time of bidding as well as the complexity of this type and size of project JCC reduced the CPR by 50% while also providing air release/relief valves on the 48-inch SE to allow the expelling of air from the line to counter act that high point created with the drop fitting. The City accepted the reduced costs of the change. FinalGost= Days= ${2,350.00 5 Meridian City Council Meeting Agenda November 6, 2019 – Page 508 of 610 CPR #96 - Non Potable Water Gate Valves Description Summary: Work includes the procurement and installation of an additional six, 6-inch and four, 8-inch gate valves on the non-potable system. Why is Change Necessary: This is a Scope Change/Owner Directed Change. During a progress meeting, JC asked about the potential for additional valve installations along the non-pot system. City discussed and agreed that for the cost it would be beneficial to have additional valves on the system. Reason for change: The additionalgate valves were seen as a benefit to the system as they provide additional isolation points on the system allowing for greater operational flexibility with the system as segments may need to be shut down, at various times, for future tie-ins or needs. Cost Negotiation Process: JCC submitted CPR 96 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work and are comparable to prices we have seen on similar work previously done on the project. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalGost= $13,149.27Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 509 of 610 CPR #97A - Secondary Scum Pump Station Modifications Description Summary; Work includes the lowering of the Secondary Scum Pump Station Vault and adding an additional vault riser section. Why is Change Necessary: This work is a Scope Change to the Contract. During the precast submittal review, it was identified that the elevations provided would not allow for proper gravity flow of the scum from the Secondary Clarifiers into the Scump Pump Station Vault. As a result, the vault was lowered to provide the necessary change in elevation to allow scum to gravity flow. ln conjunction with this, grading adjustments were made, requiring additional vault sections to be created to bring the vault to finished grade. Reason for change: Under Work Change Directive No. 5 JCC was instructed to modify the original grading between the Aeration Basins and Blower Buildings, along the Mixed Liquor Collection Channel. Additional grading adjustments were also made around the new Secondary Clarifiers to allow better drainage throughout the area. lt was also noted during construction of the Scum Pump Station that the elevation of the 6-inch scum line, as it leaves the Secondary Clarifiers was at a slightly higher elevation than that of which the line entered the Scump Pump Station. ln order to maintain gravity flow capabilities, the Scum Pump Station Vault was lowered. Due to the grading adjustments and the lowering of the vault, an additinoal riser section was necessary to bring the top of the vault to finished grade elevation, preventing runoff from entering and potentially flooding the vault. Cost Negotiation Process: JCC submitted CPR 97 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. Final Cost= -P-ey-s-=---------- $7,049.93 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 510 of 610 CPR #99 - Non-Potable Waterline Crossing the MLCC Description Summary: Work includes the procurement and installation of 6-inch stainless steel piping across the Mixed Liquor Collection Channel (MLCC) for the non-potable water, in two separate locations. Why is Change Necessary: This work is a Scope Change to the Contract. The design drawings did not specify a specific material for the non-potable water line crossing of the MLCC, so based matching of the upstream piping material (PVC in this application), the change to SSTL is considered a change to the scope. Had the material been included originally in the project bid, the CoM would have paid for this cost increase during that timeframe. Reason for change: Due to the off gasing that could occur from the process water flowing through the MLCC, the durability of utilizing PVC piping comes into question. JCC recommended the change to a SSTL materialto increase the durability of the non-potable piping as it spans across the MLCC. Another factor that the CoM considered was that due in part to the importance of the MLCC process flow, the ability to shut the channel down to maintain the non-pot line, if PVC was utilized, would be extremly difficult and most likely costly (bypass pumping and piping to transport water around the MLCC and into the Secondary Splitter Box), which played an important role in deciding on the change in material. Cost Negotiation Process: JCC submitted CPR 99 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved by the CoM due to the increase in durability of the pipe material, as well as the difficuty in shutting down the MLCC for maintenance purposes. FinalCost= $8,647.11Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 511 of 610 CPR #100 - Waterline Sleeves Description Summary: Work includes the following segments of work: 1. Lowering of the existing 8-inch potable waterline where it crosses the 3, 36-inch ML lines, utilizing four 4S-degree bends. 2. lnstalling the lowered 8-inch PW line within a steel sleeve where it crosses the 3, 36-inch ML lines. 3. lnstallthe 8-inch PW line, where it crosses the 48-inch SE pipe downstream of SC 7, within a steelsleeve. Why is Change Necessary: This work is considered to be Unforseen/Hidden Conditions. JCC has encountered the existing 8-inch PW line on previous work and all stakeholders identified that the 8-inch line was going to be in conflict with new proposed utilities. Due to the depth of the 8-inch PW line being deeper than what was identified during project design, it has been in conflict throughout the project. Reason for change: As JCC has encountered the 8-inch PW line on previous conflicts that have been unforseen, CoM and B&C evaluated the idea of lowering the three 36-inch ML lines and leave the 8-inch line at existing depth, but this would create additional conflicts with the 36-inch RAS lines that were previously installed in the Summer of 2018 (line running from the RAS Transfer Station to RASMAS Station 2), as well as fittings for the 36-inch lines being substantially higher, in price, than 8-inch fittings. Due to this, it was determined that the lowering of the 8-inch PW was the best option to avoid the conflicts with the new pipe. The steel sleeves are required to be installed on any PW lines, per CoM Standards, when appropriate separation between water class and non-water class pipe is less than 18-inches. (Standard Details SW1 and SW2 and Meridian Supplemental Spec Section 310) Cost Negotiation Process: JCC submitted CPR 100 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved by the CoM on the basis of the lowering of the 8-inch PW line being more economical to the lowering of the 36- inch ML lines. FinalGost= $28,485.05Davs= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 512 of 610 CPR #10{ - 144-inch Manhole Future Bulkhead Frame Description Summary: Work includes the procurement and installation of Stainless Steel angle bar within the newly constructed 144-inch Manhole. Why is Change Necessary: This work is a Scope Change to the Contract. This work was considered after project construction began and is added work to the Contractor's Scope. Reason for Change: The 144-inch manhole, under the current plan, will receive secondary effluent flow from Secondary Clarifier #6 and #7 and will flow east towards the Secondary Effluent Box, where it will converge with Secondary Effluent flows from Secondary Clarifier #5. The '144-inch manhole also has a stub of 66-in Secondary Effluent pipe that leads to the west, which will receive flows from Future Secondary Clarifiers. This Change Request includes the installation of a Stainless Steel bulkhead which will allow tie-ins to this existing 66-inch SE stub, in the future, without the need to shut down Secondary Clarifier #6 and #7 for the tie-in. Cost Negotiation Process: JCC submitted CPR 101 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work and is comparable to work, of similar nature, already conducted on the project. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalCost= Days= $4,850.21 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 513 of 610 CPR #102 - RAS/WAS 6-inch Air Connection Description Summary: Work includes the procurement of materials and connection to the existing air pipe stub out on the northeast corner of the existing blower building with 6-inch stainless steel piping. This air pipe is the air supply for the classifying selector of the new RASMAS Station 2. Why is Change Necessary: This work is a Scope Change to the Contract. This proposed change is a modification to the original design, which had the Contractor tying into the main aeration pipe header feeding Aeration Basins (ABs) 1- 4. The modifications require additionalwork beyond the original Scope. Reason for Change: During design of the project, the RASMAS Station 2 Classifying Selector air supply was planned to tie directly into the main air feed header for ABs 14 as this connection location would not interfere with the replacement of the existing Blower Building under a future retrofit project for ABs 1-4. Discussions with JCC, in regards to the duration of the tie-in, occurred during progress meetings, in which JCC identified an approximate window of 4-8 hours. This time frame would have an impact on the operations of the plant, as there would be a lack of air supply to ABs 1-4 for this time frame. BC looked into options for alternate connection locations and determined a connection could be made on the NE corner of the existing Blower Building at an isolation valve. This location would not have any impact on the air supply to ABs 1-4, thus making it an ideal solution. Cost Negotiation Process: JCC submitted CPR 102to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalCost= $31,714.45 Days= 25 Meridian City Council Meeting Agenda November 6, 2019 – Page 514 of 610 CPR #103 - Unsuitable Material Removal Description Summary: Work includes the removal of saturated lean clay material and construction debris from the bottom of the 3-36-inch Mixed Liquor line trench excavation to competent native materials as directed by MTl. Why is Change Necessary: This work is an Unforseen/Hidden Condition. Excavation in this area had not previously been conducted and the Contractor did not have any way of knowing or the ability to avoid these unsuitable materials due to the necessary location of the ML lines. Reason for Change: The Contractor encountered the unsuitable materials and immediately notifed the City lnspector and PM identifying the issue at hand and inquiring about the ability to reach out to MTI (City materials inspection consultant) to get them onsite to inspect the materials and provide a solution to the issue. MTI provided the City with a written report that indicated the materials were a saturated lean clay and were not suitable for bedding and backfilling material. JCC brought in suitable native material from the site to utilize as the backfill. Based on the specification requirements when dealing with unsuitable materials (1. Notify City ;2 Obtain recommendation for the dealing with unsuitable material ; 3. prepare price based on recommendation; 4. implement fix) the CoM feels JCC followed the proper procedures for this change. Cost Negotiation Process: JCC submitted CPR 103 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved.FinalCost= $5,0#.38Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 515 of 610 CPR #104 - RAS/WAS Slylight Upsizing Description Summary: Work includes the upsizing of the opening and skylights, located within the RAS pump room of the RASM/AS Station 2, from a 4'x4'to a 5'x5' clear opening. The deletion of the east-west structural steel (spanned between the roof girders) as there is not sufficient room when the opening is increased by 1' square. Why is Change Necessary: This work is an Error/Omission. The base plate on the RAS pumps would not fit through the deisgned 4'x4' opening and as such, the openings needed to be resized to allow the pumps to be dropped into the building. Brown and Caldwell will be reimbursing the City for the cost of the change. Reason for Change: The manufacturer data that was received, by B&C for the RAS pumps during design, indicated that a 4'x4' opening would be sufficient for the skylights, which was subsequently shown on the drawings. During the submittal phase, the larger RAS pump submittal included a 52"x52" pump base plate, which is larger than the designed 4'x4'opening. Approximately 3 months after the RAS pump submittal was reviewed, JCC submitted the skylights shop drawings based on the design drawings al4'x4'. Neither BC or JCC recognized the size increase associated with the RAS Pump submittal, allowing JCC to order the 4'x4' skylights and have them delievered to the site. The undersized opening was not realized until after the roof framing for the RAS Pump room was complete. Re-work (cutting of easUwest girders and cutting 1' square opening in skylight opening) associated with the roof framing modifications and ordering of new skylights was necessary because the skylight manufacturer would not re-stock the original skylights. BC is reimbursing the City for the cost of this change. Cost Negotiation Process: JCC submitted CPR '104 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work and is comparable to work, of similar nature, already conducted on the project. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved by the CoM. FinalCost= $15,752.139qys= o Meridian City Council Meeting Agenda November 6, 2019 – Page 516 of 610 CPR #106 - Chemical Piping Reroute Around Retaining Wall Description Summary: Work includes the reroute of the chemical pipe from the chemical building to the south end of the retaining wall (between new Aeration Basins and new blower and chemical feed buildings) then west to the aeration basins. Why is Change Necessary: This work is a Scope Change to the Contract. This work was considered after project construction began and is added work to the Contractor's Scope. The work associated with this CPR is a reroute to the originally designed chemical piping in the area. Reason for Change: The lnitial design layout had the chemical piping leaving the chem feed building, heading straight west towards the east wall of the Mixed Liquor Collection Channel and then running north along the east face. The design intended for the routing to travel at a sufficient depth for cover, as well as providing enough cover underneath the transformer bank, providing power to the blower building. JC had installed the chemical lines per plan and after seeing the lines installed in the field, but prior to pressure testing, it made more sense to change the routing due to the close proximity to the transformers. lf there was ever an issue with the carrier or casing pipe (double contianment system) it would be extremly difficult to repair as the lines were directly under the 3 transformers. ln discussing with JC, it made sense to reroute the piping, which allowed for them to clear the area and allow Challenger to complete their conduit installation without hindering the construction schedule significantly. Cost Negotiation Process: Discussions occured in the field between JCC and the City, identifying the most efficient and cost effective solution. An estimated price was provided, by JCC, which was in line with what the expectations were for the associated work, as well as what we have seen on the project previously. JCC submitted CPR 106 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The CPR pricing came in under the intially discussed, estimated, price. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalGost= $4,509.26Days= 10 Meridian City Council Meeting Agenda November 6, 2019 – Page 517 of 610 CPR #107 - Knife Gate Valve Goating and SSTL Bearings Description Summary: Work includes the coating of the knife gate valve pedestal supports to meet the specification requirements found in Section 9 90 00 - Painting and Coating. Work also includes the installation of SSTL bearings on the top and bottom of the yoke to allow the stem on the top and the brass on the bottom to operate the valve as necessary. Why is Change Necessary: This work is a Scope Change to the Contract. The manufacturer did not include the requested changes of the CPR, in the intial CPR (CPR #59) that incorporated the knife gate valve stem extensions into the project. The UV coating and SSTL bearings are required for the operation of the equipment as well as for meeting the Contract Specification requirements. Reason for Change: The knife gate stem extensions were initially provided and paid for under CPR #59. The manufacturer failed to include the appropriate coating as required per the Contract Specifications. ln order to have a coating system that provided UV protection for the equipment found above the water surface, the stem extensions were sent back to the manufacturer for them to recoat with the correct coating. JCC identifed that this error was caused by the manufacturer and as such is only passing through a portion of the full cost associated with the correct coating. The supplier and JCC are incurring the remaining costs. Had the correct coating been applied to the initial CPR (CPR #59) the CoM would have paid for those costs at that time. The required bearings, for complete operation of the equipment, were not initially provided within the costs associated wuth CPR #59, but are necessary for operation. Had the bearings been included intially, the CoM would have approved payment for the bearings under CPR #59. The costs the CoM has agreed to, under this CPR, are for the SSTL bearing material. Cost Negotiation Process: JCC submitted CPR 107 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved. FinalCost= $14,352.96Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 518 of 610 CPR #108 - RAS/WAS Station 2 Existing Switchgear Description Summary: Work includes the Demo of the existing switchgear pad (south of Centrifuge Building), while protecting the existing 480v wire and existing 12.47kv circuit and raceways feeding the existing transformer. Provide a new pre-cast gear pad, remove existing terminating switchgear and installing the new transformer on new gear pad. lnstallation of new underground power to provide adequate wire length from existing overhead pole to new transformer. Set up of City owned spare Transformer and wiring to provide temporary power service to Centrifuge building while Change Request work is completed (requires a two week shutdown for new equipment switchover). Why is Change Necessary: This work is a Scope Change to the Contract. The existing switchgear pad was thicker (+24-inches) than originally anticipated, requiring Challenger to identify alternative solutions on providing a termination point for the new power from RASMAS 2 and the existing Centrifuge Building. Reason for Change: The existing switchgear and existing transformer were to be removed, under the Contract, and replaced with a new transformer and terminating box to handle the new power feeds coming from the RASA//AS Station 2, all while protecting and utilizing the power feeds from the existing overhead pole and the Centrifuge Building. The original design plan called for Challenger to undermine the existing switchgear pad and daylight the new power conduits and conductor through the pad and then set a new terminating box. As the existing gear pad was thicker than anticipated, the ability to undermine and daylight the conduit became extremly difficult. Alternative solutions were identified under RFI #412, however this proposed change became the most cost effective and efficient alternative. Challenger was informed that power needed to remain to the Centrifuge Building during the proposed change and subsequent electrical cutover. By utilizing a CoM spare Transformer, Challenger was able to provide temporary power to the Centrifuge Building without any impact to the daily operational needs. Cost Negotiation Process: JCC submitted CPR 108A to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work and is comparable to work, of similar nature, already conducted on the project. The CoM discussed alternative options, but the proposed was the most cost effective and efficient, allowing JCC and their Subs to continue towards Commissioning. The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved.FinalCost= $50,843.99 -P-?v-s-:----- ------l!-. Meridian City Council Meeting Agenda November 6, 2019 – Page 519 of 610 CPR #109 - Davit Crane Handrail Opening Description Summary: Work includes the installation of chain within openings in the handrail at each of the eight mixer locations located in the Mixed Liquor Distribution Channel (MLDC). Why is Change Necessary: This work is under the "Other" category as a change to the Contract. During the bidding process, the Mixer manufacturer included the davit crane bases as part of their package. The crane bases were not initially designed into the project as the mixers were intended to be pulled using CoM equipment. The davit cranes will be a benefit as they will allow easier access to the mixers for Maintenance staff. As the distribution channelwalls need to house overhead lights, electrical panels, and the handrail, the openings for access to the cranes is crucial and in order to provide necessary safety requirements, the chains were identified as a cost effective solution to allow easy access to the crane bases, as well as providing security from an Operator or Mechanic from falling into the basins. Reason for Change: The Davit Cranes will be utilized to lift the mixers out of the MLDC and brought to the top of the grating to allow for any maintenance repairs or replacement needs. Without the opening in the handrail, the davit cranes would not be able to be set in their bases (which are bolted to the distribution channel walls) and then would be unable to be operated to lift the mixers out of the channel. The CoM had safety concerns with leaving the gap within the handrail opening. JCC proposed the installation of horizontalchains that lock to the handrail, creating a safer work environment, while still allowing the full operation of the Davit Cranes. Cost Negotiation Process: JCC submitted CPR 109 to the City PM, City inspector, and B&C for their review and comment. Breakdowns of labor costs, as well as material costs were provided. The proposed labor and material costs were reviewed and are considered to be appropriate for this type of work The proposed cost was found to be appropriate and was recommended for approval by BC. The CPR cost was approved.FinalCost= $6,682.93Days= 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 520 of 610 co #1 CPR #2 CPR #3 CPR #4 CPR #5 CPR #6 cPR #1 1 cPR #13 cPR #16 Cost $2,787.01 $3,958.16 $0.00 $967.50 $3,1 02.90 -$58,290.00 -$7s0.00 $5,759.39 Days Dewatering Pipe Damage-Flood Chemical Building Roof Drain Lighting Change Vehicle Grounding 350 HP Aeration Blower Conduit 66" Dia. Pipe Material Credit AFFF Concentrate Line Material Screen to separate >3" cobble Eliminate Sub-Slab Waterproofing or Vapor Barrier / Dampproofing Water Bearing Tanks Discharge Elevation of Blower Building Drain Line Cap and Bulkhead for 66" SE Pipe for Future Tertiary Project Weather Delay Total=-$42,46s.04 Cost -$68,860.58 $0.00 $7,393.81 $0.00 Days 0 36 co#2 CPR #7 CPR #9 cPR#27 cPR #19 co #3 CPR #8 CPR #1OA CPR #12A cPR#24 cPR #28 Total= -$61,466.77 36 AMS Fire Alarm Panel Gas Detector Galvanizing Screening Additional Week RASM/AS Duct Bank Contaminated Soil Value Engineering Secondary Clarilier #7 Dewatering and SG Repair Cost $17,281 .30 $47,822.97 $9,706.79 $16,824.36 $2,879.1s Days 7 10 3 co #4 CPR #29A cPR #37 cPR #38 cPR #41C Total= CO Total Cost= Total= CO Total Cost= Total= CO Total Cost= Total= CO Total Cost= $94,514.57 20 -$9,417.24 Cost $55,384.97 $22,923.13 -$83,600.00 $28,777.65 Days co #5 cPR #17 cPR #21 cPR#22 CPR#4.2 cPR #50 cPR #52 Primary Sludge Hatch Roof Curbs Chemical Building Float Switches BlowerVFDs RAS Transfer Subgrade Repair Drain Pump Guide Rail Assembly Rotameter Upgrade to Existing Non-Potable Water Lines SC7 Subgrade Delay Chemical Building Vapor Barrier Secondary Clarifier 6 Subgrade Repair RAS Transfer Station CMU Height $23,485.75 0 $14,068.51 Cost $3,s78.46 $889.25 $27,107.94 $7,577.84 $1 1 ,010.80 $7,542.74 Days $57,707.03 $71,775.s4 Cost $31,128.22 $12,726.31 $0.00 $13,446.38 $6,010.20 0 co #6 cPR #14 CPR #43E cPR #45 cPR #56 cPR #57 Days $63,311 .11 $135,086.65 0 Meridian City Council Meeting Agenda November 6, 2019 – Page 521 of 610 co#7 cPR #30 cPR #46 cPR #58 co #8 cPR #48 cPR #61 cPR #62 cPR #68 cPR #70 Cost $57,432.35 $22,684.96 $420,000.00 Days 66-inch SE Modifications DO Probe/Transmitter lnstalltion within Aeration Basins #6 and #8 Primary Power lmprovements Chemical Building - Fire Sprinkler Coating Chemical Metering Pumps VFD Panels Secondary Splitter Box Coarse Bubble Diffuser 20-inch ML Pipe Materials Stainless Steel Methanol Tank Overflow Modifications Retaining Wall Changes Convenience Outlets Knife Gate Stem and Gear Box Extension PSPS Electrical Elevation Modifications Blower Building Electrical Elevation Modifications RAS Transfer Electrical Elevation Modifi cations Coarse Bubble Diffuser in AB 9-12 (Droplegs) Electrical Support Racks Secondary Clarifier Weir Wash Pumps Blower Building - Electrical Room Double Door Modifications RAS Transfer HDPE Manifold Modificaitons RASMAS HDPE Manifold Modifications AMS Location and Electrical Wire Length WAS Floor Gate Pipe Modifications TSS Probe Style Modifications Blower Building - NW Drainage Modifications Axial Pump VFD Credit IMLR Pump Rail Support Mixer Support RASMAS Station 2 - Concrete Modifications Additional Conduit to Blower and Chem Feed Buildings 36-inch RAS/Existing water Conflict near Blower Building Multi Parameter Analyzer Analog Signals ML Collection Channel Pipe Support Conduit for AB 9-12 Relocate 8-inch PW East of 36-inch RAS Relocate Existing PW at 66-inch Crossing (Sta 3+50 66-inch SE) SSTL Stilling Well - Sec. Scum Pump Station 48-inch SE and 36-inch RAS Conflict NPW Gate Valves Secondary Scum PS Modifications Non-Pot Waterline crossing ML Collection Channel 21 Total CO Total Cost = Total Overall CO Total Cost = Total Overall CO Total Cost = Total Overall CO Total Cost = $500,117.31 21 $635,203.96 Cost $s,493.79 $27,433.36 $17.748.17 $s0,8s6.04 $4,040.97 Days $10s,572.33 $740,776.29 0 Days 60 co #9 CPR #25B cPR #54 CPR #59A cPR #64 cPR #65 cPR #66 cPR #69 cPR #71 cPR#72 cPR #73 cPR #76 cPR #80 co #10 cPR #47 cPR #77 cPR #78 cPR #82 cPR #83 cPR #84 cPR #85 cPR #86 cPR #89 cPR #90 co #11 cPR #26 cPR #63 cPR #87 cPR #92 cPR #93 cPR #94 cPR #95 cPR #96 CPR #97 cPR #99 Gost $99,955.50 $13,376.99 $66,s76.79 $7,494.27 $36,604.84 $13,809.89 $23,592.92 $15,398.09 $3,711.39 $4,201.77 $12,462.O4 $29,953.42 $327,137.g',i.60 $1,067,914.20 Cost $22,383.40 $6,165.71 $4,342.21 $14,633.38 -$21,491.42 $7,067.68 $7,414.50 $17,597.40 $7,182.46 $23,350.94 Days 10 $88,646.26 10 $1,156,560.46 Cost $6,685.98 $1 1 5,1 95.s2 $46,452.93 $45,763.61 $20,254.24 $4,213.08 $12,350.00 $13,149.27 $7,049.93 $8,647.11 Days 30 20 4 5 Meridian City Council Meeting Agenda November 6, 2019 – Page 522 of 610 cPR #100 cPR #101 cPR #102 cPR #'t03 cPR #104 cPR #106 cPR #107 cPR #108 cPR #109 Waterline Sleeves 144-inch Manhole Future Bulkhead Frame RASM/AS 6-inch Air Connection Unsuitable Material Removal RASM/AS Skylight Upsizing Chemical Piping Reroute Around Retaining Wall Knife Gate Valve Coating and SSTL Bearings RASMAS Existing Switchgear Davit Crane Handrail Opening $28,48s.05 $4,850.21 $31,714.45 $5,044.38 $15,752.13 $4,509.26 $14,352.96 $50,843.99 $6,682.93 25 10 't4 Total Overall CO Total Cost = $441,997.03 $1,598,557.49 108 Meridian City Council Meeting Agenda November 6, 2019 – Page 523 of 610 EIDIAN+�- �J CITY COUNCIL WORK SESSION AGENDA November (o 2019 Agenda Item Number: 3 AA Item Title: Resolution No. 19-2170 A Resolution Vacating a 20' x 20' Existing Water and Sewer Easement Located Near the NE Corner of Lot 7, Block 2 and the NW Corner of Lot 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho Located in the NW 1/4 of the NE 1/4 of Section 20, Township 3 North, Ranee 1 East, Boise Meridian, Meridian, Ada County, Idaho. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A A . Presenter: Chris J ohnson Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 19-2170: A Resolution Vacating a 20’ x 20’ E xisting Water and Sewer Easement L ocated Near the NE C orner of L ot 7, Block 2 and the NW C orner of L ot 8, B lock 2 of Gramercy Subdivision No. 1 as filed in B ook 99 Of P lats At P ages 12,619 T hrough 12,622, Records Of Ada C ounty, Idaho L ocated in the NW ¼ of the NE ¼ of S ection 20, Township 3 North, Range 1 E ast, B oise M eridian, M eridian, Ada County, Idaho. R esolution vacating water and sewer easement for Gem Prep AT TAC HM E NT S: Description Type Upload D ate G em P rep Vacation Reso Resolution 10/23/2019 G em P rep Vacation - Exhibit A E xhibit 10/23/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 524 of 610 ADA COUNTY RECORDER Phil McGrane 2019-110908 BOISE IDAHO Pgs=4 LISA BATT 11/07/2019 12:43 PM CITY OF MERIDIAN, IDAHO NO FEE CITY OF MERIDIAN RESOLUTION NO. 19-2170 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING A 20' x 20' EXISTING WATER AND SEWER EASEMENT LOCATED NEAR THE NORTHEAST CORNER OF LOT 7, BLOCK 2 AND THE NORTHWEST CORNER OF LOT 8, BLOCK 2 OF GRAMERCY SUBDIVISION NO. 1 AS FILED IN BOOK 99 OF PLATS AT PAGES 12,619 AND 12,622 , RECORDS OF ADA COUNTY, IDAHO LOCATED IN THE NW 1/40F THE NE 1/40F SECTION 20, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on October 22, 2019 the City Council of the City of Meridian, held a hearing on the vacation of the as shown in the attached Exhibit "A"; and WHEREAS, the subject property is located in the NW 1/4 of the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a 20' x 20' existing water and sewer easement located near the Northeast Corner of Lot 7, Block 2 and the Northwest Corner of Lot 8, Block 2 of Gramercy Subdivision No. 1 as filed in Book 99 Of Plats At Pages 12,619 Through 12,622, Records Of Ada County, Idaho Located in the NW 1/4 of the NE 1/4 of Section 20, Township 3 North, Range 1 East, Boise Meridian, Meridian, Ada County, Idaho is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. PASSED by the City Council of the City of Meridian Idaho, this 14-6 (g: day of November, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this CDS day of November, 2019. ATTEST: im Mayor Tammy de Weerd Gem Prep Meridian — Vacation — H-2019-0100 ohnson, City Clerk Meridian City Council Meeting Agenda November 6, 2019 – Page 526 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 527 of 610 Meridian City Council Meeting Agenda November 6, 2019 – Page 528 of 610 EIDIANDAHO ,+ -- CITY COUNCIL WORK SESSION AGENDA November 0, 2019 Agenda Item Number: 3 AB Item Title: Resolution No. 19-2171 A Resolution updated the City of Meridian Public Meeting Space Reservation Policy and Regulations Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Resolution 19-2171: A Resolution Updating the City of M eridian Public M eeting Space Reservation P olicy and Regulations; And Providing An Effective Date. AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 10/29/2019 A ttachment A B ackup Material 10/29/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 529 of 610 CITY OF MERIDIAN RESOLUTION NO. 19-2171 BY THE CITY COUNCIL: BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS, BERNT A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN UPDATING THE CITY OF MERIDIAN PUBLIC MEETING SPACE RESERVATION POLICY AND REGULATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 19, 2014, the Mayor and City Council approved Resolution 14-1005 authorizing that City Hall public meeting rooms, designated as Rooms "A" and `B", are available for reservation by the public; and WHEREAS, the Mayor and City Council approved the City of Meridian Public Meeting Space Reservation Policy and Regulations, described as "Attachment A" to Resolution 14-1005; and WHEREAS, from time to time it is necessary to update policies to remain current; and WHEREAS, the Mayor and City Council have reviewed the updated City of Meridian Public Meeting Space Reservation Policy and Regulations, attached hereto as "Attachment A"; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That this Resolution and the updated City of Meridian Public Meeting Space Reservation Policy and Regulations, attached hereto as "Attachment A", shall be in full force and effect immediately upon its adoption and approval. Section 2. That the City Clerk shall take all necessary steps to implement the updated policy, attached hereto as "Attachment A", upon its adoption and approval. Adopted by the City Council of the City of Meridian, Idaho, this (d—day of November, 2019. Approved by the Mayor of the City of Meridian, Idaho, this t day of November, 2019. APPROVED: Mayor T my e Weerd ATTEST: By: Chri Jo , City Cle RESOLUTION UPDATING TIIECR YOFAEMLAN PUBLIC NIEEMG SPACE RESERVATION POLICY AND REGULATIONS -PAGE 1 OF RESOLUTION UPDATING THE CITY OF MERIDIAN PUBLIC MEETING SPACE RESERVATION POLICY AND REGULATIONS – PAGE 2 OF 4 Attachment “A” City of Meridian Public Meeting Space Reservation Policy and Regulations 33 East Broadway • Meridian, ID 83642 • (208) 888-4433 www.meridiancity.org The City of Meridian will make meeting space in City Hall available for public use, subject to compliance with the following policy and regulations: CONTACT • Meeting rooms and spaces are available on a first come/first serve basis for public use in the Meridian City Hall (33 East Broadway) Monday, W ednesday, and Thursday only from 8:00 a.m. to 9:00 p.m., Tuesdays from 8:00 a.m. to 4:00 p.m, and Fridays from 8:00 a.m. to 5:00 p.m. (excluding holidays) • Requests for reservations for City Hall meeting rooms must be made on our website at http://apps.meridiancity.org/ROOMRESERVATION/ . If you are unable to complete the request form electronica lly, you may call the City Clerk’s Office at 208-888-4433. Reservations are not final until they are confirmed by the City. • The Honorable Robert D. Corrie Community Conference Room, commonly referred to as Meeting Rooms A and B are the only meeting rooms available for reservation by the general public CONDITIONS OF USE OF CITY MEETING ROOM City Commissions and Committees, and other City sponsored meetings and activities have priority use of building facilities at all times and are not subject to the following policy and regulations. The City may cancel reservations of City meeting rooms without prior notice to the reserving party. Requests for reservations must be made 7 days in advance, but may be made no more than one (1) month prior to the day of use, with the exception of other government offices, and groups affiliated with the City. Standing reservations will not be accepted. The 7 day requirement may be waived if a room is available. Reservations of Rooms A and B are for meetings only and may not be used for any parties, holiday gatherings, displays, shows, “for-profit” ventures, and other commercial enterprises. • City Hall Meeting Rooms are restricted to use by the following groups only : a. Local Government Agencies, or b. Committees/Commissions/Task Forces created by the City of Meridian, or c. Annual meeting of a Meridian neighborhood Homeowner’s Associations, or Meridian City Council Meeting Agenda November 6, 2019 – Page 531 of 610 RESOLUTION UPDATING THE CITY OF MERIDIAN PUBLIC MEETING SPACE RESERVATION POLICY AND REGULATIONS – PAGE 3 OF 4 d. Neighborhood meetings, as required by Meridian ordinance(s) regarding development in the City of Meridian, or e. Non-profit groups that have a physical location in Meridian and can provide their 501(c)3 determination letter from the IRS, or f. Professional organizations that employees of the City of Meridian are affiliated or members of as a result of their employment with the City of Meridian. • City staff cannot provide coffee, supplies, technical I.T. support or office support. • No furniture may be removed from or added to the room. • Any damages to the building, furniture, or equipment will be the financial responsibility of the reserving party. • All facilities must be vacated by 9:00 p.m. Monday through Thursday and by 5:00 p.m. on Friday. • Reservations will only be accepted from persons 18 years of age or older. • The improper use or abuse of the facility is subject to immediate cancellation of the event and ejection. • Violations of these rules may be cause to prohibit future reservations. ROOM SPECIFIC CONDITIONS • Limited food and beverages may be allowed in the meeting space. No open flames or electrical appliances. Please disclose at the time of the reservation to obtain approval. Under no circumstances are alcoholic beverages permitted within these rooms. • Reservations shall be limited to the room or facility expressly reserved and shall not include additional areas, unless a reservation has also been made for the additional areas. This does not exclude the use of the common area of the building, restrooms, or drinking fountains. • The electronic equipment in the room is not included with the room reservation unless the reserving party has been properly trained to use it. Training may be coordinated with the City Clerk’s Office at least one business day before the event. If there is need for connecting cords they may be checked out from the City Clerk on the day of use. Requests to use electronic equipment must be made in advance. Be advised that the City may not have necessary equipment so it is recommended that you bring your own. • The reserving party is responsible for all set-up, takedown, and return of tables, chairs, or any other furniture or equipment to the proper location in accordance with the floor plan provided by the City. This needs to be completed prior to the end of the reserved time of the room. Failure to do so will be cause for revocation of room reservation privileges. • No materials or decorations may be tacked, glued, stapled, taped, or adhered or affixed in any manner to walls, doors, or windows. This does not apply to adhesives that are designed for this use and do not leave any marks or remove paint. Please check prior to use. • All garbage and recyclable items must be placed in proper receptacles. • Smoking is prohibited in these rooms and on the premises of City Hall. • If the City determines it is necessary, the reserving party will be issued one proximity card that will provide access to the reserved space. The proximity card can be picked up one business day prior to use of the room from the City Clerk for reservations in the City Hall. The proximity card will only work for the time the space has been reserved and Meridian City Council Meeting Agenda November 6, 2019 – Page 532 of 610 RESOLUTION UPDATING THE CITY OF MERIDIAN PUBLIC MEETING SPACE RESERVATION POLICY AND REGULATIONS – PAGE 4 OF 4 will remain the property of the City of Meridian. At the conclusion of the meeting, the proximity card must be deposited in the utility payment drop box located in the east parking lot. If you are issued a key to lock the building, the key must be deposited in the utility bill drop box immediately after locking. Failure to lock City Hall doors or failure to return the electronic key card may lead to immediate revocation of room reservation privileges. The following groups are authorized to schedule meetings more than 30 days in advance. • Ada County Boys and Girls Club Board • Ada County Highway District meetings regarding Meridian road projects • Meridian Chamber of Commerce Board meetings • Meridian Development Corporation Board of Directors • Meridian Historical Society • Meridian Rural Fire District Commissioners Board • Western Ada Recreation District (WARD) Board of Directors • Other local government agencies • Any group approved by the City Clerk at the direction of the Mayor or City Council Meridian City Council Meeting Agenda November 6, 2019 – Page 533 of 610 L j�tEDAHO IDIZ IAN,! CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 AC Item Title: AP Invoices for Payment - 10/25/2019 - Special $132,675.41 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A C. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 10/25/19 - Special - $132,675.41 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 10/25/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 534 of 610 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 D & B SUPPLY Four Pairs of Jeans for J. Sweeny 119.96 01 General Fund HOME DEPOT CREDIT SERVICES 220/ 2 four packs & 6 three packs smoke alarms 399.76 01 General Fund HOME DEPOT CREDIT SERVICES 220/ Staples, Sta. 1, Shop Supplies 26.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/connector E35, & tool bag equip for E37 41.95 01 General Fund HOME DEPOT CREDIT SERVICES 220/ext cord, st. 5 66.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/putty knives, shop supplies, St. 1 15.80 01 General Fund HOME DEPOT CREDIT SERVICES 220/timer for ext lights, ST. 4 50.98 01 General Fund HOME DEPOT CREDIT SERVICES 220/Training gloves 38.91 01 General Fund HOME DEPOT CREDIT SERVICES 220/Training lumber, 120 1x2 8ft strips 117.60 01 General Fund HOME DEPOT CREDIT SERVICES 220/zip ties for pub ed banners 11.87 01 General Fund HOME DEPOT CREDIT SERVICES C & D batteries, cleaner/degreaser, gloves, shelving unit 82.80 01 General Fund HOME DEPOT CREDIT SERVICES credit on spray paint for Parks Shop - qty 4 (25.36) 01 General Fund HOME DEPOT CREDIT SERVICES digital safe & hardware x 4; screwdriver set x 1 58.06 01 General Fund HOME DEPOT CREDIT SERVICES Equipment for Training Course; Padlocks, batteries 79.71 01 General Fund HOME DEPOT CREDIT SERVICES fall flowers for Fuller Park - qty 11 38.78 01 General Fund HOME DEPOT CREDIT SERVICES materials & supplies for Kleiner down spout painting x 15 128.83 01 General Fund HOME DEPOT CREDIT SERVICES microwave & refrigerator for Discovery Park shop - qty 2 627.52 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 3220120 (35.52) 01 General Fund HOME DEPOT CREDIT SERVICES shelving unit for Homecourt - qty 1 24.98 01 General Fund HOME DEPOT CREDIT SERVICES Shipping Material - Stretch Wrap 36.98 01 General Fund HOME DEPOT CREDIT SERVICES spray paint for Parks Shop - qty 4 25.36 01 General Fund HOME DEPOT CREDIT SERVICES Spray Paint for Parks Shop Qty.4 23.92 01 General Fund HOME DEPOT CREDIT SERVICES step drill bits to drill holes for Fuller Park dugouts x 2 77.94 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, 1999 Ford F250,#A01433 (#33)23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, 2015 Kawasaki UTV 4x4, #517740 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, 2016 Dump Trailer, #024021 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, 2017 Kawasaki UTV 4x4 #523627 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, 2017 PJ 77 Channel Utility Trailer, #555426 23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, Ford F250,#B36368 (#34)23.00 01 General Fund IDAHO TRANSPORTATION DEPARTMENT Exempt Plate, LongChih LCI-880 P Boat Trailer,#LCAFP111 23.00 Date: 10/25/19 02:00:53 PM Page: 1Meridian City Council Meeting Agenda November 6, 2019 – Page 535 of 610 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 KREIZENBECK, LLC 19-0328 pay #5 - Homecourt Bay 5 remodel thru Sept 2019 73,128.12 01 General Fund VERIFIED FIRST Initial Payment to VF for Project RADAR 50,000.00 Total 01 General Fund 125,322.92 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Drawer liner, air compressor, grinder, wrenches, (91 qty) 1,423.45 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Fertilizer (6 qty)13.14 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Hoses, brushes, pliers, coupling, & hose hangout for biofilt 87.58 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Measuring wheel, driver set, tote, pliers, snips, (65 qty)2,023.75 60 Enterprise Fund HOME DEPOT CREDIT SERVICES No PO PRV 5 & 17 Abandonment Service Through 9/10/19 36.60 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Oxide Set, Screwdrivers, Caulk Gun, Bar Kit, Mallets, Contra 992.38 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Refund due to sales tax charge (21.79) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Stackable Storage Bin, Qty 1 3.97 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Toilet flapper & tape measure (2 qty)20.55 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Tool boxes (2 qty)2,596.00 60 Enterprise Fund JEREMY BARNES Reimbursement:J.Barnes CDL Lic. Commercial & Tank Test 58.35 60 Enterprise Fund MICHAEL NIERAETH REFUND WT/S/T: 526 E HAVASUPAI ST CUSTOMER PAID AFTER CLOSIN 69.48 60 Enterprise Fund MOREHOUSE PROPERTY MGMT LLC REFUND WT/S/T: 1912 COOL CREEK AVE DUMPSTER ACCT CLOSED DEPO 49.03 Total 60 Enterprise Fund 7,352.49 Report Total 132,675.41 Date: 10/25/19 02:00:53 PM Page: 2Meridian City Council Meeting Agenda November 6, 2019 – Page 536 of 610 EIDIAN,! CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 AD Item Title: AP Invoices for Payment - 10/29/2019 - Special - $8,537.84 Meeting Notes: rte✓ I TEM SHEET C ouncil Agenda I tem - 3.A D. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 10/29/19 - Special - $8,537.84 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 10/29/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 537 of 610 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 ADA COUNTY SHERIFF'S OFFICE 19015295 M.McSherry Jr. October 2019 1,437.62 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 B.Caldwell Child Support October 2019 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 T.Bryner Child Support October 2019 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 M.Payne Child Support October 2019 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 M.Gould Child Support October 2019 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#416457 J.Overton Child Support October 2019 328.57 01 General Fund JON SALISBURY PerDiem:J.Salisbury,DARC, Little Rock,AR 11/3/19-11/10/19 412.50 Total 01 General Fund 4,854.40 60 Enterprise Fund ADA COUNTY SHERIFF'S OFFICE 18007695 M.Edwards October 2019 554.41 60 Enterprise Fund ADA COUNTY SHERIFF'S OFFICE 19012620 D.Gassel October 2019 912.19 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#326566 N.Howell Child Support October 2019 299.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#344238 B.Kerr Child Support October 2019 443.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#352719 B.Arte Child Support October 2019 349.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#354376 M.Edwards Child Support October 2019 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#412750 D.Patton Child Support October 2019 604.20 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#415054 A.Deighton Child Support October 2019 300.00 Total 60 Enterprise Fund 3,683.44 Report Total 8,537.84 Date: 10/29/19 11:53:34 AM Page: 1Meridian City Council Meeting Agenda November 6, 2019 – Page 538 of 610 CIDI)&,N*,----- �wlIZI DAJ CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 AE Item Title: AP Invoices for Payment - 10/30/2019 - $1,340,010.50 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A E . Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 10/30/19 - $1,340,010.50 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 10/24/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 539 of 610 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 & i DISTRIBUTORS oil, RV antifreeze, wiper fluid, carb cleaner - qty 39 917.84 01 General Fund ACE AUTO BODY Repairs to Right Front Door Unit # 102 2,918.53 01 General Fund ACROSS THE STREET PRODUCTIONS 220/Blue Card online training, Mentzer 346.50 01 General Fund AVOLVE SOFTWARE CORPORATION Assurance Services: CR07242019 450.00 01 General Fund AVOLVE SOFTWARE CORPORATION Assurance Services: WOrk Performed for Ticket 15552 Resoluti 225.00 01 General Fund AVOLVE SOFTWARE CORPORATION Credit to Apply to our invoice 5135 for Assurance Services: (225.00) 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.19-0092 softball umpires 9/30-10/4/19 - qty 60 games 2,582.38 01 General Fund BONFIRE INTERACTIVE LTD 20-0077 Bonfire Esourcing-4 Seats (Phase 2, Year 1 Term: Oct 18,000.00 01 General Fund BRADY INDUSTRIES, LLC.220/detergent, St. 1 25.94 01 General Fund BRADY INDUSTRIES, LLC.220/janitorial, truck wash, st. 1 249.13 01 General Fund CARQUEST AUTO PARTS anti seize compound for Lanark Parks Shop - qty 2 14.34 01 General Fund CARQUEST AUTO PARTS oil filter for air compressor - qty 1 2.66 01 General Fund CARQUEST AUTO PARTS portable fuel filter - qty 1 13.19 01 General Fund CASCADE FENCE COMPANY, INC.19-0357; Fuller Park baseball backstop & fence replacement 28,150.00 01 General Fund CDW GOVERNMENT 19-0402 BTO HP 600 G5 i7-9700 1/16 WP 5,670.00 01 General Fund CDW GOVERNMENT 19-0402 BTO HP 600 G5 i7-9700T 1/8 WP 950.00 01 General Fund CERTIFIED LABORATORIES dry lube & penetrating oil for Parks Shop - qty 3 565.80 01 General Fund CHANGE AND INNOVATION AGENCY LLC 19-0036 PEAK training 9/16/2019 2,361.00 01 General Fund CIVICPLUS INC CivicRec Annual Renewal 8,000.00 01 General Fund CIVIL DOG USA, LLC K9 Training October 14 - 18 3,000.00 01 General Fund CIVIL SURVEY CONSULTANTS 19-0381 Professional Services during the period of 9/1/19-9/ 5,705.00 01 General Fund CLARK WARDLE LLP City Property Discussions File# 23747.1 08/27/19-09/23/19 1,897.50 01 General Fund CLEARWATER LANDSCAPE & IRRIGATION, LLC. sod repair around new well at Settlers Park 8,200.00 01 General Fund CLEARWATER LANDSCAPE & IRRIGATION, LLC. sod repairs around Charlie Rountree Field at Fuller Park 6,184.00 01 General Fund CLOVERDALE NURSERY compost for forestry at Kleiner Park - qty 25 cu yds 940.00 01 General Fund CLOVERDALE NURSERY sand for forestry at Kleiner Park - qty 18 cu yds 450.00 01 General Fund CLOVERDALE NURSERY sod for Fuller Park - qty 800 SF 240.00 01 General Fund COBALT TRUCK EQUIPMENT 19-0276 220/Ball & Hitch for MF047 270.78 01 General Fund COMMUNITY PLANNING ASSOC FY20 Annual Membership Dues - 1st Quarter 4,213.58 01 General Fund COMODO SECURITY SOLUTIONS INC 20-0044 Professional Services, ITSM Subscription Premium Edi 15,000.00 Date: 10/24/19 12:54:10 PM Page: 1Meridian City Council Meeting Agenda November 6, 2019 – Page 540 of 610 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 COMPUNET Monthly Labor and Expense Charges-September 2019 to be bille 500.00 01 General Fund COTTONWOOD DEVELOPMENT, LLC Refund of Perf Surety Dep Vicenza Valley Sub. No.2 199,529.21 01 General Fund D & B SUPPLY hose for Discovery Park - qty 1 32.99 01 General Fund D & B SUPPLY one inch gas pump for Lanark Parks Shop - qty 1 419.99 01 General Fund D & B SUPPLY parts for Settlers park shade structures - qty 4 32.96 01 General Fund D & B SUPPLY repair parts for Smithco turf sprayer - qty 9.43 31.82 01 General Fund D & B SUPPLY uniform hat, winter coat & coveralls for J Aceves - qty 3 279.97 01 General Fund DAVID WUERTH instructor fee - Digital Photography 9/10-10/1/19 - qty 7 336.00 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 19-0060 220/7 prev health exams, done in Sept 2019 5,880.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Emergency Light Repair for Unit # 122 239.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Speaker and Emergency Light Repair Unit # 133 311.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Speaker Replaced Unit # 140 228.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Warning Light Repairs for Unit # 47 602.00 01 General Fund EXECUTIVEPULSE INC Annual License Renewal 1,275.00 01 General Fund FAMILY TANG SOO DO instructor fee - Martial Arts 9/6-10/1/19 - qty 9 264.00 01 General Fund FASTENAL COMPANY 220/equip mtnc, 10 bolts 1.75 01 General Fund FASTENAL COMPANY credit on screws for Kleiner Park history kiosk - qty 5 (1.75) 01 General Fund FASTENAL COMPANY masonry bits - qty 2 74.44 01 General Fund FASTENAL COMPANY safety goggles & gloves - qty 16 73.71 01 General Fund FASTENAL COMPANY zip ties & sticky tabs for City Hall Christmas - qty 4,000 329.20 01 General Fund FIREWORKS & STAGE FX AMERICA July 4, 2019 fireworks display 6,050.00 01 General Fund FRED PRYOR SEMINARS FY20 Employee Training: A.Weatherly, S.Finch +1 597.00 01 General Fund FRED PRYOR SEMINARS FY20 Employee Training: T.LaVoie + 8; Clerks,4 2,587.00 01 General Fund FRED PRYOR SEMINARS FY20 Renewal Amanda McNutt & Kim Tabarini 12/4/19-12/3/2020 199.00 01 General Fund GEM STATE PAPER & SUPPLY CO 2 bx paper towels, 1 bx Urinal mats, 1 bx Waxed Kraft liners 126.23 01 General Fund GEM STATE PAPER & SUPPLY CO cleaners, hand soap, toilet paper, broom, napkin receptacle 2,531.93 01 General Fund GEM STATE PAPER & SUPPLY CO foam gun with fresh rinse spray - qty 4 300.01 01 General Fund GEM STATE PAPER & SUPPLY CO morning mist cleaner - qty 19 cases 635.17 01 General Fund GEM STATE PAPER & SUPPLY CO sanitary napkin receptacle - qty 2 49.14 01 General Fund GOVERNMENT FINANCE OFFICERS AS GFOA membership x7 staff 12/1/2019-11/30/2020 1,290.00 Date: 10/24/19 12:54:10 PM Page: 2Meridian City Council Meeting Agenda November 6, 2019 – Page 541 of 610 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO POWER 2200773816 October 19 City hall 7,162.13 01 General Fund IDAHO POWER 2205054725 October 2019 2,878.36 01 General Fund IDAHO POWER 2224444402 October 19 Fuller Park 451.07 01 General Fund IDAHO POWER 2224834438 October 2019 Main St Parking 35.19 01 General Fund INDEPENDENCE INDOOR SHOOTING 19-0267 Monthly Shooting Range Membership - Sept 2019 4,687.00 01 General Fund INTERMOUNTAIN GAS 0981623008 Nat'l Gas billings thru 10/4/19 1,015.71 01 General Fund INTERMOUNTAIN GAS COMPANY Intermountain Gas Meter 482409995 10/19 11.36 01 General Fund INTERNATIONAL CODE COUNCIL 2018 IMC Flashcards Certification Study tool 38.95 01 General Fund INTERSTATE ALL BATTERY CENTER batteries for sprinkler controllers - qty 2 4.80 01 General Fund INTERSTATE ALL BATTERY CENTER Battery for Data Logger Meter 2.99 01 General Fund INTERSTATE ALL BATTERY CENTER Fee to Recycle Old Batteries 7.22 01 General Fund INTL ECONOMIC DEVELOPMENT COUNCIL 10/1/19-9/30/20 IEDC mbrship#260161 630.00 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Fire alarm systems duct detectors delivered 9/26 408.42 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP Srv Call CH - replacement of induct sensor hoursing M1-196 852.21 01 General Fund KELLER ASSOCIATES, INC.18-0509 Electrical Plans Examining Services 9/2019 10,842.60 01 General Fund LAWN CO MAINTENANCE 19-0397 weekly mowing of 11 parks 8/26-9/25/19 17,000.00 01 General Fund LAWN CO MAINTENANCE sprinkler repairs at various contracted sites 886.40 01 General Fund LEXIPOL, LLC 20-0076 The One Year Fire Policy Manual Update Subscription 11,372.00 01 General Fund LOWE'S GFCI/Receptacle Testers - Electrical Inspectors 27.01 01 General Fund LOWE'S Tools for Electrical Inspectors 22.76 01 General Fund NAMPA-MERIDIAN IRRIGATION DIST Review of Project Agreement for Fiber Optic Line Across the 200.00 01 General Fund NOVUSOLUTIONS / GRANICUS Boards and Commissions, Open Platform Suite 8,000.00 01 General Fund PACIFIC BACKFLOW LLC Discovery Park Backflow Repairs 142.20 01 General Fund PACIFIC BACKFLOW LLC Pine Street strip backflow repairs 211.50 01 General Fund PACIFIC BACKFLOW LLC Tully Park backflow repairs 379.45 01 General Fund PARSONS BEHLE & LATIMER Self Funding issue 750.05 01 General Fund PROFORCE LAW ENFORCEMENT Flashlights for Duty Belts for New Hire Gear 248.16 01 General Fund PROFORCE LAW ENFORCEMENT Flashlights for Duty Belts New Hire Gear 124.08 01 General Fund PROFORCE LAW ENFORCEMENT Uniform Equipment - Lights 2,072.56 01 General Fund PROFORCE LAW ENFORCEMENT Uniform Holster/Equipment (2,072.56) 01 General Fund PROMO SHOP INC Rec - AD Promo Frisbees Qty. 1200 1,343.24 01 General Fund REAL ANIMAL MANAGEMENT 19-0141 goose management services - September 2019 1,950.00 01 General Fund REVVED UP MOTORSPORTS Front Tire & Front Brakes for Unit # 523 300.98 Date: 10/24/19 12:54:10 PM Page: 3Meridian City Council Meeting Agenda November 6, 2019 – Page 542 of 610 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 REVVED UP MOTORSPORTS Front Tire for Unit # 527 191.00 01 General Fund RICHARD GARDNER Refund; A-2019-0255 Applicant filled out incorrect applicati 160.00 01 General Fund RICOH USA, INC C86243698; Copier Usage 08/01/19-08/31/19 B&W/Color Copies 158.57 01 General Fund SCHINDLER ELEVATOR CORP Annual Elevator Service/Maintenance 1/1/19-9/30/2020 3,026.64 01 General Fund SOUTHERN COMPUTER WAREHOUSE 19-0408 Microsoft Comm EHS 4 Yr Warranty US USD Surface Pro 1,352.89 01 General Fund SOUTHERN COMPUTER WAREHOUSE 19-0408 Microsoft Surface Dock-for Pro 4 & Book, External Po 14,340.08 01 General Fund SOUTHERN COMPUTER WAREHOUSE 19-0408 Microsoft Surface Pro Type Cover 1,133.52 01 General Fund SOUTHERN COMPUTER WAREHOUSE Hewlett Packard 24in LED Backlit Montior 2,114.60 01 General Fund SOUTHERN COMPUTER WAREHOUSE Microsoft Surface Pen V4 Silver 73.20 01 General Fund SOUTHERN IDAHO ELECTRIC Discovery Park ball field light kill switches 674.95 01 General Fund SOUTHERN IDAHO ELECTRIC Kleiner Park fountain breaker repair 1,342.00 01 General Fund SOUTHERN IDAHO ELECTRIC Kleiner Park vendor area electrical outlet repairs 3,003.50 01 General Fund SPECIALTY MINING & INFIELD SUPPLIES infield mix for various sites - qty 60 yds 4,630.00 01 General Fund SYNCB/AMAZON 755334464649; arc mouse for Surface - qty 1 56.44 01 General Fund SYNCB/AMAZON 755334464649; canopy weights - qty 3 sets 29.97 01 General Fund SYRINGA NETWORKS, LLC 20-0040 Dark Fiber Lease (4 Strands)1,150.00 01 General Fund SYRINGA NETWORKS, LLC Internet B/W (100MB)790.00 01 General Fund TENZINGA Tenzinga performance Management Annual License Fee 480.00 01 General Fund TRADEMARK SIGN CO, LLC 20-0088 pay #2 Fuller Park monument signage 7,208.00 01 General Fund TRANSUNION RISK & ALTERNATIVE DATA SOLUTIONS TLOxp Charges & Credits 267.16 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Russell 868.06 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Cain 885.06 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Hansen 882.06 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Russell 158.24 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Schindler 882.06 01 General Fund USSSOA 20-0048 Flag Football officiating 9/30-10/4/19 - qty 8 700.72 01 General Fund USSSOA 20-0048 volleyball officials 9/30-10/4/19 x 55 games; reg 1,253.10 01 General Fund VARSITY FACILITY SERVICES 19-0054 Janitorial Services City Buildings thru 9/30/19 13,452.02 01 General Fund WESTERN STATES EQUIPMENT CO Inspection and oil sampe, load bank on City Hall Generator 1,102.09 01 General Fund XEROX CORPORATION - PASADENA BOW-588861 220/Copier charges for Sept 2019 681.83 Total 01 General Fund 477,156.54 Date: 10/24/19 12:54:10 PM Page: 4Meridian City Council Meeting Agenda November 6, 2019 – Page 543 of 610 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 BOISE RIVER FENCE wrought iron gate & fencing for Discovery Park 3,550.00 07 Impact Fund PRECISION STEEL & GYPSUM, INC.19-0194 Disc Park Maint. Shop Insul & Drywl thru 09/30/19 590.00 Total 07 Impact Fund 4,140.00 20 Grant Fund governmental NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION 2020 NCDA Winter Leg Mtg-Reg-Crystal Campbell-1/28-31/19 450.00 Total 20 Grant Fund governmental 450.00 55 Capital Projects OUTLAND STEEL, INC 20-0081 BP6 CO1 Steel Fab & Er- So Mer Reg Park thru 9/22/19 2,266.40 Total 55 Capital Projects 2,266.40 60 Enterprise Fund ADA COUNTY WEED & PEST CONTROL Noxious weed spraying 126.50 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC Hi-cap HVAC filters (2 bxs)154.44 60 Enterprise Fund ANALYTICAL LABORATORIES INC.PO#19-0082, Sampling Micro, Qty 113 1,727.10 60 Enterprise Fund ASHLEY ATTEBERY WT/T/S: REFUND 2050 NW 10TH PL TITLE COMPANY OVERPAID 68.06 60 Enterprise Fund BACKFLOW SUPPLY Watts 1in Backflow Valve Rubber Parts Repair Kit, Qty 1 59.80 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 20-0004 FY20 Stmt & Del Notice Proc Svc Discon. Not 10/9/19 1,036.96 60 Enterprise Fund BLACK EAGLE CONSTRUCTION Emergency sewer line repair at 911 E 1st St 9/25/19 4,500.00 60 Enterprise Fund BLACK EAGLE CONSTRUCTION Preliminary pot hole sewer line work-May 2019 2,900.00 60 Enterprise Fund BOE - Boise Office Equipment 8TB614975; COPY CHARGES; BLK CLR 09/10/19-10/09/19 96.95 60 Enterprise Fund BROWN & CALDWELL 19-0129 WRRF Capacity Expansion Service Through 9/30 50,836.35 60 Enterprise Fund CAVANAUGH JV LLC Refund of Warranty Surety Dep Caven Ridge Estates East Sub.3 43,726.60 Date: 10/24/19 12:54:10 PM Page: 5Meridian City Council Meeting Agenda November 6, 2019 – Page 544 of 610 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 CENTEK LABORATORIES Biogas testing (4 tests)513.00 60 Enterprise Fund CH2M HILL ENGINEERS, INC 18-0070 WRRF Capacity Expansion Service to 9/30/19 19,035.47 60 Enterprise Fund CH2M HILL ENGINEERS, INC 19-0111 SCADA Wonderware upgrades & PLC programming 18,088.75 60 Enterprise Fund CHANGE AND INNOVATION AGENCY LLC 19-0036 PEAK training 9/16/2019 589.00 60 Enterprise Fund CHESTER KNOTTS WT/S/T: REFUND 1327 E VILLAGE GREEN ST 50.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 17-0023 WRRF Capacity Expansion Svc to 9/30/19 1,300.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0334 Water Main Ext Victory to Ten Mile Svc to 9/30/19 1,241.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 18-0438 Sewer-Wtr Main Replacement E. Chateau Svc to 9/30/19 5,719.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 19-0203 Water/Swr Replacement NW 11th Svd to 09/30/19 1,345.84 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 19-0364 Sewer Main Rehab W. Washington Service thru 9/30/19 1,528.00 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 19-0405 Sewer Main Ext Five Mile Trunk Relief Srv to 9/30/19 792.00 60 Enterprise Fund COLE INDUSTRIAL, INC.Boiler gasket repair kits & handhole pump gasket (5 qty) 822.58 60 Enterprise Fund COLE INDUSTRIAL, INC.Labor & parts to repair boiler 4 (16 hrs) 9/1/19 2,011.67 60 Enterprise Fund COMMUNITY PLANNING ASSOC FY20 Annual Membership Dues - 1st Quarter 8,427.17 60 Enterprise Fund COREY FOSTER WT/S/T: REFUND 1039 N PARKDALE AVE CUSTOMER PAID AFTER CLOSI 20.42 60 Enterprise Fund COTTONWOOD DEVELOPMENT, LLC Refund of Perf Surety Dep Vicenza Valley Sub. No.2 294,424.13 60 Enterprise Fund COUGAR EXCAVATION 19-0280 Wtr Main Ext W Victory & Ten Mile srv thru 7/20 348,237.28 60 Enterprise Fund D & B SUPPLY Waterproof Gloves, Qty 5 159.95 60 Enterprise Fund DAVE TOWER WT/S/T: REFUND 1402 1412 1416 1420 W SANDWOOD DR CUSTOMER PA 278.62 60 Enterprise Fund DERRICOTT & DERRICOTT LLC WT/T/S: REFUND 434 NE 3RD ST TITLE COMPANY OVERPAID 37.26 Date: 10/24/19 12:54:10 PM Page: 6Meridian City Council Meeting Agenda November 6, 2019 – Page 545 of 610 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 DIEGO ORTIZ-ROBLES WT/T/S: REFUND 2446 N CAPECOD WAY TITLE COMPANY OVERPAID 101.45 60 Enterprise Fund DONALD AND BERNADEAN MATTHES WT/T/S: REFUND 2474 N SILVERLEAF WAY TITLE COMPANTY OVERPAID 58.54 60 Enterprise Fund DUNG TRAN WT/T/S: REFUND 1469 N INEZ PL CUSTOMER PAID AFTER CLOSING 100.00 60 Enterprise Fund EL-ADA, INC.El-Ada September 2019 Meridian Cares services 35.00 60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Labor for balancing rotor on spare motor 9/9/19 170.00 60 Enterprise Fund FASTENAL COMPANY Anchors for valve for BRO start up (27 qty)132.05 60 Enterprise Fund FERNANDA FRANCO-FERRARA WT/S/T: REFUND 1661 W HAM RAPIDS ST CUSTOMER PAID AFTER CLOS 38.46 60 Enterprise Fund FRED PRYOR SEMINARS FY20 Renewal Amanda McNutt & Kim Tabarini 12/4/19-12/3/2020 199.00 60 Enterprise Fund FURROW PUMP Spare parts kit for LMI pump (2 qty)512.86 60 Enterprise Fund GOODWAY TECHNOLOGIES CORP Boiler tube brush (7 qty)121.55 60 Enterprise Fund HONSINGER LAW 19-0069 Water Rights Admin Svc to 09/30/19 2,515.00 60 Enterprise Fund IDAHO POWER 2207345493 October 2019 Baraya & Franklin PRV 10.57 60 Enterprise Fund IDAHO POWER 2207345527 October 2019 Ustick PRV 10.91 60 Enterprise Fund IDAHO POWER 2207354834 October 2019 Cherry PRV 21.01 60 Enterprise Fund INTERMOUNTAIN GAS 0981623008 Nat'l Gas billings thru 10/4/19 2,367.23 60 Enterprise Fund IRWA Groundwater Trtmnt & Nitrate Reductions Workshop, I. Biddle 120.00 60 Enterprise Fund JACK HENRY & ASSOCIATES INC Bank Fees September 2019 568.36 60 Enterprise Fund JACOB & DAWN COLEMAN WT/T/S: REFUND 5972 N EXETER AVE PAID TO CLOSE ACCT IN ERROR 59.64 60 Enterprise Fund JAMES AND MARY FRIEDRICH WT/S/T: REFUND 262 W WAUSAU ST TITLE COMPANY OVERPAID 33.26 60 Enterprise Fund JAMES AND TRINA HUNT WT/S/T: REFUND 2710 E VAN OKER CT CUSTOMER PAID AFTER CLOSIN 92.22 Date: 10/24/19 12:54:10 PM Page: 7Meridian City Council Meeting Agenda November 6, 2019 – Page 546 of 610 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 JASON RICKS REFUND: WT/S/T 2051 NW 8TH AVE TITLE COMPANY OVERPAID 37.26 60 Enterprise Fund JERALD AND PATRICIA WALKER WT/S/T: REFUND 1779 W CEDAR GROVE ST TITLE COMPANY OVERPAID 70.37 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0164 S. Meridian Linder Rd Sewer Trunk service to 9/30/19 448.75 60 Enterprise Fund LAYNE of IDAHO, INC.No PO Well 15 Reconstruction Service through 10/1/19 1,125.00 60 Enterprise Fund LES SCHWAB TIRE CENTER Labor to install tubes & filber seal on CCTV Van 1 camera 97.96 60 Enterprise Fund MANAGEMENT PRO WT/T/S: REFUND 680 E HAVASUPAI ST RENTER TO TITLE BOTH PAID 95.29 60 Enterprise Fund METAL SAMPLES COMPANY OCCT Racks and Coupons, Qty 40 3,422.45 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 19-0211 Well 28 Water Treatment Service to 9/30/19 4,949.44 60 Enterprise Fund MOUNTAIN WATERWORKS, INC 19-0246 WRRF Cap & Opt Stdy-Site Eval & Tec Memo thru9/30/19 1,090.00 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.4 in cam-lok dust cap (2 qty)104.66 60 Enterprise Fund MURRAYSMITH INC No PO Wtr Main Repl & Swr Ext - Pine Ave Srv Through 8/31/19 1,896.00 60 Enterprise Fund NAPA AUTO PARTS Washer Fluid, Qty 4 10.76 60 Enterprise Fund OXARC, INC.500gl Tank Replacement for Well 20B, WO#270382 2,519.40 60 Enterprise Fund OXARC, INC.PO#20-0071, Sodium Hypo, Well 19, 27, 1010gl, WO#17279 1,691.30 60 Enterprise Fund OXARC, INC.PO#20-0071, Sodium Hypo, Well 21,25,26,20, 1355gl, WO#17275 2,253.65 60 Enterprise Fund OXARC, INC.PO#20-0071, Sodium Hypo, Well 27,19,20,16,14,1935gl,WO#17483 3,199.05 60 Enterprise Fund OXARC, INC.PO#20-0071,Sodium Hypo,Well 19,27,22,Vic Res,2800gl,WO#17369 4,609.00 60 Enterprise Fund OXARC, INC.PO#20-0071,Sodm Silicate,Carbonate,Orthophosphate,Drum,Qty26 5,621.03 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Water Admin Bldg, WO#17406 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ WaterTower, WO#17406 235.00 Date: 10/24/19 12:54:10 PM Page: 8Meridian City Council Meeting Agenda November 6, 2019 – Page 547 of 610 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 POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Well 16, WO#17407 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Well 20B, WO#17407 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Well 21, WO#17407 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Well 25, WO#17407 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Generator Maint @ Well 27, WO#17407 235.00 60 Enterprise Fund POWER SYSTEMS WEST PO#20-0015, Serviced Generator @ Well 22, WO#17406 244.40 60 Enterprise Fund PRECISION INTEGRATED Flush Assembly for Chemical Satuation Tank, Qty 1 309.54 60 Enterprise Fund PREMIER BEVERAGE SERVICE Replaced Inlet Valve to Coffee Machine, WO#272177 195.00 60 Enterprise Fund REALTY MANAGEMENT ASSOCIATES WT/S/T: REFUND 4532 N PRICE AVE RENTER AND MGMT CO PAID FINA 81.96 60 Enterprise Fund RED WING SHOES Safety boots for MEspinola (1 qty) 9/30/19 175.99 60 Enterprise Fund RICOH USA, INC C86234082 b/w (691 qty) & color (256 qty) images 21.54 60 Enterprise Fund RICOH USA, INC C86236263 b/w (1,122 qty) & color (416 qty) images 34.99 60 Enterprise Fund RICOH USA, INC C86242095 b/w (1,091 qty) & color (1,487 qty) images 83.30 60 Enterprise Fund ROBERT BROBST WT/T/S: REFUND 505 W WASHINGTON ST TITLE COMPANY OVERPAID 134.46 60 Enterprise Fund ROMA TALBOTT WT/S/T: REFUND 542 S TIBURON AVE AUTO PAY PROCESSED AFTER CL 44.67 60 Enterprise Fund RUTH ROSE WT/T/S: REFUND 711 W RAMSBROOK ST TITLE COMPANY OVERPAID 37.26 60 Enterprise Fund STEVE AND DEE HAND WT/S/T: REFUND 4461 N CONNER WAY CUSTOMER PAID AFTER CLOSING 54.25 60 Enterprise Fund STOLFO LLC WT/S/T: REFUND 2279 W RANFALL ST TITLE COMPANY OVERPAID 50.92 60 Enterprise Fund SYNCB/AMAZON Chipboard Sheets,Taillight for Vac Trailer,Qty3,WO#271080 33.83 60 Enterprise Fund SYNCB/AMAZON Red Pens, Qty 1 16.57 Date: 10/24/19 12:54:10 PM Page: 9Meridian City Council Meeting Agenda November 6, 2019 – Page 548 of 610 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 TELANSWER, INC 10/1-10/31, After Hours Service 182.90 60 Enterprise Fund THE UPS STORE IPDES sample shipment 120.29 60 Enterprise Fund THE UPS STORE Shipping for returning computer board to CUES 83.59 60 Enterprise Fund VARSITY FACILITY SERVICES 19-0054 Janitorial Services City Buildings thru 9/30/19 1,749.47 60 Enterprise Fund WESTERN STATES EQUIPMENT CO Labor to troubleshoot switch gear on control panel 262.65 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB570607 b/w (698 qty) & color (949 qty) images 50.94 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (2,242 qty) & color (209 qty) images 21.66 Total 60 Enterprise Fund 855,997.56 Report Total 1,340,010.50 Date: 10/24/19 12:54:10 PM Page: 10Meridian City Council Meeting Agenda November 6, 2019 – Page 549 of 610 EIDIANC-- CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 AF Item Title: AP Invoices for Payment - 10/31/2019 - Special - $121,005.25 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A F. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 10/31/19 - Special - $121,005.25 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 550 of 610 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 AFLAC October 2019 AFLAC 3,688.62 01 General Fund DISCOVERY BENEFITS Flex October 2019 21,728.01 01 General Fund I.C.R.M.P.refund C-19-092114-9962; Light Pole at Main/Fairview Claim 6,377.50 01 General Fund IAFF LOCAL 4627 #4627 Firefighters Dues October 2019 7,117.04 01 General Fund INTERMOUNTAIN GAS 10284109054 September 2019 11.36 01 General Fund KEYBANK City of Meridian HSA Contributions October 2019 3,934.86 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC October 2019 Pre Tax Contributions 45,264.45 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC October 2019 Roth Contributions 11,149.61 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 October 2019 Contributions 416.59 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST October 2019 MERP Contributions 3,700.00 Total 01 General Fund 103,388.04 60 Enterprise Fund AFLAC October 2019 AFLAC 595.24 60 Enterprise Fund DISCOVERY BENEFITS Flex October 2019 7,409.88 60 Enterprise Fund KEYBANK City of Meridian HSA Contributions October 2019 460.00 60 Enterprise Fund MATT MOREIRA Reimb:M.Moreira ClassA testing, permit, license 363.94 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC October 2019 Pre Tax Contributions 6,334.03 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC October 2019 Roth Contributions 2,357.25 60 Enterprise Fund NICK TAMBORNINI CDL Permit Fee; Air Brake/General Test Fee 36.87 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 October 2019 Contributions 60.00 Total 60 Enterprise Fund 17,617.21 Report Total 121,005.25 Date: 10/31/19 01:14:00 PM Page: 1Meridian City Council Meeting Agenda November 6, 2019 – Page 551 of 610 EIDIANDAHO ,?-- CITY COUNCIL WORK SESSION AGENDA November 9, 2019 Agenda Item Number: 3 AG Item Title: AP Invoices for Payment - 11/6/2019 - $490,981.00 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A G. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 11/06/19 - $490,981.11 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 552 of 610 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 HEATING & AIR CONDITIONING furnace service at Settlers Park 119.00 01 General Fund A.M. BEST COMPANY, INC.Purchasing Subscription to 2019 Best's Key Rating Guide 194.25 01 General Fund ABOUT THE KIDS, INC.instructor fee - Lacrosse - 9/16-10/14/19 - qty 13 780.00 01 General Fund ACE AUTO BODY Repair to Right Front Fender Unit # 131 1,387.73 01 General Fund ADA COUNTY HIGHWAY DISTRICT 18-0124 Pine Ave.Retainage for Landscape ImpFINAL SEPT 2019 14,567.30 01 General Fund ADA COUNTY HIGHWAY DISTRICT 18-0451 ACHD Hist Street Light Cost Share Agmt SEPT19 FINAL 8,814.06 01 General Fund AT&T MOBILITY LLC ATT First Net invoice 09/21 - 10/20/19 587.95 01 General Fund BICKFORD SIGN & AWNING Kleiner Park bandshell shade takedown - qty 2 660.00 01 General Fund BOE - Boise Office Equipment 20-0039 Xerox Altalink C8070 COlor MFP, 1 Line Fax Xerox 11,100.00 01 General Fund BOE - Boise Office Equipment 20-0041 Xerox Altalink C8035T2 Color MFP, 1 Line Fax Xerox 5,551.00 01 General Fund BOISE REFRIGERATION SVC CO 220/ Oven repair, Station 1 134.50 01 General Fund BOISE REFRIGERATION SVC CO 220/repair fridge at ST. 1 981.99 01 General Fund BOISE VAL ECONOMIC PARTNERSHIP IAMC Sponsorship FY20 10,000.00 01 General Fund BUCKS BAGS INC 220/ Hose bundle straps (6)90.00 01 General Fund CANYON HONDA Oil Change for Unit # 523 53.46 01 General Fund CENTURYLINK Fuller Park Modem Service 10/10 - 11/9/19 110.69 01 General Fund CENTURYLINK Home Court, Centrex Phone Lines, 10/2019 597.33 01 General Fund CENTURYLINK Police DSL 7/19/8/18/19 - req't disconnect 5/29/19; credit 106.18 01 General Fund CENTURYLINK Police DSL 8/19-9/18/19; req't disconnect 5/29/19; credit 53.99 01 General Fund CENTURYLINK Police DSL 9/19 - 10/18/19 req't disconnect 5/29/19, credit 53.99 01 General Fund CENTURYLINK Police DSL Credit for previously invoiced 9/27 - 10/19/19 (248.35) 01 General Fund CHASE CHRISTOPHER Per Diem:C.Christopher,Mtn Trauma Conf,Sun Valley,ID 165.00 01 General Fund CLAIMFOX INC Bank Records DR#19-5618 18.75 01 General Fund COLUMBIA ELECTRIC SUPPLY Tully Park controller cabinet 311.77 01 General Fund D & B SUPPLY 220/Mouse traps, St. 3 39.98 01 General Fund D & B SUPPLY 220/repair chainsaw 40.00 01 General Fund DIVERSIFIED INSPECTIONS, INC.220/Ground ladder & T31 ladder testing 3,038.80 01 General Fund ESRI 20-0042 ArcGIS GIS Server Standard(Windows) Additional Core 18,000.00 01 General Fund EVENT RENT equipment for Community Block Party on 9/7/19 847.00 01 General Fund GEM STATE PAPER & SUPPLY CO 20-0018 1 cs Paper Towel roll 53.57 Date: 10/31/19 02:00:02 PM Page: 1Meridian City Council Meeting Agenda November 6, 2019 – Page 553 of 610 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 GEM STATE PAPER & SUPPLY CO 20-0018 4 cs Clorox wipes 124.88 01 General Fund GEM STATE PAPER & SUPPLY CO 20-0018 Cost corrections inv 3008661,3008661-01,3008661-02 275.72 01 General Fund GEM STATE PAPER & SUPPLY CO 20-0018 Paper Towels, Kleenex 1,345.66 01 General Fund GEM STATE PAPER & SUPPLY CO 20-0018 Trash bags, soap, seat covers, urinal screens, more 3,508.45 01 General Fund GEM STATE PAPER & SUPPLY CO rubber urinal mat - qty 1 case 51.29 01 General Fund GEM STATE PAPER & SUPPLY CO sanitary napkin receptacle - qty 2 49.14 01 General Fund GIESLER AUTO REPAIR fleet truck 4 solenoid replacement - license C9767 162.91 01 General Fund H.D. FOWLER COMPANY filter install part for PD - qty 2 8.50 01 General Fund H.D. FOWLER COMPANY filter install parts for PD - qty 10 398.39 01 General Fund H.D. FOWLER COMPANY filter install parts for PD - qty 8 81.96 01 General Fund HOME DEPOT CREDIT SERVICES 220/equipment for E37, MF009, pliers 12.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/Equipment for E37, MF009, tape,blade 14.88 01 General Fund HOME DEPOT CREDIT SERVICES 220/gloves for training 51.88 01 General Fund HOME DEPOT CREDIT SERVICES 220/supplies for Burn prop for Public Safety Academy 189.52 01 General Fund HOME DEPOT CREDIT SERVICES 220/tools for E37, utility knife, wrench, pliers,screwdriver 267.36 01 General Fund HOME DEPOT CREDIT SERVICES credit on lock box - qty 1 (39.97) 01 General Fund HOME DEPOT CREDIT SERVICES electronic lock box - qty 1 79.00 01 General Fund HOME DEPOT CREDIT SERVICES epoxy for Generations Plaza - qty 1 5.47 01 General Fund HOME DEPOT CREDIT SERVICES mixing paddle - qty 1 8.98 01 General Fund HOME DEPOT CREDIT SERVICES push mower and tools for Storey Park - qty 10 543.32 01 General Fund HOME DEPOT CREDIT SERVICES utility cart - qty 1 129.00 01 General Fund HOME DEPOT CREDIT SERVICES wet/dry vacuum - qty 1 149.00 01 General Fund HORIZON DISTRIBUTORS INC credit on mower reference invoice 3L142229 (1,999.00) 01 General Fund HORIZON DISTRIBUTORS INC Echo blade bed redefiner teeth - qty 1 74.99 01 General Fund HORIZON DISTRIBUTORS INC grease cap for Kleiner Park Exmark vantage - qty 2 9.92 01 General Fund HORIZON DISTRIBUTORS INC Invoice to clear Credit on Invoice 3L142332 1,619.73 01 General Fund HORIZON DISTRIBUTORS INC miscellaneous small engine parts - qty 5 23.95 01 General Fund HORIZON DISTRIBUTORS INC miscellaneous small engine parts - qty 7 79.90 01 General Fund HORIZON DISTRIBUTORS INC miscellaneous small engine parts - qty 8 24.93 01 General Fund HORIZON DISTRIBUTORS INC push spreaders - qty 5 2,089.96 01 General Fund HORIZON DISTRIBUTORS INC small engine carburetor kits - qty 5 39.55 01 General Fund HORIZON DISTRIBUTORS INC weed eater line - qty 4 212.40 01 General Fund HORIZON DISTRIBUTORS INC weed eater line for Kleiner Park - qty 1 53.10 01 General Fund IDAHO POWER Fire Department Power - October 2019 2,234.85 01 General Fund IDAHO PRESS-TRIBUNE Amending Meridian City Code Sec 2-1-1C Partial Term Appointm 44.40 01 General Fund IDAHO PRESS-TRIBUNE Amending Title 10 Chapter 4 39.96 Date: 10/31/19 02:00:02 PM Page: 2Meridian City Council Meeting Agenda November 6, 2019 – Page 554 of 610 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice for Persi Sub and Waterwalk sub 99.93 01 General Fund IRRIGATION ASSOCIATION--CERTIFICATION Certified Irrigation Landscape Auditor dues for R Norberg 100.00 01 General Fund ISP FORENSIC SERVICES Background Employment Testing 365.75 01 General Fund JARED CARLISLE Per Diem:J.Carlisle,Mtn Trauma Conf,Sun Valley,ID 165.00 01 General Fund JERIN JONES Per Diem:J.Jones,Mtn Trauma Conf,Sun Valley,ID 165.00 01 General Fund JON BARTHOLOMEW Per Diem:J.Bartholomew,ICC ExamCert Training, Denver, CO 418.00 01 General Fund KB PRINTS New Hire Training Shirts 313.50 01 General Fund KENDALL FORD OF MERIDIAN 220/antifreeze, 3 35.99 01 General Fund KENDALL FORD OF MERIDIAN Canister Purge Valve Replacement Unit # 163 207.82 01 General Fund L.N. CURTIS AND SONS 220/ Hemming, 10 pair pants 55.00 01 General Fund L.N. CURTIS AND SONS 220/vehicle brackets, 3 45.60 01 General Fund L.N. CURTIS AND SONS 220/Vehicle Mtnc., brackets attached to each vehicle 139.69 01 General Fund L.N. CURTIS AND SONS Replacement Pants for Officer Dixon DR 19-6315 85.00 01 General Fund LAURIE MCELROY instructor fee - Yin Workshop 10/12/19 - qty 6 48.00 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, Oct 2019, 268238 995.27 01 General Fund M.D. WILLIS, INC.20-0104 Court Reporting Oct 2019 3,056.00 01 General Fund M2M WIRELESS Parks Modem Service 9/17-10/16/19 - Qty 25; increase of one 293.00 01 General Fund MERIDIAN CHAMBER of COMMERCE Mayor Candidate forum at Chamber of Commer-luncheon-C Arial 25.00 01 General Fund MERIDIAN TROPHY 2019 Spring & Fall Softball League champion plaques x 10 219.50 01 General Fund MOTIONS DANCE STUDIO instructor fee-Tumble/Twist, Little Ninjas 9/3-10/11/19 x 46 1,744.00 01 General Fund NAPA AUTO PARTS 220/ Spark plugs, filters 132.52 01 General Fund NAPA AUTO PARTS 220/Terminal for MF042 14.98 01 General Fund NORCO 220/hydrotest 4 SCBA bottles, 9-30-19 112.00 01 General Fund NORTHWEST POWER SYSTEMS, INC 220/repair compresser unit @ St. 1 635.46 01 General Fund O'REILLY AUTO PARTS 220/E-34 charger for cell phone 29.99 01 General Fund OFFICE DEPOT, INC.220/ Binders, posts-its, toner 266.18 01 General Fund OFFICE DEPOT, INC.Clock, clips 35.43 01 General Fund OFFICE DEPOT, INC.desk name plates for 5 staff 51.36 01 General Fund OFFICE DEPOT, INC.ltr paper, 12 pencils, 1 bx staples, white board markers 54.17 01 General Fund OVERHEAD DOOR COMPANY 220/ Repair garage door, Station 3 165.00 01 General Fund PAUL'S MERIDIAN STINKER fleet truck 23 emissions test - license C15315 15.00 01 General Fund QUALITY ELECTRIC 19-0406 Location Services through 09/30/19 FINAL 2,175.00 01 General Fund RICOH USA, INC C861730707 11/1-30/19 Monthly lease plus addt'l pages 581.26 Date: 10/31/19 02:00:02 PM Page: 3Meridian City Council Meeting Agenda November 6, 2019 – Page 555 of 610 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 ROCKY MTN TOWING 220/Towing of cars for extrication training 09/11/19 35.00 01 General Fund ROCKY MTN TOWING 220/Towing of cars for extrication training 09/12/19 70.00 01 General Fund ROCKY MTN TOWING 220/Towing of cars for extrication training 09/13/19 35.00 01 General Fund ROCKY MTN TOWING 220/Towing of cars for extrication training 09/16/19 35.00 01 General Fund ROCKY MTN TOWING 220/Towing of cars for extrication training 9/11/19 35.00 01 General Fund SBI CONTRACTING hand dryer sensor for Storey Bark Park - qty 1 175.00 01 General Fund SIGNS, ETC Replace Door Graphics, Add Clear Bra to Extend Life #131 1,424.00 01 General Fund SIGNS, ETC Traffic Box Art Ten Mile & Franklin - Splash Pad. Meridian & 1,048.00 01 General Fund SIGNS, ETC Traffic Box Wrap Installed 10/14/19Allegretto-Reserv Parking 1,048.00 01 General Fund SILVER CREEK SUPPLY cable stripper, stub wrench, cutter - qty 4 43.63 01 General Fund SILVER CREEK SUPPLY irrigation splice kits for Maxicom/inventory - qty 5 96.67 01 General Fund SILVER CREEK SUPPLY walk-behind aerator service/repair 122.77 01 General Fund SONNTAG RECREATION drumheads for Settlers Park sound garden - qty 3 4,205.00 01 General Fund SPARKLIGHT 220/ Digital device rental 10/16/19 - 11/15/19 12.24 01 General Fund SPARKLIGHT 220/Digital Device Rental 10/23/19 - 11/22/19 5.78 01 General Fund SW IDAHO FIRE & EMS CHIEFS ASSOCIATION 220/SWIDFCA membership, 9 members 2,475.00 01 General Fund SYNCB/AMAZON 435559496654; 220/ Flag pole light, Station 3 59.99 01 General Fund SYNCB/AMAZON 443565336479; cash drawer - qty 1 129.99 01 General Fund SYNCB/AMAZON 444649356557; Replacement for Plantronics 65358-01 Battery 9.98 01 General Fund SYNCB/AMAZON 456567669965; 220/ Books, qty. 5, Full Contact Leadership 245.00 01 General Fund SYNCB/AMAZON 458346345978; 220/SSD for MDT Repair, Monitor for Station 1 250.71 01 General Fund SYNCB/AMAZON 466589778545; 220/ Cooking spray - Station 3 13.64 01 General Fund SYNCB/AMAZON 473533548883; 220/cell phone charger for E34, floor mat 53.00 01 General Fund SYNCB/AMAZON 679999439339; 220/ Flare flashing beacons (5)272.49 01 General Fund SYNCB/AMAZON 688457378888; HDMI Adapter 10 pack, Benfei DP Display Port 58.50 01 General Fund SYNCB/AMAZON 849578969377; 220/ Pallet of water, Training 444.23 01 General Fund SYNCB/AMAZON 864384934896;batteries, 2 cordless mice (S.Allen, C.Krausch) 38.98 01 General Fund SYNCB/AMAZON 984668793845; 220/ Coffee stir sticks 6.79 01 General Fund TACO CHINDER C/O ROCK MTN MGMT refund C-NEW-2019-0015 BLD SUPP WTR THR SUEZ REF WTR ASSMT 3,452.75 Date: 10/31/19 02:00:02 PM Page: 4Meridian City Council Meeting Agenda November 6, 2019 – Page 556 of 610 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 Tami J Leach instructor fee - Pickleball 101 9/19-10/10/19 - qty 10 480.00 01 General Fund TARGETSOLUTIONS LEARNING , LLC.Target Solutions Premier Membership Platform 4,884.00 01 General Fund TATES RENTS (GENERAL OFFICE)220/rent powerwasher to clean T-31 aerial ladder 91.59 01 General Fund THE UPS STORE 220/Shipping to send in Thermal Imager for repair 198.03 01 General Fund TRAUMA INTERVENTION PROGRAMS, INC 20-0078 Trauma Intervention Program User Fees 2019-2020 12,769.00 01 General Fund UNIFORMS 2 GEAR Badge Holders for Detectives 30.00 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Atkinson 29.35 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Hansen 29.35 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Rackley 62.10 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Russell 96.61 01 General Fund UNIFORMS 2 GEAR New Hire Gear Coleman 29.35 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Hansen 65.50 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Mangram 29.35 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Trudeau 29.35 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data Plan #1, 9/21 - 10/20/19 820.87 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 9/21 - 10/20/19 8,751.30 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Data Plan #2 - 9/21 - 10/20/19 655.74 01 General Fund VICTORY GREENS pea gravel for Hillsdale & Discovery Parks - qty 1 yd 37.95 01 General Fund VIKING INDUSTRIAL SYSTEMS o-rings for Fuller Park pressure washer - qty 15 13.75 01 General Fund WEIDNER & ASSOCIATES 220/ Part for repair of SCBA Compressor 355.49 01 General Fund WESTERN STATES EQUIPMENT CO oil for mini excavator at Discovery Park - qty 4 82.48 01 General Fund WW GRAINGER, INC 220/ batteries, trash can lid, detergent,189.02 Total 01 General Fund 148,654.61 07 Impact Fund MOTOROLA 220/Radio for the BC Quarters, St. 6 5,637.89 Total 07 Impact Fund 5,637.89 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION Reimb: for sidewalk construction costs CDBG CFDA14.253 69,261.65 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION Reimb: for sidewalk procurement costs CDBG CFDA14.253 80,527.53 20 Grant Fund governmental VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 9/21 - 10/20/19 (46.48) Date: 10/31/19 02:00:02 PM Page: 5Meridian City Council Meeting Agenda November 6, 2019 – Page 557 of 610 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 20 Grant Fund governmental 149,742.70 60 Enterprise Fund BOE - Boise Office Equipment Xerox Altalink C8035T2 Color MFP 5,357.00 60 Enterprise Fund BOISE RIGGING SUPPLY Replacement lifting slings (17 qty)250.47 60 Enterprise Fund CENTURYLINK Home Court, Centrex Phone Lines, 10/2019 468.51 60 Enterprise Fund CYNTHIA ADAMS REFUND WT/S/T: 1434 E SAGE HEN CT OWNER AND PROP. MGMT PAID 114.78 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#20-0007, Quarterly Compliance Sampling, Well 32,WO#268950 1,286.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#20-0019, Sampling Arsenic @ Well 32, WO#270406 40.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0368, Single & Dual Port MXU, Qty 13 1,590.96 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0368, Single & Dual Port MXU, Qty 15 1,448.39 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0368, Single & Dual Port MXU, Qty 42 4,858.33 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#20-0052, Single & Dual Port Replacement MXU, Qty567 98,665.02 60 Enterprise Fund FERGUSON ENTERPRISES INC.Tee, flange, & kit for TWAS pump modification (3 qty)269.56 60 Enterprise Fund FISHER SCIENTIFIC Hypochlorile solution (1 cs)372.00 60 Enterprise Fund FISHER SCIENTIFIC pH filling solution (2 pk)207.79 60 Enterprise Fund FISHER SCIENTIFIC Sodium nitroferricyanide (1 qty)109.17 60 Enterprise Fund HACH COMPANY 19-0013 Refund for missing site visit per UVAS contract (1,645.00) 60 Enterprise Fund HACH COMPANY LDO probe sensor cap (1 qty)153.06 60 Enterprise Fund HACH COMPANY Service maintenance agreement on sensors 10/1/19-9/30/20 6,781.20 60 Enterprise Fund HOME DEPOT CREDIT SERVICES 3/4in, 1/2in Cut Off Riser, Qty 4 2.06 Date: 10/31/19 02:00:02 PM Page: 6Meridian City Council Meeting Agenda November 6, 2019 – Page 558 of 610 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 HOME DEPOT CREDIT SERVICES Door sweeps for Collections bldg (4 qty)67.92 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Hose, Squigee, Mop Handle,Broom,Trash Cans,Tool Hanger,Qty10 241.25 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Nuts & bolts (16 qty)6.56 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Pilers, dolly, trash cans, funnels, quick link 5/16 in (10 179.25 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Returned funnels (2 qty)(4.73) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Returned socket rails & drawer liners (22 qty)(179.66) 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Vinyl bumpers for doors & mouse traps for Operations (2 pkgs 5.24 60 Enterprise Fund HYDRO LOGIC INC 19-0119 Water Rights Administration Svc to 9/20/19 4,270.00 60 Enterprise Fund HYDRO LOGIC INC 19-0121 Well 15 Reconstruction Svc to 9/30/19 14,330.66 60 Enterprise Fund HYDRO LOGIC INC 19-0341 Well 20B Assessment and Recon Service to 8/13/19 1,295.00 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards, M. Hinrichs, Qty 1 46.25 60 Enterprise Fund JASON AND KAYLA GRANT REFUND WT/S/T: 1907 N LAWNDALE DR TITLE COMPANY OVERPAID 222.34 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Bainbridge Sub#10-3 sheets 870.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Butte Fence-1 sheet 290.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Fairbourne Sub#1-9 sheets 2,610.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Fairbourne Sub#2-4sheets 1,160.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Sky Mesa Sub#2-3 sheets 870.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 9/1-30/19 Willey Bldg.#3-1 sheet 290.00 60 Enterprise Fund LOCAL HIGHWAY TECHNICAL ASSISTANCE COUNCIL ATSSA flagger certification class in Boise (15 qty) 10/18/19 600.00 60 Enterprise Fund MATTSON DIST CO., INC.HOTSY Annual Service, WO#271554 356.80 Date: 10/31/19 02:00:02 PM Page: 7Meridian City Council Meeting Agenda November 6, 2019 – Page 559 of 610 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 MICHAEL GIBB REFUND WT/S/T: 1143 E RADIANT RIDGE DR TITLE COMPANY OVERPAI 81.90 60 Enterprise Fund MINUTEMAN, INC.Keys for new primary power switches, transformers, (14 qty) 321.30 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Cleaning shaft, 2 direction foot switch (3 qty)945.73 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Nitrile gloves-sizes L, XL, 2XL plus cam-lok dust caps (38 q 794.42 60 Enterprise Fund MURRAYSMITH INC 19-0083 Wtr & Swr Mn Repl - Gregory Lift Station thru 9/30 109.50 60 Enterprise Fund MURRAYSMITH INC 19-0389 Wtr Main Replace - N. Hickory Ave Srv Through 9/30 4,347.00 60 Enterprise Fund MURRAYSMITH INC No PO Wtr Main Repl & Swr Ext - Pine Ave Srv Through 9/30/19 886.50 60 Enterprise Fund MYFLEETCENTER.COM Filter and Oil Change, C15633, WO#257933 35.99 60 Enterprise Fund NAPA AUTO PARTS 3 8DR 1/4in Hexbit Skt, Qty 1 5.31 60 Enterprise Fund NAPA AUTO PARTS Airfilter, De-icer, Towels for C18640 29.76 60 Enterprise Fund NAPA AUTO PARTS Freeze-off penetrant (4 qty)26.40 60 Enterprise Fund NAPA AUTO PARTS Heavy duty FHP belt (2 qty)29.10 60 Enterprise Fund NEIL AND PATRICIA RESNICK REFUND WT/S/T: 844 E REFLECT RIDGE DR AUTO PAY PROCESSED AFT 77.82 60 Enterprise Fund O'REILLY AUTO PARTS Fuel Cap, C10815, WO#271372, Qty 1 13.74 60 Enterprise Fund O'REILLY AUTO PARTS Wiper Blades, C10815, WO#272183, Qty 1 34.18 60 Enterprise Fund OFFICE DEPOT, INC.Dry Erase Board, Expo Markers, Record Book,Rubberbands,Qty14 599.17 60 Enterprise Fund OFFICE DEPOT, INC.Record Book, Qty 20 329.60 60 Enterprise Fund OFFICE VALUE - MERIDIAN Appt Book, Qty 1 27.00 60 Enterprise Fund OFFICE VALUE - MERIDIAN Black Pens, Qty 1 17.99 60 Enterprise Fund OFFICE VALUE - MERIDIAN Hanging folders, mini notebooks, USB drives (12 qty)155.33 Date: 10/31/19 02:00:02 PM Page: 8Meridian City Council Meeting Agenda November 6, 2019 – Page 560 of 610 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 OFFICE VALUE - MERIDIAN Markers, Label Tape,Folder Hanger,Planner,Pencil Holder,Qty7 114.11 60 Enterprise Fund OFFICE VALUE - MERIDIAN Tape, stapler, & toner (3 qty)235.00 60 Enterprise Fund OVERHEAD DOOR COMPANY Annual fire door inspection in Lab bldg 10/14/19 110.00 60 Enterprise Fund OVERHEAD DOOR COMPANY Labor & supplies to adjust tension on doors 10/14/19 142.65 60 Enterprise Fund OXARC, INC.PO#20-0022, Sodium Hypo, Well 19,27,21,25, 2100gl, WO#17494 3,594.00 60 Enterprise Fund OXARC, INC.PO#20-0022, Well 19,27,21, 2035gl, WO#17537 3,484.15 60 Enterprise Fund OXARC, INC.PO#20-0022,Sodium Hypo,Well20,16,14,25,30,22,2100gl,WO#17536 3,468.00 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to install electrial controls of blower (162 qty)933.18 60 Enterprise Fund PLATT ELECTRIC SUPPLY Parts to replace contactor on HVAC in dewatering bldg (2 qty 99.66 60 Enterprise Fund RICOH USA, INC SN#C86250182, Black & White, Color Copies, FY19, Qty 5332 140.74 60 Enterprise Fund RIVERSIDE, INC.Spare motors for biofilters 1 & 2 (critical equip) 2 qty 4,016.26 60 Enterprise Fund ROCKY MOUNTAIN COLLISION Emissions testing on CCTV Van 2 C19267 9.98 60 Enterprise Fund ROCKY MOUNTAIN VALVES & AUTOMATIONS, INC. Valve for pump 1, TWAS, daft 2, control bldg repair (1 qty) 1,367.50 60 Enterprise Fund SIGNS, ETC Reclaimed Water Signs @ Ten Mile, Qty 4 134.80 60 Enterprise Fund SUSAN BAR REFUND WT/S/T: 3446 N JUSTIN AVE CUSTOMER PAID AFTER CLOSING 76.00 60 Enterprise Fund SYNCB/AMAZON 436744967967; Refund for 5 drawer cabinet-rec'd damaged (483.49) 60 Enterprise Fund SYNCB/AMAZON 437685548998; Swiffer Dusters, Qty 2 29.96 60 Enterprise Fund SYNCB/AMAZON 446833897655; Glass White Board, Qty 1 382.44 60 Enterprise Fund SYNCB/AMAZON 465744474689; Returned 5 drawer cabinet-rec'd damaged (483.49) 60 Enterprise Fund SYNCB/AMAZON 466834997789; Div, shelf door, back for new van (12 qty) 3,780.37 Date: 10/31/19 02:00:02 PM Page: 9Meridian City Council Meeting Agenda November 6, 2019 – Page 561 of 610 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 186,945.91 Report Total 490,981.11 Date: 10/31/19 02:00:02 PM Page: 11Meridian City Council Meeting Agenda November 6, 2019 – Page 563 of 610 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 554499877579; Screen, 2 dr cab, & 4 shlf unit for van(4 qty) 1,284.61 60 Enterprise Fund SYNCB/AMAZON 688457378888; HDMI Adapter 10 pack, Benfei DP Display Port 6.49 60 Enterprise Fund SYNCB/AMAZON 864384934896;batteries, 2 cordless mice (S.Allen, C.Krausch) 19.99 60 Enterprise Fund ULINE, INC.Milk Crates, Wall Container, Steel Shelving Unit, Qty 16 1,455.38 60 Enterprise Fund ULINE, INC.Plastic stackable bins for inventory (24 qty)85.70 60 Enterprise Fund USA BLUEBOOK 2in Meter Flange Gasket, Qty 50 154.33 60 Enterprise Fund USA BLUEBOOK 7-day circular chart paper (1 bx)65.58 60 Enterprise Fund USA BLUEBOOK Marking Paint, Blue, Hach Free CL2 Handheld Dispenser, Qty5 349.51 60 Enterprise Fund USA BLUEBOOK Marking Paint, Purple, Blue, Qty 3 211.68 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data Plan #1, 9/21 - 10/20/19 1,678.30 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 9/21 - 10/20/19 2,644.02 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Data Plan #2 - 9/21 - 10/20/19 136.64 60 Enterprise Fund VICTORY GREENS SOD for 1050 Cougar Creek, WO#270407, Qty 40sf 11.60 60 Enterprise Fund VWR INTERNATIONAL LLC.Autoclave timer (1 qty)216.99 60 Enterprise Fund WADE AND CHRISTINA CARLSEN REFUND WT/S/T: 3144 N VALAM AVE CUSTOMER PAID AFTER CLOSING 70.27 60 Enterprise Fund WESTERN EXTERMINATOR COMPANY Pest control for mice problem in Collection bldg 10/16/19 225.00 60 Enterprise Fund WW GRAINGER, INC Spray bottles (5 qty)22.95 60 Enterprise Fund WW GRAINGER, INC Submersible pump (1 qty)69.84 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7658362 monthly copier lease for Sept 2019 138.82 60 Enterprise Fund XYLEM WATER SOLUTIONS USA, INC Flyght float switch leakage detector (1 qty)222.47 Date: 10/31/19 02:00:02 PM Page: 10Meridian City Council Meeting Agenda November 6, 2019 – Page 562 of 610 EIDIANIZDAHO ,+- CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 4 Item Title: Items Moved From Consent Agenda Meeting Notes: EIDIAN.,+DAHO -- CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 5 A Item Title: Fire Department Report: Approval of Change Order For 4 Fold Doors Station #6 Meeting Notes: [Dqll AFP4Qu�� Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org October 23, 2019 MEMORANDUM TO: Mayor and City Council Members CC: Stacy Redman FROM: Meridian Fire Department RE: Station 6 Four Fold Doors Change Order Update Seeking council approval for a Change Order for Four Fold Doors, for Meridian Fire Station No.6. City cost not to exceed $69,478.94 for the purchase and construction of the Four Fold Doors (quotes are attached) Change Order for doors will be funded out of Station 6 contingency for construction. City Council approval is required prior to purchase and construction of the Four Fold Doors. Meridian City Council Meeting Agenda November 6, 2019 – Page 565 of 610 I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Chief M ark Niemeyer Estimated Time f or P resentation: 10 Title of I tem - F ire D epartment Report: Approval of C hange Order for F our F old Doors for F ire Station 6 Seeking council approval for a C hange Order f or F our F old D oors, for Meridian F ire Station No.6. AT TAC HM E NT S: Description Type Upload D ate Memo to Council Cover Memo 10/23/2019 Q uote Cover Memo 10/23/2019 Change Order Findings/Orders 10/31/2019 Change Order Signed Findings/Orders 10/31/2019 Meridian City Council Meeting Agenda November 6, 2019 – Page 564 of 610 B. Sale of artwork. Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artists' work; any transaction related to the sale of artwork shall be handled solely by Artists. Artists acknowledge the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artists may remove such artwork from the Gallery, provided that Artists replace the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artists shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artists shall provide services described in this Agreement in a timely manner, as described herein. Artists acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artists shall coordinate any and all such activity with the Gallery Curator. Artists shall be responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal, publicity, and promotion of the exhibit. Artists' failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artists for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artistss issued for Initial Point Gallery, and the Application and Acknowledgements Form, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2 WwAIA Document G701"' - 2011 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Meridian Fire Station #6 Contract For: Fire Station Change Order Number: 04 Overland Rd and Locust Grove Date: 3/22/2018 Date: 10/31/2019 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Meridian Rice Ferus Miller & Pivot North Design Engineered Structures, Inc. 3330 E Louise Dr, Ste 300 Meridian, TD 83642 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change DireelAws) PR 14 64,605.23 Four Fold Door OH&P: 4,873,71 Insurance 1321.76 Bond 483.20 FEE 3068.75 Change Order 04 Total 69,478.94 The original Guaranteed Maximum Price was $ 4,404,554.00 The net change by previously authorized Change Orders $ 41,949.33 The Guaranteed Maximum Price prior to this Change Order was $ 4,446,503.33 The Guaranteed Maximum Price will be increased by this Change Order in the amount of $ 69,478.94 The new Guaranteed Maximum Price including this Change Omer will be $ 4,515,982.27 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion mill be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive, NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER, Pivot North Architecture Eneineered Structures, Inc, C34— PXlO11 a v -N ARCHITECT (Firm name) SIGNATURE Gunnar Gladics- Project Manager PRINTED NAME AND TITLE 10/31/19 DATE CONTRACTOR (Firm name) C 51GNATURE Nick Ploetz - Proiect Manager PRINTED NAME AND TITLE 10/31/2019 DATE amm W 11 MOT PRINTED NAME AND TITLE a-to-�(�lal DATE AIA Document 4701 ru — 2017. Copyright © 1979, 1987, 2000, 2001 and 2017 by The American Institute of Architects. AH rights reserved. WARNING: Thle AiA' Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAa Document, or any portion of it, may result In severe civil and Criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by RIA software at 11:42:40 ET on 10131/2019 under Order No. 1036479287 which expires on 09/1812020, and is not for resale. User Notes: (389ADA4D) GENERAL CONTRACTORS & CONSTRUCTION MANAGERS 3330 E Louise Dr Ste 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com CHANGE ORDER REQUEST #18 Owner: CITY OF MERIDIAN Date: 10/21/19 33 E BROADWAY ST; SUITE 102 MERIDIAN, ID 83642 ESI Contract No.: 1010 - Project: City of Meridian Fire Station #6 - Meridian, ID 1435 W Overland Rd Meridian, ID 83642 PR 14 Four Fold Door - - - - - - - ------ -- - ---- - ---- -------------- ---- ------------------------- - -------------- ------ -- --- 1 PR 14 BB Steel 2,163.00 ---------------- --- -- — ---- —-......------- ----- - ----- - ---- --- - --------- 2 PR 14 ESI Concrete -1,560.77 Delete Bollards North App Bay Doors ------------------ - --------------- — - - - -------------- ------------------ -- — -- ------ -- - --- - 3 PR 14 Merit -129.00 Deletion 4 Bollards - --- -- ---- ----- ------------ — - - - -- - ----- — -- — - - - -- --- - -- -- 4 PR 14 Overhead Door 60,290.00 - - ------------------------------ —------------------ ------ - - - - --- - - --- - 5 PR 14 PwrPlus 3,842.00 Total Estimated Cost of Included Items: 64,605.23 0.7140 % - Bond: 483.20 1.9300 % -Insurance: 1,321.76 4.7500 % - OHP: 3,068.75 Total CHANGE ORDER REQUEST 18: 69,478.94 Following approval of this CHANGE ORDER REQUEST, a Change Order will be submitted to amend the Contract Sum and/or Contract Time a approved. • Schedule Impact (0) Day • For breakdown on subcontract items, see attached proposals • Additional Building Permit Fees are not included Acknowledged By: CONTRACTOR CONSULTANT »__�,� OWNER By:_I"`� By: By: Title: Project Manager Title: Title:- Maio Gunnar Gladics Date:: 10/21/19 Date:: Date:: "Experience ... Service ... Integrity" LICENSES: AK, AR, AZ, CA, CO, CT, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TX, UT, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC -29254 ID RCE -3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINSI152K2 WV 47456 GENERAL CONTRACTORS & CONSTRUCTION MANAGERS 3330 E Louise Dr Ste 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com CHANGE ORDER REQUEST #18 Owner: CITY OF MERIDIAN Date: 10/21/19 33 E BROADWAY ST; SUITE 102 MERIDIAN, ID 83642 ESI Contract No.: 1010 - Project: City of Meridian Fire Station #6 - Meridian, ID 1435 W Overland Rd Meridian, ID 83642 PR 14 Four Fold Door 1 PR 14 BB Steel 2,163.00 ----------------------------- -- ............................... 2 PR 14 ESI Concrete -1,560.77 Delete Bollards North App Bay Doors ..------- - ------------------------ ---- ---- ----- - - - - 3 PR 14 Merit -129.00 Deletion 4 Bollards -------------- ----- — --- - - ---------------------— - ------ ---------- ----------- - ------ 4 PR 14 Overhead Door 60,290.00 ---- ........ —------------- - - - ------ ------------------------ - ------ --- 5 PR 14 PwrPlus 3,842.00 Total Estimated Cost of Included Items: 64,605.23 0.7140 % - Bond: 483.20 1.9300 % - Insurance: 1,321.76 4.7500 % - OHP: 3,068.75 Total CHANGE ORDER REQUEST 18: Following approval of this CHANGE ORDER REQUEST, a Change Order will be submitted to amend the Contract Sum and/or Contract Time a approved. • Schedule Impact (0) Day • For breakdown on subcontract items, see attached proposals • Additional Building Permit Fees are not included Acknowledged By: CONTRACTOR CONSULTANT OWNER By: By: Title: Project Manager Title: Title: Date:: 10/21/19 Date:: Date:: "Experience ... Service ... Integrity" LICENSES: AK, AR, AZ, CA, CO, CT, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TX, UT, Vi, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 CT 902484 HI BC -29254 ID RCE -3108 NM 88125 NV 24265B OR CCB 77160 WA ENGINS1152K2 WV 47456 69,478.94 v Document. G709TM - 2018 Proposal Request PROJECT: (name and address) Meridian Fire Station #6 1435 W Overland Road Meridian, ID 83642 OWNER: (name and address) City of Meridian c/o Meridian Fire Department 33 E Broadway Ave CONTRACT INFORMATION: Contract For: General Construction Date: December 12, 2017 ARCHITECT: (name and address) Rice Fergus Miller 275 5th St 111100 Bremerton, WA 98337 Architect's Project Number: 17-047 Proposal Request Number: 014R1 Proposal Request Date: October 11, 2019 CONTRACTOR: (name and address) Engineered Structures, Inc 3330 E Louise Dr. Suite 300 Meridian, ID 83642 Meridian, ID 83642 The Owner requests an itemized proposal for changes to the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. The Contractor shall submit this proposal within twenty (20) days or notify the Architect in writing of the anticipated date of submission. (Insert a detailed description of the proposed modifications to the Contract Documents and, if applicable, attach or reference specific exhibits) ITEM 1: Four Fold Doors Initiating Party- Owner Initiating Event- Owner on 9/5/19 sent email confirming to proceed creating PR for four fold doors. Other Initiating Documents- RFI #0022 was initiated on 04/03/19 in regards to locating interior bollards at doors 127a and 127b so they were not in conflict with the possibility of adding four fold doors in the future. PR #004 was created on 04/18/19 locating future four fold door pedestals. PR #006 was created on 04/30/19 adding conduit and power connections to future four fold door pedestals. (UPDATE 10/11/19) RFI 35 was initiated on 04/22/19 asking for additional support steel for the sectional doors due to the storefront windows above the doors. On 06/17/19, Pivot North and KPFF respond to RFI 35 with sketch of the additional overhead door support. Purpose of Change- Provide Owner pricing for the addition of four fold doors in lieu of sectional doors on the North side of Apparatus Bay. Outcome- Cost- Likely Increase Time- No Change Narrative - Adding four fold doors in lieu of sectional doors on the North side of Apparatus Bay. RE: attached drawings, PR # 004, and PR #006. (UPDATE 10/11/19) RE: attached RFI 35 response and sketch. Drawings - Architectural Sheet A2.01 - LEVEL 1 - COMPOSITE FLOOR PLAN & ENLARGED PLANS Replaced Sectional Doors with Four Fold Doors for Doors 127a and 127b Deleted Interior bollards at Doors 127a and 127b Added detail callout El/A8.92 Added Note 9.12 Refer to PR #004 and PR #006 Sheet A3.01 - BUILDING ELEVATIONS Replaced Sectional Doors with Four Fold Doors in elevation detail B3/A3.01 Sheet A3.10 - BUILDING SECTIONS Deleted Sectional Doors Track in section detail C1/A3.10 Sheet A4.11 - EXTERIOR WALL SECTIONS Added detail callout B5/A7.92 in wall section C6/A4.11 Sheet A7.01 - DOORS SCHEDULE & TYPES AIA Document G7097" —2018. Copyright ® 1993, 2001 and 2018 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:57 ET on 10/11/2019 under Order No. 8356669148 which expires on 12/15/2019, and Is not for resale. User Notes: (21HADA66) Added Door Type OH -2 Revised Doors 127a and 1276 in door schedule to door type OH -2 Sheet A7.92 - FRAME DETAILS Added Details 133/A7.92 and 135/A7.92 Added Note 8.07 Sheet A8.92 - INTERIOR DETAILS Added Detail E1/A8.92 Added Notes 3.05, 5.27, 5.28, 5.29, 7.21, 8.08, 8.09, 8. 10, and 26.10 Structural Sheet S7.50 - STEEL DETAILS Details #9 and #10 were added to show how the four fold door attaches to the overhead HSS and CMU wall (UPDATE 10/11/19) RE: attached RFI 35 for overhead door support detail Electrical Sheet E1.21 -LEVEL 1 POWER PLAN Revise power connections to two (2) four fold garage doors as indicated Add 120V connections to two (2) four -fold garage door controllers Refer to PR 11006 for additional information regarding pedestal interface with door controllers Sheet E3.01 - ELECTRICAL PANEL SCHEDULES Add loads to Panel G1 as indicated THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE, OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. REQUESTED BY THE ARCHITECT: Gunnar Gladics, Project Manager PRINTED NAME AND TITLE AIA Document G709TM - 2018. Copyright®11993, 2001 and 2018 by The American Institute of Architects. All rights reserved. WARNING: Trus AiA- Document Is protected by U.S. Copyright Law and International Treatlos. Unauthorized reproduction or distribution of this AIA° Document, or any 2 portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:57 ET on 10/11/2019 under Order No. 8356669148 which expires on 12115/2019, and is not for resale. (369ADA66) User Notes: REQUEST FOR INFORMATION (Response) Meridian Fire Station #6 1435 West Overland Road Meridian, Idaho 83642 Subject: Sectional Door Support Steel at head Initiator: Engineered Structures Inc. - 0032 Completed By: Richard Carlos (Pivot North Architecture) Information Requested: RFI Number: 0035 Status: Completed Impact: Cost Date Submitted: 4/22/2019 Date Required: 4/29/2019 Date Completed: 6/17/2019 Based on shop drawings and product limitations, the sectional doors at the App Bays will require additional support steel due to the storefront windows above the doors. Please provide details for this steel per coordination between Overhead Door and Pivot North. Response: Please see attached SSK-02. RE: Attachment for comments by Structural and Architect. Richard Carlos �o JO U) 11 Z JnJ O =W J _ D L W� UO C J U) Q — Z D 30 Z) ry �-- W - 0 Q J w or ��-O U L - =U U) Q A<LL] OQ jjC/) C/) j00 ry UD x. x �w �W :E CL 10, V f I WL i 0 WL La o �i M o z �0 a v co z c �. z a toLLI a cocnco �xx 10, V f I CA � O w m 0-Q w _jQwZ W (A Z Jaw(n O0li" H p Z W W U Qli2 O IY 0 Up X z �g W m w _0 w FLs �E w C) a crow „o-, G � 'a103a sv a,tD3a sv WZ K Om= W J U 60 O I I co t ry 0 I1 �� /1 L.L. 0 0 TW Ni D. Meridian Fire Station #6 1435 West Overland Road Meridian, Idaho 83642 REQUEST FOR INFORMATION (Initial Submission) #0035 Subject Sectional Door Support Steel at head Initiator: Engineered Structures Inc. - 0032 Information Requested Impact: Cost Date Submitted: 4/22/2019 Date Required: 4/29/2019 Based on shop drawings and product limitations, the sectional doors at the App Bays will require additional support steel due to the storefront windows above the doors. Please provide details for this steel per coordination between Overhead Door and Pivot North. BSB STEEL ERECTORS "Building the West Since 1977" CHANGE ORDER PROPOSAL DATE: October 17, 2019 TO: Engineered Structures, Inc. Attn: Nick PROJECT: Meridian Fire Station #6, Meridian, Idaho SUBJECT: PR #14: Supply and Install (4) Four -Fold Door Control Pedestals per E1/A8.92 Provide labor, equipment, hoisting and supplies to install the following items in accordance with the AISC Code of Standard Practice and the Plans and specifications prepared by Pivot North Architecture including PR #14 dated 9/19/19. INCLUDES: Supply and install (4) new Four -Fold Door Control Pedestals per added detail E 1 /A8.92. EXCLUSIONS: None Pricing Breakdown: Install labor = 8 Hrs x $65/Hr. _ $ 520.00 Steel Supply = $1,400.00 Supplies = (16) Hilti Anchors = $ 46.00 10% OH & Profit = $ 197.00 Total C.O. Price = $2,163.00 Submitted By: Todd A. Bloom President CHANGE PROPOSAL REQUEST 1.PROJECT Fire Station #6 2.CONTRACTOR ESI 3.PROJECT NO. J3331-010 Change Proposal # C1#05 5.CONTRACT NO: J3331-010 &PROPOSAL DATE 16 -Oct -19 DESCRIPTION OF CHANGE: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 10% Time Extention Requested 0 working day $ $ $ $ (598.88) (820.00) (141.89) (1,560.77) B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 10 PERCENT: $ - CONTRACTORS BOND COST C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+135) $ (1,560.77) ESI CONCRETE CONTRACTOR NAME Garrett Turpin Garrett Turpin PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1 ESI CONCRETE Change Proposal Request # CI#05 Date: 16-Oct-19 Scope of change: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. LABOR Superintendent Hours 0.00 Labor Rate w/Fringe $ 77.00 0.00 Foreman Hours -3.20 Labor Rate w/Fringe $ 52.05 -166.56 Carpenter/Cement Mason Hours -11.20 Labor Rate w/Fringe $ 35.00 -392.00 Laborer Hours -1.60 Labor Rate w/Fringe $ 25.20 -40.32 Subsistence Hours 0.00 Geographical Rate $ 12.50 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES - -$598.88 MATERIAL Material listed below or from attached detailed material sheets - -820.00 Other direct material not specifically included in detailed take-off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER -$820.00 EQUIPMENT Equipment Description Conc Pump Est Usage 0 Rate 14 0.00 Equipment Description SKID STEER Est Usage 0 Rate 0 0.00 Equipment Description AIR COMPRESSOR Est Usage 0 Rate 0 0.00 Equipment Description JACKHAMMER Est Usage 0 Rate 0 0.00 Equipment Description Est Usage Rate 0 0.00 Equipment Description Est Usage Rate 0 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 Page 1 ESI CONCRETE Change Proposal Request # CI#05 Date: 16 -Oct -19 Scope of change: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. Description Quantity Unit I Labor Material Hrs/Unit Hours $/Unit Cost Interior Bollard Deleted -4.00 EA 4.00 0.00 -16.00 205.00 0.00 -820.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Hours -16.00 Mat'I -820.00 Page 1 111fERIT 1 �1 PROFESSIONAL COATINGS, INC. 1865 Wildwood St • Boise, Idaho 83713 Phone: (208) 501-8173 • (208) 501-8143 • Fax: (208) 501-8401 Offices in Boise, Tampa, Houston, & Charleston, SC Public Works Licensed (017856-B-4) and Bonded Idaho Contractors Board RCE- 36317 EMAIL PROPOSAL TO: Nick Ploetz FROM: Roy Thompson DATE: 09/23/19 RE: Meridian Fire Station 6 — PR14 Scope of Work: - Credit for deletion of four bollards, paint scope, per PR14 Qualifications: N/A Total Estimate — -$129.00 Thank you for the opportunity to hopefully be of service. Please call if you have any questions. Overhead Door Inc. 621 Allumbaugh Ln. Boise ID 83704 (208)375-0137 Fax: (208)377-0848 The Genuine. The Original. /� ,• Ag • �• '�. Proposal #: 1-1763 PROPOSAL SUBMITTED TO: Date Attention ESI 9/23/2019 Nick STREET Job Name ESI City State ZipCode Job Location Meridian Fire #6 Phone Number Fax Number 1 Job Phone 208.362.3040 208.362.3040 FURNISH NECESSARY MATERIAL AND LABOR TO ACCOMPLISH THE FOLLOWING: Change (2) 14'x 14' Sectional Overhead Doors to Four Fold Doors. Sectional overhead door and operator credit.(2) 14'x 14' 596 series. $ -13,340.00 ( Door Engineering Four Fold Product ) Price to provide and install (2) Four Fold Doors project. Labor $ 4,333.00 Equipment $ 3,700.00 Material $ 65,597.00 Total $ 73,630.00 Current lead time 8-10 weeks. 14'x 14'. Price based on door specs from Boise Fire #9 We hereby propose to complete in accordance with above specification, for the sum of: Signature Patrick Tomisser Commercial Sales & Service Direct Dial: (208)794-6042 I Payment to be made as follows: Prices subject to change if not accepted in 30 days. BY OTHERS: Jambs, spring pads, all wiring to motors and control stations, unless otherwise stated above, are not included. Purchaser agrees that doors shall remain in Seller's posession until paid in full. In the event Purchaser breaches or defaults under the terms and provisions of this Agreement, the Purchaser shall be responsible for the costs of collection, including reasonable attorneys' fees. There shall be a 1 1/2% service charge per month for all payments due and owing after 30 (days. (Agreements are contingent upon strikes, accidents, or delays beyond our control.) Page 1 of 2 (Continued on next page ... ) Price Proposal for ESI by Overhead Door Inc. Proposal Number 1 - 1763 Job Name: ESI ACCEPTANCE: Terms, Price, and specifications on all pages of this proposal are hereby accepted and the work authorized. Purchaser: Signature Title Date of Acceptance Page 2 of 2 I D POWER 25 Hartman SL Boise, Idaho 83704 (208) 323-1506 •0 \\\�\\\\\\\\ ELECTRICAL CONTRACTORS"workinQfogiveyouPOWWON LUSSERVIC£..." CHANGE ORDER SUMMARY Job Name MERIDIAN FIRE STATION #6 Job Number 1561 Contractor POWER PLUS INC. Estimator ALAN Notes PR -14 D ate 912412019 Summary Description 120V CIRCUITS, RACEWAY,BOXES, TO FOUR -FOLD DOORS Material $ 569.59 Direct Labor Units 44.64 Indirect Labor Units 4 Labor Rate $ 56.00 Supplier Quotes Total $ - Supplier Quotes $ - Materials Total $ 569.59 Sub Total $ 569.59 Taxes $ 34.18 Permits and Fees $ 66.55 Sub Contractors $ - Equipment Rentals Labor Cost $ 2,723.84 Sub Total $ 3,394.16 WE & MM $ 98.26 Sub Total $ 3,492.42 Overhead 10% $ 349.24 Sub Total $ 3,841.66 Profit o% $ - Total $ 3,841.66 Change Order Total $ 3,842.00 Supplier Total Supplier Quotes Total $ - Sub Contractor Total Total $ - 9 n n n n n nt M 0 0 0 0 c ro o 0 0 0 - - - - - - (Aa) a, t (X o- o- -r'�' W W W W N N W W O O f0 7 Z Z n n n to n 0 0 0 0 W M W W -. W W W W V 0 0 Ln n n to �'. C m �^ N O w V O W O W O V V m Ln W O Ni W M Um b M I.nO [D p 3 3 �C 74. CL cn C — O. W Q. W (D A Q LLo A A a1 W LD w w O1 O � N V O. O Lo O. .-. m -p„ rD G, _.m C .. w N N A A W W n Z 00 ` T -+ m W S Li G1 Gl C1 cin iii ` ` W W 7 7 n O cu 3 (D O OJ C} 0? a7 W 07 tp W W .AA AA A A = O O C N fD n 'C C m _ II7 C° T i m m rn m M m n m r. d O M a• ° W Z m< D7 m z N S'c x -i -i --i -� -� - I ..� 0 Q Q O ro z 7 x n Ux n �x n O O O O °c C n `c m c ro n m s O w OC w °7 N m Z c c Z Z ° v o Z �o m O s Ln a C Imo C Q r to f v' N N n y Cr 3 z LU D -I n mm A p r c rn Q = D r 3 a- T cr CD p t.0 N N O ( M Ln A tAJ9 .F O N N N N [V !V W O N A N (V iV IJI W N N r S o 0 0 o S o S S S S o S o 0 o S o a S S a :3 ro e. n 0 V w 4A w 4A 4A 4A 4^ -4 4A A^ -6w awn A^ +00% 3 n' p {A 4 iA 47 N N Co V W A A W W W WN M fp lD O W O Op — Ln O V m wwp m N LPI w N W Gl W W w W >> Ln v 0 Ul O 00) O CO S O 0 0 0 0 0 m O S O Ln LVn LnC, L m m n m n n n n n n n n n n n n n n m m c i- V7 4A iA N W r-4 V1 F-4 Vi iA 4A bh {A kA !A b9 V: Vi -+ iN iA iA O b1°r W w W �! 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LO O •M, N a A n N _T � O [U ; � LO M A O d m a r�o v ® -, g Document G701 2011 Change Order PROJECT: (Name and address) CONTRACT INFORMATION: CHANGE ORDER INFORMATION: Meridian Fire Station #6 Contract For: Fire Station Change Order Number: 04 Overland Rd and Locust Grove Date: 3/22/2018 Date: 10/31/2019 OWNER: (Name and address) ARCHITECT: (Name and address) CONTRACTOR: (Name and address) City of Meridian Rice Ferus Miller & Pivot North Design Engineered Structures, Inc. 3330 E Louise Dr, Ste 300 Meridian, IU 83642 THE CONTRACT IS CHANGED AS FOLLOWS: (Insert a detailed description of the change and, if applicable, attach or reference specific exhibits. Also include agreed upon adjustments attributable to executed Construction Change Direclives,) PR 14 64,605.23 Four Fold Door OH&P: 4,873,71 Insurance 1321,76 Bond 483.20 FEE 3068.75 Change Order 04 Total 69,478,94 The original Guaranteed Maximum Price was $ 4,404,554.00 The net change by previously authorized Change Orders 11 41,949.33 The Guaranteed Maximum Price prior to this Change Order was 11 4,446,503,33 The Guaranteed Maximum Nee will be increased by this Change Order in the amount of $ 69,478.94 The new Guaranteed Maximum Price including this Change Order will be $ 4,515,982.27 The Contract Time will be increased by Zero (0) days. The new date of Substantial Completion will be NOTE: This Change Order does not include adjustments to the Contract Sum or Guaranteed Maximum Price, or the Contract Time, that have been authorized by Construction Change Directive until the cost and time have been agreed upon by both the Owner and Contractor, in which case a Change Order is executed to supersede the Construction Change Directive, NOT VALID UNTIL SIGNED BY THE ARCHITECT, CONTRACTOR AND OWNER, Pivot North Architecture ARCHITECT (Firm name) SIGNATURE Gunnar Gladics- Project Manager PRINTED NAME AND TITLE 10/31/19 DATE Enfrineered Structures, Inc, CONTRACTOR (Firm name) SIGNATURE Nick Ploetz - Proiect Manager PRINTED NAME AND TITLE 10/31/2019 DATE OWNER (Firm name) SIGNATURE PRINTED NAME AND TITLE DATE AIA Document 0701 TM —2017. Copyright© 1979, 1987, 2040 , 2001 and 2017 by The American Institute of Architects. All rights reserved. WARNING: Thla AIA" Document is protected by U.S. Copyright taw and International Treaties. UnnuthorUed reproduction or distribution of this AIA' Document, or any portion of it, may result In severe civil and Criminal penatties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:42:40 ET on 1013112019 under Order No. 1036479287 which expires on 09/18M20, and Is not for resale. User Notes: (389ADA4D) GENERAL CONTRACTORS & CONSTRUCTION MANAGERS 3330 E Louise Dr Ste 300, Meridian, ID 83642 Phone (208) 362-3040 FAX (208) 362-3113 www.esiconstruction.com CHANGE ORDER REQUEST #18 Owner: CITY OF MERIDIAN Date: 10/21/19 33 E BROADWAY ST; SUITE 102 MERIDIAN, ID 83642 ESI Contract No.: 1010 - Project: City of Meridian Fire Station #6 - Meridian, ID 1435 W Overland Rd Meridian, ID 83642 PR 14 Four Fold Door ..... ... ..... .....---------- ----- -------- .... 1 PR 14 BB Steel 2,163.00 ... ----- --- - ...... --------- ---------------- .... -....... 2 PR 14 ESI Concrete 1,560.77 Delete Bollards North App Bay Doors -- ----- ---- ------ ...... ------- . . ....... . . .... ... .... ... ---------- - -- 3 PR 14 Merit 129.00 Deletion 4 Bollards ------ - ---- . - ---------- - - ---- - -- -- 4 PR 14 Overhead Door 60,290.00 -- ------- ----- .....--- -- - - .... ....------- ...... -- -- .... 5 PR 14 PwrPlus 3,842.00 Total Estimated Cost of Included Items: 64,605.23 0.7140 % - Bond: 483.20 1.9300 % - Insurance: 1,321.76 4.7500 % - OHP: 3,068.75 Total CHANGE ORDER REQUEST 18: Following approval of this CHANGE ORDER REQUEST, a Change Order will be submitted to amend the Contract Sum and/or Contract Time a approved. . Schedule Impact (0) Day • For breakdown on subcontract items, see attached proposals " Additional Building Permit Fees are not included Acknowledged By: CONTRACTOR CONSULTANT ..,9 OWNER By:_� _ By. By: Title: Project Manager Title: Title: Gunnar Gladics Date:: 10/21/19 Date:: Date:: "Experience ... Service ... Integrity" LICENSES: AK, AR, AZ, CA, CO, CT, HI, IA, ID, IL, IN, KS, KY, LA, MA, MD, ME, MN, MO, MT, ND, NE, NV, NM, OH, OK, OR, PA, SC, SD, TX, UT, VT, WA, WI, WY AK 27938 AZ ROC 132139 CA 696242 C-1`902484 HI BC -29254 ID RCE -3108 NM 88125 NV 242658 OR CCB 77160 WA ENGIN51152K2 WV 47456 69,478.94 11A IA Document. G709TM- 2018 Proposal Request PROJECT: (name and address) Meridian Fire Station #6 1435 W Overland Road Meridian, ID 83642 OWNER: (name and address) City of Meridian c/o Meridian Fire Department 33 E Broadway Ave Meridian, ID 83642 CONTRACT INFORMATION: Contract For: General Construction Date: December 12, 2017 ARCHITECT: (name and address) Rice Fergus Miller 275 5th St #100 Bremerton, WA 98337 Architect's Project Number: 17-047 Proposal Request Number: 014R1 Proposal Request Date: October 11, 2019 CONTRACTOR: (name and address) Engineered Structures, Inc 3330 E Louise Dr. Suite 300 Meridian, ID 83642 The Owner requests an itemized proposal for changes to the Contract Sum and Contract Time for proposed modifications to the Contract Documents described herein. The Contractor shall submit this proposal within twenty (20) days or notify the Architect in writing of the anticipated date of submission. (Insert a detailed description of the proposed modifications to the Contract Documents and, if applicable, attach or reference specific exhibits) ITEM 1: Four Fold Doors Initiating Party- Owner Initiating Event- Owner on 9/5/19 sent email confirming to proceed creating PR for four fold doors. Other Initiating Documents- RFI #0022 was initiated on 04/03/19 in regards to locating interior bollards at doors 127a and 127b so they were not in conflict with the possibility of adding four fold doors in the future. PR #004 was created on 04/18/19 locating future four fold door pedestals. PR #006 was created on 04/30/19 adding conduit and power connections to future four fold door pedestals. (UPDATE 10/11/19) RFI 35 was initiated on 04/22/19 asking for additional support steel for the sectional doors due to the storefront windows above the doors. On 06/17/19, Pivot North and KPFF respond to RFI 35 with sketch of the additional overhead door support. Purpose of Change- Provide Owner pricing for the addition of four fold doors in lieu of sectional doors on the North side of Apparatus Bay. Outcome- Cost- Likely Increase Time- No Change Narrative - Adding four fold doors in lieu of sectional doors on the North side of Apparatus Bay. RE: attached drawings, PR # 004, and PR #006. (UPDATE 10/11/19) RE: attached RFI 35 response and sketch. Drawings - Architectural Sheet A2.01 - LEVEL I - COMPOSITE FLOOR PLAN & ENLARGED PLANS Replaced Sectional Doors with Four Fold Doors for Doors 127a and 127b Deleted Interior bollards at Doors 127a and 127b Added detail callout EI/A8.92 Added Note 9.12 Refer to PR #004 and PR #006 Sheet A3.01 - BUILDING ELEVATIONS Replaced Sectional Doors with Four Fold Doors in elevation detail B3/A3.01 Sheet A3.10 - BUILDING SECTIONS Deleted Sectional Doors Track in section detail C1/A3.10 Sheet A4.11 - EXTERIOR WALL SECTIONS Added detail callout B5/A7.92 in wall section C6/A4.11 Sheet A7.01 - DOORS SCHEDULE & TYPES AIA Document G709- —2018. Copyright 01993, 2001 and 2018 by The American Institute of Architects. All rights reserved. WARNING: This AIA® Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAm Document, or any portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:57 ET on 10/11/2019 under Order No, 8356669148 which expires on 12/15/2019, and is not for resale. U(3B9ADA66) User Notes: Added Door Type OH -2 Revised Doors 127a and 127b in door schedule to door type OH -2 Sheet A7.92 - FRAME DETAILS Added Details B3/A7.92 and 135/A7.92 Added Note 8.07 Sheet A8.92 - INTERIOR DETAILS Added Detail E1/A8.92 Added Notes 3.05, 5.27, 5.28, 5.29, 7.21, 8.08, 8.09, 8. 10, and 26.10 Structural Sheet S7.50 - STEEL DETAILS Details #9 and #10 were added to show how the four fold door attaches to the overhead HSS and CMU wall (UPDATE 10/11/19) RL: attached RFI 35 for overhead door support detail Electrical Sheet E1.21 - LEVEL 1 POWER PLAN Revise power connections to two (2) four fold garage doors as indicated Add 120V connections t0 IWO (2) four -fold garage door controllers Refer to PR 006 for additional information regarding pedestal interface with door controllers Sheet E3,01 - ELECTRICAL PANEL SCHEDULES Add loads to Panel G1 as indicated THIS IS NOT A CHANGE ORDER, A CONSTRUCTION CHANGE DIRECTIVE, OR A DIRECTION TO PROCEED WITH THE WORK DESCRIBED IN THE PROPOSED MODIFICATIONS. REQUESTED BY THE ARCHITECT: Gunnar Gladics, Project Manager PRINTED NAME AND TITLE AIA Document G709TM —2018. Copyright 01993, 2001 and 2018 by The American Institute of Architects. All rignts reservea. -mr-1— -1* Document Is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AWD Document, or any portion of It, may result In severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:52:57 ET on 10/11/2019 under Order No. 6356669148 which expires on 12115/2019, and is not for resale. (3B9ADA66) User Notes: REQUEST FOR INFORMATION (Response) Meridian Fire Station #6 1435 West Overland Road Meridian, Idaho 83642 Subject: Sectional Door Support Steel at head Initiator: Engineered Structures Inc. - 0032 Completed By: Richard Carlos (Pivot North Architecture) Information Requested: RFI Number: 0035 Status: Completed Impact: Cost Date Submitted: 4/22/2019 Date Required: 4/29/2019 Date Completed: 6/17/2019 Based on shop drawings and product limitations, the sectional doors at the App Bays will require additional support steel due to the storefront windows above the doors. Please provide details for this steel per coordination between Overhead Door and Pivot North. Response: Please see attached SSK-02. RE: Attachment for comments by Structural and Architect. Richard Carlos ry —10---- C) (-) co w xa w w wF Val MW O 00 ('') a L.L. 0 0— n ♦♦D v, L.L 0 0 n 0 W i ry VJ LU Ow°o- a Q w Q Q Q co Q W Z L1J=♦=�Ur U vJ Z Q w 2 co ZOo¢ O_ LL LL O Z W W V Q122. wg a� w U LL XVW 1.0-.l L 'o,oaa sv Grua sv a � fV V u z Q X a o — Z X X a W O- M �mm EL M x x Grua sv a � fV V Q X a o 0 X X 2 J a_ z EL M I I MR 0 0 z�: W�ae O m Mx w U U) m a FV a ry 0 U) 00-0 0 0 W Meridian Fire Station #6 1435 West Overland Road Meridian, Idaho 83642 REQUEST FOR INFORMATION (Initial Submission) #0035 Subject Sectional Door Support Steel at head Initiator: Engineered Structures Inc. - 0032 Information Requested Impact: Cost Date Submitted: 4/22/2019 Date Required: 4/29/2019 Based on shop drawings and product limitations, the sectional doors at the App Bays will require additional support steel due to the storefront windows above the doors. Please provide details for this steel per coordination between Overhead Door and Pivot North. B & B STEEL ERECTORS "Building the West Since 1977" CHANGE ORDER PROPOSAL DATE: October 17, 2019 TO: Engineered Structures, Inc. Attn: Nick PROJECT: Meridian Fire Station #6, Meridian, Idaho SUBJECT: PR #14: Supply and Install (4) Four -Fold Door Control Pedestals per E1/A8.92 Provide labor, equipment, hoisting and supplies to install the following items in accordance with the AISC Code of Standard Practice and the Plans and specifications prepared by Pivot North Architecture including PR #14 dated 9/19/19. INCLUDES: Supply and install (4) new Four -Fold Door Control Pedestals per added detail E1 /A8.92. EXCLUSIONS: None Pricing Breakdown: Install labor = 8 Hrs x $65/Hr. _ $ 520.00 Steel Supply = $1,400.00 Supplies = (16) Hilti Anchors = $ 46.00 10% OH & Profit = $ 197.00 Total C.O. Price = $2,163.00 Submitted By: Todd A. Bloom President CHANGE PROPOSAL REQUEST 1.PROJECT Fire Station #6 2.CONTRACTOR ESI 3.PROJECT NO. J3331-010 Change Proposal # CI#05 5.CONTRACT NO: J3331-010 6.PROPOSAL DATE 16 -Oct -19 DESCRIPTION OF CHANGE: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. COST SUMMARY A. FOR CHANGE WORK DIRECTLY PERFORMED BY THE UNDERSIGNED CONTRACTOR 1. Direct labor w/ labor fringes 3. Materials and Equipment. Detailed quantities attached. 4. Overhead & Fee @ 10% Time Extention Requested 0 working day $ $ $ $ (598.88) (820.00) (141.89) (1,560.77) B. For work to be performed by subcontractors, per proposals and detailed breakdowns 1. SUBCONTRACTOR NAME CATEGORY OF WORK AMOUNT 2 TOTAL SUBCONTRACTOR AMOUNT (INCLUDING SUB. OH&P): $ - 3 CONTRACTORS COMMISSION ON TOTAL SUBCONTRACTOR AMOUNT @ 10 PERCENT: $ CONTRACTORS BOND COST C. TOTAL INCREASE OR DECREASE OF CONTRACT PRICE - (A8+B5) $ (1,560.77) ESI CONCRETE CONTRACTOR NAME Garrett Turpin Garrett Turpin PRINTED NAME ON PROPOSAL SIGNATURE/DATE Page 1 ESI CONCRETE Change Proposal Request # CI#05 Date: 16 -Oct -19 Scope of change: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. LABOR Superintendent Hours 0.00 Labor Rate w/Fringe $ 77.00 0.00 Foreman Hours -3.20 Labor Rate w/Fringe $ 52.05 -166.56 Carpenter/Cement Mason Hours -11.20 Labor Rate w/Fringe $ 35.00 -392.00 Laborer Hours -1.60 Labor Rate w/Fringe $ 25.20 -40.32 Subsistence Hours 0.00 Geographical Rate $ 12.50 0.00 TOTAL LABOR COSTS INCLUDING LABOR FRINGES - -$598.88 MATERIAL Material listed below or from attached detailed material sheets - -820.00 Other direct material not specifically included in detailed take -off - Consumables, etc. 0.00 Freight from vendor to job site if not already included in above material costs. 0.00 TOTAL MATERIAL COSTS FOR CHANGE ORDER -$820.00 EQUIPMENT Equipment Description Cone Pump Est Usage 0 Rate 14 0.00 Equipment Description SKID STEER Est Usage 0 Rate 0 0.00 Equipment Description AIR COMPRESSOR Est Usage 0 Rate 0 0.00 Equipment Description JACKHAMMER Est Usage 0 Rate 0 0.00 Equipment Description Est Usage Rate 0 0.00 Equipment Description Est Usage Rate 0 0.00 TOTAL EQUIPMENT COSTS FOR CHANGE ORDER 0.00 Page 1 ESI CONCRETE Change Proposal Request # CI#05 Date: 16 -Oct -19 Scope of change: PR #14 Deleted 4 interior bollards. Credit is for labor and material to place those bollards. Description Quantity Unit Labor Material Hrs/Unit Hours $/Unit Cost 0.00 0.00 Interior Ballard Deleted -4.00 EA 4.00 -16.00 205.00 -820.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Hours -16.00 Matt -820.00 Page 1 MZRIT FESSIONAL COATINGS, INC. 1865 Wildwood St • Boise, Idaho 83713 Phone: (208) 501-8173 • (208) 501-8143 • Fax: (208) 501-8401 Offices in Boise, Tampa, Houston, & Charleston, SC Public Works Licensed (017856-B-4) and Bonded Idaho Contractors Board RCE- 36317 EMAIL PROPOSAL TO: Nick Ploetz FROM: Roy Thompson DATE: 09/23/19 RE: Meridian Fire Station 6 — PR14 Scope of Work: - Credit for deletion of four bollards, paint scope, per PR14 Qualifications: N/A Total Estimate — -$129.00 Thank you for the opportunity to hopefully be of service. Please call if you have any questions. Overhead Door Inc. 621 Allumbaugh Ln. Boise ID 83704 (208)375-0137 Fax: (208)377-0848 The Genuine. The Original. L% Proposal #: 1-1763 PROPOSAL SUBMITTED TO: Date Attention ESI 9/23/2019 Nick STREET Job Name ESI City State ZipCode Job Location Meridian Fire #6 Phone Number Fax Number Job Phone 208.362.3040 1208.362.3040 FURNISH NECESSARY MATERIAL AND LABOR TO ACCOMPLISH THE FOLLOWING: Change (2) 14'x 14' Sectional Overhead Doors to Four Fold Doors. Sectional overhead door and operator credit.(2) 14'x 14' 596 series. $ -13,340.00 ( Door Engineering Four Fold Product ) Price to provide and install (2) Four Fold Doors. project. Labor $ 4,333.00 Equipment $ 3,700.00 Material $ 65,597.00 Total $ 73,630.00 Current lead time 8-10 weeks. 14'x 14'. Price based on door specs from Boise Fire #9 We hereby propose to complete in accordance with above specification, for the sum of: Signature Patrick Tomisser Commercial Sales & Service Direct Dial: (208)794-6042 TERMS AND CONDITIONS Payment to be made as follows: Prices subject to change if not accepted in 30 days. BY OTHERS: Jambs, spring pads, all wiring to motors and control stations, unless otherwise stated above, are not included. Purchaser agrees that doors shall remain in Seller's posession until paid in full. In the event Purchaser breaches or defaults under the terms and provisions of this Agreement, the Purchaser shall be responsible for the costs of collection, including reasonable attorneys' fees. There shall be a 1 1/2% service charge per month for all payments due and owing after 30 days. (Agreements are contingent upon strikes, accidents, or delays beyond our control.) Page 1 of 2 (Continued on next page ... ) Price Proposal for ESI by Overhead Door Inc. Proposal Number 1 - 1763 Job Name: ESI ANCE: Terms, Price, and specifications on all pages of this proposal are hereby accepted and the work authorized. Purchaser: Signature Page 2 of 2 Date of Acceptance Boise,I D j PUIINJF"�R 25 Hartman St - Idaho 83704 (208) 323-1506 90 \\\�\\\\�\�\\ ELECTRICAL CONTRACTORS "working togrvcyouPOK'£RPLUSSERVIC£..." CHANGE ORDER SUMMARY Job Name MERIDIAN FIRE STATION #6 Job Number r 1561 Contractor POWER PLUS INC. Estimator ALAN Notes PR -14 D ate 9/24/2019 Summary Description I 120V CIRCUITS, RACEWAY,BOXES, TO FOUR -FOLD DOORS Material $ 569.59 Direct Labor Units 44.64 Indirect Labor Units 4 Labor Rate $ 56.00 Supplier Quotes Total $ - Supplier Quotes $ - Materials Total $ 569.59 Sub Total $ 569.59 Taxes $ 34.18 Permits and Fees $ 66.55 Sub Contractors $ - Equipment Rentals Labor Cost $ 2,723.84 Sub Total $ 3,394.16 WE & MM $ 98.26 Sub Total $ 3,492.42 Overhead 10% $ 349.24 Sub Total $ 10% 3,841.66 Profit $ - Total $ 3,841.66 Change Order Total 1 $ 3,842.00 Supplier Total Supplier Quotes Total $ - Sub Contractor Total Total $ - lu to m I �I n n n n n n O O O O o rn m o C m m o cr •�•• '0�' N r' W W W W N N W W �+ ry rr n n n W n 0 0 0 0 w Go W W t0 (D 00 cop, J to n 0 0 n to �-^. C d N O t0 J O to O co O V V Ql q� Ql U9 W O -� N- w . N O. O to 0 O 3 A tT - w fD w !RD to A W A A Cl) co W t0 C) C1 O A 0 •^. m lT tD a -n m�- I 2 GN) C1 Gl G7 a W W W W W w W W N W W O7 A o a rD A a m -OI j O o° m m °° m m m `W `m `P `A `A `A `A m 7 O O Cr m N r- . O -n T m m m m m m x n r r d 0 p v v 0. ''. n ro m n xx n xx n p z o o a a cc O O m -n C m s OC w OC w O ry m Z v v Z Z ° 0 0 vv 0 m to m Z o co m A Q Z -Aa n N O D m m ^. Z L, EA to Z D n to Z m d 7 w w -� r v A ? D O O Cr 9' n. Jo n m -+ to _ N O r O A t o A O N N pN N N N Oo O N A N N (Nv !'M aD N N Q o a o o a 0 a a o o 0 o a 0 0 0 0 O a a a 0 a CD A n 4A 4olk o V j W16% w 40% N 4A iA 4A 4A 4A 4A iA 3 n' 1A0 O .OVO O p irA N CO 'J W A A W tT W w N 00 , 4 m -+ lfl O V lT W 01 N U7 U'I N w Ql t0 W 00 00 w LO co m Ln b iQ Ln K m K m n m n n n n n n n n n n n n n n m m C r - w w 4A 0 J iii 4A 4A 4A 4A 4A 4A 4A 4A to 4A 4A 4A O 4A E w WV V W 00 O IjJV•i w Ol •--� :J O N w Gl to . W In --,-.JJo0 0 0 -4 J N N O iC) W 6 Lu O A in Ln W a% A co O N- W im4 ul N 000 O O O 10 7 tT CL to rr O ; 01, vAi tJl yWn m A 0 Ln tm to to O d C7 0 pp ihttt Q p D O to pp pp U O pp pp d p p o in O p O O O t71, g t? O O 7y n m n n n n n n n n n n n n n n n n m m c .r 0 OO J J O O to W O 0 0 0 0 0 0 --+ -+ O 7 IV m O N N 'A W ICD IV 0 W W Iv N N -+-4 V- A m O W M -+N N O" O O O O M 00 O IO N tD A A O O N O -+ O N m 0 0 to 0 w O to O A 0 0 0 0 A CL s cr a o- v cr t7 cy= o- o- Q(7 u v c c n g. rr. i� K tv n „ 7' a to M A O o M o M m �j v (�E IDIZ IAN_ - CITY OF MERIDIAN 33 EAST BROADWAY MERIDIAN, ID 83642 CHANGE ORDER CHANGE ORDER NO. 4 PROJECT NO. 10770 CHANGE ORDER DATE: 10/30/2019 EFFECTIVE DATE: CONTRACTOR: ESI PROJECT: Fire Station #6 The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description of additional work: (attach additional pages if needed) Change apparatus bay sectional overhead doors to Four Fold Doors. WHO REQUESTED THE CHANGE Q City ❑ Contractor WHY IS THE CHANGE NECESSARY Check all that apply ❑ Unforeseen / Hidden Conditions Scope Change ❑ Error with the Plans and/or Specifications ❑ Other - describe below Explanation: Four fold doors open faster for better response time, firefighters can see if doors are fully open prior to exiting unlike overhead doors, and are less maintenance. REASON FOR CHANGE ORDER VS. BIDDING ADDITIONAL WORK Check all that apply ❑ The work is in the area of the original contract and a conflict with the on-site contractor is probable and would make coordination of work difficult and bidding unreasonable. D Time is of the essence and bidding would require the contractor to stop work and the City would face costly standby fees therefore making bidding disadvantageous ❑ Emergency Work to correct unsafe conditions. ❑ Other - describe below Explanation: (attached additional pages if needed) Decision needs to be made for ordering purposes by 11/7/19 to keep project on schedule. Page 1 of 2 CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $4,404,554.00 Original Contract Times: days Net changes from previous Change Orders Net changes form previous Change Orders (calendar days) No. 1 to No. 3 No. to No. Note change order numbers here $41,949.33 Note change order numbers here days Enter dollar amount of changes here Net Increase (decrease) of this Change Order: Net Increase (decrease) of this Change Order: (calendar days) $69,478.94 days Enter dollar amount of this chamge order Total Change (Increase / decrease) to date: Total Days (Increase /decrease) to date: (calendar days) $111,428.27 0 days New Contract Price with all Approved Change Orders: New Contract Times with all Approved Change Orders: (calendar days) $4,515,982.27 0 days APPROVED: (city Purchasing Manager) ACCEPTED: (Contractor) �%�31 By: Keith Watts By: Date: Date: / 19 RECOMMENDED: (City Project Manager) DATE APPROVED BY COUNCIL (If required) By: NO SIGNATURE REQUIRED Date: DATE: METHOD OF COST DETERMINATION / COST ANALYSIS OR VERIFICATION: See attached Change Order Request and quotes provided. Budget Available (Attach Report) Budget Information: Budget FY Date Submitted to Clerk for Agenda: (Purchase Order No. Purchasing Use Only Date Issued: Page 2 of 2 Amendment: Approval Date: �j�EDAHO IDIZ IAN.,+ -- CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 5 C Item Title: City Council Discussion: Parking Standards Update Meeting Notes: Code Enforcement workflow in relation to UDC parking standards violations. Presented by Meridian Police Code Enforcement Supervisor Rich Everett Code Enforcement response to a violation of the current UDC parking standards. 1st •A Code Enforcement Officer responds to the location. •Documents the condition with photographs. 2nd •Educates the property owner of the UDC requirements. •Set a reasonable compliance date. 3rd •Site inspection after the expiration of the compliance date. •If the property is in compliance, the case is closed. •If the violation still exists, a Notice of Violation letter is sent. The letter is a formal advisement of potential prosecution for failure to come into compliance. If compliance is not achieved, a criminal case is submitted to the Boise City Attorney’s office for prosecution. Code Enforcement response to a violation of the proposed amended UDC parking standards. 1st •A Code Enforcement Officer would respond to the property. •Document the potential violation with photographs of the exact location of the vehicle. The photographs would have to be of the side of the vehicle to document the exact positioning of the tire valve stem in relation to a point on the vehicle. We cannot enter private property to mark tires. •These photographs may not be possible due to vehicle positioning and visual obstructions. 2nd •Educate the property owner that they may only store the vehicle for 72 at a time. 3rd •Return to the property after 72 hours and attempt to identify if the vehicle has moved. If the vehicle has moved, no matter how slight, the 72 hour period would start again. The violation will be impossible to prove if the position of the vehicle and/or visual obstructions prevent the officer from documenting the exact location of the vehicle. Officers will not surveil the property for the 72 hour time period. •If the violation can be proved, a Notice of Violation letter will be sent/served to the property owner notifying them they could be prosecuted for failing to comply. The vehicle could be moved 1 inch and the entire process would have to start again. Differences between the current parking standards and those proposed CURRENT PARKING STANDARDS •Prohibited vehicles are readily identified by mere presence. •Education and a compliance plan routinely garner compliance and require little (if any) continued attention. •Officers usually have to visit a property twice. •Complainants see results. PROPOSED PARKING STANDARDS •Prohibited vehicles will be conditionally allowed and require extensive work to document the length of time they are stored. •The need for continued education/contact would be created each time the vehicle is moved. •Officers would have to visit a property as many times as a vehicle is moved and start the process over every time. •Perception of indefinite vehicle storage. (commuting, routine minor movement, same parking location each day, etc.) Additional demand on an already strained Code Enforcement unit. •Code Enforcement cases increased 36.4% from 2017 to 2018 (2018 MPD Annual Report). •Analysis of 2019 statistics reveal a track that will surpass 2018 numbers. •The additional work has been performed without staffing increase. •The workflow modification required to accommodate the parking standards amendment will require significantly more work. Questions? DRAFT 10/4/19 UPDATE TO UDC – PARKING AT RESIDENTIAL DWELLINGS PAGE 1 CITY OF MERIDIAN ORDINANCE NO. ________________ BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN UNIFIED DEVELOPMENT CODE SECTION 11-3C-4(A)(2), REGARDING PARKING STANDARDS FOR SINGLE- FAMILY DETACHED, TOWNHOUSES, SECONDARY, DUPLEX AND SINGLE- FAMILY ATTACHED DWELLINGS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency in regulation of vehicle storage on private property and vehicle parking on public roadways; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian Unified Development Code section 11-3C-4(A)(2), regarding parking standards for single-family detached, townhouses, secondary, duplex and single-family attached dwellings, shall be amended as follows: Types Of Vehicles; Location Of Parking: Only automobiles Automobiles and motorcycles displaying license plates assigned to the vehicle with current registration may be parked in the required street yard. All other vehicles, including, but not limited to, vehicles without current registration, vehicles without license plates, recreational vehicles, personal recreational items, boats, trailers and/or other vehicles may be parked in the required street yard for no longer than seventy-two (72) consecutive hours. At the expiration of this time limit, a new time limit may begin only upon removal of the vehicle from the block, or five hundred feet (500’) from the location in which it was previously parked, whichever is farther, for a minimum of twenty-four (24) hours. Vehicles may be parked for longer than seventy-two (72) consecutive hours only in a shall only be parked in the rear or side yard and shall be screened by a solid fence, six feet (6’) in height. No person may use a vehicle parked in a street yard, rear yard, or side yard for dwelling or sleeping purposes. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this ____ day of October, 2019. DRAFT 10/4/19 UPDATE TO UDC – PARKING AT RESIDENTIAL DWELLINGS PAGE 2 APPROVED by the Mayor of the City of Meridian, Idaho, this ____ day of October, 2019. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor Chris Johnson, City Clerk STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 19-____________ 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-_____ 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 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 19-_________ An ordinance amending Meridian City Code section 3-3-1(B), amending Meridian Unified Development Code section 11-3c-4(a)(2), regarding parking standards for single-family detached, townhouses, secondary, duplex and single-family attached dwellings; and providing an effective date. ____________________________________ City of Meridian Mayor and City Council By: Chris Johnson, City Clerk First Reading: _________________ Adopted after first reading by suspension of the rule as allowed pursuant to Idaho Code § 50-902: YES_______ NO_______ Second Reading: ________________ Third Reading: _________________ EIDIANnDAHO - CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 5 B Item Title: Community Development: Shared Vehicles Update and Next Steps Meeting Notes: Yo u r N a m e Be g i n D a t e 8/ 1 / 2 0 1 9 ( f i r s t d a y o f m o n t h ) En d D a t e 8/ 3 1 / 2 0 1 9 ( l a s t d a y o f m o n t h ) Ca t e g o r y D e s c r i p t i o n V a l u e U n i t Be g i n E n d Mo n t h l y T o t a l * 2 5 0 3 t r i p s T h u , 8 / 0 1 S a t , 8 / 3 1 We e k 1 ( 8 / 1 - 8 / 4 ) * 4 2 5 t r i p s T h u , 8 / 0 1 S u n , 8 / 0 4 We e k 2 ( 8 / 5 - 8 / 1 1 ) * 6 2 9 t r i p s M o n , 8 / 0 5 S u n , 8 / 1 1 We e k 3 ( 8 / 1 2 - 8 / 1 8 ) * 6 3 0 t r i p s M o n , 8 / 1 2 S u n , 8 / 1 8 We e k 4 ( 8 / 1 9 - 8 / 2 5 ) * 4 5 2 t r i p s M o n , 8 / 1 9 S u n , 8 / 2 5 We e k 5 ( 8 / 2 6 - 8 / 3 1 ) * 3 6 7 t r i p s M o n , 8 / 2 6 S a t , 8 / 3 1 - - - Sc o o t e r s We e k 1 ( 8 / 1 - 8 / 4 ) * N / A s c o o t e r s T h u , 8 / 0 1 - We e k 2 ( 8 / 5 - 8 / 1 1 ) * 4 7 s c o o t e r s M o n , 8 / 0 5 - We e k 3 ( 8 / 1 2 - 8 / 1 8 ) * 4 3 s c o o t e r s M o n , 8 / 1 2 - We e k 4 ( 8 / 1 9 - 8 / 2 5 ) * 6 8 s c o o t e r s M o n , 8 / 1 9 - We e k 5 ( 8 / 2 6 - 8 / 3 1 ) * 7 3 s c o o t e r s M o n , 8 / 2 6 - - - - Ri d e r s Au g u s t 1 3 1 7 u s e r s Tr i p s To t a l t r i p s Sc o o t e r s i n Ci r c u l a t i o n To t a l M o n t h l y Ri d e r s Ka i t l y n M u r r a y Be g i n D a t e 9/ 1 / 2 0 1 9 ( f i r s t d a y o f m o n t h ) En d D a t e 9/ 3 0 / 2 0 1 9 ( l a s t d a y o f m o n t h ) Ca t e g o r y D e s c r i p t i o n V a l u e U n i t Be g i n E n d Mo n t h l y T o t a l * 1 7 0 5 t r i p s S u n , 9 / 0 1 M o n , 9 / 3 0 We e k 1 ( 9 / 1 - 9 / 1 ) * 7 3 t r i p s S u n , 9 / 0 1 S u n , 9 / 0 1 We e k 2 ( 9 / 2 - 9 / 8 ) * 4 4 9 t r i p s M o n , 9 / 0 2 S u n , 9 / 0 8 We e k 3 ( 9 / 9 - 9 / 1 5 ) * 3 8 9 t r i p s M o n , 9 / 0 9 S u n , 9 / 1 5 We e k 4 ( 9 / 1 6 - 9 / 2 2 ) * 3 9 7 t r i p s M o n , 9 / 1 6 S u n , 9 / 2 2 We e k 5 ( 9 / 2 3 - 9 / 2 9 ) * 3 6 4 t r i p s M o n , 9 / 2 3 S u n , 9 / 2 9 We e k 6 ( 9 / 3 0 - 9 / 3 0 ) * 3 3 t r i p s M o n , 9 / 3 0 M o n , 9 / 3 0 Sc o o t e r s We e k 1 ( 9 / 1 - 9 / 1 ) * 8 3 s c o o t e r s S u n , 9 / 0 1 - We e k 2 ( 9 / 2 - 9 / 8 ) * 7 8 s c o o t e r s M o n , 9 / 0 2 - We e k 3 ( 9 / 9 - 9 / 1 5 ) * 7 3 s c o o t e r s M o n , 9 / 0 9 - We e k 4 ( 9 / 1 6 - 9 / 2 2 ) * 7 1 s c o o t e r s M o n , 9 / 1 6 - We e k 5 ( 9 / 2 3 - 9 / 2 9 ) * 4 9 s c o o t e r s M o n , 9 / 2 3 - We e k 6 ( 9 / 3 0 - 9 / 3 0 ) * 4 8 s c o o t e r s M o n , 9 / 3 0 - Ri d e r s Se p t e m b e r 8 6 3 - Tr i p s To t a l t r i p s Sc o o t e r s i n Ci r c u l a t i o n To t a l M o n t h l y Ri d e r s �fE IDIZ IA*,---.-NI DAHO CITY COUNCIL WORK SESSION AGENDA November 6, 2019 Agenda Item Number: 6 Item Title: Executive Session per Idaho State Code 74-206(1)(C) Meeting Notes: &A