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2013-10-15
E IDIAN~-- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE-COUNCIL MEETING UPDATED SPECIAL MEETING AGENDA Tuesday, October 15, 2013 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Roll-call Attendance: X David Zaremba O Brad Hoaglun Arrived in Executive Session X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Adoption of the Agenda 3. Executive Session Per Idaho State Code 67-2345 {1){c}(#}: (c} To Conduct Deliberations Concerning Labor Nego#iations ar to Acquire an Interest in Reat Property, Which is Not Owned by a Public Agency, and {f} To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 {1}(b}: (b} To Consider the Evalua#ion, Dismissal or Disciplining of, or to Hear Complaints or Charges Brought Against, a Public Officer, Employee, Staff Member or lndiviidual Agent, or Public School Student Into Executive Session at 5:01 Out of Executive Session at 6;01 Meeting Adjourned at 6:01 Meridian City Council Pre-Council Meeting Agenda -October 15, 2013 Page 1 of 1 All maierials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Pre-Council Meeting October 15, 2013 A special pre-council meeting of the Meridian City Council was called to order at 5:00 p.m., Tuesday, October 15, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd David Zaremba, Keith Bird, Charlie Rountree. Members Absent: Brad Hoaglun (arrived during Exec Session) Item 1: Roll-call Attendance: Roll call. X David Zaremba O Brad Hoaglun ~arr~~ee iate> X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and call this precouncil meeting to order. Today's date is Tuesday, October 1St. It's 5:30 p.m. I will start with roll call attendance, Madam Clerk. Item 2: Adoption of the Agenda Adopted De Weerd: Thank you. Item No. 2 is adoption of the agenda. Bird: Move we adopt the precouncil meeting as amended. Zaremba: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. THREE AYES. ONE ABSENT. MOTION CARRIED. Item 3: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency, and (f) To Consider and Advise Its Legal Representatives in Pending Litigation Amended onto the Agenda: Executive Session Per Idaho State Code 67®2345 (1)(b): (b) To Consider the valuation, Dismissal or Disciplining of, or to Hear Complaints or Charges Brought Against, a Public Officer, Employee, Staff Member or Individual Agent, or Public School Student De Weerd: Item 3 is Executive Session. Meridian City Council Pre-Council Meeting October 15, 2013 Page 2 of 3 Bird: Madame Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b)(c) and 1(f) . Zaremba: Second. De Weerd: I have a motion and a second to enter into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, aye; Zaremba, aye; Hoaglun, absent. De Weerd: All ayes. Motion carried. THREE AYES. ONE ABSENT. MOTION CARRIED. De Weerd: We are adjourned into Executive Session. EXECUTIVE SESSION: (5:01 p.m. to 6:00 p.m.) De Weerd: Council, I would entertain a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council Pre-Council Meeting October 15, 2013 Page 3 of 3 MAYO MY DE WEERD DATE APPROVED r ATTEST: ~~~,;ccno~;<;~.. ,;. JAYCE OLMAN, CITY CLER r .~ < ,,~. ~, ,~F ya., E ~~~rhe TnE~S~~ CITY COUNCIL REGULAR E IDIAN~- MEETING AGENDA I DA H o UPDATED City Council Chambers 33 East Broadway Avenue Meridian, ]daho - Tuesday, October 15, 2013 at 6:00 PM 6:01 PM Roll-Gail Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Steve Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Final Order for Approval: FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 114 Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three {3) Office Lots, Twenty {20) Residential Lots and Three {3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts B. Agreement with Kathy Drury-Bogle for Human Resources Consulting C. Meridian Commons Subdivision Sewer and Water Main Easement D. Multi-Use Pathway Easement for Reflection Ridge Sub. 2 E. Agreement with Nampa Meridian Irrigation District (NM1D} to Allow the Multi-Use Pathway to be Located within Their Easement in Reflection Ridge Sub. 2 F. Approval of Task Order 0759b-D for Professional Services for "Ground Water Level and Quality Monitoring with Aquifer Testing" to Hydro Logic, Inc. for the Not-To-Exceed Amount of $900,000.00. G. Approval of Ada County Highway District (ACHD} Change Order 57 for the Meridian Split Corridor Phase 2 project (Island Landscaping} for the Not- To-Exceed amount of $110,192.33. Meridian City Council Meeting Agenda -Tuesday, October 15, 2013 Page 1 of 3 Alf materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. H. Resolution No. # 13-959: Resolution Amending The City of Meridian Standard Operating Policies and Procedures Manual Regarding Policy 6.11 - Gifts and Gratuities and Adding a New Policy 7.2.1 -Use of Nicotine and Tobacco Products i. IRU Agreement with Syringa Networks for Dark Fiber, City of Meridian Dark Fiber Route Description and Project Scope for the Not-to-Exceed Amount of $1,367,000.00, and Operations and Maintenance Agreement with Syringa Networks 6. Items Moved From Consent Agenda None 7. Department Reports: A. Mayor's Office: Appointment of Human Resources Director 8. Action Items A. Public Hearing: CPAT 13-001 Comprehensive Plan Text Amendment by City of Meridian Planning Division Request: Amend Certain Action Items Contained in the Comprehensive Plan Approved B. Public Hearing: AZ 13-007 Hacienda South Subdivision by Jayo Investments, lnc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 {Medium- Density Residential) Zoning District Approved with Conditions C. Public Hearing: PP 13-016 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety-Three {93) Residential Lots, Thirteen (13} Common Lots and One {1) Other Lot on Approximately 19.63 Acres in the Proposed R-8 Zoning District Approved D. Public Hearing: VAC 13-005 Spurwing (AKA Spurwing Challenge} by The Club at Spurwing, LLC Located on the North Side of Chinden Bouievard, West of N. Long Lake Way Request: Vacate a Portion of the 12-foot Wide Public Utilities, Drainage and Irrigation Easement {PUDI} Platted on Lot 78, Block 1 of Spurwing Subdivision Approved E. Public Hearing: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-Two (22} Single Family Residential Building Lots and Four {4} CommonlOther Lots on 7.56 Acres of Land in the R-4 Zoning District Approved Meridian City Council Meeting Agenda -Tuesday, October 15, 2013 Page 2 of 3 All materials presented at public meetings shall become properly of the Ciiy of Meridian. Anyone desiring accommodation for disabilities related to documents andlar hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Public Hearing: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat Approval Consisting of Sixteen {16) Single Family Residential Building Lots and Four (4} Common 1 Other Lo#s on 2.82 Acres of Land in the R-8 Zoning District Approved G. Public Hearing: MDA 13-016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual Development Pfan and Building Elevations Approved H. Public Hearing: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2) Year Time Extension on the Conditional Use Permit to Commence the Approved Use Approved I. Public Hearing: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N, Locus# Grove Road and E. McMillan Road Request: Two {2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat Approved 9. Department Reports A. Public Works Department/Environmental Division Report: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code} B. Community Development DepartmentlBuilding & Development Services Division Report; Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 In#ernational Energy Conservation Code, and Local Amendments(Title 10, Chapter 1, Meridian City Code) C. Fire Department Report: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code} 10. Future Meeting Topics Adjourned at 7:56 PM Meridian City Council Meeting Agenda -Tuesday, October 15, 21}13 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents andlor hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council ®ctober 15, 2013 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, October 15, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Bill Parsons, Clint Dolsby, John Overton, Perry Palmer, Steve Siddoway, David Allison, Brent Bjornson and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you. It's almost exactly 6:00 o'clock. Thank you for joining us here this evening. For the record it is Tuesday, October 15th. It's 6:00 p.m. Madam Clerk, will you start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in th,e pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Steve Moore with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation, but I do not see Pastor Moore. Item 4: Adoption of the Agenda De Weerd: So, I will go ahead and move to Item No. 4, which is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: One item to note. Under the Consent Agenda 5-H is Resolution No. 13-959. With that, Madam Mayor, I move adoption of the agenda as printed. Meridian City Council October 15, 2013 Page 2 of 48 Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Final Order for Approval: FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts B. Agreement with Kathy Drury-Bogle for Human Resources Consulting C. Meridian Commons Subdivision Sewer and Water Main Easement D. Multi-Use Pathway Easement for Reflection Ridge Sub. 2 E. Agreement with Nampa Meridian Irrigation District (NMID) to Allow the Multi-Use Pathway to be Located within Their Easement in Reflection Ridge Sub. 2 F. Approval of Task Order 0759b-D for Professional Services for "Ground Water Level and Quality Monitoring with Aquifer Testing" to Hydro Logic, Inc. for the Not-To-Exceed Amount of $100,000.00. G. Approval of Ada County Highway District (ACRD) Change Order 57 for the Meridian Split Corridor Phase 2 project (Island Landscaping) for the Not-To-Exceed amount of $110,192.33. H. Resolution No. 13-959: Resolution Amending The City of Meridian Standard Operating Policies and Procedures Manual Regarding Policy 6.11 -Gifts and Gratuities and Adding a New Policy 7.2.1 -Use of Nicotine and Tobacco Products I. IRU Agreement with Syringa Networks for Dark Fiber, City of Meridian Dark Fiber Route Description and Project Scope for the Not-to-Exceed Amount of $1,367,000.00, Meridian City Council October 15, 2013 Page 3 of 48 De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: 5-H is Resolution 13-959. So, I would move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports: A. Mayor's Office: Appointment of Human Resources De Weerd: So, we will move right into Item 7, which is Department Reports. Council, I am very pleased to bring this appointment of our HR director to you. In your packet you do have information on this appointment. We have Patty Perkins in our audience and I will ask her if she would like to say a few words in just a moment, but we are thrilled to have Patty and the breadth of experience that Patty will bring to this office. Patty's coming to us from T Mobile and prior to that she was involved as the HR director at Wells Fargo Bank. Patty has been involved with T Mobile when they first opened their operation here in the City of Meridian and, then, she was promoted up into a regional role in their HR operations. So, we think that we hired the best -- well, we only do. And we -- I'm just really thrilled to bring this appointment to you and ask if you have any questions. Bird: I have none. Rountree: I have no questions, but welcome. Meridian City Council October 15, 2013 Page 4 of 48 De Weerd: Well -- so, I would ask for a motion and, then, I will ask Patty if she wants to speak. We will let her speak after it's a done deal just in case. Hoaglun: Madam Mayor? De Weerd: Yes, Mr. Hoaglun. Hoaglun: I move that we approve your appointment of Patty Perkins as Meridian's new human resources director. Rountree: Second. De Weerd: I have a motion and a second. Any questions or comments? Hoaglun: Madam Mayor, just a quick comment. Welcome, Patty, and we want to thank Bill Nary for the many hats he's worn over the years, including HR director, and the city finally grew big enough that we had to take one of those hats off, but we appreciate everything Bill has done for us over those many many many years and all the hassles he's had to deal with in juggling multiple departments, but -- so we welcome you, Patty, and I know you have got someone who can give you good advice in what's gone on in the past and we look forward to a bright future with you and the city. De Weerd: Thank you, Mr. Hoaglun. And thank you for the comment to Mr. Nary. Certainly I don't think we have had a director that's worn more hats than Mr. Nary has and certainly he has brought this -- this area of our city a long ways from where it was when he started. So, heartfelt thanks to you, Bill. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Patty, would you like to make any remarks? And for the record Patty will start next Monday and we will be excited to have her on board. Perkins: Yes. I am thrilled to join the team and I want to thank all of you. Thank you for your participation in the interview panel and I want to just say thank you for the opportunity. I'm so looking forward to it. De Weerd: Yeah. One other thing I didn't mention is Patty has been very interested in re-engaging at the community level. You asked -- she certainly took a pay cut and -- but for her vacation last year she took a week off of vacation time to attend the Northwest Community Development Institute, because she really wanted to understand what happened at the community level and re-engage and so to me that was a great Meridian City Council October 15, 2013 Page 5 of 48 demonstration of her interest and commitment to municipality and all that makes that tick. So, we did have -- Council, we did have -- arrange employee participation and think everyone is very excited to have you on board, Patty. We are just thrilled that you accepted our offer and look forward to working with you. Perkins: Well, the feeling is mutual. Thank you very much. And I look forward to Monday morning. De Weerd: Me, too. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just like to add as Council Members we take on different departments as liaisons. They are distributed among us. I have been the liaison to the combined department and look forward to being your liaison as you come aboard. We change those in January, so it won't be for very long -- Perkins: Okay. Zaremba: -- but I'm looking forward to working with you and thrilled to have you here and looking forward to the opportunity to start a new adventure. Perkins: As I am as well. Thank you very very much. De Weerd: Thank you. Thank you for joining us this evening. Perkins: Oh, my pleasure. Item 8: Action Items A. Public Hearing: CPAT 13-001 Comprehensive Plan Text Amendment by City of Meridian Planning Division Request: Amend Certain Action Items Contained in the Comprehensive Plan De Weerd: Okay. We will move to Item 8 under Action Items. Our first Item up is a public hearing on CPAT 13-001. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The first item on the agenda this evening is your Comprehensive Plan map amendment -- or text amendment I should say. If you recall back in 2007 -- or'11 the city went through a total revamp of the Comprehensive Plan and at that time we instituted some new action items that we would monitor on an annual basis and definitely what we have done is reached out to the departments within the city and the community and we have decided Meridian City Council October 15, 2013 Page 6 of 48 since this plan was in place for a year and a half or so we should probably update and show the progress that we have made since the adoption of this plan and so attached in the staff report are the items that we are proposing to amend. Nothing real substantial to the changes in the Comp Plan, but we did want to just let the community know that we are out there, we are making sure that we are grading ourselves so to speak and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. De Weerd: This is a public hearing. Is there anyone who would like to provide comment on this item? Okay. Bill, anything further on this? Parsons: Nothing from staff. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close public hearing CPAT 13-001. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CPAT 13-001 and to add all staff comments. Rountree: Second. De Weerd: I have a motion and a second to approve the Comprehensive Plan text amendment on this item. Any discussion from Council? Rountree: I have none. De Weerd: Madam Clerk. Meridian City Council October 15, 2013 Page 7 of 48 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Public Hearing: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and . McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District C. Public Hearing: PP 13-016 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety-Three (93) Residential Lots, Thirteen (13) Common Lots and One (1) Other De Weerd: Item 8-B and C are public hearings on AZ 13-007 and PP 13-016. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda is the Hacienda South Subdivision. It's approximately 20.09 acres of land. It's situated on the east side of Meridian Road between Chinden Boulevard and McMillan Road. To the north we have the Hacienda Subdivision zoned R-8 in the city. To the east we have Saguaro Canyon Subdivision zoned R-4. To the south is Ventana Subdivision, zoned R-8, and to the west we have Meridian Road and Ada County parcels zoned RUT. As you can see here in the aerial photo the property is currently developed with a county residence and several outbuildings. That building will be removed upon redevelopment of the site to make way for the 93 lot subdivision that's before you this evening. Access to this development will be provided from three sub streets that are to be -- that were provided with the adjacent subdivisions that I just mentioned to you. So, we have a stub street to the north to be extended from Hacienda stub street to the south -- or excuse me -- to the east, but be extended to -- from Saguaro and, then, along the south boundary we have a stub street that is to extend and provide connectivity through the development. The applicant -- the application before you this evening is not proposing any access to Meridian Road. Everything will be served from internal streets and ultimately will dump into East Producer Drive, which runs along the south boundary. The one item that I want to bring forward to Council this evening is when Saguaro Canyon went in there was a common lot that was platted along the south boundary of this parcel that at this point would prohibit that connectivity due to it being private property. One of our recommendations for the DA this evening is that they secure the permission from the HOA and dedicate that right of way to ACHD to insure that that street connection happens prior to signature on the first final plat. I Meridian City Council October 15, 2013 Page 8 of 48 would mention to Council that we did receive an e-mail from the HOA president and they have agreed to allow the road extension along the south. So, it's just something to think about as we move forward. Here is the landscape plan that they propose this evening. A majority of the open space will be a large 36,000 square foot park central to the development. We have street buffers along Meridian Road, which is 35 feet in width. We have the extension of several ten foot pathways on street network and a ten foot pathway here in the southeast corner that will connect to the pathway that is developed within the Ventana Subdivision. So, as you can see here, looking at the pathways plan, if I had a bigger blow up of it, we have pathways developed in Paramount to the west of this site, we have Ventana to the south, so we are starting to get a substantial amount of city pathways in this area of Meridian. So, this is definitely a positive amenity for this -- with this development. One of the unique items the applicant's requesting this evening is they want to basically marry the two subdivisions. They want to marry Hacienda Subdivision that's platted to the north and this property to the south. Staff and the Commission were amenable to that request. One of our requirements was that they provide an open space exhibit that details how much open space would be -- would exist between both projects. After looking at what's been platted with the Hacienda Subdivision to the north and what the applicant is proposing this evening, if you combine both projects they are in excess of 12 percent open space and so staff is amenable to Hacienda South providing a little bit less open space, but it's making up for it by encompassing the Hacienda North to the south -- or incorporating Hacienda North into this and allowing the use of those amenities in conjunction with this subdivision before you this evening. Here are the proposed elevations. These are sample elevations that were approved and constructed within the Hacienda Subdivision. You can see there is a mix of materials on the front. I know as we have come before Council in the past they were concerned about the rear elevations of homes along arterial streets and collector streets. One of our recommended DA provisions this evening is that we review those homes that front on those streets and we will be doing with future building permit submittals. Because this is annexed -- excuse me -- an annexation request here are the recommended DA provisions that staff is recommending this evening. One of those provisions requires compliance with the submitted home elevations and provide that architectural detailing on the rear and side facades of those homes that front on, one, Meridian Road and, two, up against West Producer Drive to the south. We are recommending that both projects be -- have the right use each other's amenities and open space and be subject to one CC&R and one HOA. And, then, again, as I mentioned to you earlier, we are providing with the final application or prior to the engineer's signature on the first phase of the final plat that they have -- they deed the right of way to ACRD to allow the connection of that roadway across that common lot. Planning and Zoning Commission did recommend approval at the September 5th hearing. Quite a few folks testified in favor on the application. No one testified in opposition. The applicant did provide written testimony that they are in agreement with this condition in the staff report. Probably the two --the two outstanding issues or two items of discussion at that hearing was some of the adjacent homeowners in the Hacienda Subdivision were concerned bringing on 93 additional lots and a lot them would like to use their pool. I think over the last couple months I know we at staff and the Planning and Zoning Commission has had to deal with how many homes have Meridian City Council October 15, 2013 Page 9 of 48 the right to use other people's pool. They seem to be overcrowding in most of these subdivisions and certainly this is one of those areas where the homeowners are concerned if they bring on 93 more lots what is that impact on the single pool they have there. The other item was -- and it's not really an item or discussion for Council this evening, but when Hacienda went in the first -- the Hacienda North -- I will call it north for all intents and purposes, but when that subdivision went in there is actually a 40 foot irrigation easement that goes through -- bisects the development and some of those buildable lots do impact on that easement and so Settlers Irrigation has sent out nasty letters to those homeowners saying that they want structures and all those improvements within their easements removed or enter into a license agreement with the district. It's something that the homeowners weren't envisioning that happening to them, but, again, this plat does not have that easement impacting all of the properties like that northern plat does. So, certainly it is a concern for us moving forward and I think we brought up some of those concerns with previous applications before you, but as far as tonight's topics, there are no -- there are only three lots that are impacted by an easement and it's been conditioned appropriately in the staff report. Either they get a license agreement with Settlers or they plat it as a common lot. So, we do have that identified and handled in the conditions of approval. So, other than those two items of discussion the Planning and Zoning Commission did not modify any conditions in the staff report and except for those items that I just mentioned to you there are no other outstanding issues that staff is aware of and at this time I would stand for any questions you have. De Weerd: Thank you, Bill, Council, any questions at this point? Rountree: I have none. De Weerd: Okay. This is the public portion of our agenda. First we will ask the applicant to come up. They have ten minutes to present the application. We will, then, take public comment and each person has three minutes to make their comments and, then, the applicant will get up and respond and wrap it up. So, is the applicant here this evening? Thank you for joining us. If you will state your name and address for the record. Leraris: Okay. Thank you. Justin Leraris with J.J. Howard Engineers. Address is 5983 West State Street, Boise, Idaho, and I'm representing Jayo Development. De Weerd: Thank you. Leraris: I certainly won't take ten minutes of your time. I think Bill pretty much covered everything with his staff comments. This project to me kind of when I think about it, is sort of just like a last piece of the puzzle for development on the east side of Meridian Road between Chinden and McMillan. You have got the existing Hacienda Subdivision to the north, Ventana to the south, and Saguaro Canyon to the -- to the east with all the stub roads and so we are going to provide a lot of vehicular connectivity, as well as pedestrian connectivity and extending the berm and buffer along Meridian Road and Meridian City Council October 15, 2013 Page 10 of 48 that meandering sidewalk. Like Bill mentioned, we did have a little bit of a problem with right of way being dedicated across that strip. We have been working with the HOA, they don't have any problem with that. We have written up the descriptions and if this is approved we will continue to go forward with ACRD in getting that right of way dedicated through there. So, that's going to be basically the primary entrance to the subdivision. The only other thing I guess was the -- the issue with the pool and, you know, I have talked with Doug, the developer, a little bit about this and, you know, I think there is -- there is a number of solutions that we could come up with, but, you know, think he's a hundred percent opposed to a new pool in -- in this. Right now we are just -- a gazebo is the amenity and we think that that will provide a mixture of kind of more open space, as opposed to the pool. We don't think there is enough users right now to justify a new pool area and it increases cost quite a bit for the HOA dues, which they usually do not like and so if you have fewer pool users than pool users you typically won't get that, because people don't like paying more money for a pool they don't use. So, I would be happy to answer any questions that Council or the public would have. That's it. Thank you. De Weerd: Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Does the developer have -- still have the controlling interest in the sub to the north -- Leraris: Yes. Bird: -- in terms of the HOA? Leraris: Yes. Rountree: Okay. Leraris: And those -- that is actually I think part of it -- will be part of the development agreement that, you know, since we are kind of marrying up these subdivisions and combining open space, the residents of both subdivisions will have access to the amenities in the south and north and he does still have an interest in it, yes. Rountree: So, in essence, the HOA bylaws and information are the same, as well as the fees, etc? Leraris: There will be only one. Rountree: They are identical. Okay. You said something on the lines of maybe a pool and I heard, well, maybe not. On the record what are you going to do? Meridian City Council October 15, 2013 Page 11 of 48 Leraris: Well, right now it's on the record as it's -- a gazebo is the amenity -- Rountree: Okay. Leraris: -- that we are going for, so -- De Weerd: Any further questions? Rountree: That's all the questions I had. Thank you. De Weerd: Okay. Any further questions? Bird: I have none. De Weerd: Okay. Thank you. Leraris: Thank you. De Weerd: I did have several people signed up. If you would like to provide testimony when I call your name I would invite you forward. Otherwise, I will read into the record what you marked on the sign-up sheet. So, Peter Herman signed up as neutral. Good evening. Thank you for joining us. If you would, please, state your name and address for the record. Herman: Peter Herman, 124 East Rio Calinas Drive, Meridian, Idaho. De Weerd: Thank you. Herman: I live in the existing Hacienda Subdivision. I was at the last board meeting in September and it seems like some of the things have been addressed which is very good. But my big concern, then, was the egress in and out onto that Producer Drive and it appears that -- I think at the last meeting that was not a done deal. It appears like it's going to be now and that was probably one of my main concerns. If that wasn't there all that traffic will be coming back into the existing subdivision to leave. So, that's -- that's a good thing to make sure that's going to happen. I did bring up last time about the pool. I know it keeps going around and around, but you should see that pool in the summertime. You can't get in it. It's just too packed, you know. There is a clubhouse there and I think the clubhouse can handle the extra homes, it's no problem. But that pool is -- it's just -- right now it's hard to enjoy it and with the new homes coming in it will be impossible to enjoy it. So, I just wanted to bring that up again about that. Also you mentioned about the HOA. Bear in mind that the developer is the president of the HOA and that we are getting no input from the existing homeowners as to what's going on. My understanding from the rules are we are supposed to have an annual meeting once a year. I'm one of the oldest residents there, I have been there three years, there has never been an annual meeting. I have never received a piece of paper, any financial Meridian City Council October 15, 2013 Page 12 of 48 statements or anything. You know, they mentioned about dues going up if you put another pool in. Well, I don't know. I have never received a financial statement. So, don't know. I think it would be nice if we had more input from the existing people about this development going on, because as long as the developer is the president, this is not the -- we get no information, nothing happening, there is no input or anything. So, just wanted to throw that out there, too. Okay? De Weerd: Appreciate your comments. Council, any questions? Rountree: No. De Weerd: Thank you so much. Vince Murphy signed up against. Good evening. If you would, please, state your name and address for the record. Murphy: Good evening. My name is Vince Murphy. I currently live in Hacienda North at 150 East Rio Colinas Drive, Meridian, Idaho. De Weerd: Thank you. Murphy: The reason I'm against it -- and I was not able to make the previous meeting in September -- is it's not what I purchased two years ago when I moved in. I moved in specifically because Hacienda was a very small -- expected to become a tight knit community. We have a lot of downsizers, retirees. It's not -- it's not a Paramount, it's not for families, and so I was hoping to be part of a very well run, close knit community and I think adding a hundred percent size has the negative potential to change the positives of a small community. We have had -- as Peter alluded to, we have had issues getting information to really understand the impact, for example, on dues with doubling the size of the subdivision. We were hoping within maybe a year to a year and a half, the way the market's going that we would actually have an owner-controlled association. Now, it's probably going to be another ten years before the developer will relinquish control. So, as homeowners who have invested in this community, we have had very little say. There has not been a lot of formalities in terms of opportunities to gather input, voice concerns, and there hasn't been a lot of sharing of information to the broad community that live in Hacienda North right now. So, I'm basically against it, because I think I was mislead when I purchased two years ago. There was no comments from the developer or his real estate representative at that time that something like this might happen and I for a lot of people living in Hacienda North, had we known this was going to happen we probably wouldn't have made the decisions to move in that we did and so I'm against it, because I think it changes the character of what this has the potential to be and maybe what the city originally wanted it to be when it was approved and I'd rather not see it go forward. De Weerd: Thank you. Council, any questions? Hoaglun: Madam Mayor? Meridian City Council October 15, 2013 Page 13 of 48 De Weerd: Mr. Hoaglun. Hoaglun: Quick question for Mr. Murphy. Has there been any discussion of forming an advisory committee that would try to draw him into where he -- he's the majority owner, but you have an advisory committee that can kind of make recommendations and see if -- and follow up. Murphy: We have actually had a lot of informal discussion between homeowners, but the developer has to be willing to receive those inputs. In my two years there has been very little opportunity to give feedback to the developer. I think if the developer truly had our interest at heart, instead of his own, he would reach out to us and ask for information, there would be more proactive meetings where we would have a chance to have dialogue and those have not occurred. Hoaglun: Thank you. De Weerd: Mr. Murphy, did they have a neighborhood meeting on this project? Murphy: There was a neighbor meeting, but -- and I don't know all the legalities, but only people within 300 feet were notified of that meeting and that did not include a majority of homeowners in Hacienda North. Most people did not -- the only reason I knew about it -- and I went to that meeting and the developer and his engineering representative were there, but Ijust -- I heard about it through the grapevine. I live outside of that 300 foot parameter, so I didn't get a formal notice and most people -- I think it was an unfortunate issue, because I think had everybody known I think we would have had a lot of representation there and I think the developer could have gotten a lot more input, both pros and cons, but I think that was an opportunity that was missed. De Weerd: Okay. Thank you. Rountree: Thank you. De Weerd: Okay. This next name I will probably mess up and, Virginia, I see you smile. So, I will leave it at that and let you pronounce it. Thank you for joining us. Ernsberger: It's Virginia Ernsberger and I live at 338 East Rio Calinas Drive and so that would be on the north -- very north side of the subdivision and I'm neutral on the project, because I feel that something's going to be built there, so it would be nice if it were tied into the neighborhood scheme, so that part is not an issue. But my most pressing issue is the traffic. Currently we have two entrances for our 93, '2 -- 92, 93 homes and so we are talking here I guess another 92 or 93 homes, but only adding one exit onto Producer. So, that's going to put a lot of strain on -- I think it's Cholla Hills. So, that entrance, which is what we are using now, would end up being impacted by twice the volume and this to me is too congested. So, I just throw that out. You know, I think that's more a city issue than it was the developer. I don't know if he asked for another egress-ingress from Meridian Road or not, so -- but there is a road there already. Meridian City Council October 15, 2013 Page 14 of 48 Where that home is there is a driveway and if that were actually another entrance to the development of these new homes it would spread the traffic more evenly and put less strain onto the current development and, then, the other issue that I would mention is that one of your planners mentioned the issue that's currently going on with regard to irrigation. I had no clue that there would be any issue with it. I'm a new resident to Meridian and I just thought, well, you know, water is water, it would be taken care of and, of course, after reading everything, the CC&Rs do say that the homeowners will take care of the irrigation district. So, several people were caught off guard that -- that they had landscaping that could be torn out. I mean I'm one of them and I had no clue. So, the only thing I throw out at this point -- we have to address that issue, but I throw out for the current addition is that you not put potential home buyers in this position. There is no way that a single person could be -- indemnify the irrigation district, it's just impossible. We can't be responsible for just the pipe under our house when, you know, one house out of 90. So, I just bring that up as a concern to alert and make those lots larger. If we say there is only three in the new subdivision, make sure those lots are larger, so they can accommodate some landscaping and keep the proper easement rules. De Weerd: Thank you. Council, did you have any questions? Okay. Thank you. And Karen Brodesser signed up as neutral. Brodesser: If you don't mind I will correct the pronunciation. De Weerd: No, I really don't mind. Brodesser: We get it all the time. It's Karen Brodesser. And I live at 5901 North Beaham. De Weerd: Karen, I have the same problem with my last name, so -- thank you for being here. Brodesser: I'm just -- I'm here after talking to someone here from the city. I wasn't able to make the last meeting and do have a dire concern about the traffic and so many homes just utilizing such few areas out on to Meridian and I am just more or less -- the other three have said all the things I would like to have said, so I'm just agreeing with them and saying that we need these all to be taken under consideration and I thank you very much. De Weerd: Thank you so much. Those are the names that signed up. Is there anyone else who would like to provide testimony on this item? Okay. Would the applicant like to come up and respond? If you will state your name for the record. Leraris: Justin Leraris. J.J. Howard Engineers. De Weerd: Thank you. Meridian City Council October 15, 2013 Page 15 of 48 Leraris: Mayor and Council, I'd like to, first of all, just say that -- I'm -- I'd hate to hear there has been problems with the La Marada or Hacienda homeowners association and that's what it sounds like a lot of the problems are coming from homeowners in that subdivision and (will certainly bring that to Doug's attention to let him know that there is a lot of animosity there and that he needs to iron some things out and keep them more informed. We did, you know, send out the letters for the neighborhood meeting. We had a good turnout at the meeting. We heard from a lot of people, including some that have shown up here tonight and, of course, we do have the signs also posted for -- pre the hearing. So, I think it was -- you know, the signs were posted at the west entrance, the north, and the east. So, it should have been pretty well advertised and letters sent out and published, so -- as far as the traffic goes, this isn't -- you know, this isn't like a commercial development or anything like that. We are adding, you know, 93 homes at full build out and there is really not much more that we can do. Access to Meridian Road was asked for, it is something that the developer wanted. However, ACRD prohibited this, because -- I think it's -- 640 feet is the separation that's needed on that arterial road and because of East Producer and La Jalla Hills, that wasn't possible anywhere along that line to add another access to Meridian Road. That's -- that's a road they want to keep clear and traffic moving on and so, you know, therefore, you know, we had the three stub roads. There wasn't any way that we could even get a -- you know, I couldn't even argue for some sort of extension, because we do have good access to the subdivision. Oh. And the last item was the irrigation easement. This is -- it's like Bill said, it's a little bit different than Hacienda. There was a ditch basically ran right through the middle of that site. The only place we have it here is in the northeast corner and we have a 40 foot easement there. Those lots have been made extra deep. They are about 30 feet deeper than the other lots. And the reason that we put -- keep it in an easement, as opposed to -- because we did discuss this at length -- making that a separate common lot, if we felt like that was a worse option, because, basically, you're creating a common lot that you have to maintain from the homeowners association and it's basically a no man's land and we'd rather give that property to the homeowner to have an extra large backyard, but they just can't build any structures there and that's something that should be brought to their attention in their title report. It's on the plat. And those things, you know, I think they should be -- they should be well known that there is an easement back there that you can't build on, so -- that's all. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Thank you. Leraris: Thank you. De Weerd: Staff, any further comment? Meridian City Council October 15, 2013 Page 16 of 48 Parsons: Madam Mayor, Members of the Council, staff has nothing to add. De Weerd: Thank you. Hoaglun: Madam Mayor. Bill, could you put up the DA staff recommendations? Rountree: Any questions? Hoaglun: No questions. De Weerd: No questions? Hoaglun: No questions. De Weerd: Mr. Nary, I guess I have a question. We have had another subdivision that has combined -- that has combined different --different phases that didn't come in at the same time and shared the community pool and it's been a point of contention. What is the process of doing that? We don't get into CC&Rs and certainly that -- that's a private document with the HOA, but would not a vote need to be taken from the HOA members -- the members in the HOA? Nary: Well, Madam Mayor, Members of the Council, without seeing the CC&Rs I don't know what their requirements are to add more properties to them, but we would just need -- we require they provide amenities, whatever those are. If they are telling us the amenities are this pool and they have permission to use the pool like across-access agreement would be in another context, that's all we would require. Unless I'm mistaken and Mr. Parsons could correct me, but I think all we are required -- they just need to show us some proof that they have authority to use that amenity as an amenity for us to consider it. But whether that requires a vote, that's totally up to how their CC&Rs are crafted. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Technically the rules have been followed, but they really haven't accomplished what we generally see accomplished when they are followed and that's an open exchange between the developer and the homeowners, not necessarily just the folks within 300 feet. It seems that there is some issues here of concern and I have a concern about the combining of the HOAs and what their CC&Rs might say. They might tell us that it's okay to combine them, but there might be something in the CC&Rs that, then, puts the various subdivisions at odds with one another and they, then, have to go through some kind of a civil action. I don't want to be in that situation. I'm suggesting that this is an annexation and this is our last opportunity to really kind of resolve this issue, that we give the developer an opportunity to address these issues with the adjacent homeowners, not just the folks within 300 feet. The people that Meridian City Council October 15, 2013 Page 17 of 48 actually are going to end up paying for the swimming pool and paying for the open spaces, to maintain them. Let them have an opportunity to have a meeting with those folks, see if there is resolve. If there is not resolve, that's fine, but at least there is an opportunity to do that and, then, bring it back at some time in the future. Other than that, one could technically say all the I's have been dotted and the T's have been half crossed, but I think there is an opportunity and hopefully a willingness on the part of all the parties to work together and resolve these. They are not really difficult issues, but you really don't want us to solve them for you. De Weerd: Yeah. You don't want us to solve them for you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Councilman Rountree, are you suggesting that we extend these public hearings to a date certain? Rountree: That would be my suggestion. De Weerd: Okay. We do have the applicant here. Would you -- Rountree: The hearing is still open, so -- De Weerd: Uh-huh. Rountree: If you wanted to address that. De Weerd: So, the suggestion is to continue the two public hearings to a date certain to allow the homeowners to get together with the developer and talk about some of these pending issues. Leraris: Yeah. I would have to disagree with that. I mean I think -- there are a few people in disagreement with this in coming from the HOAs, but we haven't been getting flooded with phone calls or anything. I haven't seen this attempt to -- to get this thing resolved and they have known about this for a good deal of time, you know, on their end as well. You know, holding this thing up to the next hearing is going to cost him more money than you might think and so, you know, I think this is just -- it's an issue that we can definitely work through. I know Doug does want to keep his homeowners happy. He wants to -- to continue to fill up these subdivisions and keep people happy. So, he will do, you know, Ithink -- you know, I will definitely recommend that we take this to vote, whether or not it's in the CC&Rs that he has to, but every time I have talked to him he's been more than willing to work. His availability is the thing that's -- he's a busy guy. But, you know, I think even -- if this is passed, it's not like we are just going to -- oh, we are going to ignore it and do this and that. You know, we are going to -- we still have a final plat hearing and things that we have to do before we can go and sell lots. I don't Meridian City Council October 15, 2013 Page 18 of 48 think this is the last step by any means and so I don't think this needs to be continued for the sake of some people that have some disagreements with combining the homeowners associations and like -- I really haven't seen or heard, except from a few people, about the -- how crowded the pool is. I know in my homeowners association we have a whole lot more users on a smaller pool and so -- you know, I'm sure at times it does get busy and people invite families and things like that, but I think that should be handled within the homeowners association and not in a public hearing, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I should have asked this earlier, Justin, but on -- in the first Hacienda North was the right of way -- would irrigate with Settlers Irrigation District, was that noted on the plats? Leraris: Yes. Bird: It is on the plat? Leraris: Oh, sure. The easements and everything were on the plat. Bird: So, if they build on it or stuff, that's their own discretion. If it's on the plat, then, the developer is clear. Leraris: I mean I don't know personally how it was brought to their attention. I know some people will buy a house without even looking at the plat. Bird: Well, yeah, but, then, that's off the developer. That's on the owner. Leraris: Sure. Sure. Yeah. Those things were -- you know. Bird: If it was on the plat and you're positive it was on the plat? Leraris: I'm not -- I didn't do that plat, I -- but I have seen it. Hacienda was a different development than the one that we are currently working on, but what I have seen of it, yeah, those are recorded easements, yes, on the plat. Bird: Sometimes recorded easements don't get to the plat. Leraris: Oh. I understand. No. I have seen those on there. De Weerd: And I would argue -- homeowners don't know what an easement is, so, I'm sorry, I think that that needs to be pointed out at closing by the realtor and those kind of things, so -- Meridian City Council October 15, 2013 Page 19 of 48 Bird: I agree a hundred percent, but -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Comment to Justin. You know, you talked about this moving forward and you have the agreements and talk -- the developer talks about things, you know, these -- think Councilman Rountree was correct, these are just minor issues, technical -- I mean there is -- I don't know if you have 93 homes already built on the other -- or 92 in the first Hacienda site, but, you know, it's something we just want to make sure that the people are heard and they feel comfortable where they live and I think Mr. Murphy said it, you know, you just want to be part of the community and, you know, Meridian is getting to be a bigger city and -- but, yet, we have some very nice developments and we want people to feel comfortable and this is their neighborhood and they care about it and they know their neighbors and those types of things and it goes a long way when a developer can foster that and start them out on the right foot and even though this is coming on and you're bringing one later on and it's going to be one unit and there might be some pool issues and -- and I'm in the same situation where the subdivision -- it's a very large subdivision and they are very crowded during the summertime. Lots and lots of kids, but it's just one of the things. It's a very popular place. And things like traffic you can't control. ACRD has said no access and we understand that. There is nothing we can do about that. But things of communication, I guess, you know, where -- how can we help improve that is I think what Councilman Rountree was trying to find a way -- where can we make that -- maybe start it off on a good foot and move it forward before this thing -- because, technically, yeah, there is nothing here that says, oh, you can't do this. You shouldn't be doing this. It's traffic. People don't like more traffic, but this isn't going to be a vacant piece of land, something is going in there and it looks like a nice development, it will match it and will do well, but I kind of tend to think maybe if we put it off for a week and I know that time can be money, but just to make sure there is something that a dialogue is started moving forward, because there is change coming and it's difficult sometimes. We don't like the change, but we have to deal with it and there is good ways to deal with it and maybe by putting some folks together in the same room might be able to help. Leraris: Yes. I understand. I respectfully disagree. I just -- I think that, you know, most of the complaints tonight were about La Marada Subdivision and that homeowners and the city really doesn't have control over CC&Rs and homeowners associations and that's kind of the issue here. This -- this new subdivision -- I think it's going to be beneficial to the community. It melds well with the other -- it's the same characteristics of homes and everything and so it doesn't change drastically the nature of that development in any way. I do think that there is -- I agree that -- I'm a hundred percent that communication should opened up and, like I said, I will pass that word on to the developer that he needs to take care of his -- his current residents and his association and start keeping them better informed and letting them, you know, what -- here is what's coming, the new amenities, and what's going on with the homeowners Meridian City Council October 15, 2013 Page 20 of 48 association. I just don't -- I'm not sure that delaying this really -- there is any really true reason to do that, based on what this application is as it stands alone, as opposed to problems that are in the existing Hacienda Subdivision, so -- De Weerd: But you're not asking it to stand alone, because you're suggesting that this subdivision utilize an amenity in the existing subdivision and -- and that's where the two collide. This -- the existing subdivision is a beautiful subdivision. It is an amenity to our community and the extension of it, phase two, will be as well and I did hear you say the developer is a busy man, which is why we are having communication problems; right? Leraris: Right. De Weerd: And this gives them an opportunity to -- for him to share why it makes sense to combine the two subdivisions into one HOA and to -- to hear the concerns of the neighbors. If they are saying it's busy now and you add 93 more houses, it's going to be very busy and we have seen this happen before. So, the developer does need to talk with the existing homers and say what is the tipping point for when the busy turns into a second pool and what would warrant that and improved communication is -- is essential to that. Leraris: I guess my only question is what is being required of us in terms of communication? Do we need some sort of agreement and why wasn't that made known to us in the application. There is -- you know, we -- like you said, we dotted all our I's and crossed all our T's and we did everything we could to bring the project to be -- you know, it's kind of a slam dunk project, too. It's like there is nothing truly tricky going on and, yeah, it doesn't stand alone, because we are marrying the two homeowners associations, but I think that's fairly common and -- and Ireally -- I haven't -- with the exception of a few people heard that the pool is overly crowded, but -- I just -- I guess what I'm asking is what do we need to move forward? We have a meeting. We get an agreement that this -- and what if some people still disagree, it's either a pool or nothing? I don't think you can say -- because we are providing the amenities that are required for this -- this subdivision and the only thing that's different is, yes, we are combining the qualified open space, but this one is just a hair shy of it by itself and there is well over ten percent open space if you count the buffer and everything like that and so it's not like it's -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Justin, you're not only combining the HOAs, but you're also -- in your application did you not -- the pool was the amenity for this one? Leraris: No. Meridian City Council October 15, 2013 Page 21 of 48 Bird: It is not. It's a stand alone. The amenities that we see on here for -- for the south is it. How did the pool even become involved then? Leraris: The pool is part of the existing Hacienda Subdivision -- Bird: Yes. Leraris: -- and we are bringing the two homeowners associations together and, therefore, the residents in this new development will be able to use that pool. And so I guess I mean in the sense that -- Bird: It is part of your amenities then? Leraris: Well, I guess. I mean -- I mean it is and it isn't, because with this one we needed -- was it one -- one additional amenity? Is that the requirement? And so that's what the gazebo was and -- Bird: But if you marry the two HOAs you're marrying the amenities. Leraris: Okay. Bird: That's the way -- I mean at least that's my thoughts. Hoaglun: Madam Mayor? Leraris: No, I -- point taken. And I think that's -- well, I guess I just don't know what the requirements are here. You know, is there a requirement for a square footage of pool for the number of units? Bird: I couldn't lay out the requirements either, but -- Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: To kind of help clarify this, my thinking is it's not to keep coming in and saying, okay, we are going to build a second pool or not, because the developer could approach the folks and say, you know, if we build a second pool it's -- your homeowners dues are going to jump to X amount and, then, they go that's totally unacceptable. Pools are a very expensive amenity to have. Leraris: And that has been brought to their attention. We discussed that -- Hoaglun: Yeah. But -- you know. So, I don't want to say, oh, it's got to be a second pool, it's got to be that. It's just a matter of having the dialogue and checking in and maybe having an advisory committee until there is a fully -- a homeowners association Meridian City Council October 15, 2013 Page 22 of 48 that's fully in charge and they are running it -- you want to reach that point where people feel like they have a say in what's going on and they know that somebody is listening -- you know, it might be a management company he has eventually running it, that type of thing. But I don't know. It's just getting that sense that -- people being heard and you can't please everybody, but it really helps when people feel like they are being listened to and that's kind of what we picked up on tonight that there is some issues there and, you're right, this is a good development, it's going to be a nice addition in that area and fill that in, but I definitely have a feeling, even though it's not, you know, 50 people here tonight, there is still some things out there that kind of have to -- people have to be listened to. So, that's kind of -- at this in time we can kind of say, you know, we just want to make sure that they are heard and I think that's kind of what I'm looking for. Are they heard. Leraris: And I think they have been heard. Like I said, I think it can be addressed. I don't think we necessarily have to blow things up here tonight. I mean -- De Weerd: Council, what is your direction on this? Rountree: Well, Madam Mayor -- De Weerd: Mr. Rountree. Rountree: -- we can -- Bird: We can go forward. Rountree: -- we can fashion some DA provisions here to take care of the issues and move forward. Bird: That's what he wants. Rountree: If that's what he wants to do. So, I'm -- I would suggest that we add a DA that speaks specifically to the developer exercising the terms and conditions of the CC&Rs with respect to the homeowners of the existing subdivision, so there is meetings and communication. We add to the DA that the existing pool be reviewed by the health district and assure that the size of the pool would accommodate the 93, plus the existing melded subdivisions together and, if not, then, the size of the pool would have to be enlarged in order to do as a condition of annexation into the city. To me those real issues. Those are public health issues, they are not necessarily just out of the blue issues. Traffic's been brought up. I understand the traffic. It's -- and if the developer or -- told me it wasn't going to look like this, that's pretty common and ACHD has provided us an analysis of the traffic and it's probably going to be all right. In fact, it will be all right. As far as what people get told on a sale, we get told -- we get told a lot of things as well and that's why I appreciate what you're saying, you will work it out, but we want something somewhere that's contractual to where it is worked out. Meridian City Council October 15, 2013 Page 23 of 48 Leraris: I can see that that's something as part of the development agreement, so -- Rountree: So, I would suggest those two things be added. I don't know if anybody else can think of anything else to -- Hoaglun: The CC&Rs -- you know, I was trying to think along the lines, Madam Mayor and Councilman Rountree, if we can establish an advisory committee until they have a formal one, but that's kind of a private -- that's a private deal. So, we are kind of -- can't go there, so -- De Weerd: That would be advice to the homeowners. Hoaglun: Yes. We will put that under advice. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council, Council Member Rountree. So, on that condition regarding the pool and verification of the size -- De Weerd: Thank you, Justin. Nary: -- then the requirements would be in the development agreement that they must -- they must have an adequate pool amenity suitable for the size of the current existing subdivision, as well as the property to the south. Rountree: The combined -- Nary: The combined. Okay. So, whether it's larger or a second one, either one of those is complying -- would be compliant. Okay. We can do that. Thank you. De Weerd: Okay. Council, do I have a motion to close the public hearing? Rountree: Madam Mayor, I move we close the public hearing on items 8-B and 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on 8-B and 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve the annexation for Item 8-B, AZ 13- 007 with the comments of staff and the applicant and the neighbors included, as well as the development agreement proposal provided by staff with the addition of the two items Meridian City Council October 15, 2013 Page 24 of 48 that I mentioned in our discussion with respect to the communication with the -- through the homeowners association through their existing bylaws and conditions and the central health be advised and sought the information on the size of the pool that would be necessary for the size of the combined subdivision. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll on 8-B. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: PP 13-016. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the preliminary plat for 13-016. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: VAC 13-005 Spurwing (AKA Spurwing Challenge) by The Club at Spurwing, LLC Located on the North Side of Chinden Boulevard, West of N. Long Lake Way Request: Vacate a Portion of the 12-foot Wide Public Utilities, Drainage and Irrigation Easement (PUDI) Platted on Lot 78, Block 1 of Spurwing Subdivision De Weerd: Item 8-D is a public hearing on VAC 13-005. I will open this public hearing with staff comments. Meridian City Council October 15, 2013 Page 25 of 48 Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Spurwing vacation application. This project was platted in 2012 as the Spurwing Challenge Golf Course. It's located on the north side Chinden Boulevard about approximately a mile west of North Linder Road. The area of the easement is depicted here on the exhibit before you. Here is the -- basically the approved final plat. The exhibit here shows what easements were platted with that subdivision -- public utility drainage easements that were platted with that subdivision and what remained with the county subdivision in 1995. The applicant is here this evening to basically request your approval to vacate this hashed portion that's running north and south along the common lot and, then, the two buildable lots. As I mentioned to you, you can see the utility routing has been approved in this configuration with the new subdivision. Staff has received written relinquishments from the applicable utility providers supporting the easement vacation. Also received written testimony from the applicant in agreement with the conditions of the staff report. To my knowledge there aren't any outstanding issues before you and I would stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Would the applicant like to make any comment? Good evening. If you will, please, state your name and address for the record. Christensen: My name is Chuck -- is this on? De Weerd: Yes. Christensen: My name is Chuck Christensen. My address 1904 West Overland Road in Boise. De Weerd: Thank you. Christensen: I'm just here to answer any questions if you have any. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Okay. Council? Bird: Madam Mayor? Meridian City Council October 15, 2013 Page 26 of 48 De Weerd: Mr. Bird. Bird: I move we close the public hearing on VAC 13-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 13-005 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Twenty-Two (22) Single Family Residential Building Lots and Four (4) Common/Other Lots on 7.56 Acres of Land in the R-4 Zoning District De Weerd: Item 8-E is a public hearing on PP 13-020. I will open the public hearing with staff comments. Chatterton: Madam Mayor, Council Members, this is a preliminary plat for Golden Valley Subdivision. The site consists of 7.56 acres of land. It's currently zoned R-4. It's located on the west side of South Locust Grove Road and north of East Amity Road. A little bit on the history. This site was originally annexed in 2006 with a development agreement and a preliminary plat. The preliminary plat later on expired. So, the proposed preliminary plat, the very first plat, consists of 22 single family building lots and four common lots. The gross density of the subdivision is just under three acres Meridian City Council October 15, 2013 Page 27 of 48 and is consistent with the land use plan. There is an existing home and shop on Lot 15, Block 1, that's at the southeast corner of the site that's proposed to remain. Access will be through the north boundary via East Wainwright Drive and Reflection Ridge Subdivision and the two existing driveways for the existing home via Locust Grove are proposed to be removed and access provided internally from within the subdivision. Direct lot access via Locust Grove to the subdivision, of course, will be prohibited. A minimum of ten percent qualified open space and one site amenity is required and proposed also to be provided with this development. We received conceptual building elevations for the future homes. They depict materials that you can see consisting of architectural shingles, board and batten and lap siding and cultured stone wainscoting. Staff does recommend as a condition of approval that the rear or sides of structures on lots that face Ustick Road incorporate the normal articulation through changes in materials, color, modulation and other architectural elements to break up those monotonous wall plains and roof lines. Through the existing development agreement Lots 10 through 13 of Block 1 are restricted to single story in height and Lots 11 through 13 are required to have a minimum 20 foot rear building setback. The P&Z recommendation is for approval. At the public hearing Kevin McCarthy testified on behalf of the applicant of course in favor. In opposition was Scott Stewart, Matt Schultz, who is representing Mission Coast Properties to the north also testified and written testimony was received from Kevin McCarthy and Jim and Patricia Curtis. We also have received a letter that's in your packets from Warren Duthy with Mission Coast Properties, owners of Reflection Ridge and that's in your packet. Some of the key issues discussed by the Commission were the width of the street buffer along Wainwright Drive and, as I mentioned earlier, the design of the rear elevations of homes backing up to Wainwright Drive. Some of the key changes to staff recommendations coming from the Commission. First of all, they wanted to correct the idea of open space as being the amount -- clarifying the amount of qualified open space and that has been corrected. A reference to South Locust Grove Road, rather than Ustick Road, was corrected and also to confirm the requirement for the homes that back up to Wainwright Drive to incorporate articulation in the rear facades. That's it from staff. I would be happy to respond to any questions. De Weerd: Thank you, Bruce. Council, any questions? Bird: I have none. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. McCarthy: My name is Kevin McCarthy. 9233 West State Street in Boise with KM Engineering. De Weerd: Thank you. McCarthy: We really don't have any issues per se with what was just stated by staff. The only thing I'd like to point out is the buffer that was requested by Mr. Schultz and Meridian City Council October 15, 2013 Page 28 of 48 Reflection Ridge we are planning to comply with city requirements on that. I have actually got an exhibit here that I didn't have time to get to staff, but I can either hand you guys a copy or I have a jump drive I can bring it up with that. Either of those am I allowed? De Weerd: Yeah. If you want to give it to staff we can put it on the overhead screens. And if you have a hard copy if you can give that to Madam Clerk, that would be appreciated. McCarthy: Well, the purpose of this exhibit is two fold. One is to show the open space and how -- and the changes we have made along Wrightwood Drive and, then, also we wanted to have a little bit of a further discussion, which we also had at the P&Z hearing, about the fencing requirements abutting the open space. My client has a desire where we have backyards facing open space to maintain a six foot fence. The requirement is a four foot and we'd like to change that to make it six foot. We have shown some examples along the left here of potential fence types that could be used. While they are not necessarily, you know, just a solid fence, there'is some kind of a -- you know, there is a -- it's more of a privacy fence where you can still see over the top. So, for example, the one on top there that you see, you know, it's solid to a point and above that you can still see through it, which I think is the intent. So, these are some options that we are wanting you to consider in order to accommodate that. Further, we would -- as you can see on this exhibit if you look in the center area there, it shows four foot fence right -- once it gets to the front of the homes right in that area we can accommodate the four foot fence. As soon as we go back around the back through here is where we would like it to be six foot and with that six foot, like I said, we could accommodate with a different fence type and not just have it be a solid vinyl fence. We showed something similar over on this area here where it meets a four foot fence there and, then, move to a six foot fence going towards the back -- to the backyard. The whole idea being is you have the backyard have more privacy and that's what we are trying to accomplish by doing this. So, with that I would entertain any discussion on topic or answer any questions. De Weerd: Council, any questions? Hoaglun: Madam Mayor, just a quick comment. I think he's one of the first to figure that out without doing -- shifting different colors. I commend you for that. That's -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a clarification that the note -- De Weerd: Is your speaker on? Zaremba: I think it's on. Meridian City Council October 15, 2013 Page 29 of 48 De Weerd: Okay. Zaremba: The notes that we have are referring to a Wainwright Drive and I see by the -- what you're showing us there is a Wrightwood Drive. Are the notes appropriate to Wrightwood? McCarthy: You know, we didn't name that street and I don't know that it's actually been platted yet and so I have heard them calling it Wainwright. We have had it as Wrightwood. We will get that clarified, but we know what we are referring to. Zaremba: The issue is we have some requirements for backs that back up to it and I just want to make sure that we -- we have had the notice that something that referred to Ustick really meant Locust Grove. I just want to make sure that we don't have confusion about Wrightwood and Wainwright. McCarthy: Right. And some of that's -- I'm going to follow up with another project right after this that is off of Ustick, so I think -- and they both came in at the same time, so, the staff reports kind of ran concurrent. So, that's kind of what happened there. We will get the street name figured out, but we will have to work with the neighboring developer to make sure we have got it correct. Zaremba: Madam Mayor. So, my point is you`re in agreement with the issues -- McCarthy: Right. Zaremba: Whatever the name of the street is. McCarthy: Fair enough. Zaremba: Okay. De Weerd: Okay. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Clarify, then, Kevin. The only issue you have compared to what's the -- you're okay with what the Commission reported. The only issue is the height of the fence in those locations? McCarthy: Correct. And, really, we are just looking at it for -- particularly along the front of the home and the transition going to the backyard and we can go to the six foot, but, again, it's looking more as a privacy fence. Meridian City Council October 15, 2013 Page 30 of 48 Hoaglun: Going to what you showed there on the -- like a lower private that has -- McCarthy: Yeah. Four foot in the front yard area. Hoaglun: Okay. De Weerd: Mr. Rountree. Rountree: Madam Mayor, the fence issue was something we talked about recently and so we don't have a four foot fence backed up by a six foot fence, is what's being proposed here consistent with what we are trying to accomplish in our discussion to eliminate that situation? Chatterton: Madam Mayor, Council Member Rountree, yes, it is. We won't have a double fencing situation. Rountree: Okay. Thank you. De Weerd: Good answer. Okay. Anything further from Council? Bird: I have none. De Weerd: Okay. Thank you. McCarthy: Thank you. De Weerd: This is a public hearing and I do have one person that signed up. Scott Stewart signed up against. Okay. Thank you. This is a public hearing. Is there anyone else who would like to provide testimony on this item? Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on Item 8-E, PP 13-020. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor, I move that we approve the preliminary plat 13-020, subject to staff's comments, recommendations and information provided by the developer. Meridian City Council October 15, 2013 Page 31 of 48 Bird: Second. De Weerd: I have a motion and a second. Does that include the fencing? Rountree: That included the fencing as described by the developer. De Weerd: Okay. Does second agree? Bird: Yes. De Weerd: Okay. Any discussion? Madam Clerk? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Ustick Road Request: Preliminary Plat Approval Consisting of Sixteen (16) Single Family Residential Building Lots and Four (4) Common / Other Lots on 2.82 Acres of Land in the R-8 Zoning District G. Public Hearing: MDA 13-016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion of a Revised Conceptual Development Plan and Building Elevations De Weerd: Item 8-F and G are public hearings on PP 13-019 and MDA 13-016. I will open these two public hearings with staff comments. Chatterton: Madam Mayor and Council Members, we have two items tonight for the Copperleaf Subdivision. Preliminary plat and a development agreement modification and the DA modification, by the way, is to remove a requirement that two townhouses are to be developed. It's removing that requirement. The site consists of 2.86 acres of land. It's currently zoned R-8. It's located in the south side of East Ustick, about a quarter mile west of Cloverdale. The property was annexed in 2008 with a development agreement. The concept plan shows an assisted living facility that was originally approved. In 2012 the DA was modified with an updated concept plan for a single family subdivision, consisting of 14 detached lots and two townhomes. The current request is for a plat consisting of 16 single family homes and four common lots, zoned R-8 and the -- the density is consistent with the land use plan of medium density residential for this property. There are two existing homes and associated outbuildings Meridian City Council October 15, 2013 Page, 32 of 48 on this site that are proposed to be removed upon development. Access is proposed at the south boundary via East Arch Drive, an internal street within Red Feather Sub and a stub street is proposed at the west boundary for future extension. Direct lot access via Ustick Road is, of course, prohibited. Conceptual building elevations were submitted for future homes in the development that show materials consisting of architectural shingles, board and batten, lap siding, cultured stone. As you know, design review is not required for single family homes, but we do recommend consistent with city policy that a -- a DA provision that the rear or side of structures on Lots 10, 13 and 14, Block 1, that face Ustick Road incorporate articulation of those materials. Approval of the plat is contingent upon a modification to the development agreement being approved by Council to change the number of detached single family lots with no townhouse lots. At the public hearing Kevin McCarthy testified in favor for the applicant. In opposition Aaron Hansen, Vince Skinner, Judy Varney and Richard Varney also represented several individuals, including himself by proxy. We also received written testimony from Kevin McCarthy. Key issues of discussion by the Commission was the height of the fence adjacent to the pathway. The key change the Commission made to staff recommendation was to allow reduction in open space and an increase in lot sizes. We have no outstanding issues and be happy to answer any questions. Rountree: Madam Mayor? De Weerd: Thank you, Bruce. Yes, Mr. Rountree. Rountree: How many times are we going to see this -- iterations on this piece of piece property? It's getting on the verge of being almost ridiculous. Chatterton: Madam Mayor, Council Member Rountree, I think staff feels the same way. You know, each application, of course, that comes before us we try to treat it despite the history as being anew -- you know, a de novo application, but, yet, there have been several modifications to this and perhaps we are getting it right now. Rountree: So, Bill or Bruce, either one, could you explain the difference between this and the last one that we went multiple hearings on and finally got approved? Chatterton: Madam Mayor and Council Member Rountree, the only difference is that this is now the preliminary stage and we are removing that -- modifying the development agreement to not require development of -- of two townhouses. It's all single family. Rountree: Okay. De Weerd: The lot layout is basically the same? Chatterton: Yes. Rountree: Okay. Thank you. Meridian City Council October 15, 2013 Page 33 of 48 De Weerd: Anything further from Council for staff? Is the applicant here? I knew you were. I just was giving you a chance to slide out real quick. McCarthy: I appreciate the opportunity to slide out. Kevin McCarthy, 9233 West State Street with KM Engineering. De Weerd: Thank you. McCarthy: I have just kind of got the same drill as last time. Bill, if you could -- you already got it up, so -- so, I understand now that this project has been before you a number of times and, Councilman Rountree, I will just expand on it. Before this had the cul-de-sacs and one other change we are making is we are providing a stub street to the west. So, that is one other change. Similar to the project I just presented to you, you can see that we are looking at the same things with the fencing, with the lines of the four foot fencing and going up to a six foot fence. This is similar -- the same type of a fence that I just presented to you previously. So, that's the only other thing we have under consideration for this. As far as the open space goes, there is a little confusion there whether this needed -- is required to have open space when they originally submitted it. It turned out it was not, but we are not planning on changing this, we are still planning on having the pathway connection to Ustick. The only thing that it may change is we may make a couple of lots slightly bigger, but the open space you see here is what we have planned. So, with that I will answer any questions you may have. De Weerd: Thank you. Council, any questions? Mr. Zaremba. Zaremba: Madam Mayor, thank you. In most of the previous discussions that we have had about this piece of property apparently people from the existing subdivision that surrounds this at least on two sides, access the school that is east of this property through either a real pathway or a pathway that just sort of happened south of your property. Do you know where that is in relation to your southeast open space there that -- that's the triangular -- McCarty: My understanding is that -- if this arrow went down a little bit farther -- this is their open space here for -- this is for storm drainage and there is a pathway down here that connects into the school. You will have a pathway here to get to the school and you will also have another one now where you will be able to go to the front of the -- our property and access it via the sidewalk -- this new sidewalk out there along Ustick. Zaremba: So, what you're doing is not blocking the existing either real or imagined pathway -- I'm not sure what it is. I haven't heard that it's paved, I think it's just used, but -- but, anyway, you're not blocking that, so -- McCarthy: No. Zaremba: Thank you. Meridian City Council October 15, 2013 Page 34 of 48 De Weerd: So, in the past there has been concern about the traffic and I see that you have provided a stub to the west that wasn't there; correct? McCarthy: Correct. De Weerd: Okay. Do you know what the plan is if that redevelops? Will they have an access to Ustick or will that traffic go down past these homes? McCarthy: We don't know until that application comes in, but our understanding is, you know, any additional access to Ustick Road are extremely unlikely and so this property next door, while it's not very big -- I think it's only a little over an acre in size -- they will connect to this road and have some form of a turn around there and they can get a few lots in there. De Weerd: Okay. McCarthy: But they would take access to our road. De Weerd: Thank you. I couldn't tell how big it was just on that one thing. McCarthy: Yeah. There is a subdivision just on the other side of that. De Weerd: Okay. Thank you. Council, any further questions? Bird: I have none. Rountree: I have none. De Weerd: Thanks. McCarthy: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on either of these items? Good evening. If you will, please, state your name and address for the record. Long: Michael Long. 1104 Northwest 6th Street in Meridian. De Weerd: Thank you. Long: Hearing the history of this lot it seems like there is a developer fishing for a development in an otherwise vacant space, which, you know, is an in-fill development, so I'm not opposed to it. But the design of this and the layout and asking for a variation of the amount of open space I don't think it should be granted. I don't think there is enough open space available near it to allow for a variation. Of course, it's not up to me. And the turn to the right just seems like an effort to shoe horn, you know, an overly Meridian City Council October 15, 2013 Page 35 of 48 dense development into a small marginally useful space that would appear to be having a -- you know, machinations on the property next door, which would, then, result in just a road butting up to somebody's backyard besides. Those are my comments. De Weerd: Okay. Thank you. Council, did you have any questions? Okay. Any other testimony? Hoaglun: Madam Mayor, a question. This might be for staff. I can't recall, but wasn't this -- was this going to be part of the homeowners association, this particular development was going to be part of the homeowners association or were they separate? Chatterton: Madam Mayor, Council Member Rountree, do you mean were they going to be combined with the existing -- with the surrounding neighborhood? Hoaglun: Correct. Yes. Chatterton: No. Hoaglun: Okay. Madam, Mayor and Bruce, that was last time and I couldn't remember where that ended up, so -- Rountree: Madam Mayor, just clarification with Bruce. The reduction in open space is a reduction from what was in the DA; correct? That's still consistent with our ordinance. So, it's not a variance. It's slightly less than what was proposed, still ten percent or better. Chatterton: Madam Mayor, Council Member Rountree, yes, it's still consistent with the code, it's just reduced from what was originally proposed. McCarthy: Just to clarify on the open space -- De Weerd: If you will state your name once more for the record. McCarthy: Kevin McCarthy. 9233 West State Street. De Weerd: Thank you. McCarthy: We are not required to provide any open space with this project per code. De Weerd: Because of the size. McCarthy: Correct. So, what I'm -- what we are trying to point out is that we are providing open space and we don't have to. So, that was the point. When we originally put it together we put it together with the intent that we could have ten percent, because that was our understanding. After the fact we found out that it was actually zero. So, Meridian City Council October 15, 2013 Page 36 of 48 we may be slightly under ten percent, the reality is that we don't have to provide any per code. So, I just wanted to clarify that. De Weerd: Okay. Council, any questions for the applicant? I do appreciate you giving access to the property to the west. Otherwise, they are landlocked. Especially if ACHD would not allow them access, there would be no way for them to do anything with their property. So, that was missing from the most recent application we saw, so this is appreciated. McCarthy: Thank you. De Weerd: Okay. Anything further from Council? Okay. Staff, anything? No? Chatterton: No. Thank you. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Move we close the public hearing on PP 13-019 and MDA 13-016. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-F and G. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 13-019 and to include all staff, applicant and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-F. Mr. Hoaglun. Hoaglun: Madam Mayor, just to check with the maker of the motion. Does that include his request to have the six foot fence in those particular areas? Bird: That was his testimony. Meridian City Council October 15, 2013 Page 37 of 48 Hoaglun: Okay. I just wanted to be certain. Bird: It was accepted. Hoaglun: Great. Thank you. De Weerd: The visible -- visible spots. Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve MDA 13-016 and include all staff, applicant, and public testimony. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-G. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. H. Public Hearing: TEC 13-006 Shops at Victory by DMG Eagle & Victory, LLC Located 3210 S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2) Year Time Extension on the Conditional Use Permit to Commence the Approved Use De Weerd: Item 8-H is a public hearing on TEC 13-006. I will open this public hearing with staff comments. Chatterton: Madam Mayor and Council Members, this is a time extension for the Shops at Victory, proposed both the plat and the conditional use permit. The site is 3.68 acres. It's currently zoned C-C and is located at the southeast corner of South Eagle Road and East Victory Road. The applicant requests a two year time extension for both the plat -- Meridian City Council October 15, 2013 Page 38 of 48 for the plat in order to obtain the city engineer's signature on the final plat and a two year time extension as well on the conditional use permit to commence the approved use. This is the third time extension requested by the applicant. As a condition of the -- of the -- of the extension request, as is our policy, staff recommends that the applicant comply with the updated standards noted in Exhibit B of the staff report upon development of the site. Staff also recommends a new condition for the pathway and the site to be shifted further to the north to align with the existing pathway. Before the Commission there was written testimony from Greg Goins. We do recommend approval with the conditions in Exhibit B. De Weerd: Thank you, Bruce. Council, any questions? Bird: I have none. Rountree: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I guess this is a conceptual question that may apply to other properties, as well as this, but there is an existing house, I guess it is, on this property that has long been abandoned and is becoming derelict. I happen to drive by that intersection occasionally and even noticed it the other day. As we go through these time extensions is there a point at which we would say go ahead and remove that building as a condition of the time extension? Chatterton: Madam Mayor, Council Member Zaremba, I don't know a mechanism for doing that through the time extension process, although I suppose that would be a good question for the city attorney, but I think as always under our code, under the UDC, structures need to be secure, they need to be -- they can't be in a derelict condition under our code and so it certainly could be a code enforcement issue for -- for that type of enforcement. But as far as tying it to this process, I -- I'm not aware of a way of doing that. Zaremba: Okay. Thank you. De Weerd: Mr. Nary, do you have anything to add to that? Nary: Madam Mayor, Members of the Council, Ithink -- we when discussed this previously I mean, really, any reasonable condition, if you are concerned about that, we have had a number of times when people have testified about dilapidated buildings or the things that need to be removed for safety and those things. You can certainly do that. I mean if it's just esthetics I would be a little more concerned, but if there is a safety concern on the property, rather than a code enforcement, you certainly have in Meridian City Council October 15, 2013 Page 39 of 48 the past required clean up of the property prior to the agreement of the time extension. I think we did that recently with property off of Pine for that very purpose. De Weerd: Thank you. Parsons: Madam Mayor, Members of the Council, if -- a moment, if I could. De Weerd: Yes. Parsons: I would imagine the final plat or preliminary plat requires a removal of the structures. As you know, we don't allow single family homes to remain in a commercially zoned property. So, certainly as part of this time extension you could expedite that request and have the applicant remove that consistent with their preliminary plat condition and just -- rather than prior to the city engineer's signature you may say remove it now or within 90 days, whatever you feel comfortable doing. But certainly I know there should be a condition in there that speaks to the removal of that structure prior to the city engineer's signature on the plat. So, maybe just adjusting the timing I think that would be within your purview. De Weerd: Thank you, Bill. Is the applicant here this evening? Good evening. If you will, please, state your name and address. We haven't seen you for a while. Thompson: You haven't. Good evening, Madam Mayor, Members of the Council. Tamara Thompson. I'm now with The Land Group. 461 East Shore Drive in Eagle. We have read the staff report and agree with staff's recommendations and I'm just here for questions. De Weerd: Well, I guess the question that has arisen is regarding the structure on the site and do you see any problem with having that removed by a certain date? Thompson: Madam Mayor, Members of the Council, I haven't been out to the site myself recently, so I'm not sure the status of the house. Instead of having it removed I would recommend maybe a condition that it needs to be secured if it's not and, then, it would be removed most certainly with -- with development. De Weerd: Okay. Any questions from Council? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Now that I think of it, as I recall it's a wooden structure. It might be something the fire department might be interested in partially taking down. They do need places like that to practice. Any rise from the fire department? Meridian City Council October 15, 2013 Page 40 of 48 Palmer: Actually, that has been brought to our attention as a possibility. We haven't had any follow up on that recently, but that was a consideration a few months ago. And we would be open to that, yes. De Weerd: A perfect location without neighbors. Zaremba: Maybe as opposed to making that an actual condition with a final date, could I just make a suggestion that you and your client get together with the fire department and propose that as a training activity sometime soon. Thompson: Madam Mayor, Councilman Zaremba, most certainly, yeah, we will definitely talk to them. Zaremba: Okay. De Weerd: Thank you. Thompson: Thank you. De Weerd: We are on Item 8-H is there anyone who would like to provide testimony on this item? Okay. Thank you. Council, any further questions for the staff or the applicant? Rountree: I have none. De Weerd: Do I have a motion to close? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move we close the public hearing on Item 8-H, TEC 13-006. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-H. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council October 15, 2013 Page 41 of 48 Hoaglun: I move approval of TEC 13-006, time extension on preliminary plat and conditional use permit. Bird: Second. De Weerd: I have a motion and a second to approve Item 8-H. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. I. Public Hearing: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2) Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat De Weerd: The last item under H is I, which is TEC 13-007. I will open this public hearing with staff comments. Chatterton: Madam Mayor and Council Members, this is also a time extension. In this case for the Woodland Springs Subdivision. The site is six and a half acres in size. It's zoned C-N and it's located at the northeast corner of North Locust Grove and McMillan Roads. The request is for a two year time extension on the plat in order to obtain the city engineer's signature on the phase two final plat. This is also the third time extension requested by the applicant. As a condition of the extension request staff recommends the applicant comply with the updated standards noted in Exhibit B of the staff report upon development of the site. That's all we have and I'm happy to answer any questions. De Weerd: Thank you, Bruce. Council, any questions? Rountree: I have none. Bird: I have none, Mayor. De Weerd: Is the applicant here this evening? Good evening. If you will, please, state your name and address for the record. Nelson: Eric Nelson. 601 West Bannock. I'm with the law firm of Givens Pursley and I'm here on behalf of the applicant. Meridian City Council October 15, 2013 Page 42 of 48 De Weerd: Thank you, Eric. Nelson: I believe that they have accepted those conditions of the staff report and I am here to answer questions if you have any. There is a nice, big, beautiful building at the corner and it's occupied and doing business. De Weerd: I think every time I go by there they are doing good business. Bird: Yeah. Real good business. De Weerd: Council, any questions for the applicant? Bird: I have none. De Weerd: I think it's appreciated to have services in that part of town, so thank you. Nelson: You bet. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on this item. Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 13-007. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 13-007, include staff and applicant comments. Rountree: Second. De Weerd: I have motion and a second to approve Item 8-I. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council October 15, 2013 Page 43 of 48 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Public 1Norks Department/Environmental Division Report: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) De Weerd: Under Department Reports we will start with 9-A under our Public Works Department. David? Allison: Thank you, Madam Mayor, Members of the Council. Tonight I'm here to discuss update changes that we have proposed for the flood damage prevention ordinance. I'm not prepared to have a full disclosed program display of what the flood plan program currently does. Our objective tonight is to discuss ordinance updates that we are proposing as part of what's known as a community assistant visit that FEMA and the state conduct, which is, essentially, an audit of our program over the last year we have conducted and as one of those items they discussed our ordinance and review it in relation to the state model ordinance. So, that's my objective for tonight. What you have in front of you is a copy of the draft ordinance, as well as a summary of changes to that ordinance. We want to discuss a little bit of the why, as well as some of the more major changes that I consider we are making, as well as who we are talking with during the process. As I said, our community assisted visit was conducted last year by the state. They compared our current ordinance, which was adopted in 2008 to the 2012 model code and found just through the process some things that were outdated and need to be updated based on their more current code. So, that's the majority of what we are recommending. One of the more major changes that we are recommending is a terminology known as dry flood proofing, which would have to do with existing commercial structures. It's a term in a process that FEMA allows within their minimum code requirement to effectively allow an existing commercial building to not have to be elevated if it was going through a major renovation, but rather to be what they call dry flood proofed through the process of paint and stucco and waterproofing material as of all the flood gates, which you may or may not have seen through the advent of Hurricane Sandy last winter. So, that's really the most major changes that we are proposing. The rest of what we are proposing is a lot of clarifications within the ordinance. Things were moved around to make sense in a flow. Certain terminologies we were clarified as there was a -- a confusion or a lack of connection within the code and how it works for reference. The second piece of why we are doing this today is it ties in with the building code updates that are occurring today as well that Mr. Palmer will be presenting. There are provisions in the building code currently that address flood plain regulations that are in conflict with our local ordinance, so we have to amend out certain provisions of the building code, thought that this would be a good time to introduce the flood plain updates, as well as the amending out the building code, so that Meridian City Council October 15, 2013 Page 44 of 48 everything flows together nicely. Through our outreach process currently we have noticed -- we are following ..the noticing process that the building code follows, because, again, we are amending the elements in the building code. We are also following notice process. We have sent notices to agencies, such as the Building Contractors Association, ACRD, local irrigation districts. We have spoken with the Building Contractors Association government affairs agent, as well as presented draft changes to their board at last week's meeting. We have spoken with ACRD and clarified -- they had a minor concern about what one of the changes might have meant compared to the existing ordinance and we clarified that there was change, it was just a rewording and a relocating of that language due to the conflict and how the code was administered. And we have also spoken with the irrigation districts. I have gotten soft feedback from Nampa-Meridian that they didn't think that there was anything relative to their changes, but, again, we are open to public process and if they have comments they are welcome to contact me or any of us and provide any feedback that they may have. So, that's a rather brief run through, but I will stand for any questions that you may have on the updated ordinance or any questions that I can address. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: Madam Mayor, just -- has there been any feedback with your discussions with the contractors and the other folk, other than the feedback from ACHD? Allison: Madam Mayor, Councilman Rountree, to date none of particular notice. The government affairs agent for the BCA did contact me and spent about a half an hour on the phone running through the changes and what they meant and he felt confident that at the time it was okay with them and they are continuing to look at it, but it's, again, if they have any comments they are free to contact me. Rountree: Thank you. Allison: You're welcome. De Weerd: Certainly the more substantive change is expensive than what we currently have, so I can't imagine that that would be a concern. Allison: Madam Mayor and Council Members, that's correct. That's a good tool to use live and I think it's something that when we adopted the ordinance in 2008 it wasn't something we looked and now having run through these changes for five years there is no -- that's a good solution to have in there is a tool kit to use for the existing community. De Weerd: Thank you. Any questions from Council? Okay. Thank you. Appreciate the update. Meridian City Council October 15, 2013 Page 45 of 48 B. Community Development Department/Building & Development Services Division Report: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conserve anon Code, and Local Amendments(Title 10, Chapter 1, Meridian City Code) De Weerd: Okay. Item 9-B is under our Development -- Community Development Department and Building Services. Brent. Bjornson: Good evening, Madam Mayor, Members of Council. Draft ordinance before you for review and consideration this evening is to adopt the 2012 International Building Code, the 2009 International Residential Code and the 2009 International Energy Conservation Code, with local amendments. I will note that the 2009 Residential Code and the 2009 Energy Conservation Code, there is no change to those. Essentially the 2012 International Building Code is the commercial code that we are bringing in and updating. As you are aware, Idaho statute requires us to follow the state adoption, which we did. The state adoption occurred last July. Municipalities follow by January 1 the following year. The local amendments that we have got in the packet -- you will notice there is very little change from the building side. It's currently as it exists right now, with the exception of this item to date that was spoke to. It's the flood plain. We did a little bit of housekeeping, a little bit of the clean up of the language and things that we wanted to update, but nothing significant as far as change, cost increase in any area to anybody that would be a builder, anybody -- if it's a homeowner in the community. We took it to the BCA, presented to them on last Tuesday, October 8. And I think as far as the timeline goes that I would like to speak about, obviously, the department report tonight, as Mr. Miles said, notification for Idaho statute, mail goes out to all those agencies. Tomorrow, October 16, we would publish in the Valley Times on October 21 and, essentially, the public hearing would be on November 26. We are looking for an effective date of January 1. That's really all the information I have got in a nutshell and happy to stand for any questions. De Weerd: Thank you, Brent. Any questions from Council? Rountree: I have none. Bird: I have none. De Weerd: Okay. Let's move it forward. C. Fire Department Report: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) De Weerd: Under 9-C is our Fire Department. Meridian City Council October 15, 2013 Page 46 of 48 Palmer: Good evening, Madam Mayor and Members of the Council. This pretty much dove tails with what Brent had just talked about. We are on the same time frame for adoption of the International Fire Code, 2012 edition would be proposed to take effect in January. The draft that you have before you, in large part is just cleaning up open- ended chapters in the code where it makes it specific to Meridian or where it leaves it pretty open to the authority having jurisdiction. We have brought specificity to that. The primary changes that you need to be aware of that really doesn't get outlined in the draft before you is Appendix D, which speaks to fire department access. Currently the local amendment allows for up to 50 homes on a single access. The -- because the state has adopted the appendices and the International Fire Code for us to amend it we have to be equal to or stricter than and the code calls for 30 homes maximum for a single point of access. So, the new code would reflect that current code language that allows for 30, not 50. The exception would be if all 30 homes were to be sprinklered, then, they could exceed that amount. The other change is also near where the appendices are listed and that would be 105.3. Currently for aerial access the code calls for setbacks of 15 minimum, 30 maximum. We have experienced issues with that in the past where with the landscape buffers and pedestrian paths, carports, we cannot achieve the 30 foot maximum. So, what we have done is codified our practice to this point that allows us aerial access to the critical points of the building by establishing that the center line of the road be no more than 85 feet from the center of the building and not to exceed 55 feet in vertical height. That allows us to access the critical points on the building with our existing aerial apparatus. And with that I will stand for questions and give any clarification that you may need. De Weerd: Thank you, Perry. Any questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Perry. On something like that we saw aplat -- a couple plats that have existing buildings and where they run that road and an existing structure, as opposed to new construction, is that grandfathered in or do they have to run that road and it can't be more than 85 feet from center line? Palmer: Madam Mayor, Councilman Hoaglun, the buildings that are existing would fall under whatever the code was at the time that it was built. This would apply to any new construction that would be after January 1. The -- the code does allow some adjustment that I can make or the authority having jurisdiction if they are sprinklered and in most cases these are. So, there is some latitude in that, we are just, basically, codifying that latitude that we have been exercising up to this point. Hoaglun: Okay. Thank you, Perry. De Weerd: Okay. Anything further from Council? Okay. Thank you, Perry. Meridian City Council October 15, 2013 Page 47 of 48 Palmer: Uh-huh. Item 10: Future Meeting Topics De Weerd: Okay. Council, under Item 10, any items for future meeting agendas? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not really a subject, but -- not a topic, but a question about whether we should have a meeting or not. Looking forward to December, the fourth Tuesday in December is actually Christmas Eve, the 24th, and I wonder whether we would have a meeting that day or we should block it out of agenda manager somehow. De Weerd: Oh, let's do. Rountree: Maybe Santa could come and visit us. De Weerd: I can -- Zaremba: The fifth Tuesday is New Years Eve, but we don't normally have a fifth Tuesday meeting anyhow, so my question is on the 24th. Should we lock it out of the agenda manager. De Weerd: We always do. Zaremba: Okay. De Weerd: So -- I won't be here. I don't think staff will either. Zaremba: We don't want staff to have to be here. De Weerd: Okay. Anything further? Just a reminder to -- that we have the grand opening at Village at Meridian on Friday and hope to see you all there. Rountree: Okay. 5:30? Zaremba: That's exciting. De Weerd: Okay. Council, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. Meridian City Council October 15, 2013 Page 48 of 48 De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ~~~~~ MAYOR TAM DE WEERD ~i ~ i l3 DATE APPROVED ATTEST: E~IOLMAN, CITY ~-,*;` o,~uc,L ~:. s,. ~, C;ty of ' ~j~,'f:t I0~~1 N~ SEMI- y ~`ti ~~r ~~~0f the TRk. h`~~ item #8A: Comprehensive Plan Action Item Updates (CPAT-13.001} Applicatian(s}: Comprehensive Plan Text Amendment Location: City Witle Summary of Request: The Planning Qivision is proposing to update several of the action items contained in the Comprehensive Plan. The proposed updates indicate completion, revise descriptions, changes in priorities, assign to others, ar when appropriate are being removed. Other City departments have provided updates to the action items to maintain consistent monitoring of the Plan. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: None ii. !n apposition: None iii. Commenting: None iv. Written testimony: None Key Issue{s} of Discussion by Commission: i. None Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issues} for City Council: None Item #8B & C: Hacienda South Subdivision {AZ-13-1107; PP-13.016) Application{s): Annexation and Preliminary Plat Size of property, existing zoning, and location: This site consists of 20.09 acres, is currently zoned R1 and RUT, and is located at on the east side of N. Meridian Raad; between Chinden Boulevard and E. McMillan Road. Adjacent Land Use & Zoning: 1. North: Hacienda Subdivision; zoned R-8 2. West: Ada County parcels; zoned RUT 3. South: Ventana Subdivision; zoned R-8 4. East: Saguaro Canyon Subdivision; zoned R-4 Summary of Request: The applicant has applied for annexation and preliminary plat approval to develop a residential subdivision in two phases. The proposed plat consists of 93 residential lots and 13 common lots on approximately 20.09 acres of land in the proposed R-8 zoning district. Lot sizes range between 5,224 and 9,857 square feet. The gross density far the proposed plat is 4.74 dwelling units to the acre. The proposed density is consistent with both the density requirements of the comprehensive plan and the R- 8zoning district. All of the lots comport to the R-8 dimensional standards. Access is planned from 3 stub streets on the north, east and near fhe south boundary; na access to Meridian Roatl. The stub street (N. Rio Vista Way} located near the south boundary stubs to a common lot platted with the Saguaro Canyon Subdivision. The applicant has received permission for the Saguaro Canyon HOA to allow the street connection through the property. The applicant requested staff to evaluate the overall open space between the proposed development and the Hacienda Subdivision to the north. An open space exhibit details the qualifying open space between the two developments. Open space between both projects area as follows: Hacienda South: 1.71 acres {8.7%} of qualifying open space. Open space consists of an entryway street buffer, a cen#ral park, a micropath lot and several parkways.. The proposed amenities consist of 1 } a gazebo on the central park, a 5-foot wide micropath, and 2 segments of 10-foot wide pathway. Hacienda: 2.44 acres {12.4°1°) of qualifying open space. The primary amenities for this development are a club house and pool. The overall qualifying open space between fhe two developments is approximately 4.02 acres (10.2%). The combined amenities exceed the requirements of the UDC. A recommended provision of the DA requires both developments to be under a single HOA to ensure access and maintenance of the common open space and the use of the amenities between both projects. Conceptual building elevations were submitted for the homes in fhe development Resign features include stucco, covered front and rear porches, pop-outs on the side and rear elevations, decorative corbels and trim and varying roof planes. Future homes constructed within the subdivision must comply with the submitted elevations and Staff will be reviewing fhe home elevations adjacent to Meridian Road and Producer Drive to ensure conformance with these design features. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Justin Leraris, Len and Ruby Buil, Peter and Michaela Herman, and Stephanie Burgess ii. In opposition: None iii. Commenting: Peter Herman and Stephanie Burgess iv, Written testimony: Kevin McCarthy; Jim & Patricia Curtis Key Issue{s) of Discussion by Commission: i. Overcrowding of the pool with the inclusion of tine proposed subdivision; ii. Encroachments in the North Slough's easement platted with the Hacienda Subdivision. Key Commission Change{s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: None Outstanding Issue{s} for City Council: None Item #13D: Spurwing PUDI Vacation (VAC-13-t}05) Applications}: - PUDI Vacation Property location: The site is located north of Chinden Boulevard approximately'/ mile west of N. Linder Road. History: In 2013, City Council approved the Spurwing Challenge final plat (FP-13-015}. A portion of the new utility easements were established with the recordation of the plat; the portion proposed for vacation impact two {2} of the platted buildable lots. Summary; The applicant requests approval to vacate a portion of the 12-foot wide public utility, irrigation and drainage (PUDI} easements platted on the east boundary of Lot 78, Block 1of the Spurwing Subdivision. Currently, the PUDI easement impacts several of the buildable lots and a common lot (Lots 5-7, Block 1} platted with the Spurwing Challenge Subdivision. The new segment of the utility easement has been established with the recording of the Spurwing Challenge plat thus eliminating the need for the PUDI easement to serve the development. All applicable utility providers have consented to the relinquishment of the utility easement in accord with state statute, Since new easements will be established with the new plat, Public Works has no objections and the service providers have granted relinquishment of the easement, Staff recommends vacating the PtJQI easement as proposed. Outstanding Issue{s}for City Council: None Written Testimony: Chuck Christensen Staff Recommendation: Approval Notes: Item #t3E: Golden Valley Subdivision {PP-13.020} Application{s}: - Preliminary Plat Size of property, existing zoning, and location: This site consists of 7.56 acres of land, is currently zoned R-4, and is located at 4515 S. Locust Grove Road (west side of S. Locust Grave Road, north of E. Amity Road}. History: This site was annexed in 2006 with a DA & a preliminary plat; the preliminary plat later expired. Summary of Request: The proposed preliminary plat consists of 22 SFR building lots & 4 commonlother lots on 7.56 acres of land in the R-4 zoning district. The gross density of the proposed subdivision is 2.91 d.u.lacre consistent with the LDR FLUM designation far this site. There is an existing home & shop on Lot 15, Block 1 at the southeast corner of the site that is proposed to remain. Access for this subdivision is depicted on the preliminary plat at the north boundary via E. Wainwright Drive in Reflection Ridge Subdivision. The 2 existing driveways for the existing home via Locust Grove are proposed to be removed and access provided internally from within the subdivision. Direct lot access via Locust Grave is prohibited. A minimum of 10% qualified open space and {1}site amenity is required and proposed to be provided with this development. The applicant proposes 0.76 of an acre of qualified open space & a small picnic area as an amenity in compliance wlthe minimum requirements. Six foot tall vinyl fencing is proposed around the boundary of the site. Conceptual building elevations were submitted for future homes in the development that depict building materials consisting of architectural shingles, board & batten and lap siding, & cultured stone wainscot. Design review is not required for detached SFR; however, staff recommends as a condition of approval that the rear or side of structures on Lats 10,13, and 14, Block 1 that face Ustick Raad incorporate articulation through changes in materials, color, modulation, and architectural elemenfs {horizontal & vertical} fa break up monotonous wall planes and roof lines. Through the existing DA, Lots 10-93, Block 1 are restricted to a single story in height & Lots 11-13 are required to have a minimum 20- faot rear building setback. Commission Recommendation: Approval Summary of Gommission Public Hearing: i. In favor: Kevin McCarthy, KM Engineering {applicant} ii. In opposition: Scott Stewart iii. Commenting: Matt Schultz {representing Mission Coast Properties to the north -Reflection Ridge} iv. Written testimony: Kevin McCarthy; Jim & Patricia Curtis Key Issue(s) of Discussion by Gommission: i. The width of the street buffer along Wainwright Drive ii, The design of the rear elevations of homes backing up to Wainwright Drive. Key Commission Change{s} to Staff Recommendation: {per staff report, Exhibit B} i. Correct the open space an condition #9.1.2 to reflect the amount of qualified open space {0.76 of an acre); ii, Modify condition #1.1.5 to allow for alternative compliance to the width of the street buffer along Wainwright Drive; iii. Correct condition #1.1.6 to reflection S. Locust Grove Road rather than Ustick Road; iv. Modify condition #1.1.6 to atltl Lots 2-5, Slack 1 to the requirement for homes that back up to Wainwright Drive to incorporate articulation in the rear facades of the structures. v. Delete condition #2.4 as there are no public water ar sewer mains proposed outside of the right-af--way. Written Testimony since Commission Hearing: None Outstanding Issue{s}for City Council: None Notes: Item #8F, G: Copperleaf Subdivision {PP-73-U78; MDA-73-076} Application{s}: - Development Agreement Modification - Preliminary Plat Size of property, existing zoning, and location: This site consists of 2.86 acres of land, is currently zoned R-8, and is located at 4405 E. Ustick Road {south side of E. Ustick, '/4 mile west of Cloverdale}. History: This property was annexed in 2008 wla DA {fka Sgroi property}; a concept plan showing an assisted living facility was originally approved for this site. In 2012, the DA was modified wlan updated concept plan far a SFR subdivision consisting of 14 detached lots & 2 townhome lots. Summary of Request: The current request is for a preliminary plat consisting of 16 SFR detached building lots & 4 commonlather lots on 2.86 acres of land in the R-8 district. The gross density of the proposed subdivision is 5.59 d.u.lacre consistent with the FLUM designation of MDR for this property. There are 2 existing homes and associated outbuildings on this site that are proposed to be removed upon development of the site. Access is proposed at the south boundary via E. Arch Drive, an internal street within Redfeather Sub. & a stub street is proposed at the west boundary far future extension; direct lot access via Us#ick Road is prohibited, A pedestrian pathway is proposed through the common area at the north end of the site for connec#ivity between the internal sidewalks and the sidewalk along Ustick Road. Conceptual building elevations were submitted for future homes in the development that depict building materials consisting of architectural shingles, board & batten and lap siding, & cultured stone wainscot. Design review is not required for detached SFR; however, staff recommends through a DA provision that the rear or side of structures on Lots 10,13, and 14, Block 1 that face Ustick Road incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal & vertical} to break up monotonous wall planes and roof lines. Approval of the plat is contingent upon a modification to the DA being approved by Council to change the number of detached SFR lots from 14 to 16, with na townhome lots. Commission Recommendation: Approval Summary of Commission Public Hearing; i. in favor: Kevin McCarthy, KM Engineering ii. In opposition: Aaron Hansen; Vince Skinner; Judy Bamey; Richard Barney (proxy form signed by: Kevin West, Arie[ West, Melissa Caplin, Jake Caplin & Sherry Hansen} iii. Commenting: None iv. Written tes#imany: Kevin McCarthy v. Staff presenting application: Sonya Wafters vi. Other staff commenting on application: None Key Issue{s} of Discussion by Commission: i. Height of the fencing adjacent to the pathway. Key Commission Change(s) to Staff Recommendation: i. Clarify conditions #1.1.4 and 1.1.5 o allow a reduction in open space & increase in lots sizes. Written Testimony since Commission Hearing: None Outstanding Issue{s}for City Council: None Notes. Item #8H: Shops at Victory (TEC-93.006) Application{s): - Time Extension on the preliminary plat & conditional use permit Size of property, existing zoning, and location: This site consists of 3.68 acres of land, is currently zoned C-C, and is located on the southeast corner of S. Eagle Road & E. Victory Road. Summary of Request: The applicant requests a 2-year time extension on the preliminary plat in order to obtain the City Engineetas signature on a final plat; and a 2-year time extension on the conditional use permit to commence the approved use. This is the 3rd time extension requested by the applicant. With all extensions, the City Council may require the preliminary plat to comply with current provisions of the UQC, Since the previous time ex#ension request, the City's standards pertaining to installation of street lights, performance surety, and warranty surety have changed. As a condition of the subject time extension request, staff recommends the applicant comply with the updated standards noted in Exhibit B of the staff report upon development of the site. Additionally, since approval of the preliminary plat, the pathway connecting the subject property with the property to the east has been constructed on the property to the east and is located further to the north than originally anticipated. Therefore, staff recommends a new condition for the pathway on this site to be shifted further to the north to align with the existing pathway. Outstanding Issue(s) for City Council: None Written Testimony: Greg Gains Staff Recommendation: Approval w/conditions in Exhibif B Notes: Item #81: Woodland Springs Subdivision (TEC-73-007} Applications}: - 7ime Extension {preliminary plat) Size of property, existing zoning, and location: This site consists of 6.5 acres of land, is currently zoned C-N, and is located at the northeast corner of N. Locust Grove & McMillan Roads. Summary of Request; Request fora 2-year time extension on the preliminary plat in order to obtain the City Engineer's signature on the phase 2 final plat. This is the 3~ time extension requested by the applicant, With all extensions, the City Council may require compliance with current provisions of the UDC as a condition for granting a Time extension. {No new conditions of approval were added with the first time extension; a condition of the 2~d extension required the developer to comply wlrecentiy adopted design standards & guidelines in the Meridian Design Manual.} Since the previous time extension request, the City's standards pertaining to installation of street lights, performance surety, and warranty surety have changed. As a condition of the subject time extension request, staff recommends the applicant comply with the updated standards noted in Exhibit B of the staff report upon development of the site. Outstanding Issues} for City Council: None Written Testimony: Ryan Gregersen, in agreement with the s#aff repor# Staff Recommendation: Approva(w/conditions Notes: Merr""than Cify Council Meefing DATE: October 15. 2013 ITEM NUMBER: PRQJECT NUIUIBER: FP 13-035 ITEM TITLE: Jack's Place Subdivision Final Order for Approval: FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1 /4 Mile North of E. Victory Road Request: Final Piat Approval Consisting of Three {3~ Office Lots, Twenty {20) Residential Lots and Three {3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFIGE F(1VAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENGY SENT TO APPLICANT NOTES INITIALS Meriatian City Council Meeting DATE: October ~ 5, 2013 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Agreement with Kathy Drury-Bogle for MR Consulting Agreement with Kathy Drury-Bogle for Human Resources Consulting MEETING NOTES C/i APPR~VE9 Gommunity ItemiPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NQTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this ~ G` day of (~}~~ p,Y' __, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho $3642, and KATHY DRURY-BOCrLE CONSULTING, LLC, hereinafter referred to as "KATHY DRURY- BOGLE CONSULTING, LLC", 4222 S. Pinerest Way, Boise, Idaho 8371&. Scope of Services: KATHY DRURY-BOGLE CONSULTING, LLC shall perform al[ services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that maybe agreed to in writing by the parties, 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2014 unless earlier terminated ar extended. 3. Indemnification and Insurance: KATHY DRURY-BOGLE CONSULTING, LLC shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by KATHY DRURY-BOGLE CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. KATHY DRURY-BOGLE CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The .limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, KATHY DRURY-BOGLE CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, KATHY DRURY-BOGLE CONSULTING, LLC shall maintain Workers Compensation Insurance, in the statutory limits as required by Iaw. KATHY DRURY-BOGLE CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing KATHY DRURY-BOGLE CONSULTING, I,LC's compliance with the requirements of this paragraph and f le such proof of insurance with the CITY. In the event the insurance :minimums are changed, KATHY DRURY-BOGLE CONSULTING, LLC shall immediately submit proof of compliance with the changed limits. Evidence of alI insurance shall be submitted to the City Clerk with a copy to Human Resources Consulting Agreement -KATHY DRURY-BOGLE COI*ISULTING, LLC - page R of 5 Meridian City Human Resources, 33 East Broadway Avenue, Suite 308, Meridian, Idaho 83642. 4. .Independent Contras#or: In all matters pertaining to this agreement, KA'T'HY DRURY-130GLE CONSULTING, LLC shall be acting as an independent contractor, and neither KATHY DRURYBOGLE CONSULTING, LLC nor any officer, employee or agent of KATHY DRURY BOGLE CONSULTING, LLC will be deemed an employee of CITY, The selection and designation of the personnel of the CITY in the pei~ormance of this agreement shall be made by the CITY. Presentation Materials: Ail materials prepared for the purpose of this agreement as well as any and all materials actually used in the presentation of the services contemplated by this agreement shall be the property of the CITY. 6. Compensation: KATHY DRURY BOGLE CONSULTING, LLC shall be compensated for professional human resources services pursuant to and specified in attached Exhibit "A." During the remainder of this agreement, if the CITY uses KATHY DRURY BOGLE CONSULTING, LLC for floe same ar additional training then a new Scope of Warlc shall be prepared and incorporated by reference with this Agreement, (~ 7 1Ylethod of Payment: T~ATHY DRCJRY-BOGLE CONSUL'T'ING, LLC will invoice the City of IVleridian Human Resources Department at 33 East Broadway Avenue, IVleridian, Idaho 83642 directly fox all current amounts earned under this Agreement at the end of each month. The CITY' will pay all invoices within thirty (3U) days after receipt. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City Clerk City of Meridian Attn: Human Resources 33 E, Broadway Avenue Meridian, Idaho 83642 KATHY DRURY-BOGLE CONSULTING, LLC 4222 Pinerest Way Boise, Idaho 83716 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Human Resources Consulting Agreement -KATHY DRURY-BOGLE CQNSULTII~iG, LLC ---page 2 of 5 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as maybe granted, to court costs and reasonable attorneys' fees as deterrnined by a Court of competent jurisdiction. Tbis pxavision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that tifne is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failtue to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that KATHY DRURY-BOGLE CONSULTING, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. D~iscriminatiou Prohibited: In performing the Services required herein, KATHY DRURY-BOGLE CONSULTING, LLC shall not dzscrirninate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or { ~ disability. ` 13. Reports and In#'ormation: At such times and in such farms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Xnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of KATHY bRURY-BOGLE CONSULTING, LLC'S records with respect to all matters covered by this Agreement. KATHY DRUR~ BOGLE CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts Exam such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material; No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, .any reports, data or other materials prepared under this Agreement. Human Resources Consulting Agreement - KATHY DRURY-~OGLI; CONSCTLTIIVG, LI.C --page 3 of 5 1 h. Compliance with Laws: In performing the scope of services required hereunder, KATHY DRURY-BOGLE CONSULTING, LLC shall comply with aII applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from tune to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase ox decrease in the amount of KATHY DRURY BOGLE CONSULTING, LLC's compensation, which are mutually agreed upon 6y and between the CITY and KATHY DRURY-BOGLE CONSULTING, LLC, shall be incorporated in written amendments to this Agreement. 18. Termination: If, through any cause, KATHY DRUR'S~ BOGLE CONSULTING, LLC, its officers, employees, ar agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Cogncil determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the ~7ght to terminate this Agreement by giving written notice to KATHY DRURY-BOGLE CONSULTING, LLC of such termination and specifying the effective date thereof at least fifteen {15) days before the effective date of such termination. KATHY DRURY-BOGLE CONSULTING, LI.C may terminate this agreement at any time by giving at least fifteen (15) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by KATHY DRURY-BOGLE CONSULTING, LLC under this Agreement shall, at the option ofthe CITY, become its property, and KATHY DRURY BOGLE CONSULTING, LLC shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, KATHY DRURY-BOGLE CONSULTING, LLC shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by KATHY DRURY-BOGLE CONSULTIlVG, LLC, and the CITY may withhold any payments to KATHY DRURY-BOGLE CONSULTING, LLC for the purposes of set-offuntil such tune as the exact amount of damages due the CITY fiom KATHY DRURY-BOGLE CONSULTING, LLC is determined, This provision shall survive the termination of this agreement and shall not relieve KATHY DRURY-BOGLE CONSULTING, LLC of its liability to the CITY far damages. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenfai~ceabte, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. Human Resources Consulting Agreement - KATHY DRCJRY-BOGL,Ia CONSULTING, LLC -page 4 of 5 2U. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with, the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective ar binding until approved by the City of Meridian. KATHY DRURY-BOGLE CONSULTrNG, LLC. ~ ~.~~ f . - Z,. Kat y Dru -ogle Manager CITY OF MERIDIAN BY: ' ~ Tammy d erd, Mayor Human Resources Consulting Agreement -KATHY DRURY-$OGLE CONSULTING, LLC -page 5 of 5 EXHIBIT "A" Scope of Work To create an employee development program. Delivery of content developed may also be within scope of this contract. Kathy Drury-13ogle will work up to 20 hours per month, working either at home office or on-site at City of Meridian during regular Monday through Friday week day hours. Additional hours or reduction of hours can be negotiated on an as-needed basis. Services Requested The services requested by Kathy Drury-Bogle Consulting, LLC, will include but will not be limited to the following: ^ Review of existing #raining content ^ Identify course content and develop descriptions • Qevelop course materials {Facilita#ar and Participant} and customize to City of Meridian's needs Make course material purchase recommendations for external resources to align with program requirements ^ Deliver courses to employees ^ Train internal staff to deliver courses ^ Provide ongoing support on utilization of employee training programs 1 curriculum • Utilize purchased curriculum and design, develop, and customize a facilitator guide, / PowerPoint presentation, and worksheetslhandouts for City selected training courses. Courses will utilize experiential learhing techniques to engage learners and ai[aw them to practice concepts introduced in the class. • Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able #o be customized and utilized for difFerent employee groups. • Dates will be determined by both the City of Meridian schedule and Kathy Drury Bogle Consulting availability. Roles and Responsibilities of the City of Meridian • Provide purchased curriculum and information needed to adequately customize the course far your needs. + Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training goalslobjeciives. • Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector - if you would like a PowerPoint slide show to support the class), TV and DVD player. • Provide timely payment of services (within 45 days of the final service} Cost: Fee Schedule ^ Hourly rate of $1 DODO Meridian City Council Meeting DATE: October 15, 2Q13 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Meridian Commons Subdivsion Easement Meridian Commons Subdivision Sewer and Water Main Easement MEETING NOTES U/ RPP~4'~E~ Community ItemlPresentations Presenter Contact Into.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ IDIAN--- I~A~~ Community i7eveiopment Department TO: Mayor Tammy de Weerd Members of the City Council FROM; Steve O'Brien DATE: 10/8/13 Land Devetopmen~ Services Meridian City Hall, Suite 102 33 E. Broadway Avenue Meridian, Idalyo 83G42 SUBJECT: Sewer and Water Main Easement -Meridian Commons SuE~division 1. RECOMMENDIE;p ACTION A. Move to: 1. Approve a Sewer and Water Main Easement for the City of Meridian, located on the site of Meridian Commons Subdivision. 2. This easement provides the City of Meridian access to public water and sewer mains being installed to provide service for Meridian Commons subdivision. 3. Authorize the Mayor to sign the easement, and the City Clerk to attest. Il. DEPARTMENT CONTACT PERSONS Bruce Chatterton, Community Development Director Bruce Freckleton, Development Services Manager Steve O'Brien, Development Analyst'll ~_ ~--~~ ~~/ ~--~ ~ Sieve O'Brien, Development Analyst II Bruce rec eton, ment Services Manager 884-5533 489-0362 489-0371 Recommending Approval Ph: 2i}8.887.2217. www.meridiancitv.ora + Fax 208.887.1297 Rev: 01/Z013 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 I BOISE IDAHO 10/17113 08:55 AM DEPUTY Lisa 8811 ~l+ 1~III~~~fI~III~~~(II~~~~I~1f1+11f~ RECORDED-REOUEST OF II f 1 I II!!II rlllll II11'l1 Meridian Ciiy 11311 t13~5 SANITARY SEWER AN'D W,4TER MAIiN ~ASEMIr;i'~T tS THIS INDENTURE, made this dL8'day of dctobcr, 20 f 3, betweeriNnrth Eagle R-oad, I,LC, a South Carolina limited iiabil ity company, the party of the first part, and hereinafter-called the fxrantoi, and she City of tvleridian, Ada County, Idrtho, tl~e party of the second part, and hereinafter called the C9rantee; . - WITN'ESSETI-I: WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-nf way across the premises and pmpti~ty hereina~er particularly bounded and described; and. WHEREAS, the sanftars~ sewer -and water is- to be provided for through underground pipelines to be canstructe$ by others; and WJ•IEREAS, it will be necessar5r to maintain and service said pipelines from time to tine by tl7e. GrAntee; NCtW, TN,ERE~'ORE, in cat:sideratian of the benefits to be received by the Grarstor, and other gapd and valuable consideration, the Grantor does hereby give, gram and Canvey unto the G~~antee the right-pf--way fc~r a non-exclusive easement far tl~e operation and maiutestance of underg~•oiu~d sanitary sewer and water mains aver and across the following ~lescxibed property. (SEE ATTACHED EXHIBITS A and I:i) The easement hereby granted is for the purpose of operatiar~ of say}nary sevaer attd water maims and their allied facilities, together with their maintenance; xepair and replacement at the coz~.venierice of the Grat~kee, with the free right of access to such facilities at all times. lvotwiths~tanding file foregoing, Crcantee acknowledges that the easemeiit~hereby granted is . lacaied aver a portion of the main access paint to Grantor's ret~.l property adjacent to said ,easement and, accordingly, Grantee agrees to utilize the easement granted Hereunder in a manner so as to fninimi2:e disruption to the flow of gaff c to and tram the Graiztnr's adjacent real pxopet~ty ~s ~Ne11 as commercial operations thereon, unless an ernergencY situation tnr~kes such efforts impracticable. TC} DAVE AND ~•O HQT;D, the said t;aseznent and right-of way unto the said Grantee, it's successors and assigns forever, Sanitary Sewer and Water Main T:aswnent 'IT XS EXPRESSLY LTNDERSTQOD AND ACxRI/ED, by and betv~reen the panties hereto, that after making repairs or.pex~Qxxnirag, other maintenance, Grantee shall xestore the area. of Sl7e easement and adjacent property. to that existing prior to tt#Ydertaking such xepa~'S aid mainter~ance.~Huwever Gxantee shall nofi be responsible fqC repair-in~51~plac9tag ax rest,~ring~ anything placed witlnn the area described in this easeine~it That was placed there in violation of this easement. - ~ . - -THE GRANi'OR hereby covenants and agrees that Grantox wit! not place or allowto-be . - placed any permanent structures; trees, brush,'or perennial shrubs or flowezg within the arcs •described for this easement, which would interfere with_the use of said easement, for the - purposes stn#ed herein. Notwztlnstandirngthe- foregourg, the prea.descriT~eci for this easement . may ~be paved (with applicable curbing) by Grantor as well as used for driveways, xoaelways - and park`ing,spaces in compliance with that•aertain Development Agreement between rite City af.Meridian, SGI, Ll1C ~zd Naltti:Bagle Read, LLC, dated January !5, 201.3 and recorded as instrument 1 l3 QUS60R. with the Ada County Recorder; as may be arnended i'rom _ - • time to titrie By the parties thereto. ~ ~ _ - - TI-]la GRANTOR hereby cevenents and agrees with the f3rantee that should: anypart of the . right. of way and easementhereby granted shall become patt of, or lie within the boundaries ' . of any public street, thsn~s to such extent,. such right-ofkvvay and easement hereby granted - -, which lies within sach.bout~dary thereof ar which is a part thereof, shall cease aa~d become null aztd void and of xno further effect a~zd shall be completely relinquished. - ~ THE.GIZANTOit does hereby covenant with the Cyrantee that Grantor is Iawfoaly seized and • .' possessed ofthe afaxementianed and described tract ofland, and tla~at Grautorltas a. goad and - lawful right to convey-said eeserrnent, raid that Crrantor vuill warrant and farevez defend the - • title and ~qulet-possessiozi, thereof agauist the-lawful claims of all-p~ersans whoznsaever. ' ~ - - • Iid WITNI~SS WI-IEItEOp, tLe~ said party of the Erst part has hereunto subscribed its ~ - signnture the day rnici year-.first herein above-written. - - - ~ - GRANTOR: NORTH ~ LE ROAD, L- L ' - g , - - ~ R. becca K. V4~'right, a$ fits per - STA,'l"E (~)~ N'ORTH.CAROLINA ) - 58 COUI~TX or ~r,~,,,-~~ ) Sanitary 5awer And water Main Easement ~~11 ~ ~ ~ ~ l T~ this ~ day of ~T , 2Q l 3, before me; the undersigned, a Notary Public ``~~~ . PN C or said State, personally appeared Rebecca K. 'Wright, known br identified to meta ~~~ Q~~ ~ Hager pf flee cot~npatty that executed the within instrument, acid ac;knpwledged to -~ ~,, met ~{iyli company executed the same. q~ ~_ = ~ ~dTa ~! 1~r17'1~~5 WPIEREOF, I have hereunto set t1~y lxartd acid affixed my official seal the day ,~ ~rad year~s~ibove written. i G ~81.~ Z ~' ,,y ,,~, ~~~ +~~j~~/j1Q -- ~ ~~'~,~~ ARYPUBLIC 1`OR AR©11INA //~~ f ~ ~a1,~~~ 1? siding at: e~l~. ~ o Conxmission Expixes: a, $ GiiAN1'EI: CI~'Y Op 1~lERIDIAN Tainimy de '~'~S~' Mayor L. klolrnai~, City Clerk .AtL'D Ai1CU,ti rl ~~ City of ~"~ ~ ~ IDAH6 a ti 6y T rf9°r+8e TB445V~~ ..., Apprar;ed I3y City Council On: C~-a~ [ "-r-= =~~~ STATE OT IDAHO S5. County ~f Ada }~~ On this 1 ~ day of _~~`j_~, ZQ 13, before iue, fhe undet~signeci, a Nt~2ary. Public, in and For said State, pez~~oziaily appeared Tammy de Weet`d and - , Ic~iown to me to be the Niayar at~d City Clerk, respectively, of the City of Meridian, ldahq, and whip executed the witftin instrutzae~it, and acknowledged to me that the City oi'Meridian executed the same. 1N WITNESS WHER,EOF,.I have hereunto set my hand and affixed my af#icial seal Lhe t1ay and year frst above written. ~~ ~ ~~ NOTARY PUJ~~;I~ l~ R 117AHC3 Residing at; ( Canarnissiota Expires:~~~~j- I~ 7r.~c.,~ .JvlrZ~'. Sanitary Sewer and Water Mai;1 Easeme4C SILVER CAPITAL GOMMERCIAL p'UNDING, LLC JOINDER AND CONSENT The undersjgned, Silver Capital Commercial Pundmg, LLC, a Flarjda H[nited liability company, which is the holder of that certain mortgage lien t:ncwlnbering that certain real property in Ada County, Idaho, awned by North Eagle Raad, LLC, a South Carolina li[rlitCd 1 iability company (N. Brrgl~), pulsuarlt to that certain Deed of TrL~st Assignment ofRe~tfs, Security Agreement and Fixture Filingrecarded as instrument #! i30I0827 and that Certain Assig[unentofRenfs, Leases atld Profits recorded as instr~unent#I 1301082$ inthe AdaCounty Recorder, Idaho, hereby joins a[ad consents to the rights, privileges, easements and grants setforth u3 that certain Sanitary Sewer and Water Main Easeme[rt dated October , 2013, betweenN .Eagle audtlle CityofMeridian, au Idak[o municipal corparatiolx, attci subordinates the Iien of its mortgage to Said rights, privileges, easements and grants, WI•rN~SSES: I,I~NI)1;R: SILVER CAPITAL COMMERCIAL FUNDING, LLC, a FIorida limited [iability company l~/7~Q Printlwlalne: ~(,i!~"Yr~t~ 1~•. ~S-~Lj Prilzt STATE OIL FLORIDA } )SS: COUN~"Y ©F PALM BEACFI ) Icy: Silver Capital Advisors, a Virginia corp~•ation, ~ its Mar[agar Print Name ~,l(I,,~~J ~ f { ._ ~~Ol `.~~7C Print Title: ~~l ~y~Q ~U.irP.{r This i[;strulnent was acknowle~dLge_-d before me on Octabet• 1~, 2013, by ~ ~r ,as__(JY()~~Y•~QSGLY'•Ci~" ofSilverCapitalAdvjsors,Inc., a Virginia corpora#ion, as Manager of Silver Capital Commercial Funding, LLC, a Florida Rilrited IiabiIity company, on behalf of said limited liability company. -Ie he is personally known to m~ar^i}as•-pra~r[ced 2013. IN' WITNESS WIiER>/OI{, I ~. .hand and Notarial Seal this ~~ day ofOctaber, ~.` ~' :*zota,yPublic i!!=x'839989 ~:a~-` ~~•~YlCif~ .~"1 . i.~ ~T'~ ~~°x~d;~~~~:%'p~,~~Notary Public Printed My Commission Expires; Q r li;\47111223221DSewerWaterEasementClty~GG,tlaclagg Sanitary Sewer and Water Main Easement l ~. ' 1`HB LANp GROUP, iNG. ,. - - Marth 18, 2x13 . PraJect Na.1123.09 . • : '• . Sewer & UVater (:asernent bescription' - ~ • Meridian Cammi~ns . • ~ _ ' 6,795 Square Feet ' _' ~ - ' ' Enchlblt "A" .. • - - - A tract of land slt~na tail In a ~port[an of the Alorthwest Qne Quarker of Sectlan Q, Township 3 - Harth, Range 1 East, Dofse Meridi~ri, City afMerTclian, Ada County, Idaho, d~scrlbed as foIiows: CQMMFNCING at the West tine Quarter~Carnerofsaid Section 4, which bears South 4`36'@8" west a distance 4f 2,61,1..39 faet~frorn the fJgrthwest Cornier of 3afd~Sectlon 4, thence, South ' . $9°45'23" East a distance of 3501.00 feet Ca d point on the t~ort#terly nigh`(-t~f-way line ~pf fast . ' - .1Zlver~Valleystreer; - ~ ~ - Thence leaving Bald northerly rTgKt-of-way line, hlorth o°~5'OS" East a distance aF41,47 feet-ta . tfie PAINT S]F SEtilldlllll$G, - - - - - _ TheneE:,tstprth t39°x5'23" West a.dlstance of 150.21 filet; . - Thence South 0°.1x'37" Wast a.dist,s~ice of is ~6 feet; Thence iVorth~84°45'23'.' {Nest a distance of20.QU feet; Thence North 0"24'37" East a.dlstance bf 11:06 feet; - . Thence North >39°45'z3" WeSta distance of 14.52 feet; Thence Narth~0°l4:37" East h distance of 35.(10 feet; - Thenr:e'South 6~°45'23"-Fast a'dls#ance of 11.75 feet;' . - , - ThenceNarth 0°1.4'37" ,Cast a distance oF,1q.44 feet; ' Thence South 813°45'23" East a distance of 10.00 feet; . ' - _ ThericeSo{#th 0°14'37" West a distance af3t?.4d feet; . 'fhenGe South t19°45'Z3° Fast a distance of 163;2t1'feet; 'fhence~Sauth 0°3G'pr3" West a distance of35.06 feet P4iNT t]F I31wGINl3TNG. Tlie.aliaye-described tract of land contains 6,795-square~feet, mare ar less, subJect to all existing easements and rights-of way. - -• Attached hereto Is Exhibit "B"and by this refere_ nce made apart . • hereof. ,' - - Prepared ay; THE I.ATVD GRQUP, •11UC. _ - 4fi2 E. 51•tdRF DRIVE; SUITE IflG - - -EAGLE', IE?AH4 $x.616 - . '• ' - - ' ztss-sss,~aas (~Ax) , ~. ~ ,~ ~ 12,0/3 .l.°ertrmpr~4nbi-'rdirn ~SllePJanning ~ C7vIlE}gjnra~lt~.• Go~`Corun lrrigalia" d!`~Rgi~nefigg QGif~bireewa7urJirohbi~ 4621=. Shore ~)rne, Stn:11>0; L+nAie, ~clabo $3616 + P 20$.939;440~1i r' 2(1-8.939.4-045~~ efnvw fhelen~1Ternu~_cnm ' - G:X2012\It2i04tAdmnA~I,e~al~s~7..1363'kBSe~vcrc'~eWater'L'xsemcnl~3eRCrlprienf12f0~J.dac ~• - i i - 1~ .- f f s . ~. .• i " ' ~' . . F i .` • Siiuaisti to tine MN tl4 0~ SeCtlon 4, . - ~ Tawriship 3 ~lorth; ~iari8e 1' t~ast,13.M., 5~C 4 • -~ .. - - - ~ M i(~ iA - uj - - .. No7a'37`E - saQ45'73'~ r ~~~~' t~~Qr i `~ ~ - ~ _ ~ - S89'A~!'2S'E 1t 18' sD'Id'J7'i~ ' • + ,~ ~ ~ . i0.+Fk SBA~23"E ~ ~ • - ~ s~wi;~-~ w ~ ~ - - ~ .~ r, ~~-z~~ sn. ~r 5EC 4 - ~. Wtver p.a.$. '~ 0 • ~°rE of tv~~ ~ ~ ~ . - - - . ~.~~. .~ - ~hlf~ltUFFAJCrIAIlpVhtF ~•• •• -•••.•.. naA ~r_nr uraiai.wr.rvv ~- ••~ .._-.-_... .... - ~ ±~ f~~ ~ a uatacf4a~VYly A4L: ' lI iI :SI71ifLU9~i - - g r° i li ~f C ~t2~as . ~ ~, . ~ e~ ~ ~r~ c~mm~ns ~ ' wa~rNS - ~ ~.r,. ~, . f i~ { 4' f . j -• i r .. .; -r ~, - i - ~ -. -. - - Z } - 1 { Meridian City Council Meeting : October 15, 2013 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Reflection Ridge Sub. 2 Easement Multi-Use Pathway Easement for Reflection Ridge Sub. 2 MEETING NOTES ~;~ Community ItemlPresentations Presenter Con#ac# Info.lNo#es CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAH010I23l13 10:10 AM DEPUTY Bonnie Oberbillig III IIIIIIIIIIIIIIIIIIIIIIIIIIIIII I III RECGRDED-REQUEST OF Meridian City 113117'??:~ RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~_ day of CZ`s-r~ ~ , 2013, between Mission Coast Properties ID, Inc., an Idaho corporation, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within suchboundary thereof or which is a part thereof, shall cease and become null and void and ofno further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforemenfioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend thefitle and quiet possession thereof against the lawful claims of all persons whomsoever. IN Wfi'NE55 WI-IEREOF, the said Grantor has hereunto subscribed its signature the day and year fast hexeinabove written. BY: Its: fa Qe('~ie5 lv~shl STATE OF~t'I6 ) w,) ss County of.~ ) ~-~/NG On this o(~ day of ~ ~ 2013, before me, the ~}d~e~sig~ed, a Notary Public in and for said State, personally appeazed ~%/~~~s `,~{-i,e J-l[fi'~l:fi6wn or identified to me to be the President of the Corporation that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand d affixe my official seal the day and yeaz fist above written. Aekk9@di9FF!Ap `~aa ~athy^J ~,o,A~ `~~ cp s' ° cP `~~ _ ~ Residing ~~Q~~ y °; Commission Expires: - ••, ..°• a ,.~0~' ;..., kph ,~ J ,s6~rn~r ~aa ~ `~';a 1 Recreational Pathway Easement GRANTEE: CITY OF MERIDIAN ~ ~n n vccs`\ Tammy de W Holman, City Clerk ~ City of ' ~~/,~El'IDpRN*- ~~l~.L `` - °; ~ QF: ~'~ .r 7f@a~C~ Approved By City Council On: _~ }~.~ ~5~?~~ STATE OF IDAHO ) County of Ada ss. On this_~_day of Qc-}o ~ Y , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. .•-~-••. ~'~, T (SEAL) ;DSO AJ,O~• • '. ~ ~`c; N ARY PUBLI OR I Residing at: ~--{e,Ytd- a+n lD Commission Expires: ~ q rl ~{ , an l ~~ T-O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 332 N. BROADMORE WAY SUITE 101 NAMPA, IDAH083687 / 208-0426300 • FAX 208-066-0944 Project: 130074 Date: October 1,.2013 Page: 1 oft EXIIIBIT °°A" 14 foot wide Pathway Right-of-Way Easement This Easement is located in a portion of the N. '/z of the S.E. '/a of Section 30, Township 3 North, Range 1 East of the Boise Meridian, City of Meridian, Ada County, Idaho and is situated within the southerly portion of the Ridenbaugh Canal Easement, more particularly described as follows: COMMENCING at the southeast corner of the S.E. '/< of said Section 30, being referenced in Corner Perpetuation and Filing hrstnunent No. 106148171, Records of Ada County; thence along the east boundary of said S.E. '/, A) N. 00°30'07"W., 1325.81 feet to the southeast corner of the N.E.'/a of the S.E. '/a, being referenced in Corner Perpetuation and Filing Instrument No. 107014590; thence along the east boundary of said N.E. '/a of the S.E. '/<, 1) N.00°30'07"W., 385.00 feet to a point on the scutherly easement line of the Ridenbaugh Canal, said point being 50-feet southeasterly of and perpendicular to the centerline of said Canal; thence along said southerly easement line, 2) 5.60°17"40"W., 201.31 feet to a tangent point of curvature; thence continuing along a curve to the right, 3) Having an arc length of 96.55 feet, a radius of 300.00 feet through a central angle of 18°26'21" and a long chord which bears 5.69°30'51"W., 96.14 feet to a point on curvahlre and the POINT OF BEGINNING; thence continuing along said southerly easement and a curve to the right, B) Having an arc length of 185.50 feet, a radius of 300.00 feet, through a central angle of 35°25'43" and a long chord which bears N.83°33'08"W, 182.57 feet to a point of tangency; thence continuing, 1) N.65°50' 16"W., 417.14 feet to a tangent point of curvature; thence continuing along a curve to the right, 2) Having an arc length of 277.36 feet, a radius of 800.00 feet, through a central angle of 19°51' S1" and a long chord which bears N.55°54" 20"W., 275.97 feet to a point of tangency; thence continuing, BOISE • COEUR d'ALENE •NAMPA L:\130074\Survey\Descriptions\Pathway Esmt. 100113.doc Project: 130074 Date: October 1, 2013 Page: 2 of 2 3) N,45°58'25"W., 1036.23 feet to a point on the north boundary of said N. '/a ofthe S.E. '/; thence along said north boundary, 4) . N.89°43' S4"E., 20.05 feet to a point which lies 14.00 feet northeasterly of and perpendicular to the southeasterly easement of said Ridenbaugh canal; thence pazallel with said southeasterly easement, 5) 5.45°58'25"E., 1021.88 feet to a point of tangent curvature; thence along a curve to the left, 6) Having an arc length of 272.50 feet, a radius of 786:00 feet, through a central angle of 19°51'51" and a long chord which bears 5.55°54'20"E., 271.14 feet to a point of tangency; thence continuing, 7) 5.65°50' 16"E., 417.14 feet to a tangent point of curvature; thence continuing along a curve to the left, 8) Having an azc length of 131.92 feet, a radius of 286.00 feet, through a central angle of 26°25'43" and a long chord which bears 5.79°03'07"E., 130.76 feet to a point of reverse curvature; thence leaving said parallel line and along a curve to the right, 9) Having an arc length of 48.42 feet, a radius of 112.00 feet, through a central angle of 24°46' 11" and a long chord which bears 5.79°52'50"E., 48.05 feet to the POINT OF BEGINNING. CONTAINING 26,429 square feet, or 6.07 acres, more or less. BOISE • COEUR d'ALENE • NAMPA L:\130074\Survey\DescriptionslPathway Esmt. 100113.doc nonr~r z m r n ~ u n n x N h a ~+ ~ ~' 9 m 0 ~ N m N v ~ y ~ ti m & G G ~ ~ ~ c ~ > ~ m N q O p ^t Q o _ Q C y m N v A V r y0~ ^~ A I ~ !n N N ~ N N yZy n ~ _ ~ a n >"i n a m m m ~ ~ ~ ,~~~ ~ i m // m / ~ o~ I~ '~' I j p I , Q ~N ~ ~ mQ ' ~ ~ \ ` ~ ~ 91II ~ q ~ .~ ' ~ ~ ~ ~' o C1 \ ~ NOrc]O'0]'N ]85.00' H C~ c " { d ~ S. LOCUST GROVE RD. a a pp ( a ~ Q( pMm r ~ x 0 0 ~0 1 I I ~ ® ~ I m i I I e ~ P ~ °~ s ~ ~ F ~ ~z § pA '~ , O \ o P m a ~ O A o w, °~ . ^~ ~`O ~ 0 ~ o A r ~2 OA m ~ ~m Z ~ r',~H o O Z-7 ~ o Z m ~ z o m ~ ~ m N ~ ~ t~~ 055 ? ro `p 6ti3 0O Otis 4 S ~YS ~~ ~~pd ~~ I ~~~ 5 s Meridian City Council Meeting DATE: October 15, 2013 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Agreement with Nampa Meridian Irrigation Dis#rict Agreement with Nampa Meridian Irrigation District (NMID~ to Allow the Multi-Use Pathway to be Located within Their Easement in Reflection Ridge Sub. 2 MEETING NOTES C/i A°~~~tED Community ltemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MASTER PATHWAY AGREEMENT between NAMPA & MERIDIAN IRRIGATION DISTRICT and CITY OF MERIDIAN 19 December 2000 Instrument #100102999 RECEIVED JAN 3 1 2001 CITY OF MERIDIAN KNOB - REQUELS-T OF 41A CUUFT� P.EIVORDI=R OF -PUT n phiT,4 j Zia 1 0 0 1 0 2 9 9 9 IMPA & MERINAN IRRIGATN DO= MASTER PATHWAY AGREEMENT THIS MASTS PATHWAY AGREEMENT ("Master Agreement"), is made and entered into this `� day of, 2004, by and between NAA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho (hereinafter "District"), and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho (hereinafter "City"). WITNESSETH: WHEREAS, the District owns or controls numerous irrigation canals, laterals and drains (hereinafter collectively referred to as "ditches") with associated fee title land and ditch easements, most of which are descried and recorded in Instrument No. 797771, recorded January 11, 1977, in the office of the Ada County Recorder, Instrument No. 8367341, recorded December 19, 1983, in the office of the Ada County Recorder, Instrument No. 989070, recorded on October 18, 1983, in the office of the Canyon County Recorder, and Instrument No. 8505634, recorded March 7, 1985, in the office of the Canyon County Recorder, with the exception of those ditches or portions thereof which have been relocated and recorded subsequent to the recording of the aforementioned instruments; and, WHEREAS, the District utilizes the aforementioned fee title land and ditch easements to access its ditches, to monitor and adjust water flows, to remove sediment and debris, to pipe, line and refurbish ditches, to maintain and repair ditch banks and ditch roads, and to perform other inspection, operation, maintenance and repair activities with the appropriate personnel and equipment; and, WHEREAS, the City may wish to develop pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands; and, WHEREAS, the maintenance of pathways along certain District ditches, may be compatible with the District's primary interests and operations; and, WHEREAS, in order to develop such pathways it will be necessary to obtain the District's cooperation and permission; and, MASTER PATHWAY AGREEMENT - Page 1 WHEREAS, the District and the City intend by entering this Master Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities: to enhance the City's pathway planning through early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations, and maintenance, AGREEMENT NOW, THEREFORE, for and in consideration of the covenants, agreements and conditions hereinafter set forth, the parties mutually agree as follows: 1. General. The City agrees to consult with the District in the City's pathway planning, to submit pathway requests to the District, and to obtain the District's approval of such requests pursuant to the terms and conditions hereinafter provided. The District agrees to consult with the City in the City's pathway planning, to review the City's pathway requests, and to approve those which do not interfere with the District's use and management of the District's property, business and affairs, the District's delivery or drainage of water, or the District's access, use, operation, maintenance and repair of its ditches and irrigation works, and which do not create unacceptable risks to public safety, pursuant to the terms and conditions hereinafter provided. The District's approval shah not be unreasonably withheld. Nothing in this Master Agreement shall be construed, implemented or enforced to diminish or impair the District's authority, powers, or discretion in meeting its legal and fiduciary responsibilities in the management and protection of its irrigation system, ditches, property, assets or business and affairs. The parties agree to implement the provisions of this agreement in a reasonable, good faith manner. 2. Consultation in 01y Pathway Piannin . The parties acknowledge that planning of pathways along or across District ditches, easements and fee title lands requires consultation between the parties as early as possible in the City's pathway -planning process to identify potential pathway locations and determine project feasibility before the City submits pathway requests to the District as provided in Section 3 of this Master Agreement. The parties shall consult with each other in the City's planning process as follows: a. The City shall provide the District notice and an opportunity to comment on pathway plans, reaps, proposals and requirements as early as possible in the City's pathway -planning process. This shall include, but is not limited to, situations in which the City requires, requests or authorizes third parties to construct pathways across or along the District's ditches, irrigation system and works, and associated real property interests. b. In its written comments, the District shall: (1) advise the City whether the District requires additional information in order to respond; (2) identify circumstances and options in which construction and maintenance of pathways across or along District ditches may be compatible with the District's primary interests, operations and obligations without creating unacceptable risks MASTER PATHWAY AGREEMENT - Page 2 to public safety; (3) identify circumstances in which space constraints, and operation, maintenance and safety issues preclude, limit, or otherwise diminish the potential for the construction of pathways along or across District ditches under consideration. C. The City shall advise the District in writing if, prior to submitting a pathway request, the City desires a statement from the District regarding the feasibility of a specific pathway along or across a District ditch, easement, or fee title land, based on the City's submission of preliminary plans. A statement that a proposed pathway is feasible shall not constitute District approval, nor affect the parties rights and obligations in the submission, review and approval of pathway requests as provided in this Master Agreement. 3. Submission Review, and Approval of Pathway Requests. The following procedures, terms and conditions shall apply to the submission, review, and approval of pathway requests: a. Prior to constructing, requiring or authorizing any pathway and/or related landscaping and structures within or affecting any District property, right of way, ditch, or irrigation works, the City agrees to submit a written request to the District, and to obtain the District's written permission and approval through execution of an agreement. b. The City shall submit its request far enough in advance of the proposed initiation of construction to provide the District a reasonable time to evaluate and respond to the request, but in no event shall such a request be submitted less than six months prior to the first date of construction. C. Each request shall describe the proposed pathway generally, identify the proposed dates of construction (if any), and shall identify any /mown local, state, or federal procedures or requirements which may affect the District's review and approval of the proposed pathway. d. Each request shall include a location map; fee title legal description, easement or authorization from the servient estate owner; and construction plans which show the pathway's proposed location, design, and all physical structures, plants and landscaping proposed to be constructed, installed or planted in connection with the pathway. e. The District's Water Superintendent shall review each request and communicate by letter to the City and the District's attorney whether the proposed pathway meets the requirements of the District. Such letter shall not constitute approval of the District. Approval may only be granted by the District's board of directors through a resolution during one of its regular meetings. f. If the Water Superintendent indicates that the proposed pathway will meet the requirements of the District, an agreement shall be prepared. The agreement shall incorporate by reference all covenants, conditions, and agreements of this Master Agreement; shall identify the proposed pathway; shall give a legal description of the subject property; shall describe the width of MASTER PATHWAY AGREEMENT - Page 3 the District's easement; and shall include any special conditions applicable to the particular proposed pathway. Each party shall be responsible for its own costs in preparing such agreements. g. The City shall execute duplicate originals of each agreement and deliver them to the District for consideration during the next meeting of the District's board of directors. h. The District agrees to complete its review of the City's requests for pathway agreements pursuant to this Master Agreement within two months prior to the first date of construction. The District's approval shall not be unreasonably withheld, consistent with its legal and fiduciary responsibilities. i. Each agreement, once approved and signed by District's board of d'ir'ectors, and shall be recorded by the District and a recorded copy returned to the City. 4. Indemnification. The City represents and warrants unto the District that the City has the authority, capacity and financial ability to indemnify, hold harmless and defend the District as provided in this Master Agreement. The City agrees to indemnify, hold harmless and defend the District, the District's directors, officers, employees, agents, contractors, partners and the heirs, personal representatives, successors, and assigns of each of them (hereinafter collectively referred to as "District" for purposes of the City's covenants to indemnify) from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from: the terms and performance of this Agreement and any agreement executed hereunder; the City's construction, use, operation, or maintenance of pathways and related facilities within and affecting the District's property, ditches, and irrigation works; or the use of such pathways and facilities by any third party or member of the public. The District agrees to indemnify, hold harmless, and defend the City, the City's directors, officers, employees, agents, contractors, partners and the heirs, personal representatives, successors, and assigns of each of them, from all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees arising solely out ofthe acts of the District's employees, agents or contractors in the course of the District's access, use, operation, maintenance, repair and cleaning of its property, ditches and irrigation works. The City agrees that the District shall not be liable for any injury or damages which may occur to any pathway or facility installed by the City in the reasonable exercise of the rights of the District in the course of the District's access, use, operation, maintenance, repair and cleaning of its property, ditches and irrigation works. The provisions of this section establish a duties between the City and the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person, and specifically this section does not extend these duties to the public beyond the provisions of Idaho Code Section 36-1604, which are incorporated herein by this reference. MASTER PATHWAY AGREEMENT - Page 4 5. Authorization From Servient Estate Owners Re uired. The City acknowledges that the District has no right or power to create rights in the City affecting the holders of title to property servient to the District's easements. With respect to the District's easements, the District's commitments in this Master Agreement and the uses permitted by any agreement executed pursuant to this Master Agreement pertain only to the District's rights as the owner of easements. Rights affecting fee title must be acquired from the holders of title to such property. Should the City fail to obtain such rights from the holder of title to property servient to an easement of the District which is the subject of an agreement executed pursuant to this Master Agreement, or should the rights obtained prove legally ineffectual, the City shall hold harmless, indemnify and defend the District from any claim by any party arising out of or related to such failure of rights. 6. Conditions. Construction, use, maintenance and repair of each pathway by the City and members of the public within or affecting the District's ditches, irrigation system and works, and associated real property interests shall be performed in accordance with the conditions listed below. "Facility" means any pathway and any object, plant or thing of any nature installed in, on, under or across the District's ditches and property by the City, and any activity which changes the physical condition or appearance of the District's property, ditches, and irrigation system. a. The purpose of agreements executed pursuant to this Master Agreement shall be to approve, authorize and permit the construction, installation, use and maintenance of pathways and related facilities within or affecting the District's ditches, irrigation system and works and associated property, and to permit the City to make the pathways available to the public without charge for recreational uses as contemplated by Idaho Code section 36-1604. The authorized uses of the pathways are limited to walking, jogging, and riding bicycles or other human-powered vehicles or devices. Authorized uses shall not include horseback riding, hunting, or any use of motorized vehicles except for necessary access by law enforcement personnel or for construction, maintenance or repair work by the City of the pathway, landscaping, and related improvements or by the District for District purposes, or for access by handicapped persons with motorized wheelchairs or comparable equipment for access by handicapped persons. b. The uses permitted by each agreement executed pursuant to this Master Agreement shall all times be subordinate and subservient to the District's rights and uses of the District's property, ditches, and irrigation works. Nothing contained herein or in any agreement executed pursuant to this Master Agreement shall be construed, implemented or enforced to impair, limit, restrict or otherwise affect the District's rights, authority, powers, and discretion with respect to the District's property, ditches and irrigation system, or to grant or create any rights which interfere with the purposes and uses to which the District's property, ditches and irrigation system are devoted and dedicated. The District and the City agree that all of the District's rights and discretion to access, operate, construct, maintain, repair, clean or otherwise use of any portion of the District's property, ditches, and irrigation works are reserved. After reasonable advance notice from the District, the City agrees to temporarily suspend its use and public use of pathways when the use of the easement areas occupied by the pathways is required by the District for access, operation, maintenance, repair, cleaning and other District purposes, or to perform, effectuate or enforce any provision of this Master MASTER PATHWAY AGREEMENT - Page 5 Agreement or any agreement executed pursuant to this Master Agreement. C. Each pathway and facility shall be constructed, operated, maintained, repaired and cleaned at all times by the City, at the cost and expense of the City, in a good, workmanlike, safe, sanitary, and sightly manner and condition in compliance with the laws of the State of Idaho and the conditions stated herein. The City shall enforce its anti -littering ordinances, provide waste receptacles, and take other reasonable actions within its authority to prevent litter, trash or other material to gather or be deposited on or along pathways authorized pursuant to this Master Agreement. d. The City acknowledges that the District has, and agrees that the District shall continue to have, the right to deposit sediment, plant material, debris and other material (collectively "spoil') which the District removes from its ditches on the District's fee title lands and the District's easement areas for its ditches. Without limiting this right, the District agrees to give reasonable advance notice to the City prior to depositing spoil along the District's ditches, and to exercise reasonable best efforts to avoid placing spoil on the City's pathways. The City may spread and level any spoil removed from the Drain and placed on the District's fee title lands and easement areas or, in the alternative, may transport the spoil to a sanitary landfill or some other authorized place of disposal. The District shall have no obligation to spread, level, or remove any spoil removed from the Drain and place on the District's fee title lands and easement areas. e. The City shall have no right, power or authority to grant, allow or suffer any lien or other charge or encumbrance of any kind against the District's right, title and interest in the District's property, ditches and irrigation works. £ The City agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's ditches and property so as not to constitute or cause: a hazard to any person or property; an interruption or interference with the flow of water in any ditch or the delivery or drainage of water by the District; an increase in seepage or any other increase in the loss of water from the ditch, the subsidence of soil- within or adjacent to the easement; and any other damage to the District's property, ditches and irrigation works. The provisions of this section pertain to construction, maintenance, and repair and otherwise establish a duty owed by the City to the District only, and this Agreement does not intend nor does it provide that this duty is owed to any other entity and/or person, and specifically this provision does not extend the duty of the City to the public beyond the provisions of Idaho Code Section 36-1604, which are incorporated herein by this reference. g. The City agrees to indemnify, hold harmless, and defend the District from all claims for damages arising out of any of the City{s construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph or any other damage to the easement and irrigation works which may be caused by the construction, installation, operation, maintenance, repair, and any use or condition of any pathway or facility. MASTER PATHWAY AGREEMENT - Page 6 h. The City shall do the following to ensure that the permitted public uses of pathways do not interfere with the District's property and the District's access, operation, maintenance, cleaning and repair of its ditches and irrigation works; (1) The City shall prepare and install readily visible signs at pathway entrances or other appropriate locations along each pathway advising the public: that the pathway is located within the District's property or easement by the District's consent; that the primary use of the easement area is for the District's access, operation, maintenance, repair and cleaning of the District's ditch and irrigation works; that users of the pathway must yield to District personnel engaged in District activities; that swimming, wading, boating and any other activity in District ditches or within the inside slope of District ditch banks is prohibited; that public use of motor vehicles or equipment on the pathway is prohibited; that the pathway may be closed from time to time upon request of the District; of any City ordinances which apply to public use of the pathway; of the permitted hours of use of the pathway; and that persistent violations of any of these rules may result in temporary suspension of use of the pathway. (2) The City small take appropriate action and exercise best efforts to protect the safety of the members of the public who use the City's pathways, ensure that members of the public comply with the terms of this Master Agreement, agreements executed pursuant to this Master Agreement, and any City ordinance regarding activity on City pathways, prevent interference with the District's use, operation, and maintenance of the District's property, ditches, and irrigation works, and prevent members of the public using City pathways from swimming, wading, boating, or conducting any other activity within the inside slope of the District's ditch banks. This Master Agreement shall not prevent the District from enforcing any prohibition against unauthorized use of the District's property, ditches, and irrigation works. i. The City shall provide notice prior to and immediately after construction so that the District's engineers may inspect the construction. Final acceptance of the work performed and the materials used in the City's installation of the pathway and all facilities shall not be made until all such work and materials have been expressly approved by the District. Such approval by the District shall not if unreasonably withheld. j. The City shall not excavate, place any structures, plant any trees, shrubs, or landscaping, or perform any other construction or activity within or affecting the District's property, ditches, and irrigation system except as authorized by agreements executed pursuant to this Master Agreement without the prior written consent of the District. k. Upon request of the District, the City shall investigate and perform reasonable and necessary modifications or repairs of any facility or alteration constructed or performed by the City which does not comply with the terms of this Master Agreement or any agreement executed pursuant hereto. The District shall give reasonable notice to the City and shall allow the City a reasonable period of time to perform such maintenance, repair, and other work. The District reserves the right to perform any and all work which the City fails or refuses to perform within a reasonable time after MASTER PATHWAY AGREEMENT - Page 7 request, and/or to require the public use of the pathway be temporarily suspended until such work is completed. In cases of emergency the District shall attempt to give such notice as is reasonable under the circumstances and reserves the right to perform any work deemed necessary under the circumstances. The City agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Nothing in this paragraph shall create or support any claim of any kind by the City or any third party against the District for failure to exercise the options stated in this paragraph. 1. The City shall construct obstructions to unauthorized vehicles and equipment on each pathway and in a manner that will prevent access to the District's property, ditches and irrigation system and works. M. Each agreement executed pursuant to this Master Agreement shall establish the authorized daily hours of use for each pathway. EL The City shall comply fully with all federal, state or other laws, rules, regulations, directives or other governmental requirements in any form as administered by appropriate authorities, regarding environmental matters, and specifically those relating to pollution control and to materials and chemicals which may be inimical to human health or the environment, which may be applicable to its construction, installation, operation, or maintenance of any pathway and facilities pursuant to this Master Agreement and any agreement executed hereunder. o. The covenants, conditions and agreements contained in each agreement and this Master Agreement shall constitute covenants to run with, and running with, the servient lands and/or easements of the City, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them for as long as the subject pathway continues to be used for the purposes authorized by each agreement. The City shall provide the District written notice upon cessation of use of each authorized pathway for the authorized purposes. 7. Aanlicable Law and Jurisdiction Unaffected. Neither the terms of this Master Agreement, nor any agreement executed hereunder, nor the parties exercise of any rights or performance of any obligations hereunder, shall be construed or asserted to extend the application of any such governmental requirements or the jurisdiction of any federal, state, or other agency or official to District's ownership, operation, and maintenance of its ditches, drains, canals, irrigation works and facilities which did not apply prior to and without execution of this agreement. By entering this Master Agreement the District does not create, or exercise legal or other authority, either express or implied, to regulate, control, or prohibit the discharge or contribution of pollutants or contaminants to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. MASTER PATHWAY AGREEMENT - Page 8 By entering this Master Agreement, the District does not assume any responsibility or liability for any impact upon or degradation of human health or safety or the environment resulting from any activity of the other party, including, but not limited to, the City's construction, operation, and maintenance of its pathways and facilities. In the event District is required to comply with any governmental requirements or is subject to the jurisdiction of any governmental agency as a result of authorizing the construction and maintenance of a pathway upon its property, ditches, or irrigation works, the City, if it is the cause of such governmental intervention, shall: (1) immediately cease such action; and (2) indemnify, hold harmless or defend or reimburse the District for its costs and liabilities associated with the governmental requirements and intervention. 8. Claims of the Bureau of Reclamation. There presently exists a difference between District and the United States of America, specifically the Bureau of Reclamation, concerning the ownership, possession, management and control of certain ditches, drains and canals. District will advise City and address the consequences of this dispute as necessary in reviewing and approving each request of City for an agreement which involves any drain, ditch, or canal which is the subject of the dispute. The City is advised by District to communicate with the Bureau of Reclamation before signing any agreement affecting any ditch, drain or canal which is subject to the dispute concerning the Bureau of Reclamation's position and to learn of any requirements which may be imposed by the Bureau of Reclamation in connection with City's activity which is the subject of an agreement. 9. Water Rights. The City acknowledges that the waters in the District's ditches are fully appropriated for beneficial use, and that the water flows in the District's ditches fluctuate based on demand, diversion and use of water. The City shall not attempt to divert or claim the right to diversion or maintenance of minimum stream flows of any water in any of the District's ditches. The City shall not in any manner av=Tt to require the District to maintain any flow of water in any of the District's ditches. 10. Not a Public Dedication. Except for the permission to construct and maintain a pathway contained in agreements executed pursuant to this Master Agreement, nothing contained herein or in such agreements shall be deemed to constitute a gift or dedication of any portion of the District's property, ditches or irrigation and drainage works to the general public or for the benefit of the general public or for any public purpose whatsoever, and nothing contained herein shall be deemed to provide that any pathway shall be used for any other purpose than as stated herein and in agreements executed pursuant hereto, it being the intention of the parties that this Agreement and any finther agreements will be strictly limited to and for the purposes expressed herein. The parties shall be permitted, from time to time, to take whatever reasonable action it or they deem necessary to prevent any portion of the District's property, ditches, and 'irrigation and drainage works from being dedicated or taken for public use or benefit. MASTER PATHWAY AGREEMENT - Page 9 11. Relocation. If desired by the District, any pathway within or affecting the District's property, ditches, and irrigation system and works may be relocated in a functionally similar manner. Such relocation shall be with the prior written approval of the City, which approval shall not be unreasonably withheld. The costs of such relocation shall be borne by the District. 12. No Claims Created. Nothing in this Master Agreement or any agreement executed or permit issued pursuant to this Master Agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by either parry hereto or any third party against either party hereto. 13. Rights Nonexclusive. This Master Agreement is entered subject to all rights previously acquired by third parties. The rights and privileges granted by this Master Agreement are nonexclusive and will not prohibit the District or the City from entering into agreements with other parties. 14. Assignment. Neither this Master Agreement nor any agreement entered pursuant to this Master Agreement may be assigned or transferred without the prior written approval of the Parties, which approval shall not be unreasonably withheld. 15. Attorneys Fees. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions of this Master Agreement or any agreement executed pursuant hereto, whether by institution of suit or not, the party rightfully enforcing or rightfully resisting enforcement of such provisions, or the prevailing party in case suit is instituted, shall be entitled to reimbursement for its costs and reasonable attorney fees from the other party. 16. Construction, Binding Effect. This Master Agreement shall be construed and enforced in accordance with the laws of the State of Idaho and shall be binding upon and inure to the benefit of the parties hereto and their respective successors. This Agreement is not intended for the benefit of any third party and is not enforceable by any third party. If any provision of this Master Agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remaining provisions of this Master Agreement shall remain in full force and effect. The parties represent and warrant to each other that they each have authority to enter this Master Agreement. 17. Dispute Resolution. The parties agree to engage in mediation through a mutually acceptable mediator prior to institution of legal proceedings to resolve any issues pertaining to the provisions of this Master Agreement. The parties shall each pay fifty percent (50%) of all fees and costs charged by such mediator. 18. Catchlines. The catchlines or section headings herein set forth are provided only for the convenience of the parties in locating various provisions of the Agreement, and are not intended to be aids in interpretation of any provision of the agreement with respect to which the parties might disagree at some future time, and shall not be considered in any way in interpreting or construing any provision of the Agreement. MASTER PATHWAY AGREEMENT - Page 10 19. Notko. Any and all notices, demands, consents and approvals required pursuant to this Master Agreement shall be hand delivered, or if sent by mail shall be certified, postage prepaid, return receipt requested, addressed to the parties as follows: Nampa & Meridian Irrigation District City of Meridian 1543 First Street South 33 E. Idaho Street Nampa, ID 83551-4395 Meridian, ID 83642 Notices shall be deemed to have been delivered upon hand deposit in the United States mail as provided above. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto caused its municipal name to be subscribed and its seal to be affixed by it officers first thereunto duly authorized by resolution of its City Council, all as of the day and year herein first above written. ,ATW-, , �. Ifs Secretary' ATTEST: r William G. Berg, Jr. - Cie MASTER PATHWAY AGREEMENT NAMPA & MERIDIAN IRRIGATION DISTRICT By If / Its Presid t THE CITY OF MERIDIAN Came - STATE OF IDAHO] } ) ss: County of Canyon ) On this jt� day of 2000, before me, the undersigned, a Notary Public in and for saidStale, personally appeared and , known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. STATE OF IDAHO } } County of Ada ) ss: zltxx I, -f - Z'2� - Notary Public for Idaho Residing at. My Commission Expires: ei� On this 7 t day of D , 2000, before me, the undersigned, a Notary Public in and for said State, personally appeared Robert D. Corrie and William G. Berg, Jr., known to me to be the Mayor and City Clerk, respectively, of THE CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written *Macao 0 a �O..A• w r v �` +r to • OF Lip•° sssaso MASTER PATHWAY AGREEMENT - Page 12 Notary Publi oj I Residing at _VV> p,ucU!-n , Idaho My Commission Expires: i - U — d k:7 RI \ GERT C LA 'K LAWYERS Tam Kuntz City of Meridian Park and Recreation 1 I W. Bower Street Meridian, Idaho 83709 RECEIVED CITY OF MERIDUN January 29, 2001 Laura F. Barri Jeffrey R. Chnslenson D. Blair Clark Michael J. Doolilik: S. Bryce FarrLS Patrick D. Furey David Flammerquist c7sarks L. Homsingrr 10SWI) B. Jones Jaax,s P. Kaufman X"'inifer Heid MallOncy James Ci -Reid William F. Ringcrl Daniel V. S1reFj%0Tt Allyn L. Swccney Sams u l Kaufman ( 1X12 1-13 86) Re: Nampa & Meridian Irrigation District (NMID): Master Pathway Agreement Dear Tom: Enclosed for your files is a copy of the recorded master pathway agreement dated December i 19, 2000, between the City of Meridian and Nampa & Meridian Irrigation District. Please call me if you have any questions or comments regarding this matter.. Yours very truly, Daniel V. Steenson DVS:kw Enclosure Cc : zst 455 South Third Street ♦ P.Q. Box 2773 • Boise, Idaho 83701 . 208/342-4591 FAX 342-4657 RINGERT CLARK CHARTEREDi j I .aura B. Burrs LAWYERS V Jeffrey R. Christenson D. Blair Clark A i JAN 16 2001 J. arrasDoolittle S. Bryce S. Bryce Farris Patrick D. Furey Davld HammerquLsf CMU ��ZrRM A 7l'S' L/l: +•�.S=A^.�i�'1L'li�i Charles L. onc,% ger Joseph B. ,Ipnf� James P. Kaufman Jennifer Reid Mahoney ,lames G. Reid William R Ringed Danlel V. steenson Allyn L. Sweeney January 9, 2001 Torn Kuntz City of Meridian Parks and Recreation 11 W. Bower Street Meridian, Idaho 83709 Samuel Kaufman (1921.198G) Re: Nampa & Meridian Irrigation District (NMID): Master Pathway Agreement Dear Torn: Enclosed is a signed duplicate original of the Master Pathway agreement dated December 19, 2000, between the City of Meridian and Nampa & Meridian irrigation District. The agreement has been placed of record. Please contact me if you have any questions or comments regarding this matter. Yours very truly, Daniel V. Steenson DVS:kw Enclosure 455 South Third Street • P.O. Box 2773 ♦ Boise, Idaho 63701 • 2081342-4591 FAX 342-4657 Meridian Ci#y Council Mee#ing DATE: October 15, 2013 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Task Order 0759b-D for Professional Services Approval of Task Order 0759b-D for Professional Services for "Ground Water Level and Quality Monitoring with Aquifer Testing" to Hydro Logic, Inc. for the Not-To-Exceed Amount of $100,000.00. MEETING NOTES ~~~~~.r~ V ~ ~. g Community ItemlPresentatians Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILIrD TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Date: 9/19/2013 '~: 60 Department: C Construction: CITY OF MERIp1AN COIr[TRACTlAGENDA REQ~IEST CHECKLIST REQUESTING pEPARTMI=NT P~tb~~c Works 3200 PSA: Gt Account: 55090 Project Name: Ground Water Level and Quality Monitoring with Aquifer Testing Project Manager: Kyle Radek Department Representative: Contractor/consultant/Design Engineer: HYDROLOGIC INC Budget Available (Attach Report}: Yes Contract Arnaunt: $100,000.00 WIII the pro}ectcrossfiscal years? Yes No x Budget Information: FY Budget: FY14 Enhancement #: Grant #: Other: 'type of Grent; BASIS ~F AWARD Low Bidder Highest Rated _ l lid Results Attached} (Ratings Attached? TyH~~al Award yes ~_ No If no please state circumstances and conclusion: Current? (attach print aut} 1Q Day waiting Period Complete: N/A PW Lfcense# N/A r Corporation Status (Attach Print OutJ: Insurance Certificates Received (Date): Goodstand'Ing Payment and Performance Bands Received {Date: Builders Risk Ins. Req'd: Yes N/A Master Agreement x (Category) 6A Date Award Pasted: Project ~ 0759b Task Order: x Correct Category? Rating: Rating: No X If yes, has policy been purchased? ~ ~ D '- submitted to Clerk far Agenda: }p q j~ Approved by Cauncll Is~ urchase Order No. bate Issued: issue Notice of Award: Date: Memo To: Jaycee L: Holman, City Clerk, Feom: Keith Watts, Purchasing Manager CC: lacy Jones, Kyle Radek Dade: 9019193 Re: October 9 5 City Council Meefing Agenda item The Purchasing Department respectFully requests that the following item be placed an the October 95t'' City Cauncil Consent Agenda for Council's considerat+on. Approval of Task Order 0759b-D for Professional Services for "Ground Water Level C and Qualify Monitoring wifh Aauifer Testing" to Hydro Logic, Inc. for the Nat-To- Exceed_amounf of $900,000A0. This Task Order is issued in conjunction with the Master Agreement with Hydro Logic dated December 6, 2099. Recommended Council Actiion: Approval of Task Qrder Q459b-D far the Not- To-Exceed amount of $100,OOa,Oa. Thank you for your consideration. • gage 1 ~~i~E IDIAN~-- ~ PL1bi1C IDAHO Works Department TO: Keith Watts FRUM: Kyle Radek, PE Assistant City Engineex DATE: October 8, 2013 Mayor Tammy de Weerd CiEy Councl~ Mem6ar~r Keith Bird Brad Hoaglun Charles Rountree ~auid Zaremba SiIBJECT: Project Information; Well Monitoring and Aquifer Testing 2013 2014, Task Order HLI-0759b-D I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-0343 Wal~•en Stewart, PW Engineering Manager 489-0350 Tom Barry, P~J[r Director 489-0372 II. DESCRIPTION A. Background In order to gain greater understanding of the chaxacteristics of Meridian's complex aquifer system, which is the sale source of potable water for the City; and to better utilize and protect this important resource, the City has engaged in building test wells that can also be used as monitoring wells, The City has been collecting data from these wells far several years and is beginning to see the current and potential benefits of this effort. Application of the data includes developing an understanding of the sustainable quantity of water available, and understanding the water quality which Leads to a better understanding of the effects of pumping City wells, B. Proposed Project This project includes continuing the collection of data from IV.Ceridian's monitoring wells and collection of data in coordination with pump tests. This pxojeet also includes the assembly and synthesis ofthis data into reports. III. IMPACT A. Strafe ig c Impact: This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the Page 1 aft needs of our growing community, and to ensure modern reiiable facilities while maintaining f nancial stewazdship. B. ServicelDeliver +~Im„pact: This project ensures current and future delivery of quality water to our customers. C, FiscaIImpacts: Project Cost (3200-55090) Available Funding (3200-55090) Approved for Council Agenda: ~ n Stewart $100,000.00 $100,000.00 Date Page 2 of ~ 'ASK URAEI~ NO. HLI-0759b-D Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN C1TY OF MERIDIAN {01NNER} AND HYDRO LOGIC, INC (HYDROGEOLOG[ST) This Task Order is made this ~ day of October, 2013 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by tHYDRO LOGIC, lNC~ hereinafter referred to as "HYDROGEOLOGIST" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Gategory 6A} between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order HLI-0759b-D is as follows; CITY OF MERIDIAN GROUND WATER LEVEL AND C~UAL~TY ~It~ONITORING WiTR At~UI~ER 7'EST~NG SCOPE OE 11UORK TASK 1,i -CITY GROUND 1NATER LEVEL MON[TORING AND AQUIFER TESTING Per the City's request, Hydrogeologist will measure, maintain, keep secure, document, plot, and report on the City's long-term ground water level monitoring network consisting of 14 individual monitoring sites and 61 tube wells. In addition, the Hydrogeologist will conduct and report on at least one long-term, multiple-well aquifer test per year (two reports) using the City's equipped production wells. It is anticipated that one annual report of measu~`ed water levels will be compiled and submitted to the City by January 31st of the year following the year during which the monitoring was done. In other wards, the annual monitoring period ends an December 3ist for each monitored year and the annual water level compilation to be prepared and submitted to the City shall be due by ~lanuary 31st. The Owner will provide access to Conduct the measurements. Hydrogeologist will make monthly visits (a loop) to all monitoring stations for purposes of measuring aquifer pressures in the City's monitoring network. Hydrogeologist will also inspect, repair, and secure as necessary the locking security enclosures using the Hydrageologist's own locks. The Hydrogeologist, and not the City, is wholly responsible far maintaining a Task Order HLI.0759b-D AROUND WATER LEVEL AND QUALiiY MONITOfl1NG WITH AQUIFER TESTING Page i of 3 HYDRO LOGIC, INC C secure network of wells and to ensure that the above-ground aquifer pressures (flowing artesian wells) are contained and that the monitoring wells are not leaking. During the winter months, the Hydrogeologist will ensure that fhe flowing wells are pressurized so tha# the water levels in the wells are below ground to prevent freezing and subsequent cracking of the PVC monitoring wells. Hydrogeologist shall enter the measured water levels into acomputer-based spreadsheet program for plotting and presentation to the City in an annual report. For the aquifer testing portion of this project, a comprehensive report is envisioned for each test that is accomplished fhat will include pre-test trend data, drawdown measurements, and a post-test recovery period lasting, in total, from one month-to-two months in duration for all wells measured. Coordination with the Water Department to manipulate the City's pumping in the vicinity of the aquifer #est will be key. The final report will be interpretive in nature and describe the measured hydraulic interconnection across the aquifer system and derive aquifer coefficients of transmissivity and storativity for use in future numerical modeling of the system. Alf work will be carried out with an eye toward the future specter of conjunctive administration of surface and ground water as a single resource and protection of the City's municipal water rights. Because this is an on-going annua! project for the City, two years of monitoring are anticipated under this task order based upon annual costs for the monitoring from past years and including an additional 22 tube well zones added to the network by the newly completed #16-6 and #15- B Monitoring Wells. The remaining funds wil! be devoted to aquifer testing using the existing City ground water supply wells as pumping /observation wells and the long-term designated monitoring network as observation points and for rental of continuously-recording data_loggers for monitoring weAs. Additional funds under this task order are intended for use an the water level and water-quality monitoring of the newly completed Meridian #158 Monitoring Well including analysis and interpretation. Hydrogeologist will work closely with the City's Public Works and Water Departments. TIME OF C~MPLETtCEN and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed {NTP) from the City by October 2013. A NTP issued an a different date will change the schedule accordingly. COMRENSATION AND COMpI.ETtON SCHEDULE Task Description bue Dafe Compensation 1.1 Clty Ground Water Level Monitoring And Aquifer Testing ^ Septern6er 2014 $100,000.00 'TASK ORDER TOTAL $itl0,Qp0.00 The Not-To-Exceed amount to complete al[ services listed above for this Task Order No. HLI- 0759b-D is one hundred thousand dollars {$1 Q0,000.00). Na compensation will be paid aver Taak Order IiLi-0759b-D GROUND WATER LEVELAND ©UALITY MONI'fORlNG WITN AQUIFER TEST[~3G Page 2 of 3 HYDRO LOGIC, INC the Not-to-Exceed amount without prior written approve! by the pity i!3 the form of a Change Order. The hourly rats for services and direct expenses are per the Master Agreement (by this reference made a part hereof) and will .be the basis tar any additions and/or deletions in services rendered. Travel and meals are excluded from this Taslt (7rder unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN u TAMMY de 1N D, MAYOR HYDRO I,OQIC, INC BY: ED SQUIRES Dated: ~ ~' ~~~ Approved by Councl ja'CfD.4~f:fFS~ l l _ , l ity of Attest: _ ~~f, E~4L~1IA ,anHa ~.~ ~` E L. CITY C °~~~ SEAL ASV , ~~~ °! rb eTrR1:A5~ya~a Purchasing Approval BY: t~ KEIT A T u chasing Manager Engineering l3 Task Order Hf_I.0759b•D AROUND WATER L~VEI-AND QUALITY MONITORING WITH A4UIFErR TESTING Page 3 of 3 MYDRO i.OGIC, INC Meridian City Council Meeting DATE: October 15. 2013 ITEM NUMBER; PROJECT NUMBER: ITEM TITLE: ACHD Change Order 57 for Split Corridor Approval of Ada County Highway District (ACHD) Change Order 57 for the Meridian Split Corridor Phase 2 project ~Isiand landscaping) for the Nof-To-Exceed amount of $1 1 Q,192.33. MEETING NOTES "~~~E, ~~ ~~ S6 B ~ Community 1temlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS `~'- Meridian Split Corridor Phase II ,, ~.. ~~ ., ~~ Change Order No 57 CT212-16 RD205-07.02 506047 ~~ ~ ~~ CH Purchase Order 63015327 CHANGE ORDER CENTRAL PAVING __ -_ __ 'i CHANGE IN BID QUANTITIES City of Meridian Water and Sewer Improvement Schedule 6-City of Meridian Sewer & Water CODE Bid Item Item Description QTY UNIT Unit Price Item Total __ ___ g _ p ____ __ _ __ f-- _ _ - _ __ - _ ; _ $105,618.00 LS 105 618.0 CITY C57-ISLANDS ~Irri ation & Landsca e 3 Islands __ 'CITY C57-ADMIN Contractor Administrative Expenses ~ 1 LS $4,574.33 $4,574.33 _ _ Change Order Total $110,192.33 This change order will increaseldecreasethe calendar days of completion by: 0 ___ __ -_ _ Adjusted Contract moun Original Contract Amount: $2, 043, 875.85 ~ $2,768,107.55 __ __ Original Completion Date: '~ 10/06/2013 Adjusted Completion Date 09118/2013 ~', Total contract amount and completion date will be adjusted as shown above when this change order is approved and accepted. REASON FOR CHANGE The City of Meridian asked that the landscaping of the three islands be added into this contract. DESCRIPTION OF WORK TO BE PERFORMED Provide landscaping for the three islands per the attached modified landscape drawings that were originally prepared by The Land Group dated 8126113. Topsoil will be provided under contract unit prices and paid for by ACHD. Excavation preparation of the island at Main and Fairview will be covered under a separate ACRD change order. III project requirements shall be in accordance with current contract documents as modified by this change. The price agreed on, as part of this change, shall be full compensation for all material, manpower, equipment, allowable overhead and profit, and any other appurtenance required to complete the work. APPROVALS ___J J ~. ACHD Pr is pproval Date ,~~ ~ ~ ~ ~ Authorized Contractor Signature Date ACHD A Other Approval ~• r ---- - - ~ ~,~; Date ~- ~~~ ~~ 4 Date n. ~ LPG THIS DOCUMENT SHALL BECOME A SUPPLEMENT TO THE CONTRACT Adj CO No Amount Comp Date InclDec Comp Date C T212-16 CM210-65 001 a __ $37,497.65 ~ 1010612013 __ -18 09118/2013 $37,497.65 __ PP1208-117 _____. ____ _ ,___ _ _ 001a ___ ____ _ _ __ $97,686.90 _ 10/0612013 _ - 18 __ 09118/2013 $97,686.90 PP1208-85 001a $12,257.20 1010612013.., -18 09/18/2013 _ $12,257.20 _ PP1208-86 001 a _ _ $100,141.50 _ __ 1010612013 ~ 18 09/18/2013 $100,141.50 RD205-07 1001 a $5,370,578.40 10106/2013; 11 __ _ , 10/1712013 j '01 $5,257.45 0 03 $17,861.40: 0 '08 __ _ $23,880.25 ; ______ 0 } ____.__ .. 11 .. _._.... i.._ .. $2,466.72 ~ ..... ........... ............ _.... ____ i 0 .... _.. _.-i 13 _ __ _ $0.00 ~ i 3 X14 $1,091.95 ~ 0~ !15 j $1,886.28 ; 0 a !16 $6,541.87 ! _. _ ___ _. 0 _ _ { !17 $22,064.21 0~ __ 4 __ !18 _ __ $5,020.56 ....... - ; - - 0~ -~ ___ 19 $3,875.02 0 26 $2,738.37 __.. 0' 27 - $4,280.19 - __ _ . 0 __ ,_ 28 $7,205.00 0 ,34 $1,158.26 0 '~ '39 $5,585.48 _0 42 $2,997.36 , -_ 0~ __ 44 .. $46, 557.57 ' .... _ __ . _ - t 2 '45 $4,619.47 ; 0, __ 50 .......... i _ - - 4 $68,000.00 !; .__ ..._.__ __{____. _ _ .... __. _....... __ _. -34 ....A .. ... ...... ... ... 52 $5,906.55 ~ 0 i 56 $4,603.26 0 $5,614,175.62 RD205-07.02 001a $2,043,875.85 ' 10106/2013' 5 10/11/2013 02 __ $7,843.94 _ _ 0, 04 $113,220.00 __ 0 '05 $2,323.43 ____ _. 0 '06 $15,866.85 1 ,. I07 $81,100.75: 7 '~09 $2,498.55 ' 0' 10 ~ $0.00 ~ 3 ',12 _ $31,686.63 _ __ 0 20 $11,373.20: __ 0 21- _ $32,656.43 0 I22 $2,871.29 ; ___ _ _ _..._ 0 __ ~I,23 $3,053.52 0 24 $23,761.68 0 ',25 $49,552.62 , 0 29 $9,747.90 ~ __ ; 0 30 $3,931.20 ___ __, 0 ', 31 - -- $13,177.02 0 _____ -- a- .~ _ y _ ~~ ;r ~~ .......-.-. .. ---. ~ - . ...._. ~, ~ ~ ~ ';32 ! ___.....--. .~_-.._ .... ___._ .....__._. .. - $2,279.48 ~' t - t ---......._ ... ... ............ _--... 0 ......... . 33 __ - $23,175.80 ~ __ _ _ -......-- ------ ----.-.- ___. 0. _ . - t,. ---- 35 $4,855.61 ~ _ 0 _ _ `:36 _ ~_ $1,773.72 __ 0' __ 37 $3,474.51 __ _I! _ _~, __ 38 $3,180.86 ; _. 0 :, . _ 40 $11,331.14 0 __ _; -_ ,41 ....$2,065.86 , 0 __ 43 $2,997.36 0i _~ 6 __ $19,062.13 ~~ __ _ 0 __. 47 ___ _--... $6,720.93.._. 0 48 _ __ __ $3,443.92 1 _ 0 , __ '49 _ ____ -. __ _ $47,691.78 I t- 0' '51 __ _ _ _ -_ $68,000.00 _~ -34 _ __ _~ X53 $644.83 I 0 _ ,I _ __ ~54 _ _ _ -___ $7,214.33 0. 55 _ i _ $1,462.10 ! ; _ __ 0 . __ 157 ____ - $110,192.33 ' 0 .__ __ ~ ................. _..... . $2,768,107.55 RD205-07.03 . ,001 a ! $305,662.50 1010612013 _ __ _ - ~ -18 09/1812013 $305,662.50 $8,935,528.92 Original: Central Files - Copies: Engineer of Record, Engineering Manager; Res. Engineer, Project Mgr, Inspector, Project Files, Contractor, Accounting i r ~I~r ~ ,~• M r a jf' E TRAL \y. AVING INC. September 20, 2013 ACHD Attn: Justin Bledsoe 3775 Adams St Garden City, ID 83714 Re: Meridian Split Corridor, Phase 2 CT212-16 Change Order Request #53b-Landscape Islands per plans dated 8/26/13 REVISED TERRY McENTEE, PRESIDENT PAT McENTEE, VICE PRESIDENT P.O. BOX 15010 5040 SOUTH APPLE BOISE, ID 83715 PHONE (208) 338-0818 E-MAIL: INFO@CENTRALPAVING.COM WEBSITE: www.centralpaving.com Justin, Asper the City of Meridian's request, we are submitting the following prices for approval. This cost is to complete the landscaping for 3 islands as per plans prepared by The Land Group dated 8/26113. The island at the Main St/Fairview intersection requires removal of sidewalk and additional excavation that was not originally a part of this contract, these costs are included. Topsoil required for these islands to be paid under existing bid items. Topsoil depth for the Main St. island will be 6" instead of the 12" identified in the project plans. Bid Schedule; 6 Description Qty Unit Unit Price Total p-rep~1~hsl~rL~~scap~g 1 LS $ 18,333.12 $ . Irrigation & Landscape 3 islands 1 LS $105,618.00 $ ~ l 5 Subtotal "' ~ ~ ~ ' ~;~ , GC Mark-up 1 LS $ 3~~3 Bond (1%) plus 6% mark-up 1 LS $ 1-~3~ ~ t c~r~ -~~ Administrative Cost 1 LS $ 5,571.14 $ --~;324:4~- ~~ ~~, ~ Total Change Order Request #53b $ 1~~~ ~~~w ~~~~ We would request 22 additional contract days to complete work associate d with this change order. Original Contract Time 339 Days Total Previous Change Orders 15 Days Total Change Order Request #53b 22 Days Total Change Orders 37 Days Revised Contract Time 376 Days As this project is quickly approaching substantial completion, we are requesting that either the contract be extended 22 additional days or that we be allowed to complete this additional work after substantial completion has been received. Respectfully, ~,F eff es Central Paving Co., Inc. AN EQUAL EMPLOYMENT OPPORTUNITY EMPLOYER Meriatian Cify Council Nleefing DATE: October 15, 2013 ITEM NUMBER: 5}i PROJECT NUMBER: ITEM TITLE: Resolution No. Resolution No. '3_ ~ -~ :Resolution Amending The City of Meridian Standard Operating Policies and Procedures Manual Regarding Policy 6.1.1 -Gifts and Gratuities and Adding a New Policy 7.2. ] -Use of Nicotine and Tobacco Produc#s MEETING NOTES ~.; .f { F f ~~ ~ ~~~ Community 1temlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT1~N DATE: E'MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 13- ~J~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL REGARDING POLICY 6.11 -GIFTS AND GRATUITIES AND CREATING A NEW POLICY ~a.~- USE OF TOBACCO AND NICOTINE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City leas previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to alI employees of the City; WIIEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to Policy 6.11 -Gifts and Gratuities and new Policy }. a~ ~- Use of Nicotine and Tobacco Products; a copy of said policies are attached and incorporated by reference as Exhibit «Aa~ SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ,~,. ADOPTED by the City Council of the City of Meridian, Idaho, this t 5, day of ~iC!-a}~e3~ , 2013. ' APPROVED by the Mayor of the City of Meridian, Idaho, this ~ 5 day of (~.-~dr~e~/ , 2013. APPROVED: a.~g„ q vGU Mayor T y de Weerd ATTEST• o~4og STS j ~~' o o; City of ' By' IDIAN~--~ ay o n, ity Cle • ~oAHo w ~'c SEAL ti ~~rfB°~i6¢ fRE ASti4~~P~ CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL AiViFNDMENT FOR POLICY 6.11 - GIFTS & GRATUITIES AND POLICY `-USE OP TOBACCO & NICOTINE -OCTOBER, 2013 CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER b.11 SUBJECT: GIFTS & GRATUITIES PURPOSE: To provide guidance to City employees and representatives regarding the acceptance of gifts, money or gratuities from outside organizations or individuals. POLICY: City employees are prohibited from accepting gifts, money and/or gratuities from organizations, vendors, contractors or their agents in value over $50. AUTHORITY & RESPONSIBILITY: Each employee is responsible for tracking gifts and gratuities from outside vendors, organizations, contractors or others that are received in the capacity of a City employee. Supervisors and department heads are responsible for enforcing this policy at the department level. PROCEDURES AND RELATED INFORMATION: I. City employees are prohibited from soliciting or accepting gifts, money andlor gratuities from organizations, vendors, contractors or their agents in value over $50. Employees in the Police and Fire departments should refer to the department's standard of operation procedures. II. This section does not apply to campaign contributions. EXCEPTION: For purposes of this policy, prohibited gifts or gratuities do not include prizes that are: 1. Won in a contest or event unrelated to the employee's off cial duties; or 2. Won in a truly random drawing; or 3. Won in a contest or event open to the public. 10/15f13 CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 7.2.1 SUBJECT: USE OF NICOTINE OR TOBACCO PRODUCTS PURPOSE: To promote a healthy workforce and healthy working environment, employees' use of nicotine or tobacco products, real or simulated, is prohibited on City property during work hours. POLICY: The use of nicotine or tobacco products, real or simulated, on City property during work hours is hereby prohibited. AUTHORITY & RESPONSIBILITY: The City desires to establish a nicotine or tobacco free environment to promote a positive image of the City, and to encourage healthy lifestyle choices amongst its employees. Employee use of nicotine or tobacco products, real or simulated, while on City property during work hours is adverse to that desire. The City therefore has the ability to prohibit this activity. DEFINITIONS: 1. Real ox Simulated nicotine and tobacco products include, but are not limited to, cigarettes, cigars, pipes, snuff, and chewing tobacco, electronic cigarettes (or e-cigarettes}, personal vaporizers (PV's}, or electronic nicotine delivery systems (ENDS}. 2. City Property includes, but is not limited to: a. Buildings awned or managed by the City, including within twenty {20} feet of such buildings, b. Vehicles owned or leased by the City, and c. Land and parks, whether developed or undeveloped, owned by the City. 3. Work hours are defined as the employee's regular work schedule, including breaks, any overtime and/or extra shifts, and any time the employee is acting within the course and scope of the employee's duties. EXCEPTIONS: This policy does not restrict employee use of products prescribed or recommended by a physician as part of a smoking or tobacco cessation program, so long as use of such products during work hours occurs in public smoking areas only. This exception shall only apply for sixty {60) days after providing notice to Human Resources at the beginning of the program ar until program completion occurs, whichever is shorter. 10/15/13 ~lleridian City Council Meeting DATE: October 15, 2013 ITEM NUMBER: PRQJECT NUMBER: ITEM TITlE: IRU Agreement with Syringa Networks for Dark Fiber IRU Agreement with Syringa Networks for Dark Fiber, City of Meridian Dark Fiber Route Description and Project Scope, Operations and Maintenance Agreement with Syringa Networks MEETING NOTES u/ RFPROVED Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTIQN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IRU AGREEMENT THIS IRU AGREEMENT ("IRU Agreement") is made and entered into as of the 15)4 day of October, 2013 by and between Syringa Networks, LLC, an Idaho limited liability company ("Syringa Networks") and the City of Meridian, an Idaho Municipal Corporation ("City"). The signatories to this IRU Agreement shall be referred to individually as the "Party" and collectively as the "Parties". RECITALS A. Syringa Networks has constructed a multi -conduit fiber optic communications system (the "Syringa Networks System") along the routes described in Exhibit A (the "Syringa Networks System Routes"). B. City desires to obtain the right to use certain dark fibers in the Syringa Networks System and within the Syringa Networks System Routes as designated on Exhibit A, connecting various points identified on Exhibit B, attached hereto and incorporated herein by this reference (the "City Fibers"). C. Syringa Networks desires to grant to City an indefeasible right to use the City Fibers upon and subject to the terms and conditions set forth below. D. Cify will operate and use the City Fibers and Syringa Networks will provide maintenance and repair services necessary to maintain the City Fibers and City will pay Syringa Networks for such services in accordance with the terms and conditions of a separate operations and maintenance agreement executed simultaneously herewith (the "O&M Agreement"). NOW THEREFORE, in consideration of the foregoing Recitals and the covenants and agreements set forth below, Syringa Networks and City hereby agree as follows: ARTICLE I DEFINITIONS For purposes of this IRU Agreement, words spelled with initial capital letters (other than proper names, section headings, and the beginnings of sentences) shall have the defined meanings set forth in the applicable provisions of this IRU Agreement or in this Article. 1.01 "Associated Property" shall mean the tangible and intangible property needed for the use of the City Fibers as permitted by this IRU Agreement, as and to the extent more particularly described in this IRU Agreement, including but not limited to all associated conduits, poles and underlying rights of Syringa Networks as necessary to effectuate this IRU Agreement, but excluding any electronic and/or optronic equipment. 1.02 "Authorizations" shall have the meaning set forth in Section 12.03. 1.03 "Costs" shall mean the actual, reasonable direct costs incurred by Syringa Networks when performing any work for City. 1.04 "Delivery Date" shall have the meaning set forth in Section 5.01. 1.05 "Demarcation Point" shall mean a point on one side of which is City's responsibility for liabilities, as between the Parties, ensuring connections, and paying for and installing equipment, termed premise side; the other side of the Demarcation Point shall be termed network side, the side of the Demarcation Point on which the cable is located prior to termination, and which is opposite to the premise side. 1.06 "City Fibers" shall have the meaning set forth in the Recitals. 1.07 "Interconnection Fee" shall mean any fees assessed by Syringa Networks to City for additional splice points other than initially agreed to Demarcation Points. 1.08 "IRU Effective Date" shall have the meaning set forth in Section 5.01. 1.09 "Governmental Authority" shall mean any federal, state, regional, county, city, municipal, local, territorial, or tribal government, whether foreign or domestic, or any department, agency, bureau or other administrative or regulatory body obtaining authority from any of the foregoing, including without limitation, courts, public utilities and other authorities. 1.10 "O&M Agreement" shall have the meaning set forth in the Recitals. 1.11 "Person" shall mean any natural person, corporation, partnership, limited liability company, business trust, joint venture, association, company, non-profit organization, or Governmental Authority. 1.12 "Syringa Networks System Routes" shall have the meaning set forth in the Recitals. 1.13 "Taxes" shall mean and include all taxes, fees, levies, imposed duties, charges or withholdings of any nature (including without limitation ad valorem, real property, gross receipts, taxes and franchise, license and permit fees), together with any penalties, fines or interest thereon arising out of the transactions contemplated by this IRU Agreement and/or imposed upon the Syringa Networks System, or any part thereof, by any Governmental Authority. 1.14 "Term" shall have the meaning set forth in Section 5.01. ARTICLE H IRU RIGHTS 2.01 On the terms and subject to the conditions set forth herein, upon the IRU Effective Date as defined in Section 5.01 below, Syringa Networks shall grant to City the exclusive, Indefeasible Right of Use ("IRU") for the purposes described herein in the City Fibers and an associated, nonexclusive right of use for the purposes and subject to the conditions described herein in the Associated Property. The IRU granted herein does not provide City any ownership interest or other rights to physically access, control, modify, or encumber in any manner, or other use of Syringa Networks' System Routes except as provided herein. Exhibit B identifies the number of fibers, approximate route mileage, and configuration of the City Fibers. Exhibit C specifies the consideration to be paid Syringa Networks for the IRU in the City Fibers. Nothing in this Agreement is intended to be construed in any manner or under any circumstances as constituting a lease or an executory contract within the meaning of Section 365 of the U.S. Bankruptcy Code (or any successor section thereto). ARTICLE III USE OF THE CITY FIBERS 3.01 Notwithstanding any other provision of this IRU Agreement to the contrary, the parties recognize that City's use of the City Fibers is governed by the terms of the O&M Agreement and City's sole access rights to the City Fibers shall be those explicitly stated within the O&M Agreement. To that end, City shall have no access to the City Fibers or the Syringa Networks System unless such access is authorized pursuant to the O&M Agreement. City and Syringa Networks agree to abide by the terms of the O&M Agreement for the IRU Term. ARTICLE IV CONSIDERATION 4.01 In consideration for this IRU Agreement and the IRU granted to City hereunder, City shall pay to Syringa Networks the sums as set forth in Exhibit C. The parties hereby agree that the IRU Fee specified in Exhibit C reflects the fair market value of the City Fibers as of the commencement of the Term. 4.02 In addition to all other remedies available to Syringa Networks hereunder, any sums not paid within sixty (60) days of the due date hereunder shall bear interest from the date due until paid in full at an annualized rate that is the lesser of 12% or the highest amount permitted by law for commercial transactions. ARTICLE V TERM 5.01 The IRU granted to City for the City Fibers identified in Exhibit B shall become effective on the day (the "IRU Effective Date") when 1) City has delivered a Notice of Acceptance, or upon Deemed Acceptance, as defined in the O&M Agreement, and 2) City has delivered the consideration as set forth in Exhibit C. Syringa Networks shall use best efforts to deliver the City Fibers for testing on or before June 30, 2014 (the "Delivery Date"). The term with respect to the IRU ("Term") shall commence on the IRU Effective Date, and shall continue for a period of twenty (20) years, unless properly abandoned in accordance with Section 5.02 below or terminated in accordance with this IRU Agreement. Following the expiration of the Term, City may elect to have this IRU Agreement renew for up to four (4) successive periods of five (5) years each (each a "Renewal Term") upon written notice to Syringa Networks not later than ninety (90) days prior to the expiration of the then current Term or Renewal Term; provided however, if Syringa Networks determines that the City Fibers have reached the end of their useful life (as determined by Syringa Networks in its sole discretion), then Syringa Networks shall provide notice to City that the Term or Renewal Term shall not be renewed. 5.02 In addition to any other rights that City may have under this IRU Agreement, if at any time during the Term City determines that, with respect to all or any portion of the City Fibers have reached the end of their useful life (as determined by City in its sole discretion), or City otherwise desires to not retain the IRU, at any time after full payment of the IRU Fee, City shall have the right to abandon all or such portion of the IRU by ninety (90) days written notice to Grantor. In the case of abandonment, this IRU Agreement shall terminate as to such portion abandoned, and City shall not be entitled to a refund of any of the IRU Fee paid. ARTICLE VI TITLE 6.01 Unless prohibited by law, Syringa Networks and City acknowledge and agree City shall have the exclusive right of use of the City Fibers, subject to the terms hereof. 6.02 Syringa Networks shall have undivided, absolute legal title to and ownership in the Syringa Networks System Route, including but not limited to the City Fibers subject to the rights granted herein. ARTICLE VII REPRESENTATIONS AND WARRANTIES 7.01 Each Party represents and warrants that: (i) it has the power and authority to enter into, execute, and deliver this IRU Agreement and, including without limitation, Syringa Networks' representation and warranty that it has the power and authority to grant the IRU and all associated use rights granted herein to the City; (ii) it has taken all requisite corporate action to approve the execution, delivery and performance of this IRU Agreement; (iii) this IRU Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditor's rights and general equitable principles; (iv) it shall not commit a breach of any other agreement as a result of executing this IRU Agreement or as a result of the obligations imposed upon it hereunder; and (v) its execution of and performance under this IRU Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any Governmental Authority. 7.02 Each Party represents and warrants to the other that there are no pending, or to the knowledge of such Party, threatened actions, suits, claims, condemnations or other proceedings (i) which would materially and adversely affect the City Fibers being delivered hereunder by Syringa Networks, the Syringa Networks System Route, or the ability of either Party to consummate the transactions and perform the obligations contemplated hereby, (ii) which would result in any charge being levied against, or lien assessed on the City Fibers being delivered by Syringa Networks hereunder which lien would materially and adversely affect Syringa Networks' ownership or City's use of the City Fibers, or (iii) in which either Party is or will be a party by reason of either Party's interests in the City Fibers. 7.03 Each Party shall promptly notify the other Party of any matters pertaining to, or the occurrence (or impending occurrence) of, any event of which it is aware that could give rise to any damage or impending damage to or loss of the Syringa Networks System or City Fibers. 7.04 City and Syringa Networks agree to cooperate with and support each other in complying with the requirements applicable to their respective rights and obligations, including Authorizations hereunder by any Governmental Authority. ARTICLE VIII LIMITATION OF LIABILITY 8.01 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING BY WAY OF ILLUSTRATION, LOST REVENUES AND LOST PROFITS SUFFERED BY THE OTHER PARTY) ARISING OUT OF THIS IRU AGREEMENT OR ANY OBLIGATION ARISING THEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS IRU AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH WARRANTIES AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE FIBERS OR ANY SERVICE PROVIDED HEREUNDER ARE HEREBY EXCLUDED AND DISCLAIMED. ARTICLE IX FORCE MAJEURE 9.01 Neither Party shall be liable for any delay or failure in performance of any part of this IRU Agreement to the extent such delay or failure is caused by an event of force majeure, including but not limited to, fire, flood explosion, accident, war, strike, embargo, governmental requirement, inability to obtain governmental authorizations or permits, civil or military authority, act of God, inability to secure necessary materials, labor or transportation, acts or omissions of a common carrier, warehouseman, act of terrorism or other third party or any other cause beyond a party's reasonable control. Any such delay or failure shall suspend the IRU Agreement until the Force Majeure condition ceases and the term shall be extended by the length of the suspension. ARTICLE X GOVERNING LAW 10.01 This IRU Agreement shall be governed by the laws of the State of Idaho without regard to its choice of law provisions. In any action between the Parties to enforce any material provision of this IRU Agreement, the prevailing Party shall be entitled to recover its reasonable legal fees and court costs (including reasonable attorney's fees, expert witness fees, and costs and expenses of investigation and litigation) from the non -prevailing Party in addition to whatever other relief a court may award. ARTICLE XI CONFIDENTIALITY 11.01 Each Party agrees to maintain in strict confidence all plans, pricing, designs, drawings, trade secrets, and other proprietary information of the other Party that is disclosed pursuant to this IRU Agreement for the Term of this IRU Agreement. No obligation of confidentiality shall apply pursuant to disclosed information which the recipient (a) already possessed without obligation of confidentiality; (b) develops independently; or (c) rightfully receives without obligation or confidentiality from a third Party; or (d) is required to disclose for purposes of performing its obligations hereunder or by Governmental or quasi governmental authority or as otherwise required by law. ARTICLE XII ASSIGNMENT 12.01 Neither Party may assign this IRU Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed), except that a Party may assign its rights and obligations hereunder by providing thirty (30) days prior written notice to the other Party to: (i) any subsidiary, parent company, or affiliate; (ii) pursuant to any sale or transfer of all or substantially all the business; or (iii) pursuant to any financing, merger, or reorganization; provided however the assigning Party shall remain jointly and severally liable for all of it obligations hereunder arising or accruing prior to the effective date of this assignment. 12.02 Subject to the provisions of this Article, this IRU Agreement and each of the Parties' respective rights and obligations hereunder, shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective permitted successors and assigns. 12.03 Any and all increased payments for regulatory approvals, franchises, permits, orders, consents and rights-of-way, either by contract, franchise or some other agreement, and all other rights necessary to effectuate this IRU Agreement (all of which are collectively referred to herein as the "Authorizations"), fees, charges, costs or expenses which result under the Authorizations or otherwise as a result of any permitted assignment or transfer of this IRU Agreement by a Party shall be paid by such Party. ARTICLE XIII NOTICES 13.01 All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by prepaid overnight air courier, or sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to City: Jaycee Holman Information Services Director City Clerk City of Meridian 33 E Broadway Avenue Meridian, ID 83642 If to Syrinea Networks: Syringa Networks, LLC 12301 W. Explorer Drive Boise, Idaho 83713 with a copy to: Dave Tiede Infrastructure Support Manager City of Meridian 33 E Broadway Avenue Meridian, ID 83642 with a copy to: Cynthia A. Melillo PLLC 8385 W. Emerald Street Boise, Idaho 83704 Or such other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith. Any such communication shall be deemed to have been given when delivered or upon attempted delivery if delivery is refused. ARTICLE XIV ENTIRE AGREEMENT AND AMENDMENT 14.01 This IRU Agreement, the O&M Agreement, and any Attachments or Exhibits attached hereto or thereto or to be attached hereto or thereto, constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and supersede any and all prior negotiations, understandings, and agreements with respect hereto, whether oral or written. This IRU Agreement may be amended or modified only by written instrument duly executed by each of the Parties. ARTICLE XV DEFAULT AND TERMINATION 15.01 If City fails to observe and perform the terms and provisions of this IRU Agreement and such failure continues for a period of thirty (30) days after written notice from Syringa Networks (or if such failure is not susceptible of a cure within such thirty (30) day period, cure has not been commenced and diligently pursued thereafter to completion), then Syringa Networks may take the following actions: (A) If the default consists of the failure to pay the IRU Fee, Syringa Networks may terminate this IRU Agreement, in whole or in part, in which event Syringa Networks shall have no further duties or obligations hereunder, and (B) in the event of any other default hereunder, Syringa Networks may pursue any legal remedies it may have under applicable law or principles of equity relating to such default, including an action for damages, specific performance and/or injunctive relief. 15.02 If Syringa Networks fails to observe and perform the terms and provisions of this IRU Agreement and such failure continues for a period of thirty (30) days after written notice from City (or if such failure is not susceptible of a cure within such thirty (30) day period, cure has not been commenced and diligently pursued thereafter to completion), then City may (A) if the default consists of the failure to provide the City Fibers, terminate this IRU Agreement, in whole or in part, in which event City shall have no further duties or obligations hereunder, and (B) in the event of any other default hereunder, pursue any legal remedies it may have under applicable law or principles of equity relating to such default, including an action for damages, specific performance and/or injunctive relief. ARTICLE XVI MISCELLANEOUS 16.01 The recitals above are incorporated into this IRU Agreement by this reference. The headings of the Articles in this IRU Agreement are strictly for convenience and shall not in any way be construed as amplifying or limiting any of the terms, provisions, or conditions of this IRU Agreement. 16.02 No failure to exercise and no delay in exercising, on the part of either Party hereto, any right, power, or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. 16.03 This IRU Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This IRU Agreement is the joint work product of both parties and, in the event of ambiguity no presumption shall be imposed against any party by reason of document preparation. [Signature page follows] IN WITNESS WHEREOF, Syringa Networks and City have executed this IRU Agreement as of the date first above written. SYRINGA NETWORKS, L - '� ) By: ' / Name: Greg Lowe Its: Chief Executive Officer CITY OF MERIDIAN By: Name: Its: EXHIBIT A SYRINGA NETWORKS SYSTEM ROUTES City of Meridian Syringa Networks Dark Fiber 4.6K 3 Fire Station 6001 N. Linder WWT 3401 2 S.SKM N Ten Mile Fire Station 4 2401 N Ten M e ♦-- = New Lateral Fiber Builds 7.6KM 4 Strands at every site 2 Strand Ring Design. 4 Strand Max Utilization H =Existing Syringa Fiber Network =2 Strand Ring Segments, Estimated 2 Strand Lenghts -16 24 Fire Station S Linder & Overland PROJECT City of Meridian Dark Fiber Fire Station 3545 N Locust Grove } 12 Water Dept 2235 NW 8' 9 1 I 2.7KM City Hail 33 E 7 8 Broadway 1.4KM 'I.SKM. Fire Station 40 E Frank 7 1700 Lanark 1.2K 6 y 10 S Water Tower 254 E Watertower MPD 1401 E Watertower Syringa 184 Core Fiber 7.4KM DESCRIPTIONI DRAWN BY 2 Strand Collapsed Ring, 4 Strand IRU per Site David Posey 10 N Not to Scale 1M Park 1900 • Records 11 8KM 413 Fire Station 2515 S Eagle REVISED VERSION PAGE 08-08-13 1.0 1 EXHIBIT B CITY FIBERS SEGMENT DESCRIPTIONS AND SCHEDULED COMPLETION DATES City hereby orders the following City Fibers and Syringa Networks hereby agrees to deliver the following City Fibers, all pursuant to and in accordance with the terms of the IRU Agreement. SEGMENT/ LATERAL SEGMENTDIVERSE FIBER COUNT .... SEGMENT ENDPOINTS SEGMENT ENDPOINT _ . TERM DIVERSE OR NOWT- DEMAR-CATION POINT TYPE * COMPLETI ON DA•E TBD, S. Linder & Overland Road, 3401 N. Ten Mile Road, Meridian, Meridian, ID ID 3401 N. Ten Mile Road, Meridian, 6001 N. Linder Road, Meridian, ID ID 2401 N. Ten Mile Road, Meridian, 6001 N. Linder Road, Meridian, ID ID 2401 N. Ten Mile Road, Meridian, 1401 E Water Tower, Meridian, ID ID 1401 E Water Tower, Meridian, ID 1700 Lanark Road, Meridian, ID 1700 Lanark Road, Meridian, ID 540 E. Franklin Road, Meridian, ID Non -Diverse Thirteen (13) Four (4) strands per site, two (2) strand 20 Year/ Path, Fiber Distribution Panel, sites collapsed ring 540 E. Franklin Road, Meridian, ID 33 E. Broadway, Meridian, ID 240 Month Collapsed 2 Strand Ring Single Mode Fiber, SC TBD topology between Term Physical Connector segments. Topology 33 E. Broadway, Meridian, ID 2235 NW 8'h Street, Meridian, ID 2235 NW 8b Street, Meridian, ID 254 E. Watertower, Meridian, ID 254 E. Watertower, Meridian, ID 1900 N. Records Road, Meridian, ID 1900 N. Records Road, Meridian, 3545 N. Locust Grove, Meridian, ID ID 3545 N. Locust Grove, Meridian, 2515 S. Eagle Road, Meridian, ID ID TBD, S. Linder & Overland Road, 2515 S. Eagle Road, Meridian, ID Meridian, ID Segment End Points: a. For Segments which are connecting the backbone network to incumbent local exchange carrier central offices ("ILEC CO's"), the Segment End Point for the City Fibers will be in the ILEC CO 11 "0" manhole then used by Syringa Networks and in which Syringa Networks has rights to install facilities (i.e., the ILEC manhole outside the CO), and Syringa Networks will provide the amount of slack fiber specified by City in the "0" manhole. City shall be responsible for bringing its fiber to such Segment End Point, and for securing any and all agreements, consents, permissions or authorizations from the ILEC necessary to permit Syringa Networks to provide City with access to slack fiber within the "0" manhole. b. For Segments which are connecting the backbone network to locations other than ILEC CO's, the Segment End Point for the City Fibers will be at an optical termination panel in or contiguous to Syringa Networks's POP within the building. City shall be responsible for bringing its fiber to such Segment End Point, and for securing any and all agreements, consents, permissions or authorizations from the building owner or manager necessary to install such connecting fiber. C. Any work required to connect the City Fibers to other fibers owned or procured by City (including, but not limited to, coring into Syringa Networks's manholes, hand holes or points of presence) shall be performed by Syringa Networks. 12 EXHIBIT C PAYMENT SCHEDULE B.1 IRU Fee: City agrees to pay, as compensation for the use of the City Fibers, the fees set forth below ("IRU Fee"). SEGMENT / LATERAL SEGMENT IRU FEE 1 $1,367,000.00 Totals $1,367,000.00 B.2 Payment Schedule: Fifty percent (50%) of the IRU Fee shall be due and payable by City to Syringa Networks within 10 days of the execution of this IRU Agreement. Fifty percent (50%) shall be due and payable by City to Syringa Networks within 10 days of the formal notification to City by Syringa Networks of the completion, testing, and acceptance of the Syringa Networks System Routes supporting all segments identified in the table in Section B.I. This final payment shall be due and payment in full whether or not City has completed construction of Fire Station 6 to enable Syringa Networks to pull fiber from the vault to the constructed building, as set forth in the scope of work presented to City. 13 OPERATIONS AND MAINTENANCE AGREEMENT THIS OPERATIONS AND MAINTENANCE AGREEMENT ("O&M Agreement") is made and entered into as of the IS4 h day of October, 2013 by and between Syringa Networks, LLC, an Idaho limited liability company ("Syringa Networks") and the City of Meridian, an Idaho Municipal Corporation ("City"). The signatories to this O&M Agreement shall be referred to individually as the "Party" and collectively as the "Parties". RECITALS A. Pursuant to that certain IRU Agreement of even date herewith by and between Syringa Networks and City (the "IRU Agreement'), City was granted an a indefeasible right to use the City Fibers within the Syringa Networks System Routes (as those terms are defined in the IRU Agreement); and B. City desires that Syringa Networks perform all maintenance on the City Fibers; and C. Syringa Networks is willing to perform maintenance on the City Fibers pursuant to the terms and conditions herein. NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Syringa. Networks and City agree as follows: ARTICLE I 1.01 Unless otherwise defined herein, all capitalized terms shall have the meaning given them in the IRU Agreement. ARTICLE II TERM AND TERMINATION 2.01 The term of this O&M Agreement (the "Term") shall begin on the IRU Effective Date and shall continue until twenty (20) years after the date of Acceptance (as defined in Section 5.04 below); provided, however, that this O&M Agreement shall automatically terminate in the event that either Party terminates the IRU Agreement in its entirety. In the event the IRU Agreement shall be renewed for any Renewal Term, this O&M Agreement shall automatically renew for a like renewal term. 2.02 The expiration or termination of this O&M Agreement shall not affect the rights or obligations of any Party hereto with respect to any payment hereunder for services rendered prior to the date of termination and any provisions which are expressly provided herein to survive such termination or expiration shall remain binding on the Parties hereto. ARTICLE III PAYMENT AND COSTS 3.01 On or before the first day of each month, commencing on the IRU Effective Date and continuing throughout the Term or any automatic renewal of the Term, or the earlier termination of this O&M Agreement, City shall pay to Syringa Networks, maintenance fees as set forth on Exhibit A attached hereto (the `Maintenance Fees"). 3.02 Syringa Networks shall invoice City in advance prior to the first day of each month for that month's Maintenance Fees, provided, however, the Maintenance Fees for the first partial month following the IRU Effective Date shall be invoiced promptly following the IRU Effective Date. The first month's Maintenance Fees shall be pro -rated based upon the IRU Effective Date. City shall pay such invoices prior to the first day of the month in which services are to be provided. 3.03 In the event of any Renewal Terms, the Maintenance Fees shall increase to the then current rates for such services provided by Syringa Networks effective as of the first day of each such Renewal Term. ARTICLE IV AUTHORIZATIONS 4.01 Syringa Networks agrees to use best commercial efforts to obtain, prior to the Delivery Date, and maintain, all rights, licenses, franchises, governmental regulatory approvals, authorizations, rights-of-way and other agreements necessary for the use of poles, conduit, cable, wire or other physical plant facilities, as well as any other such right, licenses, authorizations, rights-of-way, and other agreements necessary for the installation and use of City Fibers (all of which are herein collectively known as the "Rights-of-Way").Upon the request of City, Syringa Networks promptly will provide City with any reasonable evidence of such Rights -of -Way. In the event that Syringa Networks' best commercial efforts to secure and/or maintain the Rights -of -Way are unsuccessful at any point, Syringa Networks shall notify City immediately, indemnify City and, at the election of City, either (a) refund all fees paid to Syringa Networks by City under the IRU Agreement and O&M Agreement and terminate this O&M Agreement and the IRU Agreement or (b) secure and grant to City, at no additional cost to City, alternate Rights -of -Way that are mutually acceptable to both Syringa Networks and City. Syringa Networks shall be solely liable for all costs related thereto. Notwithstanding the foregoing, in the event any Rights of Way are required to be obtained from City in its capacity of a Governmental Authority and City fails to issue such Rights -of -Way, Syringa Networks shall have no obligation to indemnify City, refund fees or otherwise secure alternate Rights -of -Way for City. 4.02 City agrees to use best commercial efforts to secure, prior to the Acceptance Date, and maintain access to colocation space within the necessary Transmission Site(s) ("Colocation Space") from either (a) Syringa Networks, or (b) another qualified third party. ARTICLE V CONSTRUCTION TESTING AND ACCEPTANCE 5.01 Syringa Networks has constructed and installed or shall construct and install the City Fibers in accordance with the specifications set forth in Exhibit B and in accordance with industry standards (the "Specifications"). 5.02 Syringa Networks shall test the City Fibers in accordance with the testing procedures and standards also specified in Exhibit B ("Acceptance Testing Procedures"). Syringa Networks shall give City ten (10) days written notice prior to testing, and City may observe such testing at its own cost. 5.03 When Syringa Networks reasonably determines the City Fibers have satisfied the Acceptance Testing Procedure, Syringa Networks shall provide a written notice of completion to City ("Notice of Completion"). 5.04 City shall, within fourteen (14) days of receipt of the Notice of Completion, either accept the City Fibers by delivering a notice of acceptance to Syringa Networks ("Notice of Acceptance"), which delivery of a Notice of Acceptance constitutes "Acceptance" of the City Fibers, or reject the City Fibers by delivering a notice of rejection ("Notice of Rejection") to Syringa Networks specifying the defect or failure to meet the Specifications. In the event City delivers a Notice of Rejection to Syringa Networks, Syringa Networks shall promptly, and at no cost to City, remedy the defect or failure specified in the Notice of Rejection. Thereafter, Syringa Networks shall again give City a Notice of Completion with respect to the City Fibers. Subject to City's rights under Article XIV to terminate this O&M Agreement as provided for therein, the foregoing procedure shall apply again and successively thereafter until Syringa Networks has remedied all defects or failures specified by City. In the event City delivers three (3) Notices of Rejection for the same defect or failure and Syringa Networks fails to remedy such defect or failure, City may terminate this O&M Agreement and the IRU Agreement with respect to the affected City Fibers without liability and shall be entitled to a full refund of the portion of the IRU Fee paid with regard to the affected City Fibers. Any failure of City to timely deliver a Notice of Rejection shall be deemed to constitute Acceptance ("Deemed Acceptance") of the City Fibers for purposes of this O&M Agreement and City shall be deemed to have delivered a Notice of Acceptance on the fifteenth (15`h) day after City's receipt of the Notice of Completion. In addition, any use by City of the City Fibers for the purpose of delivering communications traffic (other than traffic which is transmitted only and solely for the purpose of testing the performance of the City Fibers) shall constitute a Deemed Acceptance. 5.05 Syringa Networks shall provide City with network maps and drawings of the City Fibers and the applicable portions of the Syringa Networks System Route ("Maps") within sixty (60) days of the City Acceptance Date and will contain the following information with respect to the City Fibers, but shall not contain information with regard to other Syringa Network fibers within the Syringa Networks System: (a) Route Description Maps: The Maps will contain a geographical depiction of the segment(s) containing the City Fibers provided in the form of electronic mapping utilizing Delorme or MapInfo software presentation. The depiction in the Maps will identify each building with interconnection to the specific fibers being provided to the City and show any fiber cross -connect at the Syringa Networks Node building and will include optical span length. (b) Fiber Drawings: The fiber level drawings of the City Fibers in the Syringa Networks System Route will provide conduit information, fiber assignment numbers around ring on each City lateral into City sites, and at the Syringa Networks Node, drawings and documents which include fiber demarcation point(s) ("FDP"),City fiber port assignments, splice points in manholes providing access to City's building, associated Syringa Networks manhole nomenclatures, Syringa Networks to City circuit ID's (to aid in identifying Segments within the fiber cable system), fiber mileage, and lateral or backbone fiber type. Syringa Networks shall also provide actual data and projection information to the City of Meridian. Defined Mileage will be fiber distances via OTDR traces between a Point of Presence ("POP") or Transmission Site and the next contiguous POP or Transmission Site. Invoices shall be as set forth in the table in Exhibit A of this O&M Agreement. Fiber type will be provided on the MapInfo or Visio block program. The Maps will identify the type of fiber (for example, Single mode, LEAF, NDSF, MetroCor, or SMF -LS) in each segment. The Maps will be provided electronically in MapInfo. Drawings will be in both block and line format. ARTICLE VI MAINTENANCE 6.01 From and after the Acceptance Date, Syringa Networks shall maintain and repair the City Fibers in accordance with the Specifications. When performing maintenance and repairs, Syringa Networks shall in all cases use commercially reasonable efforts to minimize disruption of City's business operation and treat City Fibers with at least as high a priority as Syringa Networks treats any and all other fibers; with the goal of responding on-site within two hours, goal of restoring service via temporary repair within four hours and goal of restoring service via permanent repair within 48 hours. Outage start times commence when outage is reported to Syringa Network's Network Operations Center and trouble ticket is opened in Syringa Network' service ticket system. Syringa Networks shall perform all preventive and reactive maintenance and repairs (as defined in Exhibit B) at Syringa Networks' cost as part of the recurring Maintenance Fee as set forth below. In the event that such preventive or reactive maintenance is caused by the negligence or willful misconduct of Syringa Networks or City in which case the Party causing such negligence or willful misconduct shall bear all Costs. Syringa Networks shall also be responsible for all "one -call" and cable locate services for the City Fibers and such services are included in the Maintenance Fee. 6.02 Syringa Networks shall operate and maintain one or more network operation control center(s) ("NOCC") staffed by trained and qualified personnel beginning on the IRU Effective Date. City shall promptly report the need for any unscheduled or emergency maintenance in accordance with the procedures set forth in Exhibit C using Syringa Networks' toll-free service number set forth on such Exhibit. 6.03 Syringa Networks will provide City with an escalation list that City shall use to report and seek resolution of maintenance problems and exceptions in performance standards for the City Fibers. 6.04 Syringa Networks shall have the right to subcontract any maintenance performed hereunder for City, provided that Syringa Networks shall require any subcontractor to perform in accordance with the requirements and procedures set forth in this O&M Agreement and all applicable industry standards. The use of any such subcontractor shall not relieve Syringa Networks of any of its obligations hereunder. 6.05 Subject to Force Majeure (as defined below), Syringa Networks shall provide twenty-four (24) hour, seven (7) days per week maintenance service. ARTICLE VII ACCESS 7.01 Syringa Networks shall control all activities concerning access to the Syringa Networks System, including the City Fibers on the network side of the Demarcation Point. 7.02 Any work required respecting the Syringa Networks System or the City Fibers required by City for any reason, including, without limitation, splicing of the City Fibers or the installation of hand holes or other access points along the Syringa Networks System Route, shall be undertaken only by Syringa Networks at City's request. All such work shall be performed in a timely manner consistent with industry accepted practices and, except as otherwise provided in this O&M Agreement, City shall reimburse Syringa Networks for the splicing fees and other Interconnection Fees as determined by Syringa Networks. ARTICLE VIII OPERATIONS 8.01 City shall not interfere with, or materially or adversely affect the use by any other Person of the Syringa Networks System and/or any electronic, optronic, or other equipment or related facilities used by such Person in connection therewith. If a Person under the control of City materially, adversely affects the use of the Syringa Networks System by Syringa Networks, Syringa Networks shall require that such Person cease using the Syringa Networks System until such Person can do so without causing such material, adverse effect on the Syringa Networks System. If possible, Syringa Networks shall provide City with reasonable prior notice of such event to allow for remediation by City. In the case that such notice is not possible, Syringa Networks shall provide City with prompt notice of such action and with an explanation of the necessary cure to restore service. 8.02 Syringa Networks shall not interfere with, or materially or adversely affect or permit another Person under the control of Syringa Networks to interfere with, materially or adversely affect City's use of the City Fibers and/or any optronics, electronics, electric, optronic, or other equipment or related facilities used by City in connection therewith. If a Person materially, adversely affects City's use of the City Fibers and such Person is in any way leasing, licensing or otherwise using (through an IRU or otherwise) any part of the Syringa Networks System Route, Syringa Networks shall require that such Person cease using the Syringa Networks System Route until such Person can do so without causing such material, adverse effect on City. 8.03 Notwithstanding any other provision of this O&M Agreement, in the event of any interruption of use by City of any segment of the City Fibers, which impairs City's provision of services to its customers and which is the result of a severance of, physical damage to, or degradation of the City Fibers, and which is caused by Syringa Networks, Syringa Networks sole liability and obligation shall be to provide a credit, not less that prorated O&M Fee for the outage period. The remedy provided in this Section shall be City's sole and exclusive remedy for outages or interruptions of service. The foregoing notwithstanding, City shall have no right to any credit, reimbursement or any other payment to the extent such service interruption or outage is caused in whole or in part by any act or omission of City or by City's system or any third party. Further, in the event City is in breach of this O&M Agreement, Syringa Networks may withhold any credit until such time as City has cured the breach in full. 8.04 City acknowledges and agrees that Syringa Networks is not supplying nor is Syringa Networks obligated to supply to City any optronics or electronics or optical or electrical equipment, any related facilities, or any space for the placement thereof (except as agreed in any other agreement executed by the Parties), all of which are the sole responsibility of City. ARTICLE IX RELOCATION, REPLACEMENT AND CONDEMNATION OF CITY FIBERS 9.01 If, as a result of any request, intent or plan by any third party including but not limited to any Governmental Authority, Syringa Networks is required to relocate any segment of the Syringa Networks System Route affecting the City Fibers, Syringa Networks shall provide City sixty (60) days (or as much notice as Syringa Networks receives if such notice is less than sixty (60) days prior written notice of any such relocation, and Syringa Networks shall relocate the City Fibers. To the extent Syringa Networks is not reimbursed for the costs of such relocation by a third party or Governmental Authority, City shall pay its pro -rata share of the Costs associated with the relocation of the City Fibers, based on the ratio of the City Fibers to the total number of fibers in the Syringa Networks System Route being relocated, or at City's election, City may terminate this O&M Agreement and the IRU Agreement. 9.02 In the event all or any part of the City Fibers shall require replacement during the Term of this O&M Agreement, such replacement shall be made as soon as reasonably practicable at Syringa Networks' sole cost and expense; except, however, if the replacement of the City Fibers is required as a result of the negligence or intentional misconduct of City, Syringa Networks shall replace the City Fibers and City shall pay all Costs associated therewith. 9.03 In the event any portion of the Syringa Networks System Route, City Fibers, and/or the Rights - of -Way in or upon which they shall have been installed, become the subject of a condemnation proceeding which is not dismissed within one hundred eighty (180) days of the date of filing of such proceeding and which could reasonably be expected to result in a taking by any Governmental Authority or other party cloaked with the power of eminent domain for public purpose or use, both Parties shall be entitled, to the extent permitted under applicable law, to participate in any condemnation proceedings to seek to obtain compensation by separate awards for the economic value of their respective interests in the portion of the Syringa Networks System and/or City Fibers subject to such condemnation. Syringa Networks shall notify City as soon as practicable of receipt of any notice of any condemnation proceeding filed against the Syringa Networks System, City Fibers or Rights -of -Way in or upon which the Syringa Networks System or City Fibers have been installed. Syringa Networks agrees not to sell the City Fibers and or the Rights -of -Way to such acquiring agency or Governmental Authority or other party in lieu of condemnation without thirty (30) business days prior written notice to City. ARTICLE X TAXES 10.01 City shall be responsible for, and shall timely pay, any and all Taxes imposed with respect to this O&M Agreement upon City. Syringa Networks shall be responsible for, and shall timely pay, any and all Taxes imposed with respect to this O&M Agreement upon Syringa Networks. 10.02 If at any time any Tax is imposed on, assessed against or borne by either City or Syringa Networks with respect to this O&M Agreement, the City or Syringa Networks as the case may be, shall have the right to protest, by appropriate proceedings, the imposition or assessment of any such Tax. In such event, City or Syringa Networks as the case may be, shall be responsible for such payments and shall indemnify and hold the other Party harmless from and against any liability, expense, legal action or cost, including reasonable attorney's fees, resulting from the exercise of its rights under this Section. In the event of any refund, rebate, reduction, or abatement of any such Tax, the Party who was responsible for paying such Tax shall be entitled to receive the entire benefit of such refund, reduction or abatement. ARTICLE XI INDEMNIFICATION 11.01 Syringa Networks hereby agrees to indemnify, defend, protect and hold harmless City and its employees, officers and directors, from and against, and assumes liability for: (i) any injury, loss or damage to any Person, tangible property or facilities of any Person (including reasonable attorneys' fees and costs) to the extent arising out of or resulting from the negligence or willful misconduct of Syringa Networks, its officers, employees, servants, Affiliates, agents, contractors, licensees, invitees and vendors in connection with the performance by Syringa Networks of its obligations or the exercise by Syringa Networks of its rights under this O&M Agreement; and (ii) any claims, liabilities or damages arising out of any violation by Syringa Networks of any regulation, rule, statute or court order of any Governmental Authority in connection with the performance by Syringa Networks of its obligations or the exercise by Syringa Networks of its rights under this O&M Agreement. 11.02 City hereby agrees to indemnify, defend, protect and hold harmless Syringa Networks, and its employees, members, officers and directors, from and against, and assumes liability for: (i) any injury, loss or damage to any Person, tangible property or facilities of any Person (including reasonable attorneys' fees and costs) to the extent arising out of or resulting from the negligence or willful misconduct of City, its officers, employees, servants, Affiliates, agents, contractors, licensees, invitees and vendors in connection with the performance by City of its obligations or the exercise by City of its rights under this O&M Agreement; and (ii) any claims, liabilities or damages arising out of any violation by City of any regulation, rule, statute or court order of any Governmental Authority in connection with the performance by City of its obligations or the exercise by City of its rights under this O&M Agreement. 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 this agreement. 11.03 Syringa Networks and City agree to promptly provide each other with notice of any claim that may result in an indemnification obligation hereunder. The indemnifying Party may defend such claim with counsel of its own choosing provided that no settlement or compromise of any such claim shall occur without the consent of the indemnified Party, which consent shall not be unreasonably withheld or delayed. 11.04 The indemnification obligations contained in this Article shall survive the expiration or termination of this O&M Agreement. ARTICLE XII LIMITATION OF LIABILITY 12.01 IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING BY WAY OF ILLUSTRATION, LOST REVENUES AND LOST PROFITS SUFFERED BY THE OTHER PARTY) ARISING OUT OF THIS O&M AGREEMENT OR ANY OBLIGATION ARISING THEREUNDER, WHETHER IN AN ACTION FOR OR ARISING OUT OF BREACH OF CONTRACT, TORT OR OTHERWISE. EXCEPT AS SPECIFICALLY SET FORTH IN THIS O&M AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY TO THE OTHER PARTY OR ANY OTHER PERSON OR ENTITY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, AND ALL SUCH WARRANTIES AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR A PARTICULAR PURPOSE OF THE FIBERS OR ANY SERVICE PROVIDED HEREUNDER ARE HEREBY EXCLUDED AND DISCLAIMED. ARTICLE XIII INSURANCE 13.01 During the term of this O&M Agreement and the IRU Agreement, each Party shall obtain and maintain the following insurance: (i) Commercial General Liability or Excess Liability including coverage for (a) premises/operations, (b) independent contractors, (c) products/completed operations, (d) personal and advertising injury, (e) contractual liability, and (f) explosion, collapse and underground hazards, with combined single limit of not less than $2,000,000.00 each occurrence or its equivalent; (ii) Worker's Compensation in amounts required by applicable law and Employer's Liability with a limit of at least $1,000,000.00 each accident; and (iii) Automobile Liability including coverage for owned/leased, non -owned or hired automobiles with combined single limit of not less than $1,000,000.00 each accident. 13.02 During the term of this O&M Agreement and the IRU Agreement, City shall obtain and maintain "all risk" property insurance in an amount equal to the replacement cost of all electronic, optronic and other equipment utilized by City in connection with the City Fibers. 13.03 Unless otherwise agreed, all insurance policies shall be obtained and maintained with well - reputed companies and each Party shall, upon request, provide the other Party with an insurance certificate confirming compliance with the requirements of this Article. 13.04 City and Syringa Networks shall each obtain from the insurance companies providing the coverage required by this O&M Agreement, the permission of such insurers to allow such Party to waive all rights of subrogation and such Party does hereby waive all rights of said insurance companies to subrogation against the other Party, its affiliates, subsidiaries, assignees, officers, directors and employees. 13.05 In the event either Party fails to maintain the required insurance coverage and a claim is made or suffered, such Party shall indemnify and hold harmless the other Party from any and all claims for which the required insurance would have provided coverage. ARTICLE XIV DEFAULT AND TERMINATION 14.01 If City fails to observe and perform the terms and provisions of this O&M Agreement and such failure continues for a period of thirty (30) days after written notice from Syringa Networks (or if such failure is not susceptible of a cure within such thirty (30) day period, cure has not been commenced and diligently pursued thereafter to completion), then Syringa Networks may (A) terminate this O&M Agreement in whole or in part, in which event Syringa Networks shall have no further duties or obligations hereunder, and (B) pursue any legal remedies it may have under applicable law or principles of equity relating to such default, including an action for damages, specific performance and/or injunctive relief. 14.02 If Syringa Networks fails to observe and perform the terms and provisions of this O&M Agreement and such failure continues for a period of thirty (30) days after written notice from City (or if such failure is not susceptible of a cure within such thirty (30) day period, cure has not been commenced and diligently pursued thereafter to completion), then City may (A) terminate this O&M Agreement in whole or in part, in which event City shall have no further duties or obligations hereunder, and (B) pursue any legal remedies it may have under applicable law or principles of equity relating to such default, including an action for damages, specific performance and/or injunctive relief. ARTICLE XV FORCE MAJEURE 15.01 Neither Party shall be liable for any delay or failure in performance of any part of this O&M Agreement to the extent such delay or failure is caused by an event of force majeure, including but not limited to, fire, flood explosion, accident, war, strike, embargo, governmental requirement, inability to obtain governmental authorizations or permits, civil or military authority, act of God, inability to secure necessary materials, labor or transportation, acts or omissions of a common carrier, warehouseman, act of terrorism or other third party or any other cause beyond a Party's reasonable control. Any such delay or failure shall suspend the Agreement until the Force Majeure condition ceases and the term shall be extended by the length of the suspension, provided, however, that if Syringa Networks cannot perform required maintenance as a result of a Force Majeure condition that does not affect City, City may perform said maintenance at Syringa Networks' cost and expense until such time as the Force Majeure condition subsides. ARTICLE XVI REPRESENTATIONS AND WARRANTIES 16.01 Each Party represents and warrants that: (i) it has the full right and authority to enter into, execute and deliver this O&M Agreement; (ii) it has taken all requisite corporate action to approve the execution, delivery and performance of this O&M Agreement; (iii) this O&M Agreement constitutes a legal, valid and binding obligation enforceable against such Party in accordance with its terms, subject to bankruptcy, insolvency, creditors' rights and general equitable principles; and (iv) its execution of and performance under this O&M Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any local, state or federal government agency, court or body. 16.02 City acknowledges and agrees that City's sole rights and remedies with respect to any defect in or failure of the City Fibers to perform in accordance with the specifications set forth in Exhibit `B" of the IRU Agreement, shall be limited to the particular vendor's or manufacturer's warranty, as long as such defect of failure is not caused by a breach of Syringa Networks' maintenance and other obligations under this O&M Agreement and the IRU Agreement or by Syringa Networks' negligence or misconduct. In the event any maintenance or repairs to the Syringa Networks System are required as a result of a breach of any warranty made by any manufacturers, contractors or vendors, Syringa Networks shall pursue all remedies against such manufacturers, contractors or vendors on behalf of City, and Syringa Networks shall reimburse City's costs for any maintenance City has incurred as a result of any such breach of warranty to the extent the manufacturer, contractor or vendor pays such costs. ARTICLE XVII CONFIDENTIALITY 17.01 Except as required by applicable Public Records Disclosure law(s), each Party agrees to maintain in strict confidence all plans, pricing, designs, drawings, trade secrets, and other proprietary information of the other Party that is disclosed pursuant to this O&M Agreement for the Term of this O&M Agreement. No obligation of confidentiality shall apply pursuant to disclosed information which the recipient (a) already possessed without obligation of confidentiality; (b) develops independently; or (c) rightfully receives without obligation or confidentiality from a third Party. Notwithstanding the foregoing, if the Parties have entered into a Confidentiality or Non -Disclosure Agreement the terms and conditions of that agreement shall govern and control. ARTICLE XVIII NOTICES 18.01 Notices: All notices or other communications which are required or permitted herein shall be in writing and sufficient if delivered personally, sent by prepaid overnight air courier, or sent by registered or certified mail, postage prepaid, return receipt requested, addressed as follows: If to City: Jaycee Holman Information Services Director City Clerk City of Meridian 33 E Broadway Avenue Meridian, ID 83642 If to Syrinim Networks: Syringa Networks, LLC 12301 W. Explorer Drive Boise, Idaho 83713 with a copy to: Dave Tiede Infrastructure Support Manager City of Meridian 33 E Broadway Avenue Meridian, ID 83642 with a copy to: Cynthia A. Melillo PLLC 8385 W. Emerald Street Boise, Idaho 83704 Or such other address as the Party to whom notice is to be given may have furnished to the other Party in writing in accordance herewith. Any such communication shall be deemed to have been given when delivered if delivered personally, on the business day after dispatch if sent by overnight air courier or on the third business day after posting if sent by mail. ARTICLE XIX ASSIGNMENT 19.01 Neither Party may assign this O&M Agreement without the written consent of the other Party (which consent shall not be unreasonably withheld or unduly delayed), except that a Party may assign its rights and obligations hereunder by providing thirty (30) days prior written notice to the other Party to: (i) any subsidiary, parent company, Idaho governmental agency, or affiliate; (ii) pursuant to any sale or transfer of all or substantially all the business; or (iii) pursuant to any financing, merger, or reorganization. Any proposed assignee of City must at a minimum meet all Syringa Networks credit standards then in place and City shall be and remain liable for the performance of its obligations under this O&M Agreement. 19.02 Subject to the provisions of this Article, this O&M Agreement and each of the Parties' respective rights and obligations hereunder, shall be binding upon and shall inure to the benefit of the Parties hereto and each of their respective permitted successors and assigns. 10 19.03 Any and all increased payments for Authorizations, fees, charges, costs or expenses which result under the Authorizations or otherwise as a result if any permitted assignment or transfer of this O&M Agreement by a Party shall be paid by such Party. ARTICLE XX ENTIRE AGREEMENT AND AMENDMENT 20.01 This O&M Agreement, the IRU Agreement and any Exhibits attached hereto or to be attached hereto, constitute the entire agreement between the Parties hereto with respect to the subject matter hereof and supersede any and all prior negotiations, understandings, and agreements with respect hereto, whether oral or written. This O&M Agreement may be amended or modified only by written instrument duly executed by each of the Parties. ARTICLE XXI MISCELLANEOUS 21.01 The recitals in the IRU Agreement and this O&M Agreement are incorporated into this O&M Agreement by this reference. The headings of the Articles in this O&M Agreement are strictly for convenience and shall not in any way be construed as amplifying or limiting any of the terms, provisions, or conditions of this O&M Agreement. 21.02 In the event that any term or provision of this O&M Agreement is declared to be illegal, invalid or unconstitutional, then that provision shall be deemed to be deleted from this O&M Agreement and have no force or effect and this O&M Agreement shall thereafter continue in full force and effect, as modified. 21.03 No failure to exercise and no delay in exercising, on the part of either Party hereto, any right, power, or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. 21.04 This O&M Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. This O&M Agreement is the joint work product of both Parties and, in the event of ambiguity no presumption shall be imposed against any Party by reason of document preparation. 21.05 This O&M Agreement shall be governed by the laws of the State of Idaho without regard to its choice of law provisions. In any action between the Parties to enforce any material provision of this O&M Agreement, the prevailing Party shall be entitled to recover its reasonable legal fees and court costs (including reasonable attorney's fees, expert witness fees, and costs and expenses of investigation and litigation) from the non -prevailing Party in addition to whatever other relief a court may award. 11 IN WITNESS WHEREOF,Syringa Networks and City have executed this O&M Agreement as of the date first above written. Syringa Networks, LLC By: ,._.__ h- f� l % - ------ Name: Greg Low Its: Chief Executive Officer City: By: Name: Its: 12 EXHIBIT A MAINTENANCE FEES A.1 Maintenance Fees Unless otherwise stated below, City agrees to pay, as compensation for the Maintenance services provided by Syringa Networks, the maintenance fees set forth below. In addition, as part of the compensation for the Maintenance services to be provided by Syringa Networks, City, agrees to waive any and all present or future franchise fees, right-of-way fees, or other taxes and assessments that City of Meridian would charge against Syringa Networks for Syringa Networks occupancy of any City -owned public right of way. Right of way, taxes and other fees charged by other governmental entities are not waived or included in this agreement. SEGMENT / LATERAL SEGMENT MAINTENANCE FEE 1 $1,150 per month Totals $1,150 MRC B.1 Payment Schedule (if City elects to pay all maintenance fees in advance): [ ] Check if maintenance fees are to paid in lump sum upon execution of O&M Agreement. 13 EXHIBIT B SPECIFICATIONS AND ACCEPTANCE TESTING AND MAINTENANCE PROCEDURES A. CABLE SPECIFICATIONS Manufacturers: Various — All manufacturers will meet industry standards (Corning and CommScope preferred). Fiber type: Single Mode ITU -T G.652 (SMF -28 or equivalent) Matched Clad or Depressed Clad Glass Type: 8/125 microns nominal Buffer: Loose Buffer Tube Single Fibers or Loose Buffer Tube Ribbon Fibers Dry Block Operating Wavelength: 1310/1550nm Max Attenuation: 0.35/0.25 dB/km B. TESTING PROCEDURES 1. FIBER CABLE REEL ACCEPTANCE TESTING Syringa Networks shall be responsible for on -reel verification prior to placement. Syringa Networks may elect to test each fiber on every reel with an OTDR in one direction at 1550nm to determine the continuity of the fiber cable. 2. BONDING AND GROUNDING Syringa Networks shall perform bonding and grounding of all cables requiring it. All bonding and grounding shall be performed in accordance with the splice case manufacturer's standard practice and installation manuals. All bonds shall be clean and free of debris and sealed within the splice closure. Grounding and ground rod placement is to be done as per design. Syringa Networks is to be responsible for supplying all grounding material such as ground rods, ground lugs, and ground wire. 3. INITIAL CONSTRUCTION TESTING During initial construction, Syringa Networks shall use an optical time domain reflectometer (OTDR) or LID System (Light Injection/Detection) to test splices and pigtail connectors. Such initial construction tests shall be uni- directional and performed at 1550nm. No fusion splice will be accepted with over 0.3 dB of attenuation. Recommended fusion splice attenuation is 0.1 dB or less. 4. SPLICING AND TERMINATIONS Fibers shall be spliced with one to one correspondence. All splicing shall be done in accordance with Syringa Networks specifications and manufacturer's recommendations. All fibers are to be fusion spliced and organized, placed and secured in the splice closure equipment provided by Syringa Networks. 14 END-TO-END TESTING After tester has provided end-to-end connectivity on the fibers, continuity tests will be done to verify that no fibers have been transposed or crossed in any of the splice points. Bi-directional loss measurements will be recorded using a laser source and a power meter at 1310nm and 1550nm. OTDR traces will be taken bi-directional at 1310nm and 1550nm and splice loss measurements will be recorded. Syringa Networks will save each OTDR trace and power meter measurement spread sheets to diskette and provide to City for evaluation in either electronic or hard copy. Bi-directional Polarization Mode Dispersion (PMD) and Chromatic Dispersion (CD) measurements will be recorded at 1310nm and 1550nm. The test results for the bi-directional OTDR testing are as follows: 5.1 The objective for each splice is a loss of not more than 0.10 dB utilizing Exfo OTDR or similar reporting software. If Syringa Networks cannot meet or better the 0.10 dB loss value, then the splice will be marked as Out of Spec (OOS) on the data sheet. All cable information will be filled in by splicer and verified by a Syringa Networks representative. These two forms are to contain the following information: 5.2 The End -to -End Attenuation Loss Power Meter Test Form will be used to verify continuity from end to end. In addition, the power level readings taken with a laser source and power meter must be recorded for every fiber on this sheet. In the column marked fiber, the fiber color must be recorded. In the buffer column, the buffer tube or ribbon color must be recorded. Syringa Networks will attempt to meet a maximum loss of not more than 0.25 db/km at 1550 nm and 0.35 db/km at 1310 nm. OTDR testing to be conducted at 1310 nm and 1550 nm unless specified. All fibers inclusive to any span will be OTDR tested using the same range/resolution and pulse width settings to insure consistency in the test results. Use of 3:00 minute averaging, a minimum for each span. NOTE: If Syringa Networks determines that a 3:00 minute sample period is too long and Syringa Networks can obtain a "good" trace representation of the fiber being tested then a reduced sampling period will be applied. Traces will be stored electronically and will be supplied to City electronically. Syringa Networks shall provide City with electronic copies of all final OTDR end-to-end traces on the City Fibers within 30 days of completed construction. 5. POST CONSTRUCTION TESTING Other than for the emergency repair of a cable cut, and after performing permanent re -splicing, replacement of a segment of cable, or other work after initial installation and splicing of the cable, the test procedures and provisions set forth in the End -to -End Testing, OTDR Equipment and Settings, and the Acceptance Test Deliverables sections of this O&M Agreement that are relevant to such testing shall apply to the relevant fiber and cable segments. In conjunction with the emergency repair of a cable cut, and while Syringa Network's restoration personnel are at the repair site, City may request Syringa Networks to conduct relevant fiber testing as set forth in the End -to -End Testing, OTDR Equipment and Settings, and the Acceptance Test Deliverables sections of this O&M Agreement. Syringa Networks may, after completing construction of its System and after Acceptance of the City Fibers by City, adopt any alternative methods of testing that are generally accepted in the industry and that provide sufficient data to fulfill the objectives of the tests set forth in this exhibit; provided such alternative methods of testing are approved by City, in its reasonable discretion. 15 6. OTDR EQUIPMENT AND SETTINGS Syringa Networks shall use OTDR equipment and settings that are, in its reasonable opinion, suitable for performing accurate measurements of the fiber installed. Such equipment and settings shall include, without limitation, the equipment and settings described below. Syringa Networks currently uses and has approved the following OTDR for acceptance testing: Exfo Model FTB300. C. DARK FIBER MAINTENANCE AND REPAIR PROCEDURES Syringa Networks performs preventive maintenance on dark fiber in accordance with current industry practices. City may be present during the performance of any preventive or reactive maintenance at its own expense. In the event that preventive maintenance is canceled or delayed, Syringa Networks will notify City at the earliest opportunity to reschedule the activity. Preventive maintenance expected to produce any signal discontinuity must be coordinated between the Parties at least seven (7) business days prior to the event. Generally, this work is scheduled after midnight and before 6:00 a.m. local time. Syringa Networks may subcontract any of the maintenance services and require the subcontractor to perform in accordance with the Syringa Networks requirements and procedures. The use of any such subcontractor does not relieve Syringa Networks of any of its obligations to City described in this procedure. Preventive Maintenance Preventive maintenance is defined as the routine maintenance and repair of dark fiber. Syringa Networks performs routine maintenance, repair checks and services, including preventative inspections, as determined necessary by Syringa Networks to maintain dark fibers within the agreed upon specifications. Normal preventive maintenance activities performed by Syringa Networks include: • Patrol and monitoring of the Syringa Networks backbone on a regularly scheduled basis • Regular testing to establish thresholds for quality assurance on the Syringa Networks backbone • Establishment and operation of a "Call -Before -You -Dig" program • Perform all required cable locates and record-keeping on the Syringa Networks backbone Reactive Maintenance Reactive maintenance is any non -routine maintenance and repair of dark fiber not identified as preventive maintenance, including repairs required as a result of cable cuts or natural or man-made disasters. Reactive maintenance is generally divided into two categories as outlined below: Emergency reactive maintenance is repair activity performed in response to any of the following: • Alarm identification by Syringa Networks's NOCC • Notification by City or notification by third party of any failure • Interruption or impairment of dark fiber • Any event likely to cause the failure, interruption or impairment of dark fiber Demand maintenance is repair activity performed in response to any potential integrity -affecting situation so as to prevent any failure, interruption or impairment of dark fiber. City will report any failure, interruption or impairment in operation of the City Fibers to Syringa Networks and Syringa Networks will use best efforts to correct such failure, interruption or impairment as soon as commercially practicable. In the event Syringa Networks fails to commence reactive maintenance within four (4) hours of notification by City that such maintenance is required, City will have the right to perform the maintenance at Syringa Networks' sole cost and expense. Upon request by City and within fourteen (14) days of any outage, Syringa Networks will provide a post mortem report detailing the cause of the outage and the actions taken. 16 EXHIBIT C EMERGENCY PROCEDURES AND ESCALATION LIST TROUBLE REPORTING ESCALATIONS: City Any escalation should be directed to the following personnel: Outage Reporting or any General Issue Name: Information Services Director City Clerk City of Meridian 33 E Broadway Avenue Meridian, ID 83642 Phone: Fax: This contact list is to be updated periodically to ensure that the contacts are current. 17 Trouble Reporting / Status / Procedure: TO REPORT A SERVICE INTERRUPTION OR SERVICE -RELATED ISSUE: CONTACT: 24 -Hour Network Surveillance Center (800) 454-7214 customerservice@syringanetworks.net Please provide: CID (Circuit ID) Provide your CID and details regarding the trouble/service Interruption. A CSR (Customer Service Representative) will provide you with a Trouble Ticket number. CONTACT: CSR Please provide: Trouble Ticket Number TO ESCALATE A SERVICE INTERRUPTION / ISSUE: (800) 454-7214 customerservice@syringanetworks.net LEVEL 0: CONTACT: Network Surveillance Center (800) 454-7214 After initial contact if you do not receive an update within 60 Minutes, escalate to Level 1. LEVEL 1: CONTACT. On Duty Manager (208) 229-6101 If you do not receive an update within 30 Minutes, escalate to Level 2. LEVEL 2: CONTACT: Vice President, Operations - Rick McKinney (208) 891-4077 If you do not receive an update within 30 Minutes, escalate to Level 3/CEO. LEVEL L CONTACT. CEO -Greg Lowe (208) 473-1661 Our Network, Your Success. City of Meridian Dark Fiber Route Description and Project Scope Route Descriptions: One project, three major fiber optic build segments, 13 City sites total. Section 1. City Center — 6 sites. Section 2. Eagle Road — 3 sites. Section 3. Ten Mile Road — 4 sites. Four strand single -mode fiber build to each location configured in a collapsed ring physical topology where each site is connected to an upstream and a downstream site via two of four fiber strands. See Schedule 1 — ("Project Scope") drawing for collapsed ring diagram and site logical relationships. Syringa Networks shall install underground high-density polyethylene conduit and fiber optic cable according to Schedule 1. The total route distance is approximately 22 miles, (new build and Syringa core fiber). Syringa Networks shall use all commercially reasonable efforts to place the Cable along the Routes set forth in Schedule 2 - ("Dark Fiber Route Map") or such Routes that will include all of the locations specified in Schedule 2 or such alternative locations as may be mutually agreed upon by the parties. Syringa Networks shall provide any resulting Schedule 1 changes to City of Meridian as a replacement document to Schedule 2. Estimated project completion timeframe: Estimate 7 months from execution of contract. Please see Schedule 3 — ("Implementation Plan"). Estimate construction completion 5 months post final plans, completion of cable/utility locates, permitting and related pre -construction activities. Syringa Networks intends to construct multiple fiber optic cable runs concurrently during construction phase of this project. Timeframes may be delayed by materials availability, weather, permitting and other factors within and beyond the control of Syringa Networks and/or the City of Meridian. As build drawings and documentation to be complete 30 days post construction activities. City acceptance scheduled for 30 days post as -built drawings and documentation. All timeframes are estimates and are not guaranteed. Building Access: City of Meridian shall provide building entrance conduit route at each site from public right of way to designated telecom or data center room at each site for Syringa Network's on-site fiber build activities, unless otherwise noted below. Demarcation will consist of a IRU or 2 RU fiber distribution panel (FDP) located in telecom room or data center as noted and install inside City owned and provided 19" equipment rack or cabinet. Extension of demarcation point beyond site telecom room may require additional fees. Syringa Network's Scope of Work: A. City Center Section • Sites: 1401 E. Watertower, 1700 Lanark, 540 E Franklin, 33 E. Broadway, 2235 NW 8`" and 254 E. Watertower, Meridian, ID. • Estimated construction working days for this section, 92 days. • HDPE SDRI 1 conduit around Meridian City Center Fiber Ring, approximately 28,000'. • Single mode, single armored, single jacket fiber through approximately 28,000' of conduit. Polyethylene outer jacket. Gel free with water blocking filling. - Fiber Count: Vary strand count loose tube. Maximum attenuations (db/Km): 0.35/0.25 (at 1310/1550nm) (low or no water peak). Complies with RUS standards list. B. Eagle Road Section • Sites: 1939 N. Venture Street, 3545 N. Locust Grove and 2515 S. Eagle Road, Meridian, ID. • Estimated construction working days for this section, 30 days. • HDPE SDR11 conduit around the Farmington tower ring, approximately 15,000'. • Single mode, single armored, single jacket fiber through 15,000' conduit. - Polyethylene outer jacket. - Gel free with water blocking filling. - Fiber Count: Vary strand count loose tube. - Maximum attenuations (db/Km): 0.35/0.25 (at 1310/1550nm) (low or no water peak). - Complies with RUS standards list. C. Ten Mile Road Section • Sites: 2401 N. Ten Mile, 3401 N. Ten Mile, 6001 N. Linder and 1435 West Overland Road, Meridian, ID. • Estimated construction working days for this section, 50 days. • HDPE SDR11 conduit around the Airport tower ring, approximately 33,000'. • Single mode, single armored, single jacket fiber through 33,000' conduit. - Polyethylene outer jacket. - Gel free with water blocking filling. - Fiber Count: Various strand count loose tube. - Maximum attenuations (db/Km): 0.35/0.25 (at 1310/1550nm) (low or no water peak). - Complies with RUS standards list. Demarcation Points, Fiber Relationships: Dark fiber build will include a fiber distribution panel (FDP) at each site. The FDP will provide termination for lateral fiber build and act as customer demarcation point at each City site. FDPs shall require 1 or 2U high rack mount space installed inside City provided 19" equipment rack or cabinet. FDPs will terminate lateral fiber utilizing SC connectors. City is responsible for fiber jumpers, cables and cable management beyond FDPs and to City switching equipment. FDPs are non -powered, OSI layer one devices only. Demarcation point and site -to -site fiber strand relationships described in the following table. SYRINGA NETWORKS CITY OF MERIDIAN DARK FIBER IMPLEMENTATION PLAN City of Meridian Dark Fiber Deployment Plan *Notes* Plan assumes two or more installation crews actively working builds at the same time. City desired deployment order. Actual may vary. Construction activity estimated time frame 5 months. Crew #1 Crew #2 Priority Site/Lateral Site/Lateral 1st Water Dept to City Hall 184 Syringa core to Fire Station 2 Establish temporary site -to -site connection 2nd City Hall to Syringa 184 core Fire Station 2 to Wast Water lateral Temporary connection City Center segment with Ten Mile Segment (City Hall/Water Dept/Waste Water) 3rd Watertower lateral Fire Station 5 lateral 4th Fire Station 1 lateral Fire Station 4 lateral 5th Meridian Police Dept. Lateral Kleiner Park Maint. Shed lateral 6th Parks & Rec lateral Fire Station 3 lateral 7th Fire Station 6 lateral (station to be built, lateral vault slack for future FDP install) 8th Establish permanent 4 strand collapsed ring for testing and overall project acceptance. Syringa Networks shall complete Fire Station 6 lateral within 30 days of notification by City that the site is ready for completion. This delay will not impact City's acceptance or payment for the overall project. Kleiner Park, Maintenance Shop Four Rack mount FDP inside building's 1st floor Building, 1939 N. Venture (2 up, 2 Fire Station 3 Water Tower telco closet. Utilize existing conduit Street. downstream) supporting copper telco services. Fire Station 6, 1435 West Fire station will not be constructed at time of Overland Road this fiber build. Fiber build will consist of lateral fiber to property with adequate slack to reach planned telco closet (200'). Until such time as rack mount FDP can be installed inside new building, fiber strands will be physically Four spliced to provide collapsed ring topology and (2 up, 2 Waste Water Fire Station 4 stored with cable slack inside fiber vault on downstream) property. Overall project acceptance is not dependent on final FDP installation at this site. Syringa Networks shall complete this site installation as soon as reasonably possible, post fire station construction, and within 60 days of notification that fire station construction is complete. Water Tower, 254 E. Four Rack mount FDP inside tower's 1st floor telco Watertower Street. (2 up, 2 Kleiner Park Water Dept. closet. Utilize existing conduit supporting downstream) copper telco services. Fire Station 3, 3545 N Locust Four Rack mount FDP, inside building's 2" floor Grove Road. (2 up, 2 Fire Station 4 Kleiner Park telco closet. Utilize existing conduit downstream) supporting copper telco services. Meridian Police Dept., 1401 E. Rack mount FDP inside building's 1st floor Watertower Street. telco closet, utilizing existing conduit Four supporting copper telco services for main (2 up, 2 Parks & Rec. Fire Station 2 building basement access. Syringa Networks downstream) to provide 100 of additional lateral armored cable slack at this site and shall be coiled and mounted to existing backboard or City provided cable tray as necessary. Fire Station 4, 2515 S. Eagle Four Rack mount FDP, inside building's 2 nd floor Road. (2 up, 2 Fire Station 6 Fire Station 3 telco closet. Utilize existing conduit downstream) supporting copper telco services. Fire Station 1, 540 E. Franklin Four Rack mount FDP, inside building's 2 nd floor Road. (2 up, 2 City Hall Parks & Rec. telco closet. Utilize existing conduit downstream) supporting copper telco services. Fire Station 2, 2401 N 10 Mile Four Meridian Police Rack mount FDP, inside building's 2nd floor Road. (2 up, 2 Dept. Fire Station 5 telco closet. downstream) Parks & Recreation, 1700 Four Meridian Police Rack mount FDP inside building's 1st floor Lanark Street. (2 up, 2 Fire Station 1 Dept. telco closet. Utilize existing conduit downstream) supporting copper telco services. City Hall, 33 E. Broadway Four Main demarcation FDP to be installed in Avenue. (2 up, 2 Water Dept. Fire Station 1 basement utilizing existing conduit supporting downstream) copper telco services to access building. Demarcation shall be extended to 3rd floor data center via City provided cable path between floors. Syringa Networks will utilize unarmored cable for demarcation extension and deploy 2nd FDP in City provided 19" rack within 3rd floor data center. Water Dept., 2235 NW. 8 Four Rack mount FDP inside building's 1' floor Street. (2 up, 2 Water Tower City Hall telco closet. Utilize existing conduit downstream) supporting copper telco services. Waste Water, 3401 N. 10 Mile Syringa Networks to provide and install Road conduit to meet City's conduit approximately 975' from Ten Mile Road near storage tanks on south side of Waste Water facility. Syringa Networks will utilize City conduit from conduit meet point vault to west side of site admin building for access to building telecom 4 Four closet. City plans to build new admin building (2 up, 2 Fire Station 5 Fire Station 6 at this site. Current admin building is deeper downstream) into the property than planned new building. Re-route of fiber cable facility to future building is intended City plans to eventually pull-back lateral fiber to on-site vault and relocate demarcation FDP to new admin building. This relocation activity shall be performed by Syringa Networks at additional costs and is not part of this initial dark fiber project. Fire Station 5, 6001 N. Linder Four Rack mount FDP, inside building's 2° floor Road. (2 up, 2 Fire Station 2 Waste Water telco closet. Utilize existing conduit downstream) supporting copper telco services. 4.6K 8 Fire Station 5 WWr3401 9 S.SKm 6001 N. finder N Ten Mile Fire Station 7 2402 N Ten M e � City of Meridian Syringa Networks Dark Fiber Project Scope Drawing 4.— = New Lateral Fiber Builds 4 Strands at every site 2 Strand Ring Design. 4 Strand Max Utilization H = Existing Syringe Fiber Network ^- =2 Strand Ring Segments, Estimated 2 Strand lenghts 7.4Km Not to Scale Fire Station 3 3545 N Locust Grove 0- 12 Water Dept MK Park 2235 NW 8' 2 13 M iintenance Sh Building 1939 N. 2.71(m enture St Hall 33 E 7.SKm 3 Broadway 1.41(m 4.2Km vidian 1.SKm N Ea ad Fire Stat n- Roa 40 E F klin Parks & Rec 4 1.21(m 100 Lanark S 6.,/— 1 MPD 1401 E Water Tower 25 Watertort. wer E Watertower SKm Syringe 184 Core Fiber y30I ill Fire Station 6 Fire Station 4 1435 West Overland Road 2515 S Eagle S�l� PROTECT DESCRIPTION DRAWN BY REVISED VERSION PAGE City of Meridian Dark Fiber 2 Strand Collapsed Ring, 4 Strand IRU per Site David Posey 10/10/13 2.0 1 Actual may Planned Fiber Strand Count vary. Build Section Build Segment/Laterals Strand Count Stratford at ISP north to Watertower, west to S. Main City Center Build Meridian Rd, north to Pine. 72 Pint at Meridian Rd., west to 8th St, north to Cherry Lane 72 Lateral north on 8th St. to Water Dept. 2235 NW 8th St. 48 Lateral off Meridian Rd. into City Hall, 33 E. Broadway Ave. 48 Lateral off Watertower and Stratford, north to Franklin to 254 E. Watertower St. 48 Lateral off Watertower to Police Dept. 1401 Watertower St. 48 Lateral off Watertower north to Parks & Rec., 1700 Lanark St. 48 Main Ten Mile Build 184 and Ten Mile Rd. north to Mc Millen 144 Ten Mile at Mc Millen, east to Linder, north on Linder. 144 Lateral off Linder to Fire Station 5 6001 N. Linder Rd. 48 Lateral into West Water off Ten Mile Rd, 3401 N. Ten Mile Rd 48 Lateral into Fire Station 2 2401 N. Ten Mile Rd. 48 184 south to Overland at S. Linder Rd. 144 Lateral into Fire Station 6 (to be built) 1435 W. Overland Rd. 48 Eagle Road Build 184 south on S. Eagle Rd. to Goldstone Dr. 144 Goldstone and S. Eagle south near Fire Station 4 144 Lateral into Fire Station 4 2515 S. Eagle Rd. 48 Core hand hole between N. Eagle Rd. and N. Records Way east to N. Records & Elden Gray St. 48 � � » ENO »� \ � .�a .. .r> .. .. , Meridian City Council Meeting DATE: October 15, 2413 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE; Items Moved From Consent Agenda MEETING NOTES Uv1.~. Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTiDN DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Couri<ci! Meeting ~ DATE: Qctober 15, 2013 ITEM NUMBER: ,~ PROJECT NUMBER: CPAT 13-001 ITEM TITLE: Comprehensive Plan Text Amendment Public Hearing: CPAT 13-001 Comprehensive Plan Text Amendment by City of Meridian Planning Division Request: Amend Certain Action Items Contained in the Comprehensive Plan MEETING NOTES Community ItemlPresentations Presenter Contact Info.INotes CLERf(S OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: ~Jctober 15. 2013 ITEM NUMBER; PRQJECT NUlVIBER: AZ 13-C}07 ITEM TITLE: Hacienda South Subdivision Public Hearing: AZ 13-007 Hacienda South Subdivision by Jayo Investments, Inc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Annexation of Approximately 20.09 Acres from RUT in Ada County to the R-8 (Medium-Density Residential) Zoning District MEETING NOTES ~Pp ttcan-r - S~s~~n ~a~~s - ~ O ~~v e-lo~ rn erti-~ C/ ~PF~u?°Fn Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTE$ INITIALS Meridian City Gouncil Meefing DATE: October 15, 2Q13 ITEM NUMBER: '~,~ PROJECT NUMBER: PP 13-01 ~ ITEM TITLE: Hacienda South Subdivision Public Hearing: PP 13-016 Hacienda South Subdivision by Jayo Investments, lnc. Located East Side of N. Meridian Road; Midway Between Chinden Boulevard and E. McMillan Road Request: Preliminary Plat Consisting of Ninety-Three {93~ Residential Lots, Thirteen {13~ Common Lots and One {1 ~ Other Lot on Approximately 19.b3 Acres in the Proposed R-8 Zoning District MEETING NOTES ~/ ~FP~~~'~~ Community ItemlPresentatlons Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Uctober ~ 5, 2013 ITEM NUMBER: PROJECT NUMBER: VAC 13-t~QS ITEM TITLE: Spurwing (AKA Spurwing Challenge) Public Hearing: VAC 13-Ot}~ Spurwing {AKA Spurwing Challenge) by The Club at Spurwing, LLC Located on the North Side of Chinden Boulevard, West of N. Long Lake Way Request: Vacate a Portion of the 12-foot Wide Public Utilities, Drainage and Irrigation Easement {PUDIj Platted on Lot 78, Block i of Spurwing Subdivision MEETING NOTES CinvC~ C~.hrs~er~ Community ItemlPresentations Presenter Contact Info.lNotes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meriatian City Council Meeting DATE: 4ctobe~-15, 2013 ITEM NUMBER: ~E PROJECT NUMBER: PP 13-020 ITEM TITLE: Golden Vallev Subdivision Public Hearing: PP 13-020 Golden Valley Subdivision by Providence Properties, LLC Located 4515 S. Locust Grove Road Request: Preliminary Plat Approval- Consisting of Twenty-Two X22} Single Family Residential Building Lots and Four (4} Common/Other Lots on 7.5b Acres of Land in the R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Con#act Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 15, 2413 ITEM NUMBER: PROJECT NUMBER: PP 13-0'I 9 ITEM TITLE: Copperleaf Subdivision Public Hearing: PP 13-019 Copperleaf Subdivision by Providence Properties, LLC Located at 4405 E. Usticlc Road Request: Preliminary Plat Approval Consisting of Sixteen { 16} Single Family Residential Building Lots and Four {4} Common /Other Lots on 2.82 Acres of Land in the R-8 Zoning District MEETING NQTES ~s ~gPfl4~ED Community ItemlPresentations Presenter Contact 1nfo.INotes CLERKS OFFICE FlIVAL ACT101V DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLIGANT NOTES INITIALS Meridian Cify Council Meeting DATE: C}ctober 15, 207 3 ITEM NUMBER: $G PROJECT NUMBER: M DA 13-01 ITEM TITLE: Copperleaf Subdivision Public Hearing: MDA 13-016 Copperleaf Subdivision by Providence Properties, LLC Located 4405 E. Ustick Road Request: Modification to the Development Agreement to Remove the Requirement for Townhomes to be Constructed on Two of the Building Lots and Inclusion ofi a Revised Conceptual Development Plan and Building Elevations MEETING NOTES P ,_ Community Item/Presentations Presenter Contact info.fNotes CLERKS OFFICE FlNRL ACT10N DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Cify Council Meefing DATE: October'! 5, 2x'13 ITEM NUMBER: PROJECT NUMBER: TEC 13-00~ ITEM TITLE: Shops at Victory Public Hearing: TEC 13-006 Shops at Victory by DMG Eagle 8~ Victory, LLC Located 3210 S. Eagle Road Request: Two (21 Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on the Final Plat and Request for a Two (2j Year Time Extension on the Conditional Use Permit to Commence the Approved Use MEETING NQTES ~o~~car0. `~hDM~ Sa+r1 - 1 hQ~ L~OI~'10~ ~~ rp`~`~ r~/ "~PP~~&~~ Community Item/Presenta#ions Presenter Contact Info.tNotes CLERKS QFFtCE F11VAL ACTIO11t DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Ciaty Council Meeting DATE: October 15, 2013 ITEM NUMBER: PROJECT NUMBER: TEC 13-007 ITEM TITLE: Woodland Springs Subdivision Public Hearing: TEC 13-007 Woodland Springs Subdivision by Woodland Springs, LLC Generally Located on the Northeast Corner of N. Locust Grove Road and E. McMillan Road Request: Two (2J Year Time Extension on the Preliminary Plat for Woodland Springs Subdivision in Order to Obtain the City Engineer's Signature on the Second Phase Final Plat MEETING NOTES C/i APPR6~~~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE Fl1VAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Cify Council Meeting qr~ DATE: October 15, 2013 ITEM NUMBER: PRC}JECT NUMBER: ITEM TITLE: Public Works Department -Environmental Division Report Public Works Department/Environmental Division Report: Updates to Meridian Flood Damage Prevention Ordinance (Title 10, Chapter 6, Meridian City Code) MEETING NOTES ~o.~re, ~--t ~ to S Community ItemlPresentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS a 4 ~, CI t d O f] a J-+ C d1 L L U a c~ m t u c _o 47 l7 v Q ~..) ~~ 6~7 G ` c ~ m_ io ro O m U ~ ~ N .C w N ,~ ~ ,C i1 4 ,_ ~ ~ i_f t .G ~ ~ j ~C c~* ~ V mac' ~ ~ ~ m aon op1n ~ 7 C 7 C O C 7 C 7 7 3 C G G m m ~ m io m ~a c$ O m m m ~ m c~ a L 'o a -a ~ 7a -a L v ~ ~ ~ ar v w ai N to (~i to cJf N N w a c c ~ ~ v " G ~ _w ar ~ m ~ i a in in O in d in a o a' N ~ U ~ m r` d c 0 0 4i 7 N ., y .. ~ O U , ,, c ° E ~ o~ d y a m u ~ .C ~ Y L ~ ~ 1~ ~ ~ 0 N .47 N a+ ~ O.0 C O ~ -6 -a O ~ 00 w y ~ U a "6 ~ c '~J ~ N a i m V~ u o° ~ V O . 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BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 6, MERIDIAN CITY CODE, REGARDING FLOOD DAMAGE PREVENTION: FINDINGS OF FACT, PURPOSES AND OBJECTIVES; DEFINITIONS; GENERAL PROVISIONS; ADMINISTRATION; PROVISIONS FOR FLOOD HAZARD REDUCTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Flood Insurance property owners in participating communities to pl. losses in exchange for the adoption of community reduce future flood damages; , WHEREAS, the City of Meridian is Insurance Program; WHEREAS, the regulatory, regulations of 44 CFR Sections 59- the protection of public health safety WHEREAS, and welfare by minis NOW, Z THE CITY OF BY THE :sal program which enables as protection against flood :ment regulations that National Flood meet o~ ~ceed the floodplain management for public health, safety, .YOR AND COUNCIL OF Code, shall be REPEALED, and as 10-b-1: A. Statutory Authority: set torn is 70 an+ axe; and ER b PREVENTION AND OBJECTIVES: The Legislature of the State of Idaho in I.C. 46-1020 through I.C. 4b-1024, authorizes local government units to adopt a floodplain map and floodplain management ordinance that identif es floodplains and that sets forth minimum development requirements in floodplains that are designed to promote the public health, safety, and general welfare, of its citizenly. B. Findings Of Fact: MERIDIAN FLOOb DAMAGE PREVENTION ORDINANCE PAGE 1 OF ] 5 DRAFT Qttober 15, 2!J'13 1. The Special Flood Hazard Areas of the City of Meridian are subject to periodic inundation which can result in loss of life, property damage, hazard to health, and safety, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. 2. These flood losses are aggravated by the cumulative effect of obstructions in Special Flood Hazard Areas which increase flood elevations. Development that is inadequately flood-proofed, elevated, or otherwise protected from flood damage also contributes to flood lasses. ~~`~•r.. ,:... C. Statement Of Purpose: It is the purpose of this C and general welfare, and to minimize public and specific areas by provisions designed: 1. To protect human life and health; 2. To minimize expenditure of public 3. To minimize the need for rep undertaken at the expense of 4. To minimize molonaed business the public health, safety, to flood conditions in control with flooding and generally 5. Ta minimize:° s,°'a e to tfl~lic facilitt~~ ~~~ tilitiesf~`~ ch,as water and as mains electric, telep~ibri~fand sew~"~ines, stre~ts,~~nd bridges located in areas of special flood hazard; "~f~;".":~.,~ ~.:-.-:f '•tis.,..s., 6 ~''~y:~i'Ip""itz%ab't~'~in~:a stably` base of 7. To ef~j~~e that infol ~.....:. readily~~~~ilabie to 8. To ensure tk~~t:~hos~ their actions. `' ...., as to for the sound use and development of future flood blight areas; the location of Special Flood Hazard Areas is buyers and other interested people; and Special Flood Hazard Areas assume responsibility for D. Methods Of Reducing Flood Losses: In order to accomplish its purposes, this Chapter includes methods and provisions for managing development in flood prone areas to insure that: Structures are designed and built to acceptable standards to be protected from flooding, and 2. Development does not increase the potential for flood damage by elevating flood watez• above regulatory limits. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 2 OF 15 DRAFT October 15, 2013 IU-6-2: DEFINITIONS: Unless specifically defined below for purposes of this chapter only, words or phrases used in this chapter shall be interpreted so as to give them the meanings they have in common usage and to give this chapter its most reasonable application. APPEAL: A request to City Council to overrule a permit denial because the applicant claims that the ordinance has been incorrectly interpreted. .::=~_ BASE FLOOD: The flood having a one percent {1%} ck~,anc~?.~f being equaled or exceeded in any given year. Also referred to as the "regulatory flao~t~~~'~~br`'"~'1UD-year flood." • .x '°'~~~~ BASE FLOOD ELEVATION (BFE}: The wateir:~ce elevation~`~~`~~~ the base flood in ;~f:: ~~;;rg relation to a specified datum. The Base Flooda~~ation (BFE} is dept~£~~l,~an the Flood Insurance Rate Map {FIRM } to the nearest fov~;{~~~) and in the Flood Insixa; ~e Study (FIS) to the nearest one-tenth of a foot (.1 }. r. ;~ , :;;.• •~>~y°°°--, BASEMENT: Any portion of a ground level} on all sides. with its floor sub grade (below DEVELOPMENT: Any rriar~~made change#o imprb~re~ or unixii~i~q~~ed real estate, including, but not Limited to, the cal~s~ru,~ti~i~~~;~~buildings~p~ othe~r~~c~r~xes, or ~h~'constructian of substantial improvements to bui~t~~lgs or otft~f~tructure~"lEh~~~dcemenf~¢f~~xnobile homes; mining, dredging, ~~.,,e filling, grading, paving; ~~y~cavatioi~ drilling op~x~ixons ar storage of equipment or materials; and the deposition or extractibrl `.gf niat~,~~I~ls, speclficfi~~y including the construction of dikes, berms, dams and ,le~~te~s ~~~l~e tel7ri ~~.~~eiapmen`~~tdoes nb~~~clude the operation, cleaning, maintenance ar repair~,~n~"diteh`~~c~~al, la-ter~l, dram; `d3ye~si,Qn •s~ruc#ure or other irrigation or drainage works~~'~'°is performed~oxauthori~~d.by the oec~~r'thereof pursuant to lawful rights and obligations,.,,, f:~ ~~, ''r--`~., -~r., ""~.;~>e ELEVATION`C~~TIFICATEITERIM:r~The approved FEMA Elevation Certificate identified as FEMA Form 8~1`~ :~, cozn let~~rior to the City of Meridian approval of the foundation ;~~~~~, p f::., inspection. The interirzm elevat~dl~ °~ertificate is identified by the completion of the "Building Under Construction" if~m -iziction C. l of the current FEMA farm. ELEVATION CERTIFICA~'E, FINAL: The approved FEMA Elevation Certificate identified as FEMA Form S 1-31, completed prior to the City of Meridian approval of the certification of occupancy. The final elevation certificate is identified by the completion of the "Finished Construction" item in Section C.1 of the current FEMA form. FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: (1}The overflow of inland or tidal waters, and/or (2) The unusual and rapid accumulation of runoff of surface waters from any source. MERIDIAN FLQOD DAMAGE PREVENTIQN ORDINANCE PAGE 3 OF' 15 DRAFT October 15, 2013 FLOOD INSURANCE RATE MAP (FIRM): The off cial map of a community, issued by the Federal Insurance Administration delineating the Special Flood Hazard Areas andlor risk premium zones applicable to the community. FLOOD INSURANCE STUDY (FIS}: The official report provided by the Federal Insurance Administration evaluating flood hazards and containing flood prof les, floodway boundaries and water surface elevations of the base flood. FLOODPROOFING: Any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood dama~~ to real estate or improved real property, water and sanitary facilities, structures and their conte~ifs. FLOOD PROTECTION ELEVATION (FPE}: The e1e~~h~n`~~fibye the base flood elevation to ff~s which the Lowest floor of a structure must be eleva ~~..~~~The flood~~a~ptection elevation for the City of Meridian shall be two feet (2') above ba~e•~p'od elevation.••~ti~~rr;.. ;~:~,~~, FLOODWAY (aka Regulatory Floodway): TIi~;~~nnel of a river or othef;kyatercaurse and the adjacent Land areas that must be reserved in order~~~t~schar~~~he base flood 4i~hout cumulatively increasing the waters ~~ce elevation mo~•e tb~~t~ine foot {1') Re~~Iations require that the floodway be kept open so tH~~,~f~~Yo°Q~l. flows are not.:d~structed or diverted onto other -~~a,,t..~~:.,,., ro erties. If the base flood is entirel'~:F6` ' ~~` • p p y~~ont~~ried~ywithin tfi~~`~aks of a clearly def ned channel, the entire channel ma be defined as a Flo dwa ~~ ~~~~~'' y ~4 Yr:`~ .~._:..: f~: ~ ~.•.~...:.. -:-1::. HISTORIC STR ~'~~~:•. `°~°'~r~~•ti ~~ ..~~'~~. UCTT4T1~'~A`~txu~ture thal;~;, ,~'~ ''rl: 1 Listed indivi ~a~l in thet ~ {) S~ rT: ~ y ' ~,~tional R~gzstei of`tI~storf~ F~laces (a listing maintained by the f :, mfr •~ f ,. L7 S,, DepartnC~it of Inteii~t}° or preliminarily determined by the Secretary of the Interior ` ~s;;~;., ~ " '~s meetln ~t .,, ~~, :r; ,~_a g' ~,~,zequirements for individual listing on the {2) ~~~-l~fled"•or=pre~;~t~mari~y~~Ietermiriet~~ ~ ~ ~ ~~~ {e secretary of the Interior as contributing to the histofi~~.l sigmFic~.n~ce of a re~~~red historic district or to a district prelirrriaxily ,, ~•`~~t: '~~~+lermined by the Secretary to qualify as a registered historic~~ • f~ :':'... ~~~~°. district. - ---- {3) Indivic~i~#`11y listed on a~~-st'ate inveriti~ry of historic places and determined as eligible by states wit~~i~,toric prese~~ation programs which have been approved by the Secretary of .,.~ the Interior, ot;~F~., ,:=~~` (4) Individually lis~ec`i,~~r~g~ local inventory of historic places and determined as eligible by communities witli''fi~stt;~ic preservation programs that have been certified either by an ,r~~~ approved state program as determined by the Secretary of the Interior, ox directly by the Secretary of the Interior in states without approved programs. LOWEST FLOOR: The lowest floor of the Lowest enclosed area of a structure {including basement). An unfinished arflnod-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area other than a basement area is not considered a structures' lowest floor. The lowest floor is a determinate for the flood insurance premium for a building, home or business. MERIDIATF FLOOD DAMAGE PREVENTION ORI}IAfANCE PAGE 4 OP 15 DRAFT C~~tober 15, 2013 MANUFACTURED HOME: A structure, transportable in one or more sections, wluch is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle". MERIDIAN FLOODPLAIN OVERLAY DISTRICT: Area regulated by this section of code. MERIDIAN FLOODWAY OVERLAY DISTRICT: Floodway portion of the Meridian Fiaadplain Overlay District regulated by this code. NEW CONSTRUCTION: Development for which the "star,,t:t~~`eonstruction" commenced on or after the effective date of this Chapter. .;°sr;.' RECREATION VEHICLE: A vehicle that is a) bullt,on~'a single c~:~~sis, b.} 400 square feet or less when measured at the largest horizontal pro~~t;t~Qii, c.) deszgnei~~¢~~ie self-propelled or permanently towed by a light duty truck and d) designed primarily no~~~~r>use as a permanent dwelling but as temporary living quarters foI rec>~~tional, camping, travel~~~;~,,seasonal use. `" `~ •: SPECIAL FLOOD HAZARD ARE rr ~:~s~~. '•~~~~~~~~~~~~~ _,. ~~r' ~:. SFHA}: The °~~s, o~:~pecial flood hazarc~~~dentified on the Flood Insurance Rate Maps as 1a~i~:~.e regulated'"~Qd~iplain within a community subject to a one percent (1 %} or greater chance a.oQ~~l?~. in any gi~~~5.rr'year. START OF CONSTRUCTION: Includes~~Sbstant~I~rplovernenf~~and means the date the a •df~? r°°d. •. ~r r r development, building~p~ ~~~dp~~n develop,~;ent ~e~,n~ilfr}r~a~ issued;=provided the actual start of construction, repair,%d~~nstlucttd'~~•placemei~~ ~~; f~~hei imp~~i~~~Ient was within one hundred eighty (I 80) days of tTe ~eimit date=I'he actual~sf~.f t means the ~f rst placement of permanent ti~•~~,~~ construction of a structure otLa sltc .F ~.;._ ~~.~.~.~:~ above a gas or liquid storage tank that is f...s SUBSTANT,`~^,^R;L DAMAGEfI3a~~;tnage'o.r~r~y origin sustained by a structure whereby the cost of restoring the s'txu~ture to its bel'~t~~ damaged condition would equal or exceed 50 percent (%) of ~, ~~. the market value`o,e structur~l~~fore the damage occurred. SUBSTANTIAL IMPR~~~F~NT: any reconstrucfion, rehabilitation addition or other improvement of a structur~;~~`'cost of which equals or exceeds 50 percent {%) of the market value of the structure, or the scope of which increases the existing gross floor area by more than 20 percent {%) before the "start of construction" of the improvement. If a Substantial Improvement is being made to a structure, the entire structure must be brought into compliance with the provisions of this code. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not include either: {1) Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications, which have been identified by the local code enforcement official and which are solely necessary to assure safe living conditions, or MERIDIAN k•LaoD DAMAGE PREVENTION ©RDINANCE PAGE 5 OF 15 DRAFT ~t~ober 15, 2i~13 (2) Any alteration of a historic structure provided that the alteration will not preclude the structure's continued designation as an historic structure. VARIANCE: A grant of relief from the requirements of this chapter which peztrzits construction in a manner that would otherwise be prohibited by this chapter. 10-6-3: GENERAL PROVISIONS: A. Lands To Which This Chapter Applies: This chapter shall apply to all areas of the Meridian Floodplain Overlay District as def ned in subsection 10-6-2sW~thin the jurisdiction of the city. B. Basis For Establishing the Meridian Floodplain Overr~~=D~~trict and the Meridian Floodway Overlay District: o,=_;;'~ '~:~~:a.r:., y~,.pfdj. .j Oil •~ ~° /i~ 1. The Meridian Flood lain Overla Distrce. •~~~ ~~~itiall def neci~~~t'f verla in the FEMA P Y #.,~~:... Y ti~~~Q Y g effective FIRM SFHA onto digital mapp~~'d''amending it througl%g~;ngineering hydraulic analysis, or by surveys to correct inconsipies with field condifra~isY;,then applying a 10 foot (10') horizontal buffer to expand the at'~~,~f;Atnernc~.tients to the ~)is~~~;ct due to hydraulic analysis or field serve, Administrator. The Meridian'~~~ SFHA as depicted on the FEMA Letters of Map Revisions based 2. The Meridian I mapped flood amending it thr inconsistencies on the rs ~nzflally~~d~~ned'~Iy overlaying a FEMA ined;t~y sec~ibn~~;0-6-5{B) onto digital maps and ~~.1•-, c=nalysis, or by surveys to correct ~a~plying a 5 foot (5') horizontal buffer to rrel ~l~ue to hydraulic analysis ox freld surveys }~ q F~oadplain Administrator. The Meridian de at least the Floodway mapped by FEMA C. Basis Fox Establishing Spec~'I~Flood ~lazard Areas: The Special Flood Hazard Areas ~•...,,, identified by'~tl~e~'ederal Err{~gency Management Agency (FEMA} in its Flood Insurance Study (PIS) ancl'`a~:connpanyl~g~ Flood Insurance Rate Maps {FIRM) and/or Digital Flood Insurance rate Maps~(DF~;^;Rl~~ for Ada County, Idaho, and incorporated areas entitled "Flood Insurance Study for Ad~~;G"unty, Idaho and Incorporated Areas" effective October 2, 2003 (PIS Number 16001 CVObOB), are hereby adopted by reference and declared to be a part of this chapter together with any subsequent revisions thereof. The flood insurance study and flood insurance rate map{s) are on file in the office of the floodplain administrator. D. Penalties For Noncompliance: No development shall take place without full compliance with the terms of this Chapter and other applicable regulations. Violation of the provisions of this Chapter by failure to comply with any of its requirements, including violations of conditions and safeguards established in connection with conditions, shall constitute a misdemeanor. Any person who violates this Chapter or fails to comply with any of its requirements shall, shall be xevi~wec) ~rid'made available ~~?~~;the Floodplain ~,pIain Overlay District will always include at least the FeCtzve,FIRM an~~.shall not be decreased by FEMA MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCI; PAGE 6 OC 15 DRAFT tlCtober 15, X013 upon conviction thereof, be subject to penalty as provided in Section 1-4-1 of this Code for each violation, and in addition shall pay all costs and expenses involved in the case, including attorney fees. Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation. E. Abrogation And Greater Restrictions: This Chapter is not intended to repeal, abrogate, or impair any existing easements, covenants or deed restrictions. Howevex, where this Chapter and another chapter, easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent restrictions shall prevail. Additionally, in the event that any of the requirements of this chapter are in conflict with those of ~4,~~R parts 59-65, the more stringent restrictions shall prevail. •~ ~'"`~_=_''~ F. Severability: This Chapter is hereby declared to bE~sev~rafl;~:~..Shauld any portion of this ordinance be declared invalid by a court of com.~~#enf Jurisdia~~a~}, the remaining provisions shall continue in full force and effect and sh~~~a~~read to carry`z~i~t~~ae purpose of the ordinance before declaration of partial in~„~„i'~1fy. `~'r~~~~,, .. ~AS~1 G. Interpretation: In the interpretation and applica~t'~`~~..of this ;~,hapter all prd~~~ons shall be: 1. Considered as minimum re u e ents• ~~°~ ''~'• f~:~'~~:°° ~'`°~°>~::v::""" 2. Liberally construed in favor o~~t~go~yerning boc~yf~f~S"d ~~~~ 3. Deemed neither to limit nor rep'~a~aani~er powers~'at~ted under State statutes. H. Warning And Disclai ~rfQf Liability ~~e degr~~ o~Jflood p~tit~ction required by this Chapter is conside~~~~'easQn~ble for regl~toa y ~ur~o~as aid is -~aased on scientific and engineering con~~~t~ions ~,,~ger flood~`~~li ~tl'v~Ill ol/b~f~on rare occasions. Flood heights maybe increased~.anmade tt~natural caitSes~. This Chapter does not imply that land outside the areas of sp~iy~al flod~t~;~~azard or us~s::uermitted within such areas will be free from from :tshall ~cit;create liability on the part of the City, any :~~`~. =~ ~surarice Administration, for any flood damages D~~~~°•••c~: ox did-:administrative decision lawfully made 10-6-4: A. Establishment Permit: Floodplain Develo~e~~~'~ermit Required: A Floodplain Development Permit shall be ~~:.. obtained before construction or development begins within any area of Meridian Floodplain Overlay District as defined in subsection 10-6-2 of this Chapter. The permit shall be for all development including fill and other activities also as set forth in Section 10-6-2 of this Chapter. a. Except in areas where floadways have been mapped by FEMA under § 10-6-5(B)(1}, at the discretion of the Floodplain Administrator, development that will have negligible impact to flood characteristics may be exempt from the permit requirements provided that data deemed necessary by the Floodplain Administrator, including but not limited to MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE '] OF ] 5 DRAFT October 15, 2013 supporting engineering data and that information which is required under section 10-6- 4{A)(2}, can illustrate negligible impacts to flood characteristics. 2. Application For Floodplain Development Permit: Application for a Floodplain Development Permit shall be made on forms furnished by the Floodplain Administrator and the applicant may be required to include, but not Limited to; plans drawn to scale showing the nature, location, dimensions, and elevations of the area in question; e~tisting and proposed structures, fill, storage of materials, drainage facilities, and the location of the foregoing. Specifically, the following information is required: a. Description of site work to be done in the Meridianl~~ttt~plain Overlay District. b. Base Flood Elevations and floodway location;p~afi~ pf~ject area. c. Elevation of the lowest floor and other,c~a1 component~~~~~~~.ll structures such as ,g ~: crawlspaces, mechanical and electrical~~uipment, vent locati~~~~eheck structures, pipe elevations, etc. ~°'~r~~:•. '''~.~~'~,;{ ••;,•.. d. Hydraulic and hydrologic ca~cl~lations and ~~~ ;ate~finodel results slang the effect of the development on Base~~~~Ci`c~1;Elevations fas~reas included in the Meridian Flood Lain Overla and Floo'• ~ ~~~~~~~ ~~~~'~~~'~' p y c~wia~~ ~,;~~ay Districfs:ncluding areas without a FIS- mapped floodway. ,, °' °`"'`~ ~~~ • .. e. No Rise Cerhfic~.~i~"n~°~~c~ hydraulic ~,nd by `oXogic ~alcul~fibns including backwater model resull~ ~~iifying ~i~~ rise results ~oa~ -~~C m ~1~~Vleridian Floodway Overlay District. ~~~ ~':rr'~ ~~#~'~ r~°` {' t t •f~~J~ ~T~:~ ~ ~ ! J.' B. Designatzo~'SJ~.k'~,oodplafn~A~3mnistxatoa The l~aodplain Adrinistrator shall be designated by t~;e~~~it~%yEf~g~i~~~~ and is~}~teby ap~io~t~~ to ac~manister and implement this Chapter by gld~i~i~i}g or denying'' •~~i~dplati~~Deveiopmen~~Permit Applications in accordance with its f ~~, • ~ •.•.r.;.,.,.;. C. Duties And~~Responsibilities ~f the Floac~plain Administrator: Duties of the Floodplain ~~:.o.":: ~ ~ .~ Administrator.~'~~al include;F,~t not be limited to: 1. Review and evafuat~~#~~plain Development Permit Applications: ~A-~•~J ~ •~ ~'~~d a. Determine whether e permit requirements of this Chapter have been satisf ed b. Obtain evidence of approvals for all necessary additional Federal, State, or Local Permits and approvals if applicable. c. Require that interim and final elevation certif Cates, final floodproof ng certificates, and/or other as-built documents are properly completed by a qualified professional engineer or land surveyor licensed in the State of Idaho and submitted by the permit applicant before Certificates of Occupancy are granted for the project. MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 8 OF I $ DRAFT October 15, Zo13 d. When Base Flood Elevation data or floodway data are not available, then the Floodplain Administrator shall obtain, review and reasonable utilize any base flood elevation and floodway data available from a federal, state or other source in order to administer the provisions of this ordinance. 2. Conduct inspections of all development in the Meridian Floodplain Overlay District in coordination with the designated Building Official to ensure that the provisions of the Flood Damage Prevention Ordinance are met. 3. Notify adjacent communities and the State Department~:~;`t1LTater Resources prior to any alteration or relocation of a watercourse, and subm'l~q~:~~dence of such,notification to the Federal Insurance Administration. ~_°~~~~~"'`~~~:°°r=- ~.~~- _ _ . 4. Maintain the following information for a. Floodplain Development Permit b. Results of hydraulic location of the boundaries of the Special oodway Overlay Districts {for example, sped boundary and actual field D. and decide appeals and requests for variances from the b. The City Council shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Floodplain Administrator in the enforcement or administration of this Chapter. The Floodplain Administrator and applicant shall consult with the City Engineer prior to appealing to City Council. c. Those aggrieved by the decision of the City Council, or any taxpayer, may appeal such decision to the Fourth Judicial District Court, Ada County, Idaho, pursuant to Idaho Cade chapter 52, title 67. MERIDIAN FLOC}D DAMAGE PREVENTION ORDINANCE PAGE 4 OF I S QRAF`T facility to the community; d. In passing upon such applications, the City Council shall consider all technical evaluations, all relevant factors, standards specified in other sections of this Chapter; and (1} The danger that materials maybe swept onto other lands to the injury of others; {2) The danger to life and property due to flooding; (3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; ,,:~.•`~'_:. {d) The importance of the services provided by. {5} The necessity to the facility of a 5r.-..,. ;.. {b} The availability of alternative loc~;f~~iu~'for the proposed flooding; ~'~~~._ , {7) The compatibility of the~p,~oposed use wi~3~~~~~ and (8} The relationship of the prq~?~~~~ise.to the management program for tl~~f~area~"~::;~`,:;.,, (9} The safety,~~access`tp^the vehicles• ~ . r~~~`.. "~'`~. . rr.-z,-. ~ S5}~. (10) The exp ~~~•~~ g '~':~' ecfe~ ~~z hts~ dye] ,fl~o~,waters at~~~ the .s~fe~c .• ~~ '` r t (~' }.The costs'o~;provzdt~i~a t,,~.~~ =~f:..including ma~~t~~ance''2ull •"'~f~~~ctrical, and water syste e. The any 2. Conditions For V applicable; are not subject to Plan and flaadplain and emergency rate of rise, and sediment transport of the n, if applicable, expected at the site; and during and after flood conditions, October 15, 2013 of public utilities and facilities such as sewer, gas, streets and bridges. shall maintain the records of all appeal actions and report Insurance Administration upon request. a. Variances shall not be issued within the Meridian Floodway Overlay District if any increase in flood levels during the base flood discharge would result. b. Variances shall only be issued upon: {1) A showing of good and sufficient cause; Reasons that do not constitute good and sufficient cause include: loss of property value, inconvenience to the property owner, or lack of fitnding to comply. MERIDIAN FLOOR DAMAGE PREVENTIC}N ORDINANCE PAGE 1 O OF 15 DRAFT A. October 15, 2013 (2} A determination that failure to grant the variance would result in exceptional hardship to the applicant; (3} A determination that the granting of a variance will not result in additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. (4} A determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. Any variance should allo}ya~oa~ly minimum deviation from the requirements of this code. s~s~:,.,:a°` c. Upon consideration of the factors of § 1 of this Chapter, the City Council may a as it deems necessary to further the pull Section and the purposes o the granting of variances d. Variances as interpreted in the general zoning law principle that they pens nat personal in nature and dp;:~,pt pertain to financial circumstances. Tlieyyj~~inarily ads r residential neighborhoods. °;V^`'. °rafts~~;;;r" Insurance Prografi%°~;~ based on the a a ph~sical piece of`~~~~erty; they are ~~r~.cttre, its inhabitant~s~;conomic or "s~:;~rri~ll lots in densely populated e. Any applicant to.=yvhom a variances gxarif~'d~h~11 be gi~e7:awritten notice by the Floodplain A~xlt~istrator;,that the d~~~lopr~~tr~?v~ll pp~perfltted without meeting City Code requu~nt~rits and tfi~.,the cost ~~~~tnsura~ii/~°;11 be commensurate with the increased risk d~~ood damage. °~~: ~:; t ~~~ ~~lfrr,<r s f,rr.~t' ° ~ ~ ~Jf'fr ~ ~ ,~'et?~TS~ION.~ k'"OR~I`~~,~Q.OD HA~~'~ RE~UCTI4N: vet '~. _ .:~; r ""~~~.~.r ~ ~ ~'~:;~~:J. ~ i~°? nd~~~~,for the Merid~~i~Flooc~p`~~i~ Overlay District: r.-- a •,~,r• Engine~~iF~u~~,and Mappiri"~Require~ents: ••: o ~~:. :;.,.;~. a. Determinali~n:of Baselod Elevations (BFEs): The Floodplain Development Permit Applicant shaTl;arst:coh~act the City Floodplain Administrator to determine the Base ~~;o,s.:, ,..:.r :...., Flood Elevation. `~I~;}fig"Floodplain Administrator is unable to determine the Base Flood Elevation through FNMA profiles andlor simplified methods, then the Floodplain Development Permit Applicant shall retain the services of a Qualified State of Idaho Licensed Professional Engineer, or Professional Land Surveyor to determine BFEs before and after the proposed development. BFEs shall be determined based on FIRMS, previous studies, by performing a hydraulic analysis, or other methods approved by the Floodplain Administrator. The engineer or surveyor must check with the Floodplain Administrator to determine if additional updated information on BFEs is available. MERIDIAN FLOOR DAMAGE PREVENTION ORDINANCE PAGE 11 OF 15 DRAFT t~ctober 15, 3013 b. Effect of Development an BFE: In areas where FEMA has not determined a floodway, the cumulative effect of any proposed development, when combined with all other existing and anticipated development, shall not increase-the water surface elevation of the base flood more than one foot (1') at any point unless Letter of Map Change {LOMC) provisions in 44 CFR Part b5 are met. It is the responsibility of the City acting through the Floodplain Administrator to allocate the one foot increase to best serve the puzposes and objectives of this chapter. c. Floodway Mapping: In floodplains where the floodway has not been mapped by FEMA, the Floodplain Development Permit Applicant shall ret the services of a Qualified ,.~•. State of Idaho Licensed Professional Engineer to det~ne the location of a Ioca1 r.~fP. floodway. Development in the Meridian Flood~yay Overlay District shall then meet the standards far development specified in section7Q ~6-5($.)~below. d. Electronic Map /Drawing Submittal: T. `~,~~`o"odplain Deve~op,~nent Permit Applicant T.?r •.• •" aa.... , r shall provide paper and electronic sul~~~Ela~s, including drawins:showing newly mapped floodplain and floodway as w~~~~• model input files ari~:~n~ut/output tables. :amp;.. ~.., r• Electronic map and drawing submittals sli~~~ be sublT~fked according ~C~the City of Meridian AutoCAD Standards.. :°~>~,:::~f~-_, .v~fAns 2. Construction Requirements for'~:•Ne~°i ;•°~,;•-;x~~,s~~!truction ari~Srubstantial Improvements of Structures: ,... :/1'•-a;°Yra, r.:•_:>. a. Elevation {1}For all re~~lg~tial con~t~:ixction and~yv nonresidential construction the lowest floor elevation of ~~~strucl~~~,.including'ba~ements, or mobilelmanufactured homes, shall. be elevatedt~ the ~`1tit~txotectioi;Elevation of no less than two feet (2'} all residenta~constfu~;t~pn and new nonresidential construction, any crawlspace ther unfinislii~Qr floo~~~~s'stant enclosure below the lowest floor that is usable E~.for parking ~q~;ehicles;uilding access or storage in an area other than a ~z);$~, is not co~'~dered a building's lowest floor provided it conforms to the {i) the interiofoti~zd elevation shall be elevated to a minimum of one foot (1'} above the Base Flood Elevation. (3) All manufactured homes shall be elevated on a permanent foundation and meet the same elevation requirements as other structures. (4) Lots far new construction, removed from a FEMA defined Special Flood Hazard Area through a Letter of Map Change based on fzll, but within the Meridian Floodplain Overlay District, shall comply with the elevation requirements (1) and (2) above. I1/1ERIbIAN FLOOI} DAMAGE PKEVENTIpT~I ORDINANCE PAGE 12 OF 15 DRAFT b. Floodproofing Requirements: t~~tober 15, ~t~13 (1) For existing non-residential construction, including development which is considered a substantial improvement, the lowest floor area of any structure, including basemen#s, and any unfinished enclosure area shall either be elevated to conform with sections 10-6-5(A}(2}{a)(1}and {2) above or be dry floadproafed, together with attendant utility and sanitary facilities, below the Flood Protection Elevation as defined in 10-6-2, so that the structure is water tight with walls substantially impermeable to the passage of water; have structural components capable~t~;~~~esisting hydrostatic and ,.~.>~ hydrodynamic loads and effects of buoyancy; and b~,~~~`rtified by a Qualified State of Idaho Licensed Professional Engineer that the stari~c~s above have been satisfied. c. Anchoring: (1} AlI construction shall be designe~;F:~='adequately anchor~t:~;resist flotation, collapse, and lateral movement of ~~~f~a~ructure resulting frorY :1~~?~rodynamic and ~ .:~ : hydrostatic loads, including the effec~~~~'f~buoya~gy~. •'~°•'''~;.;, {2) All manufactured home~yx~t~sllkewise be `anc~gred to prevent flotation, collapse or lateral movement, and sh~ll'b~ msta.~led using rn~tl~ods and practices that minimize flood damage. Anchoring m~,t~iods'`~y~~clude,~b~t:.~e not limited to, use of over the tap or frame::~.es to grount~,~nchors (~~~rence ~~, guidebooks for additional techniques) s •°:';~ ~ <:~ •~:~~.° ~dr`.:-••••. : <::~~:.~:::::-. :• ;_,.;. :~•~••ey .•~,y~y'~V'i f ~~x~~'~% z~' ••`i~~ a ~Lyyy~ `yj 'YIdP• ~ t'j~a' d. Construction l~a~~rials An~I~Vlethods ~ ~;~ °°~ :~ r ,r ~ttf~,~ PY:~ fr r f~i (~}~~All'~~nst~•uction~~~~lb~t ~~~ S~ta}1,be ddiiE,with materials resistant to flood damage. ~~ihis'ir~'icl~~le~ not ~o~iYy rthe foun~~~p~~~wall's of the crawl space used to elevate the ~~i building, liu°~;aiso all Iq~~its, insulati~~ or other materials that extend below the BFE. use ri~~{hods and practices that minimize flood damage. (3} All ~ ~1'~j~ng utility ~y~tems, including electrical, heating, ventilation, plumbing, air condi~r~~i' , duct~y.~#':~z and other service facilities shall be elevated at least 1 foot :.•~ above the ' ~~~~' 3. Utilities and Drainage:- a. All new and replacement water supply systems shall be designed to minimize or eliminate inf ltratian of floodwaters into the system. b. New and replacement sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharge from the systems into floodwaters. MI;RII}IAN FLOOD DAMAGE PREVENTION ORDINAI~ICE PAGE 13 OF 15 DRAFT October 15, X013 c. On site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding. 4. Land Development Applications: a. All land development shall be consistent with the need to minimize flood damage. b. All land development shall have public utilities and facilities such as sewer, gas, electrical, and water systems Located and constructed to minimize flood damage. ~.~~-.-,;,.F.,; c. All land development shall have adequate drainagef~~~~ided to reduce exposure to flood damage. : ~.-. ~•••.r 5. Storage Of Materials And Equipment: ; :;a, `''~-~r ~~~f'o~.,~ ' la' :.Yr. .' ~.•. a. Storage of the following materials Is pro)ibited within the M~rzdian Floodplain Overlay District: ~``~ ~:f~,~s:~r. Acetone Carbon Disulfic~•e~~:. .y : , P,~u~~c Acid "' ~~~°~~~.... Phosphorus Ammonia ~ ~_ ~11u1oid '° ~.'"„ .~~ ::a %~•:•~-.,~ ` ~gnesium ~.;. •'•~°`'`~ ''x=a~~ otassium Benzene '~: ` ~I~r. ;n rr~ . e '~'" .~ ~~~~itric Acid Sodium Calcium Carbide Hydi`o~1i b'~~~.~~~id Oxi'~~~~of Nihogen Sulfiix b. All other materials Shat are buoyant flamma~~'~;~oxiouss toxic or otherwise injurious to persons or p~c~p~r~y~~ra~sported ~y'~oo~~~~~~~~ ~~~ept flbse identified in item a.) above, are prohibited u~~~s elevatec~`~bthe Mood p~si~~tion elevation and the storage method is des~gr~ed to res~s~flood telat~.~'forces including hydrostatic, hydrodynamic, buovancv and d~~is imnaGtsforces_ ...._ 6. a.:R~~~:~ational vehicl~~~,ocatetl~~-~~t~Ie Meridian FIoodplain Overlay District must either: {1} Be ois.~~@~for fewer t11an180 consecutive days; {2) Be fully lfce~~s~d an .;~e~dy for highway use, on its wheels or jacking system, attached to the site on~`'~~ `' ~;:.,..%Y ~y~,.~~~ disconnect type utilities and security devices, and have no ~.~ . ~~~ permanently atta~t~'structuxes or additions, or; (3) Meet all the requirements for New Construction and Substantial Improvements of Structures as specified in section 10-b-5(A}(2). B. Standards for the Meridian Floodway Overlay District: 1. Development is prohibited in a FEMA mapped floodway unless the pxovisions of 44 CFR 60.3{d) are met; or a "no-rise" certification is provided by a Qualif ed State of Idaho Licensed Professional Engineer and accompanied by analysis data, including but not limited MERIDIAN FLOOD DAMAGE PREVENTION ORDINANCE PAGE 14 OI' 15 QRAFT' October 15, 2013 to supporting engineering data and that information which is xequired under section 10-b- 4{A){1) supporting the determination that the floodway development will not cause any increase to BFEs at any point. 2. In areas where a floodway has not yet been mapped by FEMA, the Flaodplain Development Permit Applicant shall retain the services of a Qualified Licensed Professional Engineer to determine the location of a local floodway for purposes of this chapter. Once determined, development within the locally mapped floodway will not be allowed unless a "no-rise" standard is met as stated in item {1) above. a. Existing Local and State highway bridges and using public funds may be exempt fiom the "no-~ provided engineering analysis including that rec illustrates that the project meets the minimum>xec .,~~. section 60.3(d) when constructed in FEI~!~I'napx Section 2. That this ordinance shall PASSED by the City Counc},~<~p~the City APPROVED by the Mayor Tammy de Weerd, are extended or improved lent of this section 1{A){2) of this code 44 CFR, and specif cally on January 1, on Decemb~~~ 10, 2013. December 10, 2013. Holman, City Clerk MERIDIAN FLOOD DAMAGE PREVENTION QRI7INANCE PAGE 15 OP 15 APPROVED: Meriafian Cify Council Meeting ~~ DATE: October 15, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Community Development -Building 8~ Development Svcs Community Development Department/Building S< Development Services Division Report: Adoption of 2012 International Building Code, 2009 International Residential Code, 2009 International Energy Conservation Code, and Local Amendments(Title 10, Chapter 1, Meridian City Code) MEETING NOTES -~ ---~ . Community ItemlPresentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT ~c~ober 15, ~a13 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITY, AND PENALTY SECTIONS; AND PROVIDING AN EFFECTIVE DATE. ~~~:~ .~.,,. WHEREAS, pursuant to Idaho Code section 39-4:~s~b~4~(b}, the City Council of the City ~~•••, of Meridian hereby finds that good cause exists for the~d~opto~'apd following amendments to the 2012 International Building Code (IBC), the 20Q9 If'ernatloit~~~'Energy Conservation Code (IECC), and the 2009 International Residential Coda ~TRC), and that ~%tch amendments are ~~.. reasonably necessary for the protection of the•pttlc health, safety, arid~v~elfare; „rr ~.•~. ti.,,,,,.•,,., WHEREAS, the City Council of the City"'aeridi~i`~~~~reby finds`fli~~~~le following ,. ~, ., amendments do establish at least an;e~givalent level "o~~rc~~f~fon to that of 20'I~~;7BC and 2009 IRC; and • ~.f,~ ;;;..~;,,: ::~1~J;~ .. WHEREAS, pursuant to Idaho amendments was coed language of this oldina ~~ and contractors, Asst; Association of Counti Association, American Idaho Socz~l~y q~Prgfe; Idaho B>:f~~~~tng ~`rat~ ,~*,~i~~ public~:~1~~i of notice of THE CITY Section 1. REPLACED as fc etatl~n,39-411 G~4j~b~, a public hearing on the 2013,'fo)~c~yaing pi~~sion ofthe proposed ral Conl?aetoYs.of An~~rica. Associated builders Cities,'1aa~i~~~ssociafi~i~~~f Building Officials, Idaho ~,, a cation of ~iLTORS®, Idaho Building Contractors ~htects Idal;>~j:Chapter, Idaho Fire Chiefs Association, ~; ~~a Sta~;~xldependent Living Council, Southwest lding~`~'~,;acl~s~y~iy'1.7.5. mail, on October 16, 2013, and lace theretij~~~ii the Valley Times on October 21, 2013; BY THE MAYOR AND COUNCIL OF 1, Meridian City Code, shall be REPEALED, and Chapter 1 BUILDING CODES 10-1-1: ADOPTION OF BUILDING CODE, ENERGY CONSERVATION CODE AND RESIDENTIAL CODE: There is hereby adopted by the Mayor and the Gity Council, for the purposes of regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment use, height, area, and maintenance of all buildings or structures; providing for the issuance of permits, and collection of fees thereof; and providing for penalties for the ADOPTION OF 2012 INTERNATIONAL Bi3ILDING CODE, 2004 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 1 OP 7 DRAFT t~ttober 15, 2013 violation thereof, certain building codes known as the 2012 International Building Code (hereinafter IBC}, 2009 International Residential Code (hereinafter IRC), and the 2009 International Energy Conservation Code {hereinafter IECC}, published by the International Cade Council, and the same are hereby adopted and incorporated in full as if set forth at length herein, including all appendices thereto, save and except such portions as hereinafter deleted, modified or amended by section 10-1-2 of this chapter. Frorn the date in which this chapter takes effect, the provisions thereof shall be controlling within the limits of the city. 10-1-2: AMENDMENTS TO ADOPTED CODES: To the extent that any provision of a code as adopted and/or am~~,ded herein conflicts with a ~~~°„•~°yrr provision of Idaho Code, the provision of Idaho Code shall~x~;ya~l. Additionally, the fallowing amendments to the adopted codes shall apply: ~v~~~~':~f' IBC section 105.1 shall be amended with the ad~%toi'of sulbs'e~~pn 105.1.3, to provide as follows: .:~°~~`~~ `"''; :.;~: ~" app 105.1.3 Permits Required For Prefabricated A~~IVIabile Structures. I~i~„a~.~fabricated structure, mobile home, or house trailer shall be installec~~;~~~:eted, constructed, enld~~~d? altered, repaired, moved, improved, removed, converted or demoli~~~pnless a separate permit~or each building Cf or structure has first been obtained fr,~~~x~~the building ~1i~Ia~ ':Any mobile hom~~hause trailer, ar prefabricated structure constructe~~. ~~ fto moving in"~r~lacement on any lot or parcel within .,r r:~:: the city shall be considered as a build#i~goi~::~fzi~~ture subje~tt~o„„regulation by the International Buildin Code s '~'#''dy ~'° '~~.::".:.:,. g a adopted and amendec~~yithis~ c~i;~~~pr. ~.>~ „ n'wYuw ~w~~" ~'~.~. r lr~llf~. ~~O..~y~ :'.1'.yrl.. ~Ai.e l.j IBC section 107.2 5 sh'~11 ~~°`~~ended to r ~d as b} i~~v° ~::„ IBC section 107.2 5 ;~,tte'P1an. 'I~l~~ronstruc~~;~~~~~~ments's~~~nitted with the application for permit shall be accom~ti~Itled by a ate plan shoe', to scale, the size and Location of new construction and existing ~tXlljctuleS ~n tl~e site, c1~~nces from lot lines, the established street grades, an~ th~,~~ppo~ed filh~;l~~d grades rr~~'he site p~~n shall be drawn in accordance with an accura/t/e~bdt~ndary`h>Eze ~sur vey. n the case o~ ~~I~to~i~El'on, the site y{~~lan shall show construction to be del~o~~hed and the •loc~x~,on aria}~I~e of exis structures and construction that are to remain on the sife~~r,~lot. The Bu`il~ii~~ OfI~~`~~;l..is authorized to waive or modify the requirement for a site plan w~~~~Ie applicatioriQx perm~~s'~~or alteration or repail• or when otherwise warranted. A11 developmeif ~y~cated in thereridian ~loodplain Overlay District is required to meet the provisions of the °~rdian Floo ~~amage Prevention Ordinance, Title 10, Chapter 6, Meridian City Code. •~~'`'''~'~~;~•.,. ,:?:; ISC section 109.2 shall lfef~~riended to provide as follows: 109.2 Permit Fees. The fee ~or each permit shall be as set forth pursuant to a schedule of permit fees as established by resolution of the City Council. The determination of value or valuation under any of the provisions of this code shall be made by the Building Off cial. The value to be used in computing the building permit and building plan review fees shall be the total value of all construction work far which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air conditioning, elevators, fire extinguishing systems and any other permanent equipment. Final building permit valuation shall be set by the Building Off cial for all permits that require initial estimated valuation and final estimated valuation by the ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 2 OF 7 DRAFT October 15, 2013 applicant. Payment of permit fees is required at the time the permit is issued. Permits shall not be issued or considered valid until fees are paid. A new section, section 109.6.1, shall be added to the IBC to provide as follows: 109.b.1 Permit Fee Refunds. Up to eighty percent (80%} of the fees paid for a valid permit may be refunded to the permit holder upon request. The permit holder shall request such refund in writing to the Building Official no Later than one hundred eighty (184} days following the date of permit issuance. Plan review fees shall not be refunded in part or in whole after completion of plan review. A new section, section 109.6.2, shall be added to the IBC.., "f'`'•>~bvicle as follows: ~•~•,~ ~: 149.6.2 Permit Transfer. A building permit granted pursuahl'~~~this code may be transferred from ,f~~ one permit holder to another permit holder upon writt~~ xeques~~~,the current permit holder to the Building Official. Expired permits may not be ttr~ris~elTed No~ermit transfer may be made r .:a:. without written approval of the Building Officia~~~af:transfer is atter'tf~t~d without written approval of the Building Official, such permit~~~I~l' be deemed void. `?°: ~ ° e~:•.. IBC section 312.1 shall be amended with the de'letop of ~i#a~quiremei buildings to comply with the Inter,,national Energy~~;bn~;~'~;v6tion Code. Anew section, section 908.7.2, shall ~~;~ ad`,~~a to the IBG~#~Xprovide as follows: 94$.7.2 Where Required In Existing Dv~~~ings:~heze interl~ork requiring a permit occurs within existing dwellings tli~I. Nave attaclie ~~arages,r f ~s~~ existing~t~wellings with fuel-fired appliances, carbon m ys~~idc ~~7arm•s shall ~xovlde~'~n ~~~b~rdan~`~'with section 908.7. IBC section 1612 shall:ke Jdeletec~~nd replacei~rwith language to provide as follows: 1612 Flood Loads All d~velopme~i sated in t`~~,lyleridian Floadplain Overlay Distric# is re uired to m rf F rovlsiof~~' ot~ ~ $~~ '" q 3~ ~1,.~ ~,...„•-~lf IVI;~~~~n Flabtl~,Damage Prevention Ordinance, Title 10, Chapter 6 ~1!Icri ran City. Cod~:'~~~~ j. t-..:.~.a.r :: ~' ~,~,°°.~~~. . ~.^.~.r . Anew s~ctla~, section 1805:3.3 sh~~~~ ,e added to the IBC to provide as follows: 1805.3.3 ~~~~ • roofing Hy~raii,~ic EIe~~I;D~:,.Shaft Pits. Elevator shafts shall be designed to ~::~•~, PF r. ,. prevent the iri'~;an of water iita ;the hyd`~aulic elevator shaft pit, with accommodation made for ,~~ r ,~ r~ the high groundw~~~~y.table in t1x~=ity of Meridian, in accordance with American Society of Mechanical Engmee~~;};st?xldardj.'1.1, section 2.2.2.3. IBC section 1807.1.4 shal~:~e(~eleted, and replaced with language to provide as follows: 1807.1.4 Wood Footings or~~~oundations. Regardless of the provisions of the International Residential Code, this chapter, related chapters, appendices or tables, the City of Meridian shall not allow the use of wood, treated or otherwise, for footings or foundations. IBC section 3002.4 shall be amended to provide as follows: 3042.4 Elevator Car to Accommodate Ambulance Stretcher. Where elevators are provided in buildings two (2) or more stories above, or two {2) or more stories below, grade plane, at least one (1) elevator shall be provided for fire department emergency access to ail floors. The elevator car shall be of such a size and arrangement to accommodate an ambulance stretcher ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, ANA LOCAL AMENDMENTS PAGE 3 OP 7 DRAFT October t5, 2013 twenty-four 6y eighty-four inches {24" x 84") with not less than five inches (5") radius corners, in the horizontal, open position and shall be identif ed by the international symbol for emergency medical services (star of life). The symbol shall not be Iess than three inches (3 ") high, and shall be placed inside on both sides of the hoistway door frame. The appendices of the International Building Code shall be amended with the deletion of appendices A {employee qualification); C (agricultural buildings}; G (flood-resistant construction), J (grading} ,K (administrative and electrical ), and M {tsunami-generated flood hazard). All other appendices shall be mandatory. The International Residential Cade shall be amended w~lc~ ~fle° deletion of parts VII (plumbing) and VIII (electrical}, and appendix L {peg m~~~~es). A new section, section R105.1.2, shall be added 1Q~the~~TRC to~p~pyide as follows: R105.1.2 Pei~rlits Required For Prefabricated A~i~'abile Structuresr~T,o prefabricated structure, ,,.::.; mobile home, or house trailer shall be installed ~~exected, constructed, efij;~rged, altered, repaired, F~~'i="r "~'."r:. moved, improved, removed, converted or dem~i~~s~ed unless a separate p~Iix~i~t for each building or structure has f rst been obtained from the builct~ri'g~officia~Y,r~~ny mobile ford:: house trailer, or refabricated structure constructed;. a~ior to moviri~~h;o~`~~'~~cement on an ~~~~r arcel within the it shall be considered as a bui~ r~prr~•t :,~rf~rs~`,"r",. y `~ p y ~;I~~,~~,strueture subj~~~ to regulation by the International Residential Code as adopted and ameii~~,• ~`~~, chapter:''°°"~_~~;.,, IRC section R1Q5.2{1) shall~be amendei~'Q incluli't~~ follo~ii ~`:_ R105.2 1 8` ~ ''°~s:~f ,.r~~;;; ~ F ;•, Work Exem~~jj't From~Permit. ~:' • r :: 'f 1r a;ar' ~~r: %k .k ~ ~,t~ •r?•r,". , ~ ::rr„,.~ ?,^ ri_ti rirJ~ r r .j+r/i 11. One-story detacheciraccessory ~t~~ICtures use~~ tool and storage sheds, playhouses and similar uses, shall not ex~~d a floor: aria of one k~~dred twenty (120} square feet, and a maximum,h,~~g1~t ¢f eight feef;~($') m~~~u~~~l.,~o mic~~~gnt. Midpoint shall be defined from grade {groun~r l~~v~l} to''mldp~~~nt between the top`o~~ fhe: wa11-R'and the peak of the f nished roof. The detaeli~~~accessory strib(i~c place~i~,nt in rear ya~~ef`setbaeks or side yard setbacks must conform as specl~#~`~~3~v the Meridi~n_,i~lannu~.d~bartment. Anew sectioi~,~=~;~tion R108.5~~~;shall Iie'~added to the IRC to provide as follows: RI08.5.1 Permit'1~~'~ efunds. t~~"~:.to eighty percent (80%} of the fees paid for a valid permit may rr ~.. be refunded to the p~ ; - ~~ hold ~ ~~" on request. The pexmit holder shall request such refund in writilt to the Buildin ~ar.~~i i~'ri~later than one hundred eighty (180) days fallowing the date of permit issuance. Plan revie:Vt7~~ees shall not be refunded in part or in whole after completion of 1..: /,r plan review. A new section, section R108.5.2, shall be added to the IRC to provide as follows: R108.5.2 Permit Transfer. A building permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the Building Official. Expired permits may not be transferred. No permit transfer may be made without written approval of the Building Official; if transfer is attempted without written approval of the Building Official, such permit shall be deemed void. ADOPTION OF 20X2 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2Q09 INTERNATIONAL ENERGY CONSERVATION CODE, ANA LOCAL AMENDMENTS PAGE 4 01~ 7 DRAFT as IRC section R301.2.4, shall be deleted, and replaced with language to provide as follows: R301.2.Q~ Floodplain Construction. All development located in the Meridian Floadplain Overlay District is required to meet the provisions of the Meridian Flood Damage Prevention Ordinance, Title 10, Chaptex 6, Meridian City Code. IRC section R302.6 shall be amended to provide as follows: R302.6 Dwelling/Garage Fire Separation. The garage shall be separated as required by table R302.6. Openings in garage walls shall comply with section R302.5. This provision does not apply to garage walls that are perpendicular to the adjacent dwelling unit wall. Walls and ceiling of garages shall be covered with not less than 5/8-inch (15.9 • ~#ype X gypsum board or equivalent. , '~ ~°~~ ~ New language shall be added to IRC section R315.2 Where Required In Existing Dwellings. within existing dwellings that have attached gar appliances, carbon monoxide alarms shall be pf IRC section R322 shall be deleted, and replacecXapy R322 Flood-Resistant Construction..r~11] deveIopmei t:-rr,~ Overlay District is required to meet•t~ ~x4v~sions of Ordinance, Title 10, Chapter 6, Merid~i~.n,~Crtyr~,ode. IRC section R402.1 R402.1 Wood. Regan related chapters, app: treated or otherwise, or fables, the 10-1-3: affect ~ suit action Grp; liability~~~f~`rred, nor any 'e f ~a.{. ordinance r~'~led hereby. affected by th~~~~J~pter. t3ctober 15, ZC~13 ~;osfi~o~~1~. as follows: ~'iil'terior 6~"~Zt,~•egniring a permit occurs in existing c1~'av~,~-~ings with fuel-fired in accordance ~~~'°wr~h :>sectian R315.1. ;e to provid~~~foIlows: the Meridian`I~3~odnlain Flood Damage Prevention ding Code, this chapter, allow the use of wood, ammended herein shall be construed to any court, or any rights acquired, or or c~ti~~s, of action accrued ar existing, under any act or °.'1.~.~.a>p. s~Iall ariy;~ght or remedy of any character be last, impaired ox 1Q-1-4: VALIDITY~~~,., s ~~:` The City Council hereb~~;decli~~~ that any section, paragraph, sentence or word of this chapter or of the codes as adopted ar"ii~~:~~~iinded herein be declared for any reason to be invalid it is the intent of the Meridian City council that it would have passed all other portions of this chapter independent of the elimination here from of any portion as may be declared invalid. 10-1-5: PENAL" TIES: A. Misdemeanor; Penalty Imposed: A violation of this chapter is hereby declared to be a misdemeanor and any person who violates any of the pxovisions of this chapter ar of the international building code, international xesidential code, and international energy conservation code, as adapted and amended herein or fails to comply herewith, or who violates or fails to comply with any ordex made thereunder, or who builds in violation of any detailed statement of ADOPTION OF 2012 INTERNATIONAL BUILllING CODE, 2009 INTERNATIONAL RESIDENTL4I, CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS PAGE 5 OP 7 DRAFT October 15, 2t~13 specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or fails to comply with such an order as affirmed or modified by the board of appeals as provided far under the international building code or by a court of competent jurisdiction, within the required time, shall severally far each and every such violation and noncompliance, respectively, be guilty of a misdemeanor. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and alI such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibitive conditions are maintained shall constitute a separate offense. B. Removal of Prohibitive Conditions: The application of the ~abave penalties shall not be held to prevent the enforced removal of prohibitive condi#ions. ;;.,~'-.:`,, C. Civil Action: Whenever it appears to the city cod to engage in any act or practice violating any prgs`S institute a civil action in the district court to er~~i~ce showing that a person has engaged or is about ft~ violation of this chapter, a permit or temporary irijij as the court deems appropriate may~be^ Rgranted. The any bond in said civil proceeding. '°'r~s;:;r~:::~°~f~,;;,, ;F!iii of this chapte compliance with ;age in anY act or 1 has engaged or is about he city council may r. ;~°~~apter. Upon a .•= R%•. ~ti~:~~Fconstitutina a shall not be ~r such relief red to furnish D. Working Without Permit: Any personvrho~`ci}~nces or'`~;~t~ses the commencement of work for which a permit is requ~„~~~.; whether sii''1 work i`~~~s'uctural, ~bil~~~ng, electrical, mechanical, plumbing, fire, or sp~~~,li~~d~~~'#t~ature, wi~hi~ut firs~~~~l~~tiingfeaeh rind every required permit, shall, upon applicatiQ~r~'or such pit or peilr~i~~~~~~~}%~a double~spermit fee or fees, as established b fee scltr~i;'~e. This ~ii~~ision sha~l~k`.~t a 1 to eerier enc re air work erformed ~a PP Y g Y P p Y ,~,,..,, Pt...~ ~~ during off business hours~~?y;~ere S~'G:.emergencr~pair work is undertaken in order to reinstate operational ~1~,~,rs¢rlong a~ ~~~.~d e~'~~y,,appho~~~e permit is obtained on the next business day. ...~ ~~~`~"~ ~~ y'~ ''~:., `r~~~' ~~.=::.~y.Y,;' ~ :; ~f~'. ~ f ~e:~fi,~n 2. That tli~a6~dinariC~`:'~hall be effective on January 1, 2014. PASSEiD~by the City C~'.Ta, cil of tfi~ City of Meridian, Idaho, an December , 2013. of the City of Meridian, Idaho, December , 201.3. APP120VED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AIvIENDMENTS PAGE G OF 7 DRAFT t~t~ober 15, 2013 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 13- AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CQDE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITjX~?SAND PENALTY SECTIONS; AND PROVIDING AN EFFECTIVE DATE. ,.s;f:~~:a°'' Llty ox 1Vierlcilan Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adapted after first reading by Idaho Cade § 50-902: YES` Second Reading: Third Reading: The undersigned, certifies that~.~he'~~s DATED 0.of the City of Meridian, Idaho, hereby ~:~ reviewed a copy of the attached `~aho, and has found the sarne to be true and pursuant to Idaho Cade § 50-901A{3). W1111am. L.M. Nary City Attorney ADOPTION OF 2012 INTERNATIONAL BUILDING CODE, 2009 INT'ERNA'f10NAL RESIDENTIAL CODE, 2009 INTERNATIONAL ENERGY CONSERVATION CODE, AND LOCAL AMENDMENTS SAGE 7 OF 7 Meridian Ci#y Counci! Mee#ing qC DATE: October 15, 2013 ITEM NUMBER: $~ PROJECT NUMBER: ITEM TITLE: Fire Department Report Fire Department Report: Adoption of 2012 International Fire Code and Local Amendments (Title 10, Chapter 4, Meridian City Code) MEETING NOTES Community Item/Presentations Presenter Contact Info.lNotes CLERKS QFFtCE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DRAFT 4ttober 15, 2013 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMSA AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 4, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS THERETO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian hereby Ends that good cause exists for the adoption and following amendments to the 2012 Inter aonai Fire Code (IFC}, and that such amendments are reasonably necessary for the protect~i '~~the public health, safety, and welfare; ~^ss;;;6r~ ~~f WHEREAS, the City Council of the City amendments da establish at least an equivalent le WHEREAS, a public hearing on the ai following provision of the proposed language of 1 Contractors of America, Associated,Bulders and Association of Building Officials, I~~p=~~ ociat _„ REALTORS®, Idaho Building Contr~~f~i's~.As~~! Chapter, Idaho Fire Chiefs Association, ~cl~~ha 'S'~: Independent Living Coupc~:~s;~Sauthwest Itl~o Bu U.S. mail, on October,~~~ Valley Times on Oct~'liE ~~~_ NOW, THERE] THE CIT~Y~~(~?`~-,~~y~lil~i] r,.~~~"tion 1. That"~% REPLA as follows: rte" Z}~, ~P'~~~~.'.~x ~~'~~'~on.ar °~'°':': '•~~%P.^ fr ~~,•f 10-4-1: FIRE CODE A ~~dian h~~~. finds that the following •~r.=.,. protection tout of 2012 IFC; and was conducted~o'~Vovember 2b, 2013, of Tt~~f%o Cities, Idaho Idaho Association of i Institute of Architects Idaho anal Engineers, Idaho State ~~~xdaho Building Trades, by rfc`'and place thexeof in the BY THE MAYOR AND COUNCIL OF 0, G1k~p,~~er 4, Mer''dian City Code, shall be REPEALED, and ~..~ .r~~. rra~ ',ydy 1P , .y:1 ' '' a"~~~ e_'y ~f •'~.l.~:e.'.~ .,}_.,~r '°`'`~~° ~"`'`Chapter 4 f::`~:: FIRE CODE There is hereby adopted by the mayor and the city council of the city of Meridian, county of Ada, state of Idaho, for the purpose of regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the city of Meridian, Idaho, and providing for the issuance of permits for hazardous uses or operations; and each and all of the regulations, provisions, conditions, terms, and appendices of such International Fire Code, 2012 edition, published by the International Code Council, Inc., and the same are hereby adopted and incorporated as fully as if set out at length herein, with the revisions, additions, and deletions ADOPTION aF 2012 INTERNATIaI~IAL FIRE CObE AND LOCAL AMENDMENTS PAGE I OP 7 DRAFT October 15, 2013 thereto as set forth in this chapter. From the date in which this chapter shall take effect, the provisions of the international fire code, 2009 edition, and the revisions, additions, and deletions thereto as set forth in this chapter shall be controlling within the limits of the city of Meridian. 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2009 edition (hereinafter IFC} conflicts with a provision of Idaho Cade, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply: IFC section 103.2 shall be amended to read as follows: .~.~~~~~~~"~" ~.~..s=~°,r: Section 103.2 Appointment. The code official shall be #.]~echief of the city ofMeridian. In the absence or by designation of the f re chief, the dep~ity~chiell.~,~ prevention or designee shall .,~,;~ be the code official. t...: `'~'°`"~' d; ; •.~ x'.'.. fd ~ . ~ .. v - .~r'd.ayY d.`. IFC section 103.3 shall be amended to read,;~~;~'ollaws: ~"acoe.r Section 103.3 Deputies. In accordance with tHi~~ ' ~,escribed procedures of~~h~X , ity of Meridian the 1.,.., •~.:.•. fixe chief shall have the authority to appoint a deputy?axe chae~l~re preventio~~.;p~ other technical officer inspectors and other employ,.ee~. •-:r•:~':..;..~.:~:;:;:~~~ -=:r~.~• r:... ~,.... ,, .,„.~~ IFC section 104.1 shall be amendeci~~t~'' ~ea~'' follows:``~~~ r~~ 4-~' ,:a~ ~:::t::'~ Section 104.1 General. The fire code o~f'IaI is 1~~re~y authoY'~~~c~, to enforce the provisions of the IFC as herein adopted and~amended al'ia~d~hall hav~p autho~l~~~o render interpretations of eP~ ,~~, ~~~~, ~ ,,~ # f ddr• s d •~° the IFC as herein ado ted acid Mended, and;ta adopt ptslt~z~s; proc~t~ures, rules and regulations in order to clarify the~a~p~icatzond~.such prov~iQns, ~ueh itif'e~p~etations, policies, procedures, rules and regulations ~l~;dll.~be in co~liance witl;~lle intent and puzpose of the IFC as herein adopted and amended an~`~t~ll np'~~ye the effeot~~f waiving requirements specifically provided for in the I,~G:,~~h~r~~n ado~l~~,d~~~~id°arrle~ded. d . F d..f x' e. dd .d'Jy. t Il,." d T:.,.::.'~lF?t" .'.:!'~~~''~. rr2f.~dQ~^ Y'bNd„.~°.~",.'.~".~.~ .a ``:Y :i. The fit•~ ~c~Ief is author~~~t+,~o admu~ster and en~'a~ce the IFC as herein adapted and amended. Under t~ie,:~i~ chief s direc z~~;. the ~~e~~lepartment is authorized to enforce all ordinances of the tit ~~;:.~~ ~ f . city of Melzc~i~~n~ertaining to;; ~ d~r;r a~~ ~,. f . ,; a a. The prevenfi~rtof fires; ~ '°s' b. The suppression~~~~ extinguishmn~nt of dangerous ar hazardous fires; +~ 3.pfa c. The storage, use anc~:~Iandling'~~hazardous materials; ~.~~ d. The installation anc~ ~Ialnte%~'i~e of automatic, manual and other private f re alarm systems and fire-extinguishing equzp~~it; e. The maintenance and regulation of fire escapes; The maintenance of f re protection and the elimination of fire hazards on land and in buildings, and other property, including those under construction; g. The maintenance of means of egress; and h. The investigation of the cause, origin and circumstances of fire and unauthorized releases of hazardous materials, except that for authority relafied to control .and investigation of emergency scenes, IFC section 104.11 shall apply. ADOPTION OF 2012 INTERNATIONAL FIRE CODE ANA LOCAL AMENDMENTS PAGE 2 OF 7 DRAFT 4ttober i5, 2~i3 A new section shall be added to the provisions of the IFC as follows: Section 104.10.2 Fire Prevention Personnel And Police. As requested by the fire chief, the chief of police shall be authorized to assign such available police officers as necessary to assist the fire department in enforcing the provisions of the IFC as herein adopted and amended. A new section shall be added to the provisions of the IFC as follows: Section 105.3.9 Working Without Permit. Any person who commences ar causes the commencement of work for which a permit is required under the IFC as herein adopted and amended or under other provision of law without first obtaini~ch and every required pexmit, shall, upon application for such permit or permits, pay a dou~I~~~~ermit fee or fees, as established by fee schedule. This provision shall not apply ~o~nergency repair work performed during off-business hours, where such emergency operational status, so Long as each and every appli day. xd IFC section 109.4 shall be amended to read `~~`~i<o: >. ~ a. Section 109.4 Violation Penalties. Persons who rsF adopted and amended or shall fail to.,,camply with a~ ,: • ~.,rnr.•,n..~ erect, install, alter, xepair or do work f~=~~:~~q~~tion of [,h se ~' Y '{. A'~,,~~r directive of the fire code official, or o~~~~i~~tpr c herein ado ted and amended, shall be U~t~ of~~~rri p g Are y ,•~ Qo than $500.00 dollars or b~~,~~p~sonment i~gexceez imprisonment. Each d~;~tI'~ violation eor'l~fi~ues,, deemed a separate ken in order to reinstate ~d on the next business ision of°~:~FC as herein nents ther~~~:or who shall it~oved construction documents or t~;t~sed under provisions of the IFC as :~:;:;., ~nar~:~~unishable by a fine of not mare days; q~~~.,,oth such fine and ~.. .g~;d ,~°notlce hds been seined shall be IFC section 1ll.4 shall li~'~menc~~,~:~o read as'~~~llows: Section 1114 F~21>ure To Cgf~~i7~~ y ~~~son w~q ,shall continue any work after having been ~'l served .ith,~"stop ~ar~{order' ef~~e~t sucli'vs~ox~c:as t}ia't person is directed to perform to remove a viola~xo,''or unsafe ca'ndXtl,~n, sh~~~ flee guilty of~a. r~Iisdemeanor, and shall be liable to a fine of not less t ~'li;,$100.00 doll~sr~nd not~c~xe than $500.00 dollars. ' a!r" IFC section II~R~~~shall be arrig~#led to read as follows: Section 113.5 Pe~~lnf~# Fee Refyri~s. Up to eighty percent {80%) of the permit fee paid maybe :. refunded to the permX~`k~~lder t ~'~~""request. The permit holder shall request such refund in ~f•. f a writing to the public w~~k~>.c~ir~ct~r ar designee no later than one hundred eighty {180) days .i`~~~a'n'n'l> .~~1.'~.. following the date of peranl~~~suance. Plan review fees shall not to be refunded in part or in whole after completion of plan review. A new section shall be added to the provisions of the IFC as follows: Section 113.6 Permit Transfer. A permit granted pursuant to this code may be transferred from one permit holder to another permit holder upon written request by the current permit holder to the public works director or designee. Expired permits may not be transferred. No permit transfer may be made without written approval of the public works director or designee; if transfer is attempted without written approval of the public works director or designee, such permit shall be deemed void. AbaPTIaN OF 2012 INTERNATIONAL SIRE CODE ANll LOCAL AMENAMENTS PAGE 3 OF 7 DRAFT A new section shall be added to the provisions of the IFC as follows: Section 501.4.1 Fire Hydrant Installation Timing. All necessary fire hydrants shall be installed and operational before any combustible materials, as such. term is defined by the international building code, 2009 edition, may be brought onto the site. Failure to comply with this provision will result in a stop work order which shall be effective until all necessary fire hydrants are installed and operational. IFC Section 505.1.1 shall be amended to read as follows: Section 545.1..1 Address Numbers. New and existing buildings shall have approved address numbers, building numbers, or approved building identif catiori'~~aced in a position that is plainly legible and visible from the sheet or road fronting th~p~•o~erty. These numbers shall contrast with their background. Where required by the f ~.e~ce~e official, address numbers shall ~, ~.r be provided in additional approved locations to facilit~e ° ~;~Iiergency response. Address numbers ~.> shall have a minimum stroke width of one-half inch~Q.~~'~ and of ~i~:~~olor contrasting with the s., ~ • s:, background. The required height of each address i~"ri~ier shall be cal;~~i~ated by the distance of the addressed building from the road, as follov~~r ~"VVhere the building is'~~s than one hundred feet {100') from the road, the height of each address''~~imber shall be six inched={"G") in height; where the building is one hundred feet to one hundred fifty feet (10~}~d,~0'} from tfie~o~d, the height of each address number shall be at leaslsE~ht inches (8'~~ ~h1~~i~E; where the btul~h~ is one hundred fifty-one feet to two hundre"`i number shall be ten inches (10"} in hey; hundred fifty-one feet (201 251') from twelve inches (12"} in he~g~;~.;,,,r, 1 200') fi`oithe road, the height of each address f~ • axe the builc~i~is two hundred one feet to two ~cl~tl~~; liei~ht o~'~a~h address number shall be 4Ctober 15, ZCI13 The exceptions to IFC section 903.3.7 Section 903 7~Ft;.E shall be ~vtTiln ogle' read ration of the fire department connection except that three- and four-plexes do not A new secf~o>~ shall be adde~`~iu the p Section 943 3 8`nox caps. E~G~ and be equipped with' a l~noa cap. ~'a' ans of the IFC as follows: fire department connection andlor standpipe shall Anew section shall blr.~c711e~1;~f~~'the provisions of the IFC as follows: Section 903.4.1.1 All Suils~~`f'~ That Are Required To Be Sprinklered. An approved audible {f~ sprinkler flow alarm to alert a occupants of each tenant space shall be provided in the interior of the building at a normally attended location within each tenant space with a minimum of one per floor. A new section shall be added to the provisions of the IFC as follows: Section 903.4.2.1 Alarms. Approved audible devices and visual alarms with a minimum candela rating of 1 i 0 shall be connected to every automatic sprinkler system on the exterior of the building per NFPA standard 13 located above the fire department connection. Such audible and visual alarms shall be activated by water flow equivalent to the flow of one (l) sprinkler of the ADOPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AIviENDIvIENTS PAGE 4 OF 7 DRAFT C~t~ob~r 15, Zo~3 smallest orifice size installed in the system. Where a fire alarm system is installed, actuation of the automatic spI'inkler system shall actuate the building fre alarm system. IFC section 903.4.3 shall be amended to read as follows: Section 903.4,3 Floor Control Valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in institutional and multi-tenant buildings two or more stories in height. A new section shall be added to the provisions of the IFC as follows: Section 903.4.4 Location Of Fire Sprinkler Controls. Sprinkler riser and appurtenances shall be enclosed in a one hour rated room equipped with an exteriordaor. The eacception to IFC section 906.1(1) shall not IFC section 907.1.2 shall be amended to read a Section 907.1.2 Fire Alarm Shop Drawings. submitted for review and approval prior to sy limited to, aIi of the following: •`'~~t; 1. A floor plan that indicates the use of all rooms: 2. Locations ofalarm-initiating dev~e~~a.. 3. Locations of alarm notification a~p~~auce~, incl notif cation appliances. ~~~~:~ ~~~°' ~a'r~~• s~ 4. Location of fire alarm control unit, tr`ar'SPori~~x 5. Annunciators. .....:.~. `~~~=,. 6. Power connection. 7. Battery calculation 8. Conductor type an. 9. Voltage drop calcu 10. Manufacties':~ed~ 11. De(als~of ceiling heg~~t,a {. 12. The i~ir>=xface of fire saf~t 13. Classifie~f~gn of the super W~.R,• 14. Fire alarm~~~raya!ings shall ,ova 15. Declaration of~o:~.cuDanev Anew section shall for f r~:~~larm systems shall be L: .. J' ~. and sh~~~~~lude, but not be ratings for visible alarm power supplies. and listing information for equipment, and drawn to I/g" scale. provisions of the IFC as follows: Section 907.1.4 Non-Reijurg~yFire Alarm Systems. Where fire alarm systems not required by the IFC as herein adopted aridamended or other provision of law are installed, any and all notification devices shall meet the minimum design, installation, and occupant notification requirements for systems which are required by the IFC as herein adopted and amended or other provision of law. Anew section shall be added to the provisions of the IFC as follows: Section 907.1..5 Partial Or Limited Fire Alarm Detection Systems. Where partial or Limited fire alarm detection systems are installed, any and all notification devices shall meet the ADOPTION OF 2012 ANTERNATIONAi, FIRE CODE AND LOCAL AMENDMENTS PAGE 5 OF 7 DRAFT October 15, 2013 minimum design, installation, and occupant notification requirements applicable to full and/or unlimited fire alarm systems. IFC chapter SO shall be amended as follows: Chapter 8U Referenced Standards. Where National Fire Protection Association standards are referenced, such provisions shall refer to the 2010 editions of the National Fire Protection Association standards. Appendices Mandatary. All appendices, including appendix A, appendix B, appendix C, appendix D, appendix E, appendix F, appendix G, appendi~I~ appendix I, and appendix J ~...... ,,,,_~. shall be mandatory, with this amendment: '~'~~'' ~..,..,~ ,~•.•.•.•r.~,..r. IFC section D105.3 sha[1 be amended to read as follovl;~"~'' ° :r~~f D105.3 Proximity to Building. At least one of the:t?ec~~~'red acc~J~~.~outes meeting this condition shall be located within a maximum of eighty-fiv~~~t (8S') from tli~~o~~nter Line of the building to the center line of the access road, not to ex~~~t~~fty-five feet (SS )'f~u~Xtical height. The side °„ems rr.~~ of the building on which the aerial fire apparati~;tccess road is positione~~1~a11 be approved by the first code official. FY''~~~:~~.•. .. ~a~~°:. •' ~'`` . Section 2. That this 1, 2014. on December , 2013. 2013. A Jaycee Holman, City Clerk ADOPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDI4IENT5 PAGE G OF 7 PASSED by the City Council of;the Cite. o DRAFT Ot~ober 15, 2013 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0.13- AN ORDINANCE REPEALING AND REPLACING TITLE 10, CHAPTER 1, MERIDIAN CITY CODE, ADOPTING THE 2012 INTERNATIONAL BUILDING CODE, 2009 INTERNATIONAL RESIDENTIAL CODE, AND THE 2009 INTERNATIONAL ENERGY CONSERVATION CODE AND LOCAL AMENDMENTS THERETO; ADOPTING SAVINGS CLAUSE, VALIDITV°'~AND FENALTY SECTIONS; AND PROVIDING AN EFFECTIVE DATE. ,.?'cscs.:~!~r,> City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading 11y Idaho Cade § Sd-902: YES_ Second Reading: Third Reading: of the OF The undersigned, certifies thatkie~1L provides ~ac~~quate no~~~e to the DATED this;:;:;:::;.,, day pursuant to ,Y AS TO 13- of the City of Meridian, Idaho, hereby s~ reviewed a copy of the attached E~~ho, and has found the same to be true and pursuant to Idaho Code § 50-901A(3). 2Q13 jNilliam. L.M. Nary City Attorney Ai)OPTION OF 2012 INTERNATIONAL FIRE CODE AND LOCAL AMENDMENTS PAGE 7 OF 7 Meridian City Council Meeting ~a DATE: October 15, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community ItemlPresentatlons Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TQ AGENCY SENT TO APPLICANT NOTES INITIALS