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2014-06-03
WE�4 CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 03, 2014 at 6:00 PM Roll -Call Attendance X David Zaremba X Joe Borton X_ Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of May 21, 2014 City Council Special Meeting B. Approve Minute of May 27, 2014 City Council Meeting C. Findings of Fact, Conclusions of Law for Approval: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District D. Findings of Fact, Conclusions of Law for Approval: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District E. FP 14-021 Paramount Subdivision No. 27 by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard Meridian City Council Meeting Agenda — Tuesday, June 03, 2014 Page 1 of 3 All 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. Request: Forty (40) Building Lots and Two (2) Common/Other Lots on 11.36 Acres of Land in the R-8 Zoning District F. Award of Bid and Approval of Agreement to AME Electric, Inc. for the "Wells 9, 21 & 22 Control System Upgrades - Construction" project for a Not -To -Exceed amount of $164,491.00. G. Recreational Pathway Easement Between Jack's and Jesse's Place LLC and the City of Meridian for Jack's Place Subdivision H. Approval of Task Order 10494.a for "Locust Grove Waterline Extension, Blackrock to Reflection Ridge - Design" to JUB Engineers in the Not -To - Exceed Amount of $94,934.00. I. Authorize the Purchasing Manager to issue and sign a Purchase Order to CSHQA, Inc. for the Public Safety Training Center Design Reimbursable for the Not -To -Exceed Amount of $36,500.00. J. Authorize the Purchasing Manager to issue and sign a Purchase Order to Ewing Company, Inc. for the Public Safety Training Center Construction General Condition Reimbursables for the Not -To -Exceed Amount of $94,825.00. K. Resolution No. 14-992: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Sell Surplus Property to the Idaho Commission for the Blind and Visually Impaired, Another State Government L. Resolution No. 14-993: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records for the Meridian Public Works Department M. Quitclaim Deeds from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange 6. Community Items/Presentations A. Amended onto the Agenda: Youth Scholarships Presentations B. Public Works Week Proclamation C. Mountain View High School Lacrosse Team Proclamation D. Proclamation for Rocky Mountain High School Girls Golf Team Champions Day Meridian City Council Meeting Agenda — Tuesday, June 03, 2014 Page 2 of 3 All 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. 7. Items Moved From Consent Agenda None 8. Action Items A. FP 14-022 Revolution Ridge Subdivision No. 1 by Conger Management Located 1100 W. Riodosa Drive Request: Final Plat Approval Consisting of Forty -Five (45) Building Lots and Four (4) Common Lots on 14.24 Acres of Land in the R-4 Zoning District Approved B. FP 14-023 Sagewood Subdivision by Sagewood Overland, LLC Located South Side of W. Overland Road, Approximately 650 Feet West of S. Stoddard Road Request: Final Plat Approval Consisting of Two (2) Office Lots, Forty -Five (45) Residential Lots and Eight (8) Common Lots on Approximately 15.62 Acres of Land in the L -O and R-8 Zoning Districts Approved C. Continued from May 6, 2014: Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C- G (81.35 Acres) Zoning Districts Approved with Conditions 9. Department Reports A. Mayor's Office: Resolution No. 14-994: Resolution Appointing Seldon S. "Butch" Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee Approved 10. Future Meeting Topics Adjourned at 8:35 p.m. Meridian City Council Meeting Agenda —Tuesday, June 03, 2014 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 and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council June 3, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, June 3, 2014, by Mayor Tammy de Weerd. Members Present: Charlie Rountree , Keith Bird, Genesis Milam, David Zaremba, Joe Borton and Luke Cavener. Others Present: Ted Baird, Jaycee Holman, Bruce Chatterton, Sonya Watters, Tom Barry, Kyle Radek, Jeff Lavey, Perry Palmer, Ken Corder, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. I'd first like to thank all of you in attendance for joining us today and it's always nice to see our young athletes join us -- our state champions, so we are thrilled that you joined us as well. So, with that said welcome. For the record it is Tuesday, June 3rd. It's two minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard with Cherry Lane -- oops. Ten Mile Christian Church. See, I am a creature of habit, Larry. Woodard: I know. De Weerd: If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Woodard: It's an honor to be here tonight and as we get into summer my prayer is along those lines. Our dear Heavenly Father, we thank you for watching over our city. Meridian City Council June 3, 2014 Page 2 of 44 We thank you for the coming of summer when our city comes alive with activities for our youth and families. Tonight we thank you along with all the Idahoans for the release of Bowe Bergdahl. There are others still in prison, many for their faith. We pray for their release also. Tonight as our Mayor and Council takes up issues important to the future of our city we ask that you grant each of them wisdom. As our city continues to grow we are reminded of the many construction projects going and we ask for the safety of workers and those who drive or walk near such sites. Please keep our city workers safe this summer, our police, our firemen, our EMTs and the various inspectors and other workers throughout the city. Lastly, I thank you for the faith leadership of our Mayor. Keeping a focus on our youth is important as they grow up in a time of moral uncertainty. We thank you for the faith council to assist in keeping community headed in a moral direction. Let's just pause in our thoughts this evening and all in attendance ask ourselves what we can do this summer to make Meridian an even better place to live and work, in Jesus' name, amen. De Weerd: Thank you, Larry. And you do remind us that these are the one hundred most dangerous days for our youth and those are the days of summer and we have done a lot of spring flings and kicking off the summer season and given tips on staying safe and particularly as -- as we have new teen drivers on the road. I had to share that I have a friend recently who has a daughter that just got her training permit and sometimes our kids forget that cars are big and they are -- they are not indestructible, so -- we love our state champions being in attendance tonight and we will pray for your safety this summer as well. But being lacrosse and golfers I know you're rough and tough and I shouldn't be concerned; right? Item 4: Adoption of the Agenda Okay. Item No. 4 -- before I stick my foot in my mouth -- is adoption of the agenda Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With some additions to the agenda, on Item 5-L -- 5-K the resolution number is 14-992. Item 5-1- the resolution number is 14-993. On Item 6 add 6-A to have the youth scholarship presentation and Item 9-A the resolution number is 14-994. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda Meridian City Council June 3, 2014 Page 3 of 44 A. Approve Minutes of May 21, 2014 City Council Special Meeting B. Approve Minute of May 27, 2014 City Council Meeting C. Findings of Fact, Conclusions of Law for Approval: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District D. Findings of Fact, Conclusions of Law for Approval: MDA 14- 006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District E. FP 14-021 Paramount Subdivision No. 27 by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard Request: Forty (40) Building Lots and Two (2) Common/Other Lots on 11.36 Acres of Land in the R-8 Zoning District F. Award of Bid and Approval of Agreement to AME Electric, Inc. for the "Wells 9, 21 & 22 Control System Upgrades - Construction" project for a Not -To -Exceed amount of $164,491.00. G. Recreational Pathway Easement Between Jack's and Jesse's Place LLC and the City of Meridian for Jack's Place Subdivision H. Approval of Task Order 10494.a for "Locust Grove Waterline Extension, Blackrock to Reflection Ridge - Design" to JUB Engineers in the Not -To -Exceed Amount of $94,934.00. Authorize the Purchasing Manager to issue and sign a Purchase Order to CSHQA, Inc. for the Public Safety Training Center Design Reimbursable for the Not -To -Exceed Amount of $36,500.00. J. Authorize the Purchasing Manager to issue and sign a Purchase Order to Ewing Company, Inc. for the Public Safety Meridian City Council June 3, 2014 Page 4 of 44 Training Center Construction General Condition Reimbursables for the Not -To -Exceed Amount of $94,825.00. K. Resolution No. 14-992: A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Sell Surplus Property to the Idaho Commission for the Blind and Visually Impaired, Another State Government L. Resolution No. 14-993: A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records for the Meridian Public Works Department M. Quitclaim Deeds from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the agenda as amended, authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion from Council? Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Amended onto the Agenda: Youth Scholarships Presentations De Weerd: While I move down to the podium I will ask Ken Corder if he would come up and join me. Every year at our State of the City our sponsors of the State of the City event -- their sponsorship not only covers bringing this event to our community, but it also covers youth scholarships and this year reading all of the scholarship applications it Meridian City Council June 3, 2014 Page 5 of 44 was really rewarding. It really tells us as a -- as a community that we have some awesome youth that are doing some amazing things to leave a legacy in this community that they are being raised in and going to school in and it was while reading all of these scholarship applications you saw the many different parts of our community that is touched by these emerging leaders and so tonight we will be recognizing three of the scholarship winners and as I -- I will first read a short description of just a small portion of what they have done in our community. But I think it's very noteworthy that we recognize the many things that they have done. First Micah Gale is graduating from Rocky Mountain High School. He has had a 4.25 weighed GPA and has been described as one of the most inquisitive students his chemistry teacher has ever had the privilege of teaching and I can attest that's true. Micah has been a member of the Civil Air Patrol cadet program for six years, serving as a leader of the ground search and rescue team. He has been a member of the Mayor's Youth Advisory Council, as well serves as a youth commissioner on the transportation commission for the last two years. Using his skills from these two groups he has led MYAC's effort to change Idaho's seatbelt laws. Micha has done many community service opportunities for MYAC and the National Honor Society, such as retail -- Relay For Life and Adopt A Highway litter control. He will begin in the fall college and will be attending MIT. So, Micha, if you will come and join us here in the front, we would like to present this to you. Gale: So, I would just like to take this opportunity to thank our great Mayor and also the men and women of the City Council and sponsors of the State of the City address for giving me this scholarship and it will be extremely helpful in furthering my studies, so thank you, everyone. De Weerd: You know, I would like to say -- and we recognized the seniors of the Mayor's Youth Advisory Council last week and two of our seniors that are in this room, whether it's student athletes or our scholarship winners, we hope that you remember this community after you go off to your -- your next phase in your life in studying and beginning a career, but we do hope that you will remember the road back is paved in appreciation and our desire that you come back to this community, a community that you have already given your talents and your energies and you have made a difference in, that you will come and raise your families here. We need your talents. We can't afford to lose the passion that you have shown, whether it's in sports or your community service, that we would love to see you come back to Meridian and we are working hard to make sure that you have a career worth pursuing to come back to. So, with that said I will read -- our next scholarship award winner is MacKenzie Baird. She's graduating from Meridian High School. She has been a leader in her school, serving on the student body as president for two years, where she worked with the American Red Cross in planning 12 blood drives, helped plan the Buddy Walk, raise funds for breast cancer awareness. She's also been a leader in MYAC, serving on the executive council and involved in the many of our community service projects in the group. In addition MacKenzie has been involved in Teens Against Tobacco and educated middle school students about the harmful effects of tobacco. She raised 800 pounds of donations for the Meridian Food Bank and volunteers at the veteran's home. Altogether she has given more than 700 hours of service to the community over the lasts four years. Meridian City Council June 3, 2014 Page 6 of 44 MacKenzie plans to attend Dixie State University this fall pursuing a degree in mass communications. Please join me in congratulating MacKenzie Baird. Baird: Well, I wasn't planning on speaking today, but I would just like to say thank you so much. The city has given me many opportunities throughout high school and I have learned a lot and if it weren't for the opportunities I have been given, like being a member in Mayor's Youth Advisory Council, I wouldn't be going off to college. I'm going to the University of Utah and I really do hope to come back and raise my family later on in my life. So, thank you very much. De Weerd: And the third student that's here with us tonight is Brooklyn Davis. Brooklyn is graduating from Meridian Medical Arts Charter High School. She has been an active member of her school, her church, and the Mayor's Youth Advisory Council, giving back to the community in each of those sectors. As a member of MYAC she served as the secretary and participated in events such as Rake Up Meridian, Youth Lobby Day and Ball at the Hall. Brooklyn has volunteered her time playing music at the Spring Creek Assistant Living Center, done clothing drives, performed numerous volunteer work as a member of the Key Club where she served as president and I think there is probably not an organization at the Meridian Medical Arts Charter High School that she hasn't been involved in. According to her counselor, Brooklyn will leave a lasting impression on her school, having made it a better place, something I can also say holds true for this community. She is graduating with a 4.0 GPA and plans to Harvard college in the fall to study psychology, biology, and astrophysics. Please join me in congratulating. Davis: Well, I just rushed from rugby practice. I'm sorry. Thank you so much. I joined the Mayor's Youth Advisory Council just last year and it opened my eyes to how loving the City of Meridian is. I have lived in Boise most of my life, but I have gone to school in Meridian, so it's basically where I grew up. All my friends are from Meridian. It's where I hang out and I definitely plan on coming to live here when I grow up. It is the best community ever. I have great mentors. Ken and the Mayor -- I absolutely love them. I look up to them so much and I want to thank you guys so much for the scholarship. It will help me a ton. Thank you. B. Public Works Week Proclamation De Weerd: Okay. Now, we have a couple of proclamations and I don't know how he managed to do this, but our Public Works director put Public Works Week first before our youth athletes and it's just because he is so excited about Public Works Week he wants you to sit through the proclamation and reading about it. So, I think he must have paid something -- someone off as part of it. So, with that said we are in Public Works Week right now and we have a group of very passionate employees that have spent a lot of time putting together a week of activities that share the importance of Public Works in our community and we hope that it also brings awareness to the importance of the work that they do, that will perhaps encourage our youth to pursue a career in Public Works. Tom, if you would like to come forward, I will read this proclamation and ask you to make some comments. Whereas everyone in Meridian's health, safety, and Meridian City Council June 3, 2014 Page 7 of 44 quality of life benefits from this dependable delivery of Public Works services and whereas with 386 miles of sewer line, 470 miles of waterline, 19 active water wells and 4,420 active fire hydrants it's all hands on deck in our Public Works Department to keep the water flowing out of faucets and when it arrives at our treatment plant. Whereas each year we are excited to celebrate Public Works Week with fun activities, including the Public Works Expo, which is tomorrow. The Poop Scoot and the fun run and the Go With The Flow facilities tour and whereas the Meridian Food Bank has received over 8,200 dollars and 772 pounds of food in donations as a result of Public Works Week and whereas the staff and leadership at the Meridian Public Works Department and our Public Works partners understand the importance of the work they perform and are dedicated to serving this community. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim the week of June 1 st through the 7th as Meridian Public Works Week and I call upon all citizens acquaint themselves with our Public Works Department and the tremendous work they do in our community through participating in the various activities of Public Works Week and I present this to Tom Barry. Barry: Thank you, Madam Mayor. I'm very grateful for the proclamation and the recognition of the good work we do in Public Works, which is often unnoticed, because most of what we do is underground. While I make a couple comments I'd like to have Kyle Radek join us. I will introduce him in just a moment. But this is an exciting week for Public Works. Well, actually, every week is exciting in Public Works, but this is especially exciting. We get to celebrate with the community all of the different things that we do throughout the year to keep the process running and the sewers working and all of that kind of stuff. We have a number of different activities and events scheduled for this week, including, as the Mayor mentioned, a big expo which runs from 4:00 to 7:00 tomorrow night and that's -- that's an opportunity for the community to come out and look at the equipment we use, to see the demonstrations and also for kids to come out and learn a little about the city and Public Works. We have a golf scramble. We have fun runs and walks. We have a number of different events. The gentleman to my right is Kyle Radek. He is our assistant city engineer for the water -- for the engineering division and Kyle is also -- we are fortunate to call him again -- our committee chair for the Public Works Week committee and I'd like to invite him up for a few words as well, because -- but before he does I need to mention just how critical having Kyle as our committee chair has been in the success of this important series of activities and events. It's Kyle's leadership and the support that he gets from the other staff that volunteer to serve on this committee that really makes this event happen and I'm very pleased to have him on the team and appreciate all that you have done. So, if you just say a few words. Radek: I want to make these comments brief, because we have got the proclamations to do. I think it's fitting that we have champion athletes here and scholars that are on their way to higher education, because in my mind Public Works is all about making sure that people in the community can reach their potential. If you have clean water that's safe to drink, you have responsible wastewater treatment, then, you don't have to worry about getting sick from salmonella or typhoid or legionella, stuff like that. You can reach your potential. So, I'm proud that -- that we do what we do and -- and I'm glad Meridian City Council June 3, 2014 Page 8 of 44 that we see evidence of the enabling of Public Works for people to meet their potential in this great city that we live in. I encourage people to come to the expo tomorrow night. It starts at -- it starts at 4:00 o'clock, ends at 7:00. You can see what the Public Works staffs do to -- to serve our community. We are all very proud of what we do and we can't do it without our City Council Members and so I would like to take this opportunity to recognize our City Council Members has our partners in delivering Public Works services to this community by giving them a commemorative coin that -- it says Meridian Public Works, Building For Today, Planning For Tomorrow. That's the National Public Works Week theme and I'm proud to offer it to our Mayor and Council Members, because without them we can't do what we do. So, Madam Mayor, thank you very much. Councilman Cavener, thank you. Council Woman Milam, thank you. Councilman Bird, thank you. Councilman Rountree, thank you. Councilman Borton, thank you. Councilman Zaremba, thank you. C. Mountain View High School Lacrosse Team Proclamation De Weerd: Thank you, Kyle. And certainly you can't find anyone more passionate about Public Works than Kyle Radford. He -- and I just messed up his last name. That's all right. I just -- I rename everyone. So, just don't forget that. I will call you Radford again. Just so Nancy -- I didn't relate them. Okay. With that our next item is recognizing our student athletes and we have been very fortunate in the City of Meridian to have a number of championship teams. I will tell you that I have two proclamations. The one I will read tonight doesn't include all of the names, but it will be entered into our public record, so if anyone wants to show their family and kids years from now it will be in the public record that you had a special name or a special day named after you and your team. So, your names will be in the public record. I will give your coaches the proclamation with your names on it, but I will read the one without, because I always mess up everyone's name, as you just witnessed. I will ask our Mountain View champions to come on forward and join me as I read this. And, coach, if I can get you to stand with me. Okay. And also what we will do, guys, after I read this I will ask your coach -- or he might ask you to introduce yourself and what year in school you are, then, I will shake your hand and Ken will give you one of our City of Meridian pins. Again, just our small token of appreciation for you joining us here tonight and a small gesture in congratulation for your achievement. So, whereas being an athlete builds character, confidence, and teaches teamwork, all qualities that are needed to succeed on the field, in the classroom, and in the real world and whereas the Mountain View -- this is the wrong one. I don't think you're the girls track team, are you? Okay. But who knows; right? Okay. Whereas the Mountain View lacrosse team has 20 wins, with only two losses, and recently won the 2014 state championship for lacrosse and whereas capturing the title builds school spirit and allows these student athletes to walk the halls of Mountain View with a little extra swagger and whereas with the help of awesome coaches and team members they were able to transform these players into winners with each team member making valuable contributions, therefore, I, Tammy de Weerd, of the City of Meridian, do hereby proclaim Mountain View High School lacrosse state championship day in the City of Meridian and call upon all of our community to join me in congratulating this team and these members for their remarkable athletic Meridian City Council June 3, 2014 Page 9 of 44 achievement and for representing Meridian so proudly in their state competition. We are very proud of you and congratulate you for your achievements. Morgan: I'd like to thank the Mayor and the City Council for inviting us today. This is a huge honor. It's a great group of guys that have earned this. They have put in the time, they have put in the hard work. This is actually their second year winning state. Again it's a huge honor to be a part of this, got to know these guys. It's sad to see them go, but, you know, love every one of them. It's been an honor, it's been a privilege, and I just wish them the best. We have got some amazing leaders on this team, both on and off the field. Without a doubt we have got some guys that are going to be some CEOs, they are going to come back and make this place better. If they don't come back here, where ever they go they are going to just make that community a better place. And, again, these guys are just -- they are amazing -- amazing young men. They have put in the time. They have great grades. They have done everything they could to just make this a successful group and I can't -- I can't say thank you enough to all you guys. I appreciate everything that you guys have done throughout the years. So, thank you. Thank you to all of you for -- Skelton: Hello. My name is Isaac Skelton. I just recently graduated from Mountain View High School and I just want to say thank you to my coach for all the hard work that he put into us and Madam Mayor for having us here today and I love you, mom and dad, for all the dedication you put into me. Thank you guys. Mackay: All right. My name is Zach Mackay. I'm a junior. It's my second year on the varsity team, back to back state champions. I know we are losing a lot of guys next year, but I hope a lot of us can step up next year and bring three home. Budell: My name is Willy Budell. I just graduated as a senior for Mountain View High School and I want to thank coach and Madam Mayor for honoring us and especially coach of leading us to two great seasons,to two state championships. Garshack: I'm Blake Garshack. I'm a junior. And I want to thank my parents Michael and Dina and my girlfriend Liz and also my Coach Morgan for leading us to the championship and the City of Meridian for this great honor. Holzer: Hi. I'm Brayden Holzer. I'm a sophomore at Mountain View High School and I just want to thank my mom and dad Lisa and Eric and my coach for leading us to the championship and always supporting me. Perrett: I'm Ian Perrett. I'm graduating from Mountain View. I'd like to thank my parents Shelly Perrett and coach and the Mayor for letting us be here. Hollingsworth: Hi. My name is Kris Hollingsworth and I recently graduated from Mountain View, too. I want to thank my parents Mike and Kim and my Coach Morgan for, yeah, just really giving us this opportunity and the hard work he put into coaching. Meridian City Council June 3, 2014 Page 10 of 44 Carson: My name is Chayse Carson. I just graduated from Mountain View High School and I just want to say thank you again, like many of us have said, for this opportunity to be here. It's pretty amazing to just have the chance to get some recognition and be able to represent specifically our city and it means a lot and having a younger brother on the team I look forward to him seeing this and carrying that forward with our team and hopefully have -- we have set a standard for what we do at Mountain View in terms of lacrosse and I'm thankful for Coach Morgan and for everything you have done for us and thankful for the opportunity, so -- Wilson: My name is Asher Wilson and I just graduated from Mountain View and I just want to say thank you to my parents my coach and my boys for -- for giving me the opportunity of all the success we have had over these past four years and for putting lacrosse on the map in Idaho. Carson: My name is Jaden Carson. I'm a sophomore and I just want to thank Chayse and my parents and Coach Morgan and -- for always being there and helping us get state and I want to thank the Mayor for this opportunity and -- yeah. Buss: My name is Josh Buss. I just graduated and I want to thank my mama and my step -dad Mitch and also Coach Morgan, we have -- we have had a lot of arguments just -- and he's normally won them, but it's good memories. I wouldn't want to have like any other last lacrosse memories than with him and the boys and state champion. Bell: I'm Treyton Bell. I'm a sophomore. And, first of all, I want to thank the state of Meridian -- or City of Meridian and the Mayor for this opportunity to be recognized and also I want to thank my dad and my mom and Chayse and Jaden over there and my coach. Can't wait to finish your -- Vance: I'm Troy Vance and I just graduated from Mountain View and I'd like to thank my parents for helping me and helping me select the college to go to and all that process and I'd like to thank Coach Morgan for just also helping me choose the correct college and getting me through high school and all that good stuff. Morgan: We did have a few guys I know a little too humble to say it, Josh Buss and Troy Vance were also All Americans for our league, so -- De Weerd: You know, I would just like to tell the team I think you are the most well behaved and sincere group we have every had recognized. So, I can see why your coach got emotional and I'm sure it will be difficult saying goodbye to a large portion of you, but it's a big challenge to those that are going to be filling your spots to carry on the tradition that you have started in just your first two years of this program. So, congratulations. And I will tell you you don't have stay for the entire City Council meeting. D. Proclamation for Rocky Mountain High School Girls Golf Team Champions Day Meridian City Council June 3, 2014 Page 11 of 44 De Weerd: Generally I would -- so, do we have the Rocky Mountain golf team here? Okay. If you will, please, join me up front. Thank you for being here. And certainly I congratulate all of you for your achievement. Certainly golf is a more individual sport, but it's also a team sport, and we appreciate you being here with us and celebrate your accomplishments. Whereas being an athlete builds character, confidence and teaches teamwork, all traits that are needed to succeed on the field, in the classroom and in the real world and whereas the Rocky Mountain girls golf team recently won the 2014 state championship for golf and whereas capturing the state title builds school pride and allows these students to walk the halls of Mountain View -- or Rocky Mountain -- oh, wow. Yeah. I will have to start over. I'm sorry. No. Whereas capturing the state title builds school pride and allows these student athletes to walk the halls of Rocky Mountain as champions and whereas these team members are the best in the state with the help of their tremendous coaches, with each golfer making valuable contributions, therefore, 1, Mayor Tammy de Weerd, of the City of Meridian, do hereby proclaim Rocky Mountain High School Girls Golf State Champion Day -- try and say that very quickly -- apparently it doesn't work for me. Rocky Mountain High School Girls Golf State Champions Day in the City of Meridian and I call upon all of our community to join me in congratulating this team, these individuals on their remarkable athletic achievement and for representing Meridian so proudly in the state competition. So, congratulations to each of you and, coach, I will turn this over to you. McCrady: Thank you. First and foremost, obviously, thanks to the City of Meridian for recognizing the hard work of these young ladies. It's not just one year that they have done this, but two years in a row and have had an incredible four year run with the two seniors that are now graduating. I want to thank the City Council. Appreciate it so much for you guys taking the time to recognize these kids. They work very hard at what they do and don't get the recognition hardly at all that they deserve and Mayor de Weerd and I -- I think the last time we interacted was about a bill. I think it had something to do with the city works. So, I'm really having -- no. De Weerd: Did I win? McCrady: You won. Yes. But, anyway, it's just a great honor for us to be here and I have been coaching at Rocky Mountain since we opened six years ago. I was at Mountain View for the previous six years before that and I have been a part of Meridian city for a long time and have just been truly blessed and honored to be around such quality, incredible athletes at every school I have been at, but this one in particular with these girls this year was just -- it was awesome and they -- they struggled through an immense amount of difficulties at times with bad weather conditions to bad attitudes to bad golf and they found a way to overcome it all and perform at the highest level against some of the toughest competition in the state and did it as a team and that was my favorite part about the season, just what they accomplished as a team and they know that I'm a pretty emotional guy and I have told them I'm an oak, I'm good, but as I look at my seniors it always make it very difficult to say goodbye. I have two amazing seniors. They are going to get a chance to speak in a second and I tell you this city is blessed Meridian City Council June 3, 2014 Page 12 of 44 with some incredible, incredible kids and we are very fortunate that one of them is going to stay here. She was number one in her class out of 500 and I don't remember -- forty- six or something and she's staying in the valley to go to Boise State on a full ride scholarship and is an incredible student athlete and did all of that while being number one in her class and help lead her team to two state championships and, then, one district championship in Meridian as well. So, it's just -- we are so blessed with incredible athletes and these girls were awesome and they get to go to the next level and participate. I have got another senior that's going down to Utah Valley and getting a chance to play on a full ride scholarship and play golf. So, it's just an incredible blessing that I have been able to be around these young ladies and I'm just -- I'm going to miss them immensely and Ryleigh Moore and Carson Pickett are our two seniors and I will let them speak last. But we will bring up our freshmen. Sydni Kobayashi, who joined the team and played a pivotal rule in getting us to state and, actually, when we got to state had a huge impact on how it turned out and so very fortunate to have her and, then, Hannah Veloz will speak and she is our sophomore and she got an opportunity to play varsity this year and really worked her tail off to get to that point and did incredible things throughout the season just finding the fortitude to make the team and be a part of everything we were trying to do and she really learned a lot about herself as a character person this year and that was exciting. And, then, our junior, who was absolutely lights out at state and got a chance to really help lead our team and it was -- it's just been an honor to be around these kids. So, I will let them share their -- their thanks and I can't, again, say enough how much we appreciate this recognition. Thank you. Kobayashi: Hi. I'm Sydni Kobayashi and I'm a freshman and I'd really like to thank my parents and Coach McCrady for everything they did this year to make it an amazing year and none of it wouldn't have been possible without them both. Veloz: I'm Hannah Veloz. I'm a sophomore at Rocky and I'd just like to thank our coach and our parents for always supporting us and also our teammates and our freshman for going through our little hazing thing that we did. Giesbrecht: I'm Hannah Giesbrecht. I'm a junior and I just want to thank Coach McCrady and my parents and teammates for an amazing season. Pickett: I'm Carson Pickett. I graduated this year. I want to thank City of Meridian for recognizing us and my teammates for making my senior year awesome and my coach for helping me go to the next level. Moore: Hi. My name is Ryleigh Moore and I'd like to thank the City of Meridian for making it such wonderful place to live, you know, the sense of security and also the health that the public service provides -- Public Works provides for us makes it really nice to be able to focus on golf and academics. I'd also like to thank my parents and everybody who was involved these past four years with the Rocky Mountain golf team. They have been like a family to me and I can't imagine what the future will be like without them. Luckily I will -- I am excited to studying at Boise State, so I don't have to Meridian City Council June 3, 2014 Page 13 of 44 figure that out very soon. So, I'd just like to take an opportunity to thank everybody who played a role in helping me in my last 18 years of life. Thank you. De Weerd: Wow. I think we were able to recognize the cream of the crop from our community and congratulate both those that won the scholarships and won our state champions for -- for all of your accomplishments. For the seniors certainly we wish you the best success in your college pursuits and, like I said, I do hope that we see you all back in our community and, Kyle, I think you have a recruit, right? So, go for it. she's number one in her class and at BSU. You got that, right? Okay. Thank you to the parents. You know, I think all the accolades that the students gave to their parents speak really highly to your parenting, the support you have given your athletes and congratulations to all of you and to the girls that golf -- my dad was a golf coach and so I never chose that as a career, because I'd have to golf with him, but I do golf for pleasure now. I congratulate you in your efforts. So, thank you. Item 7: Items Moved From Consent Agenda De Weerd: Well, thank you. We will go ahead and move into our next -- the rest of our agenda. There were no items moved from the Consent Agenda. Item 8: Action Items A. FP 14-022 Revolution Ridge Subdivision No. 1 by Conger Management Located 1100 W. Riodosa Drive Request: Final Plat Approval Consisting of Forty -Five (45) Building Lots and Four (4) Common Lots on 14.24 Acres of Land in the R-4 Zoning District De Weerd: So, we will move right into Item 8-A, which is FP 14-022 and ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. Item 8-A is a final plat for the first phase of Revolution Ridge Subdivision. The applicant did submit a letter in agreement with the staff report after the deadline for the Consent Agenda, but the application is in agreement with the staff report. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay. Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council June 3, 2014 Page 14 of 44 Bird: I move we approve FP 14-022. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. FP 14-023 Sagewood Subdivision by Sagewood Overland, LLC Located South Side of W. Overland Road, Approximately 650 Feet West of S. Stoddard Road Request: Final Plat Approval Consisting of Two (2) Office Lots, Forty -Five (45) Residential Lots and Eight (8) Common Lots on Approximately 15.62 Acres of Land in the L -O and R-8 Zoning Districts De Weerd: Item 8-B is FP 14-023. 1 will turn this over to staff. Watters: Thank you, Madam Mayor, Members of the Council. The next application is also a final plat request for Sagewood Subdivision. This site is located on the south side of West Pine Avenue, between North Black Cat Road and North Ten Mile Road. The applicant requests approval of a final plat consisting of two office lots, 45 residential lots, and eight common lots on approximately 15.62 acres of land in an L -O and R-8 zoning district. The proposed open space complies with the overall project open space approved with the Sagewood development. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. Written testimony was received from Becky McKay, the applicant's representative, in agreement with the staff report, with corrections to site specific conditions number 17 and 18. There was an error in the staff report. Staff has amended these provisions to reflect the correction requested by the applicant, which will be included in the findings document that will be before you in a couple weeks. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: I have none. De Weerd: Okay Bird: Madam Mayor? Meridian City Council June 3, 2014 Page 15 of 44 De Weerd: Mr. Bird. Bird: I move we approve FP 14-023 and include the specific conditions in 17 and 18 as stated by staff. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Continued from May 6,2014: Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts De Weerd: Item 8-C was continued from May 6. It's on a public hearing for AZ 14-001. This item was continued for specific reasons. I will turn this over to staff for comment. Watters: Thank you, Madam Mayor. This -- the City Council heard this annexation and zoning request for this property on May 6th. At that meeting the Council continued the public hearing to the June 3rd meeting. Tonight. Council requested staff work with the applicant to include provisions in the development agreement that will insure a transition between the adjacent rural neighborhood and a proposed TN -R and TN -C zoned areas, with open space and/or zoning. Based on discussions with staff and testimony at the Council hearing, the applicant has submitted revised development agreement provisions the staff feels addresses the concerns of the neighbors and the City Council. I will show the proposed changes to the zoning map that the applicant is proposing. You will note that the R-8 district now extends south and west along the boundaries of these residential lots. Are we good now? Sorry about that, folks. I will go over the provisions the applicant is proposing, amendments to -- in the development agreement. They did add a new provision requiring a pedestrian connection to be made to the adjacent school site as requested by Council. That was number -- actually, it's a new provision 4.1.4 and, then, the existing provisions 4.1.6, they did change minimum of 95 residential units to be developed in the TN -R zone to 75 units based on the reduction in that area with the zoning change. A minimum of 300 residential units are still planned to develop within a C -G and/or TN -C zone areas combined. Staff is in agreement with the changes proposed by the applicant. The Council also requested information from Meridian City Council June 3, 2014 Page 16 of 44 ACHD on what might occur in the future in this area in regard to street and/or sidewalk improvements. Staff did receive an e-mail from Christy Little providing the following information. There is currently curb, gutter, and sidewalk along the north side of Waltman Lane from Linder Road to the west side of the school site. Let's get an aerial up here to show you here. So, this is where the existing sidewalk is here, up to this point right here. There is not curb, gutter and sidewalk on the north side of Waltman in front of the three parcels between the school site and the Ten Mile Center, which consists of approximately 450 feet. That is from this area to the edge of the Ten Mile property right here. An option to complete these off-site improvements may be to ask the developer to complete the improvements and ACHD to reimburse them as a developer cooperative project. The applicant has expressed to me that they are open to that proposal. And there are no plans to improve or widen the south side of Waltman Lane at this time. Staff will stand for any questions Mayor and Council may have. De Weerd: Council, any questions? Bird: I have none at this time. De Weerd: Okay. Would the applicant have anything to add to staff comments? McKay: Thank you, Madam Chair, Members of the Council. Becky McKay with Engineering Solutions, 1029 North Rosario, Meridian. I will keep my comments focused. The Council, obviously, has already heard this item and deferred it for some specific information as far as they wanted us to come back. We have prepared this colored drawing. As you can see, one of the obvious concerns was the way that we showed the connectivity to Waltman. What you see with the trees, the roadways with the trees along them, that's what's shown on the Ten Mile specific transportation plan. Those are the future collectors. As far as how the other roads -- the rest of the roadway network, you know, that will come as site plan -- a site plan and the development plan is worked upon and transportation study will come along with it. I also included what happens to the north. You can see that there is an outlet that goes to Franklin Road and, then, there is another kind of an east leg that loops back over. I did take a look at our R-8 area. I did lay in lots. There is -- the pathway would -- could connect a lot -- adjacent to the existing -- just south of the canal. There is already a pathway there that comes out of Whitestone and goes south directly to the school as you can see there on the aerial photo. There would be another opportunity for a pedestrian access where the school has a hard surface right up to their western boundary, which would be right there off the corner. So, it appears we have two pedestrian options to encourage walking and bicycling into that existing elementary. The other thing that I did is -- this is one option, obviously, for conceptual purposes only. If we -- if a connection -- public street connection were made to Waltman it would be done with a choker -type island connection. It would T'd in and T'd into the single family residential and, then, unlike the first plan where we kind of showed a possible roadway that went on north, so we had a four way intersection here, we just have that T coming in. We'd still allow for traffic to go both to the west and you could still have interconnectivity east, but it doesn't promote a through fare. So, that's one option that would be available. I did look at open space Meridian City Council June 3, 2014 Page 17 of 44 that would work in my conceptual plan. The best open space was along Waltman where we transitioned from those existing deeper lots to the west. There was a nice area that was over an acre that would serve both neighborhoods, would also create a nice look down Walton. That's one possibility. As far as density in a particular area, obviously, staff -- we have increased that -- that R-8 area. We have created a band. We would be just a little over four dwelling units per acre, which is kind of the minimum for that -- that R-8 zone. Then we transitioned to the TN -R and, then, to the TN -C and the C -G as we moved westward. We think, obviously, the planning on this development can coexist with this neighborhood. We do it all the time. We are sensitive to it. We don't have a problem using, obviously, our resources to install curb, gutter, and sidewalk onto the north portion where it -- on Waltman where it lacks it, working with ACHD through either cooperative and development agreement or some other mechanism, because there is existing curb, gutter, and sidewalk all the way to east out to Linder. Do Council have any questions? De Weerd: Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just on that last subject. I appreciate that you and ACHD are willing to work together. Has there been any contact with the three property owners there yet? McKay: Whatever improvements would have to be within the existing right of way. There is 50 feet of right of way there and that is designated as a local street. So, we should be able to fit the improvements in there on -- Zaremba: In the existing right of way. McKay: Right. If we do run into like some slope issues or something along that line, then, we have in the past had situations where we did approach like the property owner asking if they would grant a sidewalk easement. So, we work with the adjoining neighbors, we don't just go in and do it. Zaremba: Thank you. McKay: That's never a good idea De Weerd: Any other questions from Council? Bird: I have none. De Weerd: Okay. Thank you, Becky. McKay: Thank you. Meridian City Council June 3, 2014 Page 18 of 44 De Weerd: We do have a number of people that have signed up, again, against this proposed development. We will accept public testimony based on just the change that is in front of Council, as we did hear public testimony on the entire application. Is there anyone who would like to provide testimony at this time? Come forward. I'm sorry, you will have to speak into the mike. Lambing: My husband had a couple comments he wrote down for me as well, if that's okay. De Weerd: Okay. Does he want to also testify? Lambing: Yes. De Weerd: Okay. If you will, please, state your name and address for the record. Lambing: Christine Lambing. I live at 860 Lilac Street. We are at the corner of Waltman and Lilac. De Weerd: Thank you. Lambing: At the last meeting I made the following comment: We have yet to be presented with clear intent as to the actual number of dwellings proposed, but have been given ambiguous responses instead, all indicating an all too high density plan. I still feel that way. The changes made to their proposal address the minimum units to be developed in the TN -R zone, the minimum units to be developed and they address the change from 95 to 75, and a minimum of 300 units in the C -G and/or TN -C zones combined did not change. I am more concerned with the maximum and planned totals for these areas. Why is that so hard? What are they hiding? It is still wide open to allow for an altogether too high density plan for our rural one acre residential lots. Again, in regards to the property and review for the development adjacent to the Primerose Subdivision be designated R-1, I didn't see an R-8 on the map. I don't know if we weren't seeing it, but there was no R-8 that we could see -- to better keep in line with our long-standing neighborhood. We are still opposed to the current proposal for the TN -C and/or TN -R property. My husband R. Chris Lambing, who lives at the same address, would like the following read: I have read the new revision -- revisions to the plan for the Ten Mile Center project. All I see is that the builders will put in a walkway to Peregrine school and the 95 to 75 dwelling change. The City Council asked engineers of the project to put forth something in writing as to their intent for this project. All they have done is continue their vague descriptions of intent. They state number of maximum -- minimum dwellings. We don't have a total number. We don't have any idea how many numbers are going to go in there. We have a minimum, which is still too high even at that minimum. They state -- it leaves it open -- an open no obligation commitment. We just received our property assessments. It doesn't leave much doubt as to who is going to pay for it. Thanks. Meridian City Council June 3, 2014 Page 19 of 44 De Weerd: Thank you. So, did you want to add to that testimony? Okay. Thank you. And just remember that one, that you did really well, you can use it later on; right? I did see -- yes, ma'am. Thank you for joining us. If you will, please, state your name and address. Weekes: My name is Maggie Weekes. I live at 1010 Lilac Street herein Meridian. De Weerd: Thank you. Weekes: Hearing what she just described, Becky, kind of took me back to our last meeting on May 6 and we had asked her to come up with not options -- were we supposed to do a finer point about more definition about the -- how are you going to merge us together. I thought we were going to get here tonight and actually hear what they planned, not the word options, because it doesn't sound like she's addressed what we asked for. All our concern was how are you going to merge this -- this place you're trying to develop with what's currently there and keep Waltman safe? It's just not -- I didn't hear anything to address that issue right there and that was actually an e-mail that was found online dated May 6. 1 would move that we continue this public hearing and ask the staff to put a finer point on some of the development agreement conditions with respect to the open spaces and the zoning. I didn't really get my answer tonight. So, thank you for your time. De Weerd: Okay. Thank you. Zaremba: Madam Mayor, while she's coming forward, may I ask a question of staff? De Weerd: Yes, Mr. Zaremba. Zaremba: Well, first, let me say I think this may not be very visible on the screen, but one of the mayor changes is that there is an identification that the R-8 zone now has additional area along the south of this project adjacent to the neighboring subdivisions. My recollection is the original one -- both the TN -C and the TN -R went all the way south. So, there is not a very easily readable change to this one. My question to staff is doesn't R-8 have a maximum number of dwellings built into the ordinance, so by declaring that R-8 the maximum is guided by ordinance? Watters: Mayor, Councilman Zaremba, Councilmen, yes, the R-8 district allows for a maximum gross density of eight units per acre. So, what will develop is actually less, typically, after you get the streets out. Zaremba: Thank you. De Weerd: Can you zoom it in a little bit, so they might Watters: Not in the PowerPoint, no. Meridian City Council June 3, 2014 Page 20 of 44 De Weerd: Okay. Please. Ockerman: Jeanette Ockerman. 2070 West Waltman Street in Meridian. And you can just leave this map up. This is a little shocking to me, because this was not the information that was forwarded to me last Thursday. Neither was anything that was said by Becky today. So, I appreciate the fact that they have addressed some of our transitioning concerns with the R-8, that there has been adjustments to the school with a pathway to the school that's addressed more of the student safety and a sidewalk -- or the proposal of a sidewalk along Waltman Street on the north side. I appreciate them listening to us and making those changes. I do have questions about the roadway that is connecting into Waltman. I'm not quite sure what she's talking about when she says a T that slows traffic what that exactly means and since we weren't given the information in advance it's really hard to research it and to give you a solid statement, because what I have prepared is what information I was forwarded from the city last Thursday. However, I do want to make some comments about the information from what I have received as far as connectivity into Waltman Street goes. That street was built over 30 years ago and it may have been intended to connect into Ten Mile and Meridian Road at some point in time, however, the east side of Waltman has been blocked off as development has come in and, then, our side of Waltman Road the property at the end of the road was sold back to a resident in our subdivision, so that the roadway could not go through. We actually are asking you to not allow the connection onto Waltman for several reasons. We feel that the city will still have connectivity without -- that's all right. Without adding in this road into our neighborhood. Our children and grandchildren should not be afraid to ride their bikes across the street or play with their friends, things that are common in any neighborhood, but would be a dangerous pastime if this extension goes through. We have a very straight, long road and it's a huge enticement for speeders going or coming to the Ten Mile interchange or the Ten Mile Center. Our road lacks any sort of calming traffic provisions that are in most subdivisions with twisty, windy roads that discourage traffic. And to top it off, we have a school on our street that adds to the number of children and the increased potential for accidents. The school districts no longer put elementary schools on busy roads, they put them on -- in quiet subdivisions, on quiet streets, to protect the children. They tuck them away. We are asking you not to reverse that pattern by connecting into Waltman Road and actually increasing the traffic on the street and a potential for speeding and for accidents. There are alternatives to connectivity. There are stub streets in the eastern neighborhoods east of Linder and would get them into Waltman. One of those stubs into the Browning development that was before the City Council last month that is proposed to be finished about the same time as the Ten Mile Center, that would give them connectivity laid out that they don't need to use our neighborhood to get out to an interchange or have access to business districts. Also at some point the Linder Road overpass will go in. We have existed down here in our area as a giant cul- de-sac for a lot of years and I think we can last a few more until that interchange -- the overpass for Linder goes over without adding connectivity at the end of our road. We have a unique situation in our neighborhood and we are asking for an exception to the proposed street. We feel that we can coexist with this development. It's going to happen. Growth will happen. But we are asking that you not connect into our Meridian City Council June 3, 2014 Page 21 of 44 neighborhood, so that we can prevent the potential for accidents, for increased traffic, for the danger to children, for the effect it will have on our neighborhood. You would not do this to new neighborhoods. You would not put a road in that will give direct access to an interchange and that goes through a neighborhood and I appreciate your time and I hope you will consider that. Thank you. De Weerd: Thank you. Okay. Any additional testimony? Yes, sir. Good evening. S.Weekes: Good evening. De Weerd: If you will, please, state your name and address for the record. S.Weekes: Yes. Steven Weekes. 1010 Lilac, Meridian, Idaho. Thank you again for taking the time to listen to us. Really do appreciate it. When we go back to the future land use management that -- again that we all spent so much time on -- a lot of the members here did also, we keep on forgetting what they put the time in for. The R-8 changes that we have available now, those are great, but the bottom part of the R-8 down on the road and stuff -- I believe that's the area with the -- that that -- they were saying that where those buffer zones are, those open spaces are, so what does that actually do for us? We'd like to know that. Second, I'm very concerned why we didn't get the information. We have a copy of the -- from last week we got a copy from the city that was in the morning and, then, in the afternoon there was completely different one that did not have the concerns of the Council members in it to begin with. I'm very concerned about that this is what we are given -- shown one thing, then, all of a sudden in the afternoon it's changing. The next thing is -- to make it real simple is let's not connect that road to Waltman. Obviously, that's Ada County's problem. One little road that she has there and she's saying that there is going to be a T there, I'm not sure exactly what she means by that either, but what's the real need for that road to go into that -- that area? Other than that, the -- the TN -R, the amount of homes and stuff that are available that they are saying there is minimums, I do have a concern with that, but those are my biggest concerns and I do appreciate everybody's time tonight and to take a minute and listen to us again. So, thank you so much. Is there any questions that you have for me by chance? De Weerd: Thank you, Mr. Weekes. Any questions from Council? Bird: No. S.Weekes: Again, thanks. De Weerd: Okay. Any further -- yes, ma'am. Atwood: Hi. De Weerd: Good evening. Meridian City Council June 3, 2014 Page 22 of 44 Atwood: I'm Cindy Atwood. 2290 Verbena Drive, Meridian. And I just kind of want to reiterate what everyone else said, but the thing I want to add is what I had mentioned last time was, you know, the barter that was done to keep the school off of a main road and I don't think that we should put less emphasis on the safety of our children now than we did then -- or than the city did then. I just think that's huge and I think, again, that that's a huge reason not to come into our subdivision, because there is just no way to do that without the traffic endangering the children. Thank you for your time. De Weerd: Thank you, Cindy. Okay. Any further testimony? Yes, sir Dawson: Hi. How are you guys doing today? De Weerd: Good. Yes. Dawson: First of all, thank you so much for the opportunity to get to speak to you guys. I appreciate all the neighborhood being here to show your support for each other and for this further development. De Weerd: Can I get your name first? Dawson: Oh, I am so sorry. De Weerd: That's all right. I do know your name. You're an FFA star. Dawson: Janeen Dawson. 2035 Waltman Street. I'd like to thank the applicant for considering what we said earlier at the previous meeting and for making those changes, we really do appreciate you guys attempting to work with us. Along those lines, however, I would like to address some issues that I still see. First and foremost, it was brought up at the meeting before about more specified wording. I understand that there is going to be some issues with that considering we don't have a developer in, all we have is the owner of the property and so specific wording is going to be really hard to maintain right now, but as specific of wording as possible would be much appreciated by the applicant. Furthermore, I just want to relate concrete language, instead of ambiguous pacifications are what we are looking for. We want concrete language here that's going to be solid and firm -- a firm type of communication that we can really grab onto and work from. In terms of the process, I would just like to reiterate that the zoning board is defined as a board or commission under a city's governing body, such as a city council, whose purpose is to separate incompatible uses of land and protect the character of a community. I'm looking at this map and I see the attempts to protect the character of our small community and, once again, I'd like to commend the applicant on that. However, I do see some concerns with the connection of Waltman to -- to the Ten Mile Center and maybe some modification to look at that. And that brings me to my final point about transparency. I don't know if you guys have noticed, but I have a huge miscommunication between the applicant, the neighborhood, the people impacted by this project, and between you guys. I have seen -- I have seen neighbors come up here -- my own neighbors come up here and say, well, we weren't given this information and Meridian City Council June 3, 2014 Page 23 of 44 we are confused and you guys are shaking your head at some of the things they are saying and it makes me wonder about the communication that's being held between all the different parties. I would like to press the applicant for -- I would like to put them responsible for communicating and making sure everybody who is impacted -- not just the people within the 300 feet of the center, but the entire neighborhood is going to be impacted. I press them with the responsibility of communicating with us and giving us the information that we need, so we are not wasting your guys' time. When we come up here and we rant and rave about issues that we don't fully understand because of a lack of information, we can't reach a full and well crafted compromise that's going to benefit both parties. I think that a compromise and cooperation is what is specifically needed for this project. If you have us fighting you this project is not going to be launched as peacefully and successfully as it can be. I think this Ten Mile Center could potentially be a great asset for Meridian if it's implemented in a correct way through working with -- in cooperation with our neighborhood and people who it's impacting. That's all I have to say. Thank you guys. De Weerd: Thank you. Any further testimony? Yes. Johnson: Good evening. De Weerd: Good evening. Johnson: Jennifer Johnson. 2035 Waltman Street. I just kind of want to touch on a few things about the Thursday morning information that we had and how it changed by Thursday night. We have a copy of both and I noticed on the Thursday morning copy it talked about being supportive of the neighborhood -- the neighborhood surrounding the -- or in front of the -- or our neighborhood. Sorry. And that was totally taken out and I wanted to thank you guys for all the questions you guys asked and really talking about this subject and getting some stuff kind of nailed down for us. So, I want to talk a little bit about what I said about impact fees. I know this is not the right time for that, eventually at some point this is all going to impact these other neighbors, besides just the three houses on the north side. Down lower past Lilac -- if you go past Waltman, turn on Lilac and south you have a straightaway shot on Verbena that goes into another subdivision and it's not on this map. So, this neighborhood is affected as well and they didn't get a letter, you know. We sent out fliers -- the people that you did get letters so the people would know about it. So, you're going to have like two straightaways that go straight through Lilac and, then, right up to where it hooks into the new subdivision. So, I can agree with everybody that we need to kind of keep that road closed, maybe make emergency vehicle access only. I don't think it should open at all until we figure out, you know, if we even need to open it. I think that's an ACHD thing. We are not getting any type of wording on how they are going to support us or -- or what's going to be our side and what's going to be theirs or -- we don't know anything about that. So, those are just questions I have. I don't think there was good verbiage. I don't think it was clear. Councilman Zaremba talked about making sure there was language in there and I really appreciate that. So, if we could just maybe look at that a little harder I'd really appreciate it. Thanks again for your time. Meridian City Council June 3, 2014 Page 24 of 44 De Weerd: Thank you. Okay. Anything -- yes. Kromrei: Hi. De Weerd: Good evening. Kromrei: My name is Tonja Kromrie. I live at 2110 Waltman. I'm one of the three properties right next to the property that's going to be developed and when my husband and I purchased the property we knew this was going to be developed and we love the open space, so we know it's going to happen and we are open to that, but I agree with what's being said tonight and I hope that you would listen to that and take that into consideration. Thanks for your time. De Weerd: Thank you. Is there any further testimony? Would the applicant like to wrap this up? McKay: Becky McKay. We spent quite a bit of time taking two different approaches to the problems that the Council discussed at the last meeting. One was to get more specific with the DA and come up with additional provisions that would, obviously, guarantee that we had single family development next to the estate residential, that there was limitation on density and appropriate transitioning as intensities increase and go westward. We sent the -- the applicant's attorney sent some draft provisions over to Sonya. She looked at them. They met on them. And, then, it was kind of determined, well, you know, instead of trying to make sure that we have incorporated every little provision in there, wouldn't it make more sense just to increase the R-8 zone completely across and adjacent to the estate residential. Then in the R-8 zone we -- we included -- we have added 4.89 additional acres of R-8, so we have only R-8 that would abut the existing residential. We agree to maximum of 75 dwellings on the 18.2 acres, which sets the maximum density. That's the maximum. And when I laid it out that's pretty much -- for single family detached, that's pretty much about the most you can get on there, because you have got the canal and pathways and, then, we will have landscape requirements of ten percent and buffering. When I -- when I put my open space adjacent to Waltman it fit perfectly. It was nice. It was usable. It was square. I buffered lots and backed them up. As far as that connection to Waltman, that's not my choice. I don't care whether it's there or it is not. In fact, our development will have excellent access to a new interchange, to a five lane arterial. Franklin is being rebuilt to a four lane arterial. I mean we are going to have multiple points of access. So, the issue will be in the future is there a connection to Waltman and how is that connection made, so that it is not detrimental to their neighborhood. But at this time it's premature to make a decision to connect, to not connect. It may be determined by ACHD in the future, the city, traffic studies, let's just have a pedestrian connection to Waltman. That's not out of the question. It could happen. I have seen it before. The fact that there is a school -- elementary school on Waltman -- typically they like to have both pedestrian and vehicular, but there is no reason that it can't be studied in depth and I think that makes sense to me. I'm not disagreeing with the neighbors. As far as the Meridian City Council June 3, 2014 Page 25 of 44 maximum density, the 300, that's coming as far as the C -G, the TN -C, how that's done is, obviously, going to be determined and you will see a -- we have consulted with some residential experts on how to transition and how best to treat this as far as these different zones. So, we have got a good -- we think a good perspective on how this is going to be approached. I guess what we are doing here tonight is to, basically, say these are the zones, these are consistent with your Ten Mile plan. This is the first step in a multi -step process and we will be back with plats, with development plans, with traffic studies, with landscape plans. The Ten Mile plan is very specific in this area and it is the guiding document. I mean I think that's why we spent so much time and effort and you guys spent so much money on it, that it would definitely guide development and that plan already takes into consideration that there is estate residential in this vicinity and you shall provide appropriate transitioning, that we have to provide open space. I think this is achievable. I can't give them every little specific answer, although I'd like to, but it's -- at this time that's just not possible, but what is important is that we get this transportation system built and we get this annexation approved. Thank you. De Weerd: Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Beck, I -- I don't see where that connection helps you guys at all McKay: No, sir. Bird: And I think once this is developed out there there is going to be some people -- if we -- if we deny that connection there is going to be some people in that area that's going to be very upset that it don't have a connection and especially when we get the overpass over Linder and the traffic on Linder triples and while it's wide, but if you had -- I would have no problem with just putting a right of way there and not putting the road in at this time, just have a path -- a pedestrian path. That -- that seems to be the big hold up right now with the people out there and I understand them, their concerns and stuff. They have -- you know, most of them have lived out there quite awhile and it's been a residential community deal, but, you know, we have only been planning this Ten Mile deal for I don't know how many years and spent a lot of money and stuff on it and -- but I understand theirs and I don't see where that road connection helps you guys at all. McKay: No, sir. You're absolutely correct. We are just basically doing what ACHD told me they wanted to see, but -- I mean it could be removed from this with a note that it will be analyzed in the future when a detailed site plan comes back -- you know, come before the public hearings. I -- I don't think that that's a problem. We -- we have these big collectors and I guess that's what I'm concerned about, that we get these right of ways and get these things built, so this area has potential. Rountree: Madam Mayor? Meridian City Council June 3, 2014 Page 26 of 44 De Weerd: Mr. Rountree Rountree: Becky, you just spoke a little bit about some open space and had laid some out. What in particular are you talking about? McKay: So, what I did, Councilman Rountree, is I had -- I had different concepts where I have landscape buffering, 20 feet of easement, just like it was a collector and, then, all of this area where we have this depth ended up open space and, then, I had it coming into the subdivision here and, then, these were just single family lots just like that and, then, there is single family lots here and all the way around and so we were creating kind of a neighborhood and, then, what -- what remained to be seen is, then, my plan was to try to take, you know, any development here to come back -- De Weerd: Hold on, Becky. Do they not have the same screen we see? McKay: Oh. There we go. So, this -- this ended up, Councilman Rountree, about 60 some thousand square feet of -- right in there and that was like a good spot. It's a spot that benefits both our single family, would benefit theirs, would create a nice corridor look on Waltman, in addition to the landscaping along here and, then, I had landscaping on both sides -- Cops. Both sides of that entrance roadway and, then, a landscape median. So, that's kind of how I approached it. That's one approach. Rountree: Yeah. Use red or green. I can't see either one of them. McKay: How is that? So, then, that is open -- that is open space. Landscaped areas. Manicured areas all along here and along each side and the center island. And, then, these are just lots and the same here. These are single family lots all along here. So, as you can see, you know, we have -- we have Whitestone here, they have a stub street also, so just providing interconnection. That traffic is going to come out and go like this and we brought it through here. But also I had another one where we took the street straight across. I mean there is different -- there is multiple options. The property is of a size that it's an infinite number of options, but I think the key is, you know, appropriate transitioning with the R-8 zone and R-8 is the way to guarantee that that's going to be single family dwellings. They are not going to get three or four story apartments, they will get either a one or a two story single family dwelling adjacent to them. Rountree: And on that point, if we made that clear in the development agreement -- right now it just says residential units. To me that -- you name it and that covers it, so if you're not adverse to saying single family residential units -- McKay: That acceptable. Yes, sir Rountree: Okay. McKay: That is acceptable. Meridian City Council June 3, 2014 Page 27 of 44 Rountree: Madam Mayor? De Weerd: Uh-huh. Rountree: The open space concept that you demonstrated, I would like to see some kind of an attachment or some language similar to that in the DA and I'm sure that's going to be modified somewhat depending on whether or not we or ACHD moves forward with a connection there. McKay: Yes, sir. I do have -- I do have it. I can provide it to staff Rountree: All right. That's the only comments -- or questions I have now. I do want to make a comment that I heard numerous times about transparency. The City Council only receives the information that you all received tonight. We have no ex parte communications with the developer or staff as this goes through the process. So, whatever you might have seen in an interim basis we have not seen and I will ask staff if there is anything in there that might be beneficial that we do need to hear, but we haven't seen it and just so you know, we don't go in the back room and talk about this. So, I just want to make that point clear. And, Becky, I might have another question for you, but I don't at this point. Thank you. Madam Mayor, I do have a question for Sonya. The information that bounced back and forth, are we missing something in that piece that we might want to know? Watters: Madam Mayor, Councilman Rountree, I believe what Jeanette referenced was that the applicant's attorney had submitted a draft -- draft provisions to the development agreement for changes. After that was submitted to the city staff and the applicant worked together to refine those provisions. Becky touched on it a little bit. We spoke about originally the DA provisions were going to include a whole bunch of restrictions on what could be developed in the TN -R and TN -C district. After discussing it internally and with the applicant we agreed upon just extending the R-8 zoning so that there wouldn't have to be all these restrictions. The development would essentially be compatible with the R-8 district. It seemed to make more sense to us and cleaner than - and would get what the neighbors wanted. I did send an e-mail out to Mrs. Ockerman I believe it was late Thursday that had the revised development agreement provisions that was discussed between the applicant and staff that we landed on. It included a memo that also went out to the Council. I did omit the exhibit map that showed the new zoning by accident. I just -- I looked it up and I just realized it was not on there. To address another comment you made, Mr. Rountree, on the -- the uses that are allowed in the R-8 district, only single family dwellings and townhomes are allowed in that district. Multi -family is a prohibited use. So, as it sits the R-8 district does now allow multi -family, just for clarification. Any other questions for me? Rountree: No, not -- De Weerd: Mr. Zaremba. Meridian City Council June 3, 2014 Page 28 of 44 Zaremba: I would like to ask a question of our police and fire representatives if I may and the subject is the connectivity. I know a lot of things get blamed on ACHD, but connectivity is also important to the city and our first responders in that they may sometimes need to connect or find a place that fire or police need to go and the direction they are coming from they need to be able to get there the quickest way they can. So, my -- this is a long question, but it has been already mentioned that a lot of work went into the Ten Mile area plan, which does show this connectivity that was the end result of that plan. My question to the first responders is how important is connectivity to police and fire and EMT and in this specific case would it hamper your ability to respond if that were not there? Lavey: I can answer. Madam Mayor, Councilman Zaremba, any concerns that we have over this plan are addressed to staff in the staff report. Hearing that there was none brought in front of Council, we have no concerns about connectivity. In fact, this proposal has more connections than most connections -- or most that we actually see. So, I don't foresee us having any problems getting into this development. Palmer: And I would echo what the chief said. In addition, based on our current station locations and even the future locations, this will not cause any problems for us as far as routing into the different areas for response. Zaremba: Madam Mayor? I just want to clarify. You're saying that if that connection were not there you would be okay. Thank you. De Weerd: And so I guess without that connection how do the families get to school? I know we all think they would walk, but I can guarantee you they don't. So, that is -- that's why I'm sure ACHD and staff asked for that connection. If you put in densities that will add to the school population, how do the families, then, get to the school, so -- any additional questions from Council? Borton: Madam Mayor? De Weerd: Yes. Borton: I do have a question for Mrs. McKay. De Weerd: And before we ask Mrs. McKay up, Ryan, could I ask you -- and I know -- again, we will not kill the messenger. If you will state your name and address for the record. Head: Ryan Head, Ada County Highway District. 3775 Adams Street, Garden City, Idaho. De Weerd: Now, staff did talk about ACHD comments pertaining to this and this -- this new proposal with the T that's in front of Council tonight, but what -- so what I didn't Meridian City Council June 3, 2014 Page 29 of 44 hear is the improvement to the south of that street would not be made and what is ACHD's plans -- if this connection is to remain how is that street going to be improved? Head: Sure. At this point in time the proposal is for where we would look to make the sidewalk connection on the north side of Waltman and that we wouldn't make an improvement on the south side of Waltman unless it were requested by the city at a later date. Of note in this particular case that is a local road. I know there is concern with cut -through traffic being a situation here. If there is cut -through traffic ACHD does have a program to provide traffic calming on local roadways that could address some of those situations. Obviously, it doesn't address your question of how would we address the south side, but that would be where we would look for some -- some community programs type request either from the city or the neighborhood to make that improvement on the south side of that road. De Weerd: I don't know how that could be classified a local road if the density that is being considered as part of this has to use that to get to school, because, again, unfortunately, I have lived by Linder Elementary and Ponderosa. Kids don't walk, they get their parents to drive them to school, and that is a problem and if you talk to the principal at that school she will tell you it's a problem, getting parents to let their kids walk to school. So, with the densities that are being contemplated in here, those cars are going to use that road and by not -- if we keep a connection there will be parents that use that road and it will be a very busy road. Not requiring an improvement to that road when any residences goes in would -- would not be good planning. Head: I appreciate that and at this point in time what we are trying to address and what the off-site improvements we are proposing and offering to pay for at the time that we actually receive a plat or an application that we actually can have -- we have authority besides just advisory authority on, is that we would provide a sidewalk -- a continuous sidewalk completely on the north side of the roadway, which would provide a safe place for students to walk. Just looking at this in preparation for this meeting, if -- if there was someone that lived in the Ten Mile Creek area that wanted to drive to the school -- ultimately it's about a two mile drive -- that they would have to go around to get to the school. Or someone who lived in the -- in the -- off of Waltman who wanted to go to the shopping in Ten Mile Creek area, would have about a two mile drive. That's a lot of wear and tear that's unnecessary. That's emissions. There is a lot of things that -- that that connectivity is beneficial and that's why ACHD has that policy. It's something we require in really all development and why there is stub streets -- we look to make those improvements and we have done that through the planning efforts with the city. De Weerd: And I do understand that, because when I bought my first house in Meridian I lived -- I was the first house on the stub street and just down from Linder Elementary. Ours became that only half mile connection point and I lived with the traffic that resided in front of it. By not requiring the south side of that street to be improved with any kind of housing if that road is connected, again, all I can say is that's not good planning and to wait until some community development or community programs might fund it, it's always too late then, when you know it's going to happen. Meridian City Council June 3, 2014 Page 30 of 44 Head: I recognize that, Madam Mayor, and I'm not here to argue that that isn't the case. The situation is really -- we have many -- many issues where development is occurring. The funds where this would come from are going to pay -- would pay for those -- that small section of sidewalk -- are funds that also could be used for any other sidewalk improvement or any other priorities that the cities have. It's a matter of financial capacity at some point in time. It's -- we can't make every single improvement that's needed with every single development that comes through, we just have limitations that we are trying to address. The other priorities -- both you as a city, as well as the other cities and our partners throughout the county have and so it's a financial capacity issue. So, if we can at least provide one safe connection that will provide an option for people to walk we -- we will do that in time and ultimately to the level or higher priorities for all of our partners. De Weerd: So, do you think that the road is an adequate width then? I mean you're talking about just a sidewalk. Is the road itself sufficient to carry the kind of traffic that -- and I know you don't know what that is until you get a plat, but when you see the densities that are being contemplated you -- you probably have a good idea. Is that road capable of handling that amount of traffic? Head: Madam Mayor, as you mentioned -- De Weerd: And I know I could answer my own question. Head: -- we are speaking very speculative here, but ultimately if we think of -- and look at this -- this particular area, the attraction, as was mentioned by Councilman Rountree, the attraction for those living in Ten Mile Creek to go through that way -- there is not going to be a high priority. There is no overpass at Linder. There is not a lot of places to go. I know it's been a concern of the neighborhood, people coming from the east to cut through there to go to the interchange. Again, that's where we have traffic calming -- if there are a significant amount of cut -through we would try to put in things that would discourage that kind of cut -through going that direction. Ultimately the primary use of this would be people accessing the school or -- or members -- citizens who live in the community were trying to go to the shopping. So, I think the concern -- while there may be some increase, I don't think the increases are going to be as substantial as might be concerned. Obviously, connections create more people coming through, but we have options for trying to address the cut -through that could come. De Weerd: Thank you, Ryan. Okay. I'm sorry, Becky, I know that Councilman Borton has a question for you. Borton: Thanks, Becky. As I go through the notes from May 6 and through today and what we have heard -- I have one long question for you and I will kind of read through it. They were remarks that were made about -- from Mr. Davis and yourself about this project obviously not coming forward with a plat. It's a property that there was -- there is no debt on the property, there is no plat, because there is no anchor tenant. We Meridian City Council June 3, 2014 Page 31 of 44 learned about some of the background behind the project and we learned about the -- the property to the south that was brought into the city that changed the community or the lifestyle center component of the -- of the Ten Mile plan. We heard last discussion from the public confusion or lack of clarity, maybe a lack of understanding on transition plans. We have heard today discussions about the roadway network, what may or may not be particularly appropriate capacity, whether there should be a connection or not. I have heard in marked words -- key words sometimes jump out and a couple that came up in context of these discussions were the word premature in relation to discussing whether or not there should be a connection at the Waltman location. ACHD has used the phrase speculative when trying to really articulate the amount of traffic that might be generated. A lot of the -- the problems we are struggling with -- at least the way I perceive it -- seems to come from the lack of clarity, because we are not bringing a plat with this and so many of the issues -- because that -- I have no doubt -- you know, I know your work, I know Mr. Davis, I have no doubt that the two of you mean what you say, but without a plat a lot of the confusion and ambiguity, that's not intentional, it's just a byproduct of the way this is presented without a plat. So, the long question to you is how do I get comfortable in approving an annexation of this magnitude in reliance on the Ten Mile plan, which admittedly is much less specific than what we would see with a plat. In light of the fact there is no immediate urgency with a particular business deal or a tenant or some -- why don't we wait and bring this with a plat, which -- which will help staff, ACHD, and the public answer so many of the questions that we are kind of forcing right now. McKay: Madam Mayor, Councilman Borton, we -- the Council and the Mayor struggled with that very question on the west side of Ten Mile and something that is unique and that we have never faced before in the City of Meridian or in any of the other municipalities, is the fact that with that Ten Mile specific area plan the collector roadways, the street sections, the type of pedestrian accesses were all predetermined in that plan. Now -- so, you say, well, so -- well, they did not match ownership boundaries. It was like this area was a blank slate and the one known thing was the interchange and, then, there were these different parcels on both the west and the east side of Ten Mile that the Council wanted -- they wanted a vision, because this interchange was going to provide opportunity and in order to keep it from coming in in a piecemeal fashion and not being able to construct signals as development went through or utilize roundabouts, the Council took a proactive approach and said we are going to show where those roundabouts are going to go, we are going to show where the signals will be located. We are going to put provisions in here that restrict access on the arterials, because we want this area at the Ten Mile interchange to be different than any other place in Meridian, that we have a guiding document that says what type of uses. It guarantees that properties are not all commercial or all retail, that they have mixtures of office, multi -family, that we have -- it encourages corporate campuses and one of the limitations that nobody foresaw was the fact that these collector roadways cross ownership boundaries -- no one property could develop without the cooperation of the other. So, that was our huge challenge on the west side and how we approach that challenge was we got the developer -- or the owners -- property owners, because they weren't -- not all of them were developers -- to dedicate right of way. We got ITD to put Meridian City Council June 3, 2014 Page 32 of 44 trust money into a fund at ACHD to build a -- part of a future collector signal and, then, these owners all grouped together and we came through with an annexation and we looked at the Ten Mile plan, the Council discussed it, and these designations -- they don't necessarily -- there is bands of different uses, but they are going to vary a little bit based on the properties. So, if this property -- if we wait Brighton has a problem. They can't build this continuous collector system with the rotary, the rotary -- two rotaries are shared with us. So, my client said instead of sitting on the bench here and, then, having Brighton come to me and say dedicate this, we need these right of ways dedicated, we want you to participate in building these roadways and roundabouts, he said let's be proactive, let's take that first step of conceptual planning and they hired CHQA, myself, Deb Nelson and so we took this problem and came up with a solutions, which was the same solution we came up with on the west side, that I'm convinced is the only way Ten Mile can develop. Otherwise the property -- you can't get all the interconnectivity from Ten Mile to Franklin. We can't go on the -- the scale that you guys envisioned and we have a roadmap -- we are following the roadmap. If we wait until we have every four foot parking spot designed and a plat it's going to be down the road and, then, I guess Brighton will have to sit and -- you know, and try to figure out how to do it in a piecemeal fashion. But that's not what the vision was. So, that's why we tried to become proactive. We want to get the pieces of the first piece of that puzzle put in place and my client said if they need the right of ways, the roundabouts, I -- I'm going to step up and that's what we are doing. He can't just sit and allow everything to develop around him, because it's going to limit how that development takes place. So, this is a different animal and the Council -- you know, they weighed this on the west side of Ten Mile and that annexation, you know, with just the roadway network, it worked and I think here now that we are starting to steam forward after the great recession I think you're going to see some great things happen out there, because there is so many opportunities that aren't available anywhere else in the city because of your plan -- your Ten Mile plan. Borton: Thank you. De Weerd: But I think, Becky, the reason that it worked on the west is because there weren't any residences, existing neighborhoods that were impacted by it and so this is different. McKay: Madam Mayor, you're correct. We did not have any estate residential. It was primarily all agricultural. There might have been a few -- you know, five or ten acre parcels, but, yes, this -- this adds a layer of complexity and that's why I think having that R-8 zone is the way to go. De Weerd: Any further questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council June 3, 2014 Page 33 of 44 Borton: Back to some of the earlier -- the coloring you were doing. I apologize if I didn't catch it correctly, but you were -- yes. On that one -- on the southeast corner of the new R-8 -- McKay: Yes, sir. Borton: -- if you could circle it to make sure we are talking about the same McKay: The southeast corner right here? Borton: Yes. That -- you scribbled in that whole portion of R-8 -- it looked like one color and, then, I -- it sounded like you said the whole thing was open space? McKay: Sir, everything we had -- oops. We are required to have ten percent open space for any R-8 single family development. So, that's a given. That's part of the code. So, when I laid this out I took that open space and strategically placed it and it made sense and I linked it to this development and put it in here. Borton: So, the McKay: That's -- that was -- when I did my -- kind of my conceptual layout how that would work, trying to envision how to, basically, integrate our single family with their single family, so it would be one -- you would be going from one single family development to another. Borton: Sure. McKay: And, then, that open space linked the two neighbors and created that residential atmosphere. Borton: Madam Mayor? So -- and I apologize if I -- if I didn't capture it, but how is what you -- what you marked in the red, how is that reflected in the development agreement or otherwise to note that that's, in fact, going to be the location of that open space? Normally it would be depicted on a plat, so -- McKay: Initially when -- when we came up with our draft -- more detailed provisions it included I think usable open space -- wasn't it, Sonya? Wasn't there something about that? And, then, when we went to the R-8, then, that was taken out. Now, obviously, that could be added as a provision. I think, you know, Councilman Rountree made that comment, you know, some type of usable open space transitioning and linking the two R-8 single family developments together. Davis: Thank you. Eric Davis. 199 North Capital, Suite 300, Boise. Listen, I -- this has been a very healthy process for three sessions now and I believe -- you know, I think -- as Councilman Borton phrased this -- we are doing the best we can with what we don't have. I mean we don't have the plan. We don't have the anchor store. We don't have Meridian City Council June 3, 2014 Page 34 of 44 the university campus. We are trying to think as big as we can with open arms, being cooperative with the neighbors -- our commercial neighbors and being as cooperative as we can with the residential neighbors -- who, by the way, I would like to compliment for being as well organized and articulate and professional as they have been. And it's been agonizing to sit there and not be able to say, well, we will do this and we will do that, because this is not the venue for that. This is a zoning venue and we take -- we take faith that within the zone designation in the city code there is enough, you know, meat on the bones to guide our plans when the time comes. And so just backing up a little bit on this R-8, two weeks ago after we -- you know -- or after last month. But two weeks ago we hired a consultant to come in and we said, look, you know, the neighbor -- and we saw the video again on TV and everything and the apartment buildings and I said this is what they are concerned about, so we want to address these concerns. So, this individual, who is pretty well credentialed with the Urban Land Institute sat in the office and went through a whole bunch of things that were height restrictions, density restrictions, and Deb sat there and she wrote it all out and, then, it occurred to us, well, the R-8 zone -- and that's where the open thing -- we were talking about that and so it got to the point where we were being so specific it really wasn't the right -- we were going to have this big glob in the development agreement that would be hard to interpret, so we went to the R-8 and the idea is that we will have a very nice single family row of homes that follow all the guidelines for open space -- integrated open space -- you know, nicely landscaped. This -- a Harris Ranch type of a thing. So, we are hoping that that's the transition between the residential and the other transitions that we have to have between there and where we get into the commercial, which, you know, Brighton has right there in our backyard, so -- anyway, back on the big picture, I just -- I just hope that we can keep that concept in mind. It would be so great to be able to go the Brighton -- have a meeting with Brighton someday and Cal -Non and say, hey, guys, we have a 250 acre, you know, thing that we can do here if we work together. And we are left out. In fact, you know, the option of doing nothing anymore is beyond us. I mean this curved entrance drive that comes in off of Ten Mile that Mirazim has is far from ideal and it's a consequence of not getting involved soon enough, so -- anyway, I stand for anymore questions. But I had -- I was just gushing back there, I couldn't stop -- De Weerd: So, Eric, I think what the issue is here is we are used to seeing annexations without plats in a C -G. We are not used to seeing annexations and zoning for residential and TN -C and TN -R, which is different, and that's when we see a plat with an annexation request at that time. Then on residential the neighbors that will have an impact have an idea of what they even want to testify about, because there is detail that they can actually get their arms around and understand. That's the disconnect here is it's one thing in a C -G, because we know that whether you're looking at an employment campus or -- or the commercial aspect of it, it is fluid. But not in -- in these areas that have a residential aspect to it and it backs up to residential. When we get those we get a plat and that informs the neighbors of what to expect and that's -- that's the difference and that's the struggle of -- of what we are trying to do and if you could split that in two and say we will ask for annexation to the C -G areas and we won't until we have the details on the back side of it. I don't know. But that's -- that's where you're getting the Meridian City Council June 3, 2014 Page 35 of 44 conundrum of those up here who are being asked to make a decision and to the neighbors who have no idea what to expect, other than red, light gray, and dark gray, so -- and it's that unknown that -- that is concerning and so I just wanted to give you some context of where we are coming from, too, is -- and that is why we like plats with annexation requests, so we know, too. Davis: I appreciate that. De Weerd: So, any questions for Mr. Davis? Rountree: Madam Mayor, you bring up an interesting potential and ask Eric is any thought given to parcels -- and I don't know how the owner goes, but the -- the adjacent properties about two-thirds of the way through there being annexed and that that transitions into a combination of commercial, residential, be annexed at a later date, based on what you might get in the commercial? Davis: Well, yeah, it -- I would -- I mean originally we wanted to have a little more commercial and the trans -- the TN -C and the TN -R are transitional, just as a buffer, because we -- you know, we are trying to get from residential into commercial and -- and it works well that way and I know that there are things in play with Cal -Non's property and it would be nice to be able to participate with them. The R-8 --I mean it's inevitable that the back -- we have always known that the back of the property would be residential, just like that, but how much, I -- you know, I think this is a good balance if we had a -- if you wanted to wait and zone the R-8 later, but I would -- for that, what you're talking about, I would include the TN -C and the TN -R as something we could depend on now and plan for, you know, density wise and whatnot. So, it would be a little awkward, You know. I don't know where these roads are really going to be. De Weerd: So, what was the phasing plan on this in -- in your thoughts you planned it, how were you looking at phasing it? From Ten Mile in or -- sometimes what we find is quite the reverse that you do the residential first and work out and that wouldn't work in this case at all. Davis: Well, you know, it -- you know, we -- our block is Cal -Non up at the top side, but -- and they are not making any progress toward annexation as far as I know. But on the commercial, you know, development instinct -- good practice is to go as far back on the site, plat that, and then, come back out toward the front, not contaminate the front with a bunch of little pads and that -- you'd lose -- you know, you want the big gorilla first. Your main event, put that in the -- as far back on the site and work your way towards the street. Or have -- you know, this middle part is 40 acres, with C -G in the middle it's 40, that could be one type of product and another type of product on the C -G on the front. But it's just a blank slate at this point and I -- it will be market driven. I mean I -- De Weerd: But when you say you start in the back, you were talking the C -G, not necessarily -- Meridian City Council June 3, 2014 Page 36 of 44 Davis: Yes. De Weerd: Okay. Davis: And the TN -C would be a buffer between the C -G and TN -R and the TN -R would be a buffer to the R-8. That's -- that's just -- for the blending that's, again, suggested by the -- you know, the plans, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, I know that they are not going to like this very much, but -- so one thought -- and I don't know -- would be to -- from the back of the C -G -- well, it might as a buffer. But I was going to say since the main concern is the TN -C and the TN -R to the neighbors -- it's not the R-8. So, what if we zoned the whole back section R-8 -- or R-8 and R-15 and, then, once they have a DA they can come in for a zoning change to TN -C when they have a specific plan. Is that possible? De Weerd: If you want me to answer it I could. It doesn't hold any weight. I don't know. Staff, do you have anything -- any ideas about -- Chatterton: Madam Mayor, it would be a bit of a complicated proposition effectively -- as you know, you couldn't bind the future council, including yourselves, to another zoning after -- essentially what we would talk about is a holding zone, giving the entitlement -- giving the developer or the owner a bit of a leg up and, then, moving to a larger entitlement later. It would be a complicated way of doing it and, of course, no guarantees that you would have the -- the outcome that the applicant is looking for. I don't know if the city attorney has any thoughts on this or not. De Weerd: There you go, Mr. Baird. Baird: Thank you, Madam Mayor, Members of the Council, Council Member Milam. What I'm struggling with is that you have an applicant for a specific zone -- Bird: That's right. Baird: -- and really it's your job to act on an application up or down. If you think that there is some way that you could find it acceptable you can make a suggestion and ask them to come back and propose something to you, but for you to impose a zoning that they haven't requested I think is troublesome. So, that's the only comments I have at this point. Borton: Madam Mayor? De Weerd: Yes. Mr. Borton Meridian City Council June 3, 2014 Page 37 of 44 Borton: Sorry. I didn't -- to Councilman Rountree's point, if the -- if one option might be to bring this only in one parcel -- partial parcel to the entire project and annex that -- for example, if the C -G or the C -G component and the TN -C -- maybe the TN -C and the TN -R -- if some or all of that came in as a separate annexation without a plat, the manner in which we are doing it now -- and I think this may be what they are -- what he was getting at -- and, then, the R-8 component or whatever you deem appropriate for that west -- or most eastern portion comes in with a separate annexation with a separate plat, is that idea remotely -- Davis: You mean just not zone the R-8? Leave it -- just leave it -- Borton: I'm not saying where the line necessarily should be drawn, but that's clearly where the majority of the challenges where we are confronting that transition and the lack of clarify, because we don't have a plat and to the Mayor's point, you know, the C -Gs have been zoned -- or, excuse me, have been annexed without plats. It is somewhat a different animal. It obviously greatly impacts your application today I understand, but -- Davis: It's been a long haul with approvals all along the way and staff support all along the way and -- and we are here because of some miscommunication on the back 14 acres. Borton: And you're free to say Councilman I think that's a bad idea and we won't do it. Davis: We have gone so far with this, I would like to take action and I really -- to stand here and make a deal, I don't have the mental capacity to do, that's why we have the liaisons and I think -- I would love to strike something, but I don't think it would be binding now anyway, you know. Ideally we would have the TN -C and a TN -R would be commercial and we did that as an accommodation to meet the Ten Mile plan, so -- Borton: Okay. McKay: Madam Mayor, Members of the Council, I mean I can see the quandary and from a planning perspective I would just come across like this: This depth is 300 feet and all of this would be R-8 like that. So, there is a large band of R-8 that wraps all the way around and, then, that would provide ample area for transitioning as far as this development is concerned and that's -- that's about 21 acres, because I did -- I did go through and calculate it. We don't show the roads, just that band of R-8 as far as connection to Waltman. Kind a good solution. There is only one way it can develop is with a loop street on the back side. There is different ideas and that's just single family lots with a loop connection and interconnecting the Whitestone to the north and whether that southern connection is or how that connection is is to be determined. But that would -- that would be a clean -- in my opinion transition right there. Meridian City Council June 3, 2014 Page 38 of 44 De Weerd: Okay. Any further questions, Council? If Council wants further testimony. I think we have kind of -- Milam: If it's something different. Bird: I don't think that it would be different. Be the same stuff. Milam: I think one more. Maybe one more. De Weerd: Okay. Council? Cavener: Madam Mayor? De Weerd: Yes. Cavener: In light of the significant amount of testimony I don't have any issues hearing from our citizens if they need to add a piece, as long as they believe that it's -- it's critical to the information that's being presented here tonight. De Weerd: If it pertains to the conversation since we kind of closed the public hearing, yes. Baird: Madam Mayor, is the hearing open? De Weerd: It's still open, but we did conclude that portion of it. Baird: Exactly and we do have a routine that the applicant always does get the last word, of course, so they will have a chance to respond. De Weerd: Yes. That's correct. Baird: So, I think you're fine proceeding. De Weerd: Yes, ma'am. If you will state your name again for the record. Ockerman: Jeanette Ockerman. 2070 West Waltman Street, Meridian, Idaho. De Weerd: Thank you. Ockerman: I appreciate all of the alternatives that both the City Council and the applicant are presenting. There are lots of options. I feel like there is one more that no one has even mentioned that might be a possibility, because one of our concerns, obviously, is the traffic on this road and it keeps coming back to the school and access to the school. Right in this corner where they have got -- and I don't know how to mark on here -- where they have got their little pathway, why could that not be a roadway into the school, so that there isn't so much congestion from traffic going in and out. It gives Meridian City Council June 3, 2014 Page 39 of 44 them an alternative access out of the school for buses or for parents and virtually keeps it off of our road. Then we don't have such an issue with TN -R and TN -C and how high the densities are and how they are going to impact the road trying to get their kids to school. De Weerd: It will not be an option. The school district has got to restrict the access into their campuses and they -- they never have more than two access and they have two now. So, I don't see that as a viable option. Ockerman: Okay. Well, appreciate that De Weerd: I'm just -- I hate to answer for the school district, but I do know that school campus security is huge and we work with them all the time on that and I don't think that would be an option at all, because it would -- Ockerman: Because it would -- that path goes right into the parking lot. De Weerd: A pathway, yes. Vehicles, no. Ockerman: No. De Weerd: Yeah. Ockerman: Yeah. And we still have the issues with the density then. De Weerd: Yeah. Ockerman: Thank you. De Weerd: Thank you. Again, we don't want to create -- but if there is additional testimony to the new discussions since -- yes. If you have something to say. Good evening. Telliho: Good evening. De Weerd: If you will, please, state your name and address for the record Telliho: Rich Telliho. 1885 Waltman Street, Meridian. De Weerd: Thank you, Rich. Telliho: I really kind of wanted to expand on some of the stuff Jeanette was just mentioning. There has been a couple of options -- and this is -- really seems to be little more flexible tonight as far as give and take, but I hear a couple options about that connectivity to Waltman and there was like a walking path or limitations or not having it at all. You seemed to address one concern about how are parents going to get their Meridian City Council June 3, 2014 Page 40 of 44 kids to school, because kids don't really walk anymore and I agree with you a hundred percent, but we are talking about maybe a thousand feet to the school and there is going to be the walking path that goes to the school and, then, a sidewalk along Waltman. I mean that seems to be pretty good access from that location to the school. If the parents still want to drive their kids they can exercise that option, but by making them go out to Franklin and around, wouldn't that be kind of -- more a natural deterrent? And the other thing is this Primrose Subdivision is kind of -- it's -- with the increasing popularity of motorcycles putting in speed bumps, which is what I'm thinking ACHD is talking about to slow the traffic down, it makes it kind of difficult for motorcycles, because you have to almost come to a stop, otherwise, you bottom out. Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I guess to the point of trying to design it, I think we are getting off base, but I think the recent suggestion about the R-8 that Mrs. McKay made and showing that just as a block annexation, would be what is necessary in order to move forward ultimately, because that whole piece will be scrutinized quite significantly when, in fact, it's ever platted, whether there is access or not, where the access is or not, so that's kind of where I am. I think we have gone around it enough that -- unless there is any further discussion, I will move that we close the public hearing on this item. Bird: I will second. De Weerd: I'm sorry, without the opportunity for the -- Rountree: Oh. De Weerd: -- applicant to have the last word. Rountree: I don't know if she wants back or not. De Weerd: Is there any further comment? Davis: Eric Davis. 199 North Capital, Suite 300, Boise. Just one last plea to think -- think back -- the reason that we did the Ten Mile plan -- and my name is on the cover -- inside cover of this and I visited with HGR back then and talked about having a vision that will allow developers to come in and do things in a coordinated fashion. This holds a very high standard and your R-8 zone is very well written, holds a high standard for what's developed in there and I can appreciate the deal with lack of detail and we are willing to work with that, but on the commercial side and the -- the R-8 -- or the -- the modified commercial, the TN -C, TN -R, we really need to be off and running and representing that -- that vision for the marketplace, enabling us that we have access, we Meridian City Council June 3, 2014 Page 41 of 44 have point, we are adhering to the plan, we are in the city, we are officially here with our welcome mat and so we are looking for the opportunity. Thanks. De Weerd: Thank you. Okay. Rountree: Okay. With that, Madam Mayor, I move that we close the public hearing on Item 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. Okay. Any opposed? MOTION CARRIED: ALL AYES. De Weerd: Okay. Rountree: Just a question for Ted or Bruce. What I'm contemplating is putting the illustration that Mrs. McKay brought forward. Is that something that we can do pen and ink or do we need that metes and bounds or how do we go about that? Chatterton: Mayor, Council Members, did you have a rough idea of the depth of that R-8 zone? Did we hear 300? Rountree: Three hundred feet and approximately 21 acres, plus or minus. Chatterton: So, I think that 300 feet from the edge of both the east -west and north - south property line -- I think we can work with it from a zoning standpoint. We will have to make sure that it lines up with the road. And we would need a revised plan here, Sonya is reminding me, so -- Rountree: And a question for Ted. Does the word approximate work in legal terms? Baird: Madam Mayor, Members of the Council, Council Member Rountree, you can give directions with the word approximation and, then, what comes back to you in written form with a revised plat you will approve with specificity. Rountree: Okay. Thank you. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the application for Item 8-C with the addition of an additional depth on the R-8 portion in the southeast portion of the application to a depth of 300 feet from the property line north of Waltman and that prior to the first building permit that access be provided off of Ten Mile and subject to staff and applicant's comments. Meridian City Council June 3, 2014 Page 42 of 44 Bird: Connection? De Weerd: Waltman. Rountree: The plat will show a block. De Weerd: The plat dictates the connection or not. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a clarification on the first building permit. You mean in the whole property or in the R-8 zone as you newly described it? Rountree: Within the whole property. De Weerd: Okay. Any further discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Department Reports A. Mayor's Office: Resolution No. 14-994: Resolution Appointing Seldon S. "Butch" Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee De Weerd: Thank you all for being here this evening. Under Item 9-A, Council, I do have a resolution in front of you, 14-994. It's to appoint Butch Weedon to the Seat 7 of the Meridian Impact Fee Advisory Committee. Steve Elliott resigned because I believe he moved or had time constraints and so Mr. Baird and Mrs. Kilchenmann and myself interviewed Mr. Weedon and feel that he will be a real asset to the Impact Fee Advisory Committee. He is a former fire chief from the community that he moved from and does have experience with impact fee implementation and plan development. So, I'd stand for any questions. Or Ted does. And, Council, at some point we will bring back perhaps a new or proposed purpose for this committee. We would like to see them Meridian City Council June 3, 2014 Page 43 of 44 meet more than on occasion that it look at quarterly meetings, so that they can get more into detail and to the meat of the items on the capital improvement plan and also how that relates to impact fees in general. Baird: Madam Mayor, if I might add, at your direction I have worked with Stacy, we have identified the 25th of June as the first meeting to meet with them and go over with them what happened here at the hearings and what was approved and some of the new direction and, then, we will be calendaring in advance quarterly meetings every three months. De Weerd: Thank you. Okay. Any questions? I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we approve Resolution No. 14-994 appointing Butch Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A. If there is no questions, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motions carried. MOTION CARRIED: ALL AYES. De Weerd: And because I didn't want to embarrass anyone in front of a full house, I would like to welcome Mr. Zaremba's lovely wife and his sister. Thank you for joining us and actually lasting during the entire meeting. He probably told you it was going to be a short one. Zaremba: I promised them it would be one hour. De Weerd: Yeah. Rountree: Plus an hour and a half. Item 10: Future Meeting Topics De Weerd: Council, any items for consideration under Item 10 for our future meeting topics? If there are none, I would entertain a motion to adjourn. Meridian City Council June 3, 2014 Page 44 of 44 Bird: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you. MEETING ADJOURNED AT 8:35 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAfVIpVIY DE WEERD DATE APPROVED �/ `ouzo a bG�r'9 ATTEST: 1 1 , `/\J /1 4 mit/ of CITY CLERK SEAL w FP r o° Changes to Agenda: None Item #8A: Revolution Ridge Subdivision (FP -14-022) The applicant submitted a letter in agreement with the staff report after the deadline for the consent agenda. Item #813: Sagewood Subdivision (FP -14.023) Application: ➢ Final Plat Location: The site is located on the south of W. Pine Avenue between N. Black Cat Road and N. Ten Mile Road Summary of Request: The applicant requests approval of a final plat consisting of 2 office lots, 45 residential lots and 8 common lots on approximately 15.62 acres of land in the L-0 and R-8 zoning districts. The proposed open space complies with the overall project open space approved with the Sagewood development. Staff finds the proposed final plat is in substantial compliance with the approved preliminary plat. Written Testimony: Becky McKay, in agreement w/staff report, with corrections to site specific conditions #17 & 18. Staff Recommendation: Staff has amended site specific condition #17 & 18 to reflect the correction requested by the applicant which will be included in the findings document. Item #8C: Ten Mile Center (AZ -14.001) Application: ➢ Annexation & Zoning The City Council heard the annexation and zoning request for this property on May &h. At that meeting, the Council continued the public hearing to the June 31d meeting. The Council requested staff work with the applicant to include provisions in the development agreement (DA) that will ensure a transition between the adjacent rural neighborhood and the proposed TN -R and TN -C zoned areas through open space and/or zoning. Based on discussions with staff and testimony at the Council hearing, the applicant has submitted revised DA provisions that address the concerns of the neighbors and the City Council. Staff is in agreement with the changes proposed by the applicant (see attached). The Council also requested information from ACHD on what might occur in the future in this area in regard to street and/or sidewalk improvements. Christy Little provided the following information: • There is currently curb, gutter and sidewalk along the north side of Waltman Lane from Linder Road to the west side of the school site. • There is not curb, gutter and sidewalk on the north side of Waltman Lane in front of the three parcels between the school site and the Ten Mile Center site which consists of approximately 450 feet. • An option to complete these off-site improvements may be to ask the developer to complete the improvements and ACHD could reimburse them as a Developer Cooperative project. • There are no plans to improve or widen the south side of Waltman Lane. USES PERMITTED BY THIS AGREEMENT: 3.1. The uses allowed pursuant to this Agreement are only those uses allowed for the applicable zone under City's Zoning Ordinance, codified at UDC § 11-2A-2, § 11-2B-2 and § 11-2D-2. 3.2. No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Except as otherwise prohibited in this Agreement, any uses added to the applicable zone by any future amendment of the UDC shall be allowed on the Property. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 4. 1.1 The Property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 4.1.2 The Property shall be developed in a manner that provides a transition in uses to adjacent residential properties. 4.1.3 A multi -use pathway shall be provided on the Property consistent with the Master Pathways Plan. 4-134.1.4 A pedestrian connectionshall be made to the adiacent school site. 4444.1.5 The portion of the Property to be zoned C -G should develop with a mix of uses such as reta�, professional services, offices, entertainment uses, civic services, housing and outdoor spaces in the common area of the project as anticipated for the LifeStyle Center designation in the Ten Mile Interchange Specific Area Plan (TMISAP) and shall be developed in a manner that incorporates design concepts from the TMISAP such as, but not limited to, the following: low-rise buildings of 2-4 stories over much of the area, or other massing that meets the bulk and scale design concepts set forth in the TMISAP; buildings built to the edge of public rights of way or circulation roads except where additional sidewalk space is needed for cafd seating or for breaks in frontage for pocket parks; large expanses of parking between the street and the front of buildings are not desireable and should be minimized where practical; DEVELOPMENT AGREEMENT - TREASURE VALLEY INVESTMENTS, LLC - 3 1913543_19 [12134-21 • smaller, pad buildings should face the street with an entrance oriented toward the street; • buildings designed to "hold corners" rather than parking lots; • restaurants encouraged to have outdoor dining; • shops and stores encouraged to open their doors and street view windows and use clear glass that allows easy visual access inwards and outwards (mirrored or reflective glass is not permitted; low -emissivity glass is allowed); • integration of plaza, pocket parks, pedestrian arcades and other common areas in site design; and building location and design oriented toward and/or connected to common areas and/or public space. Specific design features may vary from those outlined in the TMISAP (e.g., floor area ratios, unbroken frontage percentages, etc.) as necessary to accommodate operational requirements of certain end users, while still allowing a functional relationship among parking, circulation, loading and public right-of-way. 4:1:54.1.6 The portion of the Property to be zoned TN -C and TN -R shall be developed in a manner that incorporates traditional neighborhood design concepts from the TMISAP such as, but not limited to, the following: • higher density buildings close to the street; • narrower streets to slow traffic; • parking lots behind or under building; • residences with porches or balconies facing the street; and • garages in accord with the design elements listed in the TMISAP (pg. 3-33). Specific design features may vary from those outlined in the TMISAP as necessary to accommodate operational requirements of certain end users, while still creating a pedestrian -oriented focus. 41:64.1.7 Only residential uses shall be developed within the R-8 zone. In addition to other allowed uses, a minimum of 9-5-75 residential units shall be developed within the TN -R zone, and a minimum of 300 residential units shall be developed within the C -G and/or TN -C zones combined. 4.1.74.1.8 Business signs shall be compatible in color, materials, sizes, shapes and lighting with the architecture of the buildings and the business DEVELOPMENT AGREEMENT - TREASURE VALLEY INVESTMENTS, LLC - 4 1913543_19 [12134-2] Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES MAY 21, 2014 Approve Minutes of May 21, 2014 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES MAY 27, 2014 Approve Minute of May 27, 2014 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5C PROJECT NUMBER: PP 14-005 ITEM TITLE: CENTER COMMUNITY SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: MDA 14-006 ITEM TITLE: CENTER COMMUNITY SUBDIVISION Findings of Fact, Conclusions of Law for Approval: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER /VER -- IDAHO In the matter of the request for a preliminary plat consisting of six (6) residential lots and two (2) common lots on 6.77 acres of land; Development agreement modification to reduce the scale of the community center/pool and modify the concept plan to allow for residential lots on the subject property, located on the north/west corner of N. Tree Farm Way and N. Tree Haven Way, by Oak Leaf Development Company. Case No(s). PP -14-005 and MDA -14-006 For the City Council Hearing Date of. May 21, 2014 (Findings on June 3, 2014) A. Findings of Fact I . Hearing Facts (see attached Staff Report for the hearing date of May 21, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 21, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 21, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-005, MDA -14-006 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 21, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for preliminary plat and development agreement modification for Center Community Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of May 21, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not net and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 613-7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-005, MDA -14-006 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 21, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). PP -14-005, MDA -14-006 -3- By action of the City Council at its regular meeting held on the ,3 rd day of �J tu1R 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDU1a-- COUNCIL VICE PRESIDENT KEITH BIRD VOTED�a COUNCIL MEMBER DAVID ZAREMBA MAYOR VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM OTED VOTED—VA- MAYOR TAMMY de WEERD VOTED lTTR RA R A V UV N Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Y: Dated: U d/j Ci lerl 's cc CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-005, MDA -14-006 -4- Exhibit A STAFF REPORT Hearing Date: May 21, 2014E IDIIAN* - TO: Mayor and City Council l AW d FROM: Justin Lucas, Planning Supervisor 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: MDA -14-006; PP -14-005 — Center Community Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Oak Leaf Development Company, Inc, has applied for a modification to the existing development agreement (MDA) to change the original concept plan for the Tree Farm Community (aka Spurwing Greens) by reducing the scale of the community recreation center and including buildable lots adjacent to the proposed pool. A preliminary plat (PP) is also proposed consisting of six (6) single-family residential building lots and two (2) commonlother lots on 6.77 acres of land in the R-15 zoning district for Center Community Subdivision. This is a proposed re -subdivision of Lot 1, Block 1, Jayker Subdivision No. 1. See Section IX of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit C. Note: The MDA only requires City Council approval. Approval of the preliminary plat is contingent upon the MDA being approved. The Meridian Planning and Zoning Commission heard these items on April 17, 2014. At the public hearing, the Commission voted to recommend approval of the subject PP application. a. Summary of Commission Public Hearing: i. In favor: Barry Semple ii. In opposition: None iii. Commenting: Robert Bacon, Gavle Bacon, Sandra Bachmer iv. Written testimony: None v. Staff presenting application: Justin Lucas vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. The proposed pool was a topic of discussion at the Planning and Zoning meeting. The size of the pool and modification to the concept plan is covered under the MDA application which is not acted on by the Planning and Zoning Commission. The Meridian City Council heard these items on Mav 21.2014. At the public hearing. the Council approved the subject PP and MDA request, aSummary of City Council Public Hearing: Center Community Sub PP -14-005; MDA -14-006 PAGE 1 Exhibit A L In favor: Dour Carnahan ii. In opposition: Larry Gram, Evonne Gram, Bob Bacon. Gael Bacon. Patrick Clark Bei. Commenting: None iy, Written testimony Bob and Gael Bacon y aff presenting application: Justin Lucas yj, Other staff commenting on application: None IZ Key issues of Discussion by Council- _i Size of pool facility. HOA dues, previous approval of pool and larger clubhouse c Key Council Changes to Staff/Commission Recommendatio I None III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers MDA -14- 006 and PP -14-005, as presented in the staff report for the hearing date of May 21, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers MDA -14- 006 and PP -14-005, as presented during the hearing on May 21, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers MDA -14-006 and PP -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 6651 N Tree Farm Way, in the SE '/a of Section 22, Township 4 North, Range 1 West. (Parcel #: R4588420010) B. Owner(s): SPURWING GREENS MASTER ASSOCIATION INC 12610 W Explorer Drive, Suite 200 Boise, ID 83713 C. Applicant: Oak Leaf Development Company 4042 W Chinden Blvd Meridian, ID 83646 D. Representative: Barry Semple River Ridge Engineering 2247 S Vista Ave Boise, ID 83705 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS Center Community Sub PP -14-005; MDA -14-006 PAGE 2 Exhibit A A. The subject application is for a preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. The subject application is for a modification to the development agreement. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. C. Newspaper notifications published on: March 31, and April 14, 2014 (Commission); April 28 and May 12,2-14 (Council) D. Notices mailed to subject property owners on: March 20, 2014 (Commission); April 24, 2014 Council E. Applicant posted notice on site(s) on: April 4, 2014 (Commission); May 6, 2014 (Council) VI, LAND USE A. Existing Land Use(s) and Zoning: The property contains a large pond, pump house and ACED drainage easement that is improved with sod. The site is zoned R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by existing homes, and undeveloped residential/commerciat property, zoned R15, R-8 and C -N. C. History of Previous Actions: • In 2006, the subject property was annexed as the Tree Farm (AZ -06-004 and AZ -06-050) and was granted approval with an R-15, zoning district. A Development Agreement (DA) (#106151218) was executed upon annexation of the property. • Several addendums to the DA have been recorded (#107025555 and #107141993). The first addendum modified the original DA to include the addition of a 4.64 acre outparcel. The second addendum followed shortly and approved a new mobile office and temporary septic system. Because the first addendum was still in process, the requirements for the mobile office were recorded with the first addendum (#107025555). • The Jayker Subdivision preliminary plat (PP -06-058) was approved by Council on March 13, 2007. The preliminary plat consists of 277 residential lots, 1 commercial lot and 27 common lots on 142.97 acres. • In 2007, a third addendum to the DA was approved and recorded (#107141993) that realigned the zoning district boundaries consistent with the approved preliminary plat. • The City Council approved the final plat (FP -07-026) for this lot on October 26, 2007. Phase 1 platted with 140 residential lots and 21 common lots on 89.70 acres. The subject was identified as one of the 21 common lots with this final plat. • On December 18, 2009, an 18 -month administrative time extension (TE -09-022) was granted to obtain City Engineer's signature on a final plat for phase two of the plat. As a condition of the time extension, the DA was required to be amended to include building elevations. • In 2010, a development agreement modification (MDA -10-004) was approved (#110059432) that approved building elevations and a new concept plan that included a tennis facility as an amenity within a common lot contingent on the platting of the property. • In 2010, Council approved a final plat (FP -10-004) for Phase 2 of the Jayker Subdivision that consists of two buildable lots and two common lots per the requirements of the amended DA. The common lot included the approved tennis facility and the gated driveway that connects Center Community Sub PP -14-005; MDA -14-006 PAGE 3 Exhibit A the Spurwing Subdivision to the east. • In 2010, Council approved a preliminary plat (PP -10-001) for Spurwing Greens Subdivision. This subdivision re -platted portions of the original Jayker Subdivision. • In 2011 and 2012 the Council approved multiple final plats related to both the Spurwing Greens and Jayker Subdivisions. Although there have been multiple different approvals and changes since the original annexation this project is currently being marketed as the Spurwing Greens Development and contains one homeowners association. Home owners in this subdivision are all members of the Spurwing Country Club as part of their homeowners association dues/privileges. D. Utilities: 1. Location of sewer: Sanitary sewer service to this development will be accomplished by an extension of an existing main located in N. Tree Haven Way at the subdivision's south boundary. 2. Location of water: Domestic water service to this development is to be provided by United Water of Idaho. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No canals or ditches traverse this sight. There is an existing pond on the site that stores irrigation water for the subdivision. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain or floodway. VH. COMPREHENSIVE PLAN POLICIES AND GOALS This property is primarily designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map (a small portion is designated Mixed Use Community but the existing roadway network and established zones in this area make MDR the more appropriate designation for the purpose of this analysis). MDR areas are anticipated to contain between three and eight dwellings per acre. The proposed preliminary plat depicts a residential subdivision consisting of six (6) single-family detached homes on 6.77 acres of land at a gross density of 0.88 dwelling units per acre. The plat also depicts a pool facility that will serve the overall Spurwing Greens Subdivision, an existing pond, and large common area lot encumbered by an ACHD drainage easement. If the pool, pond and ACHD easement are removed from the density calculation the residential density of this site is 4.1 dwelling units per acre which is well with the MDR density target. The following objectives and goals from the Comprehensive Plan are applicable to the proposed development: "Phase in residential development in accordance with their connection to the municipal sewer and water system." (3.04.01N) Water service from United Water of Idaho, and city sewer services are available for hook -zip to the proposed development. Center Community Sub PP -14-005; MDA -14-006 PAGE 4 Exhibit A "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) Water and sewer service are available to be extended to this site. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01 F) The proposed residential lots should be compatible with existing residential uses in the surrounding area. In summary, staff is of the opinion the proposed development is consistent with the MDR FLUM designation for the property and is compatible with existing residential uses for the above -stated reasons. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family dwellings is a principal permitted use in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping exists on this site and appears to comply with the standards listed in UDC Table 11-2A-7 for the R-15 zoning district and UDC 11-313-7. Common area landscaping is required in accord with the standards listed in UDC I 1-3G-3. E. Off -Street Parking: Off-street parking is required in accord with UDC 11-3C-6 for single-family dwellings and UDC 11 -3C -6B for the proposed community pool facility. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Development Agreement Modification (MDA) The original concept plan and subsequent modifications have all indicated a community center would be located on the subject property to serve the residents of the Spurwing Greens Subdivision. The details for this community center were outlined in both preliminary plat approvals for this project and included a clubhouse, swimming pools, outdoor play areas, kitchen and exercise facilities. The applicant is requesting that the concept plan be modified to allow single family homes on this lot and that the scale of the community center be reduced to include a pool and associated restrooms/changing areas only. The applicant's justification for reducing the scale of this amenity include: 1. All homeowners within the Spurwing Greens subdivision are mandatory members (paid through their HOA dues) of the Spurwing Country Club and have access to the large community center, pool, golf course and other amenities that exist with the club. Center Community Sub PP -14-005; MDA -14-006 PAGE 5 Exhibit A 2. The applicants have already constructed a large tennis facility on the site that was not required with the original approvals or anticipated in the concept plan. 3. The demographics of the neighborhood contain a high portion of retired two person households that do not desire some of amenities originally planned for on this property. 4. In order to keep the HOA dues manageable the homeowners have indicated a more modest pool would be appropriate at this location. Staff has reviewed the overall open space and amenity package for the Spurwing Greens Development including the information provided by the applicant above. Based on this analysis staff is supportive of the applicants request to amend the DA (see Open Space and Site Amenity section below for more information). The applicant's proposed changes to the approved concept plan are included in Exhibit A.4. Additional staff recommends the following changes to the text of DA: Add a new DA provision 5.13: Developer is hereby permitted to construct six (6) single family homes and a pool facility and related improvements within the area designated as Community Recreation Center on the approved concept plan. The single family homes shall be generally consistent with the conceptual building elevations submitted with this application. The rear (or side) of structures on Lots 1- 6, Block 1 will incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Preliminary Plat (PP1 The proposed plat consisting of 6 building lots and 2 common/other lots on 6.77 acres of land in the R-15 zoning district is consistent with the MDR future land use map designation for this property (see analysis above in Section VII). Existing Structures: The existing pump house is to remain on the common lot (Lot 8, block 1). Dimensional Standards: Future development is required to comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The proposed lots comply with these standards. Access/Streets: Access for this subdivision is depicted on the preliminary plat via N Tree Haven Way a local street. Direct lot access via N Tree Farm Way a collector street is not proposed or approved. Common Driveways: The proposed plat depicts a common driveway access for all of the residential lots. Construction of the common driveways is required to comply with the standards listed in UDC 11 -6C -3D. The proposed common driveway does exceed the 150' maximum, but the applicant has received Fire Department approval (as allowed under UDC 11 -6C -3D) to construct the turnaround as shown. Ownership and maintenance responsibility for the common driveway should be indicated on the face of the final plat. The setbacks, building envelope, and orientation of the lots and structures on these lots are shown on the preliminary plat per UDC 1 I -6C -3D.7. Any modification to these setbacks and building envelopes should be shown on an exhibit submitted with the final plat. Pathways: There are no multi -rise pathways designated on the Master Pathways Plan for this site. Sidewalks: Detached sidewalks and along N Tree Haven Way and N Tree Farm way exist on the site. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.4. The majority of the site is already landscaped per UDC standards. The landscaping associated Center Community Sub PP -14-005; MDA -14-006 PAGE 6 Exhibit A with the parking areas and pool facility shall comply with UDC standards as verified during the Certificate of Zoning Compliance process for the pool. The applicant is not proposing trees within the parkway strips along N Tree Haven Way consistent with the overall landscape plan for the Spurwing Greens Development. Without trees these parkways cannot be counted as open space. Existing healthy trees on the site are required to be protected during the development process in accord with UDC 11-3B-10. The landscape plan submitted with the final plat should depict a description of how existing trees to be retained are to be protected during construction. Any severely damaged tree is required to be replaced in accord with UDC 11 -3B -10C.5. Open Space & Site Amenities: Because this site is over 5 acres in size, the UDC (11-3G-3) requires minimum open space and site amenities to be provided with development. This development is a re -plat of a common lot within an existing subdivision. The original plat for this subdivision contained 33.11 acres of open space or 32.42% of the project area. This re -plat proposes to reduce the overall open space for the original project by 1.46 acres. Even with this reduction the overall open space for this neighborhood is well above the current 10% UDC requirement. There are multiple existing site amenities in the overall project including: walking trails, large grassy areas, multi -court tennis facilities, water features, and access to the amenities within the Spurwing Country Club (pool, club house, restaurant, golf course) . Through this project the applicant is proposing a community pool with associated changing rooms and restrooms. Staff is comfortable with the overall amenity package. Fencing: No fencing is proposed on the landscape plan. All fencing on this site shall comply with UDC 11 3A-7. Fencing around the Community Pool shall be reviewed with a future CZC application. Building Elevations: Conceptual building elevations were submitted for the homes and pool facility in this development as shown in Exhibit A.5. The proposed elevations represent the anticipated size and style of structures to be constructed in this development and appear to contain many features suggested in the Meridian Design Manual. Single-family residential developments are not subject to design review. However, staff recommends through a DA provision that the rear (or side) of structures on Lots 1- 6, Block I incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed development agreement modification and prelitninary plat requests for this site with the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Approved Tree Farm (Spurwing Greens) Concept Plan 3. Proposed Preliminary Plat & New Concept Plan 4. Proposed Landscape Plan 5. Conceptual Building Elevations 6. Recommended DA Provisions Center Community Sub PP -14-005; MDA -14-006 PAGE 7 Exhibit A B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Center Community Sub PP -14-005; MDA -14-006 PAGE 8 Exhibit A Exhibit A. Drawings/Other Exhibit A.1: Vicinity/Zoning Map Exhibit A Page 1 Exhibit A Exhibit A.2: Approved Tree Farm (Spurwing Greens) Concept Plan PLIJ'(aI Alo 66y2W+f Loco �... The Tree Farm CONCEPT PIAN Exhibit A Page 1 Exhibit A Exhibit A.3: Proposed Preliminary Plat and Concept Plan (dated: March 2014) —ar m.M Exhibit A Page 2 Exhibit A Exhibit AA: Proposed Landscape Plan (dated: 3/12/14) SLANT FALE Q 'm.. r„cs^xxe= fam f ems—' fir"= Fm— ®w. LANDS Are CA VLATIO" Exhibit A Page 3 fi I Exhibit A Exhibit A.6: Proposed Text Changes to the Development Agreement • Update the findings (and findings reference) associated with the DA to reflect those approved with the subject application. • Section 5 —CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: Add a new DA provision 5.13: Developer is hereby permitted to construct six (6) single family homes and a pool facility and related improvements within the area designated as Community Recreation Center on the approved concept plan. The single family homes and pool facility shall be generally consistent with the conceptual building elevations submitted with this application. The rear (or side) of structures on Lots 1- 6, Block 1 will incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Exhibit A EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Future development shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. 1.1.2 The preliminary plat included in Exhibit A.3 shall be revised as follows: a. Include the setbacks, building envelope, and orientation of the structures on Lots 1-6, Block 1 with the final plat application, per UDC 11 -6C -3D.7. b. Include ownership and maintenance responsibility for Lot 7, Block 1 (Common Driveway) on the face of the final plat or on a separate document to be recorded prior to the City Engineers signature on the final plat. 1.1.3 All proposed and/or required fencing shall be consistent with the standards as set forth in UDC 11-3A-7. Fencing adjacent to pathways and interior common open space areas shall not exceed four (4) feet in height if closed vision fencing is used or six (6) feet in height if open vision fencing is used. 1.1.4 The common area and site amenities shall be provided as shown on the landscape plan. 1.1.5 The final plat(s) shall be consistent with the preliminary plat included in Exhibit A.3 as required by UDC 11 -6B -3C. 1.1.6 The landscape plan submitted with the final plat shall be consistent with that shown in Exhibit A.4. 1.1.7 Common driveways shall comply with the standards listed in UDC 11 -6C -3D in effect at the time of final plat submittal. Based on Fire Department approval the driveway can exceed the 150' maximum if constructed as shown on the preliminary plat. 1.1.8 The applicant shall receive CZC and Design review approval for the pool and restroom/changing facilities. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C. Exhibit A 1.2.9 Construct storm water integration facilities that meet the standards asset forth in UDC 11-313- 11C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by the Spurwing Greens owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -06-044). 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.6 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B. 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) obtain approval of a time extension as set forth in UDC 11-613-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. Exhibit A 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9-4-8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9-4-8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. Exhibit A 2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peals groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACED. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two ,years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Set -vice for more information at 887-2211. Exhibit A 3. POLICE DEPARTMENT 3.1 The applicant shall coordinate with the Police Department and Community Development addressing specialist to develop an addressing plan for the homes accessed from the common driveway. An addressing plan shall be submitted with the final plat application. 4. FIRE DEPARTMENT 4.1 The proposed project has no Fire Department concerns. 5. REPUBLIC SERVICES 5.1 Republic Services has not concerns with this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments on this application. 7. ADA COUNTY HIGIIWAY DISTRICT See letter dated April 14, 2014 Exhibit A C. Required Findings from Unified Development Code Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considered the facts analysis and public testimony in determining whether or not the proposed subdivision may cause health, safety or environmental problems. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-021 ITEM TITLE: PARAMOUNT SUBDIVISION NO. 27 FP 14-021 Paramount Subdivision No. 27 by Brighton Investments, LLC Located Southwest Corner of N. Meridian Road and W. Chinden Boulevard Request: Forty (40) Building Lots and Two (2) Common/Other Lots on 11.36 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AWARD OF BID WELLS 9, 21, 22 CONTROL SYSTEM UPGRADES Award of Bid and Approval of Agreement to AME Electric, Inc. for the "Wells 9, 21 & 22 Control System Upgrades - Construction" project for a Not -To -Exceed amount of $164,491.00. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Clint Worthington Date: 05/29/14 Re: June Td City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 3"' City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to AME Electric, Inc. Inc. for the "Wells 9 21 & 22 Control System Upgrades - Construction" project for a Not -To -Exceed amount of $164,491.00. Recommended Council Action: Award of Bid and Approval of Agreement to AME Electric, Inc. for the Not -To -Exceed amount of $164,491. Thank you for your consideration • Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (WELLS 9,21 & 22 CONTROL SYSTEM UPGRADES — CONSTRUCTION) PROJECT # 10417.P THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 27th day of May, 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and A.M.E. Electric. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur Street Caldwell, ID 83605 and whose Public Works Contractor License # is PWC -C-11544. INTRODUCTION Whereas, the City has a need for services involving Well Control System Upgrades; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELLS 9,21 &22 CONTROL SYSTEM UPGRADES page 1 of 10 Project 10417.P represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $164,491.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 2 of 10 Project 10417.P 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 45 (forty-five) calendar days to achieve substantial completion and 60 (sixty) complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 3 of 10 Project 10417.P or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES- page 4 of 10 Project 10417.P obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. 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: WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 5 of 10 Project 10417.P CITY CONTRACTOR City of Meridian A.M.E. Electric, Inc. Purchasing Manager Attn: Mike TenHulzen 33 E Broadway Ave 3621 Arthur Street Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: (208) 459-8959 Email: mike@ameelectric.com Idaho Public Works License # PWC -C-11544 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. 10. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 11. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 12. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 13. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 14. Reports and Information: 14.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 6 of 10 Project 10417.P 15. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. 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. 17. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 18. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 21. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. WELLS 9,21 & 22 CONTROL SYSTEM UPGRADES page 7 of 10 Project 10417.P 24. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY -3-Iq Approved by Council: J S HOLMAN. CITY Dated: 5//� I IZolq aoIL4 G�o,z„TUDA0%� o� t / o', ioaxo F SEAL Purchasing Approval !q o� lAe TNL 15�PF BY: KEIT TTS, Purchasing Manager Dated:: JZ 8Z/y WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES Project 10417.P 53 Dated:: 540f page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10417.P ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10414.P, are by this reference made a part hereof. WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 9 of 10 Project 10417.P Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $164,491.00. Milestone 1 Substantial Completion IN M 45 (forty-five) days Milestone 2 Final Completion 60 (sixty) days Contract includes furnishing all labor, materials, equipment, and incidentals as required for the NAME OF PROJECT per IFB PW -14-101 CONTRACT TOTAL ....................... $164.491.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION. Item No. Description Quantity Unit Unit Price 1 Mobilization/Demobilization 1 LS $5,733.00 Instrumentation (Drawings 1-110, 1-210,1-230, 2 & 1-310) Chlorine tank level, power monitors 1 LS $31,120.00 with ct's, door switches and shutdown push buttons including installation labor. PLC Control Panels (Drawings 1-120,1-220 & 3 1-320) Including all power supplies, UPS's and 3 EA $24,450.00 installation labor. Remote 1/0 Control Panels — (Drawing I- 4 240) Including all power supplies, UPS's and 1 EA $14,184.00 installation labor Generator Remote 1/0 —(Drawing 1-225 & I- 5 325) Including all power supplies and 2 EA $2,301.00 installation labor 6 Testing — (Drawing 1-000) Testing of control 1 LS $4,176.00 wiring 7 Backup Power Generator— (Spec Sections 1 LS $29,568.00 8 Other Misc 1 LS $1,758.00 WELLS 9, 21 & 22 CONTROL SYSTEM UPGRADES page 10 of 10 Project 10417.13 Date: 4/4/2014 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3400 GL Account: 94300 Project# 10417.p Construction: x PSA: Task Order: Project Name: Well 9, Well 21 and Well 22 - Control System Upgrades - Construction Project Manager: Clint Worthington Department Representative: Contractor/Consultant/Design Engineer: AME ELECTRIC / DC ENGINEERING Budget Available (Attach Report): YES Contract Amount: $164,491.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 2014 Enhancement#: 1 Grant#: Other: Type of Grant: CONTRACT CHIECKUST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) x (Ratings Attached) (Category) Typical Award Yes X No Bid No: Bid Opening Date: If no please state circumstances and concluslon: 10 Day Waiting Period Complete: May 25, 2014 PW License If PW -C-11544 Current? (attach print out) Date Award Posted: Yes Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): May 28, 2014 Rating: Payment and Performance Bonds Received (Date): May 28, 2014 Rating: Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? Date Submitted to Clerk for Agenda: 5120Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: Correct Category? A+ A Uuuucu rage Login i Public Contractor Search _PERMITS F-LICENSE L PUBLIC WORKS - VIOLATIONS --_1 ELEVATORS __I rage 1 of 1 Public Works Search A Search Again Download Results Printable View Comoanv Name License Number Work Caleaorv(sl License Tvoe License Class I Status I AoolicE A.M.E. Electric, Inc. PWC -C-11594 16000, 02500 4 AA ACTIVE A.M.E. Firstl [Prnl Page:1 oft Next FLa.tl Details - License Number: PWC -C-11544 -- ----- - - - Llc Into11 Bus Llc 11 Fees $1,850.00 Registration#. PWC -C-11544 Issue: 10/8/2013 Expire: 9/30/2014 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Comp/Name: A.M.E. Electric, Inc. Addressl: 3621 Arthur Street City, Slate, Zip: CALDWELL, ID 83605 Phone: (208) 459-8959 Celli (206) 965-5115 Pager: Fax: (208) 459-224 3 Owner Name: Home I CONTACT US FwmeRDy 11 1WSYSTEMS ht4)s:Hdata.dbs.idaho.gov/Etrakit2/ldaho PublicWorksSearchRslts.aspx 5/28/2014 iLovo v inwmg Dusmuss nntny Page 1 of 2 IDAHO SECRETARY OF STATE 0 Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for A.M.E. ELECTRIC. INC. ] A.M.E. ELECTRIC, INC. 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 08 Jan 2014 State of Origin: IDAHO Date of 25 Mar 1988 Origination/Authorization: Current Registered Agent: JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID / Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 1S Feb 2014 Original Filing: [ Help Me Print/View TIFF ] Filed 25 Mar 1988 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 L1 0. U v 10 W111K DUH111cJS Gllu Ly Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Report for year 1992 ANNUAL REPORT Report for year 1991 ANNUAL REPORT Report for year 1990 ANNUAL REPORT Report for year 1989 ANNUAL REPORT Report for year 1988 ANNUAL REPORT Idaho Secretary of State's Main Page Yage 2 of 2 View Imaqe (PDF format) View State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 Image (TIFF formatZ View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF formatZ View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.html 5/28/2014 AMEEL-1 OF ID: LY 'ACc)rWQ" `i CERTIFICATE OF LIABILITY INSURANCE DATE (MMIODA'YYY) 05/20/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER The Hartwell Corporation - Cal PO Box 400 CAO NT Lynn Hawley PHONE FAX alC No.E.I :208-459-1678 A/c No : 208-454-1114 Caldwell, ID 83606 Raymond Wolfe a oae ss:lynn@thehartwelicorp.com INSURER(S) AFFORDING COVERAGE NAICN INSURER A :The Cincinnati Ins Co 10677 INSURED AME Electric, Inc. INSURER B:Charter Oak Fire Insurance Co + 25615 3621 Arthur Street Caldwell, ID 83605 INSURERC: X EPP 0217359 INSURER D : INSURER E: DAMA _ET_ PRERE ET RE TED 500,00 Ea occurrence)$ INSURER F: CLAIMS -MADE [XI OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR TR2= TYPE OF INSURANCE ADDL SUB 21M POLICY NUMBER POLICY EFF MMIODIYYry LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,00 X COMMERCIAL GENERAL LIABILITY X X EPP 0217359 01/01/2014 01/0112015 DAMA _ET_ PRERE ET RE TED 500,00 Ea occurrence)$ CLAIMS -MADE [XI OCCUR MED EXP (Any one person) $ 10,00 PERSONAL S ADV INJURY $ 1,000,00 GENERAL AGGREGATE S 2,000,00 GENT AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO S 2,000,00 PHO1-1 LOC POLICY X JFCT Emp Ben. $ 1/300000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,00 Fa accident $ BODILY INJURY (Par person) $ A X ANY AUTO EBA 0217359 01/0112014 0110112015 ALL OWNED SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ X HIRED AUTOS HMNOWOED AUTOS PROPERTY DAMAGE $ PER ACCIDENT X UMBRELLA LIABX OCCUR EACH OCCURRENCE $ 4,000,00 AGGREGATE $ 4,000,00 A EXCESSLIAB CLAIMS -MADE EPP 0217359 01/01/2014 01/0112015 DED X RETENTION$ O IS BANY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PROPRIETORIPARTNERIEXECUTIVE Y/N X UB1757X25214 01101/2014 01/0112015 X YVC STATU- LER TORY LIM TS ER E.L. EACH ACCIDENT $ 1,000,00 OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYEE $ 1,000,00 IF yes, describe under DESCRIPTION OF OPERATIONS below E. L. DISEASE -POLICY LIMIT $ 1,000,00 A Leased Equip EPP 0217359 01/01/2014 01/01/2015 Leased 100,00 Equip DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) City of Meridian and as per contract are named as additional insured regarding the project Well 9, Well 21 and Well 22 Control Systems Upgrades Construction per form GA 233 02 07 included. Blanket Waiver of Subrogation applies in favor of the City of Meridian. CITME-5 City of Meridian Purchasing Department 33 East Broadway Ave Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE c.�,f © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010105) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Begins on Page: 1. Employee Benefit Liability Coverage.................................................................................................2 2. Unintentional Failure to Disclose Hazards.........................................................................................7 3. Damage to Premises Rented to You.................................................................................................8 4. Supplementary Payments..................................................................................................................9 5. Medical Payments..............................................................................................................................9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control LiabilityCoverage (Coverage b.............................................................................................9 9 ( 9 ) .......... . 7. 180 Day Coverage for Newly Formed or Acquired Organizations...................................................10 8. Waiver of Subrogation.....................................................................................................................10 9. Automatic Additional Insured -Specified Relationships: ...............................................................10 • Managers or Lessors of Premises; • Lessor of Leased Equipment; Vendors; • State or Political Subdivisions - Permits Relating to Premises; State or Political Subdivisions - Permits; and • Contractors' Operations 10. Broadened Contractual Liability - Work Within 50' of Railroad Property.........................................14 11. Property Damage to Borrowed Equipment......................................................................................14 12. Employees as Insureds - Specified Health Care Services: ...........................................................14 Nurses; Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence....................................................................................................14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown in the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Bail bonds: $ 1,000 b. Loss of earnings: $ 350 5. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 1 of 15 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise staled COVERAGE PREMIUM BASIS RATE ADVANCEPREMIUM a Area (For Limits in Excess of (For Limits in Excess of a. The following is added to SECTION I b Payroll $5,000) $5,000) Liability Coverage. C Gross Sales ity to pay sums or perform d Units (a) We will pay those sums that unless explidtly provided for the insured becomes legally e Other obligated to pay as dam- ments. b. Care, Custody (b) This Insurance applies to ror or omission of the in- $ or Control ror or omission, is negli- son for whose ads the in- gently committed in the TO TALANNUALPREMIUM administration' of your which this insurance a 11. Property Damage to Borrowed Equipment Each Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the appli- cable limit of insurance 1. Employee Benefit Liability Coverage in the payment of a. The following is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit menu. Liability Coverage. No other obligation or liabil- ity to pay sums or perform acts or services is covered (a) We will pay those sums that unless explidtly provided for the insured becomes legally under Supplementary Pay - obligated to pay as dam- ments. ages caused by any ad, er- (b) This Insurance applies to ror or omission of the in- damages only if the act, er- sured, or of any other per- ror or omission, is negli- son for whose ads the in- gently committed in the sured is legally liable, to administration' of your which this insurance a "employee benefit pro - plies. We will have the right and duty to defend the in- sured against any "suit" 1) Occurs during the pol- seeking those damages. icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this insurance does endorsement provided: not apply. We may, at our discretion, Investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit" that may re- or before the ef- sult. But: fective date of this endorsement. 1) The amount we will pay for damages is limited You will be as described in SEC- deemed to have TION III - LIMITS OF knowledge of a INSURANCE; and claim or "suit" when any "author - 2) Our right and duty to ized representa- defend ends when we tive"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 2 of 15 GA 233 02 07 Damages arising out of fail- i) Reports all, or ure of performance of con- formance of investment tract by any insurer. any part, of the (d) Insufficiency of Funds vehicles; or act, error or omission to us Damages arising out of an 3) Advice given to any insufficiency of funds to or any other meet any obligations under person with respect to any plan included in the insurer; "employee benefit pro- that person's decision gram". any: (e) Inadequacy of Perform- to participate or not to ance of Investment / Ad- II) Receives a vice Given With Respect participate in any plan to Participation written or ver- included in the "em- bal demand or ployee benefit pro- claim for dam- gram". ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of your b) There Is no other failure to comply with the applicable Insur- mandatory provisions of any ance. workers' compensation, un- employment compensation (2) Exclusions insurance, social security or disability benefits law or any This insurance does not apply similar law. to: (g) ERISA (a) Bodily Injury, Property Damage or Personal and Damages for which any in - Advertising Injury sured is liable because of li- ability ability Imposed on a fiduci- Bodily injury", "pro "property P y ary by the Employee Re - damage" or "personal and tirement Income Security advertising Injury". Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any (h) Available Benefits intentional, dishonest, fraudulent, criminal or mali- Any claim for benefits to the cious act, error or omission, extent that such benefits are committed by any insured, available, with reasonable including the willful or reck- effort and cooperation of the less violation of any statute. insured, from the applicable (c) Failure to Perform a Con- funds accrued or other col - tract lectible insurance. Damages arising out of fail- (I) Taxes, Fines or Penalties ure of performance of con- Taxes, fines or penalties, tract by any insurer. including those imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to (j) Employment Related meet any obligations under Practices any plan included in the "employee benefit pro- Any liability arising out of gram". any: (e) Inadequacy of Perform- (1) Refusal to employ; ance of Investment / Ad- vice Given With Respect (2) Termination of em - to Participation ployment; Any claim based upon: (3) Coercion, demotion, 1 Failure of an invest- evaluation, reassign- ) Y ment, discipline, defa- ment to perform; mation, harassment, 2) Errors in providing in- humiliation, discrimina- formation on past per- tion or other employ - Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exdusion applies whether the insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who is an Insured As respects Employee Benefit Liabil- ity Coverage, SECTION II -WHO IS AN INSURED is deleted in its en- tirety and replaced by the following: (1) If you are designated in the Dec- larations eo-larations as: (a) An individual, you and your spouse are insureds, but only with respect to the con- duct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also Insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insur- eds, but only with respect to their duties as your manag- ers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and di- rectors are Insureds, but only with respect to their du- ties as your officers or dlrec- tors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. (e) A trust, you are an insured. Your trustees are also in- sureds, but only with re- spect to their duties as trus- tees. (2) Each of the following is also an insured: (a) Each of your "employees" who is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authoriza- tion to administer your "em- ployee benefit program" if you die, but only until your legal representative is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability company, and over which you maintain ownership or majority interest, will qualify as a Named Insured if no other simi- lar insurance applies to that or- ganization. However, coverage under this provision: (a) Is afforded only until the 1801h day after you acquire or form the organization or the end of the policy period, whichever is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the organi- zation. c. Limits of Insurance As respects Employee Benefit Liabil- ity Coverage, SECTION III - LIMITS OF INSURANCE is deleted In its en- tirety and replaced by the following: (1) The Limits of Insurance shown in Section B. Limits of Insur- ance, 1. Employee Benefit Li- ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 4 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 (b) Claims made or "suits" (b) The deductible amount brought; stated in the Declarations applies to all damages sus- c Persons or organizations () 9 tained by any one "em - making claims or bringing ployee", including such "em - 'suits'; ployee's" dependents and (d) Acts, errors or omissions; or beneficiaries, because of all ads, errors or omissions to (e) Benefits included in your which this Insurance ap- "employee benefit pro- plies. gram". (c) The terms of this insurance, (2) The Aggregate Limit shown in including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Liability 1) Our right and duty to Coverage of this endorsement defend the insured is the most we will pay for all against any suits" damages because of ads, errors seeking those dam - or omissions negligently commit- "administration" ages; and ted in the of your "employee benefit pro- 2) Your duties, and the gram". duties of any other in - (3) Subject to the limit described In volved insured, in the (2) above, the Each Employee event of an ad, error or Limit shown in Section B. Limits omission, or claim, of Insurance, 1. Employee apply irrespective of the ap- Benefit Liability Coverage of plication of the deductible this endorsement is the most we amount. will pay for all damages sus- tained by any one "employee', (d) We may pay any part or all including damages sustained by of the deductible amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit" and, upon no - no- tification of the action taken, (a) An ad, error or omission; or you shall promptly reim- (b) A series of related acts, er- burse usfor such part of the rors or omissions, regard- deductible amount as we less of the amount of time have paid. that lapses between such d. Additional Conditions acts, errors or omissions, i- As respects Employee Benefit Li- ne li entl committed in the negligently g 9 Y ability Coverage, SECTION IV - "administration" of your "em- COMMERCIAL GENERAL LIABIL- ployee benefit program". ITY CONDITIONS is amended as fol - However, the amount paid under lows: this endorsement shall not ex- (1) Item 2. Duties in the Event of ceed, and will be subject to the Occurrence, Offense, Claim or limits and restrictions that apply Suit is deleted in its entirety and tothe payment of benefits in any replaced by the following: plan included in the "employee benefit program". 2. Duties in the Event of an Act, Error or Omission, or Claim or Suit (4) Deductible Amount a. You must see to it that we are noti- a Our obligation to a dam- () 9 pay fied as soon as practicable of an act, ages on behalf of the in- error or omission which may result in sured applies only to the a claim. To the extent possible, no - amount of damages in ex- tice should include: cess of the deductible amount stated in the Decla- (1) What the act, error or omission rations as applicable to was and when it occurred; and Each Employee. The limits of insurance shall not be re- (2) The names and addresses of duced by the amount of this anyone who may suffer dam - deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 5 of 15 b. If a claim is made or "suit" is brought against any Insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify us as soon as practicable. You must see to It that we receive written notice of the claim or "suit' as soon as practicable. c. You and any other involved insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers received in connection with the claim or "suit" (2) Authorize us to obtain records and other information; (3) Cooperate with us in the investi- gation or settlement of the daim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the insured because of an act, error or omission to which this Insur- ance may also apply. d. No insured will, except at that in- sured's own cost, voluntarily make a payment, assume any obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted in its entirety and replaced by the following: 5. Other Insurance If other valid and collectible insurance is available to the insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this insurance is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described In b. below. b. Method of Sharing If all of the other insur- ance permits contribu- tion by equal shares, we will follow this method also. Under this approach each in- surer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under ,this method, each insurers share is based on the rata of its applicable limit of in- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the insured is en- titled to recovery under any other insurance in force previous to the ef- fective date of this Coverage Part. e. Additional Definitions As respects Employee Benefit Li- ability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs"; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records In connection with the "employee benefit pro- grams"; or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 in any benefit included benefits, workers' com- in the "employee bene- pensation and disability fit program". benefits; and However, "administration" d. Vacation plans, includ- does not include: ing buy and sell pro- grams; leave of ab - a. Handling payroll sence programs, in - tions; or cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assis- or adequate limits of tance plans; transporta- coverage of insurance, lion and health club including but not limited subsidies. to unemployment in- (2) The following definitions are de- surance, social security leted in their entirety and re - benefits, workers' com- placed by the following: pensatlon and disability benefits. 21. "Suit' means a civil pro - 2. "Cafeteria ceeding in which money plans" means damages because of an act, plan authorized by applica- error or omission to which ble law to allow "employ- this insurance applies are ees" to elect to pay for cer- alleged. "Suit" includes: lain benefits with pre-tax dollars. a. An arbitration proceed- ing in which such dam - 3. "Employee ages are claimed and grams" means a program to which the insured providing some or all of the must submit or does following benefits to "em- submit with our con- ployees", whether provided sent; through a "cafeteria plan" or otherwise: b. Any other alternative dispute resolution pro- a. Grouplife insurance; ceeding in which such group accident or damages are claimed health insurance; den- and to which the in- ial, vision and hearing sured submits with our plans; and flexible consent; or spending accounts; provided that no one c. An appeal of a civil pro - other than an "em- ceeding. ployed' may subscribe to such benefits and 8. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave of those "employees" who absence or disabled, or re - satisfy the plan's eligi- tired. "Employee" Includes bility requirements; a "leased worker". "Em- ployee" does not include a b. Profit sharing plans, 'temporary worker". employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownership plans, pen- ards sion plans and stock SECTION IV - COMMERCIAL GENERAL subscription plans, pro- LIABILITY CONDITIONS, 7. Represen- vlded that no one other tations is hereby amended by the addi- than an employee" tion of the following: may subscribe to such benefits and such Based on our dependence upon your rep - benefits are made gen- resentations as to existing hazards, if un- erally available to all intentionally you should fail to disclose all "employees" who are such hazards at the inception date of your eligible under the plan policy, we will not reject coverage under for such benefits; this Coverage Part based solely on such failure. C. Unemployment insur- ance, social security Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 7 of 15 3. Damage to Premises Rented to You Nesting or Infesta- tion, discharge a. The last Subparagraph 9 P re or release of 2. SECTION I - COVERAGES, waste products or COVERAGE A. - BODILY INJURY secretions, by in - AND PROPERTY DAMAGE, 2. LI- sects, birds, ro- ABILITY Exclusions is hereby de- dents or other leted and replaced by the following: animals. Exclusions c. through q, do not apply (b) Loss caused directly or indi- to damage by fire, a)plosion, light- rectly by any of the follow- ning, smoke or soot to premises ing: while rented to you or temporarily oc- cupied by you with permission of the 1) Earthquake, volcanic owner. eruption, landslide or ther earth move - b. The insurance provided under SEC- m y t TION I- COVERAGES, COVERAGE A. BODILY INJURY AND PROP- 2) Water that backs up or ERTY DAMAGE LIABILITY applies overflows from a sewer, to "property damage" arising out of drain or sump; water damage to premises that are 3) Water under the both rented to and occupied by you. ground surface pressing on, or (1) As respects Water Damage Le- flowing or seeping gal Liability, as provided in through: Paragraph 3.b. above: a) Foundations, The exclusions under SECTION walls, floors or 1 - COVERAGES, COVERAGE paved surfaces; A BODILY INJURY AND b) Basements, PROPERTY DAMAGE LIABIL- ITY, 2. Exclusions, other than 1. whether paved or War and the Nuclear Energy not; or Liability Exclusion, are deleted c) Doors, windows or and the following are added: other openings. This insurance does not apply (c) Loss caused by or resulting to: from water that leaks or (a) "Property damage": flows from plumbing, heat- ing, air conditioning, or fire 1) Assumed in any con- protection systems caused tract; or by or resulting from freez- Ing, unless: 2) Loss caused by or re- sulting from any of the 1) You did your best to following: maintain heat in the building or structure; or a) Wear and tear; 2) You drained the b Rust, corrosion, } equipment and shut off fungus, decay, de- the water supply if the terloration, hidden heat was not main - or latent defect or tained, any quality in property that (d) Loss to or damage to: causes it to dam- age or destroy it- 1) Plumbing, heating, air self; conditioning, fire pro- tection systems, or C) Smog; other equipment or ap- pliances; or d) Mechanical break- down including 2) The interior of any rupture or bursting building or structure, or caused by cen- to personal property in trifugal force; the building or structure caused by or resulting e Settling,cracking, g, from rain, snow, sleet shrinking or ex- or ice, whether driven pansion; or by wind or not. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 8 of 15 c. Limit of Insurance The Damage to Premises Rented to You Limit as shown in the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit is the most we will pay under COVERAGE A BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "prop- erty damage" to premises while rented to you or tem- porarily occupied by you with permission of the owner, arising out of any one "occurrence" to which this insurance applies. (3) The amount we will pay is lim- ited as described in Section B. Limits of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4. Supplementary Payments Under SECTION I - COVERAGE, SUP- PLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. is replaced by the fol- lowing: Up to the limit shown in Section B. Limits of Insurance, 4.a. Bail Bonds of this endorsement for cost of ball bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies. We do not have to furnish these bonds. b. Paragraph 4. is replaced by the fol- lowing: All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the daim or "suit", including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. S. Medical Payments Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage a. Voluntary Property Damage Cov- erage We v ill pay for "property damage" to property of others arising out of op- erations incidental to the insured's business when: (1) Damage is caused by the in- sured; or (2) Damage occurs while in the in- sured's possession. With your consent, we will make these payments regardless of fault. b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, j. Damage to Prop- erty, ro - erty, Subparagraphs (3), (4) and (55) do not apply to "property damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the lim- its designated in Section B. Limits of Insurance, 6. Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are inclusive of and not in addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay in any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "suits" brought; or (3) Persons or organizations making claims or bringing "suits". b. Deductible Clause The Medical Expense Limit of Any One (1) Our obligation to pay damages Person as staled in the Declarations is on your behalf applies only to amended to the limit shown in Section B. the amount of damages for each "occurrence" which are in ex - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 9 of 15 cess of the deductible amount (1) Any person or organization de - stated in Section B. Limits of scribed in Paragraph 9.a.(2) be - Insurance, 6. Voluntary Prop- low (hereinafter referred to as ertyy Damage and Can:, Cus- additional insured) whom you tody or Control Liability Cov- are required to add as an addi- erage of this endorsement. The tional insured under this Cover - limits of insurance will not be re- age Part by reason of: - duced by the application of such deductible amount. (a) A written contract or agree- ment; or (2) Condition 2. Duties in the Event of Occurrence, Offense, (b) An oral agreement or con - Claim or Suit, applies to each tract where a certificate of claim or "suit" irrespective of the insurance showing that per - amount. son or organization as an additional insured has been (3) We may pay any part or all of Issued, the deductible amount to effect settlement of any claim or "suit" is an insured, provided: and, upon notification of the ac- (a) The written or oral contract tion taken, you shall promptly re- or agreement is: imburse us for such part of the deductible amount as has been 1) Currently in effect or paid by us. becomes effective dur- 180 Day Coverage for Newly Formed or the policy period; ing7. Acquired Organizations SECTION II - WHO IS AN INSURED is 2) Executed prior to an occurrence" or offense amended as follows: to which this insurance Subparagraph a. of Paragraph 4. is would apply; and hereby deleted and replaced by the fol- (b) They are not specifically lowing: named as an additional in - a. Insurance under this provision is af- sured under any other pro - forded only until the 180th day after vision of, or endorsement you acquire or form the organization added to, this Coverage or the end of the policy period, Part. whichever Is earlier; (2) Only the following persons or 8. Waiver of Subrogation organizations are additional in- sureds under this endorsement, SECTION IV - COMMERCIAL GENERAL and Insurance coverage pro - LIABILITY CONDITIONS, 9. Transfer of vided to such additional insureds Rights of Recovery Against Others to Is limited as provided herein: Us is hereby amended by the addition of (a) The manager or lessor of a the following: premises leased to you with We waive any right of recovery we may whom you have agreed per have because of payments we make for Paragraph 9.a.(1) above to injury or damage arising out of your ongo- provide insurance, but only ing operations or "your work" done under with respect to liability aris- a written contract requiring such waiver ing out of the ownership, with that person or organization and in- maintenance or use of that cluded In the "products -completed opera- part of a premises leased to tions hazard". However, our rights may you, subject to the following only be waived prior to the "occurrence" additional exclusions: giving rise to the injury or damage for which we make payment under this Cov- This insurance does not ap- erage Part. The insured must do nothing ply to: after a loss to impair our rights. At our "suit' 1) Any "occurrence" which request, the Insured will bring or takes place after you transferthose rights to us and help us en- cease to be a tenant in force those rights. that premises. 9. Automatic Additional Insured - Speci- 2) Structural alterations, fied Relationships new construction or a. The following Is hereby added to demolition operations SECTION II -WHO IS AN INSURED: performed by or on be - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 half of such additional solely for the pur- insured. pose of inspection, demonstration, (b) Any person or organization testing, or the from which you lease Y substitution of equipment with whom you parts under in - have agreed per Paragraph structions from the 9.a,(1) above to provide in- manufacturer, and surance. Such person(s) or then repackaged organization(s) are insureds in the original con - solely with respect to their tainer; liability arising out of the maintenance, operation or e) Any failure to use by you of equipment make such Inspec- leased to you by such per- tions, adjustments, son(s) or organizattons(s). tests or servicing However, this insurance as the vendor has does not apply to any "oc- agreed to make or currence" which takes place normally under - after the equipment lease takes to make in expires. the usual course person or organization (C) Any P 9 of business, to connection with (referred to below as ven- the distribution or dor) with whom you have sale of the prod - agreed per Paragraph ucts; 9.a.(1) above to provide in- surance, but only with re- f) Demonstration, in- spect to "bodily Injury" or stallation, servic- "property damage" arising ing or repair op - out of "your products" which erations, except are distributed or sold in the such operations regular course of the ven- performed at the dor's business, subject to vendor's premises the following additional ex- in connection with clusions: the sale of the 1) The insurance afforded product; the vendor does not g) Products which, apply to: after distribution or sale by you, have a 'Bodil injury" or Y 1 rye been labeled or re - "property damage" labeled or used as for which the ven- a container, part or dor is obligated to ingredient of any pay damages by other thing or sub - reason of the as- stance by or for sumption of liabil- the vendor. ity in a contract or agreement. This 2) This insurance does exclusion does not not apply to any in - apply to liability for sured person or organk damages that the zation: vendorwould have in the absence of a) From whom you the contract or have acquired agreement; such products, or any ingredient, b) Any express war- part or container, ranty unauthorized entering into, ac - by you; companying or c) Any physical or containing such products; or chemical change in the product b) When liability in - made intentionally cluded Wthin the by the vendor; "products- ) Repackaging, completed completed opera- tions hazard" has unless unpacked Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 11 of 15 been excluded (f) Any person or organization under this Cover- with which you have agreed age Part with re- per Paragraph 9.a.(1) above spect to such to provide insurance, but products. only with respect to liability d An state or political subdi- () Y P arising out of "your work" performed for that additional vision with which you have insured by you or on your agreed per Paragraph behalf. A person or organi- 9.a(1) above to provide in- zation's status as an insured surance, subject to the fol- under this provision of this lowing additional provision: endorsement continues for This insurance applies only only the period of time re - with respect to the following quired by the written con - hazards for which the state tract or agreement, but In no or political subdivision has event beyond the expiration issued a permit in connec- date of this Coverage Part. tion with premises you own, If there is no written contract rent or control and to which or agreement, or if no pe - this insurance applies: riod of time is required by the written contract or 1) The existence, mainte- agreement, a person or or- nance, repair, construc- ganization's status as an in - tion, erection, or re- sured under this endorse- moval of advertising ment ends when your op - signs, awnings, cano- erations for that insured are pies, collar entrances, completed. coal holes, driveways, manholes, marquees, (3) Any insurance provided to an hoist away openings, additional insured designated under Paragraph 9.a.(2): sidewalk vaults, street banners, or decorations (a) Subparagraphs (e) and (f) and similar exposures; does not apply to "bodily in - or jury" or "property damage" 2) The construction, erec- Included within the "prod - tion, or removal of ele- ucts-completed operations vators; or hazard"; 3) The ownership, main- (b) Subparagraphs (a), (b), (d), tenance, or use of any (e) and (f) does not apply to 'property elevators covered by bodily injury", "personal this insurance. damage" or and advertising injury" arising (e) Any state or political subdi- out of the sole negligence or vision with which you have willful misconduct of the ad - agreed per Paragraph ditional insured or their 9.a(1) above to provide in- agents, "employees" or any surance, subject to the fol- other representative of the lowing provisions: additional Insured; or 1) This insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily injury", erations performed by "property damage" or "per - you or on your behalf sonal and advertising injury" for which the state or arising out of: political subdivision has 1) Defects in design fur- issued a permit. nished by or on behalf 2) This insurance does of the additional in - not apply to "bodily in- sured; or jury", "property dam- age" or 'personal and 2) The rendering of, or advertising injury" aris- failure to render, any ing out of operations professional architec- performed for the state tural, engineering or or political subdivision. surveying services, in- cluding: Includes copyrighted material of Insurance GA 233 02 07 Services Off oe, Inc., with its permission. Page 12 of 15 a) The preparing, primary to other insurance approving or fail- available to the additional ing to prepare or insured except: approve maps, shop drawings, 1) As otherwise provided opinions, reports, in SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, 5. and spedficaticns; Other Insurance, b. and Excesslnsurance;or b) Supervisory, in- 2) For any other valid and spection, architec- collectible insurance tural or engineer- available to the addi- ing activities. tional insured as an additional insured by 3) "Your work" for which a attachment of an en - consolidated (wrap-up) dorsement to another insurance program has Insurance policy that is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the coverage provided the construction project under this endorsement in which you are in- shall also be excess. volved. (2) Condition 11. Conformance to b. Only with regard to insurance pro- Specific Written Contract or vided to an additional insured desig- Agreement is hereby added: nated under Paragraph 9.a.(2) Sub- paragraph t) above, SECTION III - 11. Conformance to Specific LIMITS OF INSURANCE is amended Written Contract or to include: Agreement The limits applicable to the additional With respect to additional insured are those specified in the insureds described in Para - written contract or agreement or in graph 9.a.(2)(f) above only: the Declarations of this Coverage If a written contract or Part, whichever are less. If no limits agreement between you are specified in the written contract or and the additional insured agreement, or if there is no written specifies that coverage for contract or agreement, the limits ap- the additional insured: pliable to the additional insured are those specified in the Declarations of a. Be provided by the In - this Coverage Part. The limits of in- surance Services Office surance are inclusive of and not in additional insured form addition to the limits of Insurance number CG 20 10 or shown in the Declarations. CG 20 37 (where edi- t. SECTION IV - COMMERCIAL GEN- tion specified); or ERAL LIABILITY CONDITIONS is b. Include coverage for hereby amended as follows: completed operations; (1) Condition S. Other Insurance is or amended to include: c. Include coverage for "your work"; (a) Where required by a written contract or agreement, this and where the limits or cov- Insurance is primary and / erage provided to the addi- or noncontributory as re- tional insured is more re- spects any other insurance strictive than was specifi- policy issued to the addi- cally required in that written tional insured, and such contract or agreement, the other insurance policy shall terms of Paragraphs be excess and / or noncon- 9.a.(3)(a), 9.a.(3)(b) or 9.b. tributing, whichever applies, above, or any combination with this insurance. thereof, shall be Interpreted b An insurance provded b () Y y as providing the limits or coverage required by the this endorsement shall be terms of the written contract Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 13 of 15 or agreement, but only to the extent that such limits or coverage is included within the terms of the Coverage Part to which this endorse- ment is attached. If, how- ever, the written contract or agreement species the In- surance Services Office ad- ditional insured form num- ber CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a(3)(a) and 9.a.(3)(b) of this endorsement shall not apply and Paragraph 9.b. of this endorsement shall ap- ply. 10. Broadened Contractual Liability -Work Within 517 of Railroad Property It is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) is deleted. 11. Property Damage to Borrowed Equip- ment a. The following is hereby added to Ex- clusion j. Damage to Propeof Paragraph 2., Exclusions of EC- TIONI-COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equip- ment loaned to you, provided they are not being used to perform opera- tions at the Ume of loss. b. With respect to the insurance pro- vided by this section of the endorse- ment, the following additional provi- sions apply: (1) The Limits of insurance shown in the Declarations are replaced by the limits designated in Section B. Limits of Insurance, 11, of this endorsement with respect to coverage provided by this en- dorsement. These limits are in- clusive of and not in addition to the limits being replaced. The Limits of Insurance shown In Section B. Limits of Insurance, 11. of this endorsement fix the most we will pay in anyone "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "suits". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated in Section B. Limits of Insur- ance, 11.,of this endorse- ment. The limits of insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit, ap- plies to each claim or "suit" irrespective of the amount. (c) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit" and, upon no- tification of the action taken, you shall promptly reim- burse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph 2.a.04(d) of SECTION II - WHO IS AN INS ED, does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, in the jurisdiction where an "occurrence" or offense to which this insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties in the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDI- TIONS) is hereby deleted and replaced by the following: a. You must see to it that we are noti- fied as soon as practicable of an "oc- currence" or an offense which may result in a claim. To the extent pos- sible, notice should include: (1) How, when and where the "oc- currence" or offense took place; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 14 of 15 (2) The names and addresses of any injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is (mown to an "authorized representative". Includes copyrigh(ed material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 15 of IS Bond No. IDC 44606 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (None, legal statas and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Main¢, legal status and address) City of Meridian 33 E Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: May 27, 2014 Amount: s 164,491.00 SURETY: (Alarne, legal slams and p incipal place ofbuslness)� Merchants Bonding Company (Mutual) 2100 Fleur Drive This document has Important legal Des Moines, IA 50321-1158 consequences. Consultation with Mailing Address for Notices an attorney Is encouraged with respect to Its completion or Merchants Bonding Company (Mutual) modification. 2100 Fleur Drive, Des Moines, IA 50321-1150 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Description: (Marne and location) Wells 9, 21 & 22 Control System Upgrades - Construction. Project If 10417.P BOND Date: May 27, 2014 (Not earlier than Construction Conh act Date) Amount: sl 64,491 .00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Modifications to this Bond: X❑ None ❑ Sec Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Carpor ale seal) Company: (Corporate Seal) AME Electric, Inc. Merchants Bonding Company (Mutual) '.Sigrahim: Signature: NMichael TenHulzen Zachary A Dehne ng Name y I and ldl�;: sr7 5 4, and Title: Attorney -in -Fact (Any'additlonal signatures appear on the last page of oris Performance Borrel) (FOR INFORM4TION ONLY —Naar e, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-18521AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other early:) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractorperforms the Construction Contract, the Surely and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 31f there is no OvmerDefoult under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shut indicate whether the Owner is requesting a conference among the Oxvner, Contractor mid Surety to discuss the Contractor's performance. If the Owncr docs not request a conference, the Surety may, within five (5) business Jays after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within len (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surely agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default .2 the Owner declams a Contractor Default, terminates the Construction Contract and notifies die Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surely from its obligations, except to die extent die Surety dernonstrales actual prejudice. § 5 When the Owner bus satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through Its agents or independent contractors; § 6.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owners concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incun•ed by the Owner as a result of the ContractorDefault or § 5.4 Waive its right to perform and complete, avenge for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is delcamincd, make payment to the Owvncr, or .2 Deny liability in whole or in part and notify die Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default oa this Bond seven days after receipt of an additional wvriden notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bund, and the Ownershall be entitled to enforce any remedy available to the Owner. If die Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in pan, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1852/AS 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than Those of the Contractor under the Construction Convert, and the responsibilities of the Owner to the Surety shall not be greater than Those of the Owner under the Construction Contract. Subject To the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for A the responsibilities of the Contractor for correction ofdefeetivewmlcand completion of the. Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 I the Surety elects to act under Section 5.1, 5.3 or 5!I, die Surety's liability is limited to the amount of this Bond. § 9 The Surely shall not be liable to the Owner or others for obligations of the Contractor that arc unrelated to the Construction Contract, and the Balance of the Contract Price shut] not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurlsd iction in the location in which the work or part of the work 1s located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or falls to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties m a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears, § 13 When Oils Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. no total amount payable by the Owner to the Contractor under the Conslmclion Contract after all proper adjustments have bean made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on belief rof the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement behveen the Omar and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of The Omer, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.6 Contract Documents. All the documents that comprise the agreement between the Omer and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor In this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852/AS 8/10 § 16 Modifications to this bond are as follows: N/A (Space is provided helou, for• additional signahrres of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address 5-18521AS 8110 Bond No. IDC 44606 Document A312TM-2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond CONTRACTOR: SURETY: aVaace, legal scams and address) (Nance, legal status and principal place of bnsiness)� Merchants Bonding Company (Mutual) f 1y AME Electric, Inc. 2100 Fleur Drive This document has Important legal 3621 Arthur St Des Moines, IA 50321-1158 consequences. Consultation with Caldwell, ID 83605 Mailing Address for Notices an attorney Is encouraged with respect to Its completion or Merchants Bonding Company (Mutual) modification. OWNER: (,Vance, legal stalus and address) 2100 Fleur Drive, Des Moines, IA 50321-1158 Any singular rererence to Contractor, Surety, Owner or other party shall he considered City of Meridian plural where applicable, 33 E Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT nate: May 27, 2014 Amount: sl 64,491.00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Description: (Nmne and location) Wells 9, 21 & 22 Control System Upgrades - Construction. Project # 10417.P BOND Date: May 27, 2014 (,Vol earlier than Construction Contract Date) Amount: S 164,491 .00 One Hundred Sixty Four Thousand Four Hundred Ninety One Dollars and 00/100 Modi citation to this Bond:Xl None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) AME Eledtrc, Inc. Merchants Bonding Company (Mutual) �y Signature:.�, be Signal=: Name Mlch'ae Tt: Hulzen Nemo Zachary A ne and Title � StC�C+'L and Title, (Any additional signatures appear on the Iasi page of this Payment Bond) (FOR /NFORNATION ONLY —Nance, address and telephone) AGENTorBROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-2149/AS 8110 OWNER'S REPRESENTATIVE: (Architect. Engineer a• other party.) § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment famished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 I the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surely (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment famished for use in the performance orthe Construction Contract and tendered defense ofsuch claims, demands, liens or suits to the Contractor and the Surely. § 4 When the Owner has satisfied the conditions in Section 3, the Surely shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to [lie Contractor, staling with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, famished or supplied or for whom the labor was done or performed, within ninety (90) days after having lost performed labor or last famished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6,2 Claimants, who arc employed by or have a direct comma( with the Contractor, have sent a Claim to die Surety (at the address described in Section 13). § 6 if a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimanlhas satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the fallowing actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) clays after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify die Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § Q The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable uttomey's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds named by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. , 8-2149/AS 8110 § 10 Thu Surety shall not be Mable to the Owner, Claimants or others for obligations of the Contractor that me unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of my Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of coinpelentJurisdiction in the slate in which the project that is the subject of the Construction Contract Is located or after the expiration ofone year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the previsions of this Paragraph we void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jmisdicllon of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be moiled or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been fiimished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond con 0leting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shot be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Ownershall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant•, .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract, .4 a brief description of the labor, materials or equipment famished; .6 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the dale of the Claim. § 16.2 Claimant. An Individual or entity having a direct contract with The Contractor or with a subcontractor of the Contractor to famish labor, materials or equipment for mein the performance of the Construction Contract. The term Claimant also includes any Individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the loons "labor, materials or equipment" that pan ofwate, gas, power, light, heat, oil, gasoline, telephone service or rental equipmenlused in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contmcloes subcontractors, and all other items for which a mechanic's lien maybe asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Conslructlon Contract. The agreement between the Owner and Contractor identified on the cover page, Including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491AS 6170 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shell be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are us follows; N/A (Space is provided below for additional signalures ofadded parlies, other than (hare appearing on die coverpage.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corparare Seal) Signature: Name and Address S-2149/AS 8110 Signature: Name and Title; Address MERCHANTS BONDING COMPANY. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the Slate of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Traci McClure; Zachary A Dehne of Caldwell and State of Idaho their true and lawful Atlomey-in-Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of. TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fad, and to authorize them to execute on behalf of the Company, and attach the seal of the Company [hereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed:" In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of April , 2014. -0- 2003 STATE OF IOWA COUNTY OF POLK as. Oa�\NPO 0�°9'• AqA :yam •2: Q'• 1933 : C :yv•.• •�Cti. MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. By /.,f-7 7 President On this 29thday of April 2014, before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT n Lr Commission Number 770312 My Commission Expires g °N'"• October 28, 2014 Notary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on 27th day of May 2014 -0- 2003 POA 0014 (11!11) Secretary Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: RECREATIONAL PATHWAY EASEMENT Recreational Pathway Easement Between Jack's and Jesse's Place LLC and the City of Meridian for Jack's Place Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes 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 BOISE IDAHO 06/05/14 10:46 AM DEPUTY l Garreff RECORDED 81REQUEST OF Meridian City 114043556 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this _aL day of ,_),,, 2014{ between JaLx 5 a-Te5jr)S PWu L �, 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. A...- 4;.. ] Doth.:,o., Vo --4 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 such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned 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 the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. G TOR: o aks o. d .res -we- P/ L 6 : ItsR Its: STATE OF IDAHO ) ) ss County of Ada ) On this 24 day of Olm, , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared -Dove- T.+ner ,known 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 day and year fist above written. A. No'rA,gy �'UB LiG IT Ao...va Hnnnl Pof6.. .: Foan...nnf Residing at: Commission and affixed my official seal the GRANTEE: CITY OF MERIDIAN Holman, City Clerk Approved By City Council On: , ) L)-� 3 DSD 1 `i STATE OF IDAHO ) ss. County of Ada ) Do 4 On this day of ,� 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. ,goes.. .•1GA J®1jr••, TA (SEALAWPU 'O• nFl�g• NOT�RY I Resi mia at: Commission Expires: I c) Z) C' Sawtooth Land Surveying, LLC F: (208) 398-8104 F: (208) 398-8105 207 W. Main 5t, Emmett, ID 83617 May 28, 2014 Legal Description for Jack's Place Subdivision Recreational Pathway Easement A parcel of land being a portion of Lot 7 of Edmonds Subdivision, as shown in Book 33 of Plats, Pages 2050-2051, Ada County Records, within Government Lot 3 of Section 19, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a found aluminum cap, marking the W 1/4 corner of said Section 19; Thence South 0056'09" West, coincident with the west line of said Government Lot 3 of Section 19, a distance of 1330.58 feet to a found 5/8" rebar no cap marking the 51/16 corner common to Sections 19 and 24: Thence South 89059'01" East, coincident with the south line of said Government Lot 3 of Section 19, a distance of 60.01 feet to the Point of Beginning; Thence North 0056'09" East, coincident with the easterly right of way line of S. Meridian Road, 342.02 feet to the southerly right of way line of E. Edmonds Drive; Thence South 88959'34" East, coincident with said southerly right of way line of E. Edmonds Drive, 10.00 feet; Thence South 0056'09" West, parallel with said west line of Government Lot 3 of Section 19, a distance of 341.85 feet to the south line of said Government Lot 3 of Section 19; Thence North 89°59'01" West, coincident with said south line of Government Lot 3 of Section 19, a distance of 10.00 feet to the Point of Beginning; The above described parcel contains 3419 square feet more or less. Together with and subject to covenants, easements and restrictions of record. P:1201113022 -JACKS PLACE SUB - DAVE TURNER1DrawingslDescriptions113022-RECREATIONAL PATHWAY EASEMENT.docx Paye 11 N 41 o a^v=i^ 1 ,00 O M ,10,69.68 N dVJ ON � to I 00 00'01 lo,5s se s ° =9/9 ONNO! � Co 0000 2 .10'09 93NNOJ 91/1 s ¢ M p 1 U�0°Q z 1 �k� 2 in o W a� O �3 1 , � 1 I LW I � w qqI O ZZ'� NI Ido � QU L Z U ,.i Q at g SJPv YOR zz w ccal �Y0 viwm La Q W J W O�ss�o PGP a�zQ kid Cho a x 3 „4£,69.88 S 3AIN0 SOA00'01 10NO3 3 ti I 2 40 NININN7Y ON110! N3NWJ #/1 61 4Z Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: APPROVAL OF TASK ORDER 10494.A Approval of Task Order 10494.a for "Locust Grove Waterline Extension, Blackrock to Reflection Ridge - Design" to JUB Engineers in the Not -To -Exceed Amount of $94,934.00. MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Kyle Radek, Emily Skoro Date: 5/29/2104 Re: June 3 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 3 City Council Consent Agenda for Council's consideration. Approval of Task Order 10494.a for "Locust Grove Waterline Extension Blackrock to Reflection Ridge - Design" to JUB Engineers in the Not -To -Exceed amount of $97,934.00. This Task Order is written against the current Master Agreement (1 a) between the parties. Recommended Council Action: Approval of Task Order 10494.a, Locust Grove Waterline Extension, Blackrock to Reflection Ridge — Design, to JUB Engineers, Inc. for the Not -To -Exceed amount of $97,934.00. Thank you for your consideration 0 Page 1 TASK ORDER NO. 10494.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND J -U -B ENGINEERS, INC (ENGINEER) This Task Order is made this 3rd day of June, 2014 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 (J -U -B ENGINEERS. INCL hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 1 a) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10494.a is as follows: LOCUST GROVE WATERLINE EXTENSION, BLACKROCK TO REFLECTION RIDGE - Design PROJECT UNDERSTANDING The CITY intends to complete preliminary and final design on the master planned waterline linking the existing distribution system just south of Wrightwood Drive on S. Locust Grove Road to the existing system in E. Hyper Drive in the Blackrock Subdivision. The alignment will include approximately 3,650 feet of piping south from Wrightwood Drive to Mary Lane, and then east for approximately 1,800 linear feet along Mary Lane and across private property to the connection point in the Blackrock Subdivision. The routing from Locust Grove Road to Blackrock Subdivision will ultimately be determined through the easement negotiations that are currently underway with property owners in the area. This connection will provide a second water main connection to the area in Pressure Zone 5. OWNER INFORMATION, RESPONSIBILITIES and PROJECT ASSUMPTIONS Project Scoping Assumptions 1. The City will provide to J -U -B the following: • record drawings for Blackrock Subdivision, Estancia Subdivision, and Bellingham Park Subdivision No. 1. 2. The City will provide the following during any bidding process: • all bidding and contract documents including, but not limited to, advertisement for bids, bid documents, contracts/agreements, and award documents. • provide all administration to bid the Project. • incorporate J -U -B's technical specifications and drawings into Bidding and Contract Document using the City's contracting boiler plate to bid the construction of the Project. • the City will distribute the Bidding and Contract Documents for the construction of the Project. • following a review of the bids received for the construction of the Project, the City will award and execute a contract with the successful bidder. Task Older 10494.. SOUTH LOCUST GROVE WATER MAIN EXTENSION— Blackrock to Relleolion Ridge J -U -B ENGINEERS, INC. Page 1 of 3. The City will: • provide on-going review of J -U -B's work and timely consideration of design issues within a time acceptable to the City and J -U -B. • pay for all permits and fees needed for the Project. • provide project manager to serve as a liaison with other City departments and divisions to facilitate the project reviews and approval process. • provide the pipe size for the distribution system improvements and locations of fire hydrants. It is anticipated that the water main will either be 12 -inch or 16 -inch diameter within Locust Grove Road and 8 -inch diameter within Mary Lane and across private property(s) to the connection point in Blackrock Subdivision. 4. J -U -B will: • Utilize E -Builder for transmission of project documents including invoicing, reports, any electronic plan submittals, and construction submittal review. 5. Assumptions: • Items identified as the CITY's Responsibilities in Parts 1-3 above. SCOPE OF WORK J -U -B's Services under this Task Order are limited to the following tasks: Task 1: Project Administration & Meetings JUB will provide the overall project planning, management, scheduling, coordination of efforts and the day-to-day administrative tasks required for this Task Order. 1. Kickoff Meeting. Meet with the CITY to discuss project schedule, items to be provided by the CITY, permitting agency requirements, project communication, schedule, task order project management and tracking. 2. Progress Meetings. Meet with City staff to review on-going project work tasks, project issues, obtain direction from the CITY, and provide progress updates. Progress meetings will be held with the CITY at regular intervals throughout the Project. The assumed number of meeting is three (3). 3. Project Administration and Tracking. Monitor team progress, action item lists, task deadlines, items needed from the CITY, provide documentation, subconsultant administration, and regular updates to project team on a monthly basis or as needed. Deliverables: • Monthly progress reports and detailed invoices. Task 2: Landowner Coordination 1. Landowner Coordination: Preliminary Coordination: J -U -B will conduct a neighborhood meeting with the property owners adjacent to the proposed improvements along Mary Lane and across private property to the connection point in the Blackrock Subdivision. The purpose of the meeting will be to inform the Task Order 10494.a SOUTH LOCUST GROVE WATER MAIN EXTENSION— Blackrock to Relleclion Ridge J -U -B ENGINEERS, INC. Page 2 of affected landowners of the proposed routing of the improvements, approximate fire hydrant locations, project benefits, approximate schedule, and to gather any concerns or other input. • Pre -Construction Coordination: J -U -B will follow up with the affected landowners after final design is complete in order to inform them of the final design alignment, the approximate location of other improvements, and the anticipated construction schedule. • J -U -B will provide summary updates to the CITY regarding these meetings including any concerns or other input that was gathered. Deliverables: • Landowner meeting status reports Assumptions: A budgetary estimate for this Task is shown in Table 1. The level of effort for public involvement can vary depending on the number of landowners contacted and level of landowner concerns. The budget will be reviewed with the City as work progresses to communicate necessary budget adjustments for this Task. Task 3: Topographic Survey and Basemap General: J -U -B shall complete a topographic survey along the proposed water main corridor. The survey shall encompass approximately 50 feet past the termination points of the existing water mains to which the proposed main will connect, and the entire proposed alignment corridor between the connection points. This will amount to approximately 4,600 linear feet of topographic survey collection at a width of approximately 50 feet. The topographic survey will include the following: 1. Research and Utility Request: Research available land monuments, plats, records of survey, and right-of-ways on the project sites. Contact utility companies prior to survey via Dig -line to request field locations of utilities and available utility mapping. Utilities will be shown to the extent they are visible in the field or located by the utility or Owner. 2. Establish survey control along the alignment using: horizontal coordinate system, NAD 1983 translated to the Ada County G.I.S. system, and vertical control based on NAVD 1988. Right-of-ways (ROW's) for public roadways will be established from Ada County G.I.S. information except for the water main connection points. Land monuments will be located and shown where found from visual observations during the field survey in the paved travelway. 3. Establish temporary construction benchmarks (T.B.M.'s) at 1000 feet intervals. 4. Complete topographic survey along the proposed water main route with additional detail areas at the points of connection with the existing water mains. Width of the survey shall be from right-of-way to right-of-way. Existing utilities shall be located to the extent that they are visibly marked by the utility company. 5. Prepare topographic mapping in Civil 3D 2013 at a 1" = 20' scale, 22"x34". Topographic features will be depicted using standard symbols. Topographic features will be shown on the design plans such as fences, utility poles, surfacing, utilities to the extent that they are found or field located by the utility companies, edge of pavement, borrow ditch, face of curb, sidewalks, striped roadway centerline, guard rails, top face of retaining wall, signal poles, signs, mail boxes, telephone risers, top of bank and waterway flowlines, large trees, monuments of record, physical survey of monuments, and property pins that are found. Provide locations (X & Y coordinates) and elevation of local temporary benchmarks to be used on the Project. Property lines will be shown based on Ada County G.I.S. Task Order IM9G.a SOUTH LOCUST GROVE WATER MAIN EXTENSION —Blackrock to Relleclion Ridge J -U -B ENGINEERS, INC. Page 3 o19 mapping. Contours at one foot (1') intervals will be generated. Roadways will be cross-sectioned at 50 feet intervals, on centerline, edge of pavement, gutter, top of curb, and natural ground near borrow ditch. At intersections, cross-sections will be developed on side streets to extend 50 feet beyond the main street ROW. Task 4: Preliminary and Final Design Services J -U -B will complete civil design, prepare plans, and prepare specifications for the construction of the water main extension. Design elements will include the following: 1. 30% Complete Concept Design • Develop a preliminary design alignment for the water main based on ACHD corridors, utility separations, and minimizing pavement repair. Complete a preliminary design profile of the water main to show bury depth and potential air valve locations. • Prepare a review roll -plot showing base mapping, horizontal alignment of the water main, and profile. • Meet with the CITY to review preliminary alignment, receive comments, and direction from the staff. Deliverables: • 30% Complete Concept Plan/Profile Roll -plot, (2) copies at scale TBD. 2. 75% Complete Design • Revise the conceptual alignment and profile from the CITY's review comments and ACHD comments as appropriate. • Complete design of water main with considerations for ACHD corridor compliance, constructability, surface disturbance, sanitary separations, impacts to public traffic access, utility conflicts, construction access, excavation depths, and other pertinent design issues. The size of the water main and fire hydrant locations will be as directed by the CITY. • Prepare a preliminary Storm Water Pollution Prevention Plan (SWPPP) or an Erosion and Sediment Control Plan (ESCP) in accordance with EPA Construction General Permit (CGP) and CITY requirements for initial CITY Environmental Division Review. • Prepare a preliminary Traffic Control Plan (TCP) per ACHD requirements for initial ACHD review. • Prepare 75% complete plan and profile sheets and draft detail sheets using City of Meridian revisions to the 2012 ISPWC, and standard drawings and specifications. Plan and profile sheets will be prepared at 1"= 20' scale, 22"x34" ANSI size "D" sheets. • Complete an internal QC review with a senior J -U -B engineer. • Complete a field walk-through with City inspection staff and summarize field notes with the City's project manager on relevant project issues discussed. • Prepare a preliminary opinion of probable construction cost. Deliverables: • Preliminary SWPPP or ESCP, three (3) copies. • 75% Complete Plan Drawings at 1" = 20', 22"x34" ANSI size "Do, four (4) copies. Task Order 10494.. SOUTH LOCUST GROVE WATER MAIN EXTENSION-81acioack to Ro0oction Ridge J -U -B ENGINEERS, INC. Page 4 019 • Preliminary opinion of probable construction cost. 3. 90% Complete Final Design: Plans, Technical Specifications, and Special Provisions (Agency Review Set) • Complete final design and design detailing of the water main and related appurtenances. • Complete updates to the SWPPP or ESCP based on CITY review comments. • Complete updates to the TCP based on ACHD comments. • Prepare final plan, profile sheets, and details necessary to construct the Project. • Technical specifications will be prepared as special provisions to the 2012 ISPWC. • Prepare Bid Schedule. • Complete an internal QC review with a senior J -U -B engineer. • Update the opinion of probable construction cost. Deliverables: • 90% Bid Schedule, four (4) copies. • 90% SWPPP or ESCP, three (3) copies. • 90% Complete Plan Drawings at 1" = 20', 22"x34" ANSI size "D", four (4) copies. • 90% Project Technical Specifications and Special Provisions, four (4) copies. 4. 100% Plans and Project Manual (Construction Ready) • Incorporate applicable CITY and Agency review comments into the Plans, Technical Specifications, Special Provisions, TCP, SWPPP or ESCP. • Prepare Final Bid Schedule for incorporation by the CITY into the Bid Documents. • Prepare a final opinion of probable construction cost. Deliverables: • 100% Bid Schedule, four (4) copies. • Final SWPPP or ESCP, three (3) copies. • 100% Complete Plan Drawings at 1" = 20', 22"x34" ANSI size "D", four (4) copies. • Project Technical Specifications and Special Provisions, four (4) copies. • Electronic pdf version of the Bid Schedule, Plans, Technical Specifications, and Project Special Provisions. Task 5: Agency Coordination and Permitting J -U -B will assist the City with agency coordination and required permitting. J -U -B will specifically provide: 1. ACHD Coordination and Permitting • Coordinate alignments with ACHD to establish acceptable corridors. This is anticipated to include: Task Order 10494.a SOUTH LOCUST GROVE WATER MAIN EXTENSION - Blackrock b Reflection Ridge J -U -B ENGINEERS, INC. Page 5 of 9 1) Determining if road or structure improvements are anticipated in the foreseeable planning period; 2) Obtaining pertinent design requirements and material specifications for proposed improvements; 3) Obtaining record drawings of improvements in the project vicinity; 4) Identifying approval time required to complete the permitting process. • Meet with ACHD to review preliminary water main alignment (30% complete) and gather input. • Meet with ACHD to review the 75% Plans and TCP to gather input. • Prepare 90% review submittal package to ACHD and follow up coordination as needed. 2. Irrigation District Coordination and Permitting • Several irrigation district boundaries converge near the intersection of Locust Grove Road and Amity Road including the Boise-Kuna Irrigation District (BKID), the Nampa -Meridian Irrigation District (NMID), and the New York Irrigation District (NYID). It is assumed that coordination with all three Districts will be required. • 75% Plans will be submitted to BKID, NMID, and NYID for review and comment. Comments will be gathered and incorporated into the 90% documents. • It is assumed that a License Agreement with BKID will be needed for a crossing near the connection point in the Blackrock Subdivision and that no other License Agreements will be needed. J -U -B will prepare the License Agreement and associated legal descriptions and exhibits. • It is assumed that the CITY will pay any fees associated with permits or agreements needed with any of the irrigation districts. 3. IDEG Submittal Packages • J -U -B shall coordinate, prepare, and submit final construction plans, specifications, and checklists for approval to the Idaho Department of Environmental Quality (IDEQ). 4. United States Army Corps of Engineers (USAGE) Permitting (if necessary) • If necessary, J -U -B shall prepare a USACE Joint Agency 404 permit for waterway crossings. The permit will be submitted to USACE for approval with the appropriate fees (paid by the CITY). Task 6 - Bidding and Construction Services J -U -B will furnish the services specifically limited to the following on a time and materials, not to exceed basis. 1. Bidding Services • J -U -B will provide 20 sets of the Plans for bidding purposes. • J -U -B will provide 20 sets of the Bid Schedule, Technical Specifications, and Special Provisions for the City's incorporation into its standard bidding documents for bidding purposes. • The City will prepare all "front-end" documents and all bidding documents will be distributed through the City's Purchasing office. • The City will prepare the legal notice for advertisement of Bids. • J -U -B will provide bid administration services as requested by the City, Task Order IN94.a SOUTH LOCUST GROVE WATER MAIN EXTENSION— Blackrock io Reflection Ridge J -U -B ENGINEERS, INC. Page 6 of 9 J -U -B will attend a pre-bid meeting to assist in answering bidders' questions and may advise on preparation of any addenda necessary during the bid process. 2. Construction Services • Preconstruction Conference: J -U -B will attend the pre -construction conference with the contractor, CITY, and agencies. • Construction Assistance: J -U -B's project manager will be available during construction as requested by the CITY. Items that will be included in this portion of the task may include: G Shop Drawing and Product Data Reviews: J -U -B will review shop drawing and product data submittals for compliance with the design and contract documents. o Construction Administration: As requested by the City, J -U -B will assist the City in review of claims, change order and work directive preparation, address questions or RFI's, and other construction administration activities. • Construction Control Staking: J -U -B shall provide one (1) set of control staking for the Contractor to perform construction staking. The Contractor shall be responsible for protection of the staking and performing independent QA/QC of the control as the work progresses, and if disturbance has occurred. Re-establishment of the control will be performed on an additional time and materials basis and will be paid for by the Contractor directly to J -U -B. Close-out Procedures: J -U -B may conduct a walk through with the City and prepare a tentative punchlist to supplement the City's RPR list. Record Drawings: J -U -B will prepare record drawings from drawings received from the Contractor and the City's RPR per the CITY'S Record Drawing Requirements. Deliverables: • One (1) paper set of the proposed record drawings to be reviewed by the CITY prior to submitting the final as shown below. • Three (3) sets of 22"x34" record drawings. Each sheet will be sealed by a professional engineer with J -U -B standard disclaimer. • Two (2) CD's: o One (1) will have the complete set of drawings in PDF format for submittal to DEC. o One (1) will have the complete set of drawings in PDF and AutoCAD format for City use. Additional Services The following Additional Services are not included in J -U -B's current scope under this Agreement. If authorized in writing by CLIENT, J -U -B shall furnish or obtain from others Additional Services of the types listed below: 1. Items identified as CITY's Responsibilities elsewhere herein. 2. Construction staking. 3. Bidding Administration. 4. Construction Administration. Task Order 1 W94.a SOUTH LOCUST GROVE WATER MAIN EXTENSION — Blackrock to Relleclion Ridge J -U -B ENGINEERS, INC. Page 7 e19 TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City on or about June 4, 2014. A NTP issued on a different date will change the schedule accordingly. I able i. COMPENSATION AND COMPLETION SCHEDULE TWA Description Due Date Compensation Project Administration and Meetings (T&M) Ongoing throughout project $4,276 E Landowner Coordination (T&M) During Task 4 $4,695 q , Y Topographic Survey and Basemap (LS) 21 days after NTP for this task $9,951 Preliminary and Final Design Services (LS) 120 days after Task 3 $56,877 completion Agency Coordination and Permitting (T&M) Ongoing throughout tasks 3 $9,976 and 4 Q `"? Bidding and Construction Services (T&M) Dependent on City's $12,159 Schedulin fill (1RD�R1'=f�1,�L �$7,9�s1-; The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10494.a is ninety seven thousand nine hundred thirty four dollars ($97,934.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for any additions and/or deletions in services rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. End of Text. Signatures to follow on next page. Task Order 19494.a SOUTH LOCUST GROVE WATER MAIN EXTENSION— Blackrock to Relleclion Ridge J -U -B ENGINEERS, INC. Page 8 o19 Signature Page. Task Order 10494.a South Locust Grove Water Main Extension — Blackrock to Reflection Ridge - Design CITY OF MERIDIAN BY: ' �r" - TAMMY de W , MAYOR Dated: � � 3 _ i I Approved by JUB ENGINEERS, INC 3, -)(0I`7 U¢QO�,Tlio Waco r oW E IDIZ IANC lowno P Q SEAT. Purchasing Approval "SRO Pk ride iPE15U BY: -- _ KEITH W ATTS, urchasing Manager City Project Manager: M Dated: Task Order 10494.a SOUTH LOCUST GROVE WATER MAIN EXTENSION — 61acklock to Rellecllon Ridge J -U -e ENGINEERS INC. Page 9 ol9 Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: AUTHORIZATION TO SIGH PURCHASE ORDER - CSHQA, Inc. Authorize the Purchasing Manager to issue and sign a Purchase Order to CSHQA, Inc. for the Public Safety Training Center Design Reimbursable for the Not -To -Exceed Amount of $36,500.00. MEETING NOTES I►v Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Max Jensen Date: 5-29-2014 Re: June 3, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 3`' City Council Consent Agenda for Council's consideration. Authorize the Purchasing Manager to issue and sign a purchase order to CSHQA Inc. for the Public Safety Training Center Design Reimbursables for the Not -To - Exceed amount of $36,500.00. Recommended Council Action: Approval to issue a Purchase Order to CSHQA, Inc. for the Not -To -Exceed amount of $36,500.00, and authorize the Purchase Manager to sign. Thank you for your consideration • Page 1 Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: AUTHORIZATION TO SIGH PURCHASE ORDER - EWING COMPANY Authorize the Purchasing Manager to issue and sign a Purchase Order to Ewing Company, Inc. for the Public Safety Training Center Construction General Condition Reimbursables for the Not -To -Exceed Amount of $94,825.00. MEETING NOTES Apr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Max Jensen Date: 5-29-2014 Re: June 3, 2014 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the June 3rd City Council Consent Agenda for Council's consideration. Authorize the Purchasing Manager to issue and sign a purchase order to Ewing Recommended Council Action: Approval to issue a Purchase Order to Ewing Company for the Not -To -Exceed amount of $94,825.00, and authorize the Purchase Manager to sign. Thank you for your consideration. 0 Page 1 Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. 1+9%), : A Resolution Setting Forth Certain Findings and Purposes to Declare Surplus Property and Authorizing the Mayor of the City of Meridian to Sell Surplus Property to the Idaho Commission for the Blind and Visually Impaired, Another State Government MEETING NOTES Ew-j" APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I q — Il BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO SELL SURPLUS PROPERTY TO THE IDAHO COMMISSION FOR THE BLIND & VISUALLY IMPAIRED, ANOTHER STATE GOVERNMENT AGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to declare that certain property as described in Exhibit "A", attached hereto, is surplus as this particular property is no longer needed or used by the City of Meridian; and WHEREAS, Idaho Code section 50-301 authorizes the City of Meridian to convey personal property, and the City's purchasing policy allows surplus City property to be sold to another state or local government without public advertisement or competitive bid when the value of the property is equal to or less than $5,000.00; and WHEREAS, the value of the property listed in Exhibit "A" attached hereto is $2,255.00 as determined by the Finance Department of the City of Meridian; and WHEREAS, the Idaho Commission for the Blind & Visually Impaired, a state government agency, wishes to purchase the property herein for $2,255.00; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. That the Mayor and City Council hereby authorize and declare that certain property as described in Exhibit "A", attached hereto, is surplus property. SECTION 2. That the Mayor and City Council hereby authorize the sale of the property listed in Exhibit "A", for the sum of $2,255.00 dollars to the Idaho Commission for the Blind & Visually Impaired. SECTION 3. This Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION To DECLARE SURPLUS PROPERTY AND AUTHORIZING SALE OF SURPLUS PROPERTY TO IDAHO COMMISSION FOR THE BLIND & VISUALLY IMPAIRED -PAGE I OF 2 2014. ADOPTED by the City Council of the City of Meridian, Idaho, this d day of June, APPROVED by the Mayor of the City of Meridian, Idaho, this kay of June, 2014. APPROVED: Mayor Ta de Weerd ��p'lCD AO�;G ATTEST: n „C;tyoe Holman, City Clerk\1111'o Fs SEAL fp01, �, TR,,"!; RESOLUTION TO DECLARE SURPLUS PROPERTY AND AUTHORIZING SALE OF SURPLUS PROPERTY TO IDAHO COMMISSION FOR THE BLIND & VISUALLY IMPAIRED -PAGE 2 OF 2 W LL J zLU y O O IX � a Q c a LL O z O a y O O 0 a z > F ma ILQ 0 0 W 7 t U O W W U w 3> S Q v a E CL >i c j � N No N E 3 C.) OE=' - i LL � C T ma m o�vCC r L N # O O o O c c Q O Q �– Z W ado^ o Qp r ui aW e U W � `w co o 2�. yJ 9 Scy 0 F W v �'E aci c 0 W L 1 c E E >- LLd r 3DU H Z m z L d V > « r L ro Y F- z W O t E k N ¢ = oWc L" Q y v m m cl N LL H w v w � tl1 ro « E uWi y z y N o .p. p p Q Q c N W N W C O d N c 2 a 0 a C c W a + aa!'W L°Ld Q J O¢ F U¢ Q w a m t m w f Z OLU o W 0 a c5 Q (i v!rFr-^ W n 0 LU cr N V my p « N C � O' 2 > �a LLQ' a` v O� «c«°° 0 ma>> QvdE O•:'ig o.v Ooo- o mmomwO2a E N m E.5 E 2w0 E �.� d a.' Q N p V LL n �Q d E p -T - EN LD Mot- ad o«LL Oo LOJ 0 NaQ W N CCd w N `o a0inN ELL FL 0'�a� a>`> N 120—OccOQ cd QUO dWWN0> O UOI v O L W J p FL p o m 'o 0 C O p N W O 0 O c cc c N a Ip L � oC ¢ N V my p « N C � O' 2 > �a LLQ' a` v O� «c«°° 0 ma>> QvdE O•:'ig o.v Ooo- o mmomwO2a E N m E.5 E 2w0 E �.� d a.' Q N p V LL n �Q d E p -T - EN LD Mot- ad o«LL Oo LOJ 0 NaQ W N CCd w N `o a0inN ELL FL 0'�a� a>`> N 120—OccOQ cd QUO dWWN0> O ro� E 1U) N W y 0 mcy W LL J W . J Z Y E m W F W � p ro Ir 3 m E L J J v IL m O o Z O N p a Z O Q c E > m H m N_ a Y 0 z W N_ p U U O 3 u WU > v a E3 O = m O n 4 J d N S LU N C O U 'O N > Q N U U c T J E o U N L a o J Y ro Q E U s J N E C/)- 3,E Z 0 ro = t N o o.0 a O C m m O VC/) d 4 a im y U N 0 O a O oT on `o ro L v L } n M E F�O 0 *k M o 0 a0 m a m m" J W O w m > � y �6 m ro o m Oo E m U o ro t ro bw W � a o o a M J v c 00 LL U F U. N Zc U — > Z W O L U) ao3 w m m Q LLI a _ N O N U) 7 O + N Q � N ro N Q U � U N z N O 0 0 a � F a J G U Fz m m N �a � U N a F1 ro� E 1U) N W y N til O N w � U .t% N tC6 d O N G > p, LL ow o 'p 'o oE,a m�QU y O -O E o O w s V"5 Y n� oar000"o'- U C N Eaoi - �_� mmowa�mN U w N O O« C 4 C c o- mo c�-O o -x E.2 E id d'm o._ J v U V U J J N ro 0 nLL yc c E m o �L.. o= rot m a o� ii E o i� .3 .3 0 3 E c N O N N N J C O 7 0 d ro C Y C 0 Q J a p U U00 ro. roo . E.$ E OC C 'C C _ N U CuuoUod-dOON .NN yy o - N OC C O a m FU ci O W ro N O C a �o_ow o oa _ 0 mcy J W . a�a .m U E m z ro o O m E L J J � J O N > O C V N o Q c E Y N_ U C J O O V L% L E3 O = m O n 4 J d N S N C O U 'O d N E > Q N j L U U c T J E o o 0 N L a o J Y ro Q E U s y E C/)- 3,E 0 ro = t N o o.0 a O C m m O VC/) d 4 a im y U N Q a ro Y a w 01 oT on `o ro L v L } n N 9 E F�O 0 and`oo w C w/m� m N N 0 'E J W O N � o E E > � y �6 m ro 0Q Oo E m U o ro t ro bw N d c y o a y ro v c D U N til O N w � U .t% N tC6 d O N G > p, LL ow o 'p 'o oE,a m�QU y O -O E o O w s V"5 Y n� oar000"o'- U C N Eaoi - �_� mmowa�mN U w N O O« C 4 C c o- mo c�-O o -x E.2 E id d'm o._ J v U V U J J N ro 0 nLL yc c E m o �L.. o= rot m a o� ii E o i� .3 .3 0 3 E c N O N N N J C O 7 0 d ro C Y C 0 Q J a p U U00 ro. roo . E.$ E OC C 'C C _ N U CuuoUod-dOON .NN yy o - N OC C O a m FU ci O W ro N O C a �o_ow o oa _ Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. I q - 6113 : A Resolution Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records fo the Meridian Public Works Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS A CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. I —1 -' I 1 BIRD, BORTON, CAVE'NER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT AND TEMPORARY RECORDS OF THE MERIDIAN PUBLIC WORKS DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent and temporary records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent and temporary records that may be destroyed pursuant to Idaho Code sections 50-907(2) and (3) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent and temporary records of the Public Works Department: PUBLIC WORKS YEAR(S) I DESCRIPTION Semi-permanent Records Activity Reports 2000-2004, 2008 Daily, weekly, monthly or other reports documenting the activities of the Public Works Department employees, including: type of activity, time spent, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Ada County Highway 2006 Permits issued by Ada County District ACHD Permits Highway District (ACHD) to dig in public utility easement. Backflow Prevention Device 2004-2008 Records documenting test results Test Records on backflow prevention devices designed to protect the City water system from pollution related to substances backing into water lines. RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-04 PAGE 1 OF 1 Committee Records 1987,1993-1999,2001- Agendas and meeting minutes for 2007 groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub - Committee, Energy. Construction Samples for 2001 Bacteria sample results taken for new Construction new water line/well construction. Consumer Confidence 2002-2005 Report mandated by EPA Reports (Water Quality delivered to Meridian citizens that Report) are connected to City water. Correspondence, 1989-1993, 1995-2007 Correspondence created or Administrative received in the course of administering City policies, procedures, or programs. Correspondence, Backflow 2002-2004 All backflow program correspondence with customers and testers including: reminder to test, past due letters, reminder of expectations, and tester requirement forms. Customer Complaints 2004 Complaint letters, notes on phone calls and in person complaints from customers/citizens. Equipment Maintenance and 1998-2004 Records documenting the Calibration Records maintenance and calibration of equipment and instruments used to undertake and monitor wastewater treatment operations. Useful to verify equipment reliability and for reference by regulatory agencies. Information includes: date, type of equipment maintained or calibrated, tests performed, repairs needed, comments, and related information. Facility Assessments, 1993 Records regarding assessments, Maintenance, and Repair maintenance and repairs of Records buildings and grounds owned or leased by the City. Federal Communications 1986 Licensing spreadsheets for Commission (FCC) Radio SCADA radios, base station and Licensing Spreadsheet vehicle two/way radios. Fire Hydrant Meter Check 2007, 2008 Roster of hydrant meters checked Out List out by contractors RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-04 PAGE 2 OF 2 Meeting Minutes 2006 Internal meeting agendas, minutes, sign -in sheets National Pollutant Discharge 1979-1994 Records documenting the Elimination System (NPDES) application for and issuance of a Records permit to the City under the National Pollutant Discharge Elimination System (NPDES) program which allows discharge of specific pollutants under controlled conditions. Records typically include: applications, permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data Presentation 2003 Departmental presentations. Process Documents 1997 Standard Operating Procedures, Process Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Service Orders / Service 2004-2008 Records including requests from Order Documents customer, Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Sewer TelevisionNideoscan 1986-1987,1993-2000 Reports documenting television Inspection Records inspections used to locate problems and defects in sewer lines. Studies 1954, 1961, 1976, 1985, Studies related to Public Works 1990, 1993, 1995-1999, as provided by consultants. 2001-2003 Water Meter Reports 1983-1995, 2002-2008 All water meter -related reports including, but not limited to, water meter assessment forms, installation reports, proof reports, meter change -out lists, water meter re -install fee lists, RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-04 PAGE 3 OF 3 Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. w1 ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of June, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 3vdday of June, 2014. APPROVED: Mayor Tan.de Weerd ATTEST: I .p A U .c �w By: E RIDIAN� Jaycee L olman, City Cierk o�„a 5 F SEAL tR e'rnt Tsavf RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-04 PAGE 4 OF 4 exception reports, meter set forms, meter size totals report, meter and parts warranty return reports, work orders, stopped meter lists, meter reading high/low consumption reports, historical meter reading route and change -out reports, monthly reads, unread meters and malfunction reports, master route reports, and non -read exception reports. Temporary Records Backflow Tests 1994-2001, 2005, 2009- Backflow assemblies test reports. 2010 Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. w1 ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of June, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this 3vdday of June, 2014. APPROVED: Mayor Tan.de Weerd ATTEST: I .p A U .c �w By: E RIDIAN� Jaycee L olman, City Cierk o�„a 5 F SEAL tR e'rnt Tsavf RESOLUTION AUTHORIZING DESTRUCTION OF PUBLIC WORKS DEPARTMENT RECORDS 2014-04 PAGE 4 OF 4 Meridian City Council Meeting DATE: June 3. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: QUITCLAIM DEED - PERMANENT EASEMENTS Quitclaim Deeds from the Idaho Transportation Department for Permanent Easements Required to Maintain City Sewer Infrastructure at the 1-84 Meridian Road Interchange MEETING NOTES oAt 4i.�li Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDIAN-- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: May 27, 2014 Mayor Tammy de Weerd City Council Membesyr Joe Borton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: QUITCLAIM DEEDS FROM THE IDAHO TRANSPORTATION DEPARTMENT FOR PERMANENT EASEMENTS REQUIRED TO MAINTAIN CITY SEWER INFRASTRUCTURE AT THE I-84 MERIDIAN ROADINTERCHANGE I. RECOMMENDED ACTION A. Move to: 1. Approve the Quitclaim Deeds for Parcels 9 and 10, 11, and 14. 2. Authorize the Mayor to sign the Deeds II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background As part of the I-84 Meridian Road Interchange Rebuild, the Idaho Transportation Department (ITD) relocated City sewer facilities. As part of the relocation, ITD obtained permanent easements for the new sewer locations in Mr. Sandman's Subdivision and Cope Subdivision. B. Proposed Project In order to allow the City to maintain our sewer infrastructure, ITD has signed Quitclaim Deeds granting the permanent easements obtained for the sewer to the City. By signing these deeds the City will take possession of these easements. Page 1 of 2 ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 After recording return to: BOISE IDAHO 06186!14 12:48 PM Right of Way DEPUTY Vicky Bailey Idaho Transportation Department RECORDED-REQUEST OF 114044046PO Box 7129 Meridian City Boise ID 83707-1129 Project No A010(939) Key No. 10939 Parcel No. 11 Parcel ID No. 0045641 QUITCLAIM DEED THIS INDENTURE made this( lkday of MA y 2014, between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD,by and through the IDAHO TRANSPORTATION DEPARTMENT, hereinafter"Grantor", and the CITY OF MERIDIAN, a municipal corporation,whose mailing address is 33 E. Broadway Ave., Meridian, ID 83642, hereinafter"Grantee". WITNESSETH: That the Grantor, for value received, does by these presents remise, release, convey and forever QUITCLAIM all right,title and interest which Grantor now has or may hereafter acquire, unto the Grantee, that certain permanent easement recorded November 26, 2013 under instrument no. 113128498 official records of Ada County, Idaho, and lying in and being a portion of Lot 2, Block 1 of Mr. Sandman Subdivision, as filed in Book 60 of Plats, at Pages 5971-5972 Records of Ada County, Idaho, and described as follows,to wit: SEE LEGAL DESCRIPTION IN EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Provided however,that this conveyance is made and accepted upon the express condition, and in compliance with IC 58-335A,that said Grantee and its successors shall use said land for only a public purpose,then and in the case that public use shall have terminated,the whole of the estate above granted and conveyed and any and all improvements thereon shall immediately revert to and become the property of the Grantor, its successors or assigns forever, and the said Grantor hereby Page 1 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 11 Parcel ID No. 0045641 QUITCLAIM DEED expressly reserves to itself and it successors or assigns to enter upon said land and premises and to take absolutepossession thereof and anyand all improvements thereon, for and upon the breach of p the aforesaid condition. TO HAVE AND TO HOLD, all and singular the said premises,together with the appurtenances, easements and rights of way,unto Grantee, and to Grantee's heirs and assigns forever. IN WITNESS WHEREOF, The IDAHO TRANSPORTATION DEPARTMENT has hereunto executed thesep resents on the -ay of ( l147' , 2014. THE STATE OF IDAHO, Idaho Transportation Board, Acting by and through the Idaho Transportation Department BY: 40.‘,40/4_ . / Dave Szplett Right of Way Manager Page 2 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 11 Parcel ID No. 0045641 QUITCLAIM DEED STATE OF IDAHO ) ) ss. County of Ada ) ilTh On this 0 day of Mt t.- 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared DA SZPLETT, known to me to be the Right of Way Manager for the State of Idaho, Idaho Transportation Board, by and through the Idaho Transportation Department, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as such Right of Way Manager for the State of Idaho. Allah r eL _... `--E_' NotaryP .lic Idaho ` N ► idin� at Boise 14:1%' ,�, Res .� My commission expires (}310"672V113 0 1 ,%0.0tn et Ift I "Pim' 1—g-(3.015 ntf\12.-- 1, \ A V v SP it ,+r cp.,..j' .N•••;va/IN f 14 �� Page 3 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 t Project No A010(939) Key No. 10939 Parcel No. 11 Parcel ID No. 0045641 QUITCLAIM DEED IN WITNESS WHEREOF, acceptance for and on behalf of the CITY OF MERIDIAN, a municipal corporation,has caused these presents to be executed the day and year first above written. ,,,,,°:',77"""',A I.:, -j--,,,,,,,,,, CITY OF MERIDIAN a municipal cor orati=on ` y p p City of ..7--------- ,,, z 14 ERD' ' ''4'."- iii By: 4-f-1 ' -...! _ '4* ,........AL7 411111110 Tam • Weerdr- ttest: s, City Clerk Of th �'' Jse,4, ct- /&vl� ketel " Title: Mayor Tammy de Weerd Printed Name STATE OF IDAHO ) ) County of ADA ) • '� 1--A,On this 0 day of L-)ne , 2014_, before me,the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd, who declared that she is the MAYOR for the CITY OFMERIDIAN, a municipal corporation, that he/she signed the foregoing document in that capacity, and that the statements herein contained are true. , eillii ____c2 ‘. ♦_+ , /moi_ s \\J . ***441gik � • • ,:*** NotarylAckho Public for • s # •• • x • Residing at Her k.CSL 007-\007-\ Th ,,',l,us x -472: M commission ex fres v� L� 44.4Y* , Page 4 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 $ el TO ENGINEERS EXHIBIT A CONSULTING ENGINEERS.SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE,IDAHO 83714-2008 208-323-2288•FAX 208-323-2399 Idaho Transportation Department April 29,2013 1-84,Meridian Interchange ASSeSSOit'S Parcel No. R7702510021 Project No. A010(939) Parcel ID No. 0045641 Key No. 10939 2,286 Sq. Ft. (0.052 Acres) Page 1 of I PARCEL NO. 11 PERMANENT EASEMENT A parcel of land being a portion of Lot 2,Block 1 of MR.SANDMAN SUBDIVISION, as filed in Book 60 of Plats,at Pages 5971-5972,Records of Ada County, Idaho,situated in the Southeast Quarter of the Southeast Quarter of Section 13, Township 3 North,Range 1 West, Boise Meridian,City of Meridian,Ada County,Idaho,being more particularly described as follows: COMMENCING at the Southeast corner of said Section 13,(Corner Perpetuation and Filing Record No. 107153517);thence,along the East line of said Section 13, A) N.I.°01'39"E.,296.36 feet;thence,leaving said East line, B) N.88°58'21'W.,60.00 feet to the existing westerly right-of-way line of State Highway 69,as conveyed to the Ada County Highway District by Deed Instrument No. 106192514;thence,along the southerly boundary of said Lot 2, C) N.88°58'21'W., 18.00 feet to the POINT OF BEGINNING,located 78.00 feet Lt. from State Highway 69 Project Centerline Station 421+20.06,thence,continuing along said southerly boundary, 1) N.88°58'21”W., 20.00 feet to a point,located 98.00 feet Lt. from State Highway 69 Project Centerline Station 421+20.06;thence,parallel with the East line of said Section 13, 2) N.1°01'39"E., 114.31 feet to the northerly boundary of Lot 2 of said subdivision,located 98.00 feet Lt. from State Highway 69 Project Centerline Station 422+34.37;thence, along the northerly boundary of said Lot 2, 3) S.88°58'21"E.,20.00 feet to a point,located 78.00 feet Lt. from State Highway 69 Project Centerline Station 422+34.37;thence, 4) S.1001'39"W., 114.31 feet to the POINT OF BEGINNING. The above-described puce!CONTAINS 2,286 square feet(0.052 Acres), more or less. Parcel limits extending from State Highway 69 Project Centerline Station 421+20.06 to 422+34.37. SUBJECT TO: Record Documents. g. LAND "kW kk G:\120118‘WPfiles‘40 Right-of-Way\SEP-I5 Legal Descriptions\Parcel I ITOPARCEL 11 PE.doc 44, ::4-41Prii °41 irk a BOISE•COEUR d'ALENE•NAMPA :(e-,, '6' Fe„, After recording return to: ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 Right of Way BOISE IDAHO 06/06/14 12:48 PM Idaho Transportation Department DEPUTY Vicky Bailey PO Box 7129 RECORDED—REQUEST OF 114ij44ij4.��, Boise ID 83707-1129 Meridian City Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED THIS INDENTURE made this da of MA-y 2014 between the YSTATE OF IDAHO, IDAHO TRANSPORTATION BOARD,by and through the IDAHO TRANSPORTATION DEPARTMENT, hereinafter"Grantor", and the CITY OF MERIDIAN, a municipal corporation,whose mailing address is 33 E. Broadway Ave., Meridian, ID 83642, hereinafter"Grantee". WITNESSETH: That the Grantor, for value received, does by these presents remise, release, convey and forever QUITCLAIM all right,title and interest which Grantor now has or may hereafter acquire, unto the Grantee,that certain permanent easement recorded November 20, 2013 under instrument no. 113126872 official records of Ada County, Idaho, and lying in and being a portion of Lot 4, Block 1 of Cope Subdivision, as filed in Book 101 of Plats, at Pages 13386-13388 Records of Ada County, Idaho, and described as follows, to wit: SEE LEGAL DESCRIPTION IN EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Provided however,that this conveyance is made and accepted upon the express condition, and in compliance with IC 58-335A, that said Grantee and its successors shall use said land for only a public purpose,then and in the case that public use shall have terminated,the whole of the estate above granted and conveyed and any and all improvements thereon shall immediately revert to and become the property of the Grantor, its successors or assigns forever, and the said Grantor hereby Page 1 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED expressly reserves to itself and it successors or assigns to enter upon said land andp remises and to take absolute possession thereof and any and all improvements thereon, for and upon the breach of the aforesaid condition. TO HAVE AND TO HOLD, all and singular the said premises,together with the appurtenances, easements and rights of way, unto Grantee, and to Grantee's heirs and assigns forever. IN WITNESS WHEREOF, The IDAHO TRANSPORTATION DEPARTMENT has hereunto executed these presents on the ► daY ofJ)14ss/ 2014. THE STATE OF IDAHO, Idaho Transportation Board, Acting by and through the Idaho Transportation Department BY: 4./ ,,, Dave Szplett f Right of Way Manager Page 2 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 i Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED STATE OF IDAHO ) ) ss. County of Ada ) a t\ On thisday of2014, before me, the undersigned, a Notary Public in and for \-YACtil. said State, personally appeared DAVE SZPLETT, known to me to be the Right of Way Manager for the State of Idaho, Idaho Transportation Board, by and through the Idaho Transportation Department, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as such Right of Way Manager for the State of Idaho. 3 ' 'jfr) : /0 AO" ' „...1 (UL) Notary Publ. fo i aho itt')ti . Residingat oise y My commission expires 0-3-fffri-2-0-t8 4.7.7. ,,,, w:`moi qq le I.,41,7,00.4•040.0 %ZitD A a #�' ..f...o• Page 3 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 14 Parcel ID No. 0045643 QUITCLAIM DEED IN WITNESS WHEREOF, acceptance for and on behalf of the CITY OF MERIDIAN, a municipal corporation,has caused these presents to be executed the day and year first above written. CITY OF MERIDIAN a municipal cor r .g: ' ')A rG p po at �,. s, 0 City or By: IDAH I -P ® Tamm Weerd �� -��� -- - • Attest. ---= , City Clerk SEAL fi (J,44 <<< Tlb I ..•� TitleTitl • P9 c''} y : Mayor the TR��� ,:• . Tammy de Weerd Printed Name STATE OF IDAHO ) County of ADA ) t \ On this 13 day of , 2014, before me, the � a undersigned, NotaryPublic in and for g said State, personally appeared Tammy de Weerd, who declared that she is the MAYOR for the CITY OFMERIDIAN, a municipal corporation, that he/she signed the foregoing document in that capacity, and that the statements herein contained are true. „e„ t$ r-715- . \ 4 f' • E° ' ' �' No :r Public for Wet)1 siA\ Residing at Pend tY 1J v u • . My commission expires a. C`3 ...,0.. Page 4 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT- I.C. 67-2301 *TD T-0 ENGINEERS EXHIBIT A CONSULTING ENGINEERS,SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE,IDAHO 83714-2008 208-323-2288•FAX 208-323-2399 Idaho Transportation Department April 29,2013 1-84,Meridian Interchange Assessor's Parcel No. R1564200040 Project No. Al 0(939) Parcel ID No. 0045643 Key No. 10939 392 Sq. Ft. (0.009 Acres) Page 1 of 1 PARCEL NO. 14 PERMANENT EASEMENT A parcel of land,being a portion of Lot 4, Block I of COPE SUBDIVISION, as filed in Book 101 of Plats,at Pages 13386-13388,Records of Ada County, Idaho,situated in Goverment Lot 4, of Section 18, Township 3 North,Range 1 East,Boise Meridian, City of Meridian,Ada County, Idaho,being more particularly described as follows: COMMENCING at the Southwest corner of said Section 18(Corner Perpetuation&Filing Record No. 107153517); thence,along the west line of said Government Lot 4, A) N.1°01'39"E., 423.32 feet;thence,leaving said line, B) N.89°28'24"E., 69.90 feet to the northwesterly corner of Lot 4, Block I of said COPE SUBDIVISION; thence,along the north line of said Lot the following courses: C) N.89°28'24"E., 14.29 feet to the POINT OF BEGINNING located 84.15 feet Rt. from State Highway 69 Project Centerline Station 422+49.31;thence, 1) N.89°28'24"E., 20.03 feet to a point located 104.18 feet Rt. from State Highway 69 Project Centerline Station 422+49.85;thence, leaving said north line, 2) S.2°39'50"W., 15.30 feet to a point located 103.74 feet Rt. from State Highway 69 Project Centerline Station 422+34.55;thence, 3) S.13(117'28"W., 17.09 feet to the westerly line of said Lot and a point located 100.16 feet Rt. from.State Highway 69 Project Centerline Station 422+17.84;thence,along said westerly line the following courses: 4) N.25°43'13"W., 15.03 feet to a point located 93.39 feet Rt.from State Highway 69 Project Centerline Station 422+31.27; thence, 5) N.52°05'13"W., 11.94 feet to a point located 83.84 feet Rt. from State Highway 69 Project Centerline Station 422+38.43; thence, leaving said westerly line, 6) N.02°39'50"E., 10.88 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 392 square feet(0.009 Acres),more or less. SUBJECT TO: Record documents. • \cs 1,A,,to Parcel limits extend from State Highway 69 Project Centerline Station 422+17.84 to 4 0A120118\WPfiles\40 Right-of-Way\SEP-15 Legal Deseriptions‘Pareel 14\PEWARCEL 14 PEdoc t,4-79-13P di 15. BOISE• COEUR d'ALENE• NAMPA OF \\') et: - eti After recording return to: Right of Way Idaho Transportation Department PO Box 7129 Boise ID 83707-1129 Project No A010(939) Key No. 10939 Parcel No. 9 and 10 Parcel ID No. 0045639 and 0045640 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 06105114 10:46 AM DEPUTY Gail Garrett III IIII�IIIIIIIIIIII'III��I�II'iIl'll I RECORDED -REQUEST OF 114443557 Meridian City QUITCLAIM DEED THIS INDENTURE made this _6:!�- day of 2014, between the STATE OF IDAHO, IDAHO TRANSPORTATION BOARD, by and through the IDAHO TRANSPORTATION DEPARTMENT, hereinafter "Grantor", and the CITY OF MERIDIAN, a municipal corporation, whose mailing address is 33 E. Broadway Ave., Meridian, ID 83642, hereinafter "Grantee". WITNESSETH: That the Grantor, for value received, does by these presents remise, release, convey and forever QUITCLAIM all right, title and interest which Grantor now has or may hereafter acquire, unto the Grantee, that certain permanent easement recorded September 27, 2013 under instrument no. 113109870 official records of Ada County, Idaho, and lying in and being a portion of Lots 1 and 3, Block 1 of MR. SANDMAN SUBDIVISION, as filed in Book 60 of Plats, at Pages 5971- 5972, Records of Ada County, Idaho, and described as follows, to wit: Parcel 9 SEE LEGAL DESCRIPTION IN EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Parcel 10 SEE LEGAL DESCRIPTION ON EXHIBIT "B" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. Provided however, that this conveyance is made and accepted upon the express condition, and in compliance with IC 58-335A, that said Grantee and its successors shall use said land for only a public purpose, then and in the case that public use shall have terminated, the whole of the estate above granted and conveyed and any and all improvements thereon shall immediately revert to and become the property of the Grantor, its successors or assigns forever, and the said Grantor hereby Page 1 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 9 and 10 Parcel ID No. 0045639 and 0045640 QUITCLAIM DEED expressly reserves to itself and it successors or assigns to enter upon said land and premises and to take absolute possession thereof and any and all improvements thereon, for and upon the breach of the aforesaid condition. TO HAVE AND TO HOLD, all and singular the said premises, together with the appurtenances, easements and rights of way, unto Grantee, and to Grantee's heirs and assigns forever. IN WITNESS WHEREOF, /,T -he IDAHO TRANSPORTATION DEPARTMENT has hereunto executed these presents on the( "riay of N&I 2014. THE STATE OF IDAHO, Idaho Transportation Board, Acting by and through the Idaho Transportation Department BY: L4�"4ae Dave Szplett Right of Way Manager Page 2 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 9 and 10 Parcel ID No. 0045639 and 0045640 QUITCLAIM DEED STATE OF IDAHO ) ss. County of Ada ) UOn this l0 day of _ 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared DAVE SZPLETT, known to me to be the Right of Way Manager for the State of Idaho, Idaho Transportation Board, by and through the Idaho Transportation Department, whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same as such Right of Way Manager for the State of Idaho. 9 No6ryPyblicWr Idaho a0�ff _ tigg ResidinK at Boise +� S My conimission expires 0 018 p� Lit 18 06 hrlf`z� Page 3 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 Project No A010(939) Key No. 10939 Parcel No. 9 and 10 Parcel ID No. 0045639 and 0045640 QUITCLAIM DEED IN WITNESS WHEREOF, acceptance for and on behalf of the CITY OF MERIDIAN, a municipal corporation, has caused these presents to be executed the day and year first above written. A� CITY OF MERIDIAN, a municipal corporation `" cGsTr C', Y of IDAH Tam de Weerd 5 �Fv SEAL 4,ta st: r a Title: Mayor ih,TRE i5o4��«e Tammy de Weerd Printed Name STATE OF IDAHO ) County of ADA ) des, City Clerk On this day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd, who declared that she is the MAYOR for the CITY OFMERIDIAN, a municipal corporation, that he/she signed the foregoing document in that capacity, and that the statements herein contained are true. 990000 .. *J4 • 1C1. 4k, • *W17T Of .• 0.8,00• Notary Public for lrlahc) Residing at Hc o I an 1> My commission expires �.Jc�►�1 �c�� v Page 4 of 4 RECORD AT THE REQUEST OF THE STATE OF IDAHO FEE EXEMPT - I.C. 67-2301 T -O ENGINEERS CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 Cl IINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 - FAX 208-323-2399 EXHIBIT A Idaho Transportation Department April 1, 2013 I-84, Meridian Interchange Assessor's Parcel No. R7702510011 Project No. A010(939) Parcel ID No. 0045639 Key No. 10939 1,200 Sq. Ft. (0.028 Acres) Page I of I PARCEL NO.9 PERMANENT EASEMENT A parcel of land being a portion of Lot 1, Block 1 of MR. SANDMAN SUBDIVISION, as filed in Book 60 of Plats, at Pages 5971-5972, Records of Ada County, Idaho, situated in the Southeast Quaker of the Southeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southeast east comer of said Section 13, (Corner Perpetuation and Filing Record No. 107153517); thence, along the East line of said Section 13, A) N.1°01'39"E., 236.36 feet; thence, leaving said East line, B) N.88°58'21 "W., 60.00 feet to the existing westerly right-of-way line of State Highway 69, as conveyed to the Ada County Highway District by Deed Instrument No. 106160623; thence, along the southerly boundary of said Lot 1, C) N.88°58'21 "W., 18.00 feel to the POINT OF BEGINNING, located 78.00 feet Lt. from State Highway 69 Project Centerline Station 420+60.06, thence, continuing along said southerly boundary, 1) N,88 -58'21"W., 20.00 feet to a point, located 98.00 feet Lt. from State Highway 69 Project Centerline Station 420+60.06; thence, parallel with the East line of said Section 13, 2) N.1 001'39"E., 60.00 feet to the northerly boundary of Lot 1 of said subdivision, located 98.00 feet Lt. from State Highway 69 Project Centerline Station 421+20.06; thence, along the northerly boundary of said Lot 1, 3) S.88°58'21 "E., 20.00 feet to a point, located 78.00 feet Lt. from State Highway 69 Project Centerline Station 421+20.06; thence, 4) S.1°01'39"W., 60.00 feet to the POINT OF BEGINNING. The above-described parcel CONTAINS 1,200 square feet (0.028 Acres), more or less. Parcel limits extending from State Highway 69 Project Centerline Station 420+60.06 to 421+20.06. SUBJECT TO: Record Documents. Gi120118\WP81es1A0 - Right-of-Way\SEP-15 Legal DescriplionsTarcel 9V4i1PARCEL 9 PE.doc BOISE • COEUR d'ALENE • NAMPA MT -O ENGINEERS EXHIBIT B CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 208-323-2288 - FAX 208323-2399 Idaho Transportation Department April 1, 2013 1-84, Meridian Interchange Assessor's Parcel No. 87702510031 Project No. A010(939) Parcel ID No. 0045640 Key No, 10939 2,095 Sq. Ft. (0.048 Acres) Page 1 of 1 PARCEL NO. 10 PERMANENT EASEMENT A parcel of land being a portion of Lot 3, Block 1 of MR. SANDMAN SUBDIVISION, as filed in Book 60 of Plats, at Pages 5971-5972, Records of Ada County, Idaho, situated in the Southeast Quarter of the Southeast Quarter of Section 13, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, being more particularly described as follows: COMMENCING at the Southwest corner of said Section 13 (Corner Perpetuation & Filing Record No. 10107153517); thence, along the East line of said Section 13, A) N.1 °01'39"E., 410.67 feet; thence, leaving said East line, B) N,88°58'21 "W., 60.00 feet to the existing westerly right-of-way line of State Highway 69, as conveyed to the Ada County Highway District, by Deed Instrument No. 106160623, , located 60.00 feel Lt. from SH -69 Project Centerline Station 422+34.37; thence, along the southerly boundary of said Lot 3, C) N.88058'21"W., 18.00 feet to the POINT OF BEGINNING, located 78.00 feet Lt. from SH -69 Project Centerline Station 422+34.37; thence, continuing along said southerly boundary, 1) N.88°58'21"W., 20.00 feet to a point located 98.00 feet Lt. from S14-69 Project Centerline Station 422+34.37; thence, parallel with the East line of said Section 13, 2) N.1 °01'39"E., 109.05 feet to a point, located 98.00 feet Lt. from SH -69 Project Centerline Station 423+43.42; thence, 3) S.65°41'05"E., 21.77 feet to a point, located 78.00 feet Lt. from SH -69 Project Centerline Station 423+34.81 ; thence, parallel with the East line of said Section 13, 4) S.1 °01'39"W., 100.44 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 2,095 square feet (0.048 Acres), more or less. SUBJECT TO: Record documents. Parcel limits extend from State Highway 69 Project Centerline Station 422+34.37 to 423+43.42. GM20118\W Priles\40 - Right-or-WayMP-15 Legal Descriplions\Parcel 10\PE\PARCL'L 10 Pr-doc BOISE - COEUR d'ALENE • NAMPA Meridian City Council Meeting DATE: June 3. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS WEEK PROCLAMATION Public Works Week Proclamation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: 6� L PROJECT NUMBER: ITEM TITLE: LACROSSE TEAM PROCLAMATION Mountain View High School Lacrosse Team Proclamation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: ITEM TITLE: Items Moved From Consent Agenda PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3. 2014 ITEM NUMBER: PROJECT NUMBER: FP 1 ITEM TITLE: REVOLUTION RIDGE FP 14-022 Revolution Ridge Subdivision No. 1 by Conger Management Located 1 100 W. Riodosa Drive Request: Final Plat Approval Consisting of Forty -Five (45) Building Lots and Four (4) Common Lots on 14.24 Acres of Land in the R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-023 ITEM TITLE: SAGEWOOD SUBDIVISION FP 14-023 Sagewood Subdivision by Sagewood Overland, LLC Located South Side of W. Overland Road, Approximately 650 Feet West of S. Stoddard Road Request: Final Plat Approval Consisting of Two (2) Office Lots, Forty -Five (45) Residential Lots and Eight (8) Common Lots on Approximately 15.62 Acres of Land in the L -O and R-8 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-001 ITEM TITLE: TEN MILE CENTER - (CONTINUED) Continued from May 6, 2014: Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. - "l qq : Resolution Appointing Seldon S. "Butch" Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I q -90 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER MILAN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING SELDON S. `BUTCH" WEEDON TO SEAT 7 THE MERIDIAN IMPACT FEE ADVISORY COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian, by the passage of Resolution No. 06- 1255, on September 5, 2006, amending Title 10, Chapter 7 to the Meridian City Code and thereby created the Meridian Impact Fee Advisory Committee; and WHEREAS, that Resolution No. 10-740 passed on September 7, 2010 further established the members and terms of appointments for the Meridian Impact Fee Advisory Committee; and WHEREAS, Seat 7 of the Meridian Impact Fee Advisory Committee is currently vacant; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Seldon S. "Butch" Weedon to Seat 7 of the Meridian Impact Fee Advisory Committee; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Seldon S. "Butch" Weedon is hereby appointed to Seat 7 of the Meridian Impact Fee Advisory Committee for a three year term to run through September 30, 2015; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. / ADOPTED by the City Council of the City of Meridian, Idaho, this 5 rq day of, 2014. k' APPROVED by the Mayor of the City of Meridian, Idaho, this day of l --I, ' 2014. APPROVED: `04° Tye U``5r ayorT eerd ATTEST: 3 csty.,r IDIAN*- Eoano By:CUAT m Jaycee L o man, City Cle ":r,, ��E1e in EA5�0. RESOLUTION FOR APPOINTMENT OF SELDON S. "BUTCH" WEEDON To TUE MERIDIAN IMPACT FEE ADVISORY COMMITTEE Seldon S. "Butch" Weedon 406.788.0222 butchweedan®gmail.com 2874 East Easy Jet Drive, Meridian, Idaho 83642 May 20, 2014 Tammy de Weerd, Mayor City of Meridian 33 East Broadway Avenue Meridian, Idaho 83642 Dear Mayor: I am new to Meridian, and seeking an opportunity to be of service to the community. My wife and I relocate a year ago to be closer to our Grandchildren, We are learning to appreciate the community and it's many attributes. I am interested inn the Impact Fee Advisory Commission posted on the Home Page. I have attached an application and resume for your review. I have spent my entire career in public service, specifically public safety. I have served as a police officer, arson investigator, fire chief (both career and volunteer) and been a student of public safety for several decades. In my last employment, I worked with communities in Montana on fire protection related Issues, and dealt specifically with the impact fee issue. I am not involved in local politics at all and, I believe, that I have a clear understanding of the issues involved with levying impactfees. Should you find another candidate better suited to the position, I will remain available to serve the city in any role needed. Sincerely yours, 7 Seldon S. Weedon Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: ❑ Parks & Recreation Commission O Planning & Zoning Commission ❑ Meridian Arts Commission ❑ Historical Preservation Commission Q transportation Commission elmpact Fee Committee O Solid Waste Advisory Commission d General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: '5, UJE.227Civ Home Address: Telephone: Gln- 2 - o E -Mail Addn Occupation: Are you a resident of the City of Meridian? If not, do you live in Meridian's area of impact? Why do you want to become involved? 02r Yes O No O Yes O No Do you participate in any local service clubs or other organizations? 0 Yes 03 -No If so, please list: -RA--Q-- ftg2O>ft What areas of city government are of most interest to you? Have you participated in any level of volunteer government service in the past? m// Yes d No If so, please Est: Do you understand the tilpe commitment required to attend meetings and review/research data to make recommendations? Er Yes O No / Signature } Q yf 121 LU—VO4 Date Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E, Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 SELDON S. "BUTCH" WEEDON 2874 E. Easy Jet Drive Meridian, Idaho 83642 406-788-0222 butchweedon@gmail.com OBJECTIVE VOLUNTEER SERVICE IN MY COMMUNITY EXPERIENCE MONTANA STATE UNZ"TASLTY - FIRE SERVICES TRAINING SCHOOL Director, 12/81 to 9/12 CITY OP WAYNESBORO, VIRGINIA, FIRE DEPARTMENT Fire Chief, 12/77 to 12/81 PRINCE WILLIAM COUNTY, VIRGINIA - FIRE AND RESCUE SERVICE Firefighter, Lieutenant, Captain, 5/74 to 12/77 KENSINGTON VOLUNTEER FIRE DEPARTMENT, MONTGOMERY COUNTY, MARYLAND Firefighter, 7/63 to 6/66 volunteer, 6/66 to 3/69 career VOLUNTEER & PART-TIME TREASURE VALLEY COMMUNITY COLLEGE Fire Science Instructor, 9/13 - 12/13 GORE HILL FIRE SERVICE AREA FIRE Firefighter, Assistant Chief & Trustee, Chief- 9/98- 6/13 COMMONWEALTH OF VIRGINIA - FIRE SERVICES TRAINING Certified Instructor, 71-81 BLUE RIDGE COMMUNITY COLLEGE Fire Science Instructor, 80-81 NATIONAL FIRE ACADEMY Adjunct Instructor, 84-92 EDUCATION NORTHERN VIRGINIA COMMUNITY COLLEGE Associate in Applied Science Degree, Fire Science, 1977 COLLEGE OF GREAT FALLS Bachelor of Science Degree, Criminal Justice, 1986 Bachelor of Science Degree, Public Administration, 1987 NATIONAL FIRE AOADEMY Executive Fire Officer Program, 1988 UNTVERSTTr OF MONTANA Masters Degree, Administrative Science - Public Administration, 1996 PROFESSIONAL AFFILIATIONS (PAST AND PRESENT) International Fire Service Accrediting Congress (Board of Governors) Montana State Fire Chiefs Association (Executive Board & Life Member) Montana State Emergency Response Commission (Governor Appointee) Virginia Fire Prevention Association (Board of Directors) National Fire Protection Association (Professional Qualifications for Fire Prevention Personnel Committee) National Association of State Directors of Fire Training and Education (Member) International Association of Arson Investigators (Virginia Chapter, BOD) Virginia State Fire Chief's Association Training Resource and Data Exchange (TRADE State Representative) National Board for Fire Service Pro, -sessional Qualification (Board of Directors) REFERENCES Dr. Brian Crandell 406-539-5237 Former Fire Chief Bozeman, MT 59717 Steve Rester, Assistant Chief 406-727-8070 shester@ci.great-falls.mt.us Great Falls Fire / Rescue Great Falls, Montana 59404 Dr. Douglas Steele, Director, 979-845-7800 Extension service Texas A & M University COMMENDATIONS / HONORS Life Member - Montana State Fire Chiefs Commendation - U. S. Coast Guard - Life Saving Effort Letter of Commendation - Arson I Homicide Investigation Letter of Commendation - Montana Legislative Committee Meridian City Council Meeting DATE: June 3, 2014 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS