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2016-04-05
E IDIANr% CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 05, 2016 at 6:00 PM 1. Roll -Call Attendance X Anne Little Roberts O Joe Borton X Ty Palmer _X Keith Bird X Genesis Milam _X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan with Real Life Ministries 4. Adoption of the Agenda Adopted A. Proclamation for Ambrose School Boys' Basketball State Champions Day 5. Consent Agenda Approved A. Approve Minutes of March 1, 2016 PreCouncil City Council Meeting B. Approve Minutes of March 1, 2016 City Council Meeting C. Approve Minutes of March 8, 2016 City Council Workshop Meeting D. Approve Minutes of March 15, 2016 City Council Meeting E. Approve Minutes of March 22, 2016 PreCouncil City Council Meeting F. Approve Minutes of March 22, 2016 City Council Meeting G. Approve Minutes of March 29, 2016 City Council Special Meeting H. Final Order for Reflection Ridge Subdivision No. 5 (H-2016-0010) by Schultz Development, LLC Located 575 E. Rumple Lane Request: Final Plat Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 1 of 6 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. Approval Consisting of Fifty -Three (53) Building Lots and Nine (9) Common Lots on 18.88 Acres of Land in the R-8 Zoning District I. Final Order for Reflection Ridge Subdivision No. 6 (H-2016-0015) by Schultz Development, LLC Located West of S. Locust Grove Road and South of E. Victory Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 12.75 Acres of Land in the R-8 Zoning District J. Final Order for Oaks South No. 4 (H-2016-0020) by Coleman Homes, LLC Located South Side of W. McMillan Road, Between N. McDermott and Black Cat Roads Request: Final Plat Approval Consisting of Forty -Six (46) Single Family Residential Lots and Seven (7) Common Lots on 17.99 Acres in the R-4 Zoning District K. Findings of Fact, Conclusions of Law for Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard and West of Spurwing Way Request: Two (2) Year Time Extension on the Final Plat for Olivetree at Spurwing Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat L. Final Order for Creason Creek Subdivision (H-2016-0022) by CS2, LLC Located Southeast Corner of N. Linder Road and W. Ustick Road. Request: Final Plat Consisting of Thirty -Four (34) Single Family Residential Lots and Six (6) Common Lots on 15.75 Acres of Land in the R-8 Zoning District M. Professional Services Agreement for Concert Series Production Services Between the City of Meridian and Epique Events and Gifts Regarding Kleiner Park LIVE at Julius M. Kleiner Memorial Park N. Amended Development Agreement for Verona East (MDA -15-002) with Gerald Martens located at 5048 N. Cortona Way, in the SW '/4 of Section 26, Township 4 North, Range 1 West. (Parcel No. R9010660620) O. Approval of Task Order 10680.a to ADVANCED CONTROL SYSTEMS for the "SCADA System Upgrades PRV's 2, 6, 10, 14, 23 & 26" project for a Not -To - Exceed amount of $76,480.00. P. Vacation And Release Of a 27' Easement Adjacent to McMillan Rd. At Paramount Square Sub (Mcmillan Road) Q. Vacation And Release Of a 35' Easement Adjacent to Meridian Rd. At Paramount Square Sub (Meridian Road) Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 2 of 6 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. R. Sanitary Sewer And Water Main Easement between the City of Meridian and Brighton Development, Inc. for Paramount Square Subdivision No. 2 S. Sanitary Sewer And Water Main Easement Between The City Of Meridian And Isola Creek LLC for Isola Creek Subdivision No. 3 T. Sanitary Sewer Main Easement between the City of Meridian and Challenger Development, Inc. for Normandy Subdivision U. Sanitary Sewer And Water Main Easement between the City of Meridian and Sagewood Overland LLC for Sagewood Subdivision V. Sanitary Sewer And Water Main Easement between the City of Meridian and Corona LLC for Sagewood Subdivision W. Water Main Easement between the City of Meridian and Brighton Development for Hill's Century Farm Phase 3 X. Easement Agreement Between University Venture Dst And City Of Meridian For Sanitary Sewer Lift Station Underground Infrastructure At Kennedy Commercial Subdivision And Bill Of Conveyance For Certain Infrastructure Components. Y. Resolution No. 16-1127: A Resolution Affirming City of Meridian's Commitment to Provide a Community Match Under the Idaho Tax Reimbursement Incentive Act in Support of the Proposed Idaho College of Osteopathic Medicine to be Located in Meridian, Idaho; and Providing an Effective Date Z. Resolution No. 16-1128: A Resolution (H 2016-0017 Shops at Victory) Vacating a Portion of the 10 -Foot Wide Public Utility Easement Located on the Northwest Corner Boundary of Lot 3 of Golden Eagle Estates. Subject Property is Located at 3210 S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date. AA. Resolution No. 16-1129: Resolution (H2O16-0016 Quenzer Commons No. 10) Vacating Plat Note #5 that requires Lot 11, Block 13 to take access from N. Quenzer Way. Subject property is located at 3997 N. Quenzer Way, in the SE 1/4 of Section 31, Township 4 North, Range 1 East, Meridian City, Ada County, Idaho. BB. Continued from March 22, 2016: Final Plat for Paramount Subdivision No. 31 (H-2016-0021) by SCS Brighton, LLC Located North of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 3 of 6 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. Forty -Two (42) Single Family Residential Lots and Three (3) Common Lots on 10.54 Acres in the R-8 Zoning District CC. Final Plat for Shops at Victory (H-2016-0029) by WL Victory Crossing, LLC Located South Side of E. Victory Road and East Side of S. Eagle Road. Request: Final Plat Consisting of Three (3) Commercial Lots on 3.68 Acres in the C -C Zoning District 6. Community Items/Presentations A. Presentation by Senator Mary Hagedorn regarding the Idaho College of Osteopathic Medicine B. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 7. Items Moved From the Consent Agenda None 8. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff's report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 minutes or if they are representing a larger group, such as a Homeowners Association, they are allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the public's comments. No additional public testimony is taken once the public hearing is closed. A. Continued from March 15, 2016 Copperbrook Subdivision (H-2015-0029) by Hayden Homes Idaho, LLC Located 4725 N. McDermott Road Denied 1. Request: Annexation and Zoning of 51.45 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of 199 Building Lots and Eight (8) Common Lots on 51.45 Acres of Land in the R-8 Zoning District B. Final Plat for Southern Highlands Subdivision No. 3 (H-2016-0032) by Boise Hunter Homes Located West of S. Eagle Road and North of E. Taconic Drive Approved 1. Request: Final Plat Approval Consisting of Forty -Seven (47) Building Lots and Five (5) Common Lots on 19.3 Acres of Land in an R-4 Zoning District Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 4 of 6 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. C. Public Hearing for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel Approved w/ Conditions 1. Request: Preliminary Plat Approval Consisting of Sixty -Eight (68) Building Lots, Eighteen (18) Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District 2. Request: Modification to the Development Agreement with AZ 14- 016 to reflect modified site layout and updated provisions D. Public Hearing for Swindell Subdivision (AZ -15-010 / RZ-15-011 / PP -15- 013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road Approved 1. Request: Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C -G to the C -C Zoning District 2. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C -C Zoning District E. Public Hearing for Fall Creek Meadows Subdivision (H-2016-0009) by Bear Creek West Development, LLC Located South of W. Overland Road on East Side of S. Linder Road Approved Request: Annexation and Zoning of 13.17 Acre of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Ninety -Five (95) Building Lots and Ten (10) Common Lots on 33.54 Acres of Land in a Proposed R-8 Zoning District 3. Request: Development Agreement Modification to Incorporate the Surplus Property Purchased from the School District (Parcel #S1224244410) into the Existing DA for Bear Creek West Subdivision (Instrument #106151232) 9. Department Reports A. Mayor's Office: Resolution No. 16-1130: Appointment of Spencer Meinburg to the Meridian Parks and Recreation Commission Approved B. Police Department: Budget Amendment for Eight (8) Cradlepoint Devices for Patrol Vehicles for the Not -to -Exceed Amount of $27,500.00 Approved Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 5 of 6 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. C. Human Resources: Merit Costs for the FY2017 Budget 10. Ordinances and Other Items A. Ordinance No. 16-1677: An Ordinance of the City of Meridian Granting the Rezone of 0.669 acres of Land known as Verona East Subdivision (RZ 15- 004) From the L -O (Limited Office) Zoning District to R-8 (Medium Density Residential) Zoning District in the Meridian City Code. The Property is a Parcel of Land Being all of Lot 12, Block 10 and a Portion of North Cortona Way, as Shown on that Certain Plat entitled "Verona Subdivision No. 2", According to the Official Plat Thereof Recorded March 4, 2005, in Book 91 of Plats and Page 10743, Records of Ada County, Idaho; and Providing an Effective Date Approved B. Ordinance No. 16-1678: An Ordinance of the City of Meridian Amending Title 1, Chapter 8, Section 1, Meridian City Code, Appointments by the Mayor; Providing a Waiver of the Reading Rules; and Providing an Effective Date Approved C. Ordinance No. 16-1679: An Ordinance of the City of Meridian Repealing Title 1, Chapter 8F, Sections 1 and 2, City Human Resources Department Director; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved D. Ordinance No. 16-1680: An Ordinance of the City of Meridian Amending Title 1, Chapter 8B, Sections 1-2, Meridian City Code, City Treasurer to Chief Financial Officer/City Treasurer and Repealing Title 1, Chapter 8E, Sections 1-2; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved E. Ordinance No. 16-1681: An Ordinance Adding Title 1, Chapter 8E, Sections 1-2, Meridian City Code, Support Services Director; Providing For a Waiver Of The Reading Rules; And Providing An Effective Date Approved F. Appointment of Todd Lavoie as Chief Financial Officer/City Treasurer of the City of Meridian Approved G. Appointment of Jaycee Holman as Support Services Director of the City of Meridian H. Amended onto the agenda: Appointment of Jacy Jones as City Clerk of the City of Meridian 11. Future Meeting Topics Adjourned at 9:39 p.m. Meridian City Council Meeting Agenda Tuesday, April 05, 2016 — Page 6 of 6 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 April 5, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, April 5, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Josh Beach, Clint Dolsby, Jamie Leslie, David Jones, Todd Lavoie, Crystal Ritchie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Again, thank you for being here this evening. I will go ahead and launch right into our regular agenda. For the record it is Tuesday, April 5th. It's a few minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan with Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Justin Jordan with Real Life Ministries. Thank you for being here this evening. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Jordan: Thanks for having me. Let's pray. Lord, we come before you tonight and thank you for just the opportunity to come and pray for the City Hall, City Council, for our Mayor, for our great city. God, we are thankful that we live in an amazing city, the greatest city in the United States and you bless us with Meridian City Council April 5, 2016 Page 2 of 77 amazing citizens and amazing leadership to lead this city. I pray for unity amongst this Council, amongst the different divisions of City Hall as they continue to lead us and lead -- make the best decisions for this great city. God, we ask that the different departments as they are getting ready for budget for next -- for 2017 that there would be unity and an ability to really think about what's best for the citizens in this community and they would work together and that the agenda that everybody brings forward would be one that is in harmony with one another and what's best for this great community. We pray for your blessing to go upon the citizens of this city and it would be great knowledge for our -- for our kids and our grandkids as well. Again, I pray for leadership. I pray for just wisdom and discernment and unity and thank you, Lord, that you bless us so abundantly in Meridian, Idaho. We pray this all in your son's name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you, Pastor Justin. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda -- on the Consent Agenda Item Y, the resolution number is 16-1127. Z is 16-1128. AA is 16-1129. And under the ordinances, 10-A, Ordinance is 16-1677. B is 16-1678. C is 16-1679. D is 16-1680. And E is 16- 1681. And we want to add an Item H, the appointment of Jacy Jones as City Clerk to the City of Meridian. With that I move we approve the amended agenda. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. A. Proclamation for Ambrose School Boys’ Basketball State Champions Day De Weerd: Council, tonight we have the privilege of having the boy's basketball state champions here with us from Ambrose and I'm going to move down to the podium, but I will ask the players and their coaches if you will, please, come join me at the podium. Well, it's always a great privilege to be able to recognize hard work and those ambassadors that represent our community and do us proud. We are very proud of the hard work that you all have worked towards this state championship and so this is your day. I'm going to read a proclamation without your names, because usually I butcher them, so -- but I will tell you that in the proclamation that will be part of the public record it will include your names. I do Meridian City Council April 5, 2016 Page 3 of 77 have a proclamation that lists all of them out, so if some day you ever want to show your family members that you made it into the history books of the City of Meridian you can do a search on your name and it will come up. So, with that said let me read this proclamation. I will turn it over to -- I will present it to your coach, but I also understand -- which of you are Travis? That you may have a few words to say afterwards. No one told you that? Whereas being an Ambrose Archer basketball player is more than scoring point, making assists, grabbing rebounds, stealing the ball, and achieving the state title, it is training to build leadership, character, confidence, teamwork and resilience, all traits needed to succeed on the court, in the classroom, and in the real world and whereas for the 2015-2016 the Archers not only went undefeated in their conference, but continued the basketball domination at the district tournament by bringing home the winning trophy and whereas their strong desire to exhibit excellence in all they do resulted in 67-62 victory to win the Idaho A-1, Division 1, boys state basketball championship tournament and whereas capturing the first ever basketball state title builds school spirit and allows these young to walk the halls of Ambrose with a little extra swagger and whereas the leadership, training, and discipline of their coaches helped all team members to focus their talents and passion to becoming a winning team, with each player making a valuable contribution to their victory. Therefore, I, Mayor Tammy de Weerd, hereby to proclaim April 5th as Ambrose School Boys Basketball State Champions Day here in the City of Meridian and I call upon our community to join me in congratulating the Archers on their remarkable athletic achievement and for representing our community, Meridian, so proudly in the state tournament and I will turn this over to their coach. I will ask the coach to -- to say a few words and, then, we will have their captain do that and, again, coach, I would like to congratulate you with this achievement. Certainly it's your team, but we know the hard work and discipline behind being the coach as well, so thank you to you both. Hosier: Thank you very much. Okay. I will keep this short. So, first off, on behalf of the Ambrose School and the Ambrose community let me express my appreciation to the City of Meridian and Mayor Tammy for this honor. It has been a privilege to coach and mentor these young men over the past several years. Our program has come a long way from the carpeted gyms and five gyms in five nights that we had 11 years ago to the pinnacle of our sport a state championship. I feel the team has represented the community of Meridian well, both with honor and humility. I feel -- sorry. And as we talked about many times before, we don't play basketball to give glory to self, but we play basketball to give glory to God. Once again let me express my gratitude for taking th e time to recognize the hard work and achievement of these young men and I wish you a good evening. Thank you. Yenor: Yes. As coach said, our school's athletic mantra is soli deo gloria, which is a Latin phrase that means glory to God alone and that's our goal here as Ambrose basketball players, give the glory to God and we also want to thank Meridian City Council April 5, 2016 Page 4 of 77 Meridian for allowing us to come here and for the honor -- honor that it is to have a day named after us. Thank you. De Weerd: So, if I could get each of you to just say your name and the position that you play, we would greatly appreciate that. Hughes: My name is Jaxon Hughes and I played point guard. Yenor: Travis Yenor and I'm the center. Good: Reagan Good and I'm a guard. Wilson: Zach Wilson. Backup center. Ashaye: Dami Ashaye. Small forward. Walsh: Matthew Walsh. I'm a guard. Boeck: Easton Boeck. Power forward. De Weerd: Thank you very much. Item 5: Consent Agenda A. Approve Minutes of March 1, 2016 PreCouncil City Council Meeting B. Approve Minutes of March 1, 2016 City Council Meeting C. Approve Minutes of March 8, 2016 City Council Workshop Meeting D. Approve Minutes of March 15, 2016 City Council Meeting E. Approve Minutes of March 22, 2016 PreCouncil City Council Meeting F. Approve Minutes of March 22, 2016 City Council Meeting Meridian City Council April 5, 2016 Page 5 of 77 G. Approve Minutes of March 29, 2016 City Council Special Meeting H. Final Order for Reflection Ridge Subdivision No. 5 (H-2016-0010) by Schultz Development, LLC Located 575 E. Rumple Lane Request: Final Plat Approval Consisting of Fifty-Three (53) Building Lots and Nine (9) Common Lots on 18.88 Acres of Land in the R-8 Zoning District I. Final Order for Reflection Ridge Subdivision No. 6 (H-2016-0015) by Schultz Development, LLC Located West of S. Locust Grove Road and South of E. Victory Road Request: Final Plat Approval Consisting of Thirty-Nine (39) Building Lots and Five (5) Common Lots on 12.75 Acres of Land in the R-8 Zoning District J. Final Order for Oaks South No. 4 (H-2016-0020) by Coleman Homes, LLC Located South Side of W. McMillan Road, Between N. McDermott and Black Cat Roads Request: Final Plat Approval Consisting of Forty-Six (46) Single Family Residential Lots and Seven (7) Common Lots on 17.99 Acres in the R-4 Zoning District K. Findings of Fact, Conclusions of Law for Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard and West of Spurwing Way Request: Two (2) Year Time Extension on the Final Plat for Olivetree at Spurwing Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat L. Final Order for Creason Creek Subdivision (H- 2016-0022) by CS2, LLC Located Southeast Corner of N. Linder Road and W. Ustick Road. Request: Final Plat Consisting of Thirty-Four (34) Single Family Residential Lots and Six (6) Meridian City Council April 5, 2016 Page 6 of 77 Common Lots on 15.75 Acres of Land in the R-8 Zoning District M. Professional Services Agreement for Concert Series Production Services Between the City of Meridian and Epique Events and Gifts Regarding Kleiner Park LIVE at Julius M. Kleiner Memorial Park N. Amended Development Agreement for Verona East (MDA-15-002) with Gerald Martens located at 5048 N. Cortona Way, in the SW ¼ of Section 26, Township 4 North, Range 1 West. (Parcel No. R9010660620) O. Approval of Task Order 10680.a to ADVANCED CONTROL SYSTEMS for the “SCADA System Upgrades PRV’s 2, 6, 10, 14, 23 & 26” project for a Not-To-Exceed amount of $76,480.00. P. Vacation And Release Of a 27’ Easement Adjacent to McMillan Rd. At Paramount Square Sub (Mcmillan Road) Q. Vacation And Release Of a 35’ Easement Adjacent to Meridian Rd. At Paramount Square Sub (Meridian Road) R. Sanitary Sewer And Water Main Easement between the City of Meridian and Brighton Development, Inc. for Paramount Square Subdivision No. 2 S. Sanitary Sewer And Water Main Easement Between The City Of Meridian And Isola Creek LLC for Isola Creek Subdivision No. 3 T. Sanitary Sewer Main Easement between the City of Meridian and Challenger Development, Inc. for Normandy Subdivision Meridian City Council April 5, 2016 Page 7 of 77 U. Sanitary Sewer And Water Main Easement between the City of Meridian and Sagewood Overland LLC for Sagewood Subdivision V. Sanitary Sewer And Water Main Easement between the City of Meridian and Corona LLC for Sagewood Subdivision W. Water Main Easement between the City of Meridian and Brighton Development for Hill’s Century Farm Phase 3 X. Easement Agreement Between University Venture Dst And City Of Meridian For Sanitary Sewer Lift Station Underground Infrastructure At Kennedy Commercial Subdivision And Bill Of Conveyance For Certain Infrastructure Components. Y. Resolution No. 16-1127: A Resolution Affirming City of Meridian's Commitment to Provide a Community Match Under the Idaho Tax Reimbursement Incentive Act in Support of the Proposed Idaho College of Osteopathic Medicine to be Located in Meridian, Idaho; and Providing an Effective Date Z. Resolution No. 16-1128: A Resolution (H 2016- 0017 Shops at Victory) Vacating a Portion of the 10-Foot Wide Public Utility Easement Located on the Northwest Corner Boundary of Lot 3 of Golden Eagle Estates. Subject Property is Located at 3210 S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date. AA. Resolution No. 16-1129: Resolution (H2016-0016 Quenzer Commons No. 10) Vacating Plat Note Meridian City Council April 5, 2016 Page 8 of 77 #5 that requires Lot 11, Block 13 to take access from N. Quenzer Way. Subject property is located at 3997 N. Quenzer Way, in the SE 1/4 of Section 31, Township 4 North, Range 1 East, Meridian City, Ada County, Idaho. BB. Continued from March 22, 2016: Final Plat for Paramount Subdivision No. 31 (H-2016-0021) by SCS Brighton, LLC Located North of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty-Two (42) Single Family Residential Lots and Three (3) Common Lots on 10.54 Acres in the R-8 Zoning District CC. Final Plat for Shops at Victory (H-2016-0029) by WL Victory Crossing, LLC Located South Side of E. Victory Road and East Side of S. Eagle Road. Request: Final Plat Consisting of Three (3) Commercial Lots on 3.68 Acres in the C-C Zoning District De Weerd: Okay. Council, Item No. 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item No. Y is -- the resolution number is 16-1127. Z is 16-1128. AA is 16-1129. And with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, I will call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council April 5, 2016 Page 9 of 77 Item 6: Community Items/Presentations A. Presentation by Senator Marv Hagedorn regarding the Idaho College of Osteopathic Medicine De Weerd: Okay. Under Item 6 is a community presentation. We have with us tonight Senator Marv Hagedorn and would like to have you come forward and thank you for joining us. Hagedorn: Thank you, Madam Mayor and City Councilmen. This is a pleasure and I appreciate the opportunity. I wanted to come in last week after we got out of session, but you guys were pretty busy, so this week will do. I wanted to come before you for two reasons. One -- the first reason was to thank you. When we were in the middle of negotiations with the Idaho College of Osteopathic Medicine -- at that time it was just the College of Osteopathic Medicine -- the Department of Commerce came to you asking you for some help to throw something in the kitty to make the CEO -- the decision makers of the new medical school feel welcome, to help entice them to come to Meridian and you did that without really knowing a lot about what was going on, but you trusted a lot of people and I really, really appreciate that. It made a huge difference in their decision. In fact, after the Mayor had come and presented the letter to the CEO of the Burrell Group he came to me that afternoon and said this is so different than where we were and we worked 11 months in Montana and we still didn't feel welcome and we have been here for 30 days and it feels like home. So, you made a huge difference and I wanted to thank you for that. It really -- it really helped solidify this deal. The second reason I wanted to come before you was to tell you -- kind of tell you the story about how this whole thing happened, so you had that history and, then, answer any questions that you might have since the decisions were made. A lady by the name of Suzanne Frederick, who lives in Eagle, was the executive director of the Idaho Osteopathic Medical Association. We have about 200 osteopathic doctors in Idaho of the 3,200 that we have right now in Idaho. She knew of this school that was planning -- or this group, a private company, that was planning on building this college in Montana, in Bozeman, and they were having some problems. They weren't getting a good welcome from the Montana Medical Association. They were struggling with -- with the WWAMI folks in Montana. WWAMI is the association we have to train our medical doctors between five different states and they were fighting an uphill battle and Suzanne talked to them and wondered if they might be amenable to considering Idaho and she came to me and said -- because I'm also the senator for Eagle -- she said, hey, I got this great idea. Maybe we can bring this College of Osteopathic Medicine to Idaho and that was on December 20th and I said, you know what, I would really, really like to talk to you about this, but tomorrow my son gets married and I have a house full of all kinds of people and, then, the holidays and we are going to -- because I have people calling me all the time with really, really great ideas. But this one was. After the holidays I made an appointment with Suzanne and we sat down, along with Kent Kunz and Kent had Meridian City Council April 5, 2016 Page 10 of 77 gone through -- the reason I asked Kent to come was Kent is the representative for ISU and he had gone through the study eight years earlier, the medical study that we did to see if we could place a medical school in Idaho and a lot of us -- although we were really pushing for that, had our tails handed to us, because Idaho could not do that alone. It was an 80 million dollar effort. We didn't have the residencies, we didn't have the ability to do the clerkships. We couldn't do it by ourselves. So, we have been working with WWAMI trying to build up that process. So, I wanted Kent in that room. So, Kent and I and Suzanne went to Kent's office and we talked about what the opportunities were. Kent called the president of ISU and asked him if he would be interested and President Vailas said absolutely, positively not, until I get some coverage from the governor, because every time I try to do something outside the norm the state board of education smacks me. It sounds like a great idea, but I can't get involved in it. So, I put a quick plan together. I went over and briefed the governor in about probably less than 45 minutes from when we talked to the CEO, making sure that he would consider Meridian and I got the governor's blessing in about 15 minutes and we put the right people together. They were very hesitant to brief people on the potential of the -- or this college coming to Idaho, because of the -- the issues that they experienced in Montana. Dr. Hasty had already put down money on a house. They had made a lot of investments in Montana. They had been working there for 11 months and they just were having a struggle making it work. Too many people were working against them. So, they wanted to find a place that they could plant some roots before they really ran into the same issues and they did that here. Within 30 days we had a contract between ISU and -- and the Burrell Group put together, but it took us the next two weeks to get the state board of education on board to brief them on what happened, why they weren't briefed up until that two weeks later and in 45 days we had their unanimous consent to partner with ISU and build this college here in Meridian and so I believe it's going to not only change the face of Meridian, but I think it's going to change healthcare in Idaho significantly. We are already seeing where companies are now looking at Idaho to support the college. They are looking at opportunities and the College of -- the Idaho College of Osteopathic Medicine already has 300 more preceptors within the five state region signed up to do clerkships. This is three years before we even have the opportunity to do a clerkship and so people in the five state region that they will be supporting are very excited. They plan on and announced that they were going to take what the City of Meridian offered them monetarily and the tax credits that they are going to get from the state and create scholarships for Idaho students. Idaho students in our contract have -- qualified Idaho students in our contract have priority for the seats in the university at ISU, so -- and we have two seats on the board as well for the college. So, I think we came out fairly well. A hundred and ten -- roughly 110 million dollars. I met with -- that's going to be spent the first year. I met with the CEO of -- excuse me. The investment manager for the Rice Foundation -- Rice University Foundation, they are going to be the major partner in the investment. He was here last week and we met and he was so excited to walk through the labs and the facilities at ISU, he understands -- with what he saw he Meridian City Council April 5, 2016 Page 11 of 77 said, you know, we aren't going to have to invest as much as we planned, which means we can invest in other places and so we talked about rural Idaho and about the struggle that we have in getting doctors to rural Idaho and that struggle includes facilities. If we want to bring a doctor to Challis or to Council, they -- not only do they need to move there, but they need to build a practice there. They need to have facilities to do that practice. So, we are in discussions right now with the Rice Foundation to possibly do some investments in rural Idaho, so we have a place for our students to go where our shortages exist. So, I wanted to -- seriously just wanted to thank you. Thank you for taking the chance, because I think it's really going to pan out for us and with that, Madam Mayor, I would love to stand for questions that anybody might have. De Weerd: Thank you, Senator. Council, any questions? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Marv, Senator, whatever we call you today, not necessarily a question. I just wanted to -- it's an important I guess aspect that got my support behind it was the fact that we are taking a piece of land that's currently tax exempt and it's becoming not only an economic juggernaut in the middle of town, but it's going to start producing a lot of property taxes. So, essentially, all we are doing is giving them a small piece of their property taxes back for them to reinvest directly into scholarships. So, that was important to me and that made it a really easy decision that I'm not sure what other places were missing out on, but got me excited about it. So, thanks for pushing it through and making it happen. Hagedorn: I appreciate that, Ty. And Ty, by the way, was my first campa ign manager. Although we lost that campaign, it was still -- Palmer: That's not important. Hagedorn: Yeah. That's right. I think that's a really valid point and I also believe a lot of people miss the opportunity of sales taxes, income taxes, spending that's -- I mean just the students alone -- we are going to have 600 students and their families that are going to be moving here and there is -- they are going to need the support of being in that college just to live. Then we are going to have all the doctors that are going to be teaching and all the support staff that are going to be teaching and moving into our -- into our area and they are going to need all of the -- the housing and all of those things and they are going to -- they are going to get paid very well and they are going to spend their money right here in the Treasure Valley. Meridian City Council April 5, 2016 Page 12 of 77 De Weerd: And when I talked with the gentleman from Rice Management Group, he -- he did mention that they are committed beyond opening the doors and that was -- that was exciting, but they -- they see that this will bring the synergy for health and health science related businesses -- almost become an opportunity for incubating ideas and innovation and so they have met with some of the surrounding activities that are going on through some of our private practices and the research they are doing and saw the opportunity there. So, it will have a ripple effect I think not only in healthcare and the quality of care in our state, but for the economic opportunities that also come with medical education and medical colleges. So, it is an exciting time. We look forward and certainly I -- our City Council has been all in for much of what Councilman Palmer mentioned, but what we can add to our generations coming forward and the opportunities that they can study here in our state and, then, in turn, practice in our state and that's exciting. Hagedorn: Yeah. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Marv, just a nice thank you to you for what you did to get this college here. I mean you're the number one player and we were just a little bit of a helper there for you and I certainly, certainly appreciate it. Thank you very much. Hagedorn: It's a team. I have been -- I have always enjoyed working with the City Council here. Bird: Thank you very much. Hagedorn: I mean just -- we have a good relationship and I really appreciate that. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe to echo Councilman Bird's comment, our thanks. Great constituent services. I mean when you think about that to have a citizen contact you and say I have got a great idea and to embrace that idea and to your point I know you get a lot of really, really good ideas, but I appreciate you noticing a great idea when it was presented and I also think it's important to thank the Mayor and our economic development team for jumping in. I know this was an aggressive timeline and had to be kept somewhat quiet and I appreciate your support on this project. Mayor, thanks to you and your staff for their work on this project. People talk a lot about win-wins, but it's my understanding that's like a Meridian City Council April 5, 2016 Page 13 of 77 win win win win win. So, it's great for Meridian, it's great for the state, thank you for your hard work on this. Hagedorn: Thank you, Luke. I appreciate that. And I felt really bad, because we -- there was only about ten people that were read in onto this program and what we were trying to accomplish and we had to put a timeline together when we could bring other people that were critical to making this happen, but we had milestones. If we -- if we met this milestone, then, we have got to bring, you know, person X, Y and Z on board and, then, we have got to meet the next milestone and I saw some of you and I so wanted to tell you what was going on, because I was -- I was losing sleep just from the excitement of the possibility. We had a lot of long days putting things together, but it just -- it has really come together well and there is some -- there is fences to be mended, because there were some folks that found out late and felt that they should have been involved much much earlier, but this private company decided they wanted to do it the way they wanted to do it and so we needed to -- we needed to observe that. So, anyway, thank you. De Weerd: Thank you, Senator. Milam: Madam Mayor? Little Roberts: Madam Mayor? De Weerd: Yeah. Mrs. Milam. Milam: You kind of said what I was going to say, but I just am so excited about this project, Senator, so -- just hearing you talk about it again almost brings tears to my eyes and I know it's kind of mooshy, but it's -- it is such an opportunity for our city and for our state, for our kids, it just makes me so happy inside and I'm glad you called that lady back. Good job. Keep it up. Hagedorn: Thank you. I don't let a lot of them go by. So, I have been cued -- she's a great lady. I believe she is still involved with the college, as will be a lot of people. I'm just excited that we were able to land it here and put a stake in the ground for them, so -- De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor and Senator, just, again, thank you so much. I don't want to reiterate what everyone else has said, but thank you for moving at the speed that they needed it to move at to make sure that it happened. I know that was a whirlwind for you and just on behalf of the business community and my other hat with the Chamber we are absolutely thrilled that it is going to be in Meridian and Dr. Hasty will be our guest speaker at a Chamber lunch next month Meridian City Council April 5, 2016 Page 14 of 77 and so we are thrilled to be welcoming them having them in our community as we speak. Hagedorn: I appreciate that and, seriously, I did not come here for any accolades. This was -- this is just something great for our -- our community and -- and I'm excited about it and I know all of you are excited about it, too, and I really wanted to thank you for buying into this so quickly so early without knowing all the details. It made a huge difference. It really did. So, thank you for that. De Weerd: Thank you, Senator. Hagedorn: Thank you. De Weerd: So, Senator, before you leave, I just want you to know that there is an exhibit upstairs. We are having a reception and wanted to make sure everyone in our audience knows this as well, but upstairs we are previewing two artists. One is Joyce Akerman and she's got a beautiful display. Opposite is Jessica Tookey and she has named her exhibit The Faces of Suicide. It's a very weighty exhibit. It shows that there is some serious issues behind the smiles and the faces, that it is to bring awareness to suicide and the live s that impacts not just those that are in the pictures, but the -- the families, the friends, the communities that are impacted by it and I would be honored if you had a moment to go up there. The exhibits last until 7:30 this evening and just say thanks to the artists. It is timely, because on Friday on April 8th we will have Do The Right Day. This is our second event. Last year we kicked it off and it's just trying to share and promote a movement of compassion that do something nice to the person on your right. It could be the person seated in the chair on your right. Your neighbor to the right. Your coworker to the right. The locker to your right. And this is something promoted by our Mayor's Youth Advisory Council and the city and it comes at a great time where we have this art exhibit and the reminder of how -- how far a moment of compassion, a nice kind word, will go in improving someone's day and ultimately their life. Hagedorn: Thank you, Madam Mayor. And I think you will be happy to know we have been working -- I have been personally working on our Idaho Suicide Hotline for about four years and we funded it with very little money, but all we could scrape up the first year that we started it and this year we were able to now officially get that under the Department of Health and Welfare, so the Department of Health and Welfare will be able to build a budget in. We have -- Idaho was amongst the worst for suicide amongst our citizens for many years and we have to change that. My interest is not only suicide of the citizens, but veteran suicides and that's how I got the initial money into the suicide hotline was through veterans funding and so we did a lot with the suicide hotline and with suicide prevention in this legislative session and a lot of that will go into effect the first of July, but, hopefully, we will start making a difference in suicide and I appreciate you doing that and I absolutely will go up and visit. Thank you. Meridian City Council April 5, 2016 Page 15 of 77 De Weerd: Well -- and I will say that our youth council two years ago presented the PSA that is being shown across the state on behalf of the Idaho Suicide Prevention Hotline and just letting people know that recognize the signs and make sure you get that person helped. Tell someone. Hagedorn: Yeah. De Weerd: So, thank you for what you do on that, because I know your involvement in it, too. B. Mayor's Office: Mayor's Youth Advisory Council (MY AC) Update De Weerd: Okay. Item 6-B is our Mayor's Youth Advisory Council. We have Brianna here to give you an update of the works of the Mayor's Youth Advisory Council. Siddoway: Thank you, Madam Mayor. So, I will be giving the sixth update of the Meridian Mayor's Youth Advisory Council this school year. So to begin I would like to talk about the executive council trip to the National League of Cities in Washington DC. It was held from March 5th through March 9th and there were nine students who were able to attend. I'd like to list our sponsors just to give them a special thanks. The Village at Meridian. Dutch Bros Coffee. Meridian Medical Arts Charter High School. Papa Murphy's Pizza. CBH Homes. And Northwestern Marketing Concepts. Buckle Up For Bobby. Kirby Graphics LTD Company. Northwest Neural Behavioral Health, LLC. Progressive Realty, Incorporation. Kathy Chambers, a State Farm agent. Venture Meridian Magazine. Mountain West Bank. And Ty Palmer. Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: If I could interrupt you for a second. While my name is on there I appreciate that. I just wanted to point out that I actually -- I used campaign funds and I checked with a few of my donors that had helped me get her e and they were more than excited to help support your cause, so thank you. Siddoway: Yeah. Thank you. De Weerd: Well -- and I would just note that Mr. Palmer did that while we were in Washington DC. He let them know, hey, I want to sponsor you. I have made sure that it's all legit and I can do that and just his excitement and our youth council went out -- they had to earn the money to go to Washington DC. They Meridian City Council April 5, 2016 Page 16 of 77 are still out there working and so if they call on you, make sure you treat them kindly. But we appreciate you stepping up. Siddoway: So, I talked with the members of our executive council and I asked them if they had any thoughts that they might want to share about our trip. A few of them said that they learned different ways to vote an d it was amazing that we were able to have a voice on a national level. We learned many different ways to communicate with our community and be able outreach with them. We had the idea to expand our current schools, instead of building new ones. We also learned more about our American history through the -- the places that we visited and we were able to meet and see national leaders. Some of the historical sites that we visited was the Washington Monument, Lincoln Memorial, the Martin Luther King, Jr., Memorial. World War II Memorial. Korean War Veterans Memorial and the Vietnam Veterans Memorial. I'd just like to add my personal insight on the Vietnam Veterans Memorial. My grand pa served in the war and I had heard a story that he told and I wanted to find the name of the person that he had -- that he had served with who was killed in a plane accident and his name -- you can see in the bottom center, the name Denny C. Johnson was the name and I was able to find his name and send the picture to my gran dpa. So, that was such an amazing experience to be able to do that and be able to see all those people who have served our country to get us where we are today. Some other places that we visited was the National Zoo. The Smithsonian. The Capital, which we had a personalized tour of it. The White House we had a tour of as well. And the Library of Congress. It was so cool being at the Capital, seeing the statues, some the actual -- you know, part of the actual building that was standing years ago and being able to learn more about our government and the -- the creation of it. At the Library of Congress that was another amazing one. The artwork there is beautiful and it was such an amazing, amazing experience. De Weerd: Now, before you move on, how many steps did you take? Siddoway: Oh. Okay. I counted -- well, I had -- I had it on my phone and we took over -- like 20,000 steps a day and the maximum is 10,000 on it and so I was really racking it and take pictures of them every day. So, it was really kind of fun to see. We were walking everywhere in downtown DC and it was so fun. It was awesome. So, to move on, we had Mad City Money. We -- we partnered with CapEd and Ford Movement Training Center where we held the activity. This is an enjoyable way to educate teens on financing that we all need to know in our near future. When we started we had a packet that gave us an occupation, salary. Some had a spouse, a child, student loan, debt -- credit card debt and medical insurance payments. And so our challenge was to stay within a budget and visit these merchants to select items such as housing, education, food, household necessities and clothing, daycare for a child and other wants and needs. We even had our police officer, Officer Gomez, wh o would give us tickets or he -- he would give us like a reward for something good that we did and so Meridian City Council April 5, 2016 Page 17 of 77 that was also fun, you know, something unexpected that happened. At our STAND event -- which stands for Supporting Teens Against Nicotine Dependency, we held this event at The Village Cinema and we gave -- we gave teens in Meridian the opportunity to attend a free showing of Jurassic World. We partnered with The Village at Meridian and the American Lung Association and with this we highlighted the dangers of nicotine and tobacco and vaping and Officer Gomez was our DJ for it, as he is known to do in the past, and we held a dance party and afterwards we had a raffle. The prizes were announced by Officer Gomez at this event. For our participatory budgeting we -- this is a different way to manage our public money and it engages the youth with our government leaders. The Mayor's Youth Advisory Council -- we were able to decide how to spend the part of our public budget. We -- we gathered the ideas. We had 70 total. Then we narrowed it down to 20 finalists and with the help of our general council we -- we decided on the top five. These five are increasing trash and recycle bins. A BMX track in a park. An adult routine obstacle course, focus playground equipment and a tree gym. We -- we incorporated two events -- I'm sorry. We also -- bike checkouts from the library where people would be able to go to the library and rent a bike and, then, bring it back and a Meridian greenbelt, kind of like the Boise one or pathway improvements. So, we will be finalizing our top choice next meeting and we will have that to you. Soon, Hopefully. I will now stand for questions. De Weerd: Thank you, Brianna. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thank you, Brianna, for all you guys. I do have -- I heard a rumor -- Siddoway: Okay. Bird: -- when you were in Washington DC that a young lady -- a little older than you guys -- a young lady had all you guys moaning and groaning about walking so much. Is that true? Siddoway: Well, I mean we did do a lot of walking, but it wasn't necessarily bad, it was just -- you know, we walked from point A to point B and -- Bird: She wanted to go back to the motel first. Siddoway: Yeah. I mean it was -- sometimes we were hungry and we wanted dinner, but we also wanted to go see memorials before it got dark and it was -- it was fun and -- De Weerd: You know he's giving you a hard time. Meridian City Council April 5, 2016 Page 18 of 77 Siddoway: Oh, yes, I know. De Weerd: It goes back to are we there yet. Siddoway: Yeah. No. We asked all at the same time. We were trying to make the most of it, but, you know, one time we walked from, you know, the furthest ends of DC -- it was a long walk, but it was so much fun, you know, being able to connect with each other. It was -- it was a great experience. Bird: You want to stay in shape like that so you can do like she does. Siddoway: Yeah. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Not to put you on the spot. What was your favorite monument and what did you take away from it? Or it doesn't have to be a monument. Anything that you -- Siddoway: Anything that I visited? Oh, my gosh. So hard. I really loved the Washington Monument. That was the first one that we went to and before I had kind of -- before I had gone my friend and I we learned more about the Washington Monument and the creation and the time of it and so that was really cool to be able to go there and I remember how excited we were. I guess that's why it was so fun. I remember how excited we were to see it and it was -- and just being there in person, that was so cool. I also loved the Library of Congress, looking at the -- Thomas Jefferson's library and in the library itself there are 70,000 books and I was -- you know, a fact that I -- I learned. You're also able to go and study there and, like I said before, it's the artwork, it's amazing. It's stupendous that they would be able to do that, you know, I congratulate them for that, you know. It was amazing. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a two part question. It's related to the participatory budgeting that the youth have been working on. Can you talk to me a little bit about what that process has been like for the youth council? Is it a challenge? Has it been rewarding? Something you would consider doing again in the future? Siddoway: Yeah. So, we introduced it to the youth council last year -- with the last school year and we kind of introduced it and say is this is a thing that you Meridian City Council April 5, 2016 Page 19 of 77 would be interested in. We got a lot of input from it, you know, people are saying, yeah, that would be cool to do it. So, this year we really put it into effect and we -- we talked with community leaders and, finally, once we got all the key details that we needed we brought it to the general council and we said you have this amount of money to do whatever you want to do with it to better Meridian and so with it we go those 70 ideas and, you know, that was quite a big outcome and we are so pleased to know that these people -- you know, members, they wanted to make this change and so once we got it in pencil -- lowered the numbers a little bit, combining ideas, you know, that might have been repeated by different people and, then, when we were able to pick the top five from the general council we really knew what Meridian was all about and I -- I feel like that's getting people involved in what we are doing and I know that from the drive that I have seen in MYAC that we -- together we will determine the most appropriate one for our city and I think that we will have a really amazing outcome. Cavener: Madam Mayor, one follow up. Talk to me about the tree gym. I have never heard of this and it -- it sounds interesting. I'm curious as to if it's what I'm envisioning. Siddoway: You still -- I had only heard about, but -- the night that it was selected, so from what I understand it's just kind of in -- it's like a gym for adults, but it -- I -- I don't know how to explain it. It has kind of obstacle courses and things like that for adults to be involved in in kind of a more energetic environment than a gym you could say. Cavener: Great. Siddoway: I could get you more information about it and so -- Cavener: Thank you. I appreciate it. Great presentation. Siddoway: Thank you. De Weerd: Any other questions or comments? Thank you, Bree -- Siddoway: Thank you. De Weerd: -- for being here. Siddoway: Thanks. Item 7: Items Moved From the Consent Agenda De Weerd: Okay. There were no items moved from the Consent Agenda. Meridian City Council April 5, 2016 Page 20 of 77 Item 8: Action Items A. Continued from March 15, 2016 Copperbrook Subdivision (H-2015-0029) by Hayden Homes Idaho, LLC Located 4725 N. McDermott Road 1. Request: Annexation and Zoning of 51.45 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of 199 Building Lots and Eight (8) Common Lots on 51.45 Acres of Land in the R-8 Zoning District De Weerd: So, we will move to Item 8-A, continued from March 15th. I will turn this over to staff for comments. Watters: Thank you, Madam Mayor, Members of the Council. First item before you tonight is a request for annexation and zoning and preliminary plat. This site consists of 51.45 acres of land. It's zoned RUT in Ada County and is located at the southwest corner of West McMillan Road and North McDermott Road at 4725 North McDermott. The Comprehensive Plan future land use map designation is medium density residential. The applicant proposes to annex and zone a total of 51.45 acres of land with an R-8 zoning district for the development of 198 new single family residential detached homes, consistent with the medium density residential future land use map designation for the site. There is an existing home, a shop and two sheds that are proposed to remain on Lot 12, Block 1, along the frontage of this development on McDermott Road. The other existing structures are proposed to be removed. Lot 12 is designated on the plat for future right of way for the construction of State Highway 16. Lot 12 is this lot you see right here where my pointer is at and that is where the existing home and outbuildings are. When the highway is extended all the remaining structures will be removed. Until that time the applicant requests Council approval for the existing home to remain on well and septic and not be required to hook up to city services. The preliminary plat is proposed that consists of 199 building lots and eight common lots on 51.45 acres of land. The subdivision is proposed to develop in nine phases with the last phase being a 300 foot wide lot for the extension of State Highway 16 where the existing home is located. There is an outparcel along McMillan Road. That's what you see this pointing to here. Staff did recommend the applicant include that parcel in the development. However, they have been unable to do so. It is an original parcel of record per our UDC. The applicant is in communication with the property owner and is trying to obtain permission to construct a sidewalk along the frontage of that property. At staff's request the applicant has submitted a conceptual development plan showing how this parcel may integrate into the development in the future as a street buffer along McMillan and three building lots and that is what you see here at the upper right-hand corner. Access is proposed via West McMillan Road, an arterial Meridian City Council April 5, 2016 Page 21 of 77 street, along the north boundary and via North McCrosson Avenue, a collector street, proposed along the west boundary of the site. No stub streets exist to this property and none are proposed to adjacent properties. The applicant requests a waiver to UDC 11-3A-3, which requires all subdivisions to provide local street access to any use that currently takes access from an arterial street. They would like to retain two accesses via McDermott, one for the existing home and that is approximately in this location here and another for secondary access for the subdivision in approximately that location. They would like to retain the two accesses until the redevelopment occurs. The Idaho Transportation Department completed an environmental impact study for the extension of State Highway 16 to I-84. The study identified a north-south road a quarter mile west of McDermott for access to individual parcels that would no longer have direct access to McDermott, as well as an east-west secondary road that would provide access to a potentially landlocked parcel, the Maxwell Goldbach property. ITD's plan here is shown on your left. You can see this kind of faint red line, that is ITD's access plan. Changes to the location of these roads could potentially impact the future construction of the express way and/or increase the cost to taxpayers in order to provide connectivity. The applicant is not showing a road in the location preferred in the study. However, they are proposing an access be provided by the collector street at the half mile. ITD does not object to the proposed alternative access. So, as you can see this is the site here. This is the location of the proposed collector street and the applicant's proposal for access to these parcels there. A draft of a revised plat with updated open space calculations was included in the letter to the city from the applicant, dated March 3rd. A pathway connection was added within the block along the south boundary to the multi-use pathway required along the creek and one building lot was removed from -- adjacent to a large common area, which opened up to the common area and increased the area and that is right here. There was an extra lot hanging right out here. The proposed changes and updated calcs appear to comply with the minimum open space standards. The Five Mile Creek runs off site along the southern boundary of this site. A ten foot wide multi-use pathway is required to be constructed off site along the north side of the creek in accord with the master pathways plan in accord with UDC standards, except for the buffer a long McDermott Road. The applicant proposes to install a five foot wide pathway along McDermott, but construct a street buffer along the future right of way for State Highway 16, instead of along McDermott and that would be in this location right here. Because it is an existing arterial street the UDC required a 25 foot wide buffer to be constructed along McDermott with development. However, code does allow for a request for alternative compliance for a width reduction. A minimum of two site amenities are required to be provided with this development. The multi-use pathway counts as one and the applicant proposes a sand volleyball court at the southwest corner of the site. That is right down here where the pointer is at, within the common area proposed for drainage. Staff is recommending if a volleyball court is provided that it be placed within a common area central to the development and not within the storm drainage area. A portion of this site along the southern boundary lies within the floodplain overlay Meridian City Council April 5, 2016 Page 22 of 77 district and will require floodplain permit application to be submitted prior to development. Staff recommends the applicant construct the ten foot wide pathway off site along the southern boundary of the site as depicted on the pathways plan, which will count towards required amenities for the site. Building elevations were submitted for five different styles of homes within the development as shown. Building materials consist of horizontal lap siding with shake accents and a gable with optional masonry accents on the front elevation. Because the rear or side of homes on lots that face North McCrosson Avenue, West McMillan Road, and the future State Highway 16, collector streets and the state highway and an arterial street will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in the materials, colors, modulation and architectural elements, horizontal and vertical, to break up monotonous wall plains and roof lines. The Commission made a recommendation of denial at the hearing. Casey Ketterling testified in favor. No one testified in opposition or commented and written testimony was received from John Carpenter, the applicant's representative. Key issues discussed by the Commission was the location of the multi-use pathway along the creek versus along McMillan Road. At that time the applicant was proposing the pathway along McMillan. Now they are agreeing to construct it along the creek and, then, extend it up to the north to McMillan, the future intersection . In the second they felt that there was too many outstanding issues to determine at this time what the future extension of State Highway 16 and the existing site conditions with the existing home being retained, the existing accesses, lack of a street buffer along McDermott, several of the existing conditions and proposed requirements for the site. The Commission changed staff recommendation. They recommended denial to City Council based it not being in the best interest of the city at this time for the previously mentioned reasons. Outstanding issue for Council tonight is Council should determine whether or not it's appropriate to annex and approve a development plan for this property at this time with future impacts to this site from the State Highway 16 extension and existing site conditions. Written testimony since the Commission hearing has been received from neighbors, letters in support that are south of this site, south of the creek, from Kenneth Wilcox, Phyllis and Joe Plower, Karma McFadden and for Robert McFadden and Scott Anderson and a letter from John Carpenter and Casey Ketterling and another memo from John Carpenter, the applicant's representative, in response to staff 's original recommended conditions. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you. Council, any questions at this time? Bird: No. I don't have any. De Weerd: Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Meridian City Council April 5, 2016 Page 23 of 77 Ketterling: You bet. Casey Ketterling. 332 North Broadmore Way, Nampa, Idaho. 83687. De Weerd: Thank you. Bird: And after listening to that young -- vibrant young lady that spoke I feel like you would be really disappointed with an engineer. De Weerd: She did have a lot of energy, didn't she? Ketterling: Lot's of energy. Yes. I have a 13 year old daughter. It seemed very similar to what I'm used to at home. Madam Mayor and Members of Council, I would like to express appreciation for the opportunity to speak to you this evening and present our project Copperbrook Subdivision. Before I begin I would like to just give a quick summary of our presentation to team. Get the hang of his board here. Hayden Homes is a well established development company. They have been developing residential communities in the Pacific northwest for more than 25 years and they have over 9,000 residential homes to their credit. Hayden Homes has located their office in the City of Meridian and have completed several developments, including the Village at Cole Creek and the Village at Lochsa Falls. Just a couple photographs of some homes that they have actually constructed in the City of Meridian and I'm an engineer with TO Engineers and John Carpenter is also here with me and has been involved in this project and so he -- there may be questions you have for me that may be a better candidate to answer. We have been working with staff on Copperbrook for some time now and I appreciate the attention to detail that the staff has put into their report, both the written report and their presentation this evening . And with that amount of information already presented, I'm not going to restate all of the basic statistics that were just presented to you and rather just focus on a few project distinctions and some progress that we have made since the Planning and Zoning meeting. As was -- as was stated, our project is located immediately adjacent to Meridian city limits. It's actually directly across the street and west of The Oaks planned community that's already completed several phases of development. Our project is currently included in the city's Comprehensive Plan with a planning and zoning of R-8 and just as a note this project was also included in the sizing of the new regional lift station, which is located across the street and it's also part of the city's water planning and the part of it was used to locate a well near the same location. Planning and Zoning did recommend denial of our application and indicated that t he timing appeared premature and this was based primarily upon questions related to the proposed Highway 16 alignment, so we are going to discuss some of that this evening. The findings from the Planning and Zoning meeting are in your packet and if you'd like you can turn to page 25 of the staff report and we will quickly review a couple of those findings. First related to annexation. The findings A through D under annexation indicates our development is consistent with the city's goals and planning for the Comprehensive Plan, the zoning, public health and safety, and Meridian City Council April 5, 2016 Page 24 of 77 that we don't present any adverse impacts. Finding E reads as follows: The Commission finds annexing this property with an R-8 zoning district is not in the best interest of the city due to there being too many outstanding issues to determine at this time with the future extension of State Highway 16 and the existing site conditions. As far as the preliminary plat findings, Item A, which I have on the screen there, says the Commission finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use and circulation. However, it is not in compliance with ITD's corridor study for the extension of State Highway 16, because a north -south access is not provided at the quarter mile to provide -- provide access to the properties to the south of the creek. Item D through F, once again, indicates our development is consistent with the city's planning and goals. So, as you can see there are really two specific items of concern identified. One was outstanding issues related to the State Highway 16 extension and outparcel and the other was related to the location of the collector street providing access to the southern parcel. So, I plan to address those two items tonight. The first is the Highway 16 alignment. Our project is impacted by ITD's long range planning and the future location of their highway. We have met with ITD and they are in agreement that our project works to respect their planning efforts and preserves the necessary corridor for the future. They recently sent -- sent us a letter and I have highlighted one comment in there. I'd like to read it to you. ITD would like to express our appreciation for the City of Meridian and the developers of the Copperbrook Subdivision for their foresight and willingness to leave a 300 foot setback along the west boundary of their development, which has been identified for the course of the future State Highway 16 alignment, thus helping to avoid un necessary impacts to homeowners when the future State Highway 16 highway is built and saving taxpayer dollars. ACHD expressed agreement with our planning as well in their staff report when they stated the applicant has coordinated and planned for the State Highway 16 extension with the Idaho -- with the Idaho Transportation Department and ACHD. As such the applicant has planned for the future right of way dedication to accommodate the future McMillan Road overpass at State Highway 16. Staff is supportive of the applicant's proactive approach and planning for the future State Highway 16 extension. So, the way that we are meeting agreement with both of these transportation agencies is, essentially, to bear the entire burden of the right of way on our prope rty and we have done this by providing a large lot in our subdivision that would be reserved for this future highway and since the development of ITD's plan, which could be as much as 20 years out, would essentially make it so the 5.7 acres can't be further developed. In the interim we are asking that the existing home be permitted to remain on the property. To assist in the time in between the homeowner has agreed to remove several permanent structures that are located at the north end of the lot at the owners expense and also to move forward with fixed points as was stated by staff. Another item that was identified in the findings was that the proposed location of the collector street of McCross on. ITD's planning identified a potential frontage collecto r road at the quarter mile as shown on this display. However, ACHD is the agency with jurisdiction over local Meridian City Council April 5, 2016 Page 25 of 77 collectors. So, your staff actually tasked our group with signing an agreement on where this roadway should be located. So, we met with both ACHD and ITD actually several times and on March 23rd a meeting was organized with both ACHD, ITD, as well as a representative from the city and the developer were in the room and the meeting was positive and several agreements were made. So, one of them was that ACHD and the city have jurisdiction and that ITD will defer any approval to those agencies. The second is that the half mile spacing for the collector is proposed on our preliminary plat is preferred by ACHD and it's consistent with our master planning. ACHD indicated in their staff report -- and I quote: The applicant's proposal meets district policies and should be approved as proposed. ITD in that same letter I showed earlier stated that ITD concurs with ACHD's recommendation -- recommended location for this local road. Meridian staff requested that we demonstrate that the parcels to the south can obtain access to the new collector. This graphic demonstrates a potential road location that would give access to all of the southern parcels. In an effort to further demonstrate that we have a good plan, we have been able to get written support from all the owners to the south that can be seen on this map. The owners of the hatched property have expressed their support of Copperbrook in writing. We also would like to specifically address the regional pathway, which is located just off our property to the south. We are proposing to locate a ten foot wide multi-use pathway that complies with the city's planning objectives along the Five Mile drain. This property is owned by the Nampa-Meridian Irrigation District and so we needed to request approval from them to be able to locate the path on their property. Nampa-Meridian has agreed to allow us to construct a path within their lot. However, they have indicated in a letter dated March 28th that an additional pedestrian crossing at the quarter mile is not acceptable to them. I'd like to just end with a couple concluding statements. First, we are in agreement with the staff report and we are willing to comply with those conditions. This property is in a planned expansion area of the city. It is in the Comprehensive Plan. It's adjacent to city limits and it's included in the regional planning for utilities. Our layout takes the future ITD alignmen t into consideration. In fact, ITD, as we found out later, expressed their appreciation for our planning efforts. It's a good precedence for the city and for the department to set aside this right of way. Our project is consistent with ACHD's master plan and it will provide for -- and we will also provide for a portion of the new bridge that will cross Five Mile Drain. So, our proposal before you this evening is acceptable to both ACHD and ITD. Our project will develop several pedestrian amenities. We will be constructing sidewalk along our frontage along McMillan Road, an internal pedestrian network, including connections to the regional pathway, which we have talked about internally it's going to serve as a nice loop. We can go on the pathway on the File Mile Drain and then -- and, then, walk through the pathways internal. We will be constructing our portion of the regional pathway along the Five Mile Drain and connecting it up to McMillan Road and, then, there is a large central park for the residents. And, finally, we think there is an important note that the neighboring property owners who will be most impacted by development, the ones to the south, have expressed their support of Copperbrook Subdivision Meridian City Council April 5, 2016 Page 26 of 77 in writing. So, over the last several weeks we -- we have done a lot of work and we have really tried to be diligent to obtain greater clarity on several items and we now have specific statements of concurrence from several agencies, including the Nampa-Meridian Irrigation District, ACHD, and ITD. Additionally, we experienced greater involvement and support from the neighbors. Through this effort we are convinced that our proposal before you this evening is in the best interest of the community and the people that will be most affected by it, those by our development, and respectfully request approval this evening. So, thank you for hearing my proposal and I will stand for any questions you have. De Weerd: Thank you. Council, any questions for the applicant at this time? Bird: I have none. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Thank you, Mr. Ketterling, for your presentation. One question now that you didn't cover and I'm curious if you could maybe talk me through the -- the thought process on the volleyball pit for your amenity. It seems to me you have got a lot of homes that are going to attract a lot of families and according to the school district they anticipate 160 school age children and I'm just -- could you explain to us a little bit why the volleyball pit was selected as the best option for you? Ketterling: You bet. And, actually, have had a lot of discussion about that. I wish I had had more in my presentation about it. We -- staff had expressed that the volleyball pit, where we originally proposed it, may not be the best amenity to provide, which we -- in an effort to work with staff and come up with better alternatives, we have also discussed some picnic areas in the larger central park, which will be connected by sidewalks and, actually, some of those patio homes front to that park and so we talked about providing better amenities and the central park itself. We would just like to discuss the option of the volleyball pit, because we think it would be fun, in a shallow area with all that sand in there. But we are going to provide other amenities as well and not -- not necessarily rely on that to be one of the two. Cavener: Okay. Great. De Weerd: Okay. Anything else at this time? Thank you. Ketterling: Thank you. De Weerd: I did have some individuals that have signed up on the sign-up street. When I call your name -- and I will apologize in advance that I might not Meridian City Council April 5, 2016 Page 27 of 77 say it right. I would ask you to come forward at that time. Kim Schwisow? I'm kind of -- I'm sure like de Weerd, no one ever says de Weerd -- de Weerd, but how do you say your last name? Bird: Schwisow. De Weerd: Thank you. If you will, please, state your name and address for the record. Schwisow: So, for the record it's Kim Schwisow. 6659 Airport Road, Nampa, Idaho. 83687. De Weerd: Thank you. Schwisow: Good evening, Council Members, Madam Mayor. So, I have been working on what I was going to say up here for a couple days and my kids just got finished with spring break. My little guy couldn't sleep Sunday n ight going back to school, so I thought I would practice on him, going over what I was going to say. Fortunately or unfortunately, he fell asleep. So, tonight I'm speaking in support of this development on behalf of the property owners, Lois and Gary Schwisow. They are here tonight. I'm going to provide you with some background information to this property on the owners and reasons for approving this development. Lois and Jerry met at Meridian High and officially purchased this property from Jerry's father in 1975 when they returned from Germany after the end of Jerry's military service. They have farmed, had a dairy farm, and raised five children who all graduated from Meridian High on this property. They have watched three of their grand children graduate from Meridian High and even my kids say they want to go to Meridian High, so I may have to move back to the city so they can do that and not break the tradition. These aren't people you find front and center running events, getting attention, but t hese are people who are behind the scenes, kind if in the background always helping, whether it was helping check kids in at wrestling tournaments, shuttling kids back and forth to the event they needed to get at, or just having a safe place for anyone their kids brought home to have good dinner and a safe place to stay. They collected stray kids like many people collect stray animals. They bowled on a bowling league here in Meridian Lanes for over 35 years and Lois used to shuttle some elderly ladies weekly into the Meridian Bowling Lanes for their weekly senior league. So, this is where the memories of their life have been created and they want to continue to make good memories here. This development will truly be in their backyard for the time being until Highway 16 and so they believe by choosing Hayden Homes they have chosen a good partner that will insure quality development not only for them, but for the city. Hayden has been creating developments throughout the northwest for over 25 years. They are not a cookie cutter developer. They don't develop hundreds of acres of land, they are really selective about where they build, what they build, what they use to build. They want to provide quality and value to their home buyers. They care about the Meridian City Council April 5, 2016 Page 28 of 77 communities they are developing in. In November they gave a 25,000 dollar backyard makeover to a Post Falls veteran. In addition, there is a small portion of their proceeds from every sale of the home, each time it sells that they go into a community fund and it helps the community, it helps other -- build other homes for low income families in the communities that Hayden is developing. They have a community giving fund and that fund has provided funds to the Women and Children's Alliance in Boise. So, Hayden is a really good community partner and the right partner for this development. As Casey talked about, Hayden and the city have spent a lot of time putting together the pieces of this project. We appreciate the time that the staff has spent on this. One of those pieces has been the opposed Highway 16 corridor -- De Weerd: Ma'am, I'm going to have to ask you to summarize. Schwisow: Okay. The city staff -- ACHD, ITD and Hayden have met and have created to a well thought out plan for this development and as you know you approved The Oaks development that's about 252 for the north and 135 on the south. That's just directly across the street. The services are there. So, this area is undergoing a lot of change, which is -- it's reflective of the change that these people also are seeing in their lives. It's kind of time to transition farming into something that is a little bit more usable and maintainable. So, the -- not only is the property going to change, it's going to get cleaned up and tran sitioned from farming and so is their life. De Weerd: Thank you. Council, any questions? We appreciate that. Carmen McFadden signed up in favor. Good evening. If you will, please, state your name and address for the record. McFadden: My name is Carma McFadden. My property is 6750 West Lazy Diamond C Lane and I also represent my father's estate, which is at 6830 West Lazy Diamond C Lane. De Weerd: Thank you. McFadden: So, Madam Mayor and Council, I just want to say that I do believe that that west of there will be developed, so I approve of what Hayden Lake is doing. I think our farming -- which it currently is, is not going to be what's existing, it's turning to development, so we would like to also see our land being able to be developed to that. We have known for years Highway 16 was coming through. It's really restricted what we could do with our land for several years now, so we do know that that is coming. Kind of the only thing that I would ask is -- I am one of those lands that will be landlocked without the quarter mile -- we are showing the quarter mile. That if there would be a way that they could put a stub road to allow for openings for us -- I know it's not going to be a main collector road and I agree that the half mile wil l be fine there, but at least opening Meridian City Council April 5, 2016 Page 29 of 77 something up so that we could use it for access and also for emergency as we potentially could develop our property also on that. De Weerd: Thank you. McFadden: Thank you. De Weerd: I think this is Lenny Nelson. I wasn't even close. Right? Oh. Okay. signed up in favor. Connie Porter. Signed up also in favor. Good evening. Porter: Hi. De Weerd: If you will, please, state your name and address for the record. Porter: Connie Porter. 19630 Friends Road in Greenleaf. De Weerd: Thank you. Porter: Idaho. I am a sister to Carma McFadden. My father Ron McFadden had the property right next to her, so it will be affected, you know, affected by the development. I am in favor of the development. I grew up and I have been on that property off and on since -- for about 59 years. The farming on Schwisow's property -- I mean the land is okay. It's not great farm ground. Obviously, you can see across the road all the subdivisions that's going in. It's kind of sad to see some of the farm ground being turned into subdivisions, but that's just the way it is. Move out to Greenleaf. We have lots of farm ground out there. So, I am in favor. I also am a little concerned about maybe a stub road that we cou ld kind of access. Hopefully we will be marketing my father's estate -- he just passed away this summer and it would be great if we could market it more as a potential development than just a small piece of farm ground, which is going to be stuck without -- when Highway 16 comes -- until they put that half mile road in there, but I am for the subdivision. From what I saw it looks like it's going to be a pretty good -- good plan. My husband has developed subdivisions in the past and this looks very compliant with what you want. Thank you. De Weerd: Thank you. Is there anyone else who would like to provide testimony on this application? McKay: Thank you, Madam Mayor, Members of the Council. I'm Becky McKay with Engineering Solutions. 1029 North Rosario in Meridian. I'm here on the last item, but I have seen this application and I reviewed it and I designed The Oaks development to the east of this project. I want to, obviously, emphasize to the Council that the Highway 16 extension is going to be west of McDermott and as a City Council you guys have the power as far as annexation and rezone in order to make sure that decisions and land uses are not made that will hamper that Highway 16 extension. That overpass for McMillan Road goes west of Meridian City Council April 5, 2016 Page 30 of 77 McDermott. Now, in The Oaks we worked two years with ACHD, with ITD, and we even showed the footprint of additional right of way so that when that overpass starts ramping up there is enough room. This particular project is probably the worst layout I have ever seen before this City Council and as a land use planner -- I mean you asked the question, Councilman Cavener, about amenities. There are no amenities. It's going to be a drainage pond. That's all it's going to be is a big drainage pond. I mean you guys -- when I came through with Bridgetower Mayor Cory was here and he said we want something nice in north Meridian. That's why we are spending all this money to extend sewer and I promised him with Bridgetower I would set the bar and I did and I'm proud of it and we have continued keeping that bar up and we have a pool, clubhouse, tot lots. We are going to do a Western Ada Recreation park. We have a big greenbelt along that Five Mile Corridor, so it is going to be an actual greenbelt, not just sticking the pathway back in Nampa-Meridian's access along the drain. I asked the Council -- unless you set the bar this is what you're going to get and I asked an engineer one night after a Council meeting a few years back -- I said why would you submit such a terrible project and he said as long as the City of Meridian will approve this, I will submit it and I don't want to put any curbs in my street. I'm maximizing. He said if I put curbs in it, then, it would look like your stuff. Well, I'm proud of that and I ask the Council -- this -- they can do better than this. They can do better. Thanks. De Weerd: Okay. Any further testimony? I think before we ask the applicant for any final comments, I would ask -- and I looked through my packet, I couldn't find comment from our police department. I know that -- are we ready to jump McDermott and go further west? Every time we annex another piece of property it comes into your service area and it extends this another quarter, half mile -- I'm not sure what. But have our police and fire departments weighed in on this and -- and I would be interested to hear your thoughts. Leslie: Madam Mayor, City Council, I haven't seen these plans, but typically -- you're absolutely correct. As we annex further away from the core of the city we have to provide those services. So, as the city stretches out, our response times and numbers of officers required to handle those services or calls for services increase. The moment that's annexed into our city we are responsible f or making sure that the protection is provided that. We will do our best to provide that, but, obviously, it's going to take additional resources every time we stretch out further. De Weerd: Okay. Any comments from fire? Jones: Madam Mayor, Members of the Council, I would concur Lieutenant Leslie. Same for fire. This is at the far northwest corner of our district. We have one station that's fairly close to that, but any additional response times are going to be extended from our other core stations. You know, we will, again, do the best we absolutely can, but that's just more ground to travel. Meridian City Council April 5, 2016 Page 31 of 77 De Weerd: Council, any questions before I ask the applicant for any final remarks? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Quick question for Sonya. Am I correct, the closest park to this proposed development would be Heroes at Ten Mile and -- De Weerd: Bainbridge. Cavener: Bainbridge? Okay. De Weerd: Yeah. Which is not too much further. Cavener: Much further. Okay. Thank you. Thank you, Madam Mayor. De Weerd: Okay. Would the applicant like to make final remarks? If you will, please, state your name again for the record. Ketterling: You bet. Casey Ketterling. 332 North Broadmore Way, Nampa, Idaho. De Weerd: Thank you. Ketterling: Really I just wanted to -- wanted to respond to Ms. McKay's comment about the crossing over McDermott and the response is just simply to -- we have -- our traffic engineer has worked with ITD and it's -- it's our understanding that the way we have it set up now would work with the proposed crossing, so I don't have anymore information than that, other than we have worked with ITD on that. Other than that I would just stand for any questions that you might have. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Ketterling: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2015-0029. Meridian City Council April 5, 2016 Page 32 of 77 Milam: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, the Planning and Zoning Commission, according to this, denied it -- the project based on it not being the best -- in the best interest of the city. I know that there have been -- there has been some work since then and -- with ITD, but I agree with them and also with what Becky said. This is another minimal project with crammed in houses and no amenities and I don't think that this is the type of project that we need to -- to allow and we do -- we should set a precedent and start expecting better from our developers. De Weerd: Any other comments from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple of comments. You know, I -- I, for one, I think probably with the rest of this Council, really respects our Planning and Zoning Commission and so when they deny something I really try and take a hard look at it, because they have spent their time taking a look at it. It takes a lot for me to -- to want to overturn their decision. That said, I -- I feel that the developer has done their due diligence on a lot of these issues. They have looked to address some of the concerns that were raised in the Planning and Zoning Commission -- and I -- I applaud you for that. I felt you did a fantastic job of bringing forth a presentation addressing those concerns. And, then, Councilwoman Milam says the comment I knew was coming, which is -- is minimal and that's a -- that's a big word that means a lot of different things for being the word minimal and I have struggled with that, because Councilwoman Milam is correct, there is a lot of -- let's do the bare minimum in north Meridian to get this property developed and I struggle with that. I struggle -- to Councilman Milam's point about -- about the amenities. According to the school district 160 kids are going to be in this deve lopment, with -- with no park, no place to play. These are smaller lots with not as much of a yard. I grew up in an neighborhood like that a long time ago and we had a little patch of dirt that we called a park and I have always said that I wanted our Meridian to be better than that. So, I'm -- I'm torn on this one. I appreciate the developer and the work that they have done, but I have to say that I'm agreeing Meridian City Council April 5, 2016 Page 33 of 77 with Councilwoman Milam, that we are setting a standard and if we are going to annex a piece in, it should be a gold standard for our community. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, probably guess where I'm at. I -- they own the property. What they want to do is legal. What they want to do makes sense. There is nobody around them that objects, except for maybe their competition. I -- I think it makes sense in every way and people going in to buy their property are going to know what's there and what's not there and they will make a choice to buy accordingly and it's up to them to make that decision. They own the property, they want to develop it a certain way, it makes sense, it's legal, I say we let them. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Just a brief response. To a point I don't disagree with you. It is legal. I think the question is does it make sense and I would argue that this particular development done this particular way doesn't make sense to most Meridians. Palmer: Madam Mayor? De Weerd: It's a game of tennis. Mr. Palmer. Palmer: Madam Mayor, it gets really easy to spend other people's money. I mean it would be nice to say, hey, why don't you build this, why don't you build that, but it's their money. It gets to the point where, again, they own it, well, who are we to tell them you got to make is cooler. You got to make it so that other people are going to want to be there, other than the people you're wanting to sell it to. It's up to them. I don't want to spend their money. I'm grateful for them to spend money that they plan to spend. De Weerd: So, Mr. Palmer, you said something a couple of -- sorry. Cavener: Sorry, Madam Mayor. De Weerd: You mentioned a couple of meetings ago that you were looking for homes in north Meridian and there was a reason, because the development you were looking at was a place. It created a sense of place and I think that is what Mrs. McKay was referring to and north Meridian set a different standard and it did in terms of creating a sense of place, that these were not just roof tops, they were neighborhoods where people connected and people were proud to call them homes. The development community in north Meridian did step up and Meridian City Council April 5, 2016 Page 34 of 77 they did give us something different. I agree to a certain regard on -- if it meets our Comprehensive Plan, then, it needs to be considered. This jumps another arterial, which means it stretches further our -- our pressures on our services and I would hope that those are comments in these applications , so that our applicants know the concern, because stretching those services to yet another square mile where this will be the only thing out there, takes away services to our existing residences and I think that that is what this Council needs to weigh, is this worth stretching those services and opening up another square mile where we need to provide those services and I'm not sure we are ready to. I think that in the strategic plan, in some of the exercises this coming year we have to understand the cost of service and the cost of growth and growing sprawl like -- and I hate using that word, because I will take to task anyone that uses it. But here I am. Are we ready to grow on that side with some of the remaining questions that the Planning and Zoning Commission really did raise. There is -- there is no certainty on Highway 16 and where it's going to be located there is no design, there is no funding. Do we really want to wait until it's funded? If it's going to add cost to the public because we are putting something in there that will need to be removed at some other point if we guessed wrong, who pays the cost? We all do. So, I understand their concerns and is it the time to jump McDermott yet? I'm not convinced and certainly not for what is in front of us. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just before I was sworn in I believe the city annexed about 1,200 acres in one swoop. I know it was on our border. That was to -- that was to stop another city from advancing into an area that we wanted to have annexed in our area and that we -- that's been the plan all along. This is in the plan. It's not opening up a whole square mile to the needs of public safety services, it's preparing a section of that quarter -- that mile further their services and I know -- I just -- I think the argument doesn't work because we -- we just annexed a lot more land than this and this is a very small piece compared to that and they are ready to develop and spend money here in Meridian and I think we should let them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let's clarify one thing right on our public safety. Annexing this would make our police department have more. Our fire department already covers this area, because it's rural and they are already pa ying for fire taxes, so -- and a pretty good chunk. So, taking that away -- but in my opinion I'm not ready to jump across there for a development like this. I think for 51 acres, 199 houses, the amenities, is low bar. I mean they are -- I don't -- you can have -- you probably Meridian City Council April 5, 2016 Page 35 of 77 have a lot of mud volleyball out there if you're going to put it down there in the drainage pit. And there are other subdivisions that have done that, but they have had other amenities to go with it. I don't think that -- I kind of agree with the Planning and Zoning. I don't think this is the proper -- proper development as it's shown with the preliminary plat it's got now, with the amenities and stuff that I want to jump across McDermott Road with. So, if we don't have anymore, I will make a motion to -- if we don't have anymore to say. Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we deny H-2015-0029, by the fact that I don't believe that this development is in the concept of what we had wanted in north Meridian area and I don't -- I would like to see it -- let's grow out, instead of from out in. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. l Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea. De Weerd: Okay. Motion passes. Okay. Do we -- that was for the entire one, not just the annexation? Okay. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. B. Final Plat for Southern Highlands Subdivision No. 3 (H- 2016-0032) by Boise Hunter Homes Located West of S. Eagle Road and North of E. Taconic Drive 1. Request: Final Plat Approval Consisting of Forty- Seven (47) Building Lots and Five (5) Common Lots on 19.3 Acres of Land in an R-4 Zoning District De Weerd: Item 8-B is for final plat on H-2016-0032. Will ask for staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a final plat. This site consists of 19.3 acres of land, zoned R-4, and is located west of South Eagle Road and north of East Taconic. The applicant requests approval of a final plat for the third phase of the development of Southern Highlands Subdivision, consisting of 47 building lots and five common area lots. Staff has re viewed the proposed final plat and deems it in substantial compliance with the approved preliminary plat, with a condition that requires a stub street to the east as shown on the approved Meridian City Council April 5, 2016 Page 36 of 77 preliminary plat. This is the approved preliminary plat. If you look at the -- the stub street right here, the applicant is not proposing one in that location any longer and is proposing to provide it at the north end of this phase with the fourth phase of development. Staff is recommending approval with the conditions as written in the staff report and written testimony has been received from Brad Pfannmuller and I will have him talk about his issues with the report. Staff will stand for any questions. De Weerd: Thank you. Council, any questions at this point? Okay. Good evening. If you will, please, state your name and address for the record. Pfannmuller: Good evening. Brad Pfannmuller. Sorry. 1026 North Bridgewater Place in Eagle, Idaho. And it's 83616. De Weerd: Thank you. Pfannmuller: Thank you, Madam Mayor and Council. What -- what we -- we are working with staff on -- and we agree with all conditions, except for one and that is the stub road to the -- to the east. We would like to move it up three lots and the purpose for that is that if we leave it where it's at the future trunk sewer is going to be going through that -- that stub road and we would have a couple cul- de-sacs or temporary turnarounds and what we would really like to do is just move it three -- three lots to the north, connect our subdivision so that it -- it's a nice block of lots I guess you could say that -- that would be coming online and it wouldn't affect the trunk sewer that would be going through in a future phase. I do have -- I do have a handout that I can hand to you t o kind of show where your master plan is for the trunk sewer and -- anyway. Sorry about that. And so all we are proposing is just to move this -- this stub road up three lots and it ties together and we are proposing to build the sidewalk, curb and gutter and also the landscape strip on this future stub -- stub road, so it's not like we are trying to skirt our responsibility of stubbing to the property and, in fact, we actually have this property under -- under -- under contract that -- and you can see where we are going to be bringing in a -- we were calling it right now Southern -- Southern Highlands to the east and we also have Southern Highlands to the south. So, it's not like we are stubbing to somebody else's property, it is -- it is ours. So, again, I just would request that -- that the staff condition of 4-B be -- be stricken and, then, also 5-B, which is just requesting the stub road to be where it was on the original preliminary plat, again, we are just moving it up to the north three -- three lots and I will stand for any questions. De Weerd: Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council April 5, 2016 Page 37 of 77 Cavener: Brad, just one question. I just want to make sure that I'm -- the arrow got moved, so I wanted to make sure I'm seeing things right. The stub street, then, would connect I guess north of Bow Canyon Drive and not right at Bow Canyon Drive? Pfannmuller: True. It would be -- it would be one -- one lot -- one lot north. Cavener: Okay. Thank you. De Weerd: Okay. Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Pfannmuller: Thank you guys very much. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Sonya, do you see any problem with that -- moving it three lots with our sewer going through there? Watters: Madam Mayor, Councilman Bird, no real issues that way. Just keep in mind that if you do approve the relocation of that stub street you won't have any other interconnectivity to the south -- to the west between these -- this and the future development. And it would be kind of an odd offset here. I'm not sure if that -- what ACHD would think about that, but -- Pfannmuller: Madam Mayor and Council, there was always only one stub to the east and it is under our control. We are -- on that one handout that I handed to you it kind of shows the layout of what our future -- what our -- somewhat proposed future layout is going to be for lots and we are going to be bringing it right on back out to Taconic, because that's going to be another entrance and so -- I mean we are -- it's going to definitely be able to connect is -- I guess is what I'm trying to say and ACHD we have talked to them about this and they haven't -- they have had no comment. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, Brad, what you're saying is it's not as weird as what it looks with the -- Meridian City Council April 5, 2016 Page 38 of 77 Pfannmuller: True. Milam: -- it's not a stub street going to nothing, because you have got a whole plan for it on the other side, so on this one side it looks like of weird; right? It's like move it up, it's a random stub street. Pfannmuller: It's not random. It's -- it's all planned for the -- you know, the future trunk sewer and everything, so -- Milam: Okay. Thank you. De Weerd: Glad to hear it's not random. Any other questions? Bird: I have none. De Weerd: Okay. Thank you. Pfannmuller: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0032 and to include staff and applicant comment, which means striking 4-B and making -- moving up the -- the stub street three blocks north. Cavener: Second. De Weerd: Okay. I have a motion and a second to adjust the stub as the applicant testified. If you're all clear what that -- where that really is. Okay. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel 1. Request: Preliminary Plat Approval Consisting of Sixty-Eight (68) Building Lots, Eighteen (18) Meridian City Council April 5, 2016 Page 39 of 77 Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District 2. Request: Modification to the Development Agreement with AZ 14-016 to reflect modified site layout and updated provisions De Weerd: Okay. Item 8-C is a public hearing on H-2015-0037. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for a development agreement modification and a preliminary plat. This site consists of 21.76 acres of land. It's zoned R-4 and it's located off of the south -- excuse me -- northeast corner of South Eagle Road and East Amity Road. A little history on this property. It was previously platted as Lots 1 and 3, Block 1, Martinel Subdivision, in Ada County and recently annexed into the city with an R-4 zoning district with the requirement of a development agreement. There was a concurrent preliminary plat requested for Nesting Swan Ranch Subdivision that was submitted with the annexation, but it was denied by City Council. The Comprehensive Plan future land use map designation is medium density residential. The applicant proposes to resubdivide Lots 1 and 3, Block 1, of Martinel Subdivision to consist of 70 single family residential building lots, including two lots for the existing homes and 18 common area lots on 21.76 acres of land in the R-4 zoning district. The applicant has submitted a phasing plan as shown. It's a little hard to see , those kind of faint lines, but it depicts five phases of development, starting at the north end o f the site. The overall gross density for the subdivision is 3.21 dwelling units per acre, with a net density of 4.25 units per acre. The two existing homes on the site owned by the Allens and the Morgans are proposed to remain on lots in the proposed subdivision. The Allen home is right here where you can see my pointer in the southern portion and, then, the Morgan home is right here in the northern portion. The applicant has submitted a revised plat this afternoon for the southern portion of the site and a revised plat was submitted previously for the northern portion of the site here shown. The revised plat on the southern portion reflects a revised street configuration that provides two stub streets to the loop parcel and shifts the public street along the north boundary of the shared property line with the Taylors, which did run right here where my pointer is. Shifted it to the south. I will just flip back to here real quick. This was the original plat that was submitted with the roadway going along the Taylor property and coming down into a cul-de-sac and this is the revised configuration. The changes do result in one less building lot. The turnaround that meets fire department requirements is required at the end of the stub street to the loop parcel where the street exceeds 150 feet in length and that would be in this approximate location. Access is proposed via South Martinel Avenue currently a private street that is proposed to be converted to a public street via East Amity Road. No access is proposed via Eagle Road. All internal streets are proposed Meridian City Council April 5, 2016 Page 40 of 77 to be public. Two stub streets are proposed to the loop parcel at the southwest corner of the site and one is proposed at the north boundary for future extension and interconnectivity with Shelborne Subdivision and that is this stub street right here where my pointer is at. The pathway is proposed within the common lot at the north boundary of the site where a sewer and water easement is proposed and also at the east boundary of the site for pedestrian access to the future school site to the east. A 25 foot wide street buffer with a detached sidewalk is required along Eagle and Amity Roads, both arterial streets. A minimum of ten percent qualified open space and one site amenity is required t o be provided within the development. Applicant has submitted pictures of sample building elevations for future homes within this development. Building materials consist primarily of stucco with stone accents and horizontal and vertical siding. Because homes on lots that back up to South Eagle and Amity Roads will be highly visible, staff is recommending the rear of structures on lots that face these streets incorporate articulations through changes in materials, color, modulation, and architectural elements, horizontal and vertical, to break up monotonous wall planes and roof lines. The Commission recommended approval of the proposed preliminary plat. Summary of the Commission hearing. Carl Porter testified in favor. No one testified in opposition. Frank Shoemaker and Roger Taylor commented on the application and written testimony was received from Jim Jewett, the applicant. Key issues of public testimony were the desire by Mr. Shoemaker for the lots that back up to his three lots, which are lots 3 through 6, Block 2, on the proposed preliminary plat at the north boundary of the site to be restricted to a single story in height with no bonus rooms. And, then, second concerns by Mr. Taylor -- and, again, Mr. Taylor lives on this parcel right here -- regarding access and safety for the irrigation ditch and that runs right along his property here that will remain open along the rear of Lots 30 through 33, Block 1 -- that's these lots right here -- in a common lot and the desire for Lots 33 through 36 and 38 through 41, Block 1, to be are restricted to a single story in height with no bonus rooms and a desire for a gated access to south Martinel Avenue. Key issues of discussion by the Commission was discussion regarding Mr. Shoemaker and Mr. Taylor's testimony and request. They did make a modification to number -- condition number 1.17 to allow the ditch that runs along the rear of Lots 30 through 33, Block 1, to remain open and to require it to be placed in a common lot within ten foot wide easement for use and maintenance by the adjacent property. The Taylor's. The ditch should be fenced off from the subdivision to prevent access by children. Second, they added a new condition restricting building heights to single story with no bonus rooms on Lots 3 through 6, Block 2, and Lots 33 through 36 and 38 through 41, Block 1, adjacent to Mr. Taylor's property if agreed to by the applicant and they did stress that and wanted the applicant to confirm at the Council meeting tonight if he was in agreement with the requested changes by Mr. Shoemaker and Mr. Taylor. And, then, finally, they added a new condition requiring applicant to provide a gated access to South Martinel Avenue for the Taylor property, again, if agreed to by the applicant to confirm. Outstanding issues for City Council. Confirmation that the applicant agrees to restrict the height of homes to single story with no bonus Meridian City Council April 5, 2016 Page 41 of 77 rooms as requested and for a ten foot easement to be provided to the Taylor property for use and maintenance of the irrigation ditch and a gated access for the Taylor property via South Martinel Avenue as discussed at the Commission hearing. Written testimony has been received since the Commission hearing. A memorandum of understanding between the applicant and the Shoemakers, the Taylors, and the Morgans. The applicant has agreed to restrict homes to the single story in height on Lot 5, Block 2 and a single story -- or single story with bonus room with certain provisions on Lots 3, 4 and 6 , Block 2, adjacent to the Shoemaker property and the applicant agrees to relocate the northern stretch of the ditch located on the Taylor and Morgan properties to completely on the Taylor property and construct a concrete ditch and relocate the Taylor's existing fence to the west side of the relocated ditch. Install a 16 foot wide privacy gate between the Taylor property and Logan Creek Subdivision along East Teramina Street for Taylor's access and, finally, to restrict homes to a single story on Lots 33 through 36 and 38 through 41, Block 1. You should have copies of these signed agreements in your packet for tonight. Staff will stand for any questions Council may have. De Weerd: Thank you. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: Sonya, would you mind telling us what is currently on -- I guess it would be the south corner -- what's nearest the roundabout? I'm really curious about that corner. Right there. Watters: Right here? Madam Mayor, Councilmen -- that is the loop property. There is a single family home there currently. Little Roberts: Thank you. Watters: It is -- just for additional information, it is designated on the Comprehensive Plan for medium density residential uses in the future. It's in the county right now. Little Roberts: Thank you. De Weerd: Okay. Any other questions? Okay. Is the applicant here? Good evening. If you will, please, state your name and address for the record. Jewett: James Jewett. 827 East Riverside Drive, Eagle. 83616. De Weerd: Thank you. Meridian City Council April 5, 2016 Page 42 of 77 Jewett: Sonya did an excellent job of recapping. I will just do a short one. This application originally came in with another applicant as Nesting Swan and it was approved for an R-4, denied for an R-8, and denied on the preliminary plat. We -- it was brought to me sometime after that. We looked at it. Revised the layout. Took away private roads. Took away some of the opposition that the city had, the neighbors had, and we worked with the neighbors on their issues as far as boundary issues, the calculating heights. One of the last remaining issues and the reason for the last change in the layout is the loop property. Recognizing that they may believe it's a hard corner they can use for some commercial use, I recognize that the City Council's plan and the growth plan does not designate that as any type of commercial use. In recognizing it has to develop somehow in concert with ours -- in looking at how that would develop in the future, if I just left just the one stub street there they would have to cul-de-sac, which would be very problematic, their whole property is taken up with a cul -de-sac and they get one or two lots. So, in working with several people, including ACHD, I looked at just doing a complete loop, just not finishing the loop on their property. That's what's fundamentally changing in this last layout and allows them to develop that way. Me, if I can eventually get it purchased. So, that's the change, that's why we were looking at that southern change, just to make sure that that property can develop with the most efficiency in the future, whether it be by me or some other applicant. Our -- our thought process on this subdivision has always been a different nitch than what you have out in south Meridian right now, wh ich is primarily a lot of two story homes, larger families. Ours are going to be primarily exclusively single family homes with some bonus rooms in some locations within the plat. They are going to be almost a hundred percent stucco and stone for lower maintenance. Our clientele will range from the empty nester buying a Ted Mason signature home at 1,700 square feet in the southern, to a Shadow Mountain home in the northern part at 2,200 square foot and above, very similar style, it's just on the photos we provided you. It's -- we are not trying to compete with the two story homes that are in the other subdivisions that are around us, we are trying to fill that void. We also in redoing the Nesting Swan we created a very usable open space where they were using a not usable open space. So, we created the pathways. We created a large space that's usable. We have worked with the neighbors. We have entered into a memorandum of understanding on the ditches, on the single level adjacent to theirs. But, as I said, we are planning on pretty much single level everywhere regardless. I know that the Morgans and the Allens have waited a while from the first developer to try to get this plat through and they are eager to see this project go forward. We are in agreement with all staff comments, with the comments they have made tonight, and I would stand for any questions. De Weerd: Thank you. Council, any questions? Bird: Not at this time. Meridian City Council April 5, 2016 Page 43 of 77 De Weerd: Okay. Thank you. I had a Ryan Kerfoot sign up in favor. Did not want to testify, but thank you. Roger Taylor signed up as neutral . Okay. Thank you. Is there anyone who would like to provide testimony on this item? Council, any questions for staff or the applicant at this time? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Did -- is the qualified open space still an issue? Watters: Madam Mayor, Councilwoman Milam, they have made some revisions to the plat and they appear to comply with the open space. Milam: Thank you. De Weerd: Does the applicant have anything further? Okay. Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: You could have -- you could have changed the name to Empty Nesting Swan. Just saying. That's what we are after; right? Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on H-2015-0037. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing. All in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I will take a shot at this. I think there is a lot -- there is a lot of detail, but I move that we approve H-2015-0037 for Logan Creek, including all applicant and staff comments and note -- and all of the modifications to the DA that are supposed to happen -- happen before -- yeah. Before any permits are issued. Am I missing anything else? Meridian City Council April 5, 2016 Page 44 of 77 Cavener: I would agree with that. I will second it. Milam: Okay. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing for Swindell Subdivision (AZ-15-010 / RZ- 15-011 / PP -15-013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road 1. Request: Annexation and Zoning of 15.07 Acres of Land with a C-C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C-G to the C-C Zoning District 2. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C-C Zoning District De Weerd: Item 8-D is a public hearing on AZ 15-101 and RZ 15-011 and PP 15-013. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next applications before you are a request for annexation and zoning, a rezone and preliminary plat. This site consists of 20 acres of land, zoned RUT in Ada County, and C-G. It's located off of the northwest corner of South Locust Grove Road and East Overland Road. A little history on this property. A narrow sliver of land along the north boundary of this site and the northwest pipeline property at the northeast corner of the site was previously annexed into the city back in 2006. An annexation and zoning and a preliminary plat application for Fig Nut Subdivision was approved for this site in 2008, but has since expired. The Comprehensive Plan future land use map designation is mixed use community. The applicant is requesting approval to annex and zone 15.07 acres of land with a C-C zoning district and rezone .57 of an acre and 5.09 acres of land from the C-G to the C-C zoning district, consistent with the mixed use community designation. A conceptual development plan was not submitted showing how the Meridian City Council April 5, 2016 Page 45 of 77 site is intended to develop, therefore, staff is unable to determine if the proposed development and uses are consistent with the MUC designation. Staff recommends a development agreement is required as a provision of annexation and rezone that requires the agreement to be modified prior to any development occurring on the site to include a conceptual development plan that demonstrates a mix of at least three land use types. For example, commercial, which would consist of retail, restaurant, that type of uses. Office. Residential. Civic, public open space, parks, entertainment venues, etc., with a minimum of 20 percent being residential and conceptual building elevations that are generally consistent in design and incorporate some of the same design elements and construction materials unify the development consistent with the MUC designation. The applicant also requests approval of a preliminary plat, consisting of seven building lots, one common lot and one other lot on 20.03 acres of land in the proposed C-C district and C-G district for Swindell Subdivision. There is an existing home and accessory structures on the site that are proposed to be removed. The Northwest Pipeline facility exists on a lot at the northeast corner of the site and is proposed to remain. Access is proposed via East Bird Dog Lane, an existing private street and a shared right-in, right-out access with the Maverick property via South Locust Grove Road. A new access is proposed via East Overland Road. Local street, South Fig Nut Way and East Bird Dog Drive are proposed for access within the development from the adjacent arterial streets. Because local street access is not available to this property a cross-access ingress-egress easement is required to be granted to adjoining properties. Therefore, staff recommends an access easement is granted to the Maverick property to the east. An access easement is depicted on the p lat to the property to the west, Pack It Up Subdivision. So, they have covered that one. And that is in the -- right in this location here. The Nine Mile Creek exists along the west boundary of the site and has been piped. The UDC requires natural waterways, such as creeks, to remain open as a natural amenity. However, becau se the creek was piped some time ago staff does not want it opened back up. Landscaping is required with the subdivision in accord with UDC standards. A 50 foot wide landscape buffer is required along I-84. A 25 foot wide buffer is required along East Overland and South Locust Grove Roads and a ten foot wide buffer is required along internal local streets. There are several existing trees on this site that if are removed will likely require mitigation. The applicant should coordinate with the city arborist to determine mitigation requirements prior to removal of any trees from the site. The applicant requested alternative compliance to UDC 11-3B-7C3, which requires trees be planted within the street buffers. To not plant trees along the west side of south Fig Nut Way. That would be in this location right here. Due to an irrigation and drainage easement, which does not allow trees. As an alternative the applicant proposes a wider buffer with bushes and vegetation. The director has approved this requ est. Conceptual building elevations were submitted for this subdivision as shown. Construction materials consist of EIFS and stucco, with stone veneer accents. Flat roof, some with varying parapet height and cornices. Others have no variations in profile. Some have modulations in the facade and others don't. Overhead doors are also Meridian City Council April 5, 2016 Page 46 of 77 proposed on a couple of the rear elevations. These elevations are not approved with this application. Conceptual elevations are required to be submitted with a conceptual site plan when a development agreement is modified in the future that incorporates some of the same design elements and materials to unify the development and comply with design standards. The Commission did recommend approval of these applications at the public hearing. Summary of the hearing. Brad Miller, the applicant's representative, testified in favor. No one testified in opposition or commented. Written testimony was received from Brad Miller. There were no key issues of public testimony. One issue discussed by the Commission is if residential uses are an appropriate use for this site. The Commission changed staff's recommendation to modify condition number 2.1.1 in regard to installation was a water main and also modification to condition number 1.1A to not require a residential component of the development. The Council should consider if removing a residential component of a mixed use development is appropriate as requested by the applicant and recommended by the Commission. Staff will stand for any questions Council may have. De Weerd: Any questions for staff at this time? Bird: I have none. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Sonya, can you show us like the -- what's across the street and where the street would come out -- what is it, Fig Nut, compared to what's across the street? Because isn't there an entry out of that subdivision? Watters: Madam Mayor, Council Woman Little Roberts, there is an entry right here, if you can see my pointer, and, then, the entrance to the development is right in here. Little Roberts: Okay. Thank you. De Weerd: Okay. Any other questions at this point? Okay. Would the applicant like to make comment? Should have known reading the -- the names of the streets and -- it's a halfway normal name, though, of the subdivision. Miller: Madam Mayor, Brad Miller, with Van Auker Properties. 3084 East Lanark in Meridian. Yes, they are somewhat normal names. I still have post-traumatic stress disorder from being harangued by Walt Marrow about one of our other subdivision names. I think it was Porky Park. It's not my choosing, it's Mr. Van Auker's choosing and I must state that I'm a little bit nervous here, because Becky is still here and don't want her to say that this the most poorly designed subdivision she's ever seen. I appreciate you taking the time -- although I agree Meridian City Council April 5, 2016 Page 47 of 77 with her comments. Thank you for taking the time. This is the former Robertson Kennel parcel. It surrounds the -- the Maverick there. And we have owned it for over 15 years and we have decided it's probably time to put it in production. It's kind of odd in that we have the Northwest Pipeline property there and we had to incorporate that into the plat, because of a goofy lot line adjustment that occurred years ago. So, we have accommodated them and accommodated the city. So, everything should be in good shape after this. We agree with the staff comments and there is only a few items, which Sonya touched on. Number one is we would ask that the residential requirement be waived. We just don't see that residential is compatible in that area right up against the freeway and I don't know how we would incorporate it into there. The second item is that cross-access easement for the Maverick. The issue with that is the Maverick functions fine the way it is and I understand the city code, but by having a cross-access easement for the Maverick across an office property or something like that, you could really create a lot of problems for that property by the ingress and egress that comes it and out of that store and people zooming in and out of there. So, we would ask that that condition be waived as well. I notice that item number three in my letter I miss-wrote that. It should be Section 2.1.1 and Sonya has already addressed that and I think we have that one worked out. The only other thing that we ask for is that the landscape buffers be installed at the time of lot development. With the commercial type development it's -- if you have the landscaping in you end up tearing it up and chewing it up, because we usually take asphalt right up to where the landscape is going to be. So, we would ask that that be waived, so we don't have to reinstall the landscaping twice. With a resid ential subdivision it's a little bit different, because you're putting in a lawn and things like that up against the landscape buffer, but in commercial it's a little bit different. Anyway, my final item is -- there was a discrepancy on the -- on the plat where it stated that we had vinyl fence planned for the north boundary and that's just the existing fence that's there, which is a barbed wire fence. I'd stand for any questions. De Weerd: Council, any questions? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, you want to wait on the landscape buffer until construction begins -- development begins, is that what you said? Miller: Correct. Yeah. What we would do is as we develop each lot and build on each lot, then, we would put the landscape buffer in at that time and that's the way -- for example, to the east of R.C. Willey, the Siam Subdivision, which we own, that's -- that's what we have done there. Every subdivision we have done in Meridian we have done that way and we ask that that be the case with this Meridian City Council April 5, 2016 Page 48 of 77 subdivision as well. We only do industrial and commercial subdivisions. Mostly industrial. No residential. Milam: What is your time frame? Miller: Our anticipation is we would like to put the roads in this year and as soon as those roads go in I would imagine that activity will pick up. We have a number of people who are interested in having us build projects there. What we typically do is -- we are build and hold guys. We don't typically sell off lots , although on this one, because it's commercial, we may sell some lots off. So, typically we build out a subdivision -- you know, industrial subdivision or commercial subdivision and, then, we own it and manage it and develop it ourselves. So, that's our intent. Milam: Thanks. Miller: Thank you. De Weerd: Okay. Any further questions? Thank you. Miller: Thank you. Appreciate it. De Weerd: Is there any member of the public who would like to testify on this? Becky? Okay. Council, any further information needed from staff or applicant? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on AZ 15 -0010, RZ 15-0011 and PP 15-013. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve AZ 15-010, RZ 15-011 and PP 15-013 and include all staff and applicant comments. Meridian City Council April 5, 2016 Page 49 of 77 Cavener: Second. De Weerd: I have a motion and a second. Discussion from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: In clarification -- and the -- the -- De Weerd: Residential. Bird: No. No residential and also on the buffering and the landscaping as per building code, like they have been doing all their subdivisions. De Weerd: Don't mumble. Say that right into the microphone. Bird: I did. De Weerd: Well, I saw Dean over there. He's going to make it up. Any further conversation? Discussion? Milam: The easement. De Weerd: Did you discuss the easement? Bird: No easement through Maverick. I think we discussed the -- was the applicant's deal. No easement at Maverick, no. We don't ne ed that traffic going in there. De Weerd: Okay. Any -- did second agree? Cavener: Second agrees. De Weerd: Convincing. Okay. Anything further from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Public Hearing for Fall Creek Meadows Subdivision (H- 2016-0009) by Bear Creek West Development, LLC Meridian City Council April 5, 2016 Page 50 of 77 Located South of W. Overland Road on East Side of S. Linder Road 1. Request: Annexation and Zoning of 13.17 Acre of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Ninety-Five (95) Building Lots and Ten (10) Common Lots on 33.54 Acres of Land in a Proposed R-8 Zoning District 3. Request: Development Agreement Modification to Incorporate the Surplus Property Purchased from the School District (Parcel #S1224244410) into the Existing DA for Bear Creek West Subdivision (Instrument #106151232) De Weerd: Okay. Item 8-E is a public hearing for H-2016-0009. I will open the public hearing with staff comments. Beach: Good evening, Mayor, Members of the Council. We will get there. I apologize. So, this is an application for annexation and zoning, preliminary plat, and a development agreement modification. This specific site consists of 33.54 acres of land, which is zoned R-8 and RUT, located south of west Overland Road and east of South Linder Road, as you can see on the vicinity map. The Comprehensive Plan future land use map for the property is medium density residential. The applicant proposes to annex and zone 13.17 acres of land with an R-8 zoning district. So, as you see here on the vicinity map this -- this parcel is what we are proposing to annex, which is consistent with the goals and policies of the Comprehensive Plan and the medium density residential designation for this site. The applicant also proposes a preliminary plat consisting of 95 single family residential building lots and ten common lots on the 33.54 acres of land in the proposed and current R-8 zoning district. A modification to an existing development agreement and he's also requested to incorporate the surplus property purchased from the school district into the existing development agreement for Fall Creek Meadows Subdivision. This is the parcel that -- kind of a little bit on the preliminary plat there that's being proposed to be added to the development agreement. Staff has reviewed the proposed plat for compliance with the applicable standards listed in the UDC and found that they comply with those standards. The lots range in size between 8,700 square feet and 22,514 square feet, with an average lot size of 10,730 square feet and the proposed plat exceeds the minimum lot size requirements for the R-8 zoning district. The subdivision will take access from West Kodiak Drive, which is here, if you can see my pointer. The two proposed access roads, South Grayling Avenue and South Sockeye Avenue -- because the Victory middle school is under construction, slated to open in the fall of 2016, staff believes that Meridian City Council April 5, 2016 Page 51 of 77 the applicant should construct the remaining portion of West Kodiak Drive. Prior to submitting a final plat the applicant has agreed to do so. One stub street is depicted to the north for future extension and interconnectivity. South Brooktrout Way is proposed to stub to a reserve strip, which is not currently annexed into the city and will likely remain that way for some time, unless the parcel is included in this plat or with the development of the adjacent property to the north. The applicant has indicated they have tried to contact the current property owner and at the time of the planning commission meeting an agreement had not been reached between both parties to incorporate the parcel into the boundary of the project and if left unannexed this property will more than likely be undevelopable due to the size and shape of the parcel. This is a -- kind of zoom in of that parcel. At the widest point the property is 30 feet wide there on the east side and the applicant's plat stubs a road to that reserve strip in its current configuration may -- may not be able to be developed based on this as a separate property owner. So, staff has suggested the following remedies to that situation. The inclusion of that reserve strip in the proposed annexation and preliminary plat boundary and with the South Brooktrout Avenue stubbing to the south boundary of that north parcel, stubbing to the south boundary of this parcel here. Because the UDC, as I said, does not allow for that or the applicant shall move the location of South Brooktrout Avenue away from the reserve strip and provide an additional stub street to the north and with a maximum block length of 1,000 feet. The proposed landscaping, open space, and amenities meet the requirements of the UDC. Coleman Homes plans to construct their Woodland and Countryside collections of homes within the proposed development. Architectural styles will include American Craftsman, Cottage, Prairie and Pacific Northwest. Written testimony since the Commission hearing -- we did not receive any. The Commission recommended approval with conditions. Summary of the Commission public hearing. Becky McKay and Denny Johnson were in favor. There was none in opposition. Mr. Denny Johnson, who is the property owner to the north here, commented. Written testimony received by Becky McKay, the applicant. I was the staff member presenting. Bill Parsons also commented on the application. Key issues of public testimony were the continued supply of irrigation water from an existing ditch to irrigate the property that have rights to use that water and if my understanding is correct the -- this property contains that -- that part of the ditch is contained in this property. Fencing material, size and potential for a berm of some sort for privacy for the properties to the north. I believe the neighbor indicated that he would like to see a fence or a berm on this side to adequately screen his property. The potential to provide a stub street to the adjacent property to the north for future development. Key issues of discussion by the Commission were maintenance of the irrigation ditch and who would be responsible for that. Location of the stub street that will stub to a reserve strip or piece of property that is not developable. Potential locations of that stub street to the north. Potential of adjacent property owner s to purchase the reserve strip and include it as part of that property -- as part of their property. Excuse me. The Commission changed Condition 1.1.1C from prior to Commission the applicant was -- staff had required the applicant provide some Meridian City Council April 5, 2016 Page 52 of 77 changes prior to Commission hearing and the Commission -- I will read that to you. The change from prior to Commission hearing the applicant shall submit a revised plat showing one of those two options that I read, the Commission changed it to prior to approval of the final plat the applicant provide either a new location for the stub street or include that reserve strip in their parcel. Did not -- I don't have any outstanding issues for Council and with that I will stand for any questions you have on the application. Bird: Council, any questions for staff? Hearing none -- applicant? McKay: Thank you, Members of the Council. Becky McKay. Business address 1029 North Rosario in Meridian. I apologize tonight, I have frozen shoulder, so I can't be responsible for what I may or may not say. I'm medicated. But not impaired. Medicated, but not impaired. I'm representing the applicant Coleman Homes on this particular piece of property that's before you this evening. We are annexing 13.17 acres. As Josh had indicated -- there we go. Here is an aerial photo. The 13.17 acres are right here. Oh, it is draw -- you little -- Beach: Give me just a second here. McKay: Okay. Sorry. Technical difficulties. I hope the clock is not running. Beach: Try that. McKay: I won't be up here long. Okay. Beach: How is that? McKay: There we go. Okay. Hold on. Oh, it won't. Anyway, the -- the property that's being annexed was part of the property that was purchased by the school district. This particular project was initially back in 2005 called Bear Creek. Prior to my submittal to the city in '05 the school district indicated they needed a middle school out in this south Meridian area and so they purchased almost close to 40 acres -- or I think 30 some acres adjoining the future Kodiak collector and along Stoddard Road just across from Bear Creek Park, which I did as part of Bear Creek and the school district has since modified their footprint for the middle school and they don't need as much land as they did when they purchased this back in 2005. So, they put this 13 acres up for public auction and they did not receive any bids on the property. So, then, the school district, Dr. Gestron, contacted my client Coleman Homes, who had purchased Fall Creek back in 2012 from a bank after it had gone into foreclosure and we had redesigned it and bought it back through the city for new approvals in 2012 and he contacted my client and said would you be interested in purchasing this from the school district. So, my client did pay the value that the school district asked on the property, since it kind of appeared that he was only the lot -- you know, the only logical buyer since he surrounded it. So , when I met with the staff about Meridian City Council April 5, 2016 Page 53 of 77 the 13 acres and annexing it, the staff told me that it would be -- this was what we had approved back in -- oh, you. Back in 2000 and -- 2012. So, that did not include the 13 acres. So, it's located -- the 13 acres is located right to the east of it. So, the staff said it was their desire that we include in the annexation 33.5 acres of -- in this preliminary plat, because since we were revising that plat they wanted us to replat everything north of Kodiak, between Linder and the new Victory middle school. So, this is the plat that's before you. It's on the 33 acres. It's 95 single family lots. Let me switch it -- that kind of gives you an idea. So, what we -- what we have included is the school district portion -- oh. It's giving me fits. As staff indicated, there was sliver parcel that was right here. That was created by a surveyor a long time ago. Not -- was never a part of Bear Creek West, owned by Greg Johnson and Craig Groves. It was through no fault of any of my clients, it was just a faux pas of the surveyor and he left this little sliver. The only thing that's in the sliver is a ditch. So, the staff said, you know, we would like to clean that up and since it's like, I don't know, .3 acres, but the Ada County assessor has zero value on it. We contacted the owne r of the property. The original owner was a doctor. He passed away. The property went into his trust and his son controls it and I asked his son -- or Shari asked his son if he would be interested in quitclaiming that sliver to us or agreeing to at leas t have it annexed and allow a public street and your sewer and water to cross it and he said absolutely not. Not unless somebody is going to pay me for it and they are going to pay me a lot. And we told him, well, you know, the property has zero value according to the Ada County assessor. It has a ditch on it. So, therefore, really, the property is -- has no value and we would just like to clean it up and Meridian has asked us to do this and he was totally uncooperative. We asked him, well, if you want to sell it could you give us a price. He said, well, I'm going to have to think about it. So, I told the staff -- and in my application we can't get him to -- to cooperate. Now, the property to the north of us that will benefit from your sewer, your water, your stub street, is Denny Johnson. Denny Johnson spoke in favor of our project and he wants the stub street at that location and that's why when we were approved in 2012 and we had it in that locat ion and -- and that approval is still valid, because we are still platting those phases and Denny believes that he can -- since he knew the doctor very well, he can contact the son and maybe the son will deed it to him, so that it's part of his property, not deeding it to a developer and, then, the issue will be null and void and he thinks he can accomplish that, he just said he needed time to do so. So, on the sliver parcel we did agree that, okay, if that can't be resolved we will move that stub street to the west, even that's not -- even though that's not what Denny Johnson wants, but -- but we will do so. I can't annex it, I can't zone it into Meridian, because we don't own it and so I can't have a condition that reads inclusion in this -- of this parcel in the annexation and preliminary plat shall be completed -- I mean that's not an option for me, because I have already made application for annexation and preliminary plat and I can't come back through the process for the sliver. So, I need 1.1.1 revised at least to a minimum that -- that -- I just can't have it say what it says. Now, as far as the square footage, in the original Bear Creek West -- or Fall Creek project, these lots were about 6,000 to 12,000 Meridian City Council April 5, 2016 Page 54 of 77 square feet. We took out 15 lots and made all the lots larger. Now, what you're looking at before you this evening is 8,700 square feet to 22,000 square feet. So, we have got an average lot size of 10,700 square feet. So, these are nice, big lots. I did include a micropath -- oh. A micropath to the east, which matches the micropath as shown on the school district site plan that their architect prepared and was approved by the City of Meridian. To the north I added another micropath and, then, since we were in design of the subdivision to the north called Sagewood, I moved -- I put a micropath in that project, so those kids to the north will come through here and be able to come down detached walks, we have an eight foot landscape strip and to go into the middle school, so they won't have to be bused all the way around the horn. What you're looking at here has 11 percent open space. We have a central pocket park that's going to have playground equipment for the kids. We have built our pool and changing rooms and playground in our central open space in the Fall Creek and the project just to the south of Kodiak. I'm going to have a nice landscape buffer. As -- as the traffic goes down Kodiak it varies from 20 to 60 feet. So, it's going to feel nice and open and, then, our central amenities are located directly on the south of it, so it's going to have a nice feel. We also put a micropath out to that southwest corner and -- right -- located there and we will be constructing a ten foot, multi- use pathway all along the south side of Kodiak with our phase four that we are getting ready to roll in design and build the rest of Kodiak. So, hopefully, Kodiak will coincide connecting to Linder with the opening of Victory middle. So, they won't just have to rely -- put all their traffic on Stoddard. That multi-use pathway that's part of your parks plan will also go north up Linder. So, we are going to create a lot of pedestrian linkage to that middle school, safe route to schools. I know that's important, and, like I said, we agree to all the conditions. I just need a change in the wording that I cannot include that parcel as part of my annexation and preliminary plat. But we will agree if that sliver cannot be resolved, that we will move that stub street to the west, so those utilities and that public street connection can extend north, because tho se properties do need a street connection, because they all front on Overland. Thank you for your time. I appreciate your indulgence when I spoke earlier. Like I said, you know, I'm proud of Meridian, I have done a lot of projects in Meridian and 24 -- after 24 years I'm kind of like Mayor de Weerd, I'm a little bit passionate and I get a little bit emotional. So, thank you very much. De Weerd: I never get emotional. McKay: Oh, now, I think I saw emotion the other day. De Weerd: Council, any questions for Becky? Bird: I have none. McKay: Thank you. Meridian City Council April 5, 2016 Page 55 of 77 De Weerd: Thank you. Okay. Is there anyone who would like to testify on this item? Okay. Council, any questions for staff or the applicant? Bird: I have none. De Weerd: What, you weren't going to criticize the lack of imagination or the plat or -- Bird: Well, I thought I better be nice to her. De Weerd: Gosh. What's -- I thought I would at least have someone, you know, spoof you anyway. So, if there is no further comment, I would entertain a motion to close the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we close the public hearing on Fall Creek Meadows Subdivision, H-2016-0009. Bird: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Mrs. Milam. Milam: I move that we approve H-2016-0009 with all staff and applicant comments and removing the side parcel that they don't own -- I forget what it's called. Surplus property -- Bird: Sliver. Milam: -- sliver. Yeah. Removing the sliver. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council April 5, 2016 Page 56 of 77 MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 16-1130: Appointment of Spencer Meinburg to the Meridian Parks and Recreation Commission De Weerd: 9-A is a resolution. Council, in front of you is Resolution No. 16-1130 for the appointment of Spencer Meinburg to the Meridian Parks and Recreation Commission. I think the first notable -- and you do have his information in your packet, but he just sat through an entire City Council meeting. So, if he was not dedicated and you question that, I think you just saw. Bird: And if you knew how antsy and fired up this kid gets, you would wonder -- I wondered how he was sitting in that seat that long. De Weerd: So, Council, in front of you is a request for confirmation for the appointment of Spencer Meinburg and I would entertain any questions. Do you want to approve this? Little Roberts: Oh. Sorry. Of course. De Weerd: Okay. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I am honored to recommend that we approve the resolution for the appointment of Spencer Meinburg to the Meridian Parks and Recreation Commission. Cavener: Second. De Weerd: I have a motion and a second to approve the appointment in front of you. All those -- oh, I'm sorry. All those in favor I will let you answer to Madam Clerk there. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council April 5, 2016 Page 57 of 77 De Weerd: And, Spencer, would you like to say anything to the Council? You can come up here. Meinburg: This mike? De Weerd: Yes. Meinburg: Thank you, Madam Mayor and City Council Members. It's an honor and privilege to be appointed to this position, so thank you for allowing me to step into this roll and I look forward to serving the great City of Meridian. So, thank you. De Weerd: Well, I'm actually -- you have been serving the great City of Meridian in a different capacity, but we do look forward to your involvement on our parks and recreation commission and that you bring your passion and your energy to this group. Meinburg: Yeah. Thank you. De Weerd: And thanks again for sitting through our meeting. Meinburg: Yeah. And you told me I would be at the top of the agenda and, then, three hours later I'm -- De Weerd: Oh, no. Well, I confess I wasn't at the agenda setting and usually my appointments are, so I apologize. Meinburg: No worries. Bird: Blame it on the attorney. De Weerd: Yes. It's his fault. Thank you for being here and, like I said, we do look forward to having your passion and your great ideas and your involvement on our Commission. Meinburg: Yeah. I do, I look forward to it. Thank you. De Weerd: Thank you. And I will just add, we expect great things on the Dairy Days parade. Just saying. B. Police Department: Budget Amendment for Eight (8) Cradlepoint Devices for Patrol Vehicles for the Not-to- Exceed Amount of $27,500.00 De Weerd: Okay. Item 9-B is under our police department and I will turn this over to Lieutenant Leslie. Meridian City Council April 5, 2016 Page 58 of 77 Leslie: Madam Mayor, thank you. Members of the Council. So, this project actually came on behalf of IT. This last year we purchased some new motion tablets for the police cars and in doing so IT was able to save us a considerable amount of money on that purchase and it was under the quote that they initially had and, then, David Tiede and I sat down and talked about the transition to the cradlepoint system. So, the cradlepoint is something the fire department has used for quite some time and what it does is it takes the communication mechanisms in our vehicles from the device itself to the car. So, currently our computers have the Gobi chip or the Verizon card in it that allows the vehicle to communicate with our -- our computer aided dispatching system dispatch, that type of stuff. The cradlepoint moves it to the car technology, which is actually more efficient and it allows us as we replace the devices in the car to use a device that doesn't have an onboard Gobi chip, that type of stuff. So, it's more efficient. We have eight cars that we want to replace, so we are going to move the 27,500 from an existing budget into our replacement -- or computer equipment purchasing line item, so that we can make the transition of the five new cars that we just purchased, we a re going to put that equipment in, so we don't just do it again later on in the year and, then, we have three cars that have old technology that are not working very well and require a lot of attention by IT. So, this budget amendment will not only make the cars more efficient, but it will save some time for our IT staff having to come out and keep those vehicles online. So, with that I would stand for any questions. De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Jamie, we are in the midst of budget season right now. Can you explain to me why we are needing to do this now, as opposed to going through the regular budget cycle? Leslie: Yes, sir. So, the -- currently the cars we purchased last year -- Cavener: Uh-huh. Leslie: -- the six replacement vehicles -- there is five and, then, the one that came in front of you last year are actually in the build process. So, using this money now while those cars are stripped down and now being built makes more economical sense to put them together now, instead of waiting until the next year, if that makes any sense. Cavener: It does. Thanks for the clarification. Meridian City Council April 5, 2016 Page 59 of 77 De Weerd: Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, Jamie, as I heard you say, just for clarification, that it's moving money that's already budgeted for another portion of your department -- Leslie: It is. Palmer: -- into this, not new money; right? Leslie: Correct, sir. Palmer: Awesome. Thanks. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the budget amendment for eight cradlepoint devices for patrol vehicles for the not to exceed amount of 27,500 dollars. Little Roberts: Second. De Weerd: I have a motion and a second to approve the request in front of you. Council, any questions or discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Human Resources: Merit Costs for the FY2017 Budget De Weerd: Item 9-C is under our Human Resources Department and we have both Crystal Ritchie here and Todd Lavoie. They are -- they are a tag team and after having an opportunity to talk with each of the Council Members, it became I think important to have some topics discussed prior to the budget workshop as we prepare for those and so these two have devised a plan, a scheme, and are in front of you today to share information and thank you both for being here and Todd has been under the weather, so this is great seeing you. That's good. Why don't you go sit in the front row. Meridian City Council April 5, 2016 Page 60 of 77 Ritchie: So, Madam Mayor, Members of the Council, thank you so much for having us here this evening. We are going to be bringing forward to you several topics in April that we wanted to review and tonight we are going to focus on our budget presentation. So, for tonight we are going to share some information w ith you regarding our April presentation. Our city's compensation plan, the city's compensation policies, the facts from our compensation plan, our salary administrative guidelines. FY-17, initial projects that Todd and I have been working on, the projected costs associated with those projections and, then, we are going to wrap up and provide you some action reminders and, then, of course, we will stand for questions. So, the information that we are going to be sharing with you during the next month, but specifically tonight -- it is a lot of information. The topics that we are bringing forward to you do have a lot of budgetary impacts. We are bringing this information forward to you sooner, rather than later, to give you an opportunity to process the i nformation that we are communicating to you and, then, Todd and I are going to come back at the end of the month for your guidance and direction. So, in regards to the FY-7 -- or, excuse me, FY-17 budgetary impact projections, tonight we are going to talk to you about our compensation plan. On the 12th of April we will come back and discuss with you our healthcare benefits. On April 19th we are going to come back and Todd is going to discuss with you the allowable three percent property tax projections. So, for these first three meetings, again, it's informational only. We are not looking for any decisions, but we will be back on the 26th for our guidance and direction. So, tonight let's talk about the comp plan. So, our city's compensation plan was developed in FY-13. It was communicated to Council and approved by the Council in the summer of 2013 and, then, implemented it in 2014 and communicated it to our city staff. The compensation committee consisted of our external consultants, Bill Nary from our legal department, myself, Tom Barry, our Public Works director, Stacy Kilchenmann, Council Member David Zaremba and, of course, Mayor Tammy de Weerd. So, the purpose of our compensation committee was to design a compensation plan that is employee focused, predictable, standardized for budgetary reasons and implementation purposes. By doing so it better positioned us to be better at forecasting and planning the budget as we move forward. These plan guidelines also do incorporate market adjustment analysis on a two to three year rotation and currently we are on track. So, our city's compensation policy is SOP 3.4.2. The purpose of our compensation policy is to insure that as a city our compensation program is periodically reviewed. The policy -- or the overview itself is that Human Resources partners with the Finance Department to review the comp program for effectiveness and budgetary compliance. The program will be updated as needed to meet internal equity and external competitive and subjectives and the city has three pay plans currently -- or pay schedules currently today. We have one focused on Fire for our represented employees, the police pay plan, and our general employee population. So, for the -- for the police pay scale and our general employee pay scale, this was a commitment that was made to review both of those programs every two to three years . Both Meridian City Council April 5, 2016 Page 61 of 77 of those programs were reviewed two years ago. One of the things we need to consider is being mindful of the rotation or the cycle that we look at these things or these programs. We should consider a staggered, but yet a consistent schedule when looking at these things. One of the things to keep in mind is if we review them every two years we should consider the possibility of a phased approach and spreading that out, for example, half one year and half the other. There are pros and cons to each -- each rotation cycle and we need to be mindful when we look at that. So, it is very important that we review the compensation program, that we do make adjustments as needed and by doing so this will insure that the city has the ability to attract and retain qualified applicants and also remain market competitive. So, the compensation plan, here are the factors that feed into that. So, it is employee focused. It's fair and competitive. It's fiscally responsible. It provides budgetary predictabilty and it gives us the ability to attract and retain top talent. We have an additional policy that supports our compensation program and compensation policy and that policy is our performance increases to salary. So, the City of Meridian has been a pay for performance organization for at least 12 years, maybe longer. That policy is policy number 3.4.3. The purpose of our performance increase to salary policy is to identify a manner in which all of our employees may receive wage increases based on their performance. As an overview the city has established a pay for performance compensation program for all nonrepresentative employees. Each year the Mayor and you, the Council, may approve percentages for pay increases, if any, to be made available to employees. Those merit increases are based on the outcome of their individual performance appraisals or performance reviews. Every year HR offers performance management training to both supervisors, managers and our employee population. In addition to that, HR does review all performance appraisals that come in on an annual basis and we look at that to insure that the appropriate and proper justifications are in the evaluation to support or justify the rating. Our increases here at the city are earned by our employees. They are not just given by management. So, to support and wrap all of that up the city does have a compensation -- excuse me -- a pay philosophy. The City of Meridian does desire to be an employer of choice, both in the public and the private sectors. To do so we need to pay our employees fairly and competitively as possible to attract and retain high performing employees. In addition to that, our pay philosophy, which is based on merit increases primarily, can be and is augmented as determined with market adjustments. So, the City of Meridian is a premier city. To be a premier city we need the best employees, to attract and retain the best employees we must pay competitively within our markets and we reward high performance employees and their results. We need the best employees and we believe that we have those employees here at the city. So, talk a little bit about merit increases, but we often get asked how does this work. So, very high level, the manager completes an annual performance evaluation and they determine the overall performance rating for each of their employees and you can see there the listing of the different rating options that we offer with our program. The performance evaluation and all of the associated people work is, then, forwarded to Human Meridian City Council April 5, 2016 Page 62 of 77 Resources for processing. HR does review each of the evaluations, as I mentioned earlier, to insure that the appropriate justifications are included in the performance review. We obtain that overall performance rating. We take a look at where that specific employee's salary is in their salary range and, then, we use our matrix to calculate a consistent and fair merit increase. So, let's take a look at what that looks like. So, here is an example. On the right-hand side of your screen, I think, or the left-hand, you have Joe and Joe has received his overall performance rating and he received a fully competent. So, that's great. Way to go, Joe. His current pay is at $14.50 per -- or, excuse me, 40 cents per hour. We take a look at his position salary range, which is the salary range assigned to his position and you will see here for the example provided that we h ave identified at the minimum it's $13.56 per hour, all the way up to the maximum of $20.18. So, we take that information and we apply it to the matrix you have in front of you. So, again, we take that $15.40, which is where Joe is currently today. We look to see where that falls in his assigned position salary range. We have identified that he is -- that pay range is within the market minimum for his range and, then, we apply it to the matrix. So, we locate the market range he is in. We identify the performance rating he received. He would receive a merit adjustment of two percent. So, in order to have a fair and consistent process, we also have salary administration guidelines that were developed through the compensation program. These guidelines do support our compensation policy. They do insure that we maintain the competitiveness and appropriateness and integrity and consistency of the application of the program itself. The guidelines address setting employee salaries and jobs, whether it's new to the city, movement within the city, et cetera. The method of revising the pay structure. And also how to manage employee movement through the ranges. These guidelines help us in Human Resources make the appropriate and consistent decisions regarding how salary is administered. So, today we are bringing forward to you what we are going to consider a placeholder for FY-17. These are our initial projections. So, what we are bringing forward for you to consider is a two to four percent place holder. We will come back to you with a more formal recommendation as information becomes available, but we could come back and ask for a whole merit increase only or we could come back and ask you for a market and merit combination. It's a little too early for u s at this time to pull local and state data. That's generally made available to us in May and June. National data is generally available to us in June. The data that we look at are market surveys, salary surveys, comparative data, economic indicators, e t cetera. So, at HR we are going to continue to monitor and provide formal recommendations for FY-17 budget as the date becomes available for your consideration. Lavoie: Well, thank you, Crystal. Good evening, Madam Mayor, Members of the Council. Sorry about the bad voice here. As Crystal stated, this presentation here is to inform you and this slide here is to -- is intended to give you a general overview of what a percentage increase to the overall city personnel wages would look like if we applied a two percent to four percent increase and could see them staggered left to right. Apologize. As you can see, if we applied a three Meridian City Council April 5, 2016 Page 63 of 77 percent merit or market adjustment, you can see that the total bottom line at the very bottom would be around the 673,000 dollars, taking into consideration this also includes the fire department contract discussions that are still in negotiation. I did include fire union adjustments as well, but, again, I understand those are separate, but I just included them here as inf ormational purposes only. This document does not include the police step plan adjustments that are going to be presented to you on a different day, but that does not include this, so this includes all your general employees, not including police STEP plan -- the police STEP plan, but it does -- thank you. But it does include your Fire union wages at the moment. So, again, this is an informational document. We are available to you between now and the 26th to answer any questions, but it gives you a general overview of what a percentage increase to our overall wages will be for the city if we went a certain direction on a percentage. Ritchie: So, just as a reminder the information that we have given to you today is for informational purposes only. It's for you to review, think about. Todd and I will be back in front of you on April 26th. On that date we will be seeking guidance and direction and just, please, keep in mind that the -- all FY-17 budgetary recommendations can be updated and/or changed up to July 20th. We want to thank you and we will stand for questions. De Weerd: Thank you, Crystal. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have got one request, Crystal. When you come back -- De Weerd: If you can pull -- Bird: When you come back the 26th would you come back with a turnover percentage for each department? Ritchie: Okay. Bird: See what kind of turnover we have. And I don't want -- I don't want -- like parks, I don't want the part-time summer help and that stuff included in it, like we did one year to make it look good. Ritchie: Okay. Bird: So, I don't -- De Weerd: To make it look good? Meridian City Council April 5, 2016 Page 64 of 77 Bird: Well, make it look -- Ritchie: Madam Mayor, Mr. Bird, yes, we would be happy to bring you back that information. Bird: Thank you, Crystal. Cavener: Madam Mayor? Ritchie: Oh. I'm sorry. Madam Mayor? Mr. Bird, what kind of time frame would you be wanting for that turnover information? Bird: Last calendar year. Ritchie: Last calendar year? Bird: Yes. Ritchie: Thank you. De Weerd: Calendar or budget? Bird: Calendar. De Weerd: Okay. Bird: That's the best one. They can run it. De Weerd: Okay. Other questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Comment and a question. Appreciate guys doing this. I think this is probably beneficial for the new Council members, the more established Council member, and us in the middle. So, thank you for kind of getting ahead of this. Can you provide me some explanation about how HR and the city functions related to -- let's say, for instance, I'm a -- I'm a supervisor and I -- I rate my employees very hard and Councilman Milam is much more pleasant than I and so she rates her employees in a higher fashion. So, an employee at work reports to me -- if he or she were to report to Councilman Milam they might be rated higher. How does -- how does HR look at that to insure that there is fairness regardless of the department that the employee is in? Meridian City Council April 5, 2016 Page 65 of 77 Ritchie: Madam Mayor, Mr. Cavener, it's a great question. There is a couple of different factors that the -- that we deal with. One is we do provide the annual training to our managers, to our supervisors, to insure that they fully understand the program, that they fully understand the performance evaluation process, that they have clear understanding of how those ratings work and how they are clearly defined, so that we can work towards a consistency from department to department or manager to manager. In addition to that, HR also reviewed each of the performance evaluations and how they are written up and how they are documented to insure that the examples that are provided for the justifications that are provided fall under the rating definitions and, then, of course, we make ourselves available to speak to and assist any -- any manager or supervisor while they are working through the process. Cavener: Okay. Thank you. Ritchie: Uh-huh. You're welcome. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'm still kind of stuck on how come Joe gets a merit raise. Based on your chart, I mean I understand why he might get a market adjustment raise, but he's like competent. I mean you're able to do your job -- good, you get to keep your job. I mean I don't see how that would be a merit situation. Sorry. Ritchie: No. That's perfectly fine. Madam Mayor, Ms. Milam, the merit matrix that we put together we did take that as a consideration as the compensation committee pulled together -- excuse me -- the compensation plan and a matrix for -- for merit increases and we do want to recognize those individuals who provide a fully competent performance throughout the year, in addition to keeping their job and maintaining that to reward them for that as well. However, if you look at the matrix -- and I can go back -- and I do have a handout to give to you when we are finished. Depending on where an employee is placed within their salary range it will determine whether or not their performance increase is lower in the pool or if it's higher in the pool. So, the higher you are, excuse me, in your range the lower your percentage increase may be, because you are performing and you are working and you are maintaining as you move through the progra m or that pay plan. Thank you. Milam: It just seems that you would be -- it would really -- to get a merit adjustment, which is a pay for performance -- Ritchie: Uh-huh. Milam: -- that you would be at least at a -- higher than average performance Meridian City Council April 5, 2016 Page 66 of 77 and -- Ritchie: In the years that we -- excuse me, Madam Mayor, Ms. Milam. In the years that we don't offer a merit increase it does allow the opportunity for growth in their -- in their salary range, so that they can, if they are not already getting to that market area, that we have identified as where the city would like to be, so that we do remain competitive and we don't lose good employees either, because they go elsewhere for an increase. So, it recognizes that and helps us have the ability to retain them as well. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: As soon as -- yeah, as soon as you brought that up I started running the numbers in my head and calculating it out and I guess you pretty much just said what I'm about to say, that he -- fully competent means he's doing exactly the job that we hired him to do and so it's only 30 cents in Joe's example, so if it takes 30 cents an hour to keep Joe around, so we don't have to pay extra money to retrain somebody when he's doing exactly what we hired him to do, no better, no worse, but exactly what we hired him to do, I think it's worth 30 cents not to have to pay to retrain somebody else that might do a little better. Ritchie: I would absolutely agree with that. Way to go, Joe. The cost and investment to hire -- to recruit, hire, attract another employee, bring them on board, get them the six months of their probationary period to get them acclimated to their job to do processes here at the City of Meridian, there is a huge investment there that we would lose if our employees were to leave, so -- Milam: Madam Mayor. See -- and I'm comfortable giving Joe the raise, but as a market adjustment. Ritchie: Well noted. Milam: Anyway. Thank you, Crystal. Ritchie: You're welcome. De Weerd: Any further questions from Council? Okay. If you have any other questions that you think of , the whole idea behind having the conversations on the compensation plan on next week on the benefits and the following week on the three percent, is to give you an opportunity to mull them over, to fully vet them, have an opportunity to ask questions and -- so when we come back you can give feedback to the direction you're looking at and, again, we have the compensation plan that if it looks like you want to consider policy changes and reconvene a work group to look at it, that will -- we will roll that out for -- for next Meridian City Council April 5, 2016 Page 67 of 77 year and just, please, feel free to ask either Todd or Crystal whatever questions you have. Thank you. Ritchie: Thank you. Item 10: Ordinances and Other Items A. Ordinance No. 16-1677: An Ordinance of the City of Meridian Granting the Rezone of 0.669 acres of Land known as Verona East Subdivision (RZ 15-004) From the L-O (Limited Office) Zoning District to R-8 (Medium Density Residential) Zoning District in the Meridian City Code. The Property is a Parcel of Land Being all of Lot 12, Block 10 and a Portion of North Cortona Way, as Shown on that Certain Plat entitled “Verona Subdivision No. 2”, According to the Official Plat Thereof Recorded March 4, 2005, in Book 91 of Plats and Page 10743, Records of Ada County, Idaho; and Providing an Effective Date De Weerd: Okay. Council, Item 10-A is Ordinance 16-1677. Madam Clerk, will you, please, read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1677, an ordinance RZ 15-004, Verona East Sub for the rezone of a parcel of land being all of Lot 12, Block 10, and a portion of north Cort ona Way, as shown on that certain plat entitled Verona Subdivision No. 2 according to the official plat thereof, recorded March 4th, 2005, in Book 91 of Plats and page 10743 records of Ada County, Idaho. Establishing and determining the land use zoning classification of L-O, limited office zoning district, to R-8, medium density residential zoning district in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this title read by -- this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. I'm not going to ask this each time. Just raise your hand after the reading if you want to hear it. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Meridian City Council April 5, 2016 Page 68 of 77 Milam: Seeing none, I move that we approve Ordinance No. 16-1677 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 16-1678: An Ordinance of the City of Meridian Amending Title 1, Chapter 8, Section 1, Meridian City Code, Appointments by the Mayor; Providing a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 10-B is Ordinance 16-1678. Madam Clerk, will you read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1678, an ordinance amending Title 1, Chapter 8, Section 1, Meridian City Code, appointments by the Mayor, providing for a wavier of the reading rules and providing an effective date. Nary: Madam Mayor? Excuse me. De Weerd: Mr. Nary. Nary: Do you need me to explain this on the record, since we hadn't previously discussed it? De Weerd: Yes. Nary: Okay. Madam Mayor, Members of the Council, so what this ordinance does -- we have a section in the city code regarding appointed positions. This eliminates the Human Resources Department director from an appointed position. This changes the title of the information services to support services director position and it moves the chief financial officer and city treasurer into a code section related to the Idaho Code. So, it's really just a cleanup ordinance, but that's what it does. Meridian City Council April 5, 2016 Page 69 of 77 De Weerd: So, Council, three years ago we consolidated two departments of the clerk and the information -- or the IT. In doing so it really showed how this consolidation and putting it under a single point improved communication, improved the flow of the information that was requested from the public. It had a higher oversight and it added a strategic focus that sometimes it gets lost in our busy lean departments that built in greater accountability and as I looked at that moving forward when we had our HR director return to the private sector and Suzanne, our interim CFO position, I looked at consolidating those departments as well under that single point of contact. In essence, this will not only save salary or save a budget with the reorganization, but it gives a stronger strategic oversight. It provides for better communication and it streamlines policy and eliminates the potential of redundancies in the four different divisi ons. I think that as we reorganize, that this is in front of you, because most of these -- and many of these are appointed positions and so those appointed positions would also need the -- your action in terms of not just the -- the reorganization, but the people that would go in there. And I know there was a point I was going to make and I just lost it, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 16-1678 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea. De Weerd: All ayes. Okay. The ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. C. Ordinance No. 16-1679: An Ordinance of the City of Meridian Repealing Title 1, Chapter 8F, Sections 1 and 2, City Human Resources Department Director; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 10-C is ordinance 16-1679. Madam Clerk, will you read this by title. Meridian City Council April 5, 2016 Page 70 of 77 Holman: City of Meridian Ordinance No. 16-1679, an ordinance repealing Title 1, Chapter 8-F, Sections 1 and 2, Meridian City Code, City Human Resources Department Director, providing for a waiver of the reading rules and providing an effective date. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve Ordinance No. 16-1679 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance No. 16-1680: An Ordinance of the City of Meridian Amending Title 1, Chapter 8B, Sections 1-2, Meridian City Code, City Treasurer to Chief Financial Officer/City Treasurer and Repealing Title 1, Chapter 8E, Sections 1-2; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Item 10-D is 16-1680. Madam Clerk, will you, please, read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1680, an ordinance amending Title 1, Chapter 8 -B, Sections 1 and 2, Meridian City Code, City Treasurer to Chief Financial Officer, City Treasurer and repealing Title 1, Chapter 8-E, Sections 1 and 2, providing for a waiver of the reading rules and providing an effective date. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 16-1680 with suspension of rules. Meridian City Council April 5, 2016 Page 71 of 77 Milam: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, nay; Palmer, nay; Little Roberts, yea. De Weerd: Okay. Ayes have it. MOTION CARRIED: THREE AYES. TWO NAYS. ONE ABSENT. E. Ordinance No. 16-1681: An Ordinance Adding Title 1, Chapter 8E, Sections 1-2, Meridian City Code, Support Services Director; Providing For a Waiver Of The Reading Rules; And Providing An Effective Date De Weerd: Item 10-E is Ordinance 16-1681. Madam Clerk, will you, please, read this by title. Holman: City of Meridian Ordinance No. 16-1681, an ordinance adding Title 1, Chapter 8-E, Sections 1 and 2, Meridian City Code, Support Services Director. Providing for a waiver of the reading rules and providing an effective date. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1681 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-E. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, nay; Palmer, yea; Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. F. Appointment of Todd Lavoie as Chief Financial Officer/City Treasurer of the City of Meridian De Weerd: Item 10-F. Council, I am -- I am very pleased and honored to ask for your approval of the appointment of Tom -- Tom. Meridian City Council April 5, 2016 Page 72 of 77 Bird: Holy cow. Cavener: No. De Weerd: Oh, yeah. His name was Todd. Todd Lavoie. Todd has served as the interim, but he has been with the -- the city for nine years I believe and he has served us well. He has -- in the short time that he has served as interim he has shown leadership. He has built the confidence of his staff and I'm very honored to ask you for your confirmation of my appointment to Todd Lavoie as our permanent CFO/City Treasurer. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It's with my great honor that I move we approve the appointment of Todd Lavoie as Chief Financial Officer/City Treasurer for the City of Meridian. Milam: Second. De Weerd: I have a motion and a second. Any discussion? Okay. Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Congratulations, Tom. MOTION CARRIED: FIVE AYES. ONE ABSENT. Milam: Speech. Do you have a slide show? Lavoie: Yes. Fifteen slides. Bird: How many? Lavoie: Only 15 tonight. Bird: You're not Tom, then. Lavoie: Good point. Well, Madam Mayor, good evening. Members of the Council. First I would like to thank you very much for this opportunity to serve as the chief financial officer of the City of Meridian. The trust and respect that you have provided me will not be taken lightly. I, along with the rest of the finance department, will continue to take pride in what we do for the City of Meridian, for Meridian City Council April 5, 2016 Page 73 of 77 the City Council, for the citizens and for the fellow staff members and also for you, Mayor. We will continue the tradition that was promoted by ou r previous CFO by leading the city in a positive direction with all financial decisions. The citizens voted you to lead in a sound and prudent way and I will continue to uphold that direction with all finances and the Finance Department will do the same. I am proud to say that the citizens could be well assured that the city finances will be managed in an professional manner due to the outstanding staff that you, the Council, have provided them in the finance department. So, in closing I want to thank you again, Mayor. I want to thank you Members of the Council. I want to thank the Department of Finance. I know you're watching on the internet. I want to thank our fellow staff members and, then, also I want to thank my beautiful wife behind me. Oh, there she is. For all the support, all the trust and all the encouragement that you have provided me in giving me this opportunity and one final note to our friend Luke, just ordered some nice big shoes -- just ordered them and we will look good my friend. Cavener: All right. Lavoie: So, again, I just want to say thank you very much for the opportunity. De Weerd: Thank you, Todd. Very proud to have you on board. G. Appointment of Jaycee Holman as Support Services Director of the City of Meridian De Weerd: Item 10-G is the appointment of Jaycee Holman as service -- support services director of the City of Meridian. Council, it's been a great honor to serve with Jaycee in the various roles that she has held for -- with our city from the utility services or otherwise known as MUBS director, to the city clerk to our Information Services director and now to support services director. Jaycee has -- has been able to -- to really organize and put in order almost everything that she has touched and I say almost, because I think there is always room to stretch and grow and I'd hate for her to have a big head. It is an honor to serve with her. She adds great discussion and leadership to our senior leadership team and I believe that she is going to take these four important divisions and departments and -- and bring them to the next level in achieving the -- the strategic goal in streamlining our policies and -- and bringing you efficiencies that I know you will applaud her and her team on. She's got a dream team and I am very honored to bring her appointment to you as support services director. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: It gives me a great deal of pleasure to make the appointment with the kid, Jaycee Holman, as Support Services director for the City of Meridian. Meridian City Council April 5, 2016 Page 74 of 77 Milam: Second. De Weerd: I have a motion and a second. Any discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, if -- in our talking about doing this I said on multiple occasions that if I knew Jaycee was never going to die and never going to retire, I'm a hundred percent on board all day long. Knowing that will not be the case, you know, I voted against a couple of these. I feel that the head of the finance -- the head of the money and the head of the records need to have a straight line, nobody in between to the Mayor. I have complete confidence in the people that we are putting into these positions, just looking long term. I'm sure we will probably be in a situation with future people that will hold these positions, I know we are in a good spot with the ones that we do have. So, I have absolute faith in Jaycee, just do me a favor, don't ever die and don't ever retire and we are good. De Weerd: So, moved. I'm sorry. Any -- Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Holman: Madam Mayor, Members of the Council, first of all, I would like to thank you very much for giving me this opportunity. When I started with the city very close to 11 years ago my daughter was in kindergarten. As a utility billing manager -- I used to bring her to work with me at night and put her to sleep on the floor until 1:00 or 2:00 in the morning. So, now that same daughter -- I'm starting to look at colleges with her. So, as she has grown and the city has grown, I appreciate the opportunity to allow me to grow with the city and to promote from within and allow me to continue to challenge myself and stretch myself. When I started in 2005 I never would have dreamed that this is where I would be and I hope to continue always to provide an example and raise a really strong young woman who -- who knows she can do anything. So, on that note, Bailey, I know you're watching, from home. Thank you for logging in. I love you. And go do your homework. H. Amended onto the agenda: Appointment of Jacy Jones as City Clerk of the City of Meridian Meridian City Council April 5, 2016 Page 75 of 77 De Weerd: Thank you. Item 10-H is appointment of Jacy Jones as City Clerk of the City of Meridian. Jacy Jones is also an employee that's proved herself over and over and over again -- it wasn't too long ago that Jacy stood in front of you and -- and shared the accomplishments of her team and the efficiencies that they have found in her commitment to continue to find those efficiencies and -- and to make sure that those costs are passed onto our citizens and I know that you all applauded those efforts. She has -- has been under the direction of Jacy Holman, but she has stood in her own right as a real asset to the city and it gives me great honor and privilege to recommend her appointment as City Clerk for the City of Meridian. I would entertain any questions. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the appointment of Jacy Jones as City Clerk for the City of Meridian. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 10-H. Madam Clerk, will you call roll. Cavener: Madam Mayor, comment -- De Weerd: I'm sorry. Cavener: -- before the vote, if possible. De Weerd: Yes. Cavener: Earlier tonight Crystal and Todd presented some information about our budget and there was a line in there about attracting and retaining the best employees and, then, afterwards she said -- and we have them. And I think that the three appointments that you have brought tonight are not the exception to that, they are the rule. We have amazing employees in every department in our city and it's been great to see these three appoints tonight. So, I am -- thank you, Mayor, for bringing forth three great appointments. I'm looking forward to voting. De Weerd: Thank you. Madam Clerk. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Meridian City Council April 5, 2016 Page 76 of 77 MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: If you would like to make comment. Jones: Madam Mayor, Members of the Council, I appreciate this opportunity. I am grateful for the trust that you have placed in me and just the faith that you have that we will continue to do good work. I have members of my team watching -- I can't ever do this. I have members of my team watching and we just -- I am blessed to be able to work with the type of people I do every day and I cry at every single one of these. I apologize. But I love Meridian and I love what we are building and I will continue to do good work and I'm excited to be able to serve Meridian in this new capacity. So, thank you for your faith and I'm sincerely grateful for the opportunity. Thank you. De Weerd: Thank you. So, I just want to make one last comment. One of these positions that is not an appointment, so you don't have it on your agenda tonight, but I am very -- so, I thought I was going to get through this whole thing without getting emotional. Thanks a lot, Jacy. And Jaycee. Well -- and Todd kept it dry. But when I mentioned that this is a dream team, the last piece of -- or not the last piece, there are two other pieces to this. One is in our HR. Crystal Ritchie has stepped in, has been the interim since December and she has really proven herself. She has shown her organization, her attention to detail. I think that -- that Jaycee Holman has really gotten a strong team of people not only committed to the city, but committed to delivering quality service and results to the departments they serve, to the City Council they serve, and to the citizens they serve and that's very important to me. Crystal Ritchie is going to be our HR manager and I am thrilled that she can finally move forward and assemble the -- the remaining gap in her team and so thank you, Crystal, for everything that you have done and one of those people that is not here tonight is Dave Tiede, that part of this reorganization of reclass is putting Dave as our chief information officer or CIO and he will take the lead of our IT department. Dave has tremendous talent and -- and just excitement for what he can do in this -- this new roll. It's -- it's long deserved. It's the first time we have officially recognized the lead in our IT department under this important title and I know he 's joining an amazing team to again make sure those support services to our departments, to our citizens are -- are quality and exactly what our elected leaders expect. So, my congratulations to Dave and my heartfelt thanks to the leadership he has played as the co-lead in that department and now as the one that will lead it. So, excited. Item 11: Future Meeting Topics De Weerd: Council, under Item 11, any agenda items for future meetings? Okay. That ends this lengthy agenda. I would entertain a motion to adjourn. Bird: So moved. Meridian City Council April 5, 2016 Page 77 of 77 Milam: Second. De Weerd: All in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: _____________________________________ JACY JONES, CITY CLERK Meridian City Council April 5, 2016 Page 77 of 77 Milam: Second. De Weerd: All in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:39 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) -- Ll MAYOR DE WEERD DATE APPROVED _aP-IED AUGV� ATTEST: eQ" v—_ 2 01y of N*-- JACY JONES, CITY CLERK IDAHO s� SEAL djr��'olthe x # a Item #8A: Copperbrook Subdivision (H-2015.0029) Application(s): ➢ Annexation & Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 51.45 acres of land, is currently zoned R-8, and is located at the SWC of W. McMillan Road & N. McDermott Road at 4725 N. McDermott Road. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant proposes to annex & zone a total of 51.45 acres of land with an R-8 zoning district for the development of 198 new single-family detached homes consistent with the MDR FLUM designation for this site. There is an existing home, a shop & 2 sheds that are proposed to remain on Lot 12, Block 1 along the frontage of this development on McDermott Road; the other existing structures are proposed to be removed. Lot 12 is designated on the plat for future ROW for the construction of SH -16. When the highway is extended, all of the remaining structures will be removed. Until that time, the applicant requests Council approval for the existing home to remain on well & septic and not be required to hook up to City services. A preliminary plat is proposed consisting of 199 building lots and 8 common lots on 51.45 acres for a gross density of 4.3 d.u./acre (excluding the lot for the existing home). The subdivision is proposed to develop in 9 phases with the last phase being a 300 feet wide lot for the extension of SH -16 where the existing home is located. There is an out -parcel along McMillan Rd. staff recommended the applicant include in the development; however, they have been unable to do so. The applicant is in communication with the property owner's representative & is trying to obtain permission to construct a sidewalk along the frontage of the property. At staff's request, the applicant has submitted a concept plan showing how this parcel may integrate into the development in the future as a street buffer along McMillan & 3 building lots. Access is proposed via W. McMillan Road, an arterial street along the north boundary and via N. McCrosson Avenue, a collector street proposed along the west boundary of the site. No stub streets exist to this property and none are proposed to adjacent properties. The applicant requests a waiver to UDC 11.3A-3, which requires all subdivisions to provide local street access to any use that currently takes access from an arterial street; they would like to retain two accesses via McDermott Road - one for the existing home and one for secondary emergency access to the development — all others are proposed to be removed. The Idaho Transportation Dept. completed an Environmental Impact Study for the extension of SH -16 to 1-84. The study identified a north/south road % mile west of McDermott for access to individual parcels that would no longer have direct access via McDermott, as well as an east/west secondary road that would provide access to a potentially landlocked parcel (Maxwell/Goldbach property). Changes to the location of these roads could potentially impact the future construction of the expressway and/or increase the cost to taxpayers in order to provide connectivity. The applicant is not showing a road in the location preferred in the study; they are proposing access be provided via the collector street at the half mile. ITD does not object to the proposed alternative access. A draft of a revised plat with updated open space calculations was included in the letter to the City from the applicant on March 3rd. A pathway connection was added within the block along the south boundary to the multi -use pathway along the creek & one building lot was removed from adjacent to the large common area which opened up the common area & increased the area. The proposed changes & updated calc's appear to comply with minimum open space standards. The Five Mile Creek runs off-site along the south boundary of the site. A 10' wide multi -use pathway is required to be constructed off- site along the north side of the creek and extended north through the development within the future street buffer for SH -16 to McMillan Road. Street buffers are proposed in accord with UDC standards, except for the buffer along McDermott Road. The applicant proposes to install a 5' wide pathway along McDermott but construct the street buffer along the future ROW for SH -16 instead of along McDermott. Because it's an existing arterial street, the UDC requires a 25' wide buffer to be constructed along McDermott with development; however, does allow for requests for alternative compliance for a width reduction. A minimum of 2 site amenities are required to be provided for this development. The multi -use pathway counts as one and the applicant proposes a sand volleyball court at the SWC of the site within the common area proposed for drainage; staff recommends if a volleyball court is provided that it be placed within a common area central to the development. A portion of this site along the southern boundary lies within the floodplain overlay district and will require a floodplain permit application to be submitted prior to development. The Pathways Master Plan depicts a regional pathway along the north side of the creek. Staff recommends the applicant construct a 10' wide multi -use pathway off-site along the southern boundary of the site along the creek as depicted in the Pathways Plan which will count toward the required amenities for this site. Building elevations were submitted for 5 different styles of homes within the development as shown. Building materials consist of horizontal lap siding with shake accents in the gables with optional masonry accents on the front elevation. Because the rear or side of homes on lots that face N. McCrosson Avenue, W. McMillan Road and future SH -16, collector streets and a state highway, will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Denial Summary of Commission Public Hearing: i. In favor: Casey Ketterling ii. In opposition: None iii. Commenting: None iv. Written testimony: John Carpenter Key Issue(s) of Discussion by Commission: i. Location of the multi -use pathway (along the creek vs. McMillan Road); ii. Too many outstanding issues to determine at this time with the future extension of SH -16 & existing site conditions; Commission Change(s) to Staff Recommendation: i. The Commission recommended denial of this project to Council based on it not being in the best interest of the City at this time. Outstanding Issue(s) for City Council: i. The Council should determine whether or not it's appropriate to annex and approve a development plan for this property at this time with the future impacts to this site from the SH -16 extension and existing site conditions. Written Testimony since Commission Hearing: Letters of support were received from Kenneth Goldbach; Phyllis & Gerald Flower, Carma McFadden & for Robert McFadden, and Scott Anderson — all neighbors to the south; and a letter from John Carpenter & Kasey Ketterlin and another memo from John Carpenter, Applicant's Representatives in response to staffs original recommended conditions. Notes: Possible Motions: Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0029, as recommended by the Commission and presented at the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0029, as presented at the hearing on April 5, 2016: (Add any proposed modifications to conditions) Continuance I move to continue File Number H-2015-0029 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #813: Southern Highlands Subdivision No. 3 (H-2016-0032) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 19.3 acres of land, zoned R-4, located west of S. Eagle Road & north of E. Taconic Drive. Summary of Request: The applicant requests approval of a final plat for the 31d phase of development of Southern Highlands Subdivision consisting of 47 building lots and 5 common area lots. Staff has reviewed the proposed final plat and deems it in substantial compliance with the approved preliminary plat with a condition requiring a stub street to the east as shown on the approved preliminary plat. Staff Recommendation: Approval w/the conditions in the staff report Written Testimony: Brad Pfannmuller Staff's response to applicant's comments; • In regard to condition #4 requiring a stub street to the east, the applicant states the stub street is still proposed but is now proposed to be shifted further to the north adjacent to Lot 15, Block 4 within Phase 4; staff would prefer it stay in the approved location. • Condition #4a which requires a recorded instrument number to be added in Note #12 for a sewer easement needs to be revised to state the note (#12) should be removed as there is no easement. Notes: Item #8C: Logan Creek (H-2015.0037) Application(s): ➢ Development Agreement Modification ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 21.76 acres of land, zoned R-4, located off the SEC of S. Eagle Road and E. Amity Road. History: This property was previously platted as Lots 1 & 3, Block 1, Martinel Subdivision in Ada County and recently annexed into the City with an R-4 zoning district with the requirement of a development agreement, A preliminary plat for Nesting Swan Ranch Subdivision was submitted concurrently with the annexation application but was denied by Council. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant proposes a re -subdivision of Lots 1 & 3, Block 1, Martinel Subdivision to consist of 70 SFR building lots (including 2 lots for existing homes) & 18 common lots on 21.76 acres of land in the R-4 zoning district. The applicant submitted a phasing plan, which depicts 5 phases of development starting at the north end of the site. The overall gross density for the subdivision is 3.21 d.u./acre with a net density of 4.25 d.u./acre. The 2 existing homes on the site owned by the Allen's & the Morgan's are proposed to remain on lots in the proposed subdivision. The applicant submitted a revised plat this afternoon for the southern portion of the site that reflects a revised street configuration that provides 2 stub streets to the Luke parcel and shifts the public street along the north boundary of the shared property line with the Taylor's to the south; the changes result in one less building lot. A turnaround that meets Fire Dept. requirements is required at the end of the stub street to the Luke parcel where the street exceeds 150' in length. Access is proposed via S. Martinel Avenue, currently a private street that is proposed to be converted to a public street, via E. Amity Road; no access is proposed via Eagle Rd. All internal streets are proposed to be public. Two stub streets are proposed to the Luke parcel at the SWC of the site and one is proposed at the north boundary for future extension and interconnectivity with Shelburne Subdivision. A pathway is proposed within the common lot at the north boundary of the site where a sewer & water easement is proposed and also at the east boundary of the site for pedestrian access to the future school site to the east. A 25' wide street buffer with a detached sidewalk is required along Eagle & Amity Roads, both arterial streets. A minimum of 10% qualified open space & (1) site amenity is required to be provided within the development. The applicant has submitted pictures of typical sample building elevations for future homes in this development. Building materials appear to consist primarily of stucco with stone accents, and horizontal & vertical siding. Because homes on lots that back up to S. Eagle & E. Amity Roads will be highly visible, staff recommends the rear of structures on lots that face these streets incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Carl Porter ii. In opposition: None iii. Commenting: Frank Shoemaker; Roger Taylor iv. Written testimony: Jim Jewett, Applicant v. Staff presenting application: Sonya Watters b. Key issue(s) of Public Testimony: i. Desire by Mr. Shoemaker for the lots (Lots 3-6, Block 2) backing up to his 3 lots (Lots 2-4, Block 3, Shelburne Sub.) at the north boundary of the site to be restricted to a single story in height with no bonus rooms; ii. Concern by Mr. Taylor regarding access and safety for the irrigation ditch that will remain open along the rear of Lots 30- 33, Block 1 in a common lot; desire for Lots 33-36 and 38-41, Block 1 to be restricted to a single -story in height with no bonus rooms; and a desire for a gated access to S. Martinel Avenue. c. Key Issues of Discussion by Commission: i. Discussion regarding Mr. Shoemaker and Mr. Taylor's testimony and requests. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #1.1.7 to allow the ditch that runs along the rear of Lots 30-33, Block 1 to remain open and to require it to be placed in a common lot within a 10 -foot wide easement for use and maintenance by the adjacent (Taylor) property (#R5475470020). The ditch should be fenced off from the subdivision to prevent access by children (see Exhibit B). ii. Add a new condition restricting building height to single -story with no bonus rooms on Lots 3-6, Block 2 and Lots 33-36 and 38-41, Block 1 adjacent to Mr. Taylor's property (#R5475470020) if agreed to by the applicant (to confirm at Council meeting) (see condition #1.1.13 in Exhibit B). iii. Add a new condition requiring the developer to provide a gated access to S. Martinel Avenue for the Taylor property (#R5475470020) if agreed to by the applicant (to confirm at Council meeting) (see condition #1.1.14 in Exhibit B). e. Outstanding Issue(s) for City Council: i. Confirmation that the applicant agrees to restrict the height of homes to single -story with no bonus rooms as requested by Mr. Shoemaker and Mr. Taylor on certain lots as identified above; for a 10 -foot easement to be provided to the Taylor property for use and maintenance of the irrigation ditch; and a gated access for the Taylor property to S. Martinel Avenue as discussed at the Commission hearing. Written Testimony since Commission Hearing: Memorandum of Understanding between the applicant and the Shoemaker's, the Taylor's and the Morgan's : • The applicant agrees to restrict homes to a single -story in height on Lot 5, Blk 2 & a single -story or single -story w/bonus room (w/certain provisions) on Lots 3, 4, and 6, Block 2 adjacent to the Shoemaker property. • The applicant agrees to relocate the northern stretch of the ditch located on the Taylor & Morgan properties to completely on the Taylor property & construct a concrete ditch; relocate the Taylor's existing fence to the west side of the relocated ditch; install a 16' wide privacy gate between the Taylor property & Logan Creek subdivision along E. Taormina St. for Taylor's access; and restrict homes to a single -story on Lots 33-36, 38-41, Block 1. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0037, as presented in the staff report for the hearing date of April 5, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0037, as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0037 to the hearing date of April 5, 2016 for the following reason(s): (You should state specific reasons) for continuance.) Item #8D: Swindell Subdivision (AZ -15.010; RZ-15-011; PP -15.013) Application(s): ➢ Annexation & Zoning ➢ Rezone ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 20 acres of land, zoned RUT in Ada County & C -G, located off the NWC of S. Locust Grove Road and E. Overland Road. History: A narrow sliver of land along the north boundary of this site & the Northwest Pipeline property at the NEC of the site was previously annexed into the City in 2006. An annexation & zoning and a preliminary plat application for Fignut was approved for this site in 2008 but has since expired. Comprehensive Plan FLUM Designation: MU -C Summary of Request: The applicant requests approval to annex & zone 15.07 acres of land with a C -C zoning district; and rezone 0.57 of an acre & 5.09 acres of land from the C -G to the C -C zoning district consistent with the MU -C designation. A conceptual development plan was not submitted showing how the site is intended to develop. Therefore, staff is unable to determine if the proposed development/uses are consistent with the MU -C designation. Staff recommends a DA is required as a provision of annexation/rezone that requires the agreement to be modified prior to any development occurring on the site to include a conceptual development plan that demonstrates a mix of at least 3 land use types [i.e. commercial (retail, restaurants, etc.), office, residential; civic (public open space, parks, entertainment venues, etc.)] with a minimum of 20% being residential; and conceptual building elevations that are generally consistent in design and incorporate some of the same design elements and construction materials to unify the development consistent with the MU -C designation. The applicant also requests approval of a preliminary plat consisting of 7 building lots, 1 common lot and 1 other lot on 20.03 acres of land in the proposed C -C district and C -G district for Swindell Subdivision. There is an existing home & accessory structures on the site that are proposed to be removed. The Northwest Pipeline facility exists on a lot at the NEC of the site and is proposed to remain. Access is proposed via E. Bird Dog Ln., an existing private street, & a shared right-in/right-out driveway access with the Maverik property via S. Locust Grove Road. A new access is proposed via E. Overland Road. Local streets (S. Fignut Way and E. Bird Dog Drive) are proposed for access within the development from the adjacent arterial streets. Because local street access is not available to this property, a cross-access/ingress-egress easement is required to be granted to adjoining properties. Therefore, staff recommends an access easement is granted to the Maverik property to the east; an access easement is depicted on the plat to the property to the west (Pack It Up Sub.). The Ninemile creek exists along the western boundary of this site and has been piped. The UDC requires natural waterways such as creeks to remain open as a natural amenity; however, because the creek was piped some time ago, staff does not recommend it's opened back up. Landscaping is required with the subdivision in accord with UDC standards. A 50' wide buffer is required along 1-84; a 25' wide buffer is required along E. Overland & S. Locust Grove Roads; and a 10' wide buffer is required along internal local streets. There are several existing trees on this site that if removed will likely require mitigation; the applicant should coordinate with the City Arborist to determine mitigation requirements prior to removal of any trees on the site. The applicant requested alternative compliance to UDC 11 -3B -7C.3 which requires trees to be planted within the street buffers, to not plant trees along the west side of S. Fignut Way due to an irrigation and drainage easement which does not allow trees. As an alternative, the applicant proposes a wider buffer with bushes and vegetation; the Director has approved this request. Conceptual building elevations were submitted for this subdivision. Construction materials consist of E.F.I.S. and stucco with stone veneer accents; flat roofs, some with varying parapet heights and cornices — others have no variation in profile. Some have modulation in the facade and other don't. Overhead doors are also proposed on a couple of the rear elevations. These elevations are not approved with this application. Conceptual elevations are required to be submitted with the conceptual site plan when the DA is modified in the future that incorporate some of the same design elements and materials to unify the development and comply with design standards. Commission Recommendation: Approval a. Summary of Commission Public Hearing: i. In favor: Brad Miller, Applicant's Representative ii. In opposition: None iii. Commenting: None iv. Written testimony: Brad Miller, Applicant's Representative v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Commission: i. If residential uses are an appropriate use for this site. d. Commission Change(s) to Staff Recommendation: i. Modification to condition #2.1.1 in regard to installation of a water main. ii. Modification to condition #1.1.1a to not require a residential component of the development. e. Outstanding Issue(s) for City Council: i. Council should consider if removing a residential component of the mixed use development is appropriate as requested by the applicant and recommended by the Commission. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -15-010; RZ-15-011; PP -15-013, as presented in the staff report for the hearing date of April 5, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -15-010; RZ-15-011; PP -15-013, as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -15-010; RZ-15-011; PP -15-013 to the hearing date of for the following reason(s): (You should state specific reason(s) for continuance.) Item #8E: Fall Creek Meadows (H-2016.0009) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 33.54 acres of land, zoned R-8 and Rut (Ada County), located south of W. Overland Road and East of S. Linder Road. Adjacent Land Use & Zoning: North: Rural residential/agriculture uses and future Sagewood Subdivision, zoned R-8 and RUT in Ada County East: Victory Middle School, currently under construction, zoned R-4 South: Fall Creek Subdivision, zoned R-8 West: Southridge and South Ridge Estates Subdivision, zoned R-4 and R-8. History: • This property was annexed and zoned (AZ -05-064) in 2005. • In 2013 a preliminary plat (PP -12-016) for Fall Creek Subdivision was approved for 297 single-family residential lots and 30 common lots on 111.26 acres of land in an R-8 zoning district. • A final plat (FP -13-031) for Fall Creek Subdivision No. 1 was approved in 2013. • Two other final plats were approved in 2015 (FP -15-021) for Fall Creek Subdivision No. 2, and Fall Creek No. 3 (FP -15- 026). Comprehensive Plan FLUM Designation: Medium Density Residential (MDR) Summary of Request: The applicant proposes to annex and zone 13.17 acres of land with an R-8 zoning district, consistent with the goals & policies in the Comprehensive Plan & the MDR designation for this site. The applicant also proposes a preliminary plat (PP) consisting of 95 single-family residential building lots and 10 common on 33.54 acres of land in an R-8 zoning district. A modification to an existing development agreement (MDA) (Instrument #106151232) is also requested, to incorporate the surplus property purchased from the school district (Parcel #S1224244410) into the existing DA for Fall Creek Meadows Subdivision. Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district and all of the lots comply with these standards. The lots range in size between 8,700 square feet (s.f.) and 22,514 s.f. The average lot size is10,730 s.f. The proposed plat exceeds the minimum lots size requirements (5,000 s.f.) for the R-8 zoning district. The subdivision will take access from W. Kodiak Drive via two (2) proposed access roads, S. Grayling Ave. and S. Sockeye Ave. Because the Victory Middle School is under construction and slated to open in the Fall of 2016, staff believes that the applicant should construct the remaining portion of W. Kodiak Drive prior to submitting a final plat for the Fall Creek Meadows Subdivision to increase vehicular and pedestrian accessibility to the new school. One stub -street (S. Brook Trout Ave.) is depicted to the north for future extension and interconnectivity. S. Brook Trout Way is proposed to stub to a reserve strip (not currently annexed into the City) that will likely remain that way for some time unless the parcel is included in this plat or with the development of the adjacent properties to the north. The applicant has tried to make contact with the current owner of the property. At this time, an agreement has not been reached between both parties to incorporate the parcel into the boundary of the project. If left un -annexed this property will more than likely be undevelopable due the size and shape of parcel and may inhibit the extension of the proposed stub street. Staff has suggested the following remedies: • The inclusion of parcel # S1224223260 in the proposed annexation and preliminary plat boundary, with the S. Brook Trout Ave. stubbing to the south boundary of parcel # S1224223240. UDC 11 -6C -3G does not allow privately held reserve strips to control access from adjacent lands to public streets; or • The applicant shall move the location of S. Brook Trout Ave. away from the reserve strip and provide an additional stub street to the north with a maximum block length of 1000 feet. The proposed landscaping, open space and amenities meet the requirements of the UDC. Coleman Homes plans to construct their Woodland and Countryside Collections of homes within the proposed development. Architectural styles will include American, Craftsman, Cottage, Prairie, and Pacific Northwest. Written Testimony Since Commission Hearing: None Commission Recommendation: Approval W/Conditions a. Summary of Commission Public Hearing: vi. In favor: Becky McKay, Denny Johnson vii. In opposition: None viii. Commenting: Denny Johnson ix. Written testimony: Becky McKay (Applicant) x. Staff presenting application: Josh Beach xi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Continued supply of irrigation water from the existing ditch to irrigate the properties that have rights to use that water ii. Fencing material type and potential for a berm of some sort for privacy for the properties to the north. iii. The potential to provide a stub street to the adjacent property to the north for future development. c. Key Issues of Discussion by Commission: ii. Maintenance of the irrigation ditch and who would be responsible for that iii. The location of a stub street that will stub to a "reserve strip", or a piece of property that is not developable. iv. Potential locations of a stub street(s) to the north. v. Potential of adjacent property owners to purchase the reserve strip and include it as part of their property -c,. Commission Change(s) to Staff Recommendation: iv. Modify a development agreement 1.1.1 C to "Prior to Final Plat approval'. (See condition 1.1.1 Q. j. Outstanding Issue(s) for City Council: i. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H- 2016-0009, as presented in the staff report for the hearing date of April 5, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016- 0009, as presented during the hearing on April 5, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0009 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance) Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 1, 2016 PreCouncil City Council Meeting MEETING NOTES krIc- - 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: April 5, 2016 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 1, 2016 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: April 5, 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 8, 2016 City Council Workshop Meeting MEETING NOTES 4r7 -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 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 15, 2016 City Council Meeting M 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: April 5, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 22, 2016 PreCouncil 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: April 5, 2016 ITEM NUMBER: 5F ITEM TITLE: Approve Minutes of March 22, 2016 City Council Meeting MEETING NOTES Are,? 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: April 5, 2016 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Approve Minutes of March 29, 2016 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: April 5, 2016 ITEM NUMBER: 5H PROJECT NUMBER: H-2016-0010 ITEM TITLE: Reflection Ridge Subdivision No. 5 Final Order for Reflection Ridge Subdivision No. 5 (H-2016-0010) by Schultz Development, LLC Located 575 E. Rumple Lane Request: Final Plat Approval Consisting of Fifty -Three (53) Building Lots and Nine (9) Common Lots on 18.88 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: April 5, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2016-0015 ITEM TITLE: Reflection Ridge Subdivision No. 6 Final Order for Reflection Ridge Subdivision No. 6 (H-2016-0015) by Schultz Development, LLC Located West of S. Locust Grove Road and South of E. Victory Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 12.75 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: April 5, 2016 ITEM NUMBER: 5J PROJECT NUMBER: H-2016-0020 ITEM TITLE: Oaks South No. 4 Final Order for Oaks South No. 4 (H-2016-0020) by Coleman Homes, LLC Located South Side of W. McMillan Road, Between N. McDermott and Black Cat Roads Request: Final Plat Approval Consisting of Forty -Six (46) Single Family Residential Lots and Seven (7) Common Lots on 17.99 Acres in the R-4 Zoning District MEETING NOTES 4wT'a - 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: April 5, 2016 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Olivetree at Spurwing Findings of Fact, Conclusions of Law for Olivetree at Spurwing Subdivision by Spurwing Limited Partnership Located North of W. Chinden Boulevard and West of Spurwing Way Request: Two (2) Year Time Extension on the Final Plat for Olivetree at Spurwing Subdivision in Order to Obtain the City Engineer's Signature on the Final Plat MEETING NOTES AV-P-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 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5L PROJECT NUMBER: H-2016-0022 ITEM TITLE: Creason Creek Subdivision Final Order for Creason Creek Subdivision (H-2016-0022) by CS2, LLC Located Southeast Corner of N. Linder Road and W. Ustick Road. Request: Final Plat Consisting of Thirty -Four (34) Single Family Residential Lots and Six (6) Common Lots on 15.75 Acres of Land in the R-8 Zoning District MEETING NOTES &9f rv_-�4 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: April 5, 2016 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Professional Services Agreement for Concert Series Production Services Between the City of Meridian and Epique Events and Gifts Regarding Kleiner Park LIVE at Julius M. Kleiner Memorial Park 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 PROFESSIONAL SERVICES AGREEMENT FOR CONCERT SERIES PRODUCTION SERVICES This PROFESSIONAL SERVICES AGR�EEMEN FOR CONCERT SERIES PRODUCTION SERVICES ("Agreement") is made this `day of ` 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Epique Events and Gifts, whose address is 7750 West Crestwood Drive Suite 4, Boise, Idaho 83704 ("Promoter"), WHEREAS, City and Promoter are mutually interested in enhancing the Meridian community's quality of life by providing and supporting opportunities for members of the Meridian and greater communities to enjoy music in a public venue; and WHEREAS, City desires that the bandshell ("Bandshell") at Julius M. Kleiner Memorial Park, located at 1900 N. Records Avenue, in Meridian, Idaho ("Park") serve as such a place, and to that end, the Meridian Parks and Recreation Department wishes to present a series of concerts entitled "Kleiner Park Live," to be held in the Bandshell during the summer; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Concert planning and presentation. Promoter shall plan and present at least six (6) concerts, to be held at the Bandshell (collectively, "Event"), in accordance with the concert specifications set forth herein. B. Concert specifications. Each concert comprising Event shall comply in all respects with each and all of the following specifications. 1. Each concert shall be presented on Thursday evenings sometime within the date range of June 4, 2016 to September 24, 2016. 2. Each concert shall end by 9:00 p.m. 3. Event or any concert shall be canceled in case of inclement weather, park closure, or by order of the Director of the Parks and Recreation Department. 4. All set-up, rehearsal, and/or sound checks at Bandshell shall occur between 12:00 p.m. and 6:00 p.m. on concert dates. 5. Amplified sound shall not exceed sixty-two (62) decibels at the perimeter of the park. Under no circumstances may amplified sound be used after 9:00 p.m. 6. Each concert and all components thereof shall comply in all respects with all conditions of the applicable City of Meridian Temporary Use Permit and other applicable permits and permitting requirements, Meridian City Code, and state and federal law. PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 1 of 7 II. PROMOTER RESPONSIBILITIES A. Event planning and production. Promoter shall plan for and provide, at Promoter's sole expense, all logistics of Event and each concert thereof, including, but not limited to, performers, instruments, sound system, food and beverage vendors, alcohol permitting, event security, crowd management, first aid stations, portable restrooms, temporary fencing, signs, and extra garbage receptacles. Promoter shall be on site at each concert to supervise set-up and tear -down, and to ensure that use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. B. Performers. At least thirty (30) days prior to the first concert, and in any case before approaching any performer regarding perfonnance in Event, Promoter shall obtain City's written consent to such performance. Promoter shall engage only performers reasonably likely to attract no more than two thousand (2,000) people. City shall be entitled to disallow Promoter's engagement of any performer that, in City's sole discretion, is inappropriate for the Bandshell venue, Park, or Event. Promoter shall be responsible for ensuring that any and all performers performing in Event comply with the following requirements and restrictions: 1. Performers shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performers' performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory in nature. 2. Promoter and/or Performers shall be authorized to sell albums and/or merchandising material at each concert and may retain the proceeds of such sales. 3. Performers shall not use or consume any alcoholic beverage, tobacco product, or electronic cigarette until the conclusion of the performance, and in no case shall Performers use, consume, or visibly possess or display such products on stage or in the Bandshell. The use or consumption of any such products shall comply in all respects with Meridian City Code and state law. Specifically, without limitation, Performers shall comply with Meridian City Code section 13-2-6(W), which states: "No person shall light, use, or consume any tobacco product or electronic cigarette in any city park, provided that this prohibition shall not apply to parking lots in city parks. The definition of the terms `tobacco product' and `electronic cigarette' shall be as set forth in Idaho Code section 39-5702." Promoter shall be responsible for all contractual arrangements and obligations, financial or otherwise, with Event performers. C. Promotion. Event shall be billed by both parties as "City of Meridian presents Kleiner Park Live produced by Epique Events & Gifts." Promoter may, at Promoter's election and sole expense and effort, purchase commercial advertising to promote Event, and/or may promote Event via broadcast, online, social, or print media. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, City shall be given the opportunity to review and approve all promotional materials in advance of their publication, broadcast or dissemination. D. Food vendors. Promoter may engage up to three (3) food vendors to sell concessions in Park during each concert. Vendors may arrive at Park no earlier than 5:00 p.m. on the day of the concert for which they are engaged. Vendors shall not offer for sale or give away snow cones, shaved ice, Italian ice, or similar product. At least thirty (30) days prior to the first concert, Promoter must submit an event notification to the Central District Health Department. PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 2 of 7 Promoter may retain any proceeds collected from food vendors. E. Alcohol sales and service. Alcoholic beverages may be sold or served at Event, at Promoter's election. If alcoholic beverages are sold or served, Promoter shall be responsible for obtaining an Alcohol Catering Permit from the Meridian City Clerk's Office, and shall ensure that persons serving alcoholic beverages hold current Alcohol Server Training certification, as required by Meridian City Code. Any and all alcoholic beverages purchased at Event must be purchased and consumed within the designated area as approved by the Meridian Police Department pursuant to City of Meridian Alcohol Catering Permit, Meridian Parks Alcohol Permit, and/or City of Meridian Temporary Use Permit. Promoter may retain any proceeds collected from alcohol sales. F. Attendees' own alcohol. Promoter may allow Event attendees to bring their own alcoholic beverages to Event for personal consumption, at Promoter's election. Promoter shall notify City if Event attendees will be allowed to bring and consume their own alcoholic beverages at Event, in which case City shall be responsible for obtaining a Parks Alcohol Permit from the Meridian Parks & Recreation Department. G. Event sponsorship. Promoter may sell sponsorships of Event, and may retain all proceeds collected from such sponsorships. Promoter may not engage any sponsor which promotes or endorses any of the following content: 1. Content that is deemed in violation of this policy or any other applicable City policy; 2. Profane, obscene, indecent, violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Content that promotes, fosters or perpetuates conduct in violation of any federal, state or local law; 7. Content that encourages or incites illegal activity; 8. Information that may compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the Director of the Parks & Recreation Department deems to be inappropriate and not in the best interest of the City of Meridian. If the City becomes aware that any engaged or potential sponsor of Event promotes or endorses such content, the City may terminate this Agreement, restrict or remove any content that is deemed in violation of this policy or any applicable law, and/or cancel the sponsored concert or Event. H. No admission fees. Event shall be provided to the public at no cost; Promoter may not collect admission fees for Event or any component thereof, except that Promotor may charge admission to a "VIP tent" with the understanding that Promotor shall accept all responsibility and risk for same, and shall specifically indemnify City for any and all losses and expenses related thereto. Promoter acknowledges that Park and Bandshell are public places, and that with this limited exception, all members of the public shall be invited to attend. The public must have general access to all areas of Park at all times, so long as such access does not unduly interfere with the use of Park for Event. PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 3 of 7 I. Bandshell. Promoter acknowledges that Bandshell is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and performers from damage due to weather or other conditions that do or may exist. J. Vehicles. Driving or parking vehicles on non -designated driving or parking surfaces shall be strictly prohibited. III. CITY RESPONSIBILITIES. A. Primary Source of Contact for City. City shall provide Promoter the name, e-mail address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and Promoter for all day-to-day matters regarding set- up, operation, and tear -down of Event in Park. B. Promotion. City shall promote Event in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. City shall list Promoter as "Epique Events and Gifts" in all promotional materials that are created by City or within the City's control. C. Bandshell. City shall reserve and make the Bandshell and Park available for the Event. D. Temporary Use Permit. City shall obtain a temporary use permit for the Kleiner Park Live concert series. E. Parks Alcohol Permit. Promoter may allow Event attendees to bring their own alcoholic beverages to Event for personal consumption, at Promoter's election. Promoter shall notify City if Event attendees will be allowed to bring and consume their own alcoholic beverages at Event, in which case City shall be responsible for obtaining a Parks Alcohol Permit from the Meridian Parks & Recreation Department. F. No financial obligation. The parties agree that City shall have no obligation to contribute personnel or funding to the planning or production of Event, and no obligations other than those specifically set forth in this Agreement. G. Cancellation. The Director of the Meridian Parks & Recreation Department or his designee may, in his sole discretion, elect to cancel one or more concerts, with no notice to Promoter, where cancellation is in the best interest of City or the public health, safety, or welfare, due to weather, act of God, unforeseen park closure, or other reason. A decision regarding whether to cancel the concert due to weather shall be made no earlier than noon (12:00 p.m.) on the date of the relevant concert. IV. TERMS AND CONDITIONS A. Term. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2016 unless earlier terminated or extended in the manner as set forth in this Agreement. B. Time of the essence. Promoter acknowledges that services provided under this Agreement PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 4 of 7 shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Notice. Communication between Promoter and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: City of Meridian Attn: Parks and Recreation Director 33 E. Idaho Avenue Meridian, Idaho 83642 ssiddoway@meridiancity.org Promoter: Becky Breshears Epique Events and Gifts 7750 W. Crestwood Dr. Ste 4 Boise, Idaho 83704 becky@epiqueeventsandgifts.com D. City policy applies. Promoter shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the park, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. F. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of its obligations or rights under this Agreement related to or that may relate to its professional event planning expertise. Promoter may subcontract or assign obligations that do not require such expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. G. Termination. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature; other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. H. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. I. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 5 of 7 all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter, its assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. J. Waiver. Except as to rights held under the terms of this Agreement, Promoter shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. K. Relationship of Parties. Promoter is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter and City or any official, agent, or employee of City. Specifically, without limitation, Promoter understands, acknowledges, and agrees: 1. Except as otherwise set forth herein, Promoter is free from actual and potential control by City in the provision of services under this Agreement. 2. Promoter is engaged in an independently established trade, occupation, profession, or business. 3. Promoter has the authority to hire subordinates. 4. Promoter owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Promoter nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. L. Compliance with law. Throughout the course of this Agreement, Promoter shall comply with any and all applicable federal, state, and local laws. M. Non -Discrimination. Throughout the course of this Agreement, Promoter shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. N. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. O. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 6 of 7 P. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. Q. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. R. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. S. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. T. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of, 2016. R-�r% \ PROMOTER: � pp, Becky Bresh Epique Eve s and Gifts CITY OF MERIDIAN: Tamm,eerd, May ".,._ Cz 3 r 1 J isC yof r Midst r, aycee City Clerk PROFESSIONAL SERVICES AGREEMENT — CONCERT SERIES PRODUCTION SERVICES PAGE 7 of 7 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5N PROJECT NUMBER: MDA -15-002 ITEM TITLE: Verona East Amended Development Agreement for Verona East (MDA -15-002) with Gerald Martens located at 5048 N. Cortona Way, in the SW '/4 of Section 26, Township 4 North, Range 1 West. (Parcel No. 89010660620) 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 2016-028679 BOISE IDAHO P9s=5 DAWN TRIVOLIS 04106/2016 033 PM :00 EE MERIDIAN CITY 111111111111111111111111111111111111 002114376 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gerald Martens, Owner/Developer 5 }1� THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this- day of 2016, ("ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), and Gerald Martens, ("OWNER/DEVELOPER"), whose address is 888 W. Broad Street, Boise, ID 83702. RECITALS A. CITY and OWNER/DEVELOPER entered into that certain Development Agreement that B. CITY and OWNER/DEVELOPER now desire to amend the Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: That the Property specifically described in the attached Exhibit "A" is no longer subject to the Development Agreement that was approved on May 15, 2008 and recorded on May 22, 2008 (Instrument # 108059800). 2. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 1 of 4 Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terins of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 2 of 4 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this Addendum and made it effective as hereinabove provided. Attest: /J__g _'�_ Holman, City Cl OWNER/DEVELOPER: GERALD MARTENS By: CITY OF MERIDIAN Mayor T de Weerd ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERONA EAST Page 3 of 4 STATE OF IDAHO ) iL,-)in Fc�E°S) ss. County of Ada. ) On this i jday of _ e , `C_h , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared _ known or identified to me to be the of Gerald Martens, the person who executed the instrument on behalf of said Idaho limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ya NOT, Notary Pub c for Idaho Residing at: i �—ui l:. PUBLIC My commission expires: 3 -1— 0 t ~'_j STATE OF IDAHO ) : ss County of Ada On this 6 day of o r;� , 2016, before me, a Notary Public, personally appeared Tammy de We re d and Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (S Notary ub is for Residing at: K4P"v i d i Q n 1 r) Commission expires: I / q / a c) v ADDENDUM TO DEVELOPMENT AGREEMENT - MDA 15-002 — VERoNA EAST Page 4 of 4 EXHIBIT A Land Description For Rezone Lot IZ, Block 10, Verona Subdivision No. 2 Meridian, Idaho Being all of [ot 12, Blocb 10 and a pothon of North C01tona Way, as shown on that certain plat entitled *Verona Stibdivislon No, 2", according to the official plat thereof recorded March 4, 2005, in Book 141 of plats and Page 10743, records of Ada County, Idaho, said Property being more specifically described as follows - Commencing at the Southwest corner of said section 26, theme S 88*58'19" [, 1301.40 feet along the t,outh line of said section; 1hence N 00'29'44" F, 961)A4 feet along the Fasterly boundary of said Verona Subdivi,lon no. 2; Thence N 89'30'16' W, 280.86 feet Northeast corner of said Lot 12 of Block 10 and being the RUAL 110INf Of BIGINNING, Illence, South 11'04*28" West 104,20 feet along the boundary of said lot 12 of Block 10; I hence, South 00'29'44' West 110,00 feet along said boundary; -thence, North 89'3(Y16" West 94..54 feet along sold boundary; Thence, leaving said boundary, North 89'30'16" West 29,80 feet to a point on the centerline of said North Cortona Way; thence, along the arc of a non tangent 72.96 feet of a curve to the left, with a radius of 200.00 feet, a central angle of 20'511'03" and a chord of feet that heirs North 36*43'16' Wv%1 along said centerline; thf-rice, leaving said conterilne, North ,12'49'44' Vast 27-00 feet to a 1wirn on said boundary; Ifience, North 42'49*44" 1,asl 11.A3 feet along said boundary; North 08'39'53' Last 112.60 feet along said boundary; 1-11vurce, South 89"30,16" Fast 112.00 feet alone said boundaty to the RCAL POINT Of IILGINNIN%; acres, NV Al;p So End of Description ra 10flo C7 (P 136- 14 Page I of I Verona East Subdivision — MDA 15-002 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Task Order 10680.a Approval of Task Order 10680.a to ADVANCED CONTROL SYSTEMS for the "SCADA System Upgrades PRV's 2, 6, 10, 14, 23 & 26" project for a Not -To -Exceed amount of $76,480.00. MEETING NOTES 7f rz�j Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER NO. 10680.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND Advanced Control Systems (ENGINEER) This Task Order is made this 5th day of April, 2016 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 (ADVANCED CONTROL SYSTEMS), hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 7a) between the above mentioned parties dated September 24th, 2015. The Project Name for this Task Order 10680.a is as follows: CITY OF MERIDIAN SCADA System Upgrades PRV's 2, 6, 10, 14, 23 & 26 SCOPE OF WORK Our scope is to provide design, bidding and construction management services to replace the existing SCADA PACK PLC's and move controls above grade at the following sites; PRV 2, 6, 10, 14, 23 & 26. Sites 23 & 26 have 2 valves in each. All other sites have one valve each. The control panel will be designed to utilize existing instrumentation and provide spare 1/0 for future use. Our scope also includes programming services to include start-up of the new control panel and associated instruments. Task 1 - Design Services • Perform site surveys to identify unique site requirements • Perform design to include earthwork, excavation, direct bury conduit, grounding installation, auger boring, conduit installation, concrete foundations, elevations, piping, instrumentation, electrical distribution and controls schedules • Provide drawings suitable for construction • Provide bid documents (specifications as needed) • Communicate with Idaho Power to schedule electrical service and metering installation • Collaborate with ACHD in adherence to site traffic management, right of way issues and meeting erosion sediment control study requirements • Provide construction plans to ACHD • Contact HOAs where applicable to be included in discussions and decisions regarding PRV site aesthetics and construction impacts Task Order 10680.a Controls Design and Programming — PRV 2, 6, 10, 14, 23 & 26 control system upgrades Page 1 of 4 Advanced Control Systems Deliverables • 90% review documents • 100% Construction documents incorporating review comments Task 2 - Bidding Services • Create bid schedule • Attend kickoff meetings • Answer bidding questions Deliverables • Bid schedule Task 3 — Construction Support Services • Review submittals for control panel hardware • Review submittals for instrumentation Collaborate with the City in adherence to meet confined space construction requirements Coordinate with Idaho Power during installation of electrical service and metering Perform factory acceptance testing and start-up for PRV 2, 6, 10, 14, 23 & 26 control panels Deliverables • Submittal review Task 4 - Programming Services • Program PLC and HMI and provide onsite start-up for PRV 2, 6, 10, 14, 23 & 26 • Program MDS radio and provide onsite start-up for PRV 2, 6, 10, 14, 23 & 26 Deliverables • Electronic copies of the PLC and HMI programs that are created and modified during the project • One electronic and three 3 -ring bound hardcopies of operations and maintenance manuals • One electronic and three hardcopies of final as -built drawings ASSUMPTIONS While preparing our scope of services and fee estimate, we have made the following assumptions: • All site earthwork, excavation, direct bury conduit, grounding installation, auger boring, conduit installation, concrete foundations, elevations, piping, instrumentation, electrical distribution and controls with installation of new SCADA control panel, power quality monitoring panel, and all instrumentation will be complete before ACS integrator is called out to verify 1/0 loop checks and deploy programming. Task Order 10680.a Controls Design and Programming — PRV 2, 6, 10, 14, 23 & 26 control system upgrades Page 2 of 4 Advanced Control Systems • The remote site communication will utilize the GE MDS 900Mhz radio network. • On Site verification by radio path study has been performed. TIME OF COMPLETION and COMPENSATION SCHEDULE The following schedule is based on a Notice to Proceed (NTP) from the City by March 23, 2016 and resulting in Final Design Documents completed June 30, 2016 and Final Programming completed by September 30, 2016. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 Design Services ■ 5/31/2016 $46,932.00 2 Bid Services ■ 6/15/2016 $1,540.00 3 Construction Support Services ■ 7/29/2016 $7,040.00 3 Programming Services ■ 9/30/2016 $20,968.00 TASK ORDER TOTAL $76,480.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10615.a is seventy-six thousand, four hundred and eighty dollars ($76,480.00). 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. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN TAMMY •_•D O• Dated: `"l -'s " I � Approved by Council EE , CITY CL Task Order 10680.a Controls Design and Advanced Control Systems Advanced Control Systems BY: ST T OMSEN, -OVVNER Dated: r '? j3 fT CI fV y mining'- f' 2 6,' 10, 14, 23 & 26 control system upgrades Page 3 of 4 Purchasing Approval BY: KEIT TTS, urchasing Manager City Project Manager DEAN STACEY S 4 Publicorks apartment Approval BY: WARREN ST WART, Engineering Manager Dated: -'34-2/1 Task Order 10680.a Controls Design and Programming — PRV 2, 6, 10, 14, 23 & 26 control system upgrades Page 4 of 4 Advanced Control Systems To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey Date: 3/23/2016 Re: April 51h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 5t' City Council Consent Agenda for Council's consideration. Approval of Task Order 10680.a to ADVANCED CONTROL SYSTEMS for the "SCADA System Upgrades PRV's 2, 6, 10, 14, 23 & 26" project for a Not -To -Exceed amount of $76,480.00. Recommended Council Action: Award of Task Order 10680.a to Advanced Control Systems for the Not -To -Exceed amount of $76,480.00. Thank you for your consideration. 0 Page 1 Date: 3/15/2016 CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Public Works Project Name: SCADA SYSTEM UPGRADES PRV'S 2,6,10,14,23, & 26 Project Manager: Dean Stacey Department Representative: Dean Stacey Contractor/Consultant/Design Engineer: Advanced Control Systems (ACS) Contract Amount: $76,480.00 Is this a change order? Yes ❑ No D Change Order No. PROJECT MANAGER TO COMPLETE THIS SECTION ONLY Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est F±] 2 Qualified Personnel D 3 Availability of personnel D 4 Local of personnel Description of negotiation process and fee evaluation: Held in -person meeting to discuss Task Order requirements and had consultant create draft design tasks listing and scope then email the package' estimated cost to the Project Manager. Projet manager reviewed tasks and cost with supervisor and updated as needed, then forwarded to Purchasing Department for their review and approval and issuance. Kyle Radek 3/16/2016 Supervisor Date AWARD INFORMATION Date Submitted to Clerk for Agenda: Approval I By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Budget Information Contract Type Fund: 60 Budget Available (Attach Report): Department 3400 Yes D No ❑ Construction ❑ GL Account 94300 FY Budget: Task Order D Project Number: 10680 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes ❑ No D Grant #: Type of Grant Debarment Status (Grant/Federal Funded Projects Only) www.sam.gov (Type in date verified and the status) BASIS OF AWARD; BID RFP / RFQ TASK ORDER Low Bidder Highest Rated Master Agreement Category 7A (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: 9/24/2015 Typical Award Yes D No ❑ If no please state circumstances and conclusion: Date Award Posted: N/A 7 day protest period: N/A CONTRACTOR / CONSULTANT REQUIRED INFORMATION PW License N.A Expiration Date: N/A Corporation Status Insurance Certificates Received (Date): 9/3/2015 Expiration Date: 5/28/2016 Rating: A - Payment and Performance Bonds Received (Date): N/A Rating: N/A Builders Risk Ins. Req'd: Yes ❑ No D If yes, has policy been purchased? N/A ,only applicabale for projects above $1,000,000) PROJECT MANAGER TO COMPLETE THIS SECTION ONLY Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑ On Time ❑ Accuracy of Construction Est F±] 2 Qualified Personnel D 3 Availability of personnel D 4 Local of personnel Description of negotiation process and fee evaluation: Held in -person meeting to discuss Task Order requirements and had consultant create draft design tasks listing and scope then email the package' estimated cost to the Project Manager. Projet manager reviewed tasks and cost with supervisor and updated as needed, then forwarded to Purchasing Department for their review and approval and issuance. Kyle Radek 3/16/2016 Supervisor Date AWARD INFORMATION Date Submitted to Clerk for Agenda: Approval I By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3400 - Water - Admin 60 - Enterprise Fund From 10/1/2015 Through 9/30/2016 Date: 3/23/16 11:41:02 AM Page: 1 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 94300 Capital - Electronics 1041... Meridian Water 1,235.00 0.00 1,235.00 100.00% Communications Configuration Project 1041... Wells 15, 18 and 26 0.00 5,289.21 (5,289.21) 0.00% Control System Upgrades - Design 1041... Well 12, and Well 23 19,436.25 19,436.25 0.00 0.00% Control System Upgrades 1041... Controls Programming Wells 936.00 0.00 936.00 100.001-. 15, 18 and 26 Control System Upgr 1041... Well 12, and Well 23 83,889.00 83,889.00 0.00 0.00% Control System Upgrades - Construction 1041... Controls Engineering 137.50 137.50 0.00 0.00% Programming and Startup 1053... McMillan PRV SCADA Cabinet 25,962.50 25,912.50 50.00 0.19% 10615 SCADA System Upgrades - 54,600.00 0.00 54,600.00 100.00% PRV's 1, 3 and 7 10615.a PRV's 1, 3 & 7 - SCADA 0.00 59,499.50 (59,499.50) 0.009- .00%System SystemUpgrades - Design & Programmin 10615.b PRV3 - Directional Drilling 0.00 8,500.00 (8,500.00) 0.00% 1061... PRV 1, 3 and 7 Control 16,319.00 16,319.00 0.00 0.00% System Upgrades - Project Management 10616.a Well 31 - Control System 21,000.00 24,134.50 (3,134.50) (14.93)9. Upgrades - Design and Programming 1061... Well 31 - Control System 11,385.00 11,385.00 0.00 0.00% Upgrades - Project Management SCADA SCADA 227,329.08 0.00 227,329.08 100.001-. Total Capital Outlay 462,229.33 254,502.46 207,726.87 44.94% TOTAL EXPENDITURES 462,229.33 254,502.46 207,726.87 44.94% Date: 3/23/16 11:41:02 AM Page: 1 ADVAN11 OP ID: PD .1A N" CERTIFICATE OF LIABILITY INSURANCE 095 D09103!20312lY015 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(les) must be endorsed. If SUBROGATION IS 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 Ballard & Co. Inc. Insurance 851 E. Fairview Ave, Meridian, ID 83642 Dan Menasco CONTACT NAME: AICC N Ext :208-323-8214 Arc No : 208-322-0273 EMAIL ADDRESS: certificate@ballardandco.com INSURER(S) AFFORDING COVERAGE NAIC S 4CL464963-05 wsURERA:American Hallmark Insurance 43494 05/28/2016 INSURED Advanced Control Systems LLC INSURER B: Ida ho State Fund 36129 Advanced Control Service LLC 10400 Overland Rd #396 INSURER C: Admiral Insurance Co INSURER D: Boise, ID 83709 INSURER E : PRODUCTS- COMP/OP AGG $ EXCL INSURER F A 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 MAYHAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF MMIDDIYYYY POLICY EXP MMIDDIYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F—XI OCCUR 4CL464963-05 05/28/2015 05/28/2016 EACH OCCURRENCE $ 1,000,000 DA E ( RENTED PREMISESS Ea occurrence) $ 100000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X JECT LOC PRODUCTS- COMP/OP AGG $ EXCL $ A AUTOMOBILE XANY X LIABILITY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS X NON -OWNED AUTOS 4CL464963-05 05/28/2015 05/2812016 COaBI EDtSINGLE LIMIT $ 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE $ PER ACCIDENT A X UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE 4CU474649-03 05/28/2015 05/28/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 10000 $ B WORKERS COMPENSATIONWC EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNERIEXECUTIVE Y f N OFFICERIMEMBER EXCLUDED? (Mandatory In NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below N I A 589854 07/01/2015 07/01/2016 STATU- OE, 0 LIMITSX ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE- EA EMPLOYEE $ 500,000 E.L. DISEASE- POLICY LIMIT $ 500,000 C Professional Liab E000001391806 05/28/2015 05/28/2016 Limit 1,000,000 Ded 2,500 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) City of Meridian Purchasing 33 E 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 O 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD a IDSOS Viewing Business Entity Page I of I IDAHO SECRETARY OF STATE 0 Viewing Business Entity Lawerence Denney, Secretary of State New Search Back to Summary Get a certificate of existence for ADVANCED CONTROL SYSTEMS ,-LLC _] [ Monitor ADVANCED CONTROL SYSTEMS, LLC business filings ADVANCED CONTROL SYSTEMS, LLC 10400 OVERLAND RD #396 BOISE, ID 83709 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Origin: IDAHO Date of 12 May 2008 Origination/Authorization: Current Registered Agent: CURTIS LANDRETH 10400 OVERLAND RD #396 BOISE, ID 83709 File Number: W74160 Date of Last Annual Report: 24 Mar 2015 Annual Report Due: May 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 12 May 2008 ARTICLES OF View Image (PDF formaU ORGANIZATION View Image (TIFF format) Amendments: Help Me Print/View TIFF Amendment Filed 20 Jan OTHER - ADD View Image (PDEfgLmat j View 2010 MGR/MEM Image (TIFF format] Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.clov https://vAvw.accessidaho.org/public/sos/corp/W74160.html 3/23/2016 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Vacation And Release Of a 27' Easement Adjacent to McMillan Rd. At Paramount Square Sub (Mcmillan Road) 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 2016-028678 BOISE IDAHO Pgs=1 DAWN TRIVOLIS 04/06/2016 03:03 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIII I IIIIIIIIIIIII IIII'III"III III II III 00211436201600286780010010 CITY OF MERIDIAN VACATION AND RELEASE OF WATER MAIN EASEMENT WHEREAS, by easement dated May 17, 2007, and recorded on July 27, 2007 as Instrument Number 107106313 of the records of Ada County, State of Idaho, Paramount LLC granted to the City of Meridian, an Idaho Municipal Corporation, a water main easement for the construction, operation and maintenance of a water line over and across the real property legally described as follows: A 27' permanent easement adjacent to McMillan Road between STA 100+93.60 and STA 101+13.60 as referenced on the McMillan / Meridian Roadway Improvements Project final plan set dated May 11, 2007. WHEREAS, the continuance of this easement is no longer necessary or desirable because a separate easement has been recorded that includes the real property identified in the easement being released herein. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the sone shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this _ day of April, 2016 CITY OF MERIDIAN By Tam y e eer ,Mayor ATTEST Jaycee olman, City Clerk f STATE OF IDAHO ) ss County of Ada On this S day of April, 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 00•••••• (SEA L• tr!A Jd . * • 5.' TA i • , 9TF nF �:• 6•s®••. Notary Public for Idaho ` Residing at: ��Q,1� Gi l n y) fl Commission expires: > y - QO 0 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Vacation And Release Of a 35' Easement Adjacent to Meridian Rd. At Paramount Square Sub (Meridian Road) 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 2016-028675 BOISE IDAHO Pgs=1 DAWN TRIVOLIS 04/06/2016 03:02 PM MERIDIAN CITY NO FEE 111111111111111 IIIIIIIIIIIIIIII IIIIIIIIilllll IIII 00211433201600286760010019 CITY OF MERIDIAN VACATION AND RELEASE OF WATER MAIN EASEMENT WHEREAS, by easement dated May 17, 2007, and recorded on July 27, 2007 as Instrument Number 107106314 of the records of Ada County, State of Idaho, Paramount LLC granted to the City of Meridian, an Idaho Municipal Corporation, a water main easement for the construction, operation and maintenance of a water line over and across the real property legally described as follows A 35' permanent easement adjacent to Meridian .Road between STA, 33-09.12 and STA 33-29.12 as referenced on the McMillan / Meridian Roadway Improvements Project final plan set dated May 11, 2007. WHEREAS, the continuance of this easement is no longer necessary or desirable because a separate easement has been recorded that includes the real property identified in the easement being released herein. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this _ day of April., 2016 CITY OF MERIDIAN m $ y �� § Tamr Weerd, Mayor �i e .�y E�-J� ATTEST( -1 Jaycee Holman, City Clerk STATE OF IDAHO ) ss County of Ada ) On this:_ day of April, 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L, Holman, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ♦ — Q ®® (S$ — .1�r�,• Notar Public for Idaho ®w�•OTAR��`.eP®; Residingat: f� t Gt,✓1 t 1� :'�; 1 ; Commission expires: — y -(D • ®•• `�7* OF �:•® Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5R PROJECT NUMBER: ITEM TITLE: Sanitary Sewer And Water Main Easement between the City of Meridian and Brighton Development, Inc. for Paramount Square Subdivision No. 2 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 0� s28 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 04/02016- 4 6/2016 0 286% 7 'I MERIDIAN CITY NO FEE II'II(('iII�I (III'I'IIII'III III ii I�I IIII II'I'I'I� 00211432201600286740060067 SANITARY SEWER AND WATER MAIN EASEMENT `- 1 THIS INDENTURE, made this day of `' ` , 20 between , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA TO7). V07t17 `ice, President € Se Lary Al A. 2XI/ Address STATE OF IDAHO ) . ss. County of Ada ) On this day of "f , 20, before me, the undersigned, a Notary Public in and for said State, personally appeared a ancf , known or identified to me to be the,President S , of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SE $IANI�,��- P'£ � & AY NO ARY PiM FOR IDAHO N 0 A R" v, ��.1 LB- 6L 1 C L Residing at: TAT- .. ID0 Commission Expires: «, Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy d eerd, Ma or P.. City a _ Attest Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this S day of C�-n,—'k \ , 20 1 (o , before me, the undersigned, a Notary Public in and for said State personally appeared Tammy de Weerd and Jaycee L. 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. **owes** •°"ON JQ1r'•• (SE Ak`? ®'T AR��'v'; NOTARY PUBLIC IDAHO y�'� Residing at: 0.V-) Commission Expires: Q' ®• 9� OF �• Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc TEALETS LAND 12594 W. Explorer Drive, Suite 150 . Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385-0696 Project, No.: 3819 Date: March 10, 2016 EXHIBIT "A" DESCRIPTION FOR CITY OF MERIDIAN WATER & SEWER EASEMENT — PARAMOUNT SQUARE SUBDIVISION A City of Meridian water and sewer easement lying in the SE Y4 of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at a brass cap marking the Southeast corner of said Section 25; thence along the South boundary of said Section 25, which is also the centerline of West McMillan Road North 8902726" West 319.98 feet to a point; thence leaving said South boundary North 00°23'20" East 27.75 feet to a point on the North right-of-way line of said West McMillan Road, said point marking the POINT OF BEGINNING; thence along said North right-of-way line line North 89027'26" West 35.00 feet to a point; thence leaving said North right-of-way North 00023'20" East 273,17 feet to a point; thence North 89°36'40" West 388.50 feet to a point; thence North 00°23'20" East 35.00 feet to a point; thence South 89°36'40" East 388.50 feet to a point; thence North 00°23'20 East 310.77 feet to a point; thence South 89°36'40""East 35.00 feet to a point; thence South 00°23'2Q" West 310.77 feet to a point South 89'36'40" East 1.69.21 feet to a point of curvature; thence along the arc of a curve to the right whose radius is 117.50 feet, whose central angle is 10°43'40", whose length is 22.00 feet and whose long chord bears South 84°14'50" East 21.97 feet to a point of tangent; thence South 78°53'00' East 32.11 feet to a'point of curvature; thence along the arc of a curve to the left whose radius is 82.50 feet, whose central angle is 1004340", whose length is 15.45 feet and whose long chord bears South 84°14'50" East 15.42 feet to a point of tangent; thence South 89°36'40" East 43.99 feet to a point on the West right-of-way line of North Meridian Road; thence along said West right-of-way line ,line South 00°23'20" West 35.00 feet to a point; thence leaving said West right-of-way North 89036'40" West 43.99 feet to a ,point of curvature; thencealongthe arc of a curve to the right whose radius is 117.50 feet, whose central angle is 10043'40", whose length is 22.00 feet and whose long chord bears North 84°14'50" West 21.97 feet to a'point oftangent; thence North 78053,'00" West 32.11 feet to a point of curvature; thence along the arc of a curve to the left whose radius is 82,50 feet, whose central angle is 10'43'40", whose length is 15.45 feet and whose long chord bears W;\38191Docs\3819-Water-Sewer-Ease-Dese.docx -dnm Page 1 of 2 TEALEY'S LAND SURVEYING 12594 W. Explorer Dr. - Suite #150, Boise, Idaho 83713' (208) 385-0636 Project No.: 3819 Page 2 of 2 Date: March 10,'2016 North 84014'5Q" West 15.42 feet to a point of tangent; thence North 89036'40" West 169.21 feet to a point; thence South 00'23'20" West 273.27 feet to the POINT OF BEGINNING, Easement contains 45,159 square feet, more or less. LA11rD\ "34 2 4 N 0 60 120 240 SCALE IN FEET I" = 120' �J G )l 25 30 � 1 I I I I W. ARCHEREIELD ST. 1 m S 89'36'40 E 35.00' — 3 5 6 N 00'23'20" E 17,5 35.00' S 89 °36'40 E 38850' N 89°36'40".W 388:50'-� �- 12 CURVE TABLE CURVS RADIUS DELTA LENGTH BEARING CHORD C- 1 117,50' 10°43'40" 22.00' S 84'14'50" E 21,97' C- 2 82.50' 10°43'40' 15.45' S 84°14'50" E 15.42' C- 3 117.50' 10°43'40" 22.00' N 84'14'50" W 21.97' C- 4 82.50.' 10°43'40' 15.45' N 84'14'50" W 15.42' 4 N 0 60 120 240 SCALE IN FEET I" = 120' �J G )l 25 30 � 1 I I I I W. ARCHEREIELD ST. 1 m S 89'36'40 E 35.00' — 3 5 6 N 00'23'20" E 17,5 35.00' S 89 °36'40 E 38850' N 89°36'40".W 388:50'-� �- 12 m BLOCK 2 r. j WJ a3 Nl/i/,IN 14 ml/Ilm N l„✓ : `•l N 13 o I(,// %I o i zl / l 17.5'-«-� >41 25 —r--- - - a 236200' 36 ' - WEST McMILLAN ROAD 35,00' N 89027'26” W N 89"27'26" W 2681.98' N 89-36'40" W 169:21' 1 J� C-3 I 32.11' I N 78 °53'00" W 43.99' N 89°36'40° W 38' I: 10 9 1 EASEMENT AREA 45,159 S.F. 1 17.5 -IF EAS5MENT 319,98' 25 1 30 27.75' 36 1 31 N 00'23'20" E 2 1 I I mIU/ m 38' z N LLAIT" 3 0 �' '� Z ml i'�Im ol` I$ 1 e I V' 7 S 78°53'00" E o � S 89 '36'40" E S' 89°36'40" E 43.99' 169 ' - 35.00' m BLOCK 2 r. j WJ a3 Nl/i/,IN 14 ml/Ilm N l„✓ : `•l N 13 o I(,// %I o i zl / l 17.5'-«-� >41 25 —r--- - - a 236200' 36 ' - WEST McMILLAN ROAD 35,00' N 89027'26” W N 89"27'26" W 2681.98' N 89-36'40" W 169:21' 1 J� C-3 I 32.11' I N 78 °53'00" W 43.99' N 89°36'40° W 38' I: 10 9 1 EASEMENT AREA 45,159 S.F. 1 17.5 -IF EAS5MENT 319,98' 25 1 30 27.75' 36 1 31 N 00'23'20" E Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5S • •�iLlto] ►ivi1=3=1: ITEM TITLE: Sanitary Sewer And Water Main Easement Between The City Of Meridian And Isola Creek LLC for Isola Creek Subdivision No. 3 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 2016-028673 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:02 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111111 111 00211431201600286730060063 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this 5 - day of -Aj�y-,\, 2016, between Isola Creek LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: ISOLA CREEK LLC Thomas M. Coleman, President Coleman Homes LLC Manager of Isola Creek LLC 3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642 Address STATE OF IDAHO ) ss. County of Ada ) On this day ofq4, 2016, before me, the undersigned, a Notary Public in and for said State, personally` ppeared Thomas M. Coleman, Jr., known or identified tome to be the President of Coleman Homes LLC, Manager Isola Creek LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have and year first above written. ,, } `V Isola Creek SubN-Vision. lo.�4� rani set my hand and affixed my official seal the day N` G\TARY PUBLI FO IDA Residing at: Commission Expires: zy 1� Sewer and Water Main Easement EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de e d, Mayor f t rty of I /� .Qm :Gsn,rso Attest b ycee L. Holman, City Clerk � `�:;, S_ 1L g Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) On this ��� day of 7 r, , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. 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. 0088... .• �ZCA Jp. oTA,p��,�tn ® , (SE�LNOTARY PUBLIC FOR IDAHO t ® ! Residing at: Lr ® `.� .• Commission Expires: 1 ' y d 2CD Isola Creek Subdivision No. 3 Sanitary Sewer and Water Main Easement EASMT S&W I 1-15-13.doc EXHIBIT A February 8, 2016 DESCRIPTION FOR MERIDIAN CITY OFF-SITE SANITARY SEWER & WATER EASEMENT PROPOSED ISOLA CREEK SUBDIVISION NO.3 An easement located in the southwest'/4 of Section 35, T. 4 N., R 1 W., B.M., City of Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the W'/4 corner of said Section 35, from which the SW corner of said Section 35 bears South 00°53'07" West, 2643.59 feet; thence South 36°18'42" East, 1590.72 feet to the POINT OF BEGINNING; Thence North 52°10'29" East, 54.31 feet; Thence South 37°49'31" East, 42.00 feet; Thence South 52°10'29" West, 54.31 feet; Thence North 37°49'31" West, 42.00 feet to the POINT OF BEGINNING. Said easement containing 2,281 s.f., more or less. L LANos �S HSTF CL 11118 ;0 �LTON 140228-ofssease.docx EXHIBIT B 1 34 35-�--. _ _ _ _ S 89'11'20' E 1967.21 ._.—....... ...... •—•—•...... —. /4.1 WESTERLY BOUNDARY INTERIOR ANGLE POINT BRIDGETOWER CROSSING SUBDIVISION NO. 3 or� \ Q. ► I I I I I \ I �� ►II \ \ ► z' ►L"—T--r-- �—�--�-- Z I ►�N zi ;o Lq y W. TEANO DR. mLo o I j I PROPOSED Z t I o ► 5ti1��� W. TUBAC DR. ISOLA CREEK SUED. NO. 3 S 1/16 Nti• 1 SEWER WA7ER y( N9 tov. , EASEMENT - - - - - - - - - - 1 2,281 SF � II II BRIDGETOWER SUBD. NO. 1 I I Np L LA /vo ESTE s G 34 35 TM, R1W + $ o 3 2 W. USTICK ROAD A O VA 1l ► _ �j qTF OF 'LT0N W NP' SCALE 1"=200' MERIDIAN CITY OFF-SITE SANITARY ENGINEERING DWG.DATE 02/08/15 SEWER & WATER EASEMENT PROJ. NO. 140228 PROPOSED ISOLA CREEK SUBD. NO. 3 SOLUTIONS SHEET 1 OF 1 LOCATED IN THE SW 1/4 OF SECTION 35 1029 N. ROSARIO ST., STE. 100 T.4N., R.1W., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (208) 938-0941 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5T PROJECT NUMBER: ITEM TITLE: Sanitary Sewer Main Easement between the City of Meridian and Challenger Development, Inc. for Normandy 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 2016-028669 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04106/2016 03:02 PM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111 00211427201600286690060067 SANITARY SEWER MAIN EASEMENT t_>l THIS INDENTURE, made this J`— day of ��, 2016, between Challenger Development, Inc., the party of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desires to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, it consideration of the benefits to be received by the GRANTOR, and other good and valuable'consideration, the GRANTOR does hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer main, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer Main Easement THE GRANTOR hereby covenants and agrees that he will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 he is lawfully seized and possessed of the aforementioned and described tract of land, and that he has a good and lawful right to convey said easement, and that he will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed his signature the day and-ye-ar first herein above written. G President Address IH STATE OF IDAHO ) . ss. County of Ada ) On this 1-11" day of Wpectx 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Kdu r -+0'A known or identified to me to be the President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "U15Vje (SEAL) QM y0�'' ca r i BB E B � p � e � � r -0F e Sanitary Sewer Main Easement Ada,-, , NOTARY PUBLIC FOR IDAHO Residing at: Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy d rd, Mayor pity of ' Aires t b J ycee L. Holman, City Clerks Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of 20 l b before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. 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. ®009040 jjCA JO®• (SEA ® '0 O' 44,%;.�: •• OF ID •• '®9999•• Sanitary Sewer Main Easement NOTA XY PUBLIC FO AHO Residing at: t� -�e1r "Au Abu o -✓1 l Commission Expires: t - LA _ av'�)� March 16, 2016 Exhibit "A" SEWER EASEMENT Description For CITY OF MERIDIAN Normandy Subdivision Portions of the Northeast 1/4 of the Southeast 1/4 of Section 30, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: COMMENCING at the East 1/4 corner of said Section 30 from which the Southeast corner of said Section 30 bears South 00°30'10" East, 2651.92 feet; Thence along the North boundary line of the Northeast 1/4 of the Southeast 1/4 of said Section 30 South 89°43'55" West, 37.00 feet; Thence leaving said North boundary line and along a line 37.00 feet West of and parallel to the East boundary line of the Northeast 1/4 of the Southeast 1/4 of said Section 30 South 00°30'10" East, 2.27 feet to the REAL POINT OF BEGINNING; Thence continuing along said parallel line South 00°30'10" East, 24.11 feet; Thence leaving said parallel line South 55033'36" West, 188.56 feet; Thence 21.17 feet along the arc of a non -tangent curve to the left having a radius of 75.00 feet, a central angle of 16°1018", and a long chord which bears North 53°00'39" West, a distance of 2 1. 10 feet; Thence North 55033'36" East, 208.73 feet to the REAL POINT OF BEGINNING. 's'i,rA1 OF td am 25 05 50 SCALE: 1 " = 50' S89°43'55"W 37.00' � 1 /4 CC BL OC/I o� ti....... '......:' 100 �..............� In ���:.':......:.:.s� 3 ...... . \\ W O 25 � Q o i J � I D vi � I LINE TABLE LINE BEARING LENGTH L1 S 0030'10" E 2.27' L2 S 0030'10" E 24.11' CURVE TABLE CURVEI RADIUS I LENGTH I CHORD I CHORD BRG. I DELTA Cl 1 75.00' 1 21.17' 1 21.10' 1 N 53°00'39" W 1 16°10'18" —dy SubdiV,ion 15-052\dwg\Alerdion5ew _—EXB.dwg 3/16/2016 IDAHO 1450 E. WATERTOWER ST. SURVEY 130 MEIRID AN, IDAHO 83642 --(208)-846-8570 - GROUP, P.C. mm I of � " > O N z 0 w w i m �I o L' DI o U r to 7' o Q V)m vi �329 31 32 O�PL L ANo s o sG o n1ti �� TF OF�� J. s cti`�� 4:49:09 PM IADT EXHIBIT "B" DRAWING FOR CITY OF MERIDIAN SEWER EASEMENT NORMANDY _SUBDIVISION PORTION OF THE N 1/2 OF THE SE 1/4 OF SECTION 30, T•3N., ME., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO JOB NO. 15-052 1_ DWG. DATE 02-16-16 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5U PROJECT NUMBER: ITEM TITLE: Sanitary Sewer And Water Main Easement between the City of Meridian and Sagewood Overland LLC for Sagewood Subdivision MEETING NOTES fi-P- 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 2016-028668 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:02 PM MERIDIAN CITY NO FEE IIIIIIIIIIIIIIIIIIIIIIIIIIIII 11111111111 IN 11 111 00211426201600286680060060 SANITARY SEWER AND WATER MAIN EASEMENT -rh A-� ". THIS INDENTURE, made this day of ` , 2016, between Sagewood Overland LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sagewood Subdivision Sewer & Water Easement — Sagewood Overland LLC THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SAGEWOOD OVERLAND LLC Dirk Marcum, Member STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 2/1 day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Dirk Marcum, known or identified to me to be a Member of Sagewood Overland LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 7 e'&aadJ 0[3" (SEAL) 3 �a Sagewood Sub&lsi 4iNl )11'70,t� �� & NO GARY PUBL C FOR IDAHO Resi�ing at: Commission Ext)ir : '5i-116 & Water Easement — Sagewood Overland LLC GRANTEE: CITY OF MERIDIAN Tammy de rd, Mayor Attest b J ycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this 5� day of a \ , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. 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. seem... ®ee SONES •• (SEAL) :t''z 1 ;Wi 1®; V;t Q. ®®• S`1'A'L`E �i®® NOTARY'UBL IDAHO Residing Commission Expires: I -�I a©-� Sagewood Subdivision Sewer & Water Easement — Sagewood Overland LLC EXHIBIT A March 9, 2016 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENTS SAGEWOOD OVERLAND LLC PORTION PROPOSED SAGEWOOD SUBDIVISION Easements located in the NW 1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the NW corner of said Section 24, from which the N '/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 83°03'46" East, 1747.19 feet to the POINT OF BEGINNING; Thence South 01°00'00" West, 26.00 feet; Thence North 89°00'00" West, 60.00 feet; Thence North 01°00'00" East, 26.00 feet; Thence South 89°00'00" East, 60.00 feet to the POINT OF BEGINNING. Containing 1,560 SF, more or less. EASEMENT B Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 74°56'42" East, 1371.99 feet to the POINT OF BEGINNING; Thence South 89°00'00" East, 20.00 feet; Thence South 00°54'09"West, 110.00 feet; Thence North 89°00'00" West, 20.00 feet; Thence North 00°54'09" East, 110.00 feet to the POINT OF BEGINNING. Containing 2,200 SF, more or less. EASEMENT C Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 56°50'43" East, 1833.20 feet to the POINT OF BEGINNING; Thence South 89°05'51" East, 15.00 feet; Thence South 00°54'09"West, 114.28 feet; Thence North 87'56'19" West, 15.00 feet; LANA Thence North 00°54'09" East, 113.97 feet to the POINT OF_ O BEGINNING. Containing 1,712 SF, more or less. 111. �Of N 120726-meridease.sw. docx 14 13 BASIS OF BEARING S 89'07'22" E 2655,69'_ W, OVERLAND ROAD 13 1 /4 23\� 24e -- -- � \ i� 24 Ank 19, '%� 1%% F I N 1W \ 0 JS 89'00'00" X \ S 89'00'00' E so.00 PUNT Of BEGINNING w EAZUENT A' Cl No 1,560 Sf S 01'00'00" W N 89'00'00 W 26.00' z 60.00' m MERIDIAN CITY SANITARY SEWER AND WATER EASEMENTS EfGINEERING DWG•DATE 03/09/16 a� .sv4 o� I� \ oo gioo \ �v Sp � LOCATED IN THE NW 1/4 OF SECTION 24 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 SAGEWOOp�� 120726—MERIDEASE.DWG bkb 20.00' N 89'00'00" W \ \ \ \ \ oNPL LA Nps \ 05'51" E 1ST 500 £R 10 ���5� PUNT 6F BEGINNING EASEMENT 'C' 3 It a c a 1111 OX M^� a HOZ �i� rE 0 F Z N roN w \A _ — N 87'56'19" W 15.00' — SCALE 1"=100' MERIDIAN CITY SANITARY SEWER AND WATER EASEMENTS EfGINEERING DWG•DATE 03/09/16 SAGEWOOD OVERLAND LLC PORTION PROPOSED SAGEWOOD SUBDIVISION SOLUTIONS PROD. No. 120726 SHEET LOCATED IN THE NW 1/4 OF SECTION 24 T.3N., RAW., B.M. MERIDIAN, ADA COUNTY, IDAHO 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fax (208) 938-0941 1 OF 1 120726—MERIDEASE.DWG bkb Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5V PROJECT NUMBER: ITEM TITLE: Sanitary Sewer And Water Main Easement between the City of Meridian and Corona LLC for Sagewood 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 2016_028666 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 03:01 PM MERIDIAN CITY NO FEE II'IIII'III"IIII'I'II�I'III) I"II ILII' (III II SII 00211424201600286660060066 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of , 2016, between Corona LLC, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBIT A) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after malting repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sagewood Subdivision Sewer & Water Easement — Corona LLC THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: CORONA LLC exter ting, Member STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 4-1 day of ���?t �� �, , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Dexter King, known or identified to me to be a Member of Corona LLC, the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. 4r 0 7A (S NOTARY PUBLIC FOR IDAHO Residing *too, 00 � Commission Expires: .r it ���� � tib` Subdivision Sewer & Water Easement — Corona LLC GRANTEE: CITY OF MERIDIAN Tammy dCerd, Mayor ('qtly of A A est by cee L. Holman, City Clerk t 3 ... Approved By City Council On: STATE OF IDAHO ) ss. County of Ada ) On this day of ay V-" \ , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. 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. ••C,A, Jp1jr•.® o° �.' Q '�,� `did • (SEAL) NOTARY PUBLI OR IDAHO Residing at:LA�� k" ok ign Commission Expires: t " U '©d cl Sagewood Subdivision Sewer & Water Easement — Corona LLC EXHIBIT A March 9, 2016 DESCRIPTION FOR MERIDIAN CITY SANITARY SEWER & WATER EASEMENTS CORONA LLC PORTION PROPOSED SAGEWOOD SUBDIVISION Easements located in the NW 1/4 of Section 24, T. 3 N., R 1 W., B.M., Ada County, Idaho, more particularly described as follows: EASEMENT A Commencing at the NW corner of said Section 24, from which the N 1/4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 81°26'27" East, 1571.48 feet to the POINT OF BEGINNING; Thence North 01'00'00" East, 26.00 feet; Thence South 89°00'00" East, 60.00 feet; Thence South 01°00'00" West, 26.00 feet; Thence North 89°00'00" West, 60.00 feet to the POINT OF BEGINNING. Containing 1,560 SF, more or less. EASEMENT B Commencing at the NW corner of said Section 24, from which the N %4 corner of said section bears South 89°07'22" East, 2655.69 feet; thence South 78°42'50" East, 1351.86 feet to the POINT OF BEGINNING; Thence South 75°41'46" East, 21.21 feet; Thence South 00°54'09"West, 86.91 feet; Thence North 89°00'00" West, 20.00 feet; Thence North 00°54'09" East, 7.31 feet; Thence North 00°28'27" East, 84.49 feet to the POINT OF BEGINNING. Containing 1,812 SF, more or less. 120726-meridease.co. docx LANp L 14 13 BASIS OF BEARING _ _S 89'07'22" E 2655.69' W. OVERLAND ROAD 23 \�24 .—._.—._.—..— s CAI Ir \w J \� N 01'00'00" E NIS \ 26.00 \ POINT 6F BEGINNINGS 754j, 21.21' b E EASEMENT A - z� a�m �W N 89'00'00" W o^ Cl 0 R-5; co co SCALE 1 "=100' I DWG.DATE 03/09/16 1 PROJ. No. 120726 SHEET 1 OF 1 bkb N 711 t 3 0 00 N O 0 W cn gp,GEW00D SUBDNISION ?RppOSED u N Icn MERIDIAN CITY SANITARY SEWER ERING AND WATER EASEMENTS EFINE CORONA LLC PORTION PROPOSED SAGEWOOD SUBDIVISION SOLUTIONS LOCATED IN THE NW 1/4 OF SECTION 24 1029 N. ROSARIO ST., STE. 100 T.3N., RAW., B.M. MERIDIAN, IDAHO 83642 MERIDIAN, ADA COUNTY, IDAHO Phone (208) 938-0980 Fox (208) 938-0941 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5W PROJECT NUMBER: ITEM TITLE: Water Main Easement between the City of Meridian and Brighton Development for Hill's Century Farm Phase 3 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 2016.028665 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 04/06/2016 03:01 PM MERIDIAN CITY NO FEE II' II I II I I I "'ll I'I"II I I II I (II I'I I I II I I I II I II SII 00211423201600286650060066 WATER MAIN EASEMENT THIS INDENTURE, made this day of !�-2016, between Brighton Development Inc., an Idaho corporation, whose address is 12601 W. Explorer Drive, Suite 200, Boise, Idaho 83713, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the parry of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and 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 GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) . ss. BRIGHTON DEVELOPMENT INC., an Idaho corporation 41,4 -1 -t -A By: Jona F an D. Wardle, Vice President County of Ada ) On this day of March, 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Jonathan D. Wardle, known or identified to me to be the Vice President of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. 1" 1 All, { AL b ,, A k s NOTARY PUBLIC F Residing at: Commission Expires: Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy erd,-Mayor �14C CL Attest by cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this �3� day of , 20 Lk,,n—, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. 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. A Jp�•. .1G,,--- (SE ,- AR `�'Ji: NOTA Y P BLIC FOIeIDAHOI ® : Residing at: C—K d c, 3 I ® Commission Expires: �)c5 ao G %p; 's:� TE of � • •Osseo. Water Main Easement EASMT WAT 11-15-13.doc km 9233 WEST STATE STREET ( BOISE, ID 837.4 208.639.6939 ) FAX 208.639.6930 March 31, 2016 Hill's Century Farm Subdivision - Phase 3 Project No, 15-041 Legal Description City of Meridian Water Main Easement. EXHIBIT A A Parcel of land for City of Meridian Water Main easement situated in a portion of the Northwest 1/4 of the Southwest 1/4 of Section 33, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho and being more particularly described as follows. Commencing at an aluminum cap marking the West 1/4 corner of said Section 33, from which an aluminum cap marking the Southwest corner of said Section 33 bears 500013'37"W a distance of 2,676.15 feet, thence following the westerly line of the Southwest 1/4 of said Section 33, S00°13'37"W a distance of 803.15 feet to a point; Thence leaving said westerly line, S89°4623"E a distance of 48.00 feet to a point on the easterly right- of-way Line of S. Eagle Road and being the POINT OF BEGINNING. Thence following said easterly right-of-way line, N00'13'37"E a distance of 20.00 feet to a point Thence leaving said easterly right-of-way line, S89°52'02"E a distance of 150.78 feet to a point on the proposed westerly right-of-way line of S. Palatino Way; Thence following said proposed westerly right-of-way line, S01°20'01"W a distance of 20.00 feet to a point; Thence leaving said proposed westerly right-of-way line, N89°52'02"Wa distance of 150.39 feet to the POINT OF BEGINNING. Said easement contains 3,011 square feet more or less, and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. -12459 or 3.31.201 6 ENGINEERS I SURVEYORS I PLANNERS 32133 POINT OF COMMENCEMENT FOUND ALUMINUM CAP' W 1/4 CORNER SECTION 33 O Z ww :W Ll0 ?--f o N Proposed Hill's Century Farm Phase 3 z U) N00' 13'S TE S89 S2'02"E -150.- — — — — — POINT OF 20.00, 501'20'01 "W BEGINNING 20.00' mcV — -- _--_ N89'5202"W_150.39 LL - V) Unplatted r i o MN r-S89'46'23"E 00 I 48.00 (TIE) FOUND ALUMINUM CAP 3233 SW CORNER SECTION 33 T.3N. R.1E, 5 4 E. Lake Hazel Road T.2N. RAE. ENGINEERS. SURVEYORS. PLANNERS 9233 WEST STATE STREET BOISE, IDAHO 83714 PHONE(208)639.6939 FAX(208)639.6939 DATE: March 31, 2016 PROJECT:15-041 SHEET: 1 OF 1 N 0 20 40 80 Plan Scale EXHIBIT B HILL'S CENTURY FARM SUBDIVISION PHASE 3 CITY OF MERIDIAN WATER MAIN EASEMENT - A PORTION OF THE NW 1/4 OF THE SW 1/4 OF S.33, T.3N., R.1E., B.M., MERIDIAN, ADA COUNTY, IDAHO 150.78 s89°52'02" e .3 �M sa V C N O n89°52'02"w I5U.39 Title: City of Meridian Water Main Easement Scale: 1 inch = 30 feet File: Date: 03-31-2016 Tract 1: 0.069 Acres 3011 Sq Feet: Closure = s40.3912w 0.01 Feet: Precision =1/59410: Perimeter = 341 Feet 001=n00.1337e 20.00 002=s89.5202e 150.78 003=s01.2001w 20.00 004=n89.5202w 150.39 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5X PROJECT NUMBER: ITEM TITLE: Easment University Venture X. Easement Agreement Between University Venture Dst And City Of Meridian For Sanitary Sewer Lift Station Underground Infrastructure At Kennedy Commercial Subdivision And Bill Of Conveyance For Certain Infrastructure Components. 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 2016.030843 BOISE IDAHO Pgs=13 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE 00213786201600308430130139 Area above reserved for Recorder EASEMENT AGREEMENT CITY OF MERIDIAN & UNIVERSITY VENTURE DST FOR OPERATION AND MAINTENANCE OF PUBLIC SANITARY SEWER LIFT STATION UNDERGROUND INFRASTRUCTURE KENNEDY COMMERCIAL CENTER SUBDIVISION PORTION OF LOT 12, BLOCK1 THIS Easement Agreement (the "Agreement") is made as of the 5 day of , 2016, between University Venture DST, a Delaware Statutory Trust, hereinafter referred to as "Grantor," and THE CITY OF MERIDIAN, an Idaho Municipal Corporation, as Grantee, hereinafter referred to as "CITY." Grantor and CITY may be referred to herein collectively as "the Parties," WHEREAS, Grantor owns certain real property commonly known as 1422 S. Tech Lane, Meridian, Idaho, Ada County Parcel Number R1213346700 (the "Grantor's Property"); and WHEREAS, Grantor's Property was approved for development as the University of Phoenix project within the Kennedy Commercial Center Subdivision (the "Subdivision") on October 29, 2008 pursuant to Meridian Certificate of Zoning Compliance (CZC) 08-106, which incorporated prior approvals, CUP -01-009, PP - 07 -013, FP -07-036, and RZ-08-003; and EASEMENT AGREEMENT WHEREAS, as a condition of Final Plat 07-036, the lots in the Subdivision were required by Site Specific Condition #14 to "continue to be served by the existing private lift station and pressure main until the Black Cat Trunk is available to serve this area"; and WHEREAS, Grantor's Property has been the site of the private sanitary sewer lift station that has served the Kennedy Commercial Center (see Exhibit A); and WHEREAS, the property adjacent to the Grantor's Property is commonly known as 1495 S. Tech Lane, Meridian, Idaho, and legally described as Lot 9, Block 1 of the Kennedy Commercial Center Subdivision and has been developed as a multi -family apartment building (the "Overland Park Apartments Property"); and WHEREAS, the City's approval of the development of the Overland Park Apartments Property necessitated the replacement of the private lift station on the Grantor's Property with a larger, publicly owned sanitary sewer lift station (the "New Lift Station") that could serve the needs of the Subdivision until such time as the Subdivision can be connected to a gravity sanitary sewer line; and, WHEREAS, the Developer of the Overland Park Apartments Property, as a condition of its development approvals by City (including site specific condition 2,1.2 of CUP 14-009), was required to "work with the City and Kennedy Commercial Center Owner's Association" to replace the private lift station with the New Lift Station, decommission the private lift station, and transfer ownership of the New Lift Station and its related components to the City at which time the New Lift Station will become part of the City infrastructure; WHEREAS, such transfer of ownership of the New Lift Station, the underground storage tank on Grantor's property, four (4) manholes and any related components to the system will be accomplished by the City entering into letter agreements, acceptance for ownership, operations and maintenance agreement or EASEMENT AGREEMENT - 2 other applicable agreements with the respective property owners which shall accomplish the transfers to the City; and WHEREAS, the components of the private lift station identified for removal on Exhibit A have been removed in accordance with all applicable City, state, and federal regulations, and the New Lift Station has been constructed (see Exhibit B); and WHEREAS, the New Lift Station is situated primarily on the Overland Park Apartments Property, as depicted on Exhibit D (See Parcel B and accompanying legend); and, WHEREAS, the portion of the New Lift Station's infrastructure on the Grantor's Property consists of the existing underground storage tank and a new pipe connecting it to the infrastructure on the Overland Park Apartments Property; and WHEREAS, before City can accept ownership of the New Lift Station, it must receive written permission from the owners of both parcels to allow the infrastructure to be operated and maintained on their respective properties; and WHEREAS, Grantor desires to grant an easement to City for the portion of the New Lift Station that is situated on Grantor's Property so that the City can provide sanitary sewer utility services pursuant to City's regulations and Ordinances and maintain the New Lift Station and its related components. NOW, THEFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. GRANT OF EASEMENT: Grantor hereby grants to City a non-exclusive easement on, over across, under, and through a portion of Grantor's Property as legally described in the attached Exhibit "C" and depicted as Parcel A on the attached Exhibit " D" (the "Easement Premises"). City covenants and agrees that the Easement Premises shall be used EASEMENT AGREEMENT - 3 for the limited purpose of operating and maintaining the portions of the New Lift Station collection and storage system as identified on Exhibit B that are situated on Grantor's Property. The grant of the easement includes a grant to City, its respective contractors, employees, and agents, a non-exclusive easement for ingress and egress, for maintenance purposes only, to and from the Easement Premises by way of the fire access road along the western boundary of Grantor's Property, The Easement Premises shall not be used for any other purpose or purposes without the prior written consent of Grantor. City shall not permit the lien of any contractor, subcontractor, mechanic, labor or materialman, or any other lien of any kind or nature to be imposed upon the Easement Premises, and shall promptly cause the same to be removed if any lien is imposed. Grantor covenants and agrees that they 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. Grantor covenants that they are lawfully seized and possessed of the aforementioned and described Easement Premises, and that they have a good and lawful right to convey said easement. 2. MAINTENANCE: City shall, at City's sole cost and expense, maintain the Easement Premises in as good condition as the same is in at the time this easement is granted to City, reasonable wear, tear and damage by the elements excepted. City shall, at City's sole cost and expense, repair any damage caused to the New Lift Station, the storage tank on Grantor's property and its related components. 3. COMPLIANCE WITH LAW: City agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances and to do all things necessary to stay in compliance with the same. EASEMENT AGREEMENT - 4 4. UTILITIES: It is expressly agreed that during the full term of this Agreement, City shall furnish and promptly pay for any utilities required for the New Lift Station and related components on the Easement Premises at City's own cost and expense, if any. 5. TAXES AND ASSESSMENTS: Grantor shall pay all real estate taxes and assessments of any kind levied against the above Easement Premises during the term of this Agreement and any extension thereof promptly as the same become due. 6. LIABILITY: Grantor shall not be liable for any injury or damage which may be sustained by any person or persons resulting from the condition of the Easement Premises, the New Lift Station, the old lift station or any parts thereof, or from any other source or cause whatsoever, nor shall the Grantor be liable for any defect in the structures on said Easement Premises, latent or otherwise, and City agrees to indemnify and hold harmless Grantor from such liability pursuant to Article 9 of this Agreement. City shall not disrupt any other portion of Grantor's Property in connection with its operation and maintenance of the Easement Premises and New Lift Station and City agrees to indemnify and hold harmless Grantor from such liability pursuant to Article 9 of this Agreement. 7. LIABILITY INSURANCE: City shall maintain a comprehensive liability insurance policy covering the Easement Premises and the New Lift Station during the term of this Agreement with a responsible insurance company, all at the sole cost and expense of City in the sum of $500,000.00 single -limit coverage. 8. TERM AND TERMINATION: This Agreement shall continue in perpetuity and shall remain in effect until such time as the New Lift Station is no longer needed and the Subdivision is connected to a gravity sewer system as part of the City's infrastructure, at which time City shall provide 90 days written notice to terminate. Time and the strict and faithful performance of each and every one of the conditions of this EASEMENT AGREEMENT - 5 Agreement are expressly made the essence of this Agreement. If default be made by the City in keeping, performing or observing any of the covenants and agreements herein contained and such default shall remain so for a period of 30 days after written notice shall have been sent to City as hereinafter provided, then in such event Grantor may, at Grantor's election, either in law or equity, declare said term and Agreement forfeited. 9. INDEMNIFICATION: During the term of this Agreement (and thereafter, for incidents occurring during any term of this Agreement), City shall indemnify, defend and hold harmless Grantor, its officers, employees, beneficial interest owners, property managers and agents ("Grantor Parties"), and all successors and assigns of Grantor or any Grantor Parties, to the extent allowed by law, against any and all claims, liabilities, damages, expenses (including reasonable attorney fees), judgments, proceedings and causes of action of any nature arising from; (i) injury to or death of any person, or damage to or loss of any property occurring on, in or around the Easement Premises, or (ii) growing out of connected with the use, condition or occupancy of the Easement Premises, or (iii) resulting from a breach of this provision of this Agreement. This obligation to indemnify shall only to the extent allowed by law, and shall be limited to the acts or omissions of City or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitors and not caused by the negligence or other wrongful act of omission of Grantor, or Grantor's officers, employees, or servants. City's obligation to indemnify shall survive the satisfaction or earlier termination of this Agreement. 10, ATTORNEY'S FEES: In the event an action is brought to enforce any of the terms or provisions of this Agreement, or enforce forfeiture thereof for default thereof by either of the parties hereto, the successful party to such action or collection shall be entitled to recover from the losing party a reasonable attorney's fee, together with such other costs as may be authorized by law. EASEMENT AGREEMENT - 6 11. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Agreement shall be given by depositing a copy of such notice with an overnight carrier such as UPS or Federal Express, postage prepaid, to the respective parties hereto at the following address: Grantor: University Venture DST C/O Sandi Metz Inland Commercial Real Estate Services LLC 814 Commerce Drive, Suite 300 Oak Brook, IL 60523 CITY: City of Meridian City Clerk 33 E. Broadway Ave Meridian, ID 83642 City of Meridian Warren Stewart — City Engineer 33 E. Broadway Ave Meridian, ID 83642 or to such other address as may be designated by writing delivered to the other party. All notices shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 12. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Agreement, 13. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. 14. SITUS: This Agreement is established and accepted by the parties under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. EASEMENT AGREEMENT - 7 15, HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Agreement and shall not be used in interpreting or construing this Agreement. 16. SEVERABILITY: If any portion or portions of this Agreement shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto, IN WITNESS WHEREOF, the Grantor and City do execute this Agreement the day and year first above written. Grantor University Venture DST, a Delaware statutory trust By: University Exchange Venture, L.L.C. a Delaware limited liability company, its signatory trustee By: Inland Private Capital Corporation, a Delaware corporation, its sole member By: Its STATE OF ) ss. Countyof ) On this `� , day of - F 2016, before me, the undersigned, a Notary _Pu b'c in and for said State, personally appeared . F ' L known or identified to me to be the t> tiof Inland Private Capital Corporation, a Delaware corporation, the sole member of University Exchange Venture, L.L.C., a Delaware limited liability company, the signature trustee of University Venture DST, a Delaware statutory trust and who executed the instrument, and acknowledged to me that said company executed the same. (SEAL) ~� 4 k NOTARY PUBLIC FOR ,w S OFFICIAL SEAL RESIDING AT , ^. s LAURA RAZO MY COMMISSION EXPIRES: NOTARY PUBLIC, STATE OF ILLINOIS My Commission Expires Oct 28, 2019 EASEMENT AGREEMENT - 8 Grantee CITY OF MERIDIAN, IDAHO :r Y. Tammy deW er , Mayor rc ily or ,4:�lltest t t: _ ler STATE OF IDAHO, SS. County of Ada. t� On this day of A7 r' 2016, 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 of the CITY of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. written. (SEAL) IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above NOTARY PUBLIC FOR IDAHO ►j°8000"® RESIDING AT: �i�d.`� 0—n , to 3gICA-Jp'® MY COMMISSION EXPIRES: f 41 - Qo,�)� .nTA EASEMENT AGREEMENT - 9 6 EXHIBIT A Location of Former Private Lift Station and Existing Storage Area EASEMENT AGREEMENT -10 .114 EASEMENT AGREEMENT -10 EXHIBIT B Diagram of New Sanitary Sewer Lift Station Infrastructure EASEMENT AGREEMENT -11 q N d Y F! w �gq3 Z 3�3 e B a. n z L� 5 :@fo e o w� 0 Q F i c h` s 8 8 3 8 8 a 8 8 7 2 .. .. R. a a z Q a W L J r V) o I I ei I I 0 I I------------ I va Z.0 I * V Mn a Lu j o i�P 8 � W w Ji I B . 0 1 oL I it ^ ( I I S x � 4< X1 x ox x x x x x x x x x s w4��E g I .I PCI EASEMENT AGREEMENT -11 EXHIBIT C LEGAL DESCRIPTION OF LICENSED AREA LEGAL DESCRIPTION FOR SEWAGE LIFT STATION PARCEL A A parcel of land located in Lot 12 Block 1 of the Kennedy Commercial Center Subdivision and more particularly described as follows; Beginning at the Northwest Corner of Said Lot 12 thence South 00°25'39" West along the westerly boundary of Said Lot 12 for a distance of 43.66 feet to the point that the Said westerly boundary intersects the existing perimeter fence of the Lift Station Compound, Said point being the TRUE POINT OF BEGINNING; Thence South 88°35'25" East for a distance of 18.17 feet to the Corner Fence Post in the Compound; Thence South 01612'40" East for a distance of 34.96 feet to a Corner Fence Post in the Compound; Thence North 89°47'36" West for a distance of 19.13 feet to a point that the Said westerly boundary of Lot 12 intersects the existing perimeter fence of the Lift Station Compound; These North 00°25'39" East for a distance of 35.32 feet to the TRUE POINT OF BEGINNING, comprising 654 Sq. Ft, more or less. Prepared by Allen R Johnson, P.L.S. Professional Land Surveyor EASEMENT AGREEMENT -12 o� a °mono y m N 01°11'15" E y rn o cu z 35.72' (JI o z 00 Oo co n �aa _ w o 60 v C � N S 00°25'39" W N 00"25'39" E 35.32' 43.66' as co CPJ X9 Dm o z � DC7 N O 3 , 0-b, Z b J O S F- O w -i fTl O �^ 1S �o m 0 0 m o P D f`_ � m m o O m 0 •��mommmniim 7 �-- a z b f� y m cKi v Nom- �: m Z P N orP Z O yz�z Cc) P n� o < i. U C z � z c R mDV+ �C ?> Z 0 m q, -i z_ o � 5 K Q O P P� ON z 0 Z Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5Y PROJECT NUMBER: ITEM TITLE: Resolution Community Match Under the Idaho Tax Reimburse. Y. Resolution No. 347 A Resolution Affirming City of Meridian's Commitment to Provide a Community Match Under the Idaho Tax Reimbursement Incentive Act in Support of the Proposed Idaho College of Osteopathic Medicine to be Located at "The Core" in Meridian, Idaho; and Providing an Effective Date. 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. ( (o - 11 a-, BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION AFFIRMING CITY OF MERIDIAN'S COMMITMENT TO PROVIDE A COMMUNITY MATCH UNDER THE IDAHO TAX REIMBURSEMENT INCENTIVE ACT IN SUPPORT OF THE PROPOSED IDAHO COLLEGE OF OSTEOPATHIC MEDICINE TO BE LOCATED AT "THE CORE" IN MERIDIAN IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The proposed Idaho College of Osteopathic Medicine (ICOM) has made a commitment to locate in Meridian Idaho on the Idaho State University Health Care Center Campus; and, WHEREAS, ICOM will be a freestanding, privately funded, separately licensed and independently operated entity with a capital investment of $32.6 million; and, WHEREAS, ICOM is expected to have an approximate $79.5 million economic impact during the development period with approximately 350 new construction and planning jobs; and, WHEREAS, once opened, ICOM is expected to employ 90 full-time employees with an average wage of more than $88,300 annually; and, WHEREAS, the new direct state revenue to be generated by ICOM is projected at $18.4 million, and ICOM's facility, equipment, and land will be subject to city and county property taxes; and, WHEREAS, ICOM has been able to qualify for Idaho's Tax Reimbursement Incentive (TRI), a performance-based mechanism that promotes economic expansion, business retention, and job creation; and, WHEREAS, ICOM's TRI incentive value is estimated to be $3.85 Million over ten years, and ICOM plans to invest 100 percent of this reimbursement directly back into student scholarships; and, WHEREAS, to be considered for participation in the TRI program, the applicant must seek a Community Match, which is defined as a commitment from the local government that demonstrates its active support of the applicant creating new jobs in the local community; and, WHEREAS, the Community Match may include a monetary contribution, fee waivers, in- kind services, the provision of infrastructure, or a combination thereof; and, WHEREAS, Meridian's Community Match is a show of support that the City has a partnership with the State of Idaho and ICOM, and is an effort to incentivize ICOM to utilize the Idaho TRI program and locate in Meridian. RESOLUTION FOR COMMUNITY MATCH TO IDAHO COLLEGE OF OSTEOPATHIC MEDICINE PAGE 1 OF 2 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian actively supports ICOM in creating new jobs as well as education opportunities in our community. Section 2. That the City of Meridian is committed to providing an estimated community match of $200,000 likely over the course of four years, plus potentially waive another $100,000 in permit fees, the details and timing of which will be worked out in Meridian's budget setting process and will be set forth in an agreement to be negotiated between Meridian and ICOM. Section 3. That this Resolution shall be in full force and effect upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 5th day of April, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 5th day of April, 2016. APPROV-�'— _ -- ATTEST: ,-�0�,v>k Ak" Tammy de rd, Mayor ����{ ' 'f ' �'° ��r�� i' ayc Holman, City Cleric :r RESOLUTION FOR COMMUNITY MATCH TO IDAHO COLLEGE OF OSTEOPATHIC MEDICINE PAGE 2 OF 2 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5Z PROJECT NUMBER: H2O16-0017 ITEM TITLE: Resolution Vacation a portion Shops at Victory Z. Resolution No. I U - I I D4 : A Resolution (H 2016-0017 Shops at Victory) Vacating a Portion of the 10 -Foot Wide Public Utility Easement Located on the Northwest Corner Boundary of Lot 3 of Golden Eagle Estates. Subject Property is Located at 3210 S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho; and Providing an Effective Date. 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 2016-030842 BOISE IDAHO Pgs=4 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE (I'III"II II I'III'I'IIIIIII I�III')I IIIIII' I I�I'II 00213786201600308420040042 CITY OF MERIDIAN RESOLUTION NO. i i? - 11 ak BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION VACATING A PORTION OF THE 10 -FOOT WIDE PUBLIC UTILITY EASEMENT LOCATED ON THE NORTHWEST CORNER BOUNDARY OF LOT 3 OF GOLDEN EAGLE ESTATES. SUBJECT PROPERTY IS LOCATED AT 3210 S. EAGLE ROAD IN THE NW 1/40F SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 15, 2015 the City Council of the City of Meridian, held a hearing on the vacation of a portion of the 10 -foot wide public utility easement located on the Northwest Coiner boundary of Lot 3 of Golden Eagle Estates, as shown in the attached Exhibit WHEREAS, the subject property is located at 3210 S. Eagle Road in the NW 1/4 of Section 28, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That a portion of the 10 -foot wide public utility easement along the east boundary of Lot 3 of Golden Eagle Estates located in the NW 1/ of Section 28, Township 3 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. SHOPS AT VICTORY VACATION—H-2016-0017 PAGE I OF 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 5 day of Apn, 2016. —Mayor Ta de Weerd n Jti � ATTEST: r ri Cry u i Jaycee 04olman, City Clerk STATE OF IDAHO, ) ss County of Ada ) On this day of f per', , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. 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. • Jp••® (SEATA,��° . • ® E pF 'i9®® 00060000 NOTA Y PUBLIC FOAHO RESIDING AT: M-P-ViCk', CLQ t MY COMMISSION EXPIRES: I "'4 - Q� Ga 0 SHOPS AT VICTORY VACATION- H-2016-0017 PAGE 2 OF 2 EXHIBITA Page I of 1 am ME THE LANA GROUP, INC. March 28, 2016 Project No. 115151 WHITE-LEASURE DEVELOPMENT CO., UTILTY EASEMENT VACATION EXHIBIT'A' An easement located in a portion Northwest One Quarter of the Northwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho more particularly described as follows: COMMENCING at the Northwest corner of said section 28, thence on the west section line of said Section 28, South 00028'13" West, 434.95 feet, to a point, from which the West One Sixteenth corner of said Section 28 bears, South 00028'13" West, 885.82 feet, thence leaving said west section line, South 89031'47" East, 140.91 feet, to the POINT OF BEGINNING; Thence North 0031'02" East, 73.51; Thence South 89031'13" East, 97.63 feet; Thence South 06°26'06", West, 10.06 feet; Thence North 89°31'13" West, 86.60 feet; Thence South 0031'02" West, 63.51 feet; Thence North 89°31'13" West, 10.00 feet, to the POINT OF BEGINNING. The above described easement contains 1606 sq.ft. / 0.037 acres more or less, subject to all existing easements and rights-of-way of record. Attached hereto is Map Exhibit "B" and by this reference is made a part he PREPARED BY: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 03/28/2016 Site Planning ® Landscape Architecture 6Civil Engineering mGolf Course Irrigation & Engineering a Graphic Communication ®Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 e P 208.939.4041 F 208.939.4445 ® www.thelandgroupinc.com Easement Vacation Exhibit 3210 5, Eagle Rd. Meridian ENC70RYR �ENcYDKY tsb �€ '1fr l 0 10'PubCaUt01ry q." � S _ �T EasemOnt to be 60i,. vantad.P "s _ ,eS E HERD OR I. .Y.�_ F ".` ��" t , y _ ¢' "fir'. �sDR � WAVER OT; ME 5 NA L ,� 7 s E, � � j^- }-�"•�d-----� ; ��� �s, � a 6} 3'1492 H ll6 1852 44 Y! f f Jt Drc 07. 7a15 • tanJ04411ATA.cam The materials avallab€a at this W*b Site ate for Inrotrnabona, Scale 1 Inch apGrax 300 teat Nrposes only and do not COOsTIMe a 1"N do(v"nt• E. VICTORY ROAD a sr MM1,1V KSM, 530.00' �' 2127.t ------ We Table iln47abla � In vi At �fiSEI.000BEYACATEO-1 � •�—" 1 rE f 41 `'3a3•ai�e2� tio.Bi•�J1e..Vb I gj i 0` 1• i InS 1 r r it ,n it •>< Utility Easement Vacation "M 1 mn mou1� t - € White -Leasure Development M, w.. a. Utility Easement Vacation ..xn,xrur�rirunuus :Z:_... r..Exhibit "B" wL Shops at Victoiy Vacation—I-1-2016-0017 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5AA PROJECT NUMBER: ITEM TITLE: Resolution H 2016-0016 Quenzer Commons AA. Resolution No. 1 � - 11.-2 C) : Resolution (1-12O16-0016 Quenzer Commons No. 10) Vacating Plat Note #5 that requires Lot 11, Block 13 to take access from N. Quenzer Way. Subject property is located at 3997 N. Quenzer Way, in the SE 1/4 of Section 31, Township 4 North, Range 1 East, Meridian City, Ada County, Idaho, 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 2016-028664 BOISE IDAHO Pgs=3 DAWN TRIVOLIS 04/0612016 03:00 PM MERIDIAN CITY . _ NO FEE 11111111111111111111111111 ' CITY OF MERIDIAN RESOLUTION NO. 1 (0 - 109 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS. A RESOLUTION VACATING PLAT NOTE #5 THAT REQUIRES LOT 11, BLOCK 13 TO TAKE ACCESS FROM QUENZER WAY. SUBJECT PROPERTY IS LOCATED AT 3997 N. QUENZER WAY IN THE SE 1/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on March 15, 2015 the City Council of the City of Meridian, held a hearing on the vacation of Plat Note #5 that requires Lot 11, Block 13 to take access from N. Quenzer Way, as shown in the attached Exhibit "A". WHEREAS, the subject property is located at 3997 N. Quenzer Way, Meridian, Idaho in the SE 1/4 of Section 31, Township 4 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, and WHEREAS, after such hearing, the City Council, by formal motion, did approve said described vacation; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Plat Note #5 that requires Lot 11, Block 13 to take access from N. Quenzer Way is hereby vacated. Said property is located at 3997 N. Quenzer Way, Meridian, Idaho in the SE 1/4 of Section 31, Township 4 North, Range 1 East Boise Meridian, City of Meridian, Ada County, Idaho, is hereby vacated. A copy of the necessary relinquishment is attached as Exhibit "A". Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. QUENZER COMMONS No. 10 VACATION — H-2016-0016 PAGE I OF 2 PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 5 day of , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ,_, 2016. ATTEST: Jaycee L�Holman, City Clerk STATE OF IDAHO, ) ) ss County of Ada ) 1�Iayor Ta e d L 1L Cit) VI �^„/V o (—• i� r '0[0 0 On this day of Q7 h 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. 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. (SEAL) • •' �, • RESIDING T: UQ� t C -An MY • • ' 1'-'c�tC)Qaj QUENZER COMMONS No. 10 VACATION—H-2016-0016 PAGE 2 OF 2 Recorded Plat OVEN 10 C 0 v w ON S SUB 'i 1IS10. NO . I 'a fA n, I EXHIBIT A PLAU SHOWING QUENZER COMMONS SUBDIVISION NO. A PARCEL OF LAND BEING A RESUBDIVISION OF LOT 10, BLOCK 13 OF QUENZER COMMONS SUBDIVISION NO. 9, AND A PORTION OF LOT 13 OF GRLSTVIOOD SUBDIVISION NO. 1, ALL LOCATED IN THE E 1/2 OF SECTION 31, T.4N., R,1E MERIDIAN, ADA COUNTY, IDAHO 2006 ft&40ddzN0rthw084 LLC 9C4SE, IDAHO 10 O.M, ;T9 �-ro'w i -77,-2r - T 7 - — �Ikf� 1� 1-1 kE. 1E131 FkOR + 4. o i ii of ucK :s I% f)rSI-AATFD AS A, ( �NMQN AIM7A, t -OT 7NO FIF AND MAINTA!NC1DY HE HLWIA�L C0fA.\WA,-S 0W4ERS AS-.O�-'-IAV* A, -4T) A f7l ANKFT FF,hrli LAA ENT ro, TM HWTIT Or ,.,01 'I, HICKK 41- 5 LOT R; RLr.)CK 13 *111 -IF RL01"HT9 'Tr,,IAKr AI7,CF5S, TO S, QPrNZ1ff WAY AE ODDQISEr 1',", 1- LUGH =IELD ORI'�E 6 -AiL 0,N Of TrFL FOLUA1,N(; ojTS '-$ AN,� 11, dk DCA �3, 11, � h A FOR -111 'Ju 11cm "I[b 13LOCKSARC-'sEww.,o TO AJ10 C(1`41CAIN lllfi Av! Itl ;;701`q?A W-p0LQ'CQAINAcL usTTcm. THE -5F LOTS ARF MCABERM RY THAr ^FRTXFI M.At;TFR PFrpFToAi STON.41 1' ATF -9 ORAINA�( LOWtIi[Nf A-Foo-nIFI), OK� JAC t, 2304 AIN, I-KSTRUMENT No int-o5,54-tI, DFFIQAL RECORDS OF Anh r:01-INTY AMEN . I N C I) R -D-10 R A T;� D . H E Q �' N . RRY THIS PFFERFIXF AS' Ir' S,FT'FhRTH I'N FILfil Mir Quenzer Commons No. 10 Vacation — H-2016-0016 9 AL Fa SJ, 5.J2 4. o i ii of ucK :s I% f)rSI-AATFD AS A, ( �NMQN AIM7A, t -OT 7NO FIF AND MAINTA!NC1DY HE HLWIA�L C0fA.\WA,-S 0W4ERS AS-.O�-'-IAV* A, -4T) A f7l ANKFT FF,hrli LAA ENT ro, TM HWTIT Or ,.,01 'I, HICKK 41- 5 LOT R; RLr.)CK 13 *111 -IF RL01"HT9 'Tr,,IAKr AI7,CF5S, TO S, QPrNZ1ff WAY AE ODDQISEr 1',", 1- LUGH =IELD ORI'�E 6 -AiL 0,N Of TrFL FOLUA1,N(; ojTS '-$ AN,� 11, dk DCA �3, 11, � h A FOR -111 'Ju 11cm "I[b 13LOCKSARC-'sEww.,o TO AJ10 C(1`41CAIN lllfi Av! Itl ;;701`q?A W-p0LQ'CQAINAcL usTTcm. THE -5F LOTS ARF MCABERM RY THAr ^FRTXFI M.At;TFR PFrpFToAi STON.41 1' ATF -9 ORAINA�( LOWtIi[Nf A-Foo-nIFI), OK� JAC t, 2304 AIN, I-KSTRUMENT No int-o5,54-tI, DFFIQAL RECORDS OF Anh r:01-INTY AMEN . I N C I) R -D-10 R A T;� D . H E Q �' N . RRY THIS PFFERFIXF AS' Ir' S,FT'FhRTH I'N FILfil Mir Quenzer Commons No. 10 Vacation — H-2016-0016 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 5BB_ PROJECT NUMBER: ITEM TITLE: Final Plat Parmount Continued from March 22 BB. Continued from March 22, 2016: Final Plat for Paramount Subdivision No. 31 (H-2016-0021) by SCS Brighton, LLC Located North of W. McMillan Road and East of N. Linder Road Request: Final Plat Approval Consisting of Forty -Two (42) Single Family Residential Lots and Three (3) Common Lots on 10.54 Acres 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: April 5, 2016 ITEM NUMBER: 5CC PROJECT NUMBER: ITEM TITLE: Final Plat Shops at Victory CC, Final Plat for Shops at Victory (H-2016-0029) by WL Victory Crossing, LLC Located South Side of E. Victory Road and East Side of S. Eagle Road. Request: Final Plat Consisting of Three (3) Commercial Lots on 3.68 Acres in the C -C Zoning District MEETING NOTES 4fnl�t-z 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: April 5, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Presentation Senator Mary Hagedorn A. Presentation by Senator Mary Hagedorn regarding the Idaho College of Osteopathic Medicine 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:• • • i PROJECT NUMBER: ITEM TITLE: MYAC B. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES VZ 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: April 5, 2016 ITEM NUMBER: 7 PROJECT NUMBER: ITEM TITLE: Items moved from consent agenda MEETING NOTES XA4-,--R Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ap r i l 5 , 2 0 1 6 It e m # 8 A : C o p p e r b r o o k S u b d i v i s i o n – A n n e x a t i o n & P r e li m i n a r y P l a t Vi c i n i t y / Z o n i n g M a p â â â â â â â â â â â â â â â â â â â â â â â â â â â â } } } } } } } } } } } }} } } } !( F i v e M i l e C r e e k M c F a d d e e n D r a i n M c F a d d e n D r a i n M c F a d d e n D r a i n F i v e M i l e C r e e k R-4 R- 1 5 RU T L- O R- 1 5 R- 8 N M c D e r m o t t R d W M c M i l l a n R d N R u s t i cOakWay W L a z y D i a m o n d C L n Ir r i g a t i o n C a n a l Oaks South Subdivision OA K L I F T ST A T I O N & PR E S S U R E S E W E R CO P P E R B R O O K SU B D I V I S I O N Pr e l i m i n a r y P l a t & P h a s i n g P l a n IT D ’ s a c c e s s pl a n f o r S H - 1 6 Ap p l i c a n t ’ s p r o p o s e d ac c e s s p l a n SI T E RE V I S E D Pr e l i m i n a r y P l a t (D R A F T ) Ad d e d pa t h w a y Re m o v e d a lot La n d s c a p e P l a n Co n c e p t u a l B u i l d i n g E l e v a t i o n s It e m # 8 B : S o u t h e r n H i g h l a n d s Su b d i v i s i o n N o . 3 – F i n a l P l a t Vi c i n i t y / Z o n i n g M a p Ap p r o v e d P r e l i m i n a r y P l a t Fi n a l P l a t & L a n d s c a p e P l a n It e m # 8 C : L o g a n C r e e k Vi c i n i t y / Z o n i n g M a p Future School Site Ta y l o r Sh e l b u r n e S u b d i v i s i o n Lu k e Di a m o n d Vi e w As s i s t e d Li v i n g Pr e l i m i n a r y P l a t & P h a s i n g P l a n RE V I S E D P l a t La n d s c a p e P l a n Bu i l d i n g E l e v a t i o n s It e m # 8 D : S w i n d e l l S u b d i v i s i o n Pr e l i m i n a r y P l a t La n d s c a p e P l a n Co n c e p t u a l B u i l d i n g E l e v a t i o n s It e m # 8 E : F a l l C r e e k M e a d o w s Vi c i n i t y M a p Pa r c e l t o b e a n n e x e d Pr e l i m i n a r y P l a t Re s e r v e S t r i p Re s e r v e S t r i p La n d s c a p e P l a n Building Elevations Building Elevations Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Copperbrook Subdivision, Continued from March 15 A. Continued from March 15, 2016 Copperbrook Subdivision (H-2015-0029) by Hayden Homes Idaho, LLC Located 4725 N. McDermott Road 1. Request: Annexation and Zoning of 51.45 Acres of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of 199 Building Lots and Eight (8) Common Lots on 51.45 Acres of Land in the R-8 Zoning District MEETING NOTES '�6� � ( �k� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CO P P E R B R O O K su b d i v i s i o n CO P P E R B R O O K su b d i v i s i o n Co p p e r b r o o k Su b d i v i s i o n Me r i d i a n Ci t y L i m i t s Li f t S t a t i o n Re g i o n a l W e l l Co p p e r b r o o k Su b d i v i s i o n Mc M i l l a n R o a d Fi v e M i l e C r e e k Us t i c k R o a d AD A C O U N T Y CA N Y O N C O U N T Y Co p p e r b r o o k Su b d i v i s i o n Mc M i l l a n R o a d Fi v e M i l e C r e e k Us t i c k R o a d AD A C O U N T Y CA N Y O N C O U N T Y Fu t u r e C o l l e c t o r Ro a d Fu t u r e Hi g h w a y 1 6 Ac c e s s Ea s e m e n t Co p p e r b r o o k Su b d i v i s i o n Ne i g h b o r i n g Pa r c e l s i n Su p p o r t • In a g r e e m e n t w i t h S t a f f r e p o r t • Pr o p e r t y i s i n a p l a n n e d e x p a n s i o n a r e a • Co m p r e h e n s i v e l y p l a n n e d • Ad j a c e n t t o C i t y l i m i t s • In c l u d e d i n u t i l i t y p l a n n i n g • IT D a g r e e s w i t h l a y o u t • AC H D a g r e e s w i t h l a y o u t • Re g i o n a l a n d l o c a l p e d e s t r i a n a m e n i t i e s • Ne i g h b o r i n g p r o p e r t i e s s u p p o r t d e v e l o p m e n t . Th a n k Y o u Mc M i l l i a n R o a d w i t h 5 - f o o t s i d e w a l k Meridian City Council Meeting April 5, 2016 i i PROJECT NUMBER: ITEM TITLE: Southern Highlands Subdivision B. Final Plat for Southern Highlands Subdivision No. 3 (H-2016-0032) by Boise Hunter Homes Located West of S. Eagle Road and North of E. Taconic Drive 1. Request: Final Plat Approval Consisting of Forty -Seven (47) Building Lots and Five (5) Common Lots on 19.3 Acres of Land in an 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: April 5, 2016 ITEM NUMBER: 8C PROJECT NUMBER: ITEM TITLE: Logan Creek Public Hearing C. Public Hearing for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel 1. Request: Preliminary Plat Approval Consisting of Sixty -Eight (68) Building Lots, Eighteen (18) Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District 2. Request: Modification to the Development Agreement with AZ 14-016 to reflect modified site layout and updated provisions MEETING NOTES *f ykj (---/) 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: April 5, 2016 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: Swindell Subdivision Public Hearin D. Public Hearing for Swindell Subdivision (AZ -15-010 / RZ-15-011 / PP -15-013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road 1. Request: Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C -G to the C -C Zoning District 2. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C -C 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: April 5, 2016 ITEM NUMBER: $E PROJECT NUMBER: ITEM TITLE: Fall Crek Meadows Subdivision Public Hearing Located South of W. Overland Road on East Side of S. Linder Road 1. Request: Annexation and Zoning of 13.17 Acre of Land with an R-8 Zoning District 2. Request: Preliminary Plat Approval Consisting of Ninety -Five (95) Building Lots and Ten (10) Common Lots on 33.54 Acres of Land in a Proposed R-8 Zoning District 3. Request: Development Agreement Modification to Incorporate the Surplus Property Purchased from the School District (Parcel #S1224244410) into the Existing DA for Bear Creek West Subdivision (Instrument #106151232) 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 Co l e m a n H o m e s L L C Co l e m a n H o m e s L L C Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Mayors Office Resolution Apt. Spencer Meinburg A. Mayor's Office: Resolution for the Appointment of Spencer Meinburg to the Meridian Parks and Recreation Commission ��0-4 /�-pb 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. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING SPENCER MEINBURG TO SEAT 2 OF THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Seat 2 of the Meridian Parks and Recreation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Spencer Meinburg to Seat 2 of the Meridian Parks and Recreation Commission to be in the best interest of the Meridian Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Spencer Meinburg is hereby appointed to Seat 2 of the Meridian Parks and Recreation Commission, for a term to expire October, 201.6. 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 , day of 40 11 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of A n , 2016. APPROVED: a Mayor Ta I de Weerd ATTEST- . , z l�� t,,,o By: 91 Jayce . Holman, City Clerk' �� nFd A- R� RESOLUTION FOR REAPPOINTMENT OF SPENCER MEINBURG - MERIDIAN PARKS AND RECREATION COMMISSIONER -I 1945 N. Monaco Way Meridian, ID 83646 February 5, 2016 Mrs. Tammy de W eerd City of Meridian Mayor Meridian City Hall 33 E. Broadway Avenue Meridian, ID 83642 Dear Mrs. Tammy de Weerd: The City of Meridian website listed a vacancy for the Meridian Parks and Recreation Commission, please consider me as a candidate for this position. Serving the community has always been a passion of mine as I began volunteer service during my childhood and I continue to do so. My experience with the Meridian Swimming Pool and Western ADA Recreation District over the past 12 years while also hosting and being involved in many community events allows for me to think I could make a contribution to our community in this position. Meridian is truly a great city and I would love to help in any way that I can to see the continued progression. Opportunities to give back to the community are what make communities great, and I view this as an outstanding opportunity for myself to give to a community that has given so much to me. I look forward to hearing from you, please let me know if I can answer any questions or if there is an opportunity to set up an interview, I will be available for an in-person interview beginning March 13th, 2016. I'm available via e-mail until that date. I am currently doing humanitarian work in Thailand, but have already put the second Wednesday of each month on my agenda to ensure I will be at every meeting upon my return if I'm selecting for the Parks and Recreation Commission vacancy. Thank you for your consideration, I truly appreciate it. Sincerely, Spencer Meinburg Spencer Meinburg 1945 N. Monaco Way Meridian, Idaho 83646 E -Moil: trovelforgod@gmoll.com Phone: (208) 891.9497 Experience Meridian Community Swimming Pool Manager/Director of Operations May 2004 -Present Began employment as maintenance and have been in the manager role for the previous eight seasons. Responsibilities include: hiring, firing, training, scheduling, budgeting, media relations, marketing, community involvement, event planning, rational problem solving, board meetings, project planning, community projects, pool chemistry, proper maintenance, safety regulations and most administrative work. Pool sales were at $63,000 during 2007, since then we have incrementally increased sales and hit $200,000+ in sales for three months of seasonal business during the 2015 season. i oversee and schedule 50+ employees including maintenance, certified swim instructors, certified life guards and office staff. Our swim lesson program teaches nearly 4,000 kids in two week sessions each season. Strategic program planning allows for approximately 1,500 people to use our facility each day utilizing the pool from Sam -1 Opm. I am a Certified Pool Operator, CPR Instructor and Lifeguard Instructor with 12 years of aquatic experience. I also have restaurant management experience, hospitality management experience and management of a private aquatics facility while directing a kids camp. YMCA Sport Coach and Certified Personal Trainer May 2007 -Present Former employee and current volunteer with the local YMCA track and field program. Every Thursday I provide my services as the track official and starter. I host weekly speed and agility camps for elite athletes in the area and provide this service for thousands of individuals worldwide, Regularly volunteer for camps as a speed and agility expert and coach. Also serve as a certified personal trainer with clients ranging in all age brackets. Pounder of Travel for God Ministries April 2013 -Present I have traveled the world as a full time missionary to 25+ countries, Supported ministries, churches, athletes and programs in every continent besides Antarctica. Trained thousands of athletes worldwide and was heavily involved in public speaking opportunities. Volunteer and serve in local communities and network people to serve a greater purpose. Independent and self -supported missionary with a non -denominational background. www.trovelforgod.org Education University of Idaho (3.83 GPA) August 2007 -Graduated 5 year student athlete competing in track and field at the (Division One level, Graduated with a bachelors degree with three majors and four minors (general studies). 173 credits in Secondary Education, Psychology, Biology, Health, Communications, Business, Recreation and Marketing. Served as scholars' president 2007-2008, SAAC representative for track and field, youth group leader, tutor and heavily involved in community service. Meridian High School (4.0+ GPA) August 2004 -May 2007 Valedictorian speaker, National Honor Society President, FCA President, FCCLA President and recipient of the nationally recognized SAMMY award, inducted into the Milk House Hail of Fame in Florida. 013-2 LIM References upon request Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Budget Amendment Police Department B. Police Department: Budget Amendment for Eight (8) Cradlepoint Devices for Patrol Vehicles for the Not -to -Exceed Amount of $27,500.00 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 LJ m W LL c @ > 7 CS W CN � L } F LL d C L O O i AJ\jP 5 N u ���.��) W���J� Abri-r``�t7�`i,� �)_ ����f`?= � j!!"i) `��j•;j1JJ'1 �i =:irJJv%�%�1��`;� @ C 3 CL E M 0 N � o -_ o ma C � Q U N N' lu 31 v E N a a1 v O1 -i._ N Y a Z8 a0 E a a o f .� a0 z z w Q y0 a a O C ti w n �z -^ E W O O .- ._ O O O O a i N U ` a Q '� Cl 5 N N N QQ U O O N ci N ci E O O N O N O N O N U f w a c a c S c O O O o O O E vii o vrz ° v v v ci c1'1 N N d' a N N N v o fu E c N s ,q -Iv E s� N N O O � O '- O O LLilu O 3 a' Cl Q OOOO W C (U (U E o O C C E b Op J o o z z v w oci t: a s c E a CL c CL a i 3m a w' o a a m C W m (U N EE W ! 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U c � O N� � c 7 � � m � U c .Lao 0 O -� c Q O ha O U Q U N — Q U D � D � U O L*' 3 o 3 aJ C a) E E E a -n c C a O Q Q E Q 0Q a ca c aj m IV C C C Q) QI al t t t ru m m a n. n a, w u D D f7 I m Q v O G -Q i a5 > a+ O Qj CL ao, a ° va W U r C J2 '3 a "a C: _c of t i U ° Qj W � � O C Q1 tA a a QCi u a o a .a L C `ti a Q1 ` � O 3 u Ql W a, m C oj Ql c i v p a a c .� •Ql a ° aajj Qj a a c v Z b Qj �m W Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: Human Resources C. Human Resources: Merit Costs for the FY2017 Budget 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 FY17 BUDGET PRESENTATION APRIL 5, 2016 Crystal Ritchie, Human Resources – Interim Director Todd Lavoie, Finance – Interim Director F Y 1 7 B U D G E T Agenda •April Presentations •City’s Compensation Plan •City’s Compensation Policy •Factors of the Compensation Plan •Salary Administration Guidelines •FY17 Initial Projections •FY17 Projected Costs •Wrap Up: Action Reminders •Questions F Y 1 7 B U D G E T April Presentations •Communicating a lot of information •April topics have large budgetary impacts •Opportunity for you to process the information communicated •Will come back at the end of the month for your direction F Y 1 7 B U D G E T April Presentations The first 3 meetings in April we will be providing information for your consideration -No Direction Required- April 5 April 12 April 19 April 26 City’s Compensation Plan Healthcare Benefits Council Guidance and Direction Your Guidance / Direction Requested FY17 Budget Impact Projections Allowable 3% Property Tax Projections F Y 1 7 B U D G E T Compensation Plan •The City’s Compensation Plan was developed in FY2013 •Approved by Council summer 2013 •Implemented FY2014 and communicated to City staff •The Compensation Committee: •External Consultants •Bill Nary •Crystal Ritchie •Tom Barry •Stacy Kilchenmann •David Zaremba •Mayor Tammy de Weerd •The Purpose of the Compensation Committee: •Design a compensation plan that is employee focused, predictable, and standardized for budgeting and implementation purposes •Better positions us for forecasting and planning •Plan Guidelines incorporate a Market Adjustment Analysis every 2-3 years (on track!) April 5 City’s Compensation Plan F Y 1 7 B U D G E T The City’s Compensation Policy •City of Meridian Standard Operating Policy and Procedure 3.4.2 •The Purpose of the Compensation Policy: •To ensure the City’s Compensation program shall be periodically reviewed •Policy Overview: •Human Resources and Finance shall review the compensation program for effectiveness and budgetary compliance •The program will be updated as needed to meet internal equity and external competitiveness objectives •Fire •Police •General Employees •Need to be mindful not to adjust on the same cycle but staggered and consistent schedule •If reviewed every 2 years, consider a phased implementation approach It is important to ensure that the City’s Compensation program is reviewed and adjusted as needed to ensure the City has the ability to attract and retain qualified applicants and to remain market competitive Commitment to review every 2-3 years (both were reviewed 2 years ago) F Y 1 7 B U D G E T Factors of the Compensation Plan The City’s Compensation Plan Employee Focused Fair and Competitive Fiscally Responsible Provides Budgetary Predictability Attract and Retain F Y 1 7 B U D G E T Compensation – Performance Increases to Salary •City of Meridian is a Pay for Performance Organization (12+ years) •Compensation Plan supports City of Meridian’s Performance Increases to Salary Policy 3.4.3 •The Purpose of the Performance Increases to Salary Policy: •To identify the manner in which employees may receive wage increases based on performance •Policy Overview: •The City has established a pay-for-performance compensation program for all non-represented positions •Each year the Mayor and City Council may approve percentages for pay increases (if any) available to employees •Based on the outcome of individual performance appraisals •HR offers annual Performance Management Training •HR reviews all evaluations to ensure appropriate justification of rating Increases are “earned” by the employees, not “given” by management F Y 1 7 B U D G E T Pay Philosophy •The City’s Pay Philosophy: •The City of Meridian desires to be an employer of choice in the public and private sectors •To do so, we will pay employees fairly and as competitively as possible to attract and retain high performing employees •In addition, the City has a pay for performance philosophy which is based on merit increases primarily, augmented as determined, with market adjustments The City of Meridian is a PREMIER CITY. To be a Premier City we need the best employees. To attract and retain the best we MUST pay competitively to our market. We reward high performance and results! We need the best employees and we believe that we have the best! F Y 1 7 B U D G E T Merit Increases – How it Works •Manager completes the annual performance evaluation and determines the employees overall performance rating •Superior •Exceeds Expectations •Fully Competent •Needs Improvement •Fails to Meet Expectations •The performance evaluation and associated PAR form is forwarded to HR for review and processing •HR Reviews all Performance Evaluations to ensure appropriate justification of ratings •HR obtains the overall performance rating and determines where in the position salary range the employee’s current pay is located •HR uses a salary matrix to calculate the applicable merit increase Let’s take a look…. F Y 1 7 B U D G E T Merit Increases – How it Works Joe receives an Overall Performance Rating of Fully Competent (way to go Joe ) His current pay is $15.40 per hour His position Salary Range is: Minimum: $13.56 per hour Proficient: $14.44 per hour Market Minimum: $15.38 per hour Market Midpoint: $16.87 per hour Superior: $20.18 per hour Joe would receive a 2% merit increase… Hire and Proficient Range Market Range Superior Performance Range Superior Performance Merit Adjustment 5% Merit Adjustment 4% Merit Adjustment 3% Contact HR regarding handling employees exceeding range maximum Exceeds Expectations Merit Adjustment 4% Merit Adjustment 3% Merit Adjustment 2% Fully Competent Merit Adjustment 3% Merit Adjustment 2% Merit Adjustment 1% Needs Improvement Merit Adjustment after Sustained Performance Improvement* (PIP Required) Merit Adjustment after Sustained Performance Improvement * (PIP Required) Merit Adjustment after Sustained Performance Improvement * (PIP Required) Fails to Meet Expectations No Merit Adjustment (PIP Required) No Merit Adjustment (PIP Required) No Merit Adjustment (PIP Required) F Y 1 7 B U D G E T Salary Administration Guidelines •Supports City of Meridian’s Compensation Policy •Ensure the City maintains the competitiveness, appropriateness, integrity and consistency in the application of the salary plan •These Guidelines Address: • Setting employee salaries in jobs •The method of revising the pay structure •Managing employee movement through the range to maintain a structure that is internally equitable and externally competitive Guidelines exist to help us make appropriate and consistent decisions about how salary is administered F Y 1 7 B U D G E T FY17 Initial Projections •2% - 4% Placeholder •Merit Only •Market / Merit Combination •Local / State Data generally available in May / June •National Data generally available in June •Data includes: •Salary Surveys •Market Surveys •Comparative Data •Economic Indicators •HR will continue to monitor and provide a formal recommendation for the FY17 budget as local and national data becomes available F Y 1 7 B U D G E T Projected Costs based on Placeholder F Y 1 7 B U D G E T Wrap Up: Action Reminders •Reminder: •Today’s presentation is for informational purposes only •Your guidance / direction on April 26th is just that………guidance / direction April 26 Council Guidance and Direction Your Guidance / Direction Requested All FY2017 budget recommendations can be updated / changed up to July 20th F Y 1 7 B U D G E T Thank you! Human Resources Finance Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance Verona East Rezone A. Ordinance No. l(A- lu-11 : An Ordinance of the City of Meridian Granting the Rezone of 0.669 acres of Land known as Verona East Subdivision (RZ 15- 004) From the L -O (Limited Office) Zoning District to R-8 (Medium Density Residential) Zoning District in the Meridian City Code. The Property is a Parcel of Land Being all of Lot 12, Block 10 and a Portion of North Cortona Way, as Shown on that Certain Plat entitled "Verona Subdivision No. 2", According to the Official Plat Thereof Recorded March 4, 2005, in Book 91 of Plats and Page 10743, Records of Ada County, Idaho; and Providing an Effective Date. 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 2016.028663 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 04/06/2016 02:59 PM MERIDIAN CITY NO FEE 00211421201600286630050066 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (RZ 15-004 — VERONA EAST SUB) FOR THE RE -ZONE OF A PARCEL OF LAND BEING ALL OF LOT 12, BLOCK 10 AND A PORTION OF NORTH CORTONA WAY, AS SHOWN ON THAT CERTAIN PLAT ENTITLED "VERONA SUBDIVISION NO. 2", ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED MARCH 4, 2005, IN BOOK 91 OF PLATS AND PAGE 10743, RECORDS OF ADA COUNTY, IDAHO; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF L -O (LIMITED OFFICE) ZONING DISTRICT TO R-8 (MEDIUM DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS, REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: Primeland Investment Group, LLC. SECTION 2. That the above-described real property is hereby re -zoned from the L -O (Limited Office) zoning district to the R-8 (Medium Density Residential) zoning district, in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. RE ZONE ORDINANCE — VERONA EAST SUB — RZ 15-004 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this t� day of fN R yi'� , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of ►� ` , 2016. MAY Y de WEE ATTEST: s � d, lj C i[, of 41 JAYCEI L. IOLLV' CITCLER `i.TtMl, �ti� RE ZONE ORDINANCE - VERONA EAST SUB - RZ 15-004 PAGE 2 OF 3 STATE OF IDAHO, ss: County of Ada ) On this qday ofAQr_�, 2016, before me, the undersigned, a N�try'ublic n 0. ani and for said State, personally appeared TAMMY de WEERD and , 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. (SEAL) •®0,.�000,0860®• •N 0o ACVJV�AW Notary Public for��� ��� Residing At: My Commission Expires: a-�j RE ZONE ORDINANCE — VERONA EAST SUB — RZ 15-004 PAGE 3 OF 3 EXHIBIT A Land Description For Rezone Lot 12, Block 10, Verona Subdivision No. 2 Meridian, Idaho Being all of Lot 12, Block 10 and a portion of North Cortona Way, as shown on that certain plat entitled "Verona Subdivision No. 2", according to the official plat thereof recorded Mardi 4, 2005, In Rook 91 of plats and Page 10743, records of Ada County, Idaho, said property being more specifically described as follows: Commencing at the Southwest corner of sold Section 26, thence S 88'58'19" E, 1301.40 feet along the south line of said section; Thence N 00.29'44" E, 965.44 feet along the Easterly boundary of said Verona Subdivision no. 2; Thence N 89130'16" W, 280.86 feet Northeast corner of said Lot 12 of Block 10 and being the REAL POINT OF BEGINNING; Thence, South 11'04'28" West 104.20 feet along the boundary of said Lot 12 of Block 30; Thence, South 00'2944" West 110.00 feet along said boundary; Thence, North 89'30'16" West 94.54 feet along said boundary; Thence, leaving saki boundary, North 89°016" West 29.80 feet to a point on the centerfine of said North Cortona Way; Thence, along the arc of a non -tangent 72.96 feet of a curve to the left, with a radius of 200.00 feet, a central angfe of 20'54'03" and a chord of 72.55 feet that bears North 36'43'16" West along said centerline; Thence, leaving said centerline, North 42'49'44" East 27.00 feet to a point on said boundary; Thence, North 42'49'44" East 31.43 feet along sold boundary; Thence, North 08'39'53" East 112.60 feet along said boundary; Thence, South 89'30'16" East 132.00 feet along said boundary to the REAL POINT OF BEGINNING; Containing approximately 0.669 acres. End of Description 136-14 Page 1 of 1 Verona East Sub RZ-15-004; nr'i� raTTw PAGE 19 EXHIBIT VERONA SUBDIVISION NO.5 A Ro-Subdivision and Re-Nubm dng of Lot 12, Block 10 of Verona Subdivision No. 2 Located In SW 4 , Section 26 Township 4 North, Range i West Boise Meridian NORTH Ada County, Who 2015 REZONE EXHIBIT MAP VERONA SUBDIVISION NO.5 MERIDIAN, ID ai AHM Fx�inra �c' Verona East Sub RZ-15-004; P - PAGE 20 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Ordinance Appointments by the Mayor B. Ordinance No. t � — l : An Ordinance of the City of Meridian Amending Title 1, Chapter 8, Section 1, Meridian City Code, Appointments by the Mayor; Providing a Waiver of the Reading Rules; and Providing an Effective Date. 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 ORDINANCE NO.� - � ('I R BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 1, CHAPTER 8, SECTION 1, MERIDIAN CITY CODE, APPOINTMENTS BY THE MAYOR; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor is the Chief Executive Officer of the City and in that capacity may determine the most efficient and expedient operational needs of the City; and WHEREAS; the City Council as the governing board of the City have a role and responsibility in the appointment of various department directors or other appointed officials; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8, Section 1, Meridian City Code is hereby amended to read as follows: 1-8-1: APPOINTMENTS BY MAYOR: A. The mayor, with the consent of the city council, shall appoint all depar,mo„+ direeters the following department officials of the city of Meridian including city attorney, public works director, chief of police, fire chief, community development director, parks and recreation director, human reseuFees ao,,.,,.,,. ei# three+, , i,-,Amiafio and support services director,—aftd-ehiei firaneia ^ . The mayor with the consent of the city council may add or change other appointed positions as necessary to effectively operate the city. B. Additionally, ptHsu Pursuant to the Idaho Code the mayor with the consent of the city council shall appoint a chief financial officer/city treasurer and city clerk. Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the fall Council, the rule requiring two (2) separate readings by title and one (1) reading in fall be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in'fall force and effect upon its passage, approval and publication. APPOINTMENTS BY MAYOR TITLE 1, CHAPTER 8, SECTION 1 PAGE 1 OF 2 PASSED by the City Council of the City of Meridian, Idaho, this J day of ri 52016. APPROVED by the Mayor of the City of Meridian, Idaho, this ✓ day of ,j I , 2016. APPOINTMENTS BY MAYOR TITLE 1, CHAPTER 8, SECTION I PAGE 2 OF 2 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 10C PROJECT NUMBER: ITEM TITLE: Ordinance Human Resources Director C. Ordinance No. \�4 - (0 � : An Ordinance of the City of Meridian Repealing Title 1, Chapter 8F, Sections 1 and 2, City Human Resources Department Director; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. 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 ORDINANCE NO. 1 t#' 1�11 °I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE REPEALING TITLE 1, CHAPTER 8F, SECTIONS 1-2, MERIDIAN CITY CODE, CITY HUMAN RESOURCES DEPARTMENT DIRECTOR; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor is the Chief Executive Officer of the City and in that capacity may determine the most efficient and expedient operational needs of the City; and WHEREAS; the Human Resources Department will now be a department of Support Services and shall no longer be managed by an appointed Human Resources Director an enabling ordinance is no longer necessary; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapter 8F, Sections 1-2, Meridian City Code is hereby repealed as follows: 188 1: APPOINTMENT; RAI OF OFFICE: A. The human resourees department direetor shall be appointed by the mayor, with the eonsen4 of the eity eo:bmeil, and shall this -e apterc hold offiee unless removed ptffsuaiit to seetion 1 8 1 eff B. The hiaman reseurees depaAmei4 the duties set �Pafth hefein. Sueh staff resoufoesdepccAment direetor. (Or -d. direetor may shall serve undff 13-i569, in 3 hire staff as may the supffvisien 2013, efF01 2 be required to ea-ffy e of the hum HUMAN RESOURCES DIRECTOR - TITLE 1, CHAPTER 8F, SECTION 1-2 PAGE 1 OF 3 E. Keep ii&ffaed as to the latest praefiees in the hiufaafl resetirees field and , e y andthe public and And strategies to 1W lenient these goals; and G. Attend the meetings the mayof of e}ty eeuneil; of the eity eouneil an to pr-ovidel.m.—i-s-Lifee dvieeasreVestedb employment, eontraet mupleyees and/of volunteers to vIII criminal history is reasonably effTleyee t., 1. Handle have aeeess to seeufe areas, information,reeords; �tt♦'�� /.\= /���/ti.\ 15.E\i.�L�J�. SCJ I�AT��liiif.il ��\�l�lRt• �l�l��..�fS...T��/�.. \�l.S���nT Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. HUMAN RESOURCES DIRECTOR - TITLE 1, CHAPTER 8F, SECTION 1-2 PAGE 2 OF 3 PASSED by the City Council of the City of Meridian, Idaho, this day of p y,' l .52016. APPROVED by the Mayor of the City of Meridian, Idaho, this 5 day of V\) , 2016. ATTEST: APPROVED: Tammy ayor HumAN RESOURCES DIRECTOR - TITLE 1, CHAPTER 8F, SECTION 1-2 PAGE 3 OF 3 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 10D PROJECT NUMBER: ITEM TITLE: Citv Treasurer to Chief Financial Officer D. Ordinance No. 1.6 - I10 b : An Ordinance of the City of Meridian Amending Title 1, Chapter 813, Sections 1-2, Meridian City Code, City Treasurer to Chief Financial Officer/City Treasurer and Repealing Title 1, Chapter 8E, Sections 1-2; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. 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 ORDINANCE NO. �. LQ - I (P � 0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 1, CHAPTER 8B, SECTIONS 1-2, MERIDIAN CITY CODE, CITY TREASURER TO CHIEF FINANCIAL OFFICER/CITY TREASURER AND REPEALING TITLE 1, CHAPTER 8E, SECTIONS 1-2; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor is the Chief Executive Officer of the City and in that capacity may determine the most efficient and expedient operational needs of the City; and WHEREAS; the Chief Financial Officer and City Treasurer has a significant role in the City's operations and management and are best served to encompassed in a single position rather than two; and WHEREAS; the City Council as the governing board of the City have a role and responsibility in the appointment of the Chief Financial Officer/City Treasurer; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 813, Section 1-2 is hereby amended as follows: ARTICLE B. CHIEF FINANCIAL OFFICER /CITY TREASURER 1-813-1: APPOINTMENT; TERM OF OFFICE: 1-811-2: DUTIES: 1-811-1: APPOINTMENT; TERM OF OFFICE: The chief financial officer shall serve as the city treasurer, and shall be appointed by the mayor, with the consent of the city council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-8B-2: DUTIES: The chief financial officer/city treasurer shall have and fulfill all of the duties established by Idaho Code as they may pertain to the city treasurer or the finances of the city, including, without limitation, those duties enumerated in title 18, chapter 57 (public funds and securities); title 50, CHIEF FINANCIAL OFFICER/CITY TREASURER - TITLE 1, CHAPTER 8B, SECTION 1-2 PAGE I OF 3 chapter 2 (city treasurer); title 50, chapter 10 (city finances); title 57, chapter 1 (public depository law), and title 67, chapter 4 (annual audit) of Idaho Code. Additionally, the city treasurer shall: A. Attend, as necessary, sessions meetings of the city council. B. Implement financial policies and plans at the direction of the mayor and city council. C. Advise the mayor and city council on financial policy considerations, and short and long range financial planning. D. Review and analyze financial methods and performance to find ways to increase effectiveness improve results or affect economies in financial activities. E. Analyze budget requests for compliance with appropriate rules, regulations, policies, procedures, budget, and capital improvement plan. F. Develop with the necessary staff, the annual budget amendment, includingatg hering all data, analog results and presenting a final report to the mayor, council and the public. Section 2: That Title 1, Chapter 8E, Section 1-2 is hereby repealed as follows: !}�S:tT��:�:7�E'fllST��'�!Efii!Z!!!T.!!![9-7.i!!'!!5.. ■ CHIEF FINANCIAL OFFICER/CITY TREASURER - TITLE 1, CHAPTER 8B, SECTION 1-2 PAGE 2 OF 3 Section 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this J54 day of A D rt ( 2016. 'nn APPROVED by the Mayor of the City of Meridian, Idaho, this J day of _52016. APPROVED: Tammy e eerd, Mayor ATTEST: n, City erk CHIEF FINANCIAL OFFICER/CITY TREASURER -TITLE 1, CHAPTER 8B, SECTION 1-2 PAGE 3 OF 3 _ .. .. _ Section 3: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this J54 day of A D rt ( 2016. 'nn APPROVED by the Mayor of the City of Meridian, Idaho, this J day of _52016. APPROVED: Tammy e eerd, Mayor ATTEST: n, City erk CHIEF FINANCIAL OFFICER/CITY TREASURER -TITLE 1, CHAPTER 8B, SECTION 1-2 PAGE 3 OF 3 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 1 OE PROJECT NUMBER: ITEM TITLE: Ordinance Support Services Director 1 (0 - I �11 I E. An Ordinance Adding Title 1, Chapter 8E, Sections 1-2, Meridian City Code, Support Services Director; Providing For a Waiver Of The Reading Rules; And Providing An Effective Date 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 ORDINANCE NO. I � - I ( 81 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE ADDING TITLE 1, CHAPTER 8E, SECTIONS 1-2, MERIDIAN CITY CODE, SUPPORT SERVICES DIRECTOR; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Mayor is the Chief Executive Officer of the City and in that capacity may determine the most efficient and expedient operational needs of the City; and WHEREAS; the Support Services Director has a significant role in the City's operations and oversight of the City Cleric's office, Finance, Human Resources, and Information Technology; and WHEREAS; the City Council as the governing board of the City have a role and responsibility in the appointment of the Support Services Director; and WHEREAS; the organizational changes described below are in the best interest of the City of Meridian; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 8E, Section 1-2 is hereby added as follows: ARTICLE E. SUPPORT SERVICES DIRECTOR 1-8E-1: APPOINTMENT; TERM OF OFFICE: 1-8E-2: DUTIES: 1-8E-1: APPOINTMENT; TERM OF OFFICE: The support services director, and shall be appointed by the mayor, with the consent of the city council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-8E-2: DUTIES: The support services director shall manage the following departments of the City: city clerk finance, human resources, and information technology. Additionally, the support services director shall: A. Attend, as necessary meetings of the city council. SUPPORT SERVICES DIRECTOR - TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 1 OF 3 B. Supervise, manage, and oversee the various departments of City Clerk, Finance, Human Resources, and Information Technology. C. Provide professional advice to the city's management team and city council on administrative support services. D. Assist the mayor and city council to develop longterm erm goals for the city and strategies to implement these goals as it relates to each departments of support services. Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this J�day of 4vi 1 , 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2016. APPROVED: ATTEST: � �n,.PjvI-) ,, ,t n °S Tammy�Cle eerd, Mayor Cit C er y pct Vbn�S S _A) SUPPORT SERVICES DIRECTOR -TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 2 OF 3 Meridian City Council Meeting DATE: April 5, 2016 ITEM NUMBER: 1 OF PROJECT NUMBER: ITEM TITLE: -Rem Todd Lavoie F. ointin Todd Lavoie as Chief Financial Officer/City Treasurer of the City of Meridian 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: April 5, 2016 ITEM NUMBER: 1 OG PROJECT NUMBER: ITEM TITLE: 44eee4fffiew,laycee Holman ,,0-r,,,.e-n �-- rs�it�-Pfr Appointing Jaycee Holman as Support Services Director of the City of Meridian. 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: April 5, 2016 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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