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HomeMy WebLinkAbout2016-05-24IDIACITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 24, 2016 at 6:00 PM6:02 PM 1. Roll -Call Attendance _ Anne Little Roberts X Joe Borton _ Ty Palmer ® Keith Bird Genesis Milam _ Luke Cavener ® _ Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation Rocky Mountain High School Golf State Champions Day 6. Consent Agenda Approved A. Approval of the May 10, 2016 Workshop Meeting Minutes B. License Agreement Between the City of Meridian and the Nampa and Meridian Irrigation District Regarding a Pathway for the Purdam Drain Located Within the Baray Subdivision No. 1 C. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Biolife Plasma Services for a Not -to -Exceed Amount of $1,000.00 D. CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and New Horizon Academy for a Not -to -Exceed Amount of $500.00 E. Development Agreement for Swindell Subdivision (RZ-15-011;AZ-15- 010;PP-15-013;A-2016-0072) with Volante Investments, LLLP located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the SE 1/4 of Section 18, Township 3 North, Range 1 East Meridian City Council Meeting Agenda Tuesday, May 24, 2016 — Page 1 of 4 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. F. Approval of Acceptance Agreement for Artist Tim Murphy to Exhibit 3D Works in Initial Point Gallery G. Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove Road Vacated from the agenda H. Final Plat for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory Road. Request: Final Plat Consisting of Twenty -Three (23) Single -Family Residential Lots and Five (5) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District 1. Resolution No. 16-1142: A Resolution to Amend the City of Meridian Standard Operating Policy and Procedure Manual to Add a New Policy 1.3: Establishment of City -Wide Policies J. Resolution No. 16-1143: A Resolution to Declare Surplus Property of the City of Meridian to Various Governmental and Non -Profit Agencies 7. Community Items/Presentations A. City of Meridian Scholarship Presentations B. Mayor's Office: Mayor's Youth Advisory Council Update - Final Report for the 2015-2016 School Year and Farewell to Seniors Presentation C. Continued from May 17, 2016: Dairy Board Request for Cost Share for the Annual Dairy Days Parade D. Meridian Arts Commission Recommendations for Traffic Box Wrap Artworks and Locations for FY16 E. Mayor Tammy's Walking Club Update 8. Items Moved From the Consent Agenda None 9. 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 Staffs 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. Meridian City Council Meeting Agenda Tuesday, May 24, 2016 — Page 2 of 4 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. A. Public Hearing Continued from May 3, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat Applicant requests to continue to June 28, 2016 B. Public Hearing Continued from April 26, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane Applicant requests to continue to June 28, 2016 C. Public Hearing for Granton Square Subdivision No. 2 (H-2016-0034) by Granton Square Properties, LLC Located 1714 E. Challis Street 1. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots and One (1) Common Lot on 0.28 of an Acre of Land Zoned R-8 Approved D. Public Hearing for Fairview Lakes (H-2016-0044) by Grace at Fairview Lakes Located North Side of E. Fairview Avenue, Midway Between N. Meridian Road and N. Locust Grove Road 1. Request: Modification to the Development Agreement to Change the Use on the Northern Portion of the Site from Apartments to an Assisted Living and Memory Care Facility Approved E. Public Hearing for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. Request: Annexation and Zoning of 40.88 Acres of Land with an R-8 Zoning District 1. Request: Preliminary Plat Approval Consisting of 197 Residential Building Lots and 33 Common Lots on 40.88 Acres of Land in a Proposed R-8 Zoning District Approved ih Conditions Meridian City Council Meeting Agenda Tuesday, May 24, 2016 — Page 3 of 4 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. F. Public Hearing for Third Street Square Subdivision (H-2016-0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O -T Zoning District Continued to June 7, 2016 10. Department Reports A. Continued from the May 10, 2016 City Council Meeting: Parks and Recreation Department: State/Local Agreement Project No. A013 (918) Rail With Trail Pathway Between the City of Meridian and the Idaho Transportation Department Regarding the Referenced Federal Aid Project for a Rail with Trail Pathway in Fiscal Years 2018 and 2019 for the Not -to - Exceed Amount of $501,000.00 Approved B. Community Development Department, Building Services Division Report: Repeal of Height Restriction for Detached Accessory Structures (Sheds) 11. Ordinances A. Ordinance No. 16-1691: Repealing Meridian City Code Section 10-1-3(G), Height Limits on Detached Accessory Structures Approved B. Ordinance No. 16-1692: An Ordinance (Swindell Subdivision RZ-15-011; AZ -15-010) For Annexation And Rezone Of Parcels Of Land Located In The Southeast '/4 Of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut And C -G (General Commercial) To C -C (General Retail And Service Commercial) District In The Meridian City Code Approved C. Ordinance No. 16-1693: An Ordinance of the Mayor and City Council of the City of Meridian Amending Meridian City Code as Codified at Title 8, Section 6, Entitled the Public Works Construction Standards, Adding the City of Meridian Public Works Design Standards; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Approved D. Resolution No. 16-114: A Resolution of the Mayor and City Council of the City of Meridian Adopting Public Works Design Standards for the City of Meridian; and Providing an Effective Date Approved 12. Future Meeting Topics None Adjourned t 10:26 PM Meridian City Council Meeting Agenda Tuesday, May 24, 2016 — Page 4 of 4 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. • Item #9A: Browning Plaza (H-2016-0008) — Applicant requests continuance to June 281h (working wIACHD on the off- site improvement issues) • Item #9B: Waltman Property (H-2016-0038) — Applicant requests continuance to June 28th (working wIACHD on the i`improvement Item #9C: Granton Square Subdivision No. 2 (H-2016-0034) Application(s): ➢ Combined preliminary/final plat Size of property, existing zoning, and location: This site consists of 0.28 of an acre of land, is currently zoned R-8, and is located at 1714 E. Challis Street. History: In 2014, this property was included in the annexation & preliminary plat for Granton Square. A development agreement was required as a provision of annexation. In 2015, a final plat was approved which included the subject property as Lot 6, Block 2, Granton Square Subdivision. Comprehensive Plan FLUM Designation: MDR Summary of Request: A combined preliminary and final plat is proposed consisting of 2 building lots & 1 common lot on 0.28 of an acre of land in the R-8 zoning district for Granton Square Subdivision No. 2. The proposed subdivision is a re -subdivision of Lot 6, Block 2, Granton Square Subdivision. The proposed plat complies with the dimensional standards of the R-8 district. Access is proposed via existing local streets. Future structures on these lots are required to comply with the elevations included in the DA. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Kirsti Grabo ii. In opposition: None iii. Commenting: None iv. Written testimony: Kirsti Grabo, Applicant's Representative (in agreement w/staff report) Key Issue(s) of Discussion by Commission: I. None Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: I. None Written Testimony since Commission Hearing: Kirsti Grabo, Applicant's Representative (agrees w/Commission recommendation) Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0034, as presented in the staff report for the hearing date of May 24, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0034, as presented during the hearing on May 24, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0034 to the hearing date of May 24, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9D: Grace at Fairview Lakes (H-2016-0044) Application(s): ➢ Development Agreement Modification Size of property, existing zoning, and location: This site consists of 24+/- acres of land, zoned R-15, R-40, C -N and C -G, located on the north side of E. Fairview Avenue, midway between Locust Grove & Meridian Roads. History: In 2002, this property was annexed with the requirement of a DA; a CUP/PD was also approved which included a conceptual development plan for the entire site. Since that time, the development plan associated with the CUP/PD has been modified several times; the last of which, staff noted that the DA was not consistent with what had actually been developed on the site and with the current zoning. Summary of Request: The proposed modification to the development agreement is basically to "clean-up" the agreement to reflect the uses and zoning boundaries that have been approved to develop on the site since the DA was recorded in 2002. Originally, the northern 9+/- acres of the site, which was zoned R-40 at the time, was approved to develop with a 192 -unit apartment complex; no changes in the uses were allowed without modification to the DA. Since that time, an assisted living facility & assisted living units have been approved instead of apartments. A rezone of a portion of the R-40 area was also approved to R-15. Written Testimony: Doug Tamura, Applicant (in agreement w/staff report) Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0044, as presented in the staff report for the hearing date of May 24, 2016: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0044, as presented during the hearing on May 24, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0044 to the hearing date of May 24, 2016 for the following reason(s): (You should state specific reason(s) for continuance.) Item #9E: Whiteacre Subdivision (H-2016-0019) Application(s): ➢ Annexation and Zoning ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 40.88 acres of land, currently zoned RUT (Ada County), and located near the southwest corner of N. Meridian Road and W. McMillan Road. Comprehensive Plan FLUM Designation: MDR Summary of Request: The applicant has submitted an application for annexation and zoning (AZ) of 40.88 acres of land with an R-8 zoning district; and a preliminary plat (PP) consisting of 197 building lots and 33 common lots. The applicant proposes to develop this site with a gross density of 4.8 dwelling units per acre (d.u./acre) and a net density of 7.7 d.u./acre, which is consistent with the density desired in MDR designated areas. 4.33 acres (or 10.6%) of qualified open space is proposed consisting of parkways along some of the local streets, % the street buffer along N. Meridian Road, the shared use pathway along the White Drain, the micropath lot and internal common open space areas. Staff is requiring two additional micropath connections, one from W. Fallen Leaf Drive to N. Elsinore Avenue and one from W. Kaibab Trail Street to N. Meridian Road. The applicant proposes to provide a tot lot, a segment of the City's multi -use recreational pathway and pathways through internal common areas. Staff believes that additional amenities are warranted due to the size of the development; therefore staff is recommending that a covered picnic area be added to the open space lot, Lot 1, Block 3. The property is proposed to develop in 5 phases, starting at the south-east corner, as shown on the phasing plan. In general staff is supportive of the proposed phasing plan however; staff recommends the applicant change the phasing boundaries and constructs the entire frontage of N. Meridian Road, construct the multi -use pathway along the south boundary of the site and remove the direct access to N. Meridian road for the existing home with the first phase. The gross density for the subdivision is 4.8 d.u./acre with a net density of 7.7 d.u./acre. The average lot size is 5,636 square feet. There is an existing home and associated outbuildings on the site that are proposed to remain and become part of the proposed subdivision. Access is proposed for this site via one access from N. Meridian Road and via the extension of existing stub streets from Ambercreek (N. Ambercreek Ave. & N. Alester Ave.) and Cedar Springs (W. Fallen Leaf Drive, and N. Elsinore Ave.). The entry street (W. Halpin Street) off of N. Meridian Road aligns with E. Halpin Drive on the east side of Meridian. The applicant is also proposing a centrally located alley as well as eight (8) common driveways. The applicant is also proposing a vehicular and pedestrian bridge over the White Drain (Elsinore Avenue). A 25 -foot wide street buffer is required along N. Meridian Road, an arterial street. Staff recommends this buffer and the detached sidewalk be constructed with the first phase of development. The applicant is requesting that construct buffer in accord with the proposed phase. However they have agreed to construct a temporary 5-doot wide asphalt shoulder with extruded curb so the property can continue to be farmed until the later phases are constructed. A minimum of 10% qualified open space is required. Based on the area of the preliminary plat (40.88 acres), a minimum of 4.08 acres of qualified open space is required to be provided as set forth in UDC 11 -3A -3B. A total of The White Drain runs along the southern border of the site within a 70 -foot wide Settler's Irrigation District easement, and the Coleman Lateral runs along the western border of the site within a 39 -foot easement (15 feet of which was created as a common lot in the adjacent Cedar Springs Subdivision).The Coleman Lateral was piped as part of the Cedar Springs Subdivision. They are proposing a portion of that to be in two (2) common lots. The applicant requests a waiver from Council to allow the White Drain to remain open due to its large capacity and proposes to provide a bridge over the drain for a vehicle/pedestrian crossing. Because homes on lots that back up to N. Meridian Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Staff feels that the plat as proposed by the applicant should be improved in the following ways: 1. Provide a micropath connection from W. Fallen Leaf Drive to N. Elsinore Avenue 2. Provide a picnic shelter and seating area on Lot 1, Block 3 to complement the proposed play structure. 3. Move N. Ambercreek Avenue (section between W. Halpin Street and W. Wanda Street)100 feet to the east so that the road provides better pedestrian access to the park. 4. Provide a micropath connection from W. Kaibab Trail Street to N. Meridian Road. 5. Staff recommends that Lots 18-21, Block 8 be reconfigured so that two lots take access from N. Elsinore Way and two lots take access from N. Price Place. Additional comments: Staff received a letter from West Ada School District citing the following concerns: 1. Approval of the Whiteacre Subdivision will significantly impact school enrollments at the elementary, middleschool and high school levels in West Ada School District. 2. Based on U.S. Census data, we can predict that these homes, when completed will house 158 school aged children. 3. Revenue support from developers of new residential subdivisions for the purchase of the school sites necessary to serve the proposed subdivision is required. 4. West Ada School District estimates the revenue required for the purchase of future school sites is $830.00 per new home constructed. The approval of Whiteacre Subdivision will create the need for $163,510 in revenue to purchase the school sites this subdivision will require. Commission Recommendation: Approval with conditions a. Summary of Commission Public Hearing: i. In favor: Kent Brown ii. In opposition: None in. Commenting: Randy Gile iv. Written testimony: None v_. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Key issue(s) of Public Testimony: i. Configuration of the northwest corner of the proiect and timing of the development of those lots. c. Key Issues of Discussion by Commission: i. Configuration of the northwest corner of the project and timing of the development of those lots. ii. Having one side of the park be vehicle access and one side of the park be walking access. iii. Timing of the construction of the park. iv. The applicant's request to obtain several building permits prior to recording of the final plat. v. Timing of the sidewalk along Meridian Road. A. Location of the alley -loaded homes and the potential parking issues with their proximity to the park. vii. The complications in installing the sidewalk, and landscape buffer and allowing the property to be farmed until development is completed. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1J (See condition 1.1.1J for changes) ii. Add condition 1.1.1 K (See condition 1.1.1 K for changes) iii. Modify condition 1.1.2C(3) (See condition 1.1.2C(3) for changes) iv. Modify condition 1.1.2C(5) (See condition 1.1.2C(5)for changes) v. Add condition 1.1.1 L (See condition 1.1.1 L for changes) e. Outstanding Issue(s) for City Council: L Allowing the White Drain to remain open. ii. Allowing for several building permits prior to recording a Final Plat. Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0019, as presented in the staff report for the hearing date of May 24, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0019, as presented during the hearing on May 24, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reasons) for continuance) Item #9F: Third Street Square Subdivision (H-2016.0031) Application(s): ➢ Preliminary Plat Size of property, existing zoning, and location: This site consists of 1.737 acres of land, zoned 0-T, located on the east side of NE. 31d Street, north Franklin Road (parcel #R1042150863), History: In 2015, the subject property was granted certificate of zoning compliance and design review approval (A-2015-0034, Third Street Square Apartments) to construct 7 buildings with a total of 28 units. Comprehensive Plan FLUM Designation: 0-T Summary of Request: The applicant has applied for a preliminary plat consisting of seven (7) building lots and one (1) common lot on 1.737 acres of land in the 0-T zoning district. The property has received approved to develop with a 28 unit multi -family development. The multi -family development was approved in 2015 (CZC# A-2015-0090), and conforms to the dimensional standards of the 0-T zoning district and the standards set forth in UDC 11-4-3-27. Access to this site is proposed via an existing access from NE 3rd Street. Cross access agreements are required to be in place to parcels #(s) R1042150852, R1042150870 and R1042150856 prior to certificate of occupancy of the first structure on the site. With the final application, the applicant shall provide the recorded copy of the cross access agreement or add a note on the face of the plat the designates Lot 1, Block 1with a blanket cross access/shared parking area for the proposed development and to the adjacent parcels noted above. As part of the certificate of zoning compliance application in 2015 (A-2015-0090), the applicant has been approved to install a 5 -foot sidewalk along the north side of the drive aisle. A 5 -foot wide detached sidewalk is required to be installed along the NE 31d Street. Amenities for the proposed development will consist of a clubhouse, a community garden and a children's play structure. These amenities meet the requirements of the UDC. Written Testimony since Commission Hearing: None Commission Recommendation: Approval with conditions Summary of Commission Public Hearing: i. In favor: Penelope Riley ii. In opposition: At Fleming, Patricia Yost iii. Commenting: At Fleming, Patricia Yost iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Bill Parsons b. Kev issues) of Public Testimony: I. Concerns about the limited access to the apartment development. ii. Concerns about continued supply of irrigation water to the surrounding properties. iii. Pedestrian safety entering the apartment complex. iv. Splitting of the lots into individual parcels v. Maintenance of the buildings and who will maintain the property vi. The requirement to provide cross -access to the surrounding parcels for future connectivity. vii. Adequate parking for the apartments. C. Key Issues of Discussion by Commission: viii. The HOA for the apartments should maintain the irrigation facility. ix. Ensuring that the color schemed for the apartments are consistent with the surrounding neighborhood. di. Commission Change(s) to Staff Recommendation: I. Add condition 1.1.6 (See condition 1.1.6) f. Outstanding Issue(s) for City Council: iii. None Notes: Possible Motions: Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0031, as presented in the staff report for the hearing date of April 21, 2016, with the following modifications: (Add any proposed modifications to conditions) Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0031, as presented during the hearing on April 21, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0031 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance) Meridian City Council May 24, 2016 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 24, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Ty Palmer, Genesis Milam, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Bruce Chatterton, Josh Beach, Berle Stokes, Mark Niemeyer, Clint Dolsby, Ken Corder and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Well, thank you for joining us. We appreciate you being here. For the record it is Tuesday, May 24th. It's a couple minutes after 6:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 1 is the Pledge of Allegiance. If you will all join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment reflection. Woodard: Well, I enjoyed the music to kick things off tonight. That was different. I want to wish you all a very happy Memorial Day weekend that's coming up. De Weerd: Thank you. Woodard: But let's pray. Our Dear Heavenly Father, Meridian is now the second largest city in Idaho and it's led by a thoughtful Mayor and City Council that puts you first. I thank God every day that we have leaders like this. Tonight before the business of a growing city is discussed I pray for our city and now that we are Meridian City Council May 24, 2016 Page 2 of 86 getting much larger crime is also becoming more common. I pray for our police who must deal with this challenge to keep our city safe. I pray for our other emergency personnel who stand ready to help our citizens in time of emergency. Keep our police in particular safe and be with their families. Recently with the purchase of the YMCA and the completion of the Boys and Girls Club we have new facilities for our youth this summer and year around. May these places be a place where our youth can find friends and mentoring as they grow towards adulthood. With the rapid growth of new people to Meridian -- I have read three percent annually -- this brings additional pressure on our infrastructure. Roads, schools, utilities, et cetera. May this Council and its employees be one step ahead on all of this, so that our city remains a clean and friendly place to live. We pray tonight for our nation as a whole as we enter into another election cycle. May good people be elected to our higher offices and we pray for the safety of our nation. I pray tonight for the families of our National Guard members who have been deployed overseas. Many are from Meridian. Many anxious days are ahead for our young men and women, along with their families. Comfort them and keep them safe. Because they are often overlooked, I pray for our city employees, such as our planners. They work quietly at their jobs and yet through their efforts the city grows in a logical manner and in a safe way. We pray for a couple of upcoming improvements to our road system that will be disruptive to many residents for a while, but when completed will make travel in Meridian much safer. I'm thinking specifically about Meridian Road and Chinden. Keep workers and commuters safe during this construction period. May wise decisions continue tonight during this Council meeting, in Jesus' name, amen. De Weerd: I think, Larry, I'm just going to have you give the State of the City. Woodard: Well, right now it's pretty good. Item 4: Adoption of the Agenda De Weerd: Thank you for joining us. Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda Item 6-G, staff has requested that we vacate this from the agenda. Item 6-I, the resolution number is 16-1142. Item 6-J, the resolution number is 16-1143. Item 9-A has been asked to be continued until June 28th, 2016. Item 9-B has also been requested to be continued to June 28th, 2016. And 11-A, ordinance number is 16-1691. 11-B, ordinance number is 16-1692. Item 11-C, ordinance number is 16-1693. Item D is 16-1144. With that I move we approve the amended agenda. Borton: Second. Meridian City Council May 24, 2016 Page 3 of 86 De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 5: Proclamation Rocky Mountain High School Golf State Champions Day De Weerd: Council, one of the -- and those in attendance, one of the pleasures that we have is being able recognize student athletes when they have achieved some really amazing and impressive milestones and tonight we have our Rocky Mountain High School golf state champions with us tonight, as well as their coach Mike McCrady. They are from -- they are the Grizzlies and I was privileged -- a little tidbit of information. I got to help name the mascot for Rocky Mountain when they were first opened. So, if you don't like Grizzlies I guess you can blame me, but I think the Grizzlies have really done us proud here in the city of Meridian with a number of their champions and we are just very grateful to have our golf team and so I'm going to move down to the podium and I would invite the golfers and the coaches to join me there. I'm going to read this proclamation and, then, I will ask if each of you will introduce yourself and tell us what grade you're in and, then, I will ask the coach to give a couple of remarks. Now, this may not mean anything to you today, but I do have a proclamation that I will be giving to your coach that lists all the names of the golf team. I don't have that in what I will read today, but it will be in the public record, so if some day you want to show your kids the public record that recognized this was your day named in your favor -- or in your honor, you can do so. So, with that said: Whereas being a Rocky Mountain golf player is more than hitting fairways and greens, making par, and having a perfect swing, it is training to build leadership, character, confidence, teamwork and resilience, traits needed to succeed on the course, in the classroom, and in the real world and whereas the Rocky Mountain golf team posted a final score of 587 at the 2016 state champion tournament for golf and whereas their hard work, determination and teamwork resulted in a 30 stroke victory over the defending state champions to bring home the 2016 state golf title and whereas capturing the state title builds spirit and allows these student athletes to walk the halls of Rocky Mountain with a little extra swagger and whereas the leadership, training and discipline of their coaches help all team members to focus their talents and passion to become a winning team, with each player making valuable contributions to their victory, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do proclaim Rocky Mountain High School golf state champions day here in the city of Meridian and I call upon our community to join me in congratulating the Grizzlies on their remarkable athletic achievement and for representing Meridian so proudly in the state tournament. So, I would like to present this to your coach and, then, invite each of you to introduce yourself. Meridian City Council May 24, 2016 Page 4 of 86 Barry: My name is Carson Barry. I'm a sophomore at Rocky Mountain. Reinke: My name is Drew Reinke and I am also a sophomore at Rocky Mountain. Bernard: My name is Henry Bernard and I'm a graduating senior at Rocky Mountain. Downs: My name is Ranger Downs and I'm a junior at Rocky Mountain High School. Tidd: My name is Sam Tidd. I'm also a sophomore at Rocky. Gordon: I am Allison Gordon and I am one of the coaches. McCrady: First off, I just want to say thank you so much for honoring these young men for all their hard work. This is definitely about the school that we represent and the city that we represent. Finally brought a championship for boys golf to Meridian, Idaho, instead of Eagle, which makes us very happy. But these guys just -- they worked their tails off and they are just an exceptional bunch of young men and the beauty of this is we are only losing one of them, but he has done well that he's moving on to the next level and he's going to play college golf at NNU, which is incredible. So, Henry Bernard, our senior, we are going to miss you, but these kids just are awesome and they are just such a good bunch of guys and we are just privileged and honored to have all the families and parents that back us up and support us. We are definitely a family and it's been a neat part of this community and, hopefully, we can bring back more of these, so thank you very much. De Weerd: Well, I, too, would like to thank the parents. I know one of our city council women -- her son is a golfer. We know the commitment that it takes and we appreciate you supporting your student here today. It was great hearing the -- these young men introduce themselves and talk about the grade level they are in, because we might see them back again next year. I am sorry, Anne. There is Mountain View behind you. But, again, our heartfelt congratulations to the golfers, the coaches, the families, to the school, to your community. So, thank you so much for joining us tonight. Item 6: Consent Agenda A. Approval of the May 10, 2016 Workshop Meeting Minutes B. License Agreement Between the City of Meridian and the Nampa and Meridian Irrigation District Regarding a Meridian City Council May 24, 2016 Page 5 of 86 Pathway for the Purdam Drain Located Within the Baray Subdivision No. 1 C. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and Biolife Plasma Services for a Not-to-Exceed Amount of $1,000.00 D. CableONE Movie Night in Meridian 2016 Single-Night Sponsorship Agreement Between the City of Meridian and New Horizon Academy for a Not-to-Exceed Amount of $500.00 E. Development Agreement for Swindell Subdivision (RZ- 15-011;AZ-15- 010;PP-15-013;A-2016-0072) with Volante Investments, LLLP located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the SE 1/4 of Section 18, Township 3 North, Range 1 East F. Approval of Acceptance Agreement for Artist Tim Murphy to Exhibit 3D Works in Initial Point Gallery G. Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove Road H. Final Plat for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory Road. Request: Final Plat Consisting of Twenty-Three (23) Single-Family Residential Lots and Five (5) Common Lots on Approximately 4.69 Acres in the R-8 Zoning District I. Resolution No. 16-1142: A Resolution to Amend the City of Meridian Standard Operating Policy and Procedure Manual to Add a New Policy 1.3: Establishment of City- Wide Policies J. Resolution No. 16-1143: A Resolution to Declare Surplus Property of the City of Meridian to Various Governmental and Non-Profit Agencies De Weerd: Item No. 6 is our Consent Agenda. Bird: Madam Mayor? Meridian City Council May 24, 2016 Page 6 of 86 De Weerd: Mr. Bird. Bird: As stated earlier, Item 6-G has been requested to be vacated from the agenda. Item 6-I is resolution number 16-1142 and Item 6-J is resolution number 16-0043 and with that I move that we approve the amended Consent Agenda for the Mayor to sign and the Clerk attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Community Items/Presentations A. City of Meridian Scholarship Presentations De Weerd: Okay. I am moving back down to the podium. This is an awesome, time you know, with the champions from Rocky Mountain, but also with many of the youth members that have been engaged in our community -- I won't promise to not get emotional. I will do my best not to, but I can almost guarantee you I won't. But I will tell you that youth are a priority in our community and it's -- it's shown in a lot of different ways from a lot of different community partners and I'm just proud to be part of a community that celebrates the achievements of their youth and that embrace the leadership of our youth as well and you will hear why I say that when I read some of the descriptions on this next item under our scholarship presentation. The City of Meridian has been celebrating our student leaders that have given back to our community time and time again through these youth scholarships. These are funded by our sponsors at the State of the City and we appreciate those sponsors that invest in the future of our youth and want to also invest in those youth that have invested in our community. We had a panel that myself and Ken Corder in my office removed ourselves from, because while all the names are redacted, we know many of these students so well it's hard not to know who they are, so we did have a panel that wouldn't know these youth members and I can tell you every one of the students that applied for this scholarship were very deserving. It gives me such confidence in the future, especially you graduating seniors that I will be talking to in a little bit, that while you go away and go to college and spread your wings, we do expect you to return, so -- and this is not bribery to the seniors that are being presented Meridian City Council May 24, 2016 Page 7 of 86 to today, we just hope that you know that this is a community that wants to invest in you, because you have invested in us. So, the first one I will recognize and I would -- well, I won't make you stand next to me while I read this, because that probably would be miserable. But it's -- and Brianna Ramirez -- if I said that wrong I apologize. Awesome. So, she is graduating from Meridian High School. She is currently the president of the National Honor Society at Meridian High School and is active in other social clubs and activities that directly impact the City of Meridian. Brianna has spent over a hundred hours in community service, which included Teens Against Tobacco Use, Idaho Drug Free Youth, Link Crew and SLAM where she visited elementary schools during lunch to play games with kids. She has devoted her personal time and even her Christmas to people in need during the holidays feeding the homeless, providing necessities and is using her talents as singing and sewing to enrich the lives of others. Brianna will be going to Brigham Young University in the fall and plans to study science to continue her work in the dental field as a hygienist. Brianna, if you will, please, join me up front. I would like to certainly, again, offer you our heartfelt congratulations and as this is a -- read in recognition of your high level of community involvement, academic merit, and outstanding leadership potential, both current and what we know you will do in the future to come. So, congratulations and thank you for joining us. So, at the end I'm going to ask all the recipients to step outside. We will have envelopes that will detail how you can get your scholarship funds to your school. Okay? Thank you again. De Weerd: Melinda Westerdorff -- Westindorff. Thank you. She is graduating from Cole Valley Christian and has maintained a 4.0 all four years. Melinda is active in her church and has held student body positions as secretary-treasurer and representative in your school. She has been an active mentor in the community with the Timothy Project, coaching summer volleyball and basketball camps and devotes her time in helping the homeless and people in need in the Treasure Valley. She has spent the last four years volunteering with KTVB care day helping to benefit Idaho Food Bank. Her desire to help others will continue as she pursues a degree in biology and continues her education in pre-med to become a surgeon. She would like to work with Doctors Without Border where she can satisfy her love of travel and commitment to helping others around the world. And certainly Doctors Without Borders is one of my husband and I's charity of choice, so it makes me feel even better donating to that cause knowing that I will be supporting someone like you, Melinda. If you will, please, join me up front. You know, one of the things I didn't ask, would you like to say a few words? Westindorff: Oh, man. I just want to say thank you so much to the Meridian City Council for choosing me for this award. I'm extremely honored. I will be putting this money to good use. I will definitely work hard next year in college and I'm just so grateful for this and thankful. Thank you. Meridian City Council May 24, 2016 Page 8 of 86 De Weerd: So, Brianna, would you like to say a few words? I know I'm putting you on the spot, but this is your -- your, what, 15 seconds in fame. Ramirez: I just wanted to say that I was really grateful for all the community service opportunities that I did have, because they led me to where I am today and the opportunity to apply for this scholarship and I'm just really grateful and honored for receiving this, so thank you. De Weerd: Okay. These other two are going to be a little bit more difficult. Okay. Maybe I just need to have someone else do this. Okay. Brianna Siddoway is graduating from Rocky Mountain High School. She has been active -- very active in the Mayor's Youth Advisory Council for three years and served as vice-chair on the community service subcommittee. She certainly is driven to help other teens make wise choices through peer interactions with MYAC, Treasure Valley Youth Safety Summit, Alive After 25, and Celebrate My Drive event. In her personal time she has volunteered with the Idaho Food Bank and Toys For Tots and has worked with the deaf community since 2013 where she has built relationships and developed an interest in her future career goals. She will be attending Brigham Young University in the fall for one year, then, transfer to Utah Valley University where she will major in American Sign Language. She intends to work as an interpreter for Video Relay Service and I can tell you that this young lady has certainly blossomed through her involvement in MYAC, but also you see her heart worn on her sleeve as she gets involved in the community in giving back to a community that she truly shows she loves in everything she does. So, please, join me in congratulating Brianna Siddoway. Siddoway: Okay. Well, I'm just so incredibly grateful to be able to get this scholarship and MYAC -- gosh, you can't start crying. It just goes on. It has blessed my life incredibly and I'm so grateful for it and grateful for this opportunity that I have to be able to apply for this scholarship and grateful also to be able to serve the community more and know that I am leaving an impact on people's lives. De Weerd: Okay. Hannah, I'm working on this one. So, Hannah is graduating from Rocky Mountain High School. She -- she has been a very active member in the Mayor's Youth Advisory Council and can tell you she was also in my Mayor's CEO Book Club. Still remember that note card you wrote me. Touched my heart -- since 2014 and has served as a Teen Activities Council chair and secretary. She was a member in MYACs STAND grant activities, helped write the grant, and volunteered at numerous community events as a MYAC member. She has served on the Meridian Parks and Recreation Commission and as a page in the Idaho Senate for Senator Winder. At school she is active in NHS and Key Club, volunteering her time at Cable One Movie Night in Meridian, Read With Me, the Idaho Food Bank, March of Dimes and the American Heart Association. She also volunteers at Discovery Center of Idaho. She intends to attend Boise State University in the fall where she will major in business administration and minor in Meridian City Council May 24, 2016 Page 9 of 86 political science. She would like to run for Meridian City Council someday in the future and I think she would be excellent and, then, pursue or as she does that pursue a career as an attorney to give back to the community and serve the community which she loves. So, please, join me in congratulating Hannah Struvick. Struvick: Thank you, Mayor Tammy and City Council. I am very grateful and blessed to have lived in the City of Meridian and I wouldn't be the same without its leaders and its programs that have made me into the person I am today. I hope to -- I hope to give back to Meridian and with this scholarship funds I plan to attend Boise State, but not spread my wings too far and come back here and hopefully make some other teenagers days and life a little bit better and I'm really appreciative for the passion that our city and the priority that our city has of our youth. B. Mayor's Office: Mayor's Youth Advisory Council Update - Final Report for the 2015-2016 School Year and Farewell to Seniors Presentation De Weerd: I'm going to turn this over to Brianna for our last update for the Mayor's Youth Advisory Council and, then, we will have a special presentation for our seniors in the Mayor's Youth Advisory Council to send them off. Siddoway: I promise I will try and cry again. Madam Mayor, Members of the Council, for the record my name is Brianna Siddoway and I will be giving the final update of the Meridian Mayor's Youth Advisory Council of the year from 2015 to 2016. I just want to say that I am so honored to have been able to do this. Okay. I promise you I can get this. Oh, it changed. Okay. So, one of our recent activities was at the wastewater recovery facility and we were able to have the MYAC'ers take a tour. Through this tour we were able to gain a better understanding and appreciation for all that people do at this wastewater recovery facility. We are planning to take MYAC'ers there every year and they will be able to become ambassadors for water resources and learn more about the STEM careers that you can apply for and this also helps to promote the Public Works Week. Okay. So, we had our annual end of year fundraiser, which is Ball at the Hall. This was such a fun activity. We held it here at City Hall and we raised 1,357 dollars just from the door and silent auctions and we used those to help fund raise the rest of our trip to DC and future events as well and we were able to honor Jeff and Meegan Yarnall, who are the owners of the Meridian Dutch Bros, by crowning them king and queen of Ball at the Hall for the year 2016 and it was a great experience and party. Officer Gomez was our DJ and it was such an exciting event and friendly event for everyone who -- who attended. Oh, yes, you're going that for -- okay. So, now I'm going to show you this video about our National League of Cities sponsorship video. (Video played. ) Meridian City Council May 24, 2016 Page 10 of 86 Siddoway: So, I, myself, would just like to really thank our sponsors and for -- you know, we definitely would not have been able to make our trip to NLC in Washington DC a possibility without their help and, you know, we hope that people will recognize them throughout Meridian and that they will know how grateful we are for their time spent helping as the Mayor's Youth Advisory Council. Okay. So, with our participatory budgeting I just wanted to give you a short little update. We are working with the parks and recreation department and we are working to find a location for the adult and teen gym equipment, which was what the MYAC'ers had voted on doing and once we have more information we will share that with you and we are really looking forward to this. Okay. So, Ken asked me to talk about the influence that MYAC has had on me and -- I knew I couldn't do this. When I started in MYAC I kind of had my own little shell and I was afraid to kind of get out there and share my opinion, but after, you know, many -- many people, including my parents and my friends, you know, they encouraged me and they were pushing me to do more things and to become stronger. They -- I have been able to then -- to be put in this position and it has allowed me to make amazing decisions, I believe, and I feel like it has truly blessed my life. So, in 2014, November, I was able to attend the National League of Cities in Austin, Texas. Here I was able to learn tons and tons of new ways to represent MYAC throughout the community. I have more leadership skills and it really strengthened my relationship with -- with members of MYAC at the time. I was definitely kind of coming out of the box and pursue changing my own attitude and the attitudes of others especially. We are more inviting seeing everyone from the beginning of the year and, then, watching them as they grow and become more of their own individual. That has been such an important theme that I -- I really wanted to pay attention to here and I have been able to do that and I think that it was such a -- a great experience. I was able to do the Dutch Bros CPR training with the help of Yarnalls and the American Heart Association and I not only taught myself, but thousands of other people throughout Meridian how to do hands-only CPR and it was such a great experience and helped me to draw closer to friends and people in the community. Also, I was able to attend the Treasure Valley Youth Safety Summit I would say four times, I believe, and each time I always -- always learned something new and for the past two years being able to plan the event and -- and make decisions about who would be presenting and what activities they would do. It's -- it's amazing to have that opportunity to do that. So, then, this year -- in March we were able to go to NLC, the National League of Cities, in Washington DC and we had this joke, because we went to this first time welcome, because it was a breakfast, why not go. And -- and everyone else on the executive council had not been to and so you can see in the top right-hand corner that was my second one, so -- because there was my second one. And, then, you know, being able to go there with the Mayor and Ken and Stephanie. It was such -- such a great experience and definitely drew closer to everyone. My best friend and I, Susanna, we kissed all the monuments that we could and -- I know. You can see it on the bottom right-hand corner. It was such -- such a great Meridian City Council May 24, 2016 Page 11 of 86 experience and I learned so much about the government, being able to tell if it's the White House and the capital. It was amazing all around and I would never ever change that for anything. Some more about NLC. Even though it was definitely testify exhausting, you know, one day you can see we walked 13.8 miles and I was about very tired -- you know, you can see that picture of me napping outside of the Library of Congress. You know, but all in all it was such -- such an amazing experience and I was able to draw closer to everyone and I know that all of those -- not only the numbers of the executive council, but everyone in MYAC, but I know that I will have relationships with them in the future and -- because of our strength that we had an NLC, it just strengthened us so much at the core and kind of said this multiple times but he says that this is one of the strongest executive councils that he feels that we have had and I see that. It's such a blessing and a compliment to each and every one of us. Also, just some other things. You know, teaching the Mayor how to take selfies was always exciting. Also being able to be put in the Meridian Press. I was able to do that a few times and, you know, my grandma would always be super excited -- hey, guess what, my granddaughter is in the newspaper, you know, and it was such -- it was so fun and, you know, you can see in the bottom right-hand corner that's when we started out last -- last year and that was when we were just newly elected and, you know, we really didn't know each other and through the year we have been able to draw closer together and, like I said, we are definitely a family now. Just a few more. I promise. I just got really excited and I was like, I'm in MYAC. So, also, I was able to attend NLC a few times -- or, sorry, AIC -- too many letters and you can see in the -- in the top middle picture that was one of the first times that I feel like I had really went and opened my voice and my opinion and shared it with others. I remember being so nervous sitting there and I'm like I want to do this, but I'm so scared to and, you know, I got up and I just talked and when I sat down, you know, I just felt so good and, then, Ken came up to me and he said, Brianna, I'm so proud of you and, you know, I will never forget that. And it was such a great experience, you know, being able to work with the Idaho Youth Ranch and seeing Ken try on some of the weirdest clothes I have ever seen. It was hilarious. Like a bunch of sizes too small. It's hilarious. And, then, in the bottom right-hand corner I fell inside of the bin and -- so that was -- that was definitely exciting when we were organizing clothes and I just fell inside of it. So, then, they decided to take a picture. Anyways. So, yeah, that was really fun. And, you know, that was really fun. And, you know, we have had amazing advisors. Patrick -- I will never forget him. He worked with my dad. He worked with us and just the best that we were able to put on and I just -- I love it so much. So, I will now stand for questions. De Weerd: Thank you, Brianna. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council May 24, 2016 Page 12 of 86 Cavener: I think it's been part for the course of question and a comment if I can. Brianna, first, like my first question, I'm not going to ask about numbers this time. Siddoway: What? Cavener: Unless you want me to. Siddoway: Yeah. Ask me, because I actually asked Ken right before, so -- Cavener: Well, in that case can you tell me numbers that we ended the year with? Siddoway: Yeah. Okay. So, our last meeting we had about 70 people in attendance and that was for electing officers and stuff and, then, just yesterday at our final evening we held at Wahooz there were 56 MYAC'ers there, so -- yeah. Cavener: Incredible. Siddoway: Yeah. It was great. Cavener: Madam Mayor, a couple of other questions, then, if I may? Of all these events that you have participated in, what to you was your most favorite event and why? Siddoway: Okay. Madam Mayor and Council Member Cavener, all the events -- oh, man. I would say Ball at the Hall was definitely one of the best. It expands us from just our little group of MYAC'ers and invites other people from the community and so that -- that's always great. All of the events that we do with The Village, they have always been such a great support of us and we did one, the Rock the Beach. That one was a really fun one. I -- you know, I still have the T-shirt from it. It was so fun. And -- so, yeah, I would say that those are some of my two that were my greatest events in MYAC. Cavener: Great. Comment if I may, Madam Mayor? Your reports each month have been not short of incredible and I -- everything -- every time you get up and read the legacy and it's not just your individual legacy, but the legacy of the entire youth council has left in our community. Siddoway: Yeah. Cavener: It's really impressive and is no doubt as a result your hard work and the youth council and your amazing advisers and I think the other piece of this is really incredible and it goes with what the Mayor talked about earlier. It's truly investing in our youth and while she's maybe not the first person in City Hall each day, I think she's definitely the last one to leave City Hall each day and I just wanted to thank the Mayor for continuing to invest in our youth of all ages. This Meridian City Council May 24, 2016 Page 13 of 86 program is a success from great youth, but you give them just ample opportunity to fly and each year I keep saying -- I think I say it to Ken, it's like, oh, it can't get any better than this year. I mean you guys have like tops and, then, the next class comes in and no disrespect to the classes past that have come before, but you guys continue to set the bar high and what's amazing to see the next youth council come in and just achieve even greater success. Siddoway: Yeah. Cavener: So, thank you, youth council members, that are here, thanks to the parents who lend their children to us and to our community. Thanks to Ken and to OG and, Madam Mayor, thank you. This is -- it just continues to get me more and more excited about our community well into the future. It's really great. De Weerd: Thank you. Any other comments or questions? Okay. I will ask Ken if he will join me up at the podium. I will say that since I see one of our alumni here -- Danny, you rock it on KTVB or whatever channel covered our number two story, but you were awesome. So, see, that's what our alumni go out and do. They spread the good word of the City of Meridian. So, anyway, this is kind of bitter sweet for Ken and I. We -- as Councilman Cavener said, every year we see our executive team and we think that it can't get any better and, then, the next year does. We see incredible growth from each of you when -- as an executive council or as a MYAC member when you step into the room during parent orientation night and you think why on earth am I going to get involved in this and, then, you do and you may come with some reservations, but your voice is important in this community and it's our job to make sure your voice is heard, whether it's a majority vote voice or a minority voice. We have appreciated the diverse of opinions from our MYAC members and we will miss this graduating class. You have helped us continue to transform MYAC into a respected youth organization that your voice is valued by not just those here in the City of Meridian, but beyond our city limits. You're a respected voice and a request voice at the state legislature. You are a desired bit of energy, because you guys got that energy from other organizations in our community that was to somehow tap into your creativity and your energy to get your involvement in what they do. I have really appreciated and valued seeing each of you spread your wings and it give me the confidence as you move on to your careers or your education, that those wings will have even a broader reach, but I will continue to tell you, just as I did the first night that you and your parents sat in this very chambers, that our intent in the Mayor's Youth Advisory Council has been selfish. We want to invest in our youth so when you start your families and your career you come home and want to reinvest back into the community that gave your wings. So, we love each of you. We appreciate what unique qualities that you have each given to our -- our city and all of the events that we had and just thank you for being a part of this. Corder: I might have allergies here. I'm sorry. Meridian City Council May 24, 2016 Page 14 of 86 De Weerd: Me, too. Corder: First I'd actually like to acknowledge the fact that we have pushed some of our students out of the nest, so to speak, and there is proof in the room that they do come back. The Mayor mentioned Daniel Heithoff, but we also have the birthday girl, our former chair Katie Snell in the audience as well, so it's great to see you, Katie. I don't know if you guys have ever seen the movie Toy Story -- or the third one where -- De Weerd: The third one? Corder: The third or fourth or seventh or whatever. There is a scene where Andy packs up his toys and drives off to college and I must admit my allergies kicked in pretty -- pretty big at that point and feeling like that right now with this group leaving. I want to speak directly to you right now and just one final time tell you guys that you have so much worth and talent and you have so much to offer this world and you guys are absolutely amazing. You really are. You have been a gift to this city, a gift to the Mayor, a blessing in my life and I cannot tell you how bright the future for you, our city and the world is because of what you guys do. You get it at an early age. I love you. De Weerd: Me, too. Corder: Okay. Allergies. Okay. We are going to call you up in no particular order and we are going to have our historian Tanna take photos. We will go ahead and white out the red eye when it does on Facebook. Please. And if you can Photoshop -- if you can Photoshop out the gut, too, that would be great. De Weerd: Oh. And wrinkles and -- Corder: So, first up Mr. John Gonzales. De Weerd: This is our research guy. I mean you can't get better in researching our policy papers. Corder: If I can also add, when we have a good plan, just when you think it's ready to go, John says not so fast, let's talk about this. Gonzales: I just wanted to say thank you to the City Council, the Mayor, Ken, my parents and anyone else who supports the youth and me particularly. Thank you for really investing in the future and providing us opportunities that really changes lives. Thank you. (Picture taken.) Meridian City Council May 24, 2016 Page 15 of 86 Corder: Okay. Next up is Ariel Tilden. Well, I think we are lucky we get to make a few comments about each one of these students here and Ariel showed her true colors last Friday at the Ball at the Hall and just when you thought we had it all looking pretty, Ariel comes in -- and she's the general and overhauls everything and so event planner in the future? Perhaps. But Ariel is an extremely polished young woman who has an extremely bright future and we have been tremendously blessed to have her on the council. Tilden: I just want to say thank you to everybody here for investing in me and the rest of the youth, because it's given us opportunity, it has given us more confidence in ourselves for -- our future selves for future jobs, opportunities, college, education and I just want to thank Ken and Mayor Tammy for giving me this, because it's really grown me as a person and as a leader in the community. Thank you. (Picture taken.) Corder: Next up is Lexie Seamons and one thing about Lexie is I sent out a lot of e-mails and Lexie is always the person who -- she always responds first and says how can I help and I can tell you that this is a young woman who gets it. She's a woman of faith and she has a tremendous attitude and, as you know, attitude takes places. So, Lexie, you are amazing. Seamons: I just want to say thank you to Mayor Tammy and to Ken for working so hard to invest in us. Each -- as a group, but also as an individual. Without MYAC I definitely would not be where I am today and I'm grateful for that, so thank you. (Picture taken.) Corder: Tanna, our historian, just said gorgeous. Next up is perhaps our future president, Mr. Jesse Smith. A few comments about Jesse. We went to the NLC trip in March and I have never seen a young person so giddy over meeting a politician. Jesse had the opportunity to me Rand Paul in the airport -- Ron Paul. Oh, fatal flaw there. Ron Paul. And I mean you would have thought it was the kid from a Christmas Story getting the red -- the rifle. I mean it was -- it was absolutely amazing. Jesse just -- he thinks differently and the world needs people like that. So, Jesse, you are an amazing young man with a huge future. Smith: Well, first of all, thank you to everyone. Mayor Tammy, Ken, Stephanie, everyone in MYAC, thank you. The lessons that I learned in MYAC and the things that I -- the things that I saw and the things that I did, those are memories I'm going to hold onto forever. The things that I learned in MYAC are important to me and even the friendships that I made with you guys, you know, I'm going to hold onto those things. It's really important to me and I love you guys. Meridian City Council May 24, 2016 Page 16 of 86 (Picture taken.) Corder: So, this next young lady -- I personally had the pleasure of doing a double daddy daughter date with her once. You have heard from her a couple times already, but Brianna Siddoway really has -- has flourished in this program and I remember those moments vividly and I will take those to the grave of you standing up and realizing your voice, amongst hundreds of people and, then, to do this in this arena, to do the updates and, then, I won't get into it too much, but to know her heart, it is pure, and she is a world changer and we simply adore you. Come on up, Brianna Siddoway. Siddoway: Hi again. Well, there is not a lot more that I can say, but I just -- I just know that serving others in the community will change your life and will change the people around you and, Katie, you have to stop crying or I'm going to start crying again. Seriously -- okay. Serve others, you will feel better. (Picture taken.) Corder: A few more here, ladies and gentlemen. Okay. You know, there are times in MYAC when we say, oh, if we just could have had this student in the freshman year, the things that we could have done. The evil things that we could done. Yeah. This next young lady shot out of a cannon and hasn't stopped and you heard from her earlier and she's so well deserving of the scholarship that she received and Hannah just knows -- knows people. She knows how to tap into other people's emotions and I mean she was making me cry yesterday at Wahooz. So, Hannah Sturtevant come on down. You're amazing. Sturtevant: You have all heard from me. I appreciate everyone's patience and time devoted to MYAC today. My biggest regret is definitely not joining MYAC earlier and I have definitely made the most of my time with MYAC. MYAC has become my family and if you're not already convinced to send your children to MYAC you will be in good hands. (Picture taken.) Corder: Yet another one and another young man if we could have just had him a little bit sooner it would have been amazing. This last year we did a lot of work on trying change some seat belt laws here in Idaho and we are going to get it one of these days. But this next young man also has as very bright political future. He is just a wealth of knowledge and during the legislative process when we had questions we went to this young man. Tyler, come on up, you have just a tremendous future and it is amazing that you joined us for your last year. Ricks: I want to say thank you to everyone, the Mayor and Ken, to MYAC as a whole. And thank you to Jesse for actually getting me to join MYAC the last Meridian City Council May 24, 2016 Page 17 of 86 year. I was afraid to join MYAC my freshman year, sophomore year and my junior year, because I have a difference of opinions on most of the City Council members on several issues and I was afraid to join and Jesse convinced me to join it and it was really through MYAC that will give you the opportunity to have your difference of opinion that Ken and the Mayor were talking about earlier and so I'm saying if anyone is listening, if they have differences of opinion of how the city is run, join MYAC, let your voice be heard. Thank you. (Picture taken.) Corder: If you have ever looked at our Facebook page you might notice a young man wearing a really weird cowboy hat. He's known in the MYAC circles as Four Pack and to this day I still don't know why they call him that. But really fast I would like to tell a story of a young man who overcame adversity at a very young age. He actually had several burns at a young age and I remember having a chat in my office with this young man about turning that tragedy into triumph and what he does is he goes down to Utah every summer and he donates his time to help other students who are victims of burns and I think that changed his life in an amazing way, because he is so empathetic and sympathetic to others, it is a world changer and, you know, he -- I like to call him mini me, because he does out beard me. Justin Iverson, come on up, sir. Iverson: Gosh, where to begin. MYAC has been awesome. Thanks again for putting it on. You definitely are doing stuff great with the community, especially the youth. I just -- I love all of the opportunities we have to make a difference in the community. Thank you. (Picture taken.) Corder: Okay. Last, but certainly not least, he comes from a legendary Meridian family. This young man is -- is confident, he's educated, he's witty, he's funny, he's charming and, man, he -- De Weerd: He can be loud. Corder: He can be -- oh, can he be loud. He started off every MYAC meeting with an all right. That was at about decibel level 20. So, he knows how to get the attention of a room. He oozes charisma. He certainly has become a friend -- a life long friend and he's changed the scope of how you run the meetings, how you work with other individuals with the different departments in the city and just what an attitude. You know, anything that we needed oftentimes in the 11th hour, Drake Heithoff always came through. J.D. and Dena, there is no mistake here, because of the foundation that you have laid for him and so I know on behalf of the Mayor and Council we would like to say thank you and, now, Dena, this does not get you out of being the MYAC team mom, though. Meridian City Council May 24, 2016 Page 18 of 86 De Weerd: Yeah. Corder: Yeah. We need you. Drake, the future is yours my friend and the future is all of yours. You guys are amazing and so to round out our senior send off we would like to have our outgoing chair Drake Heitoff come on up. Heitoff: I just want to say thank you to everyone who has been supporting our program. As you can see it has outreached plenty of teens and many more in the future. I originally, actually, did not want to start MYAC. You can ask my parents and they will definitely back it up. I know. True story. They told me -- they said, hey, there is this pretty cool organization that you should go and check out and me being the young, narcissistic freshman that I was I was like why would I go and help other people, I should be helping myself and -- and now I'm the chair of this wonderful organization four years later. So, I can definitely say it has helped me reach wonderful people that I would have never met any other way and I have lasting relationships with these people and they have not only helped me grow as a person, but I feel that we truly have grown this community and I just want to say thank you one last time to everyone. (Picture taken.) Milam: Madam Mayor? Madam Mayor? De Weerd: Like where did that come from. Milam: Can we do this at the end next time so I just cry for four hours. De Weerd: Well, thank you for allowing us to send off our seniors with a deserving send off. I -- I can tell you that those of you who are not here for this send off, the investment of these youth in our community has been second to none and we can't thank you all enough for what you have done and I will tell you that Jesse and Tyler and Drake and Lexie and on and on, we expect you to come back and give in different ways. Also come back and support the rest of the team with being extra numbers and busting seats. So, we need you and we learned a lot over this last year in terms of our efforts in several different fronts and we will need your experience and your voice to continue to be there and invest in the upcoming leaders. So, thank you for being here and you, too, don't need to stay, but thank you for being here. And, Council, we were going to show a really long video, but I think we will forego it and we will do it at the pool party. C. Continued from May 17, 2016: Dairy Board Request for Cost Share for the Annual Dairy Days Parade De Weerd: Okay. Item 7-C is continued from May 17th. The information that I pulled together I buried, but in -- in total we have in our police department around 7,000 dollars in control that includes the hard cost that you saw last week of Meridian City Council May 24, 2016 Page 19 of 86 4,400, personnel fees in overtime and on straight time equal 2,250 and the fire department 960 dollars, which are personnel costs in two EMS bike teams and a command officer to help with the instant command post. The parks department 2,269 dollars, with event staffing and reservation fees and under our clerk department 150 for the TUP fee waiver. Last year we set aside 20,000 that this does cover it and what I would also like -- and maybe, Mr. Bird, you can bring that back is to maybe sit down and have a conversation after the event to see how we can help in finding ways to reduce these costs like we have done with the Winterland Parade. Our Winterland Parade does almost break even -- actually, it is in a profit of 433 dollars. So, there are ways that we can do that and we would love to -- to sit down with them and maybe share some of that information as well. This is a community event that's long term that defines where we have come, but also defines where we are going in terms of pulling together our community on things that are important to it and Dairy Days has been a staple to our community. With that would answer any questions you might have. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would be really glad to come back afterward and we will discuss the stuff -- it's hard to compare Winterland Parade with the Dairy Days, because there is more to Dairy Days than just the parade. But we should sit down and talk it out and see what's going on. But, anyway, that's -- we will get -- we will sit down afterwards and go through it. I have no problems at all doing that and I don't think the board would either. De Weerd: Thank you. With that I believe that we did need a motion to -- well, we don't need a motion, because we have a budget and so we do have the budget in our Police Department line item to cover the hard costs in terms of the traffic control and we do have line items in each of the departments for overtime and staff cost. D. Meridian Arts Commission Recommendations for Traffic Box Wrap Artworks and Locations for FY16 De Weerd: Okay. Item 7-D is under our Meridian Arts Commission. Thank you for being here with us today, Mary and Hillary. Jensen: Madam Mayor, City Council, my name is Mary Jensen and I'm the chairman of the Meridian Arts Commission. You know our girl Friday Hillary. And we are here -- you may fondly remember the days when the arts commission used to come to you once a year with an update and now it seems like we get to see you often, but, hopefully, it's with good news. We are excited for the year -- the fiscal year 2016 to present 20 new traffic box art wraps for your Meridian City Council May 24, 2016 Page 20 of 86 approval. You don't actually have to approve all of them, you get to approve 12 tonight. When we came to you last year it was six, so we are growing, we are going to move forward with this project, we are finding more interest from the community, as well as more money and we have gotten a lot of public feedback about these traffic wraps and their locations that we are just really thrilled about the way that this project has been rolled about and is currently moving forward. Tonight we do have -- like I said, there are actually five traffic art boxes that are already in production and you have previously approved, so we do have 12 more that we would like your approval on the art, as well as the location and there are three that are actually sponsor boxes that we will just show you for your information. The first one is Franklin and hopefully you can see the picture that the artist is Deb Pence and the artwork is called the Meridian Map. The second is Carlton and Meridian. The artist is Tiegan Sloan and it's Birds On Bloom and this is a youth art. Bodnar: And to help differentiate, I did put the boxes -- different colored boxes around the artwork that were from West Ada, so those are the gold boxes. You will see those as we go through. The other ones are from the repository. Jensen: Thank you, Hillary. Also you should be aware, like Hillary just said, we did have certain art that's already in our repository that has been approved. The rest of the art does come from the West Ada School District art show and that is what we are looking for approval for tonight. Gem and Main, the artist is Brian Shreiner and the artwork is called Misplaced Wheels. Cherry and Meridian. The artist is Moira Huges and the artwork is called Crossing. That is a youth piece. Corporate and Main. The artist is Cortland Lowry. By The Seaside. And that is a youth piece. Rosa Germancy Hill. The art is Butterfly in the Rain Forest. That is at Corporate and Meridian. And that is a youth piece. Linder and West Stone Valley, the artist is Karen Deskramer and the art is Passing -- Pasuering. Linder and Chateau. The artist is Susan El and the artwork is Bang. Linder and Pine. The artist again is Susan El and the artwork is Golden Pond. Overland and Millennium Way. The artist is Dwight Williams and the artwork is faces. Overland and Blue Marlin -- or Lowe's. The artist is Bonnie Peacher and the artwork is A Time For Planting. Fairview and Records. Laural Lake McQuire. And the artwork is The Old Ways. All right. Those are the ones up for consideration. I will quickly show you, just for your information, the sponsored boxes. This is Cherry and Ten Mile. This is a youth artist, Morgan McCallough, and the artwork is Autumn Tree. Linder and Ustick. The artist is Suzanne Lee Chitwood and the artwork is Traces Of Wheat. And Overland and Meridian. The artist is Barbara Williams and the artwork is Tulips. We are happy to entertain any questions at this time. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council May 24, 2016 Page 21 of 86 Cavener: One question. Mary, can you give us some idea as to how the locations were selected? Jensen: Yes. Absolutely. When we initiated this project we had a subcommittee sit down and prioritize where traffic boxes were and which ones should be wrapped first. Also in conjunction with our partnership with the Meridian Development Corporation based on the boxes that they specifically sponsor, they have a priority list. So, some of these are based on their priority list and some are based on ours that were selected by our subcommittee. Cavener: Madam Mayor, follow up? What type of thought process goes into selecting this particular art piece on that particular box? Is it random draw or is there some thought behind that? Bodnar: A lot of conversation. Jensen: It is. It is a lot of conversation. We do select the art pieces first and, then, kind of try and match them up to our top priorities on the list and it's based on the art commissioners' thoughts and feelings at that time. Some of them -- I do like the -- the truck with the missing wheel they put near a Les Schwab, which I thought was kind of thoughtful. But that's kind of how the thought process worked. Cavener: Thank you. Jensen: Yeah. Cavener: These are great. De Weerd: Any other questions or comments? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Just a really nice job selecting these. I notice some other locations to with like similarities to the location and -- Jensen: Right. Milam: -- I really appreciate the thought and the work that goes into that. Jensen: Thank you. Milam: Do you need a motion -- Meridian City Council May 24, 2016 Page 22 of 86 Jensen: I think we do. Milam: -- to accept these? Madam Mayor? I move that we accept the recommendations for the traffic -- traffic box wrap artworks for locations for FY-16. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-D. Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Thank you very much. Jensen: Thank you. E. Mayor Tammy's Walking Club Update De Weerd: Item 7-E is an update on the walking club by Danyele and as Danyele comes up here I will tell you that Danyele has been a rock star in all of this in communicating with our elementary schools as there are 12 of them that are participating in this and coordinating with the sponsors as you saw last week. Our sponsors cover the cost of the program and recognizing the youth that get out and participate. But Danyele is certainly the -- the energy behind this. So, heartfelt thanks, Danyele, to everything you do. Jansen Van Beek: Thank you, Madam Mayor and thank you Members of the Council. For the record my name is Danyele Jansen Van Beek and I am presenting before you Mayor Tammy's Walking Club and first and foremost it is a great honor to be able to be before you and make this presentation as this a project that is on my desk that I truly enjoy to do and appreciate the opportunity to work right along side Mayor Tammy, riding to the schools, walking with her at the schools and just watching her interact with the youth. Last week I told her how much I appreciated her and our City Council and just our community and how youth centered we are and I'm sure that has been said over and over and as you can tell from today everything is very youth centered and I just -- I think it's extremely important. I know other families I have interacted personally and that's the number one thing that they appreciate about Meridian. So, you guys are all doing a great and wonderful job. So, thank you very much. So, I will go ahead and get started. Maybe. Okay. Thank you, Sonya. So, we kicked off the walking club last spring 2015. We started with five elementary schools, which Meridian City Council May 24, 2016 Page 23 of 86 was a total roughly around 3,032 students. They walked for that spring semester 25,403 miles, which equates to traveling at least once around the world at the equator. This year we started in the fall, went through the entire school year and we jumped participation to 12 elementary schools, which equates to 6,900 students and 165,574 miles. That's a lot. They traveled, our youth, elementary, kindergarten through fifth grade, traveled around the earth 6.7 times. They -- they have seen the world. We had some great community partners that came alongside us and helped make -- helped develop this program and helped make it more enjoyable for the students and helped -- came along side the elementary schools to assist with building their walking program and getting the students out there and walking and also our heart behind this is to create good habits at a young age, that they carry on through middle school, high school, college and on through adults is the true heart of Mayor Tammy's Walking Club. We had Primary Health Medical Group, who was our title sponsor, they came out walking with Mayor Tammy every time this -- this spring, which was 12 schools, and they handed out Primary Health water bottles to each and every student that walked that day. We did make them walk at least three or four laps, so they had to run at least a mile get something and they were all thrilled. The kids were just like how many laps do I have to run? Three or four laps and they are like, okay, I have two more and they would just take off running. I mean you could just see the -- see the dust behind them. It was really cool to see that. We had the Boise Co-op also partner with us and, then, we had Fleet Feet Sports Meridian who not financially gave, but was there every time walking with the students. They had racing flags, they had a starting big inflatable arch there as well just to get the students excited and raring to go and -- and kids always come strong in the fall. Students -- or the elementary teachers are always talking about how -- how the kids start out so strong at the beginning of the year, but as the year goes on it just starts lagging and lagging and they -- not as many participate or they are not running as hard or fast and so the teachers are extremely appreciative for that excitement that is built by, one, Mayor Tammy coming. The students absolutely love seeing Mayor Tammy. As soon as she walks through those doors you can hear everyone saying Mayor Tammy, Mayor Tammy and it's a lot of fun to see at such a young age that they know who the Mayor is of the City of Meridian. I cannot say that I did at that age. Prizes to also help encourage the students to get out there all throughout the year and not just at the beginning of not just to finish hard. We -- each elementary school competes within itself and not amongst all the 12 elementary schools, because, one, not all the walking programs are the same at each school, so it's extremely difficult to standardize something that they have different resources for. So, within each school the number one class who has ran the most miles throughout the school year gets to have lunch with Mayor Tammy. Mayor Tammy also presents to the first place classroom the City of Meridian pins. This year as prices for -- for the top three classrooms at each school we handed out reflectors that flash at three different levels and our -- or our thought behind that is because a lot of our students are walking to and from school and as we are trying to become a more connected city, we want to also instill safety amongst our students and so we have the Meridian City Council May 24, 2016 Page 24 of 86 reflector there, so that way they can either wear it on themselves or their backpacks and they are flashing so that way automobiles, bicyclists, anyone can see them while they are walking. We had hacky sacks and we had Frisbees. The students were able to choose which out of those three they wanted for their hard work and each time Mayor Tammy went out to the schools she would either hand out a Mayor Tammy Walking Club wristlet or a Mayor Tammy Walking Club button, which are extremely coveted at the schools. They -- they definitely do not lose them. They wear them constantly and I have seen them around town and they have posted on Facebook and tagged Mayor Tammy. They are very proud of their buttons and very proud of their wristbands, which they also have to run at least a mile when Mayor Tammy goes and walks with them. Our goals for the walking club for 2016 is having a hundred percent elementary school participation. This coming school year adds a new elementary school, so right now we have 12. Next -- this fall our goal is to have 15 elementary schools participate and, then, also partner with the West Ada School District to provide the lunches. Currently right now we are working with Whole Foods and they have provided wonderful lunches that the kids really enjoy and they have been great to work with. Super easy. And that's it. Do you have any questions? De Weerd: Thank you, Danyele. Council, any questions? Bird: Great job. De Weerd: Good job. And, really, it was initiated in the beginning from Blue Cross of Idaho that had the Mayor's Walking Challenge every fall that kicks it off and we won a thousand dollars this year that went to an elementary school -- or actually -- where did we put that? Jansen Van Beek: We put that towards the -- the walking club total fees. De Weerd: No. Wait. Last year went to Ponderosa for a walking pathway, but this year it did get reinvested back in the walking club, so they could have their wristbands. So, thank you, Danyele, again for everything you do. Jansen Van Beek: Thank you. Thank you, Council. Item 8: Items Moved From the Consent Agenda De Weerd: Okay. Item 9 -- or 8 we had no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing Continued from May 3, 2016 for Browning Plaza (H-2016- 0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane Meridian City Council May 24, 2016 Page 25 of 86 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 9-A, the applicant did request to continue to June 28th. I will -- this has been an open public hearing that was continued from May 3rd. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue H-2016-0008 to June 28th, 2016. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to continue this item to June 28th. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. B. Public Hearing Continued from April 26, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane De Weerd: Item 9-B is under -- has also been requested to continue to June 28th. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue Item H-2016-0038 to June 28th, 2016. Milam: Second. Meridian City Council May 24, 2016 Page 26 of 86 De Weerd: I have a motion and a second to continue Item 9-B to June 28th. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Public Hearing for Granton Square Subdivision No. 2 (H- 2016-0034) by Granton Square Properties, LLC Located 1714 E. Challis Street 1. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots and One (1) Common Lot on 0.28 of an Acre of Land Zoned R-8 De Weerd: 9-C is a public hearing for H-2016-0034. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The application before you is a request for a combined preliminary and final plat. This site consists of .28 of an acre of land, currently zoned R-8 and is located at 1714 East Challis Street. A little history on this site. In 2014 this property was included in the annexation and zoning and preliminary plat for Granton Square Subdivision. A development agreement was required as a provision of annexation. In 2015 a final plat was approved which included the subject property as Lot 6, Block 2, Granton Square Subdivision. The Comprehensive Plan future land use map designation for this property is medium density residential. A combined preliminary and final plat is proposed consisting of two building lots and one common lot area lot on .28 of an acre of land in an R-8 district for Granton Square Subdivision No. 2. The proposed subdivision is a resubdivision of Lot 6, Block 2, Granton Square Subdivision. The proposed plat complies with the dimensional standards of the R-8 district. Access is proposed via existing local streets. Future structures on these lots are required to comply with the elevations included in the development agreement. The Commission did recommend approval of the subject application. Kirsty Grable testified in favor. No one testified in opposition or commented. Written testimony was received from Kirsty Grable, the applicant's representative in agreement with the staff report. There are no outstanding issues for City Council and there were no major issues of discussion by the Commission. Written testimony since the Commission hearing was submitted by Kirsty Grable, the applicant's representative in agreement with the Commission recommendation. Staff will stand for any questions. De Weerd: Thank you, Sonya. Council, any questions? Is the applicant here? Good evening. Thank you for joining us. If you will, please, state your name and address for the record. Meridian City Council May 24, 2016 Page 27 of 86 Grable: You bet. Thank you. My name is Kirsty Grable with KM Engineering, 9233 West State Street in Boise. De Weerd: Thank you. Grable: Thank you, Sonya, for presenting the project. It's such a simple project there is really not much I can add, so in light of not taking up more of your time I'm just happy to stand for questions should you have any. De Weerd: Thank you. Council, any questions? Grable: Wonderful. Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to offer testimony on this item? Okay. Seeing none, Council, anything further for staff or the applicant on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeings how we have none, I move that we close the public hearing on H- 2016-0034. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Idaho 9-C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0034 to staff, applicant comments. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-C. Madam Clerk, will you please call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carries. Meridian City Council May 24, 2016 Page 28 of 86 MOTION CARRIED: ALL AYES. D. Public Hearing for Fairview Lakes (H-2016-0044) by Grace at Fairview Lakes Located North Side of E. Fairview Avenue, Midway Between N. Meridian Road and N. Locust Grove Road 1. Request: Modification to the Development Agreement to Change the Use on the Northern Portion of the Site from Apartments to an Assisted Living and Memory Care Facility De Weerd: Item 9-D is a public hearing for H-2016-0044. I will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a development agreement modification. This site consists of approximately 24 acres of land. It's zoned R-15, R-40, C-N and C-G and is located on the north side of East Fairview Avenue midway between Locust Grove and Meridian Roads. A little history. Back in 2002 this property was annexed with a requirement of a development agreement. A conditional use permit and planned development was also approved, which includes a conceptual development plan for the entire site. Since that time the development plan associated with the planned development has been modified several times. The last of which staff found that the development agreement was not consistent with what had actually been developed on the site and with the current zoning. The proposed modification to the development agreement is, basically, to clean up the agreement to reflect the uses and zoning boundaries that have been approved to develop on the site since the development agreement was recorded in 2002. Originally the northern approximately nine acres of the site, which was zoned R-40 at the time, was approved to develop with a 192 unit apartment complex. No changes in the uses were allowed without modification to the agreement. Since that time an assisted living facility and assisted living units have been approved instead of apartments and a rezone of the portion of the R-40 area was also approved to R-15. Written testimony had been received from Doug Tamura, the application, in agreement with the staff report. He was unable to be here tonight. He may have sent a representative, though. He did communicate that with staff before the meeting. Staff will stand for any questions. De Weerd: Thank you. Council, any questions? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Schalk: Good evening. My name is Kevin Schalk. My address is 2473 North Cribbens Avenue in Boise. Meridian City Council May 24, 2016 Page 29 of 86 De Weerd: Thank you. Schalk: I think the staff has summed up the modification request quite well. I don't think there is anything else I can add to it. If you have any questions. De Weerd: Okay. Council, any questions for the applicant? Bird: I have none. De Weerd: Okay. Thank you. Schalk: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide testimony on item? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we close the public hearing on H-2016-0044. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Move that we approve H-2016-0044 with all staff and applicant comments. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-D. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 24, 2016 Page 30 of 86 MOTION CARRIED: ALL AYES. E. Public Hearing for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. Request: Annexation and Zoning of 40.88 Acres of Land with an R-8 Zoning District 1. Request: Preliminary Plat Approval Consisting of 197 Residential Building Lots and 33 Common Lots on 40.88 Acres of Land in a Proposed R-8 Zoning District De Weerd: 9-E is a public hearing for H-2016-0019. I will open this public hearing with staff comments. Beach: Thank you, Madam Mayor, Council Members. This is an application for annexation and zoning and for preliminary plat. The site consists of 40.88 acres of land, which is currently zoned RUT in Ada County and located near -- near the southwest corner of North Meridian Road and West McMillan Road. The Comprehensive Plan future land use map designation for the property is medium density residential. The applicant has submitted an application for annexation and zoning of, as I said, 40.88 acres of land with an R-8 zoning district and preliminary plat consisting of 197 building lots and 33 common lots. The applicant proposes to develop this site with a gross density of 4.8 dwelling units per acre and a net density of 7.7 dwelling units per acre, which is consistent with the density desired in the medium density residential designated areas. 4.33 acres or 10.6 percent of qualified open space is proposed, consisting of parkways along some of the local streets, half the street buffer along North Meridian Road. The shared use pathway along the White Drain. The micropath lot and internal common open space areas. Staff is requiring that the applicant provide two additional micropath connections, one from West Fallen Leaf Drive and North Elsinore Avenue and one from West Kaibab Trail Street to North Meridian Road. The applicant proposes to provide a tot lot, a segment of the city's multi-use recreational pathway and pathways through the internal common areas. Staff believes the additional amenities are warranted due to the size of the development. Therefore, staff is recommending that a covered picnic area be added to the open space, which is -- to the open space lot, which is Lot 1, Block 3. The property is proposed to develop in five phases, starting in the southeast corner as shown in the phasing plan. In general staff is supportive of the proposed phasing plan. However, staff recommends the applicant change the phasing boundary and constructs the entire frontage of North Meridian Road. Construct a multi-use pathway along the south boundary of the site and remove the direct access to North Meridian Road for the existing home with the first phase. I will add that there has been some conditions that were modified in the Meridian City Council May 24, 2016 Page 31 of 86 recommendation from Planning and Zoning that I will go over in just a few minutes here. Access to the site is proposed to via one access to North Meridian Road and via the extension of the existing stub street from Ambercreek which are North Ambercreek Avenue and Elsinore Avenue and from the Cedar Springs Subdivision, which are West Fallen Leaf Drive and North Elsinore Avenue and the entry street, West Halpin Street off of North Meridian Road aligns with East Halpin Drive on the east side of Meridian Road. The applicant is also proposing a centrally located alley, as well as eight common driveways. Going back here you can see those. The applicant is also proposing a vehicular and pedestrian bridge over the White Drain. A 25 foot street buffer is required along North Meridian Road, which is designated an arterial street and staff again is recommending that that buffer and detached sidewalk be constructed with the first phase of development. The applicant is requesting a waiver from Council to allow the White Drain to remain open due to its large capacity and proposes to provide a bridge over the drain for vehicular and pedestrian crossing. The applicant is also requesting that they be allowed to obtain several building permits prior to approving of the final because of the number of lots that are on site now and I will let the applicant go over that a little more in detail. Because there are some homes that back up to North Meridian Road and they will be highly visible, staff recommends the rear or sides of those homes incorporate articulation through changes in material, color, modulation, and architectural elements to break up monotonous wall plains and roof lines. In our recommendation to the planning commission, staff felt that there were several changes that needed to be made to the plat to make it a little bit better and those are providing a micropath connection from West Fallen Leaf Drive to North Elsinore Avenue. The applicant did modify their plan to provide that. Provide a picnic area -- picnic shelter and seating area on Lot 1, Block 3, to compliment the proposed play structure. Again, the applicants did comply with that. Move in North Ambercreek Avenue section between West Halpin Street and West Wanda Street one hundred feet to the east, so that the road provides better pedestrian access to the park. I think I still have that slide in here. They have removed that. Just follow my cursor here. Our recommendation was that they extend the roadway, so that the roadway abutted the park, thus adding greater visibility to the park from these surrounding homes. The applicant did not feel that that was warranted and Commission did not require that change. And, then, staff recommended that Lots 18 through 21, Block 8, which as you can see here, is kind of the northwest corner, be reconfigured so that the two lots take access from North Elsinore Way and two lots take access from North Price Avenue, we felt the configuration was a little bit strange and, again, Commission did not require that the applicant change that, but that was staff's recommendation in the staff report. In addition to this -- this staff report usually includes comments from other governmental agencies, as well as departments within the city of concern. In this specific instance staff did receive a letter from the school district that was not included in that staff report. It is part of the public record, however, and I will go over a couple concerns that the school district has with this specific application. These are items from the letter. Approval of the Whiteacre Meridian City Council May 24, 2016 Page 32 of 86 Subdivision will significantly impact school enrollments at the elementary, middle school and high school levels in the West Ada School District. Based on U.S. Census data we can predict that these homes, when completed, will have 158 school age children. Revenue supports from developers of new residential subdivisions for the purchase of a school site necessary to serve the proposed subdivision is required. West Ada School District estimates the revenue required for the purchase of future school sites is 830 dollars per new home constructed. The approval of Whiteacre Subdivision will create a need for 163,510 dollars in revenue to purchase the school sites the subdivision will require. Commission did recommend approval with conditions. A summary of the Commission hearing -- Kent Brown, the applicant's representative, was in favor of the -- of the application. There was none in opposition. Randy Gile, one of the current property owners, commented. We received no written testimony. I was the -- the staff member presenting the application. There was additional testimony from Bill Parsons. Key issues of public testimony were the configuration of the northwest corner of the project and timing of the development of those lots. The key issues of discussion by the Commission were configuration of the northwest corner of the project and timing of the development of those lots, having one side of the park be vehicle access and one side of the park be walking access. Timing of the construction of the park amenity. The applicant requests to obtain several building permits prior to recording of the final plat. Timing of the sidewalk, construction along Meridian Road, location of the alley loaded homes and the potential parking issues with their proximity to the park. The complication in installing a sidewalk and landscape buffer and allowing the property to be farmed until development is completed. Commission did change several of the staff conditions, modified conditions 1.1.1J to read: The applicant shall coordinate with Public Works on the timing of the utility connection for the existing home in place of staff's condition that it be connected to city utilities within 60 days of being annexed into the city. To add a condition 1.1.1K to read: The applicant shall obtain certificate of zoning compliance and design review approval for all attached homes in the proposed subdivision. They modified of one point -- excuse me. Removed condition 1.1.2.3 and 5, removing the requirements that they realign the road and that they modify that northwest corner of the plat as required by staff. Outstanding issues for the City Council are the applicant's request to leave the White Drain and allowing for the several building permits to be issued prior to recording of the final plat. With that I will stand for any questions you have. De Weerd: Council, any questions for staff at this time? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I don't have a question. I just wanted to point out that I'm currently in contract to purchase a home that borders the north border of this Meridian City Council May 24, 2016 Page 33 of 86 project, but I plan to participate in the discussion and vote unless anybody on Council or the public has any objection to that. Bird: I have no objection. De Weerd: I don't think you have any personal gain. Any objection? Thank you. Would the applicant like to make comment? Brown: For the record, Kent Brown. 3161 East Springwood, Meridian, Idaho. Josh, could you go to those slides for me, please? Beach: Yes, sir. Brown: At the P&Z hearing we had a lengthy discussion about the northwest corner. In that northwest corner the Giles are retaining the ownership. They have that house -- that existing house that's in the corner. Beach: Sorry. I thought you had it keyed up. I don't see it here. Brown: The reason that the lots are configured the way that they are -- they are within the Gile's property that they are going to retain, the two acres that they own and we followed the existing lines and it complies with the ordinances of the city. The lot configuration might be a little longer than someone might want south of the house, but nothing to say that that doesn't meet the code and the rules. That ownership is separate from the majority of the rest of the site. We -- on the drawing that you have on the screen we have complied with the recommendations of the Planning and Zoning Commission and staff. Over here on the west side we have the micropath -- yes. Right there that aligns and connects with the alley. The recommendation of the Planning and Zoning Commission went along with our vision of this site. We envision those houses that are opposite that micropath with lots to the north of the micropath that's 40 feet wide to the park and the lots to the south that the fronts of those houses with their porches and so forth, are facing out onto that park space, instead of the backyards, making that more inviting. Plus also as you come in from Meridian Road you will -- you will see those houses. It makes that a lot more preferable to have the shady part of your lot with your house providing that shade as the sun goes down. Josh, would you go to the next slide. Here is kind of a rendering of what that might look like. You have the fronts of those houses facing onto that park space. We have the picnic and the shelter that was talked by staff. The ones on the side, they have the rear of those facing, but there would be a sidewalk that loops, connects all of those together. We felt that that was a very nice transition. Josh, would you go back to the first slide. So, we, basically, have an alley-loaded product in the center of the loop area and, then, those that are on the west side of the park. We have made the connection that staff's asked for out to Meridian Road. The other items that we have talked about -- Josh, if you would move forward two slides. This is some of those houses that would be alley Meridian City Council May 24, 2016 Page 34 of 86 loaded and facing onto the park and facing onto the street with the alleys in the rear. Continue, Josh. This is actually one that they have built in Boise. The next one is a side view. Really nice. You can see the alley in the rear. These are duplex units. Again, something that has been built in Boise that we would like to do. One more slide that shows how those look. By attaching the garages you have a greater reveal on the house and supported by your guys' ordinance also. On our phasing plan basically we are in agreement with everything the Planning and Zoning Commission talked about, but it has to do with phasing and construction. In taking this property down we really need to try to get the first phase in and as you can see the first phase on this drawing is in green and our intent is to build it this fall. If -- I don't know if you're aware, but the process -- you approve us tonight, we immediately -- we have already got the plans drawn and we have to finalize the development agreement with you, but we submit to the highway district. They are taking two to three months for their -- their approval. Your staff will not even look at our plan until the City Council has approved the final plat. So, those plans are sitting, we get approved, and we have that construction so we try to beat the fall and get that paved. We are thinking that this is about as many lots as we can get in. If we have much more then we risk the ability to be paved before they close the plants down. The recommendation to put the berm in all along Meridian Road with the first phase, we generate that dirt by the roads that we are doing. Our intent is to try to farm as much of this property as it's been farmed for the last few years and that helps maintain the weeds and everything else and so what we are hoping is that, basically, we can tie the development agreement to the time frames that we are talking about in this timeline. We submit phase one immediately and build it this fall. We will have phase two go in in the spring of 2017 and phase three that would give everyone those improvements would be by the fall of 2017. The real difference ends up being, in our opinion, just a few months in getting those improvements. For example, the request as conditioned is that we do the micropath that's along the White Drain all in one phase. When we do that we also have to put in the pressure irrigation services -- all of those things need to be put to grade and if there is not in this phase, then, you have a difficulty in putting that pathway in. We probably wouldn't put that pathway for the entire thing this -- this year anyway, so, then, it ends up being in the spring and we are talking about building that phase in the spring. So, that improvement goes in, basically, in the same amount of time. We would bond for that improvement if -- if we move forward with our phases as we are proposing and, then, we try to have to work out what the grade is for the phase two, so that we could be able to put that pathway in. Phase three, to put that berm along Meridian Road, we need -- we need more street excavation, so that we can generate the dirt to build the landscape berm that you -- and that we would like to see also that screens us on Meridian Road. So, in our opinion, if you would tie the development agreement to having us put these improvements in, you get the same thing just a few months difference in the time frame. Rather than the spring 2017 for the berm all the way along, you would have the fall of 2017 for those and generate it by the streets that we excavate. It allows us to still have 20 acres to farm that we Meridian City Council May 24, 2016 Page 35 of 86 can maintain and keep the weeds down by farming that portion and so that's the scenario that we see that I think gets both of us there, gives the city a reassurance that as I have sat through numerous meetings, a concern that you go in with one phase or two phases and, then, you're stuck and that's not going in. We are committing to doing those in those -- that time frame. When know that we are going to need the lots. We are seeing that activity in north Meridian for my clients and so we know that those are realistic time frames and we would like to be tied to that in the development agreement. I would stand for any questions that you might have. I can explain the building lots if you want. There is currently three existing houses on the site. We are demolishing two. We are asking not for several permits, but two permits that we could get as early as possible and, then, the White Drain, it's not tiled to the west of us. It carries a large amount of water. It's a drain. It's pulling and sucking water and it works better when they are not tiled. So, we would like to leave that open. Any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kent, how many building permits are you asking before we get a final plat? Brown: Two. Bird: Two building permits before you get a final plat. Brown: Before we record the final plat. Bird: Before you record it. And what's -- what's the average size of your lots in there? Brown: There is a variety, because there is the five and six thousand square foot lots. The alley loaded that's some 40 and, then, there is the larger seven, eight thousand lots. Bird: Thank you. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Can -- do you have -- you said -- were those attached homes that you showed on your slide show? Brown: Yes. Meridian City Council May 24, 2016 Page 36 of 86 Milam: Do you have some of those in here? Brown: Yes. Milam: Where are those and how many are there? Beach: I have a slide for you. Just a second and I will get it open for you. The single family attached are those in red here, as indicated by the applicant. Milam: Okay. What would be the total number of dwellings? Brown: I can't remember, Josh. Beach: It looks like it's about 18. Milam: Sorry, Madam Mayor. I guess the question was does that change the number -- so, in the application there are 197 building lots, are those on -- two homes on one lot? Brown: No. Milam: They are individual? Brown: They are individual. So, what those are are a town -- duplex townhouse. Milam: Thanks. Brown: Property line. Zero lot line. The ones that were on the picture -- actually, the rest of the house is detached. The only part that's attached was the garage. I don't know if that's the client's intent. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: There were five changes to the staff recommendations coming from the Commission. I don't know if all those were addressed. Are any or all of those changes coming from the Commission acceptable to you or do we need to walk through them? Brown: The only changes that we were looking at that the Commission -- we would like to tie those -- they had the sidewalk -- the pathway along that the -- the White Drain to be done in the first phase. There was the sidewalk along Meridian Road in the first phase and, then, they had a condition that -- in the second phase of development that the entire park be done. We are doing the entire park. I think in the -- what they would view the same time frame, but we are Meridian City Council May 24, 2016 Page 37 of 86 looking at doing it with phase three by the fall of 2017. We would like to tie it to the -- those dates if we could. Borton: Madam Mayor? De Weerd: Uh-huh. Borton: I apologize if I'm confused or reading it wrong. I'm looking at the -- the staff report and the listed -- either modified conditions -- three modified conditions and two added conditions, starting with 1.1.1J and the one you had just mentioned was a new condition which speaks to construction of the park -- this is 1.1.1L -- within the second phase and I don't know if these five changes that you have listed here -- they don't sound like they correspond exactly to what you're describing. Brown: You said 1.1 -- Beach: So, you're right, the applicant is requesting that they not have to construct both the pathways in the first phase. The Commission did not take that. They kept staff's recommendation that they be constructed with the first phase. Is that what you're asking? Borton: Yes. So, what's reflected in the -- in the report -- Beach: Yeah. They did not modify that condition. Borton: Okay. 1.1.1L -- Brown: Was the one that they added that the park be done in the second phase. Borton: Right. And that's -- Brown: And we are okay with it being done, but we would like to be tied to the fall of 2017 in that third phase. Borton: Madam Mayor? That's my -- so, what's written there is not -- not acceptable as written? Brown: Right. Borton: Okay. Brown: We are proposing that -- that where the phased lines -- wh ere it's talking about phases -- Borton: Yeah. Meridian City Council May 24, 2016 Page 38 of 86 Brown: -- be changed to the timeline and put that in the development agreement, commit us that -- I mean that we can submit those improvements with the phases as we proposing. Borton: Okay. Brown: Under those -- under those times. I mean -- so that it's not a long ways out there and we say third phase and we don't do the third phase, we are saying we are going to do the third phase. Even give us a date when we have to submit it to you. We want to build the third phase in the fall of 2017. That you get all of those improvements in that time frame is what we are looking at. Borton: Okay. Madam Mayor? You probably can describe it better than I. Of those five changes, which ones remain unresolved? Beach: sure. Madam Mayor and Council Member Borton. So, staff recommended the Commission that we add 1.1.1K. We had missed that condition, that being that any attached product go through the CZC process. K. L is one that's recommended by Commission. As you see this phasing plan is a little bit different than the phasing plan that the Commission reviewed that, essentially, reflects the same issue with the park. they didn't see -- they saw it as kind of a half amenity being provided there. They just asked that he install the entire park with that second phase and that -- we didn't really -- staff's recommendation was that all of the amenities be provided with the first phase and Commission recommended that it be the second phase. And, then, again, in 1.1.2C, numbers three and five, the ones that are crossed out there, are the two that Commission didn't feel that we needed to recommend approval of, which are the reconfiguration of that northwest corner and the realignment of that kind of circle area where there is an alley loaded product. Does that answer your question, Council Member Borton? Borton: Madam Mayor. I think it did. So, the applicant leading the Commission, those recommendations, the applicant is in agreement with the 1.1.2C3 and C5, those removals. The 1.1.1L -- Beach: That specific issue the applicant is not in favor of. Borton: Okay. And that's -- Madam Mayor. The applicant's request, as I understand, Kent, is to -- rather than tie it to the second phase, to tie it to a date certain? Brown: Yes. Borton: Okay. Meridian City Council May 24, 2016 Page 39 of 86 Brown: We feel that you're getting the same thing, but it's a more reasonable time frame for us to -- I mean realistically -- let's just take the berm along Meridian Road. As I have driven along the other projects basically they have had to scrape and -- scrape future phases, which disturbs the ground even more, so that they can generate enough dirt to put in the berm that's -- that's needed and so if we were to do that without doing that, we would have to haul the dirt in to put in the berm and, then, turn around and haul off the dirt from when we excavate the roads out. The berms are generally generated from doing the -- the and what we are saying is we are looking at the time frame today and going where we are at in the -- the end of May, we are going to be lucky to the get phase paved before the plants shut down and that -- to do that we are keeping that phase small, even though we might have wanted to do phase one and two all at once, we know that we can't get that -- that amount of work done in the remainder of the year and so us just doing phase one, we know that we can get done, we can get it paved, turn around, have the plans all approved, you guys will already have had phase two final plat for and in the spring, as soon as we can pave, we will do that one. That generates some more dirt for us and, then, we will do phase three and that will generate enough dirt for us to complete the berm along Meridian Road for you, to put that berm and sidewalk in by the fall of 2017. Does that make sense? Borton: Yes. Thank you. Brown: It's more of a construction-related issue than just saying do it in the phase. We are not agreeing and doing the improvement, it's just timing. De Weerd: Well -- and, unfortunately, the safety of the kids that are going to be walking on that street doesn't pertain to any construction schedule. It pertains to the first house that has kids -- Brown: It does. De Weerd: -- that have to go to school and -- Brown: So, the first house that goes in is going to mostly be occupied the spring of 2017 if we are allowed to pave by the end of the year you have someone maybe move in in November or December, the spring in the year is when they will start going to school, you know, and that's why we are saying that there is a few months difference. De Weerd: Well, unfortunately -- and I think that -- that staff follows the priority that Council have in terms of -- Brown: Definitely. Definitely. De Weerd: -- our number one priority is safety. Meridian City Council May 24, 2016 Page 40 of 86 Brown: We get that. De Weerd: So, any other questions for the applicant at this time? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Kent, I'm trying to kind of follow your line of the dirt becoming available -- Brown: Right. Cavener: -- for you to take care of the berm and the sidewalk and whatnot. It sounds to me -- you're saying you really need that second phase to get the dirt available, which it sounds like the Planning and Zoning Commission was recommending. It was phase two. So, I'm just trying to wrap my head around what changes between phase two, which is what P&Z recommended and phase three, which is what you're requesting, to be able to get their request completed? Brown: Planning and Zoning recommended, along with staff, that the sidewalk and berm -- two separate issues -- not just a safe route to school, but that the landscaping berm go in with the first phase. Safe route to school, we offered at Planning and Zoning that we would be willing to extend the shoulder of the road, put markers in and do that, but doing the sidewalk is different than doing the sidewalk and the berm. Your condition is asking for those landscaping improvements to go in. Our phase one doesn't generate enough dirt and the roads that we have in phase two most likely might not do it, but by the time we get to phase three we will have enough dirt generated that we can do it. The Planning and Zoning Commission recommendation to you is that we do the sidewalk and berm in the first phase with these 20 lots that we are proposing. That's their recommendation. L speaks to the improvements that they wanted the entire park built by phase two. De Weerd: So, on phase one you would have the sidewalk requirement, curb, gutter, and sidewalk. Brown: Curb, gutter and sidewalk -- De Weerd: Curb, gutter and sidewalk on Meridian Road. Bird: Madam Mayor, I think -- your sidewalk is going to be detached, isn't it? Brown: Yes. Meridian City Council May 24, 2016 Page 41 of 86 Bird: Okay. De Weerd: So, you don't need to put in curb and gutter? Brown: We don't have to put in curb and gutter in on Meridian Road and putting the sidewalk doesn't really take that much dirt to do the sidewalk. It's the requirement of the -- putting in that landscaping berm is what causes the generation of -- of that dirt. If it was just us putting in the sidewalk, that would be something more easily done and done immediately with the first phase. Bird: Madam Mayor? De Weerd: Yeah, but your suggestion is putting in a temporary path. Brown: We offered -- De Weerd: Near the road. Brown: We offered that to Planning and Zoning, they didn't go along with that. They -- we discussed with them just doing the sidewalk, but they felt that it needed to be landscaped, which further makes it kind of a challenge to farm -- now you have your farm equipment coming in on residential roads into the -- into there, too, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kent, your plans are laid out enough that why -- why can't you get your infrastructure in phase one and two, your roadways and stuff done so you have the dirt to go out there. I wouldn't even suggest that you put a detached sidewalk in that -- because it's part of the berm. You got to have the berm in to put the detached sidewalk. Why -- why can't we do that and -- I mean everything is laid out, you got your utilities going in, you get dirt out of utilities and I understand that up on Meridian Road some of the other developments have done their berms in phases -- with their phase, but if you look their sidewalk is attached with curb and gutter. They are not detached. I think if you will check. Brown: No. The -- across the street and down to the south of us, they are not attached. They have got detached sidewalks. Bird: Yeah. But the berms were put in at the same time. Brown: No. Not these particular ones, but -- Bird: Madam Mayor? Meridian City Council May 24, 2016 Page 42 of 86 Brown: That section that -- Bird: But, Kent, I would -- I would never ask school kids to walk along Meridian Road with some parkers out there. I mean -- and you wouldn't send your kids there either. Brown: We -- we are in agreement to do a sidewalk. I mean we have gone away from what we proposed to Planning and Zoning. We are just -- what we are proposing is the timing and if you can give us a few months on the timing you get all the sidewalk and berm, but it allows us to generate the dirt to do it. We are seeing it from a construction end, that -- to get the berm and the -- the landscaping that we need to do with it, we need more time, so -- Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Question on the first phase. The -- the home there -- the sidewalks will connect through on Meridian Road to the sidewalk that's to the south; right? Brown: So, we end up with about 920 feet from where our proposed phase one line is, that we are -- we are asking to be done later. Palmer: So -- I mean to me, you know, in every phrase the sidewalks all connect to the rest of the system of sidewalk, it just may not be a shortcut across the dirt until that phasing is complete, but it -- there is inconvenience, but there is a route. I mean there is existing homes feet away from the very first home that's -- set of home that are going to be built here that are connected to the sidewalk on Meridian Road, the same sidewalk these will be connected to upon completion of the first phase. So, I don't see -- I understand there is a school to the north, but, you know, what -- why would we approve the subdivision immediately to the south if the rest of the sidewalk wasn't going to be completed then? Well, because it was a field on somebody else's and so -- I mean the homes are going to be right there next to the homes that are already existing. It's not all that far away for them from the ones that are already there and I'm sure they figured it out how to get to school. De Weerd: But this is their property. Palmer: And if it's that big of a deal to them they are probably not going to move there, but if somebody moves there, they are going to know, hey, there is not a sidewalk connecting to the north for my kid to walk to school conveniently. You're going to have to figure something else out until this is done. I have no problems leaving some responsibility on people who make a decision to move Meridian City Council May 24, 2016 Page 43 of 86 somewhere until we allow the business end of things to take care of it, so that it all gets filled in. De Weerd: Any other questions from Council? Okay. Thank you. This is a public hearing. I did have Randy Gile signed up in favor. Good evening. If you will, please, state your name and address for the record. Gile: Good evening. My name is Randy Gile. I live at 4399 North Meridian Road. That is the two acres on the northwest corner of this property. De Weerd: Thank you. Gile: To give you a little history on the property, my wife's great granddad purchased the property more than half a century ago and the family has been farming that piece of ground ever since. I don't know if any of you knew Faye White. He was instrumental in the fire department here in town. Luana Neeman, which is Faye White's daughter, City Council member -- or city clerk. Jack Neeman, her husband, city clerk also. So, their family has been here a long time and as you can see we are the very last people out there. It's just not the same as it was. My wife and I moved onto the property, built a house over 25 years ago, and none of the subdivisions were there. So, there is a little history in where the White comes from Faye White. A couple issues. The northwest corner, the reason that it's shaped like that -- those are existing property lines. We carved out that two acres and have mature trees, fruit trees, landscaping, all that and the developer is trying to accommodate keeping that for us and still developing the rest of the property. You know, we supported developing the property. It's time. You know farming there is getting a little more difficult every year. Let's farm some houses and, you know, let people walk. On the safety issue, we have lived there a long time. We -- our living room faces Meridian Road. We watch the people go down Meridian Road. From our perspective the safety issue is not the kids or the bikes going down -- or, actually, bicycles going down Meridian Road, it's a problem, but it's not the kids walking down the road, it's the kids walking across the road. So, I think that is the big safety issue. They seem to walk back and forth. They generally cross over the road, get on the sidewalk on the east side, walk to school -- and that's probably where I see more of the problem. We are adding a -- a pathway currently not connecting to much, but it's going to be a pathway. There is no -- there is no way to get across Meridian Road between Ustick and McMillan safely. So, if you want to put some effort, that's where I would put some effort, so -- and I will stand for any questions. De Weerd: Thank you, Randy. Milam: Madam Mayor? De Weerd: Yes, Mrs. Milam. Meridian City Council May 24, 2016 Page 44 of 86 Milam: Just listening to your -- your scenario with the kids crossing the street, are they crossing the street so that they could walk on the other side because there is sidewalk on the other side? Gile: They cross the street to go to the different subdivisions over there. You know, I have seen them going to school and riding their bikes and things on the side. But occasionally one will walk down the side with the berm and they walk in the -- you can't really walk on the side of the road, you kind of get down in the bottom where the gravel is and I have never seen a problem, but -- Milam: My point is, I guess, if there is a sidewalk all the way down on this side, they would be crossing the street to get to school, because they would be able to complete their way down that way and cross at the light. Gile: I think it's to school, to their neighbors over in other subdivisions. There is lot of issues why they want to cross the street and what I have seen living there for lots years is that there is no good way to get across the street for pedestrians. At the park, Settlers Park, you know, I came and complained to the city that they were letting cars park there and people were running out between the cars. They acted and put up some signs. That was great. But there is nothing to stop those cars between Ustick and McMillan just from barreling through there. You know, a crosswalk someplace in there I think would be appropriate and either at the intersection to this subdivision or where the pathway comes would be my suggestion to ACHD or somebody to put a crosswalk in there. Milam: Thank you. Gile: Any questions? Oh. And they farmed for a long time. I would like to see it farmed as long as possible. That's a good use of the land. You know, both the neighbors and the wildlife appreciate it. De Weerd: Thank you. Gile: Anything else? De Weerd: Okay. Is there anyone else who would like to provide testimony on this item? Okay. Kent, any final comment? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I would like to -- I don't know if it's necessary to either ask Kent or discuss the whole school issue, the letter that Josh was reading to us and how to take on that. Meridian City Council May 24, 2016 Page 45 of 86 Brown: Take on this school? My background I spent nine years with overall land development for the city of Boise as a staff person and this came up while I was there and the discussion with the school districts in the valley was that there is a method within the state for them to get that 800 dollars per household or whatever that they are asking for and that's through impact fees and it's not through -- I can't think of a nice word to say for it, so -- that -- that makes it a very difficult thing to do. So, I don't know of anybody else that's paying it, so -- yeah. Does that answer your question? Milam: Yeah. I was curious if you had -- Brown: I was anticipating it on a -- on a project like this. I haven't seen it on the smaller. De Weerd: Certainly the state of Idaho does allow an impact fee for homes. The school district has always maintained a practice of before they will go to the public bond for a school, the school has to almost be built and completely filled before they will do that and I do realize in this letter they cite Idaho Code 67- 6508, which is -- has nothing to do with entitlements, it has everything to do with Comprehensive Plans and when we develop it and the school district did participate in the development of our Comprehensive Plan and were to identify future school sites. They don't have a school master plan and -- but they did give input and participated in the Comprehensive Plan. That's all we can really ask of them. So, this is a form letter and we all are concerned about the education of kids, but, unfortunately, sometimes it's -- you almost have to have the growth before you can get the school and kind of similar to the roads as well. Brown: And that last time that this came up and that they took an approach like that they did become a more active part and I -- I helped -- can't remember his -- he's not at Boise State, but the guy that used to do all of their planning for Meridian schools -- and we sat down with the school district and had the maps and this whole north Meridian area said, okay, here is the zoning. This is -- this is the density the city is looking for. How many school sites do you need and so those dots that are on the Comprehensive Plan -- kind of insisted that he put down dots and put something to make that happen and I think that it's helped the Rocky Mountain site and the junior high site that's there. Those -- those didn't come about, they were put on a map and the developer goes to develop in that section you know that there is a school that they are looking for in that area and it helps you plan, so -- De Weerd: And I will say that they are getting together and putting together a master plan, so long overdue. Chatterton: Madam Mayor, if I could add to this discussion, we are in the process of reaching out to school district staff to get a meeting or a series of Meridian City Council May 24, 2016 Page 46 of 86 meetings about this very issue. It's an important issue, of course, and if we can get into some alignment, what we would like to do, then, further up the road at the right time or the right circumstances is perhaps have a joint discussion between the two elected bodies as well. Just want to let you know that's in the works right now. De Weerd: Thank you, Bruce. Okay. Any other questions for the applicant? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To be clear, Kent, did -- did I hear you describe the commitment to be that the -- that the park space, as well as the berm and detached sidewalk heading north will be constructed by a date certain? Brown: Yes. Borton: Okay. When you say fall of 2017 what -- is that October 15? November 1? Brown: Before the -- Bird: September 1st. Borton: You can see why I asked. When you use that word what do you mean? Brown: I'm thinking the construction season. So, by the time or -- when the plants are shutting down before Thanksgiving type deal. De Weerd: He thinks construction season, we think school season. Borton: Hence the question. Brown: Construction really makes a big difference. Your guys' current policy -- I sat on a committee recently and they had to listen to me whine, because we submit final plats everywhere else and I'm allowed to bring my construction plans as soon as I get them done to the different agencies and turn them in. Meridian, I have to wait for the City Council approval before they will crack the binder on those and open those plans up and -- and so those things cause I think log jams in your process and, then, your staff people are working longer to make those things happen. De Weerd: Well, you know, I would love to say it hampers growth, but it's been proven that it really hasn't, so -- last month I think we had new 145 building permits. I know that's a little different than a final plat, but it does tie together. Meridian City Council May 24, 2016 Page 47 of 86 Brown: What it does -- what it does bring is -- you probably have more time extensions on final plats than anybody else, because you have to go spend that money and get those plans approved and knowing that that's a part of your process, that's what takes place. Yeah. It's -- development still takes place. When you have a road bump you learn a way around it and you submit as soon as you can to make those things happen and to meet those time frames we know that we are going to have to submit, you guys are going to see final plats way in advance of those -- those dates, so -- thanks. De Weerd: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Kent, I hate that we keep going back to this, but, obviously, I think you can -- you can tell that the issue related to the sidewalk and the berm is something that's important to the Council. You testified earlier you felt confident that the bulk of the dirt you would be able to -- I guess gain during phase two, which would commence in the spring. Brown: Right. Cavener: And so I guess what we are saying is -- is there an issue -- recognizing that you're getting the bulk of that -- that you're going to need in the spring, is there anything stopping you to a date certain when -- when school begins in the fall? I mean I respect the construction schedule, but I also respect the safety schedule. You said you're committed to safety as well? Brown: Yes. Cavener: I think -- that that might be a happy compromise that's right for the kids and right for your construction time as well. All right. Thank you. Brown: I appreciate you asking. I just had to ask. Cavener: Fair enough. Brown: Thank you. De Weerd: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council May 24, 2016 Page 48 of 86 Palmer: Madam Mayor, with regards to the sidewalks, I think it becomes really easy for us as government to spend other people's money and say why don't you just go find the dirt and bring it in. Whereas if we let the private sector do their thing, we know that there is going to be sidewalks there by the end of next year or we can deny them and say figure it out now and maybe he won't do it and we might not have sidewalk there for several years. That's all. De Weerd: Thank you. Anything further from Council? Questions for staff or the applicant or the landowner? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One quick question, whether staff had any comment with regards to the request for pulling two building permits prior to final plat. Beach: No, that's something that's up to the Council. I know routinely we have allowed building permits based on the number of lots and since they are removing two of those homes, that's something that can be approved by Council. So, staff doesn't really have a -- a say in the matter, but it's been done in the past. Borton: Okay. Thanks. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Josh, so the -- the home that's staying is on two acres? Beach: Correct. Milam: Correct? And the other two lots that the homes are being removed, are those oversize as well or are they just normal lots? Beach: So, those -- those lots would just be normal lots. Yeah. If you see up in the northwest corner, we have tentatively laid out future lots on that two acre parcel that the Gile family owns, they are not going to necessarily develop those right now. I think that in the future they may do that, but we wanted to see and set something aside, so if that did develop, how it could. So, that's the only lot that's abnormally sized is the one in the northwest corner. Meridian City Council May 24, 2016 Page 49 of 86 Milam: Madam Mayor, follow up? I -- just out of curiosity, I always like to know when you have something like that. I know in the scheme of things it isn't all that large, but how does that affect the density if you remove that? Beach: Well, the density would -- would go down, because that would remove, essentially, I think five lots from that configuration, so -- Milam: Okay. Thank you. De Weerd: Okay. Anything further? If not, do I have a motion to close the public hearing? Bird: Madam Mayor? I move we close the public hearing on H-2016-0019. Borton: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-E. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: For discussion and hearing staff and applicant's comment and reviewing the changes and discussion that came from Planning and Zoning, it appears, all things considered, to be appropriate to include the following provisions. One, permitting the applicant to pull two building permits prior to recording the final plat for the applicant to utilize the phasing plan as presented tonight to incorporate that phasing plan into the development agreement to include dates certain as suggested by the applicant. In particular to require that the park open space and its associated amenities and the berm and detached sidewalk that heads to the north as depicted in phase three to occur in phase three or no later than November 1st, 2017, and that an appropriate record has been made for the White Drain to remain open as requested by the applicant and submitted in the application. There may be other items, but that's my list of particular conditions that were discussed that seemed to be appropriate for an approval of this project. Don't know if there is more. Madam Mayor, I will find out if there is more. I will make a motion to approve -- approve Item H-2016-0019 to include staff and applicant comment and to include all of those conditions that I listed just moments ago, to be incorporated into the approval in the development agreement. Palmer: Second. Meridian City Council May 24, 2016 Page 50 of 86 De Weerd: I have a motion and a second to approve Item 9-E as stated. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Perhaps a substitute motion. Agreeance with everything Councilman Borton said. I just would prefer that we do a date certain to correlate with the first day of school in the fall. That would be my motion is to have the applicant and his representative agree to and that would be my motion. De Weerd: Okay. So, I have a substitute motion. Do I have a -- Milam: Second. De Weerd: And a second. Any discussion to the substitute motion? Borton: Madam Mayor, I -- De Weerd: Mr. Borton. Borton: -- I didn't know -- or didn't hear -- or at least notate that the applicant was in agreement to the earlier date as well. Cavener: They were. Borton: Oh. Okay. De Weerd: Okay. Any further discussion? Borton: If that's what the record reflects, then, no other questions. De Weerd: Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. F. Public Hearing for Third Street Square Subdivision (H- 2016-0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue Meridian City Council May 24, 2016 Page 51 of 86 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O-T Zoning District De Weerd: Item 9-F is a public hearing on H-2016-0031. I will open the public hearing with staff comments. Beach: Madam Mayor, Members of the Council. This is an application for a preliminary plat. This particular site consists of 1.737 acres of land, which is zoned OT, Old Town, located on the east side of Northeast 3rd Street, north of Franklin -- north of Franklin Road. A little history on this particular parcel. In 2015 the subject property was granted certificate of zoning compliance and design review approval for the 3rd Street Square Apartments to be -- to construct seven buildings with a total of 28 units. In the Old Town apartment are a permitted use and so they went through the administrative approval process and received that approval. The Comprehensive Plan future land use map designation for this property is Old Town. The applicant has applied for a -- as I said, a preliminary plat that consists of seven -- seven building lots and one common lot on 1.737 acres of land. The property has received approval, as I said, to develop a 28 unit multi-family development and that was approved in 2015. Access to this site is proposed via an existing access from Northeast 3rd Street. Cross-access agreements are required to be in place to the surrounding parcels. Prior to certificate of occupation of the first structure on the site. With the final application, the applicant shall provide the recorded copy of the cross- access agreement or add a note on the face of the plat that designates Lot 1, Block 1, with a blanket cross-access shared parking area for the proposed development and to the adjacent parcels noted above. As part of the certificate of zoning compliance application, the applicant has been approved to install a five foot sidewalk along the north side of the drive aisle. A five foot wide detached sidewalk is required to be installed along Northeast 3rd Street. The amenities for the proposed development will consist of a clubhouse, a community garden, and a children's play structure and these amenities all met the requirements of the UDC and the specific use standards for apartments. Commission did recommend approval. Staff did not receive any additional testimony prior to -- or since the Commission hearing. Penelope Riley was in favor of the application as the applicant's representative. Did receive comments and opposition from Al Fleming and Patricia Yost. As I said, we did not receive written testimony. I was the presenting staff member. Bill Parsons commented. Key issues of public testimony were concerns about limited access to the -- apartment development from vehicular and pedestrian access. Concerns about continued supply of irrigation water to the surrounding properties. Pedestrian safety entering the apartment complex. Splitting of the lots into individual parcels and concern that the maintenance of the buildings will be kind of scattered or mismanaged. The maintenance to -- the requirement to provide cross-access to the surrounding parcels for future connectivity. Concern about adequate parking for the apartments and key issues of discussion by the Commission were the Meridian City Council May 24, 2016 Page 52 of 86 HOA for the apartments should maintain the irrigation facility, insuring that the color scheme for the apartments are consistent with the surrounding neighborhood and Commission changes to staff recommendation are adding condition 1.1.6, which requires the HOA to maintain the irrigation facility for the surrounding neighborhood. My understanding is that the irrigation facility there on site feeds the surrounding properties and the applicant can cover that a little bit more. With that Commission did recommend approval with conditions and I will stand for any questions you have. De Weerd: Thank you, Josh. Council, any questions? Bird: I have none. De Weerd: Okay. Good evening. If you will, please, state your name and address for the record. Riley: Thank you. Penelope Riley, Riley Planning Services. Post Office Box 405, Boise, Idaho. 83701. Thank you for your time this evening and kudos on the way that the City of Meridian fosters its community. It's very impressive. There are a number of items that Josh just went over with regard to the discussion at the Planning and Zoning meeting. I didn't -- it -- unfortunately I didn't get the staff report until late today, so I didn't have an opportunity to discuss the additional condition 1.1.6 with him, so I will just leave that laying out there right now. I would like to acknowledge Josh's gracious professionalism. He's always a pleasure to work with. Other than the condition of 1.1.6 we concur with the conditions of approval and I'd like to address the list that's on the first page of the staff report. The limited access, pedestrian safety, and cross-access. The access to the site is limited, but ACHD determined that it was sufficient. The cross-access agreement will be provided as required by the city and we designed the driveway and pedestrian facilities as directed by ACHD. With regard to the irrigation water delivery, this is a part of the certificate of zoning compliance approval, but under the supervision of Nampa-Meridian Irrigation District the PI system was designed and approved with the CZC. There was a weir issue. It was too high and the water was not able to get passed it. On the day of our Planning and Zoning Commission meeting that issue was resolved by dropping the height of the weir down. So, I talked to the construction manager this afternoon, as well as the developer. My understanding is that the water is moving as appropriate for the neighbors. With regard to parking, the site design exceeds parking spaces -- or exceeds the City of Meridian's standards for parking spaces. So, we are pretty confident that we have got that covered. The HOA -- that's going to be over the entire development. The preliminary plat could conceivably create a situation where you had multiple owners of different structures within the development. But all of them will be members of the property owners association. We are not going to put in more than one meter for irrigation water, so that that's managed by the property owners association and there isn't any opportunity for water to be turned off at one or more of the units, Meridian City Council May 24, 2016 Page 53 of 86 creating an inconsistent development. Let's see. Exterior maintenance of the buildings and the grounds will also be a part of the property owner's association. The color scheme for the development was approved with the CZC and we selected what we hope were colors that would blend with the neighborhood, but still be somewhat distinctive and not too boring. Again, those colors have been approved by staff. Fencing came up just a couple of days ago. The fence that runs along the north side of our access driveway for the property owner on the north side, it actually encroaches on -- on property and the developer offered to put in a brand new vinyl fence for three-fourths of her property boundary, but she wanted to keep the wood fence. Two sections of the wood fence fell down recently and the developer went in and put it back up. So, at some point in time, based on our certificate of zoning compliance, we will have to put in vinyl fence. But my understanding is that we are going to hold off on doing that until it has to be done, so that the neighbor can keep her wood fence for as long as possible. With regard 1.1.6, I'm not an attorney, but my understanding is Idaho Law requires that you deliver irrigation water to downstream users and that you can't impede that water. So, the irrigation system was designed by an engineer in conjunction with the Nampa-Meridian Irrigation District. So, I'm pretty confident it was done right. Meters were installed for all the adjacent neighbors. The way the condition reads, it might not read as it was intended. It appears that it's requiring the developer to go onto these individual properties and maintain an irrigation system and I think maybe that might be a problem. So, maybe we could strike the condition or modify it just to indicate again that the developer and the HOA of this property is required by law and by Meridian standards to deliver irrigation water to the property boundaries of the adjacent properties, which we are doing. I'm not sure what else to say about that. I just -- I don't know that the developer can force the neighbors to let them onto their property and maintain their irrigation system. So, I think maybe it was just a -- the intention was to make sure that the water is delivered as -- as it should be and that that's the -- what they are supposed to be doing with that condition. It's just confusing. With that I would stand for any questions that you have. De Weerd: Council, any questions for the applicant at this time? Bird: I have none. De Weerd: Okay. Riley: Thank you. De Weerd: Thank you. I did have some individuals sign up. When I call your name if you would like to provide testimony at that time I would invite you forward. Hal and Shelly Fleming signed up as neutral. Fleming: Good evening. Meridian City Council May 24, 2016 Page 54 of 86 De Weerd: Good evening. Thank you for joining us. Fleming: My name is Al Fleming and I am also representing my wife Shelly here tonight. De Weerd: Thank you. And, Al, what is your address? Fleming: I was just going to give you that. De Weerd: Thank you. Fleming: 310 East 3rd Street here in Meridian. Right around the corner. And I am a direct property -- our property borders directly on this property. The only -- like Penelope had just mentioned, many of the issues -- and the Planning Department mentioned earlier, many of the issues that we raised last month at the meeting had been reconciled and had been reviewed and I thank them for doing that. The primary issue, though -- and will be very brief all right, which I had raised and which has been to some degree addressed here tonight -- is specifically what's called a maintenance and ownership responsibility. It's essentially the covenant and that's -- that's our ordinance, 16-1672. All right. And what it does is it -- it states that there will be a legal document which represents all the maintenance and continuity between the buildings in what is identified as a multi-family development and our concern, as adjoining property owners -- and there are several of us -- has primarily been focused on the issue of irrigation and although the developer has been -- has actually implemented -- because we previously all received our water directly from what's called the Hunter Lateral and by them putting in and having approval now on this development, it required that all of the distribution ducts and channels and pipes all be torn out, but -- so that raised the question, well, how will the adjoining property owners, who have irrigation, how are we going to get our water? So, the proposal was presented to the Planning Department that the developer or the applicant would provide a pressurized irrigation system and would deliver that water to the border of our property and they had done that and all of us today have connected now to that water system and we do have irrigation. The concern that I raised and how it relates to this document, which is essentially a covenant, okay, because now they are talking about subdividing it and having multiple owners, you know, which would have different ownership for different buildings now on the property. The question is how do we, the adjoining property owners, insure that the maintenance of this system, this pressurized system, will be properly supported and, therefore, my request at the last meeting was that that be specifically stipulated in this document, which is identified as ordinance 16-1672 and that we would adequately be represented and once that document became available for review by the planning department a copy of that would be made available to us for our review, approval and comments to insure that our legal interests were being represented within that document as an into perpetuity covenant to protect us adjoining property owners. Meridian City Council May 24, 2016 Page 55 of 86 De Weerd: Thank you, Al. Fleming: Much of that has been addressed. De Weerd: Your time is -- thank you. Fleming: But -- so, I'm here only to request one thing and that is when this document is available that we the adjoining property owners will have access to it. So, thank you very much for your time. De Weerd: Thank you. I think it's Valerie Steinbach. Valerie Steinbach signed up as neutral. Please come forward and state your name and address. Yost: I'm Patti Yost. 330 3rd Street. I sit to the north side of this property that borders two-thirds of my property. Yeah. So, my concern is the comment about the fence, mainly because the assumption was that I -- because it's an all wooden fence that I would just remove it. So, in the process of them grading they -- my sprinkler system was ripped out and my fence has been compromised and has fallen down. It wasn't before. I have pictures to show that. Also the back part of my fence, all of the equipment is laying on the back part of that fence. I'm not sure why that is the situation. I spoke to Robert, who is a representative of this and from my understanding is what we have come to the conclusion of is that I'd still keep my fence, mainly the reason I wanted to do that is because my -- it is on the property line. From the very beginning they have been wanting me to give portions of my property, because it would look nicer for that narrow road going through for about a year and a half I have been this -- I would almost think of it as bullying intimidation to try and give my property and I have just really put my -- I didn't -- I have four kids, this is my land, I don't plan on giving it to anybody. So, I met with the Planning and Zoning just this week and three of the gentlemen -- or was it two men and a woman -- said that as long as I'm on that property line I already exist on that property line, I get to stay there, that they don't really want a gap, because, then, you have to be concerned on who takes care of what the -- the land as part of that gap. At some point, whether I keep that or not, if I can afford it at some point to put a third fence down, because that was something that we had discussed that I don't really want two-thirds of your vinyl fence. If you're going to do that, then, why don't we just put three-thirds, so I'm -- and they didn't think that was a great idea, so I would like to just keep my old wood fence. So, as far as that goes -- and the only other major concern -- really major to me is children. This road is a ten foot road, very narrow as far as I'm concerned. It's a very small path. We have a five foot walking path and the three foot of flowers and I'm concerned for the family units, where the children -- I asked the last meeting where would they ride their bikes and it would be in the road. I would -- I mean I would like it to look pretty, too, but if three foot of flowers as compared to maybe a bike path for kids and people to be able to get in and out of -- I don't know whether that's a suggestion or Meridian City Council May 24, 2016 Page 56 of 86 something that could be even brought up at this point in time, but I am very concerned for the children. In this situation, so -- De Weerd: Thank you. Yost: Okay. Thank you. De Weerd: Council, any questions? Milam: Madam Mayor? Yes, I have a question. Yost: Oh, sure. Milam: So, just to clarify what you just said about the fence, they offered to replace your fence with vinyl and -- Yost: Two-thirds of it. Milam: Two-thirds of it. If they were going to do that -- Yost: I'm sorry. I'm interrupting you. I'm sorry. Milam: If they were going to do it exactly where your fence is, you still don't want or you don't want it because you don't want them to move the fence? Yost: Well, there is portions of my fence that aren't on that property. When I had my -- when I bought my home I said, sure, but I want a fence around it, so when they built that -- whoever put the fence up put some inside the property line and some on the outside of that property line. So, I'm more than -- if I'm on the outside of that property line I have no problem with moving the portions. I only ask that I be present when they do it. I run a business out of my home and I'm like maybe my clients don't have to be able to see -- it's bad enough the traffic that's going to be going on that road, so -- I don't know if that answers your question. My thing is that -- like what I was told if you already occupy that property line that I want to keep that. I don't have to be forced to move out of it. Right? Milam: That I don't know. I just couldn't understand why you would pass up a free fence. If somebody wanted to give me a free fence I probably take it. Yost: Yeah. Well, I think a lot of it is also a trust issue and this has been going on for a year and a half and, like I said, the majority of it -- the last time they went to explain that to me, how that would work, they sent one of the guys -- one of the workers and he was telling me that they wanted a foot of my fence -- on my, fence -- a foot of my property, because they have to put a concrete post in there and I'm like -- I keep saying I'm not giving you my property. So, I guess probably Meridian City Council May 24, 2016 Page 57 of 86 it's a security feeling for me. If at some point I can finish off, I get 1,500 dollars to put the other side of that fence, you know, then, sure, it would look nice to have a full fence. Two-thirds of one just doesn't -- I would have an old wooden fence or have that option. De Weerd: Patti, why is it two-thirds of a fence? Yost: Because that's what borders is two-thirds of -- De Weerd: Oh. Okay. Yost: They have to put the fence up anyway, so it makes -- it sounds like they are doing everything for me, but they have to put that at -- same with the irrigation, when they brought that to the property, they brought the pressurized, which is awesome, but I didn't have access to be able to pull that water out before I could put a pump in the front of my house and flood irrigate. I didn't have access to it, but if it wasn't for my neighbor Al, who came over and just really blessed me with that, I wouldn't -- and told him, I said could I -- you know, I had water before, could I, please, have water again -- no. You know. Put my fence up. Right now we have two-by-fours holding my fence up right now. It was standing before, it's not standing now. It's two-by-fours pretty far out. I can't even get to that border that -- I have been on hold for quite a long time with this whole process and all their equipment is just pushed towards the back of my property. There is two acres. I don't know why it's pushed there either. I have pictures of where it's pushed against my fence. It's like -- I think it's just like -- I don't mean it malicely, I think they just went on the assumption I would just remove it, so what does it matter anyway. I don't understand, to tell you the truth. I feel -- I just felt very intimidated and very bullied through this situation. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: You said you have -- you have photos? Do you have those with you you could share with the clerk? Yost: Yes. And there is another thing is -- so, when the city put my sewage line they put in a cleanout, which is right there on the fence line. I'm under the understanding that I may be an inch away, that cleanout, from where they are going to put the fence and I spoke to Robert and he said if they have to veer around it they will. They are not going to ruin my cleanout because of that. Who do I show these to? Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council May 24, 2016 Page 58 of 86 Milam: Could I -- are we just going to wait for those pictures or -- are we still doing her testimony? I had a question for the fire department -- De Weerd: Okay. Milam: -- regarding the narrow road that she mentioned. Well, a ten foot road and is it accessible with your big rigs. Niemeyer: Councilman Milam, I'm not completely familiar with this property, but I do know that Chief Palmer -- Deputy Chief Palmer has been involved and in the hearing on this and he didn't raise any concern to me prior to tonight's meeting. So, I do assume it's met all the codes. Milam: Thanks. De Weerd: Well, while we wait on that, I do have a couple of other people signed up and we will bring Patti back up after we get the pictures, but Billie Bole signed up as neutral. Billie, did you want to provide testimony? You bet. Valerie, come on up. Once it's after 9:00 o'clock we get very flexible. Thank you, Valerie. Steinbach: Hi. De Weerd: If you will, please, state your name and address for the record. Steinbach: Valerie Steinbach. 319 East Third Street, Meridian, Idaho. De Weerd: Thank you. Steinbach: I am literally right across their road coming out of the apartment complex. I mean I'm literally their road going out, my house is right there. I get to see everything. I have got a couple here. Everybody is talking about this water thing. Do I get -- I have irrigation. Irrigation water. I pay it every year. So, I get irrigation water if I want it still. Great. Fantastic. De Weerd: If you get it, you will continue to get it. Steinbach: Okay. Because we are making our -- we are moving. It will be a rental, so I don't know what my renters are going to want to do. They may not want to pay for the sprinklers. It's up to them. Also, I have got a dust question here and this is why -- I know a couple of you people anyway from the alleys getting paved. I have watched since they started working out there, dust -- and I have been told that they are going to have water trucks -- I think I saw one water truck maybe there twice. Certainly wasn't doing a lot. I'd like to be real clear on -- are they going to have water trucks there from -- when they actually start working -- they have just been putting piping in the sewer system. When they Meridian City Council May 24, 2016 Page 59 of 86 start trenching and all this stuff, digging, are they going to have water trucks there? From the time those people get there in the morning to when before they would leave, as long as they are kicking this dust up -- what's their plan for this? I mean we are in Old Town, I realize, but you got all these existing homes here, a lot of people have kids, there is elderly people here and I'm hearing a lot from people about the dust, especially this last year. So, I'd like to know what plans are in the works for that. De Weerd: Okay. We will have the applicant address it, but also on your way back to your seat -- Steinbach: Uh-huh. De Weerd: -- you will walk by this gentleman in the front row, he is -- oversees our code enforcement. Steinbach: Oh. De Weerd: So, I'm sure he would share his number with you or a number you can call. Steinbach: That would be great. That would be -- I have got his number, so -- De Weerd: Oh, you have got his number. Steinbach: It's very hard to get a hold of him, though. De Weerd: Okay. Steinbach: Okay. That's pretty much it for me. I can't think of anything else. A lot of things were addressed, so -- De Weerd: Okay. Well, thank you, Valerie. Steinbach: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: While we are waiting, if I can ask Mr. Nary to comment briefly on the 1.1.6 and how we can reconcile that. Nary: Madam Mayor, Members of the Council, Council Member Borton, I understand where maybe the applicant has a little bit of confusion and we could probably tweak the language. It appears to me what the intent from the -- from Meridian City Council May 24, 2016 Page 60 of 86 Planning or Planning and Zoning Commission was to assure, since there may be multiple owners, that there is an overall managing -- overall management company for the HOA and that the HOA rules or CC&Rs require that the maintenance of the irrigation system be maintained on their property to be able to deliver it to the other properties and I can see the language might be a little fuzzy and it does sound like it's implying or supposed to work on other people's property and clearly that's not what we would require. So, we can probably do some tweaking to that language in discussion with the applicant to make sure it's just the management responsibility for this parcel will -- will maintain that and the applicant is correct, the law requires it, but I think they just wanted some clarity, since she may have multiple building owners and we can certainly tweak that a little bit to make that clearer. To not impede or to benefit or something like that. Did that answer your question? Borton: It does. Thank you. De Weerd: See, technology is not all what it's cut up to be; right? Paper copies would be much faster. Beach: Madam Mayor, possibly some narrative from Patti would be good as to what these pictures are. De Weerd: If we can have you come up. We need to get you on the record. You can see it from this way, too. Yost: Oh. Okay. De Weerd: There you go. Yost: Okay. So, that's the clean out. I'm concerned about that. I did speak with Robert and he said that if they had to they would veer around that. This -- I'm not sure what that one was about. Oh, I think that's where the property marker would have -- seeing where the -- how much is in or out of. This is just their equipment that's laying on the back of the fence. That's the irrigation -- I mean the sprinkler system that was -- and it wasn't like a -- it wasn't operating, you know, I was using a hose -- I think I had just been like pretty much whatever -- whoever, just want to get this done and over with as quickly as I can, but it's -- I don't know. They don't want to replace that. De Weerd: Now, Patti, on the sprinkler system, what -- they dug that up when they -- Yost: Yeah, they dug that up and I guess, basically, what I want to show with that is that they did that and, well, my fence is there also. So, my fence is completely fallen down. I do have pictures of that, too. Because I have two-by- fours holding it up until they decide what they are going to do when they put that Meridian City Council May 24, 2016 Page 61 of 86 fence up. I haven't got a validation on whether they will, then, fix my fence. Basically they told me that the won't charge me for removing the sections that are overlapping on theirs. It's not -- it's not been -- I don't know. De Weerd: But you would accept a vinyl fence on two-thirds of your property? Yost: On three-thirds. Because two-thirds -- it's going to be there anyway. So, two-thirds fence is not whether I accept it or not, because they are going to put -- they have to put it up for their property line. I mean they have fence that they are going to put around the whole property. Mine just happens to border two-thirds of it and they just -- I really feel like it's a lot, because that road is so narrow and they know that they have to keep every inch of what they have got in order for this to pass. Another concern that on both sides on the north and south of where this is going to happen that those properties, if they were to sell, there would be a -- what did you call it, Josh? It's a -- it wasn't that they will be allowed -- those properties, then, will also have access to that one narrow road going in and out of there. Like if those properties sold and there was industrial whatever put through there, that that will become like a road for not just his complex -- so, it's on the north and south of that. If those two people decide to sell theirs, they would also be using that road. It wasn't a contingency, but it was a what? De Weerd: Okay. We will -- an easement. We will ask about that, too. Yost: And just my feeling is in the future that could end up being -- that little narrow road would end up being a pretty road. Right now as it sits the fire department, when there is an emergency that comes through, they have to take 3rd Street. They can't -- I don't know why they don't -- fit onto Main and Meridian or -- because of the one way. 3rd Street is a -- is the number one that all emergency vehicles use. It's the number one tracking -- or trucking street. The traffic is -- and every since we did that sewage line, the road had like a headlight -- and so cars go like this. I have been hit. My neighbor's car has been hit. There is just -- that road is just in back shape. It would be nice if there was at lease a line, so you know what side of the street to go on. The railroad kind of helps a little bit, because it slows them down, but it gets pretty crazy on that road and we are adding more traffic to it and potentially even more. De Weerd: Okay. Council, any other questions? Bird: I have none. Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Meridian City Council May 24, 2016 Page 62 of 86 Little Roberts: Patti, you mentioned that you were watering with a hose, but that you didn't have -- do you have water to your property or did that go away when the pipe -- Yost: It went away. Yeah. We can't -- well, they -- they wanted to put the pressurized in, then, the access to the front of our roads where we used to be able to put in it and the water went away. But I do have it now thanks to my neighbor. He came over with faucets and hoses and everything and he set me up. I asked if these fit the developers to do that. No. The back fence fixed? No. At that time my sprinkler put back? No. The best I can get is they are not going to charge me for moving my fence that overlap there. Little Roberts: And Madam Mayor -- Bill, didn't I just -- didn't we just discuss that it was a requirement to -- if the water was no longer available that it was required to be returned? Nary: Madam Mayor, Members of the Council, Council Member Little Roberts, yes, it is a requirement that the water delivery be maintained. It doesn't necessarily mean -- I mean that's a civil issue between this property owner and the other property owner, the developer, over the broken fence or the broken irrigation system. This is just a plat that's in front of you, so those issues are really for them to work out, but, yeah, the law requires delivery of the water, but the method and how it's maintained or used on the property, that's between the property owners. Yost: They deliver, but they don't have to give you access to it, even though you had access before? Because my other neighbors spent about 500 bucks on their system. Nary: The traditional access that was preexisting needs to remain. If it isn't, that's an issue between the property owner and the developer, because, again, it's -- we are only talking about a plat here and that's it. De Weerd: Okay. Yost: Thank you. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I was just wondering if we figured out what the width of that road was. Anybody know? De Weerd: We will ask the applicant. Meridian City Council May 24, 2016 Page 63 of 86 Palmer: Okay. De Weerd: Okay. Yost: I believe it's 28, making ten for each and, then, five and, then, three, so -- De Weerd: Okay. Thank you. Yost: Thank you. De Weerd: Okay. If there is no further testimony I would ask the applicant to come and respond and give us wrap up remarks. Riley: Do you need me to reintroduce myself? De Weerd: Yes, please. Riley: Penelope Riley. Riley Planning Services. Post Office Box 405, Boise, Idaho. 83701. De Weerd: Thank you. Riley: I have in my files an early version of the site plan and the -- the strip of land that connects to 3rd Street is 30 feet. The roadway -- that's excluding the sidewalk and the landscape strip -- is 24 feet and 27 inches. So -- oh, no. That's the -- it's a 24 foot wide roadway. It has to be. I mean we worked with ACHD on the design of it. In the corners we are putting in ramps and ACHD specifies the radiuses that were required where you -- where you turn out onto the public street. So, all this was designed for direction from the highway district and the access drive is not ten feet wide, it's -- that would only allow one vehicle to travel. So, I will cover the rest of these. I appreciate that the attorney mentioned that we are just before you this evening for a preliminary plat and I have not been involved in the construction part of the development, although I did do the certificate of zoning compliance application and item number two and number three of our site conditions of approval specify that we will submit a recorded copy of our CC&Rs, but say who is responsible for the ownership and maintenance of the development, including, but not limited to structures, parking, common areas, and other development features per your Unified Development Code prior to issuance of a first certificate of occupancy. The second one or item number three, it says prior to receiving a certificate of occupancy for any building, the applicant shall record a cross-access easement to the northern parcel and the southern parcel adjacent to our site. So, I'm aware that the parking lot dead ends to the north and south is where that cross-access would be. So, they mention ownership of the PI system will be housed within the HOA and, again, we only put one meter in intentionally, so that each -- if each of those buildings was owned by a separate owner they still can't -- they can't decline to pay their Meridian City Council May 24, 2016 Page 64 of 86 irrigation bill, because it's part of the HOA. So, there will always be irrigation water delivered to all green areas and landscaped areas in the development and that was the point of just doing one meter. So, the CC&Rs will be delivered to the city of Boise -- or, excuse me, the City of Meridian just before we pull our first occupancy permit. I'm not sure about -- it will be a recorded document, so it will be a public record and I would be happy to deliver an extra copy if that's what City Council would like, to the Planning Department, so that Josh can, then, give them a copy of the CC&Rs. I will take your direction, however you want me to do that sign. So, the fact that you -- I assume that the equipment is -- and it doesn't look like equipment, it looks like maybe some tools are being stored in the northwest corner of the site, because that's slated to become an open area. So, it's the only place where we are not going to have some kind of construction going in. So, it's a natural location for storing materials. I can't answer about the fence. I'm not involved in the construction. It does sound like a code enforcement question. I know that Robert Cententilo, who is the developer's representative, has been very vigilant about contracting the neighbors. I don't anticipate that he will change that. So, I would be happy -- I wish I could just tell you that the fence, poof, is going to go back up and whatnot. I can't do that. I don't even have any authority to make those promises. So, the roadway is not too narrow. It will have two adequate travel lanes and a five foot wide sidewalk. I don't know about the fence location. That's a surveyor question. The site was surveyed as a part of the record of survey for a property boundary adjustment that we did in the City of Meridian prior to the certificate of zoning compliance. So, at some point in time it was staked. The driveway access should be adequate for the fire department and I'm not sure whether or not we are putting in a new fire hydrant, but if the fire department indicated the fire hydrants are too far away, there will be a new one put in. Let's see. The dust question. I have talked to the applicant about water trucks, so the neighbors now have code enforcement's number and I encourage them to use it if it's necessary. With regard to the photographs of the fence and the irrigation for the parcel that's adjacent to the site at the northwest side, again, I can't really address those. I haven't been on the site to see that area and I don't know what to tell you about that. I'm sure that Robert is interested in working with the neighbors and flood irrigating has been the common strategy for a long time. It does out live it's usefulness at some point in time when the water delivery changes, so it's unfortunate that they are having some trouble with their irrigation. I'm not in a position to help. I'm sorry. I'm just here for the plat, but I will do whatever I can. I would be happy to answer any questions. Did I leave anything out? De Weerd: Mr. Nary -- so, in terms -- of what can happen during a preliminary plat discussion, there are some questions that remain that the applicant can't really respond to in terms of where the fence goes and some of the irrigation questions, but I mean isn't there something that this Council -- the only way they can help neighbors that are impacted by development is to delay, so we can get information that can help assist the neighbors answer their concerns. Is that -- is that reasonable as part of a plat application? Meridian City Council May 24, 2016 Page 65 of 86 Nary: Well, Madam Mayor, Members of the Council, I mean certainly if you're uncomfortable with the plat and the way this is in relation to the adjoining properties and how it's going to develop -- De Weerd: And who it impacts. Nary: And how it impacts them, you know, normally -- and I think Josh stated that the -- the property zoning and all that was decided a long time ago. So, this is an allowed use on the property, but how it's now being developed and -- because there is no requirement for a CUP or anything else, this may be your only opportunity to at least answer those questions to get some clarity about the -- I mean the code is pretty straight forward and they are required to put the fence along the property line. Again, it may be a civil issue between this property owner and the adjacent property owners as to what that line is. They may have a difference of opinion and that may be an issue they need to resolve. But you certainly can set it over if you want some of those questions answered on the delivery and the adjoining property and those kind of impacts in relation to the plat, not in relation to the use. That's really the -- maybe the key difference here. Normally the Council is making a decision in relation to the use and impact to neighbors. Here it really is only the plat. But they have various questions that are at least legitimately unsure or maybe unsure to some of you that you may want a few more answers in relation to those couple of issues before you agree to this particular plat design. Again, planning may have a difference as well, because they deal with it a little more directly, but you certainly have the ability to set it over to get those questions answered if you would like, but it really still has to tie itself back to the plat. De Weerd: Thank you for kind of answering a question that I had a hard time framing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Before discussion, I took it from the neighbors that the applicant had got the irrigation water to their property lines and I take it that the one property line wasn't -- the sprinkler system wasn't working as then and I think by state law that you -- you can't interfere with irrigation water, you have got to make sure that it gets delivered to them. The property line I think Mr. Nary pretty well stated that, if the -- if his surveyors made -- of either property made a mistake, they could -- we could have a problem, but that isn't for us to solve, we are not a civil court. We are doing a preliminary plat and while I would hope that whoever the builders are would -- developer would be down there and make sure that the neighbors were happy and -- and they would do it in a proper, first class way, like making sure dust abatement is taken care of and being -- being a good neighbor, Meridian City Council May 24, 2016 Page 66 of 86 keeping your site clean and stuff, because I can guarantee there has been -- there is construction jobs on a smaller site that have been -- that have went very well with the neighbors around by keeping it clean and stuff, but that's something that I don't know how we can legislate that, what they have come in for tonight is a preliminary plat and while I feel that -- that developer and the applicant hasn't been a real good neighbor, hopefully they will be, but as far as I can see everything that we require with a preliminary plat has been -- has been brought to us, so I don't -- I don't see any reason to extend it. De Weerd: You will need to come up here. You can't talk all the way up. You have to come up, state your name -- Yost: Patti Yost. I'm not understanding. So my understanding is there that there is the 30 feet on the road, that five of that will engage the sidewalk and the three will be the flowers and, then, 20 would be the 28 feet and I was thinking she said and maybe I didn't hear something right. So, if she has 24 of the road, because, then, there would be five that would be 29, 31, so does it go over the 30 feet? Is that -- my math may be wrong in that? That's the first time we have heard the 24 feet as far as the road will be. We heard ten and ten. De Weerd: Okay. We will ask staff to verify that. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, my only thought on doing -- on continuing it was that if the applicant was here he might have an opportunity to do his neighbor right who sounds like has been -- according to her owing nothing other than -- and, yeah, leaving the tools on there, breaking her sprinklers, that's -- I realize that's -- those may be civil things to some extent, but we shouldn't allow developers to behave that way and given them the things that they need if -- you know, I think if he was here he would -- he would at least address those and maybe fix them, so -- De Weerd: W e can't do this -- Yost: Okay. De Weerd: So, Council, I guess in the past our Councils have used a week to get information for neighbors that -- yeah. And it doesn't necessarily -- it shouldn't work that way. But I -- I know sometimes that it's the only way to bring two parties together and if you have lived next to new construction you can say that as a neighbor you feel helpless in having any of this in force and as good as code enforcement is, sometimes they don't have the tools to help answer these. So it does give a pause to have the owner, developer, look into it, because oftentimes they don't know what's going on. I had storage behind my property Meridian City Council May 24, 2016 Page 67 of 86 line and it was a 200 acre development and they just happened to dump all their reused asphalt right against my back property line and, yeah, there is a sense of a bully behavior for that and I just think that we do need to encourage good neighbors and oftentimes our citizens, who exist today, need help having a voice. It's one week. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, we didn't let her come up. I think she was saying we are in agreement. So, if we could hear from her one more time before we make a decision like that to put this off. I think that would be helpful. Maybe come back up one more time. De Weerd: Don't talk until you get there. So, Patti Yost. Yost: Patti Yost. 330 3rd. I have spoke to Robert since I -- he was in L.A., so it's -- it's been a difficult situation for him as well. It's the -- Rod, I think he might be the contractor -- is the -- the situation. It's a bully situation. So, what he relays to me and what he relays to him and what he relays around, I'm not sure how that whole thing works. But I have spoke to Robert. We have been under -- we came to a common mind through a phased process that we both share, but my questions still were not -- like I still would like that address -- like take the equipment off my fence. Put my fence back. But it's not been agreed upon. So, we could also about the dust and the next thing I know that he would and she gave me his word and the next think I know there was a truck out there. I do trust this man, I just think it's difficult for, because where he is at and where this is. But I wouldn't say that my -- I feel in limbo. Until that sense is up I won't know what's going on. I haven't known for a year and a half, so -- questions? De Weerd: No, I don't think there is any questions, but thank you. Yost: But I want to thank you. I appreciate just the idea that confirmation that it is -- these things do come up and that you can be intimidated. I am also the only single woman -- I don't know if that has something to do with it, where the intimidation comes from, because I don't feel that others in the neighborhood they will -- these people have lived in our -- I have lived here 15 years. Some of them have lived there 20, 30, 40 years. It's been a real -- it's brought us together as a neighborhood as neighbors, which is the good that comes from it, but it's been difficult. De Weerd: Well, it looks like you have good neighbors. Yost: We do. We do. We really do. Meridian City Council May 24, 2016 Page 68 of 86 De Weerd: Okay. Thank you, Patti. Riley: Mayor, Council Members. Penelope Riley. Post Office Box 405, Boise, Idaho. 83701. With Josh's help the road -- the actual paved surface is between 18 and 18 and a half feet wide. The travel area. So, there is going to be about like nine foot length I think. Bird: What happened to 24? Riley: Oh. I apologize. I was looking at the call out. I'm afraid it's a surveyor notation, not the -- I'm glad she brought it up. Then it's 30 feet. We lose five for sidewalk and we have three feet for landscaping. The remainder is going to be the travel lanes. Person: Madam Mayor? De Weerd: Mr. Bird. Bird: ACHD approved that for apartments? Riley: Yes, sir. Bird: You got to be kidding. De Weerd: Well, it -- Riley: With regard to the rest of your questions, Mayor, I had intended on sending an e-mail to the development team tomorrow morning and let them know what happened this evening and I have limited impact, but I will remind them again that they need to be good neighbors and there probably isn't any reason for that equipment to be right next to her fence, so get it pulled away and -- anything else I can do to help with I'm happy to do so. De Weerd: Thank you. I guess we -- we outlasted Justin. Bird: I seen that before. I was going to call him up. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I move we close the public hearing on H-2016-0031. Bird: I will second that. Meridian City Council May 24, 2016 Page 69 of 86 De Weerd: Okay. I have a motion and a second to close the public hearing on this item. All those in favor say aye. Any opposed. Okay. MOTION CARRIED: ALL AYES. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Reaction. Madam Mayor, I move we approve H-2016-0031. Period. Bird: I will second it. De Weerd: Okay. I have a motion and a second to approve 9-F. Any discussion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I think it should be continued until we have Robert's confirmation that some of this -- these issues are going to be fixed and maybe some answer from ACHD on that narrow, so -- Palmer: Madam Mayor. De Weerd: Mr. Palmer. Palmer: So, the few months I have been doing this it's coming back before us again; right? De Weerd: Huh-uh. Palmer: They can build the building if we approve this right now like this? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, what will only come back to you is the final plat and all you would be looking at is if the final plat is in general conformance with this. So, there is nothing else to approve or anything differently at point, it's just whether it's in general conformance with what they provided you today. Palmer: And was that -- is that -- that goes on Consent Agenda; right? Or is that something -- Meridian City Council May 24, 2016 Page 70 of 86 Nary: It can. It is not a public hearing. It can go on the Consent Agenda if they are in agreement with the staff's -- if the staff agrees that it is in general conformance with what was already submitted. Palmer: Okay. Nary: So, there is no public hearing on a final plat. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Mr. Nary, legally we can't do anything about the roadway I don't believe. The width of the road. Legally we can't -- we can't define the property lines between the applicant and the existing deal. I don't -- I don't know why we want to get involved in civil matters that -- they have got the water to each property, as I understand -- the irrigation water as required. ACHD approved the road, which that's their job. While I might not agree with it, at least -- but I don't know what more we can do, other than just not approve the whole preliminary plat and send it back. I mean I don't know -- Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I will second Councilman Milam's motion. You didn't -- De Weerd: I'm like where was that. Milam: We were just having a conversation, but thank you. Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't know if it would be even possible to get Robert on the phone, if we could reopen the public hearing and give him a call. De Weerd: No. Milam: No, we can't do that? That was just a thought. Because I know time is money, as opposed to extending this out two weeks for something like that -- a third option. Cavener: This question needs to be answered. Nary: Madam Mayor? Meridian City Council May 24, 2016 Page 71 of 86 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, to answer Council Member Milam's question, telephonic testimony isn't in the code. You either have to provide written testimony or physically present testimony. So, we can't do a telephone conference with an applicant or a witness. So, that's not available. So -- and although Mr. Bird didn't ask a question, you may not have enough information in the record today to deny the preliminary plat, but you -- certainly if you choose to delay the decision on the preliminary plat, because you still have questions, you certainly have ability to do that,. Niemeyer: Madam Mayor, if I could add something on the lane coming in, when I originally heard 24 feet I knew that was within the code. However, when I heard 18 I became concerned and got a hold of our fire marshal Perry Palmer. The fire code is 20 feet is the minimum for a fire lane and this is a fire lane. ACHD, per Chief Palmer, can sign off on less than that, but it still also has to be approved by him and his comment was I have been saying 20 feet all along. So, for consideration in your discussion it does not meet the fire code at 18 feet. De Weerd: Okay. We do have an active motion to approve this -- Milam: Madam Mayor? Can I make a substitute motion? De Weerd: You can. Milam: I move that we continue this public hearing -- it's already closed; right? So -- De Weerd: Right now that would -- Milam: Maybe hear testimony from -- or written -- should we reopen it now? De Weerd: You could -- you could make a substitute motion to -- well, I don't know. I need a Parliamentarian. Nary: Madam Mayor, if I could help. You can make a substitute motion to continue this matter for two weeks. If that's seconded and the vote is affirmative to do that, you can then move to open the public hearing for specific testimony on the issues that have been raised in two weeks, but you don't have to -- you don't have to open it and, then, continue it, you can continue it and open it. Either way. Milam: Could we open it next week or we open it today? Meridian City Council May 24, 2016 Page 72 of 86 Nary: You would open -- you would move to open it after you move to continue it if you're wanting to accept testimony. Bird: Madam Mayor? Before we have another motion, while this -- De Weerd: Mr. Bird. Bird: -- while the one is on the floor I can still talk. We -- evidently from what Chief Niemeyer just said, this -- this plat is not legal, because the roadway don't meet it. So, personally, I would just as soon vote to deny it and, then, they can come back with a refiguration on their deal. But if it's against our code not being 20 feet and she stated that it was not 20 feet, it was 18 feet, well, then, how can we approve it or even want to continue it? De Weerd: Well, I guess you should reopen the public hearing so you can ask the applicant or continue it to ask ACHD on what they based their approval on and, then, have the conversation, because you haven't had that conversation yet. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I think I heard the chief say that they can -- De Weerd: ACHD can. Palmer: Oh, ACHD can, not you guys. Okay. Well, then, didn't they by approving it? De Weerd: We don't know. They are not here. Palmer: So, then, they are asking for us to approve the preliminary -- approve the plat. Can we do that and if ACHD did it, then, it's good, if not, then, it won't move forward anyway, what they are asking for tonight. Beach: Madam Mayor, if I may, in the plans that were submitted to staff indicated that its a 20 foot drive aisle. So, I'm not sure where the disconnect is between the approved plans that we approved with the certificate of zoning compliance and the plans that the applicant had and is reading to us from. The plans clearly show that it's a 20 foot drive aisle and that's what we approved. Palmer: Madam Mayor? In that case, I'm going to support the substitute motion. De Weerd: I don't know if I've had a substitute motion yet. Milam: Madam Mayor? Meridian City Council May 24, 2016 Page 73 of 86 De Weerd: Yes, Mrs. Milam. Milam: I move that we continue this matter to June 7th to accept testimony from the owner of the property and get clarification on the drive aisle, that we have the right plat that we are looking at. De Weerd: Okay. Cavener: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: Okay. All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: And now I would need a motion to reopen the public hearing. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we reopen the public hearing for 3rd Street Square Subdivision, H-2016-0031. De Weerd: Okay. Do I have a second? Little Roberts: Second. Cavener: Second. De Weerd: Okay. I have a second to reopen the public hearing. All those in favor say aye. Any opposed? Okay. MOTION CARRIED: ALL AYES. De Weerd: So, this has been set, then, for -- to be heard again on June 7th, specifically to discuss the drive aisle and to get an update on the -- the issues that we heard at the hearing tonight. So, thank you for joining us. Item 10: Department Reports Meridian City Council May 24, 2016 Page 74 of 86 A. Continued from the May 10, 2016 City Council Meeting: Parks and Recreation Department: State/Local Agreement Project No. A013 (918) Rail With Trail Pathway Between the City of Meridian and the Idaho Transportation Department Regarding the Referenced Federal Aid Project for a Rail with Trail Pathway in Fiscal Years 2018 and 2019 for the Not-to- Exceed Amount of $501,000.00 De Weerd: Item 10-A is a Department Report continued from May 10th under our Parks and Recreation. Jay. Gibbons: Madam Mayor, Council Persons, we -- I appreciate the opportunity to come back and talk to you about this item. So, I promise -- and we were -- two weeks ago when we talked there were some questions as to whether the location of this project is -- is the appropriate location for a pathway and also requested -- Council requested additional documentation supporting the application of -- or the award of the -- the grant in the first place and also a more detailed mapping and some cost. I provided that -- a packet of information on the 13th of May, Friday before I left town. Spent a week thinking about it and now I'm back. I have some answers and ultimately -- so, what we are really talking about on this project is, of course, whether we are going to sign the -- enter into a state local agreement with ITD to accept the grant for construction money in two years. So, with regard to the pathway being in the correct location, ultimately no. There is an however. Ultimately -- okay, we are part of a new work group at COMPASS that is a regional Rail With Trail group. We are working on a bunch of information, research, answers and documentation that are able to go back to this -- to the railroad with. We envision the entire pathway from Caldwell to Nampa being inside the rail corridor. However, my however to this ultimate location that is outside and directly adjacent to the north right of way line for Meridian to 7 1/2 Street or 9th or where Nine Mile Creek, then, turns north off the rail right of way, is that because we are -- our future plans for a Rail With Trail pathway coming out and hitting Meridian Road may or may not be the most appropriate place to put a pedestrian crossing in the first place, not to mention that would -- in order for it to be within a right of way that's going to impact the south end of our parking lot on the south side of City Hall, because we have a lease with the railroad in order to encroach on the rail corridor at that point. Of course, as part of our plan we have an alternative route, which is to bring pedestrians from the rail corridor up to Broadway, be able to cross at the existing HAWK signal or future traffic signal and then -- because this is also the busiest corridor for the railroad, considering that the spurs that -- series of spurs that Progo uses to load their cars, it may be appropriate -- and according to our alternative plan is to bring that traffic -- that pedestrian-bicycle pathway onto Broadway to 3rd Street and get back on the -- on the rail corridor at that point. So, this -- this particular location, this particular piece of pathway would be an appropriate location as it -- it would be the place to cross Nine Mile Creek, Meridian City Council May 24, 2016 Page 75 of 86 because there is already a natural -- when it turns north it's -- there is a natural land bridge. I mean it's underground for that little -- that turn, because you have got the Rutledge and the Nine Mile which kind of cross. So, their pipes cross each other in that area. That's an appropriate location to come off the rail corridor, enter onto this roadway -- this pathway that we are proposing to build off right of way and, then, bring it up 3rd Street to Broadway, we are going to provide ten foot wide sidewalks in ACHD's current right of way on those two street, because they don't have sidewalks, let alone ten foot sidewalks. So, ultimately, it may not be the perfect long-term place for the pathway that we envision the pathway to be, but it also -- it does meet an ends to a -- or means to an end in that it does fit our alternative routing around Meridian Road itself. So, in that regard I can answer that question. And, then, other than that I'm going to stand for questions, because I did -- I did provide some cost estimates that shows that even -- even though the grant application originally applied for a million dollars, which exceeded the grant fund at that time, so we got half a million. We assume we could do a half a mile in that -- with that amount of money. Today's dollars, based on recent projects and when we did the original cost estimate we didn't anticipate tiling the Rutledge Lateral, however, after discussion with the irrigation district that's going to be required. But doing that still fits within the project budget. We still have sufficient project budget within that half million -- for five hundred one thousand dollars to do it. So, it should be okay to go there and it also -- by turning -- by turning this -- the end of this pathway up along Nine Mile Creek and hitting Broadway again, it looks kind of like a little loop, but that also is a tie into the future Rail With Trail Inside the corridor as it comes out of the neighborhood down into the rail corridor. So, the people are going to go when we build the pathway farther west and go to Linder and what have you, that we are going to need routes off right of way, up the creeks and the irrigation laterals into the neighborhood and make those natural connections. So, you know, we -- we can do this project. I'm a whole lot more -- well, I was advised to take a -- to make a recommendation. I didn't. Last time I was here I was on the fence. I could go either way. I could build it or we can turn the money back. I'm okay to go either way. It was recommended that I come back with a recommendation and illustrate that it -- it does comply in many regards with our plans. So, if we choose to sign a state local agreement and move this forward, I have a -- I have a consultant on track to start on a -- on a few proposals to do the design documents and enter into contracts with the city and ITD to get that design process started that we have a year to complete. So, with that I will stand for questions. Not to drag this out any longer. De Weerd: Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Meridian City Council May 24, 2016 Page 76 of 86 Little Roberts: Jay, if we hold off, how long would it take us to have an alternative route? Gibbons: As the alternative route as far as -- Little Roberts: The optimum be the corridor -- Gibbons: The optimum would be the corridor. Correct, Councilman -- Little Roberts: But we -- Gibbons: That remains to be seen. We do have our work group scheduled with all of our work with COMPASS to be complete by October of 2017. That means we will be ready to go and start working again with the railroad, but I have been here five years and nine months and I'm not a whole lot closer to getting anything out of the railroad at present, so -- you know, we have high hopes and we will see where that goes. But the problem with -- we can't -- we can't delay the state local agreement, because -- because that's a -- we need to encumber those funds with COMPASS and ITD from an administrative standpoint and I need a year to get the survey work, the environmental clearance, the design documents and be ready to bid the end of next year -- a year from October, so -- October of '17 when the funds become available. So, I have to tile that during the winter, so -- so, we don't have a lot of time. I was putting it off as long as I could. Between COMPASS and ITD they have -- we have worked with legal in the past three months to finally edit their boilerplate standard state local agreement to suit this project specifically, so it's taken some time, but -- a lot of things up in the air. De Weerd: So, the half million dollars would connect a half a mile? Gibbons: Roughly a half a mile, yes. De Weerd: And that would -- it would connect to Meridian Road? Gibbons: Meridian Road. De Weerd: And it would go west? Gibbons: It would go west to about 7 1/2 Street is where Nine Mile Creek turns north. That's where the irrigation district land runs into private residences and the rail corridor on the south. I run out of access without permissions or land to build additional pathway on. De Weerd: And interim is so you do have something on the rail corridor. Where would the -- the walker or bicycle go from there? Meridian City Council May 24, 2016 Page 77 of 86 Gibbons: Currently they would -- they would end up on Meridian Road at -- at Broadway and -- De Weerd: Okay. I know where it starts, but when it goes to 7th -- Gibbons: Then it ends up back on Broadway again, because Nine Mile Creek hits Broadway and, then, there is -- there is a maintenance road -- I'm not going to encourage people to go up the irrigation, but -- De Weerd: And, then, Broadway connects to where? Bird: Meridian Road. De Weerd: No. No. No. Bird: It don't go any farther -- De Weerd: No. Gibbons: 7 1/2 Street is about as far as this pathway goes. De Weerd: So, it would dead end. Gibbons: Yes. You can see the map -- ultimately it's not the best solution, but it's -- it's what we had to work with three years ago when we put the application. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Does the location cast a dye that it's located on the north side for a good portion if the south side is preferred? Gibbons: We have -- well, the north side is what -- so, we have had an internal group of Public Works' transportation planner, the Planning Department, myself, a couple of directors -- who else was there? There was about six of us on a Rail With Trail committee internally that I walked into five years ago. So, we have looked at both sides and the amount of conflicts between buildings that are right up to the railway line -- or the rail corridor -- the different conflicts. The north is the best side to work on and from a connection to Nampa and Boise, if it's on the north side the whole way you end up at -- right on the -- the right side of -- the correct side of the Boise Depot. You also end up on the correct side of the rail yard in Nampa where it would be a -- there is a parking lot, grass -- it would be a great area for a -- you know, a commuterized type of facility there. It could turn into a transit center. You never know. But the north side is the most appropriate place that we have deemed from a conflict perspective. Meridian City Council May 24, 2016 Page 78 of 86 De Weerd: So, the map you gave us kind of dead ends, so I -- Gibbons: Yeah. De Weerd: -- I don't know what is west. I believe it's apartments and I thought that -- Gibbons: There is a -- there is a group of -- it's actually a subdivision, single family homes directly to the west of Nine Mile Creek. De Weerd: And was there no easement for a pathway? Gibbons: No. It was developed before we had -- before we had a pathway plan. It dates back quite a few years. And, then, you get down farther than that and there are some apartments and there is -- there are some opportunities farther to the west, but -- Bird: You got a nursing home. Gibbons: It gets more complicated after this outside the right of way. Not impossible. De Weerd: So, in one sense it would save when we -- we would save money when we were able to do a Rail With Trail, if that ever happens in our lifetime. Otherwise, it would just connect nicely for the people that want to get to downtown. Gibbons: Correct. And whatever happens across the street on the rail property. If anything ever happens there. I would hope that it does. McCarvel: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm thinking that this is much closer to being a bird in our hand instead of birds in the bush on the railway trail and like to make a motion that we approve 10-A for the Parks and Recreation to proceed with project A013(918) Rail With Trail pathway. Gibbons: It could be a simple as -- as a motion to authorize the Mayor to sign the state local agreement by that key number. Little Roberts: Okay. Can I amend my motion to that? Meridian City Council May 24, 2016 Page 79 of 86 De Weerd: Yes. So, I have a motion to approve Item 10-A as stated. Do I have a motion -- a second? Borton: Second. De Weerd: Okay. Discussion? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Just so it's on the record, I had mentioned it last time, but we didn't end up voting on it. I just think there is too many ifs to justify borrowing from China for it. De Weerd: Okay. Any other discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, nay, Little Roberts, yea. De Weerd: The ayes have it. MOTION CARRIED: FIVE AYES. ONE NAY. De Weerd: Thank you, Jay. Gibbons: Thank you. B. Community Development Department, Building Services Division Report: Repeal of Height Restriction for Detached Accessory Structures (Sheds) De Weerd: Item 10-B is under our Community Development. Chatterton: Madam Mayor, Council Members, on this item I just want to point out that Meridian's finest Matt Parsons out lasted our ACHD representative. He's here to help me with an assist on this if necessary and really appreciate him spending four plus hours out of his life to -- to be here, along with the rest of us. This has to do -- I hope you're in a mood after this long meeting to repeal something. I don't know about you, I feel like repealing something. We always think of our development regulations as living documents, but sometimes because they are living documents they get out of sync with what's going on in our community. Staff is recommending that we repeal the height restrictions on detached residential structures and that's currently part of our locally adopted building code. That's an amendment we made locally to the building code, which has been adopted by the state. As you know, we can be more restrictive, not Meridian City Council May 24, 2016 Page 80 of 86 less. So, detached residential structures -- sometimes we call them accessory structures or sheds; right? They are basically under 200 feet in size. They are allowed in side yards and as long as they are under 200 square feet in size and in the side yard, you don't need a permit and whether it's something you buy and stick in the ground or something you build yourself. And you're allowed one of these. So, currently our local amendment to the building code limits these structures to a maximum of eight and a half feet. Eight feet, six inches. We want to repeal this. I guess why you're asking? Because the height of most of the product sold nationally and locally -- and I have got a Home Depot brochure here to prove it -- we have done a lot of research. The height averages closer to 11 feet tall for most of say the Tuff sheds, to name a brand name, and this is typical again of what's being sold here locally and nationally. This creates for me questionable value, a big headache for code enforcement and Matt I think can talk a bit about that. We are using resources to enforce this and we are not really sure exactly why. So, this puts us at odds really unnecessarily with homeowners who, in all innocence, are going out and buying what Home Depot, Lowe's, other places sell and puts them at odds with -- excuse me, I'm losing my voice tonight. Also many HOAs restrict these buildings as well, so -- in areas that it really will not be an issue to have them at a certain height. So, remove the restriction on height. Really, I think what we are doing in repealing this would be to get rid of a regulation that's in search of a problem. Now, what happens if we don't like the results of this? If we start getting some odd structures that have this small footprint in side yards that are going up higher than we would like them, what we are asking is you to -- to kind of take a little risk with us here -- probably minimal risk. If that's a problem, then, we can amend -- we can amend the UDC, which is really where this restriction should be. If it's anywhere it should be in the UDC. So, we want to see if we have a problem and it really doesn't make sense to have this as part of our locally adopted building code and, again, if problems do crop us we can amend the UDC. So, the proposed ordinance next on your agenda repeals the code section limiting accessory structures in height. We are not going to regulate the height of these structures. Happy to answer any questions. Matt's here as well to talk about code enforcement's wonderful experience with regulating this. Milam: Mr. President? Bird: Council Woman Milam. Milam: Bruce, so why -- why is your recommendation to just repeal the height, as opposed to amending it to a higher -- you know, before we get any like two story, big treehouse kind of structures and maybe we will get some really neat things out of, but -- Chatterton: Yeah. Mr. President, Council Woman Milam -- Milam: The neighbors probably won't like it. Meridian City Council May 24, 2016 Page 81 of 86 Chatterton: -- it could well be that we will end up with a height limit, we just don't know what that is. Again we know the product information. These things are tending to be around 11 feet in height, but we are not really seeing a problem with what folks are building out there currently. And, I don't know, Matt, if you want to chime in on code's experience there. Milam: I'm just saying like 12 feet or something, pretty covers probably anything that's out there, and still kind of gives that layer of protection a little bit. Chatterton: We certainly could amend that to 12 feet. That's -- but what we would do is -- prefer to do is to do that through our zoning code, as opposed to the -- the building code. It's -- you know, again, we have a very limited number of local amendments to that. We basically take it as it's given to us by the state, but we think the UDC is a better place for that. Parsons: Yeah. Matt Parsons, Meridian Police Department. I'm sergeant with the police department at 1401 East Watertower. He is exactly right, the UDC is where this does belong and so this is actually one part of a two part series and so later on in the fall you will see us going towards amending the UDC code, which will involve a little more than just height, it will possibly allow us to move sheds in side yards with a little more ease than what we have been in the past. Within the building industry envelope -- the house has a building envelope fairly close to the house you can build up to 35 feet anyway and so -- and, of course, that's not the goal here, but it is possible someone could try and take advantage of this and we just want to -- and we will monitor that. I think we understand the risks of that. But the average height, as he said, is really just -- you don't see a lot of custom sheds. A lot of them are store bought and -- and that's kind of what we are depending on is that seems to be what the majority is. So, where code enforcement gets called out is when it is a custom shed where they want to add awnings hanging over fences and things like that. We have other ways to address that. So, we think if everybody are good neighbors and they do as they are supposed to and just purchase a shed or build a shed within the normal -- I guess what the average shed looks like, not a problem. But when it starts getting crazy and over 200 square feet, then, we have other ways to address that. So, I think that this is a good move for code enforcement. It will reduce the amount of cases they have to take for something that, you know, it's hard to go out there and enforce something when you -- you kind of believe it yourself, you know, you think, well, that's reasonable. That's a reasonable amount of height for that shed and it's -- you know, it's the one that's not, you know, 35 feet tall, it just seems reasonable. So, that's why we want to do it. Milam: Okay. Thank you. Parsons: Any other questions? Thanks, Mayor. Thanks, Council. Meridian City Council May 24, 2016 Page 82 of 86 De Weerd: Thank you. Any other questions from Council for staff? So, next steps on this, Bruce? Chatterton: Madam Mayor, you have on the agenda the ordinance repealing those and, then, we will be cuing up if necessary a UDC amendment if we feel that working with code we need to actually limit the height of these structures. Again, we don't anticipate a problem. If there is one our -- you know, we will still have -- we will still have the UDC to rely on and we will have a series of amendments for the UDC coming along, as Matt said, in about three months. Item 11: Ordinances A. Ordinance No. 16-1691: Repealing Meridian City Code Section 10-1-3(G), Height Limits on Detached Accessory Structures De Weerd: Okay. Nothing further? Okay. Item 11-A is Ordinance 16-1691. Madam Clerk, will you, please, read this by title only. Jones: Thank you, Madam Mayor. An ordinance repealing Meridian City Code Section 10-1-3G regarding detached accessory structures, adopting a savings clause and providing an effective date. De Weerd: Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1691 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 11-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. B. Ordinance No. 16-1692: An Ordinance (Swindell Subdivision RZ-15-011; AZ -15-010) For Annexation And Meridian City Council May 24, 2016 Page 83 of 86 Rezone Of Parcels Of Land Located In The Southeast ¼ Of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut And C-G (General Commercial) To C-C (General Retail And Service Commercial) District In The Meridian City Code De Weerd: Item 11-B is Ordinance 16-1692. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An Ordinance an Ordinance Swindell Subdivision, RZ-15-011; AZ-15-010, for annexation and rezone of parcels of land located in the Southeast ¼ of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and C-G, General Commercial to C-C, General Retail and Service Commercial 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 reading ordinance and providing for a waiver of reading rule and providing an effective date. De Weerd: Do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1692 with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 11-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 24, 2016 Page 84 of 86 C. Ordinance No. 16-1693: An Ordinance of the Mayor and City Council of the City of Meridian Amending Meridian City Code as Codified at Title 8, Section 6, Entitled the Public Works Construction Standards, Adding the City of Meridian Public Works Design Standards; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: 11-C is Ordinance 16-1693. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code as codified at Title 8, Section 6, entitled the Public Works Construction Standards of the Meridian City Code, adding City of Meridian Public Works Design Standards and providing for a waiver of the reading rules and providing an effective date. De Weerd: Do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 16-1693 with suspension of rules. Borton: Second. De Weerd: I have a motion and a second to approve Item 11-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. D. Resolution No. 16-1144: A Resolution of the Mayor and City Council of the City of Meridian Adopting Public Works Design Standards for the City of Meridian; and Providing an Effective Date De Weerd: 11-D is 16-1144. Madam Clerk, will you, please, read this by title. Meridian City Council May 24, 2016 Page 85 of 86 Jones: A resolution of the Mayor and City Council of the City of Meridian adopting Public Works Design Standards for the City of Meridian and providing an effective date. De Weerd: Thank you. Council, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve ordinance -- resolution number 16-1144. Milam: Second. De Weerd: I have a motion and a second to approve Item 11-D. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea, Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 12: Future Meeting Topics De Weerd: Council, anything further under Item 12? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I would like to see repealing ordinances every week. Chatterton: We will do our best on that. De Weerd: We have a policy on policy. Do I have a motion to adjourn? Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council May 24, 2016 Page 86 of 86 MEETING ADJOURNED AT 10:26 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) .m__ wIFIMM-Y. - WEER. ATTEST: JACY JO ES, ffY-CLERK C0 i --q- iI �0 DATE APPROVED Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6A PROJECT NUMBER: CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: License Agreement B. License Agreement Between the City of Meridian and the Nampa and Meridian Irrigation District Regarding a Pathway for the Purdam Drain Located Within the Baray Subdivision No. 1 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 2016-050362 BOISE IDAHO Pgs=10 BONNIE 061101201608:41 AM NAMPA'MERIDIAN IRRIGATION DIST NO FEE 111111111111111111111111 IN 11111111111111111111 00234763201600603620100109 AGREEMENT AGREEMENT, made and entered into this —4. day of _, 2016, by and between NAMPA & MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, hereinafter referred to as the "District," and THE CITY OF MERIDIAN, a political subdivision and municipality of the State of Idaho hereinafter referred to as the "City," WITNESSETH: WHEREAS, the parties hereto entered into a Master Pathway Agreement For Developing and Maintaining Pathways for public use along and across some of the District's ditches and within some of the District's easements and fee title lands dated December 19, 2000, recorded as Instrument No. 100102999, records of Ada County, Idaho, hereinafter referred to as the "Master Pathway Agreement;" and, WHEREAS, the District and the City intended by entering the Master Pathway Agreement to accomplish the following in a manner that is consistent with their respective legal and fiduciary responsibilities; to enhance the City's pathway planning though early consultation between the City and the District; to establish a process for the City's submission of pathway requests and the District's consideration of such requests; and to provide the general conditions for the District's approval and authorization of pathway requests affecting the District's ditches, property, operations and maintenance; and, WHEREAS, the District grants to the City the right develop pathways to encroach within the District's easements along and across the District's ditches, canals and easements therefor upon the terms and conditions of said Master Pathway Agreement and after the execution of an agreement for each proposed crossing and encroachment; and, WHEREAS, the City is the owner of the real property easement / right of way (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof, and, WHEREAS, the District controls the irrigation/drainage ditch or canal known as the PURDAH DRAIN (hereinafter referred to as "ditch or canal") together with the real property and/or easements to convey irrigation and drainage water, to operate and maintain the ditch or canal, and which crosses and intersects said described real property of the City as shown on Exhibit B attached hereto and by this reference made a part hereof; and, AGREEMENT - Page 1 WHEREAS, the City desires approval to construct, install, operate and maintain a paved pathway within the District's easement for the Purdam Drain under the terms and conditions of said Master Pathway Agreement and those hereinafter set forth, NOW, THEREFORE, for and in consideration of the premises and of the covenants, agreements and conditions hereinafter set forth and those set forth in said Master Pathway Agreement, the parties hereto agree as follows: 1. The City may construct, operate, maintain and repair a 10 foot pathway within the District's real property and/or easement for the Purdam Drain, located within Baraya Subdivision No. 1, located southeast of the intersection of S. Black Cat Road and W. Franklin Road, Meridian, Ada County, Idaho. 2. Any construction, widening or crossing of said ditch or canal shall be performed in accordance with the "Special Conditions" stated in Exhibit C, attached hereto and by this reference made part thereof. 3. The permitted hours of use of the pathway shall be from one half hour before sunrise and one half hour after sunset. 4. The parties hereto incorporate in and make part of this Agreement all the covenants, conditions, and agreements of said Master Pathway Agreement unchanged except as the result of the provisions of this Agreement. The covenants, conditions and agreements herein contained and incorporated by reference shall constitute covenants to run with, and running with, all of the lands of the City described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the District has hereunto caused its corporate name to be subscribed by its officers first hereunto duly authorized by resolution of its Board of Directors and the City has hereunto subscribed its corporate name to be subscribed and its seal to be affixed thereto, all as of the day and year herein first above written. �- NAMPA & MERIDIAN IRRIGATION DISTRICT By a /__..�. �� Its Presiden "' ATTEST: Its Secretary AGREEMENT - Page 2 THE CITY OF MERIDIAN By r\ County of Canyon ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared Donald Barksdale and Daren R. Coon, known to me to be the President and Secretary, respectively, of NAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. er ,,�'�,P°°°•°°°°•°° o�9,,y o,otary Public for I ` ho \% Residing ate ,.Idaho . My Commission Expires:,, � STATE OF IDAHO o '0(.IBi_\G // i . .......°O° i A® County of Ada ) ,�,e 0F0®O0®`®a®tl On this QIA+qday of -ACO _ £ 2016, before me, the undersigned, allotary Public in and for said State, personally appeared - &ke and -� , known to me to be the 4--�1o._( n Y' and C Cl respectively, of The CITY OF MERIDIAN, the entity that executed the foregoing instrumelit and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above® ®600 so ®e® Notary Public for�Lt1 J ® 7� ; Residing at 1J My Commission Expires: ° Nc **z A4140 6666 6680®®° AGREEMENT - Page 3 EXHIBIT A Legal Dcscription A right-of-way within Lot 1, Block 3 of Baraya Subdivision No. 1, located in the NE 1/4, NW 1/4, Section 15, Township 3 North, Range I West, B.M., Ada County, Idaho as more particularly described in the Pedestrian Pathway Easement attached hereto as Exhibit A-1 and by this reference incorporated herein. EXHIBIT B Location of Property/Drain See Exhibit C-1 attached hereto. EXHIBIT C Special Conditions a. The location and construction of the pathway shall be in accordance with Exhibit C-1, attached hereto and by this reference made a part hereof. b. The District's easement along this section of the Purdam Drain includes a sufficient area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Purdam Drain, and to access the Purdam Drain for said purposes and is a minimum of 100 feet, 50 feet to either side of the centerline. C. Construction shall be completed one year from the date of this agreement. Time if of the essence. AGREEMENT - Page 4 ADA COUNTY RECORDER Christopher D. Rich 2016-037781 BOISE IDAHO Pgs=5 BONNIE 051041201610:33 AM MERIDIAN CITY NO FEE I y 002213012016 3 I'It:I ESTRIAN PA'I'i- 'b"t1A`S' t;ASE'MEN',r TFICS AC RF'EMENT, made and entered into this 55 day of fj AAq----., 2016, between CHALLENGER DEVELOPMENT, INC. hereinafter referred to as "Grantor" and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee'; WITNESSETH: WHEREAS, Grantor is the owner. of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public pedestrian pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRES SLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. Pedestrian Pathway Easement Exhibit A-1, page 1 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawfiil right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: CHALLENGER Qjr-V ;IXPPMEN`1', INC. a' Its: (''iCe—: STATE OF IDAHO } ss County of Ada } On this ( " day of r , 201 G before me, the undersigned, a Notary Public. in and for said State, personally appeared Corey l). Barton, President of and on behalf of Challenger Development, Inc., known or identified to me to be the person that executed the within instrument, and acknowledged to me that the 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. Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at:iGt�=1 Commission Expires: Exhibit A-11 page 2 GRANTEE: CITY OF MERIDIAN Tarnmy Attest bylwyeL—FIohn-40 rcity Cierk -Stx� '. Ovves Approved By City Council On: ooj' ...... ... . . STATE OF IDAHO ss. County of Ada Oil this ot ' ----- . 2016, befbre me, the undersigned, a Notary :7 -- .. . .. . ........................ . Public in and for said State, personally appeared TAMMY DE WEERD and4A*67BC �A�q 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. (SE T40 V A OR IDA., NOTARY PUBLIC 17 A' Residing at. T,. .. ........... . . Commission E'Npires: 39 -':937-0-09a #A t 0 Pedestrian Pathway Easement Exhibit A-1, page 3 October 28,2O14 EXHIBIT A DESCRIPTION FOR REGIONAL PATHWAY EASEMENT BARAYA SUBDIVISION /\25.00foot pathway easement located iOthe NE1/4ofthe NVV1/4ofSection 15, 13N., R.IW., B,M., Ada County, Idaho, more particularly described as follows: Commencing at the N 1 /4 corner common of said Section 15 from which the Will 6 corner of said Section 15 bears North 89*15'34" West, 1320.28 feet; Thence along the North boundary line of said Section 15 North 89'15'34" West, 1177.28 feet; thence leaving said North boundary line South 00031'51" West, 71.12 feet to the REAL POINT OF BEGINNING. Thence continuing South OO"31'51"VVoot 59.88 feet; Thence South 88"15'34"East, ' 379.81 feet; Thence South 87"41'35" East, 7O.41feet; Thence South 87°55'41" East, 74.57feet; Thence South 43"D3'55/' East, 73.28feet; Thence South 2S"O21O7" East, 3B3.51feet; Thence South 6D°57'53" West, 25.ODfeet; Thence North 2Q=O2'07" West, 39O.44feet; Thence North 4D"O3'55" West, O4.T1feet; Thence North O7"55\41" West, 84-7Ofeet; Thence North 87"41'35' West, 85.71feet; Thence North 8Q"15'34" West, 4O7.32feet; Thence 4.32 feet along the arc of anon-tangent curve bothe right having aradius of 169.00 feet, a central angle of 01027'48", and a long chord which bears North 00*12'03" West, a distance of 4.32 feet; Thence North O7"22'5O"East, 25.15feet; Thence North D0°31'51"East, 35.51 feet; Thence North 45"38Y]8"East, 28.34feet; Thence South 89015'34" East4.g8feet hothe POINT [F BEGINNING Containing 26,423 square feet, more or less. Exhibit A-?' page 4 SO'31'51"W 71.12' OASIS OF BEARING S.9 5.10 iJE39'i5'34"W . W 1%16 N89'i5'3!"W 137.0.28' S.10 tfh S.16 5.15 132ti.28' 143,00' _ 1177.28` - S,15 L10 REAL 1'O►NT OF BEGINNING — PURDAM DRAIN) S89'15'34"E 379.81' L12 4,3 1 N89 -15'34"W 407,32 L13 C t IL J \ J @ @ L! 0 Q Cam 1 10 1f 1 BLOCK 3 25' WDE PATHWAY EASEMENT x 1- 16 0 ME IN LINE TABLE LINE LENGTH BEARING U 59.88 SO'31'51"W L2 74.57 S67'55'41"E L3 73.29 S43'03'55"E L4 25.00 S60'57'53"W L5 64.71 N43'03'55"W L6 64.70 N6755'41 "W L7 25.15 S7'22'50"W L8 35.51 SO'31'51 "W L9 28.34 S45'38'08"W L10 4.93 N89'15'34"W L12 70.41 S87'41'35"E L13 65.71 N87'41'35"W CURVE TABLE CURVE RADIUS 'LENGTH CHORD DIST, CHORD BRG, ` DELTA C1 169.00 4.32 4.32 SO'12'03"E 1'2748" IDAHO D'/'1f lO 1450E.WA +r cvi inr�:i. ra ?+rfaia , n:;sro�nu 408 No. EXHIBIT B 13-159 TERTOWER ST, REGIONAL PATHWAY EASEMENT s�leEr NO. SUITE 130 SURVEYMEROIAN.IDAHO 83642 BARAYA SUBDIVISION 1 GROUP, P.C. .C. (206) 946-6570 DIM DXTE LOCATED IN THE , T.M.4 R WINE NW 1/4 ANA, THE NW UN '4 THE NE 1/4 10/28/2014 M SEDDON 1S, . RAW., B.M., MERIDIAN, ADA COUNTY, IDAHO Exhibit A-1, page 5 0-- Hit, Exhibit C -1 Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: CableONE Movie Night CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and Biolife Plasma Services for a Not -to -Exceed Amount of $1,000.00 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 Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this 2A day of , 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Biolife Plasma Services, whose address is 4120 North Eagle Road, Boise, Idaho 83713 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 24`h, 2016 and August 20h, 2016 installments of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single -Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City one thousand dollars ($1,000.00), which is equal to two (2) Single -Night sponsorships at five hundred dollars ($500.00) each. In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or either sponsored showings are cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit for each cancelled or shortened showing to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. Mov[E NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE I of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOviE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. S. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 o(' 6 loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement 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. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. 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. 18. 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. 19. 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. 24. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 or 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Lauren Branch laureti_�branch@baxalta.com City Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Repre .five Signature Please Print Name CITY OF W &44,f Title Date TEOgVCG s ATTEST: 01.v or , A Tammy aye erd,l'�3V aytxr—_ \m SEAL eeIvlmarr, City CIerk � '_) Dale s MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOviE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: CableONE Movie Night CableONE Movie Night in Meridian 2016 Single -Night Sponsorship Agreement Between the City of Meridian and New Horizon Academy for a Not -to -Exceed Amount of $500.00 CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2016 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2016 INGLE-NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this day of 11_, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and New Horizon Academy, whose address is 1830 North Meridian Road, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's August 12, 2016 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on May 27, 2016, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2016 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2016 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2016, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2016 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement 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. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. 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. 18. 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. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Joanna Rada jrada@nhacademy.net City Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. � l 6 0 k? 1/1 A e,0 d,0_ Please Print Name CITY OF MERIDIAN: i Mayor Title M Date v'\ATTEST: 0 (11Y or W IDAHO L -4 lin; City Clerk e,-; C� MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2016 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6E PROJECT NUMBER: RZ, AZ, PP ITEM TITLE: Swindell Subdivision E. Development Agreement for Swindell Subdivision (RZ-15-01 1;AZ-15-010;PP-15-013;A- 2016-0072) with Volante Investments, LLLP located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the SE 1/4 of Section 18, Township 3 North, Range 1 East MEETING NOTES A p PO ROVED 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 2016-045074 BOISE IDAHO Pgs=52 CHE FOWLER 05/25/2016 01:01 PM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00229075201600450740520520 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Volante Investments, LLLP, Owner/Developer A;"� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of �, , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Volante Investments, LLLP, whose address is 3084 E. Lanark Street, Meridian, Idaho 83642, hereinafter called O"ER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property,; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I1 -5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of 15.07 acres of land with a C -C (Community Business) zoning districts; and the Rezone of .57 of an acre and 5.09 acres of land from C -G (General Retail and Service Commercial District to the C -C (Community Business) zoning district (as described in Exhibit "A"), under the Unified Development Code; and 1.5 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and DEVELOPMENT AGREEMENT— SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 5 t day of April, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Volante Investments, LLLP, whose address is 3084 E. Lanark Street, Meridian, Idaho 83642, the owner of DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 2 OF 8 said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Prior to any development occurring on the site (including issuance of building permits), the development agreement shall be modified to include a conceptual development plan and building elevations for the overall development. The conceptual plan shall demonstrate consistency with the Mixed Use — Community designation per the Comprehensive Plan and shall include at least 3 land use types. Conceptual building elevations for future structures within this development shall be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). b. The subject property is allowed two (2) building permits prior to subdivision of the property. Prior to submittal of the third building permit, the subject property shall be subdivided. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on the final plat or issuance of the first building permit, whichever occurs first. d. Future development of this site shall substantially comply with the preliminary plat and site/landscape plan included in Exhibit A of the Staff Report that is attached to the Findings of Fact and Conclusions attached as Exhibit `B" and the conditions contained herein. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 3 OF 8 f. The developer shall provide a 35 -foot wide buffer along the west boundary of the site adjacent to S. Fignut Way; and a 25 -foot wide buffer along the southern boundary of Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A-2016-0072) to UDC 11 -3B -7C.3. Because of the irrigation and drainage easement that exists along the west boundary of the site, trees are prohibited within the easement. All buffers may be constructed at the time of lot development. g. A cell tower shall not be constructed on this site unless specifically approved by the City. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 4 OF 8 similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 5 OF 8 OWNER/DEVELOPER: Volante Investments, LLLP 3084 E. Lanark Street Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person 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 hereof 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 Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. DEVELOPMENT AGREEMENT - SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 6 OF 8 Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Vnlnnte. TnvPetmPnte T.T.T.P DEVELOPMENT AGREEMENT — SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, ) On this day of , 2016, before me, the undersigned, a Notary Public in and for said St te, perso lly appeared, known or identified tome to be the 1 r of Volante Investments, LLLP, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year iihtWfi j;pAificate first above written. D. .� 11 YY�40TA*4V'®' s A1� ry Public for I o t Ab Residing Residing at: � My Commission es:r r� •••..•O •• 3FID&' STATE OF IDAHO ) ss County of Ada 41 On this O�A day of , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and Jacy Jones, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and 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. ®•® 000.8460 ap (SEAL)tic ♦ �� • 4110 sees A tuh&, L. Notary Public for Idaho Residing at: OCe.,U w-p—� T -D Commission expires: I DEVELOPMENT AGREEMENT- SWINDELL SUBDIVISION RZ 15-011; AZ 15-010 PAGE 8 OF 8 EXHIBIT A Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps P.N. 2436 WA I T E land surveying, llC 315 E. Rimkin Drive Boisc, IP W16 208.794.6622 Tele. ANNEXATION DESCRIPTION July, 6, 2015 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at `the Southeast comer of said Section 18, from which the South 1/4 corner of said Section bears S 89'44'18" W, 2649.09 feet, thence S 89'44'18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., fora distance of 420.31 feet, to the REAL, POINT OF BEGINNING; thence continuing S 89'44'18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 201.62 feet; thence leaving said boundary and centerline N 2902'44" W for a distance of 639.50 feet to the Northeast corner of Pack It Up Subdivision as filed in Boole 84 at Page 9360, Ada County Records; thence N 6822'27" W along the Northerly boundary of said subdivision for a distance ol'368.85 feet; thence leaving said Northerly boundary N 00027'30" E for a. distance of 297.86 feet to the South boundary of the NI/2 of the NI/2 of the SEI/4 of the SEI/4 of said Section 18; thence N 89'43'12" E along said Sonth boundary for a distance of 870.99 feet; thence S 00°43'42" E for a distance of 237.09 feet; tlienec S 32023'17" E for a distance of 310.78 feet; thence S 42°19'48" E for a distance of 166.47 feet; thence S 89028'20" E for a distance of 123.78 feet to a point on East boundary line of said Section 18; thence S 00°31'53" W along said East boundary line for a distance of .106.55 feet; Z:\I'rgiccts\Pignut(xxxx)\t)ocuntcntslSwindell-AnnexDesc.doe-1 Swindell Subdivision RZ-15-001; AZ 15-010 EXHIBIT A thence leaving said boundary line S 89'44'18" W for a distance of 423.96 feet; thence S 00'15'42" E for a distance of 264,00 feet to the REAL POINT OF BEGINNING; containing 15.07 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. Z:\1'rojccts\Fignu1 (xxxx)\Doctiiiioiits\Switidell-Ai)iicxL)csc.(Ioc-2 Swindell Subdivision RZ-15-001; AZ 15-010 EXHIBIT A AWORIT Sr�altsroN A—S8944 K.D. ROOMC1100 OYERGNO RO.4�d 19 171288' 09'44 10' E 2949.08' O, E OVERLAND RA 201.1 25 100 400 REAL POINT - OF BEGINNING 0 50 200 600 SCALE: 1" = 200' THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE LAND SURVEYING, I.I.C. Swindell Subdivision RZ-15-001; AZ 15-010 vv123.78' � V l N If R S TA TE 84 S89'44'18"W 423.96 o U, o A D AC 0 U N T r N89'43'12"E 870.99' v S TO RLl MATER POND SITE ws 1n nu � W N O MO m v O Eli 7- 48.00' F S 09'44'10' W 4420.31' 18 N" _ 16T 20 N EXHIBIT ITi UNPtA T 7f0 r N3 ? 'DArisi RCYif B;'-Iy 15.07 ACRES e F AWORIT Sr�altsroN A—S8944 K.D. ROOMC1100 OYERGNO RO.4�d 19 171288' 09'44 10' E 2949.08' O, E OVERLAND RA 201.1 25 100 400 REAL POINT - OF BEGINNING 0 50 200 600 SCALE: 1" = 200' THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE LAND SURVEYING, I.I.C. Swindell Subdivision RZ-15-001; AZ 15-010 vv123.78' � V d S89'44'18"W 423.96 o U, o � 99 v O 7- 48.00' F S 09'44'10' W 4420.31' 18 .a 17 _ 16T 20 CITY OF MERIDIAN ANNEXATION EXHIBIT W A I Ig11y :)Urvcy11ly1 111. 315 East Danskfn Drive, Boise, ID 83716 208.794.6622 Tele. P.N. 2436 EXHIBIT A land surveying, 11c 315 F. Pdmklri Pilm Kof5c, IP 83716 208-794,66221'ele. REZONE CG TO CC ZONE FOR PROPOSED SWINDELL SUBDIVISION July 15, 2015 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. B.M., Ada County, Idaho, and being more particularly described as follows: Comincilcing at the Southeast comer of said Section 18, thence N 00°31'53" Ealong the East boundary of said Section 18 and the centerline of S. . Locust Grove Rd., for a distance of 370.58 feet to the REAL POINT OF BEGINNING9", thence N 89'28'20" W for a distance of 123.78 feet; thence N 42`'19'48" W for a distance of 166,47 feet; thence N 32'23'17" W for a distance of 9.92 feet; thence N 88'49'29" 1, for a distance of 242.52 feet to a point on the centerline of S. Locust Grove Road; thence S 00'31'53" W along said centerline for a distance of 137.57 feet to the REAL POINT OF BEGINNING; containing 0.57 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. Pt - q A Swindell Subdivision RZ- 15-00 1; AZ 15-010 P.N. 2436 EXHIBIT A MEMO Womm- lan4 surveying, 11c 315 E, Pqmkm Drive, Brise, IP 83716 20S,794,6622 Tele. REZONE CG TO CC ZONE #2 FOR PROPOSED SWINDELL SUBDIVISION July 15, 2015 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.1 E., B.M., Ada Comity, Idaho, and being more particularly described as follows: Con-miencing at the Southeast corner of said Section 18, thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S. Locust Grove Rd., for a distance of 997.01 feet to the REAL POINT OF BEGINNING; thence S 89037'27" W for a distance of 411.18 feet; thence S 89'43'12" W For a distance of 870.99 feet; thence N 00'27'30" E for a distance of 181.13 feet to the centerline of Interstate 84; thence S 89'34'11 " F along said centerline for a distance of 1282.26 feet to a point oil the centerline of S. Locust Grove Road; thence S 00'31'53" W along said centerline for a distance of 164.55 feet to the REAL POINT OF BEGINNING; containing 5.09 acres of land, more or less. Prepared by: Todd R. Waite P,L.S. R Swindell Subdivision RZ- 15-00 1; A7- 15-010 EXHIBIT A Swindell Subdivision RZ-15-001; AZ 15-010 S89'34'11"E le 17 w 0 1282.26' 3 n r IN TER S T ATE 8 4 IN REZONE CG TO CC ZONE C) 5.09 ACRES o rn S89'43'12"W 870.99' S89'37'27"W 411.18' REAL POINT m OF BEGINNING #2 R ?` UNPLATTEO z fMSfilC Gt? ZOME JV 0 ri a N32'23'17"W N88'49'29"E REZONE J L 9.92' ti242.52 CG TO CC A SOO'31'53"W 2y 0.57 AC. �— 7 � 9' REAL POINT OF BEGINNING N89'28'20'W � a 123.78' w � z O a s4.ar — p 1 " = 200' 10 N 10). f a c � Et J 48.00' 5 89'M'18' W 420.31'19 IB 17 4 L OVERLAND ROL �wATE T3+•p.' land surveying, IIC CITY OF MERIDIAN ZONING EXHIBIT R. 315 E. Panskin Drive, Bolse, IP 83716 REZONE FROM CG TO ZONE CC 208.794.6622 Tele, PROPOSED SWINDELL SUBDIVISION Swindell Subdivision RZ-15-001; AZ 15-010 Exhibit B CITY OF MERIDIAN 1tl� �T FINDINGS OF FACT, CONCLUSIONS OF LAW .L AND DECISION &ORDER --� awl In the Matter of the Request for Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District; Rezone of 0.57 of an Acre and 5.09 Acres of Land from the C -G to the C -C Zoning District; and Preliminary Plat Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20,03 Acres of Land for Swindell Subdivision, by Volante Investments, LLLP. Case No(s), RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 For the City Council Hearing Date of: April 5, 2016 (Findings on April 10, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps, 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11 -SA. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction, 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed, 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that; 1. The applicant's request for Rezone, Annexation and Zoning, and Preliminary Plat is hereby approved with the requirement of a Development Agreement per the conditions of approval in the Staff Report for the hearing date of April 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 .2- 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -3- By action of the City Council at its regular meeting held on the day of D , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED I -e3 COUNCIL VICE PRESIDENT JOE BORTON VOTED '� 2S COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED' --ACS COUNCIL MEMBER TY PALMER VOTED -� eS COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS M1LAM VOTED eS MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de e r( l__ 'q3o49tannuC&' J Attest: City of EIDIAN iDAHo J o�c� �n� n�mr� SEAL, City Clerk �017AEAs���V Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By;WNLX Dated: ` ' �a City Clerk's 6ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-15-011; AZ -15-010; PP -15-013; A-2016-0072 -4- STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT X Pj April 5, 2016 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 Swindell Subdivision — RZ-15-01 l; AZ -15-010; PP -15-013; A-2016-0072 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Volante Investments, LLLP, has applied for annexation and zoning (AZ) of 15.07 acres of land with a C -C zoning district; rezone (RZ) of 0.57 of an acre and 5.09 acres of land from the C -G to the C -C zoning district; and preliminary plat (PP) consisting of 7 building lots, I common lot and 1 other lot on 20.03 acres of land for Swindell Subdivision. See Section VIII, Analysis, for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and RZ with the requirement of a Development Agreement that includes the provisions in Exhibit B; and approval of the PP application in accord with the conditions of approval in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on March 3, 2016. At the public hearing, the Commission moved to recommend approval of the subiect RZ, AZ, and PP requests. a. Summary of Commission Public Hearing: I. In favor: Brad Miller, Applicant's Representative ii. In opposition: None W. Commenting: None iv. Written testimony: Brad Miller, Applicant's Representative L. Staff presenting application: Sonya Watters A. 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: L. Modification to condition #2.1.1 in regard to installation of a water main (see Exhibit ii. Modification to condition #1.1.1a to not require a residential component of the development. e. Outstanding Issue(s) for City Council: I. None Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 1 EXHIBIT X nj : .. ....1..1.1.: � � �.� '.� .•, �� luu 1 ►_ 1 ' _ .1 11 1 1 I K41 iT I' 1_ :11 11 ► J 111 1 1: I i 1• . 1 1 1 1 I 1 III-•.� 1 1 1/.11 WA 11.1 1 : rilml W1.1 1' 1. 1 1' 11 •1 L• _11. 1 a1 1' 1111.1 1' 1s1 1111 1' 11 11 111 1 11141tn III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-15- 011; AZ -15-010; PP -15-013 as presented in the staff report for the hearing date of April 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-15-011; AZ -15-010; 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 RZ-15-011; AZ -15-010; PP -15-013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the northwest corner of S. Locust Grove Road and E. Overland Road, in the SE //a of Section 18, Township 3 North, Range 1 East. B. Applicant: Volante Investments, LLLP 3084 E. Lanark Street Meridian, ID 83642 C. Owners: Ronald W. Van Auker/Volante Investments, LLLP 3084 E. Lanark Street Meridian, ID 83642 Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 2 EXffiBIT� f3 Northwest Pipeline Corporation P.O. Box 58900 Salt Lake City, UT 84158-0900 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning, rezone, and preliminary plat which require a public hearing before the Planning & Zoning Commission and City Council, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 15, and 29, 2016 (Commission); March 14 and 28, 2016 (City Council) C. Radius notices mailed to properties within 300 feet on: February 5, 2016 (Commission); March 10, 2016 City Council) D. Applicant posted notice on site by: February 16, 2016 (Commission); March 18, 2016 (City Council VI. LAND USE A. Existing Land Use(s) & Zoning: The Northwest Pipeline facility exists on the northeast portion of the property included in the plat at 1301 S. Locust Grove Road, zoned C -G; and an existing home and outbuildings exist on the remaining portion of the site, zoned RUT in Ada County with a sliver at the north boundary of the site zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Interstate 84, zoned C -G and RUT in Ada County South: Maverik convenience store/fuel facility and vacant/undeveloped land, zoned C -C; and E. Overland Road and single-family residences across Overland, zoned R-4 East: S. Locust Grove Road and vacant/undeveloped industrial and commercial land, zoned I -L and C -G West: Church, zoned L -O; vacant/undeveloped land, zoned C -G; a daycare facility, zoned C -G; and an ACHD retention pond, zoned RUT in Ada County C. History of Previous Actions: The property owned by Northwest Pipeline at the northeast corner of the plat area was annexed into the City in 2006 (Ordinance #06-1239). A strip of land along the north boundary was also previously annexed with a C -G zoning district; however, the ordinance information is shown as "pending" in the City's mapping data therefore staff is unaware of the history on this portion. An application for annexation and zoning (AZ -08-015), rezone (RZ-08-009), preliminary plat (PP -08-012) and alternative compliance (ALT -08-027) was approved in 2009 for Fignut subdivision; however, the development agreement was never executed and the property was not annexed and the approvals have expired. Swindell Subdivision RZ-15-011; AZ-15-OLO; PP -15-013 PAGE 3 EXHIBIT X D. Utilities: Location of sewer: Sanitary sewer mains intended to provide service to the subject site currently exist directly to the west of the subject site, as well as along the south side in E. Overland Road. Location of water: Water mains intended to provide service to the subject site currently exists to the east and south in S. Locust Grove Road and E. Overland Road respectively. Issues or concerns: Applicant shall be required to install a sanitary sewer and water mains through the development to provide service to each lot. E. Physical Features: 1, Canals/Ditches Irrigation: The Ninemile Creek runs along the west boundary of this site and has been piped on this property; the applicant states the piping took place several years ago. 2. Hazards: Staff is unaware of any hazards that may exist on this site. 3. Flood Plain: A portion of this property lies within the Meridian Floodplain Overlay District, VII. COMPREHENSIVE PLAN ANALYSIS This site is designated Mixed Use — Community (MU -C) on the Comprehensive Plan Future Land Use Map (FLUM). The purpose of this designation is to allocated areas where community -serving uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. Goods and services in these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to (up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are encouraged. Developments are encouraged to be designed according to the conceptual MU -C plan depicted in Figure 3-3 in the Comprehensive Plan (pg. 27). The following items should be considered when reviewing development application in MU -C designated areas: ➢ Development should comply with the general guidelines for development in all Mixed Use areas (see pages 22-24 in the Comprehensive Plan); ➢ All developments should have a mix of at least 3 land use types; ➢ Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; ➢ Non-residential buildings should be proportional to and blend in with adjacent residential buildings; ➢ Vertically integrated structures are encouraged; ➢ Unless a structure contains a mix of both residential and office, or residential and commercial land uses, maximum building size should be limited to a 30,000 square foot building footprint. For community grocery stores, the maximum building size should be limited to a 60,000 square foot building footprint. For the development of public school sites, the maximum building size does not apply; ➢ Supportive and proportional public and/or quasi -public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count toward this requirement; Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 4 EXHIBIT ➢ Where the development proposes public and quasi -public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint. Sample uses appropriate in MU -C designated areas would include: All MU -N categories and community -serving uses such as a grocer, clothing stores, garden centers, hardware stores, restaurants, banks, drive-thru facilities, auto service station, and retail shops. The applicant intends to develop the property as a community business development with 7 new building lots; however, a conceptual site plan was not submitted with the application. Without a concept plan, the City has no assurance of how the property will ultimately develop. Therefore, to ensure the site develops in accord with the MU -C designation as outlined above, staff recommends a conceptual site plan is submitted to the City and approved by Council prior to any development occurring on the site in the future. Staff has reviewed the subject application and offers the analysis and recommendations contained herein for the Commission and Council's consideration (Staff analysis in italics): "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. "Provide housing options close to employment and shopping centers." (3.07.02D) A minimum of 20% of this property should develop with residential uses at a density between 6-15 units/acre to provide housing options for nearby employment and shopping areas. "Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.)." (3.05.02A) A 50 foot wide landscape buffer is depicted along the north boundary of the site adjacent to Interstate 84 and street buffer landscaping is proposed along public streets adjacent to this site and within the development which should be compatible with surrounding uses. A 6 -foot tall vinyl fence already exists around the Northwest Pipeline property. "Plan for and encourage services like health are, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings." (2.0 1.01 C) Community serving uses such as those listed or similar uses should develop on this site within walking distance of residences to the south. "Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas." (3.06.02B) The proposed community commercial development is located adjacent to two arterial streets (Overland and Locust Grove Roads) and residential neighborhoods to the south. The proposed development should provide community serving uses to these residents and passersby. "Require all new and reconstructed parking lots to provide landscaping in internal islands and along streets." (2.01.04B) Landscaping is required to be provided within planter islands in parking areas on this site as required by UDC 11 -3B -8C and within street buffers as required by UDC 11 -3B -7C as proposed. Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 5 EXHIBIT X � "Require appropriate landscape and street buffers along transportation corridors (setback, vegetation, low walls, berms, etc.)." (3.06.02F) The applicant is responsible for installing a 25 foot landscape buffer along S. Locust Grove and E. Overland Roads; a 50 foot landscape buffer adjacent o 1-84; and a 10 foot landscape buffer adjacent to the proposed local streets (E. Bird Dog Drive and S. Fignut Way) within the development. "Restrict curb cuts and access points on collectors and arterial streets." (3.06.02D) The preliminary plat depicts one existing access (Bird Dog) via Locust Grove and one proposed access (Fignut) via Overland., both arterial streets. No other curb cuts or accesses are proposed. "Plan for a variety of commercial and retail opportunities within the Impact Area." (Chapter VII, Goal 1, Objective B) The MU -C designation and proposed C -C zone should provide for the development of a variety of commercial and retail opportunities within this area of the City which will contribute to existing church, daycare, office and convenience store/fuel facility uses. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zoning District: The put -pose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. The C -C district allows a larger scale and broader mix of retail, office, and service uses (than C- N) with access to arterials or residential collectors. The C -G district allows the largest scale and broadest mix of retail, office, service and light industrial uses in close proximity and/or access to interstate or arterial intersections. B. Allowed Uses: UDC Table 11-213-2 lists the permitted, accessory, and conditional uses in the C- C and C -G zoning districts. The applicant does not have a specific use identified for the proposed C -C zoned lots; the C -G zoned lot is already built out as the Northwest Pipeline facility. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC 11-2B-3 for the C -C and C -G zoning districts as applicable. D. Landscaping: Landscaping is required to be provided with development in accord with the dimensional standards listed in UDC Table 11-2B-3 and the standards listed in UDC 11-313. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. ANNEXATION & ZONING (AZ) AND REZONE (RZ): The applicant requests approval to annex & zone 15.07 acres of land with a C -C zoning district; and rezone of 0.57 of an acre and 5.09 acres of land from the C -G to the C -C zoning district. The C -C zoning district proposed with the annexation and zoning & rezone is consistent with the FLUM designation of MU -C for this property. The applicant has not submitted a conceptual development plan showing how the site is intended Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 6 EXHIBIT to develop. The proposed C -C zoning allows for a wide variety of uses. Without a concept plan or details on how the site will develop in the future, staff is not comfortable recommending approval of the annexation and zoning request without some assurance the site will develop in accord with the MU -C designation. Therefore, as a provision of annexation and rezone, staff recommends a development agreement is required as allowed by Idaho Code section 67-6511A that contains the provisions listed in Exhibit B. The legal descriptions submitted with the application for the annexation & zoning and rezone, included in Exhibit C, shows the boundaries of the property proposed to be rezoned. The property is contiguous to land that has been annexed into the City, or is already in the City, and is within the Area of City Impact boundary. 2. PRELIMINARY PLAT (PP): The applicant submitted 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. Note: A property boundary adjustment (Record of Survey #8418), which shifted the southern boundary of the Northwest Pipeline property, was recorded in 2008 and was not approved by the City and therefore not recognized as a "legal" boundary adjustment. Therefore, Staff requested this property be included as a lot in the proposed subdivision in order to make it a "legal " property eligible for future permits. The applicant requests to be allowed up to 2 building permits throughout the platting process prior to the final plat being recorded if needed. Because there are at least 2 original parcels of record on this site, staff is amenable to this request. Prior to submittal of a Yd building permit, the property should be subdivided. Staff has become aware that a cell tower may be constructed on this site in the future. Because annexation into the City is requested, Staff recommends a cell tower is not allowed on this site unless it is approved by the City. Full array towers are prohibited; slimline or stealth towers may be principally permitted if they comply with the associated standards, otherwise condition use approval is required (see UDC 11-4-3-43 for more information). Existing Structures: There is an existing home and accessory structures on the portion of this site that is currently in the County that are proposed to be removed; these structures are required to be removed prior to City Engineer signature on the final plat or issuance of the first building permit, whichever occurs first. The Northwest Pipeline facility exists on the C -G zoned portion of the site on Lot 5, Block Iat the northeast corner of the property; these structures are proposed to remain. All existing structures proposed to remain should comply with the setback requirements of the C -G zoning district listed in UDC Table 11-213-3. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-213-3 for the C -C and C -G zoning districts. All of the lots comply with the minimum standards. Future construction of buildings on this site should comply with the setback and dimensional standards for the C -C and C -G districts as applicable. There are no setback requirements in the C -C or C -G districts; however, there is a street buffer requirement of 25 -feet along Locust Grove and Overland which essentially serves as a building setback. Because additional right-of-way (ROW) was dedicated for the widening of Locust Grove and the construction of the overpass, the existing structure on proposed Lot 5, Block 1 nearest Locust Grove Road is now located within 10 feet of the property line and encroaches within the required street buffer area. For this reason, it is considered non -conforming. Further, because Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 7 i there is a significant slope in this area, staff is not recommending a street buffer is required along Locust Grove between I-84 and E. Bird Dog Lane; therefore, the structure is not required to be removed. An ACHD ROW and slope easement also exists in that area as depicted on the landscape plan. Access: There is an existing private street access (E. Bird Dog Ln.) and a shared right-in/right-out driveway access within a cross -access easement (Inst. #105004260) with the Maverik property via S. Locust Grove Road; and a new access 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. Local street access is not available to this property. Therefore, the proposed accesses comply with the standards listed in UDC 11-3A-3 for access to public streets. To provide connectivity between the Maverik parcel (#51118449650) and Lot 4, Block 2, staff recommends a cross -access easement is provided via a note on the recorded plat or a separate recorded easement. Stub Streets: There are no existing stub streets to this property and none are proposed to adjacent properties with this development. A 54 -foot wide access easement to the property to the west (Lot 2, Block 1, Pack It Up Subdivision) is depicted at the intersection of Bird Dog and Fignut; this access should assist in reducing access points on Overland Road, Traffic Impact Study (TIS): A TIS was not required by ACHD for this development. Landscaping: Street buffers are required per UDC Table 11-2B-3 as follows: a 50 -foot wide buffer is required along Interstate 84; a 25 -foot wide street buffer is required along S. Locust Grove and E. Overland Roads, both arterial streets; and a 10 -foot wide buffer is required along E. Bird Dog Drive and S. Fignut Way, both local streets. Landscaping is required in accord with the standards listed in UDC 11 -3B -7C. The UDC (11 -6C -3H) does not require street buffers on local streets (i.e. E. Bird Dog Drive and S. Fignut Way) to be installed until the time of lot development; improvements aren't required to be installed at the time of plat approval — buffers along all other streets (i.e. S. Locust Grove, E. Overland, and I-84) are required to be installed at the time of plat approval. The applicant has requested Council approval to defer installation of the buffer along I-84 until the time of lot development to prevent landscaping from being damaged during construction; there is not a provision in the UDC that allows deferral of this requirement. The applicant has submitted a request for Alternative Compliance to the standards listed in UDC 11 -3B -7C.3 that require trees to be planted within the street buffer along the west side of the property adjacent to S. Fignut Way; an irrigation and drainage easement exists in this location that does not allow trees to be planted within the easement. A total of 27 trees are required within a 10 -foot wide street buffer along Fignut and a 5 -foot wide buffer along the south side of Lot 2, Block 1, with vegetative groundcover (native grass & shrubs). As an alternative, the applicant proposes to landscape all of Lot 1, Block 1, which is a 35 -foot wide common lot along the west side of Fignut; and install a 25 -foot wide buffer along the southern boundary of Lot 2, Block 1. Staff is amenable to the applicant's request and proposed alternative compliance and Director approval is granted. Existing Trees: There are several existing trees depicted on the landscape plan. Mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement in addition to required trees. The Applicant should contact Elroy Huff, City Arborist (371-1755) at the Meridian: Parks Department, for any trees that will be removed. Pathway: A pathway is not designated on the Pathways Master Plan for this site. Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 8 EXHIBIT X Waterways: The Ninemile Creek exists on this site along the west boundary and was previously piped. Because this site is located in the County, City approval was not needed to pipe the creek. The UDC (11-3A-6) requires creeks to remain open as a natural amenity and not be piped or otherwise covered. Fencing: An existing 6 -foot tall vinyl fence is depicted on the landscape plan along the boundaries of the Northwest Pipeline site; there is also an existing fence along the north and northwest boundaries of the plat. All fencing should comply with the standards listed in UDC 11- 3A-7. Sidewalks: Sidewalks are required to be provided with development in accord with the standards listed in UDC 11-3A-17. An attached sidewalk already exists along the frontage of the site on E. Overland Road and S. Locust Grove Road; the UDC requires detached sidewalks along arterial streets. However, because the sidewalk was recently constructed and in good condition, staff is not recommending it be reconstructed. A minimum 5 -foot wide attached sidewalk is required internally along both sides of E. Bird Dog Drive and S. Fignut Way as proposed. Utilities: Street lights are required to be installed along public streets adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Pressurized Irrigation: An underground pressurized irrigation system is required to be provided for the development in accord with UDC 11-3A-15 as proposed and will be served by the Nampa & Meridian Irrigation district. Storm Drainage: An adequate storm drainage system is required in all developments in accord with the City's adopted standards, specifications, and ordinances, per UDC 11-3A-18. Building Elevations: Five conceptual building elevations were submitted for this development, included in Exhibit A.4. Construction materials depicted for the structures consist of E.F.I.S and stucco with stone veneer accents. Flat roofs are proposed, some with varying parapet heights and cornices; others have no variations in profile. Some have modulation in the fagade, others are lacking. Overhead doors are also proposed on a couple of the rear elevations. Detailed review of structures proposed to be constructed on this site will take place with submittal of an Administrative Design Review application concurrent with the Certificate of Zoning Compliance application. The elevations submitted with this application are not approved. Future structures proposed in this development should be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Conceptual building elevations should be submitted with the concept plan when the development agreement is modified prior to development that incorporates these items and that are generally consistent with current design standards. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). Staff recommends approval of the proposed RZ and AZ applications with the requirement of a development agreement; and the PP application with the conditions included in Exhibit B. IX. EXHIBITS A. Drawings/Other 1. Vicinity/Zoning Map Swindell Subdivision RZ-15-01 l; A7,-15-010; PP -15-013 PAGE 9 EXHIBIT 2. Proposed Preliminary Plat (dated: 1/13/16) 3. Proposed Landscape Plan (dated: 9/29/15) 4. Proposed Building Elevations B, Agency & Department Comments/Conditions C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 10 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map R] fn I -L Iasi fen IWS", 1915 , 11m VIM 1133 / 19] ,t9U _ nes 1]L E Puffin St Ira uto Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 11 EXHIBIT Exhibit A.2: Proposed Preliminary Plat (dated: 1/13/16) d Ij l d� i f- 6} � �I WHPdc—i c �>na, �+rr.rr. rr •� s"+'n !um�r T49LLL 61Y¢C, YY—^nW n- NO7[4 Y}E ww wra ox±.x v xr rxa =.aw.� mra=. part ro Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 12 EXHIBIT � � Exhibit A,3: Proposed Landscape Plan (dated: 9/29/15) IMATO�ilE BFiEET L 1 MATOHLlE SHEET L 2 \ i r f i1 I E.EFDDOG DFIVE E U f Q r _ ___ — r Y, 'l, �>� iM I�L� PLAN SUBMITTAL REQUIREMENTS, I 1 v— t i I A 1 i a w 0 , r' U 6 OVERLAND '.tea Ai I LANDSCAPE PLAN PM%*MY PLAT W MRTAL I`• '-e^ SITE STATISTICS,,;,.rM�",.,, OWNER/APPLICANT E OI EER i 'mY tg"'O n vwme,.vansas.ur. nwes><r. wn a m- ..mow -r rx Axa DE017pUS TFEE PLANTM MAL r.� 12 Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 13 l I VATb{►E 6fE'f L -T I�_ - •- - MATGH.M 8HWr L -t r - - - - ' •- - - _r I SUBMITTAL REQUiiEMENTS 1 i EOVEIILAN4 r _ p LANDSCAPE PLAN "TT w ,t✓aamW, K.. N�,T M<.1 �1 SITE STATISTICS OWNMieA LICANT )s.NaR�EE9 (D oErnluLans FLAlnmoctu. I N T E N S T A T E b 4 i-:' —� -- I LANDSCAPE PLAN PLANT SCIIEOULr Rte`¢ - LANDSCAPE NOTES SITE PLAN L•1 s E� L•2 Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 14 EXHIBIT X Qj Exhibit A.4: Proposed Building Elevations (NOT APPROVED) NORTH ELEVATION re.r-a SOUTH ELEVATION ----------------------------------------- %rr:.4 ------------------------- - ------------------- X11= :ill :III IF II - EAST ELEVATION IW -[*O' WEST ELEVATION ra.,ro. Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 15 I—ANT--7--�--j am -Aim arur ae me" EXHIBIT X fj wxs 1 $T M"AMN Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 16 9 Q V 5X m O �a a yq<a e WGpfCG �WQ 16ICH . L 11 to_ -1- ?9 I A-3 I EXHIBIT X I,� !RUTH ELEVATION NRATH ELEVATION Vb'.1y6• e rrcv6 �• •_vrinvw EAST ELEVATION Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 1696 M &WO 1O 4696 R A2 B PAGE 17 Twwu 6NGNla ALLRf4lM 6TGAaFNdIT "wm wMAaP YPIATID CRp�iE xirr®eLa ttraGA1 "Ald57D Af cen MA—L 4a14N t0 ba CdeYVIT a aea NAl�Y T}i!T 26 CAM WAL OAP PLAM116 bTOR� yVF�I �bTALL PCN MNLMAGTu1C6 6PCd1 ... GttioN To ba Nowa wvw P.=M W LCTOSB( EXHIBIT X g .AOC WAL GNP FLASK" Ad NORTH ELEVATION VP'.P-O• A SOUTH ELEVATION u OAM WA1 GAP FLAMM alyyaOaOxin AlLf9N.Fi 6TOKEPgdtt Ta7WTCDTRd� 1' F�YL�tA�T� aROl17b EAST ELEVATION W -P- • Cb OAOO lWAL GAP PLAMM ' ® . ,�..�..a.:�. ya t'Up-l4it,GeLOtt HAWK MTV a�aSrr-m• --1 aTaavaanAiaTALLta .J Kii psP; NAtLPJIGnkaa 4FaGJ PAnn TO FNTG! rAINt O �cH10R6 Get.eN YO Fa No We NMx M�ArwN ware m. NWPOR WiTa O6kSQ N?6RTAa1 LEQOOsTOQ£ PAW—0 TYP4AL WEST ELEVATION Un'.I�n• mre�rotw wa a�c�++aace+ra ieo awa rYFUAL al'�IWY�INAiN.LID THdt A7�ll STOh9 PNm9 Rp(OAI. u";, "A ram MOM VV49 N NatA"w F0t►UFJAW oft" GOViN TO bC Ptk'.ti6IPA�DNdTNCOlR E PAN" tYFKA6 melm. Na„ftALA Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 18 T T -- r i fTl=0 � sta'G.9"tl an.14" OWE co@mce,CMO x KwrAa.ry "A,V= A 1 l MI M KY N • Re' -a' r dao KK an4C4 "Am * 4 r 'sfcrmc. c.An NORTH ELEVATION EXHIBIT (3 N L0.TT. a SOUTH ELEVATION f-w �.�aaco ceArw, �N STC+ /�CrAI. LXI: ti{pt Yi Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 19 EXHIBITtA'13 B. Agency & Department Comments/Conditions 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation and rezone of this property. Prior to the annexation and rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation/rezone ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Prior to any development occurring on the site (including issuance of building permits), the development agreement shall be modified to include a conceptual development plan and building elevations for the overall development. The conceptual plan shall demonstrate consistency with the Mixed Use — Community designation per the Comprehensive Plan and shall include at least 3 land use types. 0 ,16 of the development area at a density Conceptual building elevations for future structures within this development shall be generally consistent in design and incorporate some of the same design elements and construction materials to unify the development. Elevations should reflect design elements suited for commercial developments rather than industrial developments (i.e. incorporate modulation, fenestration, variations in profile, mix of materials, etc.). b. The subject property is allowed two (2) building permits prior to subdivision of the property. Prior to submittal of the third building permit, the subject property shall be subdivided. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on the final plat or issuance of the first building permit, whichever occurs first. d. Future development of this site shall substantially comply with the preliminary plat and site/landscape plan included in Exhibit A and the conditions contained herein. e. Future development shall comply with the design standards listed in UDC 11-3A-19 and the City of Meridian Architectural Design Manual. fl. A er-ass aecess/ingr-ess egress easement shall be provided bety�,een the Maver-ik Pa (#S1118449650) and Let 4, Bleek 2 via a note on the final plat or- a separate r-eeer-ded easementin aeeefd with UDG 11 3A fir. g. The developer shall provide a 35 -foot wide buffer along the west boundary of the site adjacent to S. Fignut Way; and a 25 -foot wide buffer along the southern boundary of Lot 2, Block 1 landscaped with native grasses and bushes as alternative compliance (A-2016-0072) to UDC 11 -3B -7C.3. Because of the irrigation and drainage easement that exists along the west boundary of the site, trees are prohibited within the easement. All buffers may, be constructed at the time of lot development. h. A cell tower shall not be constructed on this site unless specifically approved by the City. 1.1 Site Specific Conditions of Approval (Preliminary Plat) Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 20 EXHIBITS (j 1.2.1 The preliminary plat prepared by Munger Engineering, dated 1/13/2016, attached in Exhibit A, is approved with the following modifications: a. Depict and label the 100 -foot wide NMID easement along the west boundary of the site for the Ninemile Creek. b. Depict and label the 20 -foot wide ACHD drainage easement that parallels the irrigation easement along the west boundary of the site and connects to the ACHD detention pond located west of Lot 2, Block 1. 1.1.2 The landscape plan prepared by South Landscape Architecture, dated 9/29/2015, attached in Exhibit A, is approved with following modifications: a. Depict the location of the NMID 100 -foot wide easement and ACRD 20 -foot wide easement along the west boundary of the site. 1.1.3 A portion of the Development lies within the Meridian Floodplain Overlay District. Development shall comply with the provisions for Flood Damage Prevention contained in Meridian City Code Title 10 Chapter 6. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.3 Install lighting consistent with the provisions as set forth in UDC 11-3A-11. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-51 1.2.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3B -5I, 11-313-8C, and Chapter 3 Article C. 1.2.8 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C (streets). 1.2.9 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11 C. 1.2.10 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.11 Bicycle parking spaces shall be consistent with the design standards set forth in UDC 11 -3C -5C. 1.2.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.13 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11 -3B -11C. 1.2.14 Comply with the structure and site design standards set forth in UDC 11-3A-19 and the City of Meridian Architectural Standards Manual. 1.2.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 21 EXHIBIT 13 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Administrative Design Review from the Planning Division, prior to submittal of building permit application(s). 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to install an 8 -inch diameter water main to the west boundary line of the development in feral alignment with the "'-14D gfavel aeoess read to the drainageretention basin off the '` W eemer 54 -foot access easement for Lot 2, Block 1 of Pack It Up Subdivision. 2.1.2 A street light plan will need to be included in the civil construction plans. The plan will need to include the installation of Type I lighting along Records Road. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at htt ://www.meridiancitor /public works.aspx?id=272. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall be dedicated using the City of Meridian's standard forms. Applicant shall submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant shall be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 22 the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.6 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.7 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.8 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.9 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.10 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.14 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.15 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.16 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.17 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Swindell Subdivision RZ-15-011; A7--15-010; PP -15-013 PAGE 23 EXHIBIT fi 0 Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The proposed project has no Fire Department concerns. 5. REPUBLIC SERVICES 5.1 Republic Services has no comment at this time on this development. 6. PARKS DEPARTMENT 6.1 The applicant is required to comply with the mitigation standards listed in UDC 11 -3B -10C.5 for any existing trees 4 -inch caliper or greater that are removed from the site. Contact Elroy Huff, City Arborist (208-371-1755), prior to removal of any existing trees from the site. 7. ADA COUNTY HIGHWAY DISTRICT On February 23, 2009 the Ada County Highway District reviewed and approved this site as Fignut Subdivision (MAZ-08-015/MAZ-08-009/MPP-08-012). The District had site specific requirements related to that application which also apply to the current application (see below). The applicant will be required to pay all applicable platting and review fees prior to final approval. 7.1 Site Specific Conditions of Approval 7.1.1 Close the existing curb cut on Locust Grove Road and replace it with curb, gutter, and sidewalk to match existing improvements on either side. 7.1.2 Either dedicate 60 -feet of right-of-way from the centerline of Overland Road, OR dedicate 50 - feet of right-of-way from the centerline of Overland Road and provide a 10 -foot wide sidewalk easement abutting the parcel. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 7.1.3 Close the existing curb cuts onto Overland Road and replace them with curb, gutter, and sidewalk to match existing improvements on either side. 7.1.4 Construct the Bird Dog Drive to intersect Locust Grove Road located approximately 500 -feet north of Overland Road (measured centerline to centerline). 7.1.5 Construct the Fignut Way to intersect Overland Road located approximately 600 -feet west of Locust Grove Road (measured centerline to centerline). 7.1.6 Construct Bird Dog Drive and Fignut Way as 40 -foot commercial/industrial street sections with vertical curb, gutter, and 5 -foot wide attached concrete sidewalk on both sides. Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 24 EXHIBIT A fj 7.1.7 Other than access specifically approved with this application, direct lot access to Locust Grove Road and Overland Road is prohibited, and shall be noted on the final plat. 7.1.8 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACED roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 Comply with the District's Tree Planter Policy, 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 The applicant shall submit revised plans for staff approval, prior to issuance of building permit (or other required permits), which incorporates any required design changes. 7.2.9. Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 Payment of applicable road impact fees is required prior to building construction. The assessed impact fee will be based on the impact fee ordinance that is in effect at that time. 7.2.11 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 5.2.12 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 5.1.13 Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with all rules, regulations, ordinances, plans, or other regulatory and legal restrictions in force at the time the applicant or its successors in interest advises the Highway District of its intent to change the planned use of the subject property unless a waiver/variance of said requirements or other legal relief is granted pursuant to the law in effect at the time the change in use is sought. Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 25 EXHIBIT D C. Rezone & Annexation and Zoning Legal Descriptions and Exhibit Maps P.N. 2436 la hd 5meying, hg, 11c 315 E. Pao5kin Ptive Boise, IP 83716 208.794.6622 Tele, ANNEXATION DESCRIPTION July, 6, 2015 A parcel of land located in the Southeast 1/4 of Section 18, UN., R. i E., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, from which the South 1/4 corner of said Section bears S 89044'18" W, 2649.09 feet, thence S 99'44'18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 420.31 feet, to the REAL POINT OF BEGINNING; thence continuing S 89'44'18" W along the South boundary of said Section 18 and the centerline of E. Overland Rd., for a distance of 201.62 feet; thence leaving said boundary and centerline N 2902'44" W for a distance of 639.50 feet to the Northeast corner of Pack It Up Subdivision as filed in Book 84 at Page 9360, Ada County Records; thence N 68'22'27" W along the Northerly boundary of said subdivision for a distance of 368.85 feet; thence leaving said Northerly boundary N 00°27'30" E for a distance of 297.86 feet to the South boundary of the N 1/2 of the N 1/2 of die SEIA of the SE 1/4 of said Section 18; thence N 89043'12" E along said South boundary for a distance of 870.99 feet; thence S 00°43'42" E for a distance of 237.09 feet; thence S 32'23'17" E for a distance of 310.78 feet; thence S 42'19'48" E for a distance of 166.47 feel; thence S 89°28'20" E for a distance of 123.78 feet to a point on East boundary line of said Section 18; thence S 00°31'53" W along said East boundary line for a distance of 106.55 feet; Z:1PrcjjectslFignut (xxxx)1Documen(s\Switide] l-AnnexDese.doc-1 Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 26 EXHIBIT thence leaving said boundary line S 89'44'18" W for a distance of 423.96 feet; thence S 00°15'42" E for a distance of 264.00 feet to the ILEAL POINT OF BEGINNING; containing 15.07 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. Z:\l'rojects\Fignut (xxxx)Wocunnonls\Switide] l-Annexl)osc.doc-2 Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 27 ADACOUNTY S TORAl WA TER POND S1TE cos m nas TOIOW SUDOLNSM EXHIBIT X 13 INTERSTATE 84 N89'43'12"E 870.99' Ar O tJ O GV1 L4 O P JL to UNPL A TTEO r?�22Nw 15.07 ACRES -o KO. R001`31G, kw.. 1100 OY£RLAW w> LEARNING OAI7L'tT! CHl1D CARE CE7LiFR x OD6�'j" w 18 s 89.44.16' w _ s1ssY _ _ _ S89-44' I9 1312.8 B9'44'I6r E 2649.08 C11 E OVERLAND RIX 201.1 25 100400 REAL POINT - OF BEGINNING D 50 200 500 SCALE: 1" = 200' THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE LAND SURVEYING, LLC. land surveying, lic 315 East PanskiI) Drive, Boise, ID 83716 208.794.6622 Tele, Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 28 589'44'18"W 423.96' o > 1n C , d7 N .7 - p 7R OF rDSS 69'4VIV w g 420.3t'to J u to 20 CITY OF MERIDIAN ANNEXATION EXHIBIT W A I land surveying, lic 315 East PanskiI) Drive, Boise, ID 83716 208.794.6622 Tele, Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 28 P.N. 2436 EXHIBITA� WAITE land 5u vveyi ng, 11c 315 E. P7 mkfh PHve, Mi5c, ED 83716 208.794.6622 Tele. REZONE CG TO CC ZONE FOR PROPOSED SWINDELL SUBDIVISION July 15, 2015 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R.IE., B.M., Ada County, Idaho, and being more particularly described as follows: Commencing at the Southeast corner of said Section 18, thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S. Locust drove Rd., for a distance of 370.58 feet to the REAL POINT OF BEGINNING; thence N 89°28'20" W for a distance of 123.78 feet; thence N 42° 19'48" W for a distance of 166.47 feet; thence N 32'23'17" W for a distance of 9,92 feet; thence N 88°49'29" E for a distance of 242.52 feet to a point on the centerline of S. Locust Grove Road; thence S 00°31'53" W along said centerline for a distance of 137.57 feet to the REAL POINT OF BEGINNING; containing 0.57 acres of land, more or less. Prepared by: Todd R. Waite P.L.S OF0 Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 29 EXHIBIT yi l? WAITE land %Weyinq,11C 315 E. Pgo5Cin Pilve, boiSc„ IP 83716 208.794.6622 Tele, P.N. 2436 July 15, 2015 REZONE CG TO CC ZONE #2 FOR PROPOSED SWINDELL SUBDIVISION A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. I E., B.M., Ada County, Idaho, and being more particularly described as follows: Conunencing at the Southeast corner of said Section 18, thence N 00°31'53" E along the East boundary of said Section 18 and the centerline of S. Locust Grove Rd., for a distance of 997.01 feet to the REAL POINT Or BEGINNING; thence S 89°37'27" W for a distance of 411.18 feet; thence S 89'43'12" W for a distance of 870.99 feet; thence N 00027'30" E for a distance of 18 1. 13 feet to the centerline of Interstate 84; thence S 89'34'11 " E along said centerline for a distance of 1282.26 feet to a point on the centerline of S. Locust drove Road; thence S 00°31'53" W along said centerline for a distance of 164.55 feet to the DEAL POINT OF BEGINNING; containing 5.09 acres of land, more or less. Prepared by: Todd R. Waite P.L.S. f U I, T) Swindell Subdivision RZ-15-011; A7--15-010; PP -15-013 PAGE 30 EXHIBIT X Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 31 S89`34'11"E 1282.26' 3 !N T E R S TA TE 84 N o REZONE CG TO CC ZONE 5.09 ACRES cn S89'43'12"W 870.99' S8937'27"W 411.18' REAL POINT m OF BEGINNING #2 � UNPLA ITED x Emma ca zw0 .Np U 's N32'23'17"W N88*49'29"E REZONE L 9.92'242 52 CG TO CC tiA SO0'31,53"w 2y 0.57 AC. �^ . REAL POINT OF BEGINNING N89'28'20"W 1K 123.78' 15' a Z> 0 e xav — � 200' io c � �d i7 o � 48.00' S es'M9E° W 420.31' 10 17 10 m 99 A'T WAIT C/L L OVERLAND RQ r3N•RIE (a n d 5 U rvey i n g, 1 1 c CITY OF MERIDIAN ZONING EXHIBIT 315 E. P�nskin Drive, Boise, IP 83716 REZONE FROM CG TO ZONE CC 208.794.6622 Tele. PROPOSED SWINDELL SUBDIVISION Swindell Subdivision RZ-15-01 l; AZ -15-010; PP -15-013 PAGE 31 EXHIBIT 6 D. Required Findings from Unified Development Code 1. ANNEXATION FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds that the proposed map amendment of 15.07 acres to the C -C zoning district is a compatible zoning district in MU -C designated areas per the Comprehensive Plan. Future development should be consistent with the Comprehensive Plan for the MU -C designation. See Section VII of the Staff Report for more information. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property should provide for the retail and service needs of the community in accord with the purpose statement of the commercial districts and the development regulations for the C -C district if the development agreement provisions are adhered to. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that a zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that a zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing sei vices to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds that all essential services are available or will be provided by the developer to the subject property and will not require unreasonable expenditure of public funds. In accordance with the findings listed above, the City Council finds the proposed annexation is in the best interest of the City if the Applicant enters into Development Agreement with the City as required. 2. REZONE FINDINGS Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the comprehensive plan; Swindell Subdivision RZ-15-011; AZ -15-010; PP -15-013 PAGE 32 EXHIBIT ¢i l3 The City Council finds that the proposed map amendment of 5.66 acres of land from the C -G to the C -C zoning district is a compatible zoning district in MU -C designated areas per the Comprehensive Plan. Future development should be consistent with the Comprehensive Plan for the MU -C designation. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that future development of this property should provide for the retail and service needs of the community in accord with the purpose statement of the commercial districts and the development regulations of the C -C district if the development agreement provisions are adhered to. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best interest of the City. The City Council finds that this finding is not applicable as the proposed application if for a rezone. 3. PRELIMINARY PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial conformance with the adopted Comprehensive Plan. The City Council supports the proposed plat layout as it complies with the provisions of the Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services can be made available to accommodate the proposed development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. Exhibit D - 1 - EXHIBIT A �j d. There is public financial capability of supporting services for the proposed development; Based on comments provided in this report, the City Council finds there is public financial capability of supporting services for the proposed development. See Exhibit B for more information. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. ACHD considers road safety issues in their analysis. f. The development preserves significant natural, scenic or historic features. The City Council is unaware of any historic features on this site; the Ninemile Creek which is considered a natural and scenic feature was previously piped along the west boundary of the site. Therefore, the City Council finds there are no significant existing features that should be preserved. Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: Acceptance Agreement Approval of Acceptance Agreement for Artist Tim Murphy to Exhibit 3D Works in Initial Point Gallery MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the ' day of May, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Tim Murphy, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has invited Artist to display his artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on July 29, 2016, at or at such time as is specified by the Arts & Culture Specialist. Artist shall be responsible for installing such artwork on July 29, 2016 at the direction of the Arts & Culture Specialist; shall allow the display of such work in Initial Point Gallery from July 29, 2016 to September 1, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on September 2, 2016, at such time and date as is specified by the Arts & Culture Specialist. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Arts & Culture Specialist, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Arts & Culture Specialist prior to such activity. III. TIME OF PERFORMANCE, Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement, IV. INSTALLATION. A. Coordination with City. Prior to the installation, removal, replacement, and/or substitution of the- display hedisplay in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Arts & Culture Specialist, B. Inspection of display. Prior to or after installation, the Arts & Culture Specialist and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Ails & Culture Specialist or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibit A or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery, Further, the Arts & Culture Specialist or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist, I B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for put -poses of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork, C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant, E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Arts & Culture Specialist the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion.. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Arts & Culture Specialist, VI. INDEMNIFICATION< WAIVEI2g AND INSURANCE. A. Indemnification. Artist 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 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 Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist 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 to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist, D. Non -waiver. 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, VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and 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 Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws, C. Non -Discrimination, In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and 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, E. Agreement governed by Idaho law, The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho, F. 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 ZD provided for herein or allowed by law shall not be to the exclusion of any other remedy, G. 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. H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. 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, I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Tim Murphy 10872 W. High Rock Boise ID 83709 Cil: Hillary Bodnar Arts & Culture Specialist 33 E. Broadway Ave. Meridian ID 83642 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided, J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced z:1 below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above, ARTIST: Tim Murphy CITY OF MERIDIAN: BY: 0 NIED AUG(/ Tammy de Mayor (11y or EkIDIAN4.— IDA140 Jacy Jones, City Cferk1-----A0,—, SEA L"--�) AI k� ' /,`e[|d|(%D \~o[UN8|sS|oD Coll for Artists: 2016 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC)seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2016 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery, }niUa Point Gallery is located on the third floor ofMeridian City Hatt (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours, /nido\ Point Gallery provides 120 feet of total watt space for hanging two- dimensional artwork, wo'dimensionaimrtYork, and four enclosed display cases for three-dimensional artwork, MAC requests that artists voluntarily donate to MAC 20%o/proceeds from sales ofart displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in |n|da( Pont Gallery must be comprised ofproh*ssionai-quaUty, ready`Ln'hang` original art; artwork on paper must be under glass or acrylic. 5e(ecteen must fit( all or half ofthe gallery. Three- dimensional works may be of any medium, hnye'd(mensionaivvorksmaybeofanymedium' but must fit within the four supplied display cases. Nuartwork wit[ be displayed which: cannot bmsafety hung ordisplayed using the gallery's equipment; requires unusual maintenance` handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece {obe displayed wit[ be evaluated for its compliance with these general requirements. SeiecteeswiK be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Seiectees and invitees may reappt, biennially and if selected again' 75%ofthe display mus{ be artwork that has not been previously displayed in Initial Point Gallery, Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work, PROPOSAL REQUIREMENTS: � Artists ororganizations wishing to display work in the 2016 |n|ba( Point Gallery Series must provide the following � materials and information to MAC in order to be considered for selection, ° Completed, signed Application EtAcknowledgements form; m Letter of intent, including biography of the artist(s) or informational statement regarding organization; w 250 -word informational paragraph about the artist o,organization (for use in gallery publicity (fueiected); m Five (5) digital images representational ofthe works proposed for display, on aCD (for organizations, each image must benfadifferent artist's wmrk); and 0 $35 gallery maintenance fee (nonrefundable). Details and forms are available atthe City's website, hL[p://v*vw.meddioncity.orgorupon request. Limited assistance producing digital images may bmavailable upon request, Materials submitted wit( not be returned, All proposals must be received by MAC by 5:00 p.m. on Friday, October 16, 2015 SELECTION PROCESS: The selection nfart for the 2016 Initial Point Gallery Series wilt be made bvMAC. MAC wilt nodfyxekectees by Letter sent U.S. Mail. |nevaluating eligible proposals, the following factors wilt beconsidered: ° Quality ofwork; m Appropriateness ofsubject and concept for afunctioning government workplace; » Consistency with City policy and community values; and * Contribution to aesthetic and cultural atmosphere ofMeridian City Hatt. RESOURCES PROVIDED UPON SELECTION: The City of Meridian MR provide selected artists/ organizations with the following resources: • Volunteers to assist artist /organization with installing and removing each piece of artwork; ° Track system for hanging 2Dart and four enclosed pedestals for ]D art; = Space for artist information and/or an information board; and * Publicity ofthe exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: Hillary Bodnar 33 East Avenue Meridian ID 83642 By e-mail: mac@mehdiundty.org Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: Interagency agreement Interagency agreement with ACHD for: Water and Sewer Construction at the Intersection of Ustick Road and Meridian Road, and Ustick Road between Linder and Locust Grove 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 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) PROJECT NO. A013(918) RAIL WITH TRAIL PATHWAY, MERIDIAN ADA COUNTY KEY NO. 13918 PARTIES THIS AGREEMENT is of TRANSPORhiTION BOARD, DEPARTMENT, hereafter MERIDIAN, acting by an called the Sponsor. PURPOSE made and entered into this �% �ay ann1e by and between the IDAHO by and through the IDAHO TRANSPORTATION called the State, and the CITY OF I through its Mayor and Council, hereafter The Sponsor has requested that the State include in its Idaho Transportation Investment Program Federal -Aid Project No. A013(918), described as Rail with Trail Pathway, Meridian. Project development is to be performed by Sponsor's staff/Consultant Engineers. The purpose of this Agreement is to set out the terms and conditions to accomplish the project development phase of this project. The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part 35 (title II). NOTE: Securing the services of a consultant for project development services must follow the process outlined in the Idaho Transportation Department Guidelines for Local Public Agency Projects. Since certain functions under this Agreement are to be performed by the State, requiring the expenditure of funds, and since the State can only pay for work associated with the State Highway System, the Sponsor is fully responsible for all costs incurred by the State related to the project. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. State/Local Agreement (PD) Rail with Trail Pathway, Meridian iit NoKey No. 13 918 Page 1 The Parties agree as follows: SECTION I. GENERAL 1. It is necessary to develop construction plans and specifications in order that federal participation may be obtained in the construction costs of the project. Federal -aid for project development is not available on this project. The cost of project development is the Sponsor's responsibility. 2. Federal participation in the Federal -aid portion of this project is at the rate of 92.66%; local participation is 7.34%. Scheduled Local Participation funds are 100% Sponsor responsibility. Scheduled funding for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a. Project Development (State, Consultant, Local) - $74,000 (Sponsor 100%) b. Construction Engineering - $57,000 (92.66%/7.34%) c. Construction - $444,000 (92.66%/7.34%) d. Total Estimated Project Costs - $575,000 3. The Sponsor's match for construction of this project will be provided in cash in the amount of 7.349. of the construction costs. The Sponsor has earmarked and has placed in its fiscal budget at least the amount of the local match equaling to 7.34% of the construction cost. 4. The construction year for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Currently the project is scheduled for construction in FY19, which commences October 1, 2018. The Sponsor will meet the project milestones shown below or on a subsequently approved CPM Schedule. Failure to meet these milestones may jeopardize availability of Federal participation. Concept Approval - July 1, 2016 Environmental Approval - July 1, 2017 Plans, Specifications, and Estimate - October 1, 2018 State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 2 5. This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department's Roadway Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http://itd.idaho.gov/manuals/ManualsOnline.htm . 5. All information, regulatory and warning signs, pavement or other markings, and traffic signals required and warranted will be developed as a part of the plans, regardless of whether the work is done as a portion of the contract or by the Sponsor's forces. 7. If the project is terminated prior to completion, the Sponsor shall repay to the State all federal funds received for the project, and shall be liable to the State for any un -reimbursed incidental expenses as provided for in Section II, Paragraph 1 of this Agreement. 8. Sufficient Appropriation. It is understood and agreed that the State and the Sponsor are governmental agencies, and this Agreement shall in no way be construed so as to bind or obligate either the State or Sponsor beyond the term of any particular appropriation of funds by the Federal Government, the State Legislature, or Meridian City Council, as may exist from time to time. The State and the Sponsor reserve the right to terminate this Agreement if, in either party's respective judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State or Sponsor to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. The parties agree this clause does not invalidate or waive the obligations in Section I, Paragraph 7. SECTION II. That the State shall: 1. Provide the following services incidental to the project development: State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 3 a. Assist Sponsor in the selection of a Consulting Engineer and negotiations as needed, and furnish the Agreement for Engineering Services and any supplements thereto, to be used between the Sponsor and Consulting Engineers on this project. b. Review Preliminary Environmental Evaluation and recommend other appropriate environmental documentation. c. Provide a hearing officer to conduct a formal public hearing as necessary. d. File with the Federal Highway Administration applications for exceptions to AASHTO Standards when appropriate. e. If requested by the Sponsor, assist in negotiations with public carriers and utilities for agreements on behalf of the Sponsor. f. Review the consultant plans, estimates, reports and environmental studies, and issue notice of approval to the Sponsor and the engineer following the Concept, Preliminary and Final Design Reviews and the Design Study Report. g. Print and assemble plans, special provisions, specifications and contracts. h. Advertise for bids and let the construction contract. Prior to construction, the parties will enter into a separate agreement covering responsibilities of the parties relating to construction. 2. Within sixty (60) days of receipt of appropriate documentation from the Sponsor showing expenditure of funds for project development, reimburse the Sponsor at the approved Federal -aid rate for eligible expenses. 3. Bill the Sponsor for costs incurred by the State under this Agreement for project development, if those costs exceed the amount set out in Section III, Paragraph 1. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 4 4. Bill the Sponsor for any federal funds to be repaid by the Sponsor if the project is terminated prior to completion, and the Sponsor has been reimbursed with federal funds for construction. SECTION III. That the Sponsor shall: 1. Pay to the State, before the State begins the incidental services referred to in Section II, Paragraph 1, the sum of FIVE THOUSAND DOLLARS ($5,000), estimated to be the total expense to the State. In addition, pay to the State the cost of all incidental services provided by the State upon receipt of the billing provided for in Section II, Para. 3. 2. Funds owed by the Sponsor shall be remitted to the State through the ITD payment portal at: https:llapps.itd.idaho.govIPay-TTD. 3. Sponsor warrants that it will repay any federal reimbursements on this project if the project is terminated prior to completion. 4. With the assistance of the State, hire a consultant for development of the project. 5. Make timely payment of all consultant invoices throughout the design of the project. Periodically the Sponsor may submit allowable Consultant invoices and receipts to the State showing payment of same for credit towards the Sponsor's match on construction of the project. 6. Advertise for formal public hearing if required. 7. Coordinate the relocation of utilities within the right-of-way of the project. Federal -aid utility relocations will be processed in accordance with the applicable provisions of 23 CFR and the Sponsor's utility policies and procedures. 8. Acquire all rights-of-way and easements needed to provide for construction and maintenance of the project. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 5 9. Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials sources and agreements necessary for the construction of the project have been acquired in accordance with the provisions of this Section. Provide a value of any right-of-way donations obtained, which may be credited as a matching share. 10. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the State an environmental evaluation, that includes cultural resources, and any other documentation required by the National Environmental Policy Act. 11. At all required public hearings, furnish all necessary exhibits and provide for a representative of the Sponsor to describe the project; present information about the location and design, including alternatives; discuss the economic, sociological, and environmental effects of the project; and answer all questions concerning the project. 12. Supply roadway summary sheets and such standard draw- ings as may be required to supplement the plans 13. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Appendix A if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 14. Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three (3) years from State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 6 the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 15. Comply with all other applicable State and Federal regulations. EXECIITION This Agreement is executed for the State by its Engineering Services Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the City of Meridian. IDAHO TRANSPORTATION DEPARTMENT APPROV D BY 4 Engineering Services Division Administrator RECOMMENDED BY: 0 �Diict Engineer n•� L7F2t ,• By regular/special meeting ongs�o�� G,?O 1 L Reviewed by FS: DW 2-2-16 hm:13918 SLAPD.docx State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 7 APPENDIX A Non -Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200, the Sponsor has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program activities and for coordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances of Non -Discrimination 49 CFR Part 21.7 The Sponsor hereby gives assurances: 1. That no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not. The Federal -aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added in 1975 under the Age Discrimination Act. Minority populations and low-income populations were added by Presidential Executive Order 12898. Limited English proficient persons was added by Presidential Executive Order 13166. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. Further assurance is given that the Sponsor will comply with all requirements of Title U of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973. Public agencies are required to have completed a self-evaluation of all their programs and services (including pedestrian facilities) by 1992. In addition, public agencies with 50 or more employees were required to develop an ADA Transition Plan describing in detail how corrections would be made. If corrections could not be made within one year (or 1993), the Plan was to include a detailed schedule of how corrections would be made (CFR 28 35.105 & 35.150). 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Sponsor by the Idaho Transportation Department (ITD) under the Federally -Funded Program and is binding on it, other recipients, sub -grantees, contractors, sub -contractors, transferees, successors in interest and other participants. 5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally -Funded programs and, in adapted from all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 1 advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, or disability in consideration for an award. 6. That the Sponsor shall insert the clauses of Attachment 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The Sponsor shall: 1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 2 the Sponsor's report of investigation, will be forwarded to ITD's EEO Office — External Programs within 10 days of the date the complaint was received by the Sponsor. 6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. 7. Conduct Title VI reviews of the Sponsor and sub -recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by ITD's EEO Office. 9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to what extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one year from the date of approval of the Non -Discrimination Agreement and then annually on the same date. The format for the Title VI review will be provided each year to the Sponsor for completion. A determination of compliance will be made by ITD's EEO Office based on the information supplied in the review. This review of the Sponsor's Title VI Program may also include an on-site review in order to determine compliance. Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ITD and USDOT. The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD: State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 3 a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). C) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor. f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office — External Programs EEO Manager PO Box 7129 Boise, ID 83707-1129 208-334-8852 Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 208-334-9180 Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Appendix A revised: 03-09, 08-10 State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 4 Attachment 1 This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to ITD or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request ITD enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 5 Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation ITD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Idaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Idaho, its successors, and assigns. The state of Idaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction.' Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6H ITEM TITLE: Falconer's Place Subdivision Final Plat for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory Road. Request: Final Plat Consisting of Twenty -Three (23) Single -Family Residential Lots and Five (5) Common Lots on Approximately 4.69 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: Mav 24, 2016 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: Resolution Resolution No. � (D --1N `� D : A Resolution to Amend the City of Meridian Standard Operating Policy and Procedure Manual to Add a New Policy 1.3: Establishment of City -Wide Policies DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. t _ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO ADD A NEW POLICY; 1.3 ESTABLISHMENT OF CITY WIDE POLICIES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the policies for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended to add the following new policy 1.3 Establishment of City Wide Policies; a copy of said policy is attached and incorporated by reference as Exhibit "A". SECTION 2. This Resolution shall be in full force and effect immediately upon its adoption and approval. 4 ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2015. ATTEST: By. Jacy Jones, City Clerk RESOLUTION TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL. TO ADD A NEW POLICY: 1.3 ESTABLISHMENT OF CITYWIDE POLICIES - PAGE 1 OF I "EXHIBIT A" CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE NUMBER 1.3 SUBJECT: ESTABLISHMENT OF CITY WIDE POLICIES PURPOSE: To identify how city wide policies are created for inclusion in the Policy Manual. POLICY: Citywide policies may be proposed by any Department Director. City wide policies are a statement by the leadership of the City, and ultimately the City Council, as to acceptable practice and behavior within the workplace. These policies are specific to employment related matters. These policies apply in general to all personnel employed by the City, as well as volunteers and elected officials. No supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies. Departments may adopt department policies for operations without needing secondary approval by the City Council. AUTHORITY & RESPONSIBILITY: Human Resources shall be responsible for shepherding the proposed policy through the current process. PROCEDURES AND RELATED INFORMATION: 1) Proposed citywide polices shall be provided to Human Resources for initial review. 2) Legal may be consulted on such polices if appropriate. 3) The proposed policy will be then vetted to the Senior Leadership Team for discussion and review. 4) Once finalized, the policy will be presented at a workshop of the City Council for discussion and direction. 5) If directed by the City Council the final version of the policy shall be presented at a City Council meeting with a resolution for adoption. 6) Once adopted the policy shall be incorporated into the Citywide Policy and Procedures Handbook. Citywide policies shall be applicable to all City employees, unless exempted specifically by Agreement. 7) Human Resources shall provide notice of the policy adoption, repeal, or amendment to all employees through email and any other means that exist for employee information dissemination. Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: Resolution J. Resolution No. � `o - M3 : A Resolution to Declare Surplus Property of the City of Meridian to Various Governmental and Non -Profit Agencies 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. - t I`_ ..._I _. BY THE CI'T'Y COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN SE'T'TING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SURPLUS PROPERTY TO VARIOUS OTHER GOVERNMENTAL AND NON-PROFIT AGENCIES OR ORGANIZATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is in the best interest of the City of Meridian to declare that certain property as attached as Exhibit "A" as surplus as these particular items are no longer needed or used by the City of Meridian; and WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows surplus City property to be transferred to other local governmental and nonprofit agencies or organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; and WHEREAS, the cost of maintaining the property listed herein until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the property listed herein as Exhibit "A" to various other governmental and non-profit agencies or organizations as outlined in Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor and City Council hereby authorize and declare that certain property attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the property listed in Exhibit "A", for no monetary consideration, to various other governmental and nonprofit agencies or organizations as outlined in Exhibit "A". RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTY TO VAROUS OTHER GOVERNMENTAL AND NON-PROFIT AGENCIES OR ORGANIZATIONS Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2016. Mayor ' am ° Weerd ATTEST: filyof u' By. EIDoAN SSEAL) AHO lac la it (3o'_y es SEAL At, RESOLUTION AUTHORIZING DONATION OF SURPLUS PROPERTY TO VAROUS OTHER GOVERNMENTAL AND NON-PROFIT AGENCIES OR ORGANIZATIONS EXHIBIT "A" ASSET TAG# CITY OF MERIDIAN DEPARTMENT Information Technology SEE ATTACHED ASSET INFORMATION FORM QUANTITY DESCRIPTION SPECIFIC LOCATION SEEATTACHED MiscTechnology Items Information Technology MODEL MANUFACTURER SERIAL# VENDOR SEE ATTACHED SEE ATTACHED SEE ATTACHED MISC ORIGINAL COST ACQUISITION DATE LIFESPAN SEE ATTACHED SEE ATTACHED SEE ATTACHED Add NewASset Upon receipt of anew asset take the time to adhere atag and complete the "Asset Information Form" and forward to Finance. X Dispose Asset _ (please give a brief description ofhow you plan on disposing the asset) Items will be donated to Meridian Food Bank, Boys & Girls Club ofAda County, Nampa School District and Computers for Kids. One item will be Auctioned. Transfer Asset Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or"Asset Information Form". Once the form is complete it should be routed as follows: A, Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with disposal. r�- Fin—an ce Ap pISPa5AL VALUE $ SeeAttached (use your best estimate) PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Decommissioned computers and other unneeded mise. tech items. Condition of asset to be disposed: Some Working, Some not working. rector Approval to Dispose or Retire an Asset or Retire an Asset _ ail I Date Date Date Resolution No.: Approved by Council Date: Final Disposition of Property Vendor/Agency & Pate: Note: All Donations must be approved by Council through Resolution. 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Si$n S0 �V$ Qh �i} -ti a �, 3 as 0 ro 0 v 0 a o' Meridian City Council Meeting DATE: Mav 24, 2016 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Scholarship Presentations City of Meridian Scholarship Presentations MEETING NOTES —7re s Cv Ck\( 0'4— -IoL 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: May 24, 2016 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Mayor's Youth Advisory Council Update - Final Report for the 2015-2016 School Year and Farewell to Seniors Presentation 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: May 24, 2016 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Dairy Board Request Continued from May 17, 2016: Dairy Board Request for Cost Share for the Annual Dairy Days Parade 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: May 24, 2016 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Meridian Arts Commission Meridian Arts Commission Recommendations for Traffic Box Wrap Artworks and Locations for FYI 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: May 24, 2016 ITEM NUMBER: 7E ITEM TITLE: Mayor Tammy's Walking Club Update 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 Ma y o r T a m m y ’ s W a l k i n g C l u b 20 1 5 - 2 0 1 6 Sp r i n g o f 2 0 1 5 • 5 E l e m e n t a r y Sc h o o l s • 3, 0 3 2 S t u d e n t s • 25 , 4 0 3 M i l e s • Tr a v e l e d o n c e ar o u n d t h e E a r t h 20 1 5 – 2 0 1 6 S c h o o l Y e a r • 12 E l e m e n t a r y Sc h o o l s • 6, 9 0 0 S t u d e n t s • 16 5 , 5 7 4 M i l e s • Tr a v e l e d 6 . 7 t i m e s ar o u n d t h e E a r t h Co m m u n i t y P a r t n e r s • Pr i m a r y H e a l t h Me d i c a l G r o u p • Th e B o i s e C o - o p • Fl e e t F e e t S p o r t s Me r i d i a n Pr i z e s • Lu n c h w i t h M a y o r T a m m y • Ci t y o f M e r i d i a n P i n s • Fl a s h i n g R e f l e c t o r s • Ha c k y S a c k s • Fr i s b e e s • Bu t t o n s & W r i s t b a n d s Go a l s f o r 2 0 1 6 - 2 0 1 7 • 10 0 % El e m e n t a r y Sc h o o l Pa r t i c i p a t i o n • Pa r t n e r w i t h We s t A d a S c h o o l Di s t r i c t t o pr o v i d e l u n c h e s Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 8 PROJECT NUMBER: ITEM TITLE: Items Moved From the Consent Agenda 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 Pl a n n i n g & Z o n i n g Co m m i s s i o n M e e t i n g Ma y 2 4 , 2 0 1 6 It e m # 9 C : G r a n t o n S q u a r e N o . 2 Vi c i n i t y M a p 2725 2689 2649 1852667 1833 1855 1852 1830 16 4 0 16 6 2 16 2 4 17 2 2 1856 1817 1812 1834 18 2701 2692 2625 2710 16 5 5 1822 1843 1835 182765 2783 2747 1813 1831 2734 1 7 0 5 1 7 3 7 2650 26 5 1 2716 1 7 2 3 16 8 6 17 1 6 25 5 2 1 7 4 1 1738 1754 1796 16 7 3 16 9 9 25 2 0 2505 26 7 8 1848 26 5 6 1 7 2 1 1763 1 7 0 7 14 2 1 14 8 1 27 1 6 1 6 5 7 1 6 7 3 27 0 1 16 4 1 2672 1 6 2 5 1 6 1 7 2694 27 0 4 26 3 4 26 7 3 1 6 3 3 2628 1 6 8 9 1751 17 1 4 27 7 0 27 4 0 25 0 2 26 1 6 26 2 8 25 9 3 14 5 7 14 6 9 14 7 3 14 4 5 14 8 3 14 8 2 14 3 4 26 1 1 25 7 5 27 3 8 25 2 3 25 0 7 26 2 5 25 2 0 25 9 4 14 7 4 14 3 3 27 4 6 25 7 8 25 3 0 RU T R- 8 N L o c u s t G r o v e R d r a s s S t N Valm e t P l E C h e m i s e S t E C h a l l i s S t NChiantiWay t A v e N L o c h n e s s A v e N S u m m e r b r o o k A v e E S a g e H e n C t Pr e l i m i n a r y P l a t Fi n a l P l a t C R- 4 0 C- N R-15 R1 C2 C- G C2 R-15 R1M C- G R- 4 0 R- 4 0 L-O L-R-40 C2 R- 1 5 R6 R- 8 C- C E C h a t e a u D r NJerichoRd N M a i n S t E F a i r v i e w A v eN Jericho W ay E C a r o l S t E C l a r e n e S t N J a n i e L n E C h a t e a u D r N T e a r e A v e 3 r d S t N E 1 0 t h A v e E T a m m y S t E C a r m e l D r E W i l l o w b r o o k D r E J a m e s C o u r t D r N E 1 0 t h A v e E L o c u s t V i e w L E G r u b e r A v e E B a d l e y A v e E B a r b a r a D r E W i l l o w B r o o k D r N I b e r i s A v e E S p i n o s a D r N E u r e k a P l N L a r k P l N C a r o l S t AlveyLn N E 3 r d S t E W i l l o w b r o o k C t W Carol St N Sandl E 5 t h S t N C o u N AmeAv N V i e w h i l l A v e H a l f S t E J o y C i r E B a r b a r a D r E B a r b a r a D r N B u e n a V i s t a A v e N P e n r i t h A v N Gallant Ln E Carol St E C l a y b o u r n e D r E L y n n D r It e m # 9 D : G r a c e a t F a i r v i e w L a k e s De v e l o p m e n t A g r e e m e n t M o d i f i c a t i o n Pr o p o s e d C h a n g e s t o D e v e l o p m e n t A g r e e m e n t 4. U S E S P E R M I T T E D B Y T H I S A G R E E M E N T : (p g s . 3 - 4 ) 4. 1 T h e u s e s a l l o w e d p u r s u a n t t o t h i s A g r e e m e n t a r e o n l y t h o s e u s e s a l l o w e d u n d e r “ C i t y ’ s ” Z o n i n g O r d i n a n c e c o d i f ied at Me r i d i a n C i t y C o d e S e c t i o n 1 1 - 7 - 2 ( F , H , K ) w h i c h a r e h e r e i n s p e c i f i e d a s f o l l o w s : Co n s t r u c t i o n a n d d e v e l o p m e n t o f t h e 2 4 . 8 2 9 a c r e s a s f o l l o ws : Th e n o r t h e r n m o s t 9 . 1 0 4 . 6 3 a c r e s a s R - 4 0 1 5 ; t h e 4 . 1 3 a c r e s as R - 4 0 ; t h e 1 . 7 4 a c r e s a s C - N , a n d t h e r e m a i n i n g 1 3 . 7 9 ac r e s , a d j a c e n t t o F a i r v i e w A v e n u e a s C - G , w i t h t h e i n t e n t t o d e v e l o p a n d c o n s t r u c t a 1 9 2 8 7 - u n i t a p a r t m e n t c o m p l e x as s i s t e d l i v i n g f a c i l i t y a n d a 3 0 u n i t m e m o r y c a r e u n i t f o r th e p r o p o s e d n o r t h e r n 9 . 1 0 4 . 6 3 a c r e s . T h e 4 . 1 3 a c r e s z o n ed R- 4 0 w i l l b e u s e d t o b u i l d a n d c o n s t r u c t a p r o f e s s i o n a l o ff i c e p a r k . T h e a p p l i c a n t p r o p o s e s t h a t t h e s o u t h e r n p o r t i on be de v e l o p e d a s a c o m m e r c i a l b u i l d i n g s i t e , in c l u d i n g a f a s t - f o o d e s t a b l i s h m e n t , t w o b a n k s , t h r e e c o m m e r c i a l b u i ldings, an d a n o f f i c e b u i l d i n g . De v e l o p m e n t s h a l l b e c o n s i s t e n t w i t h t h e M e r i d i a n C o m p r e he n s i v e P l a n G e n e r a l i z e d F u t u r e L a n d U s e M a p w h i c h de s i g n a t e s t h e p r o p e r t y a s E x i s t i n g U r b a n M i x e d U s e - C o m m u n i ty , a n d g o t h r o u g h t h e p l a n n e d d e v e l o p m e n t p r o c e s s an d a s c o n d i t i o n a l u s e s . 4. 2 N o c h a n g e i n t h e u s e s s p e c i f i e d i n t h i s A g r e e m e n t s h a l l b e a l l o w e d w i t h o u t m o d i f i c a t i o n o f t h i s A g r e e m e n t . It e m # 9 E : W h i t e a c r e S u b d i v i s i o n Vi c i n i t y M a p 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 Ph a s i n g P l a n Ex h i b i t f o r t e m p o r a r y s i d e w a l k a l o n g N . M e r i d i a n R o a d Pr o d u c t t y p e s El e v a t i o n s El e v a t i o n s El e v a t i o n s Al l e y L o a d E l e v a t i o n s St a f f ’ s r e q u i r e d m o d i f i c a t i o n s t o p l a t l a y o u t : 1. Pr o v i d e a m i c r o p a t h c o n n e c t i o n f r o m W . F a l l e n L e a f D ri v e t o N . E l s i n o r e A v e n u e 2. Pr o v i d e a p i c n i c s h e l t e r a n d s e a t i n g a r e a o n L o t 1 , B l o c k 3 t o c o m p l e m e n t t h e pr o p o s e d p l a y s t r u c t u r e . 3. Mo v e N . A m b e r c r e e k A v e n u e ( s e c t i o n b e t w e e n W . H a l p i n St r e e t a n d W . W a n d a St r e e t ) 1 0 0 f e e t t o t h e e a s t s o t h a t t h e r o a d p r o v i de s b e t t e r p e d e s t r i a n a c c e s s t o t h e pa r k . 4. Pr o v i d e a m i c r o p a t h c o n n e c t i o n f r o m W . K a i b a b T r a i l St r e e t t o N . M e r i d i a n R o a d . 5. St a f f r e c o m m e n d s t h a t L o t s 1 8 - 2 1 , B l o c k 8 b e r e c o n f ig u r e d s o t h a t t w o l o t s t a k e ac c e s s f r o m N . E l s i n o r e W a y a n d t w o l o t s t a k e a c c e s s f r o m N . P r i c e P l a c e . Ad d i t i o n a l / m o d i f i e d c o n s i t i o n s Co n d i t i o n 1 . 1 . 1 ( J ) s h o u l d b e m o d i f i e d a s f o l l o w s : Th e a p p l i c a n t s h a l l c o o r d i n a t e w i t h p u b l i c w o r k s o n t h e t i m i n g o f t h e u t i l i t y c o n n e c t i o n s f o r th e e x i s t i n g h o m e . c o n n e c t t h e e x i s t i n g h o m e w h e n w i th t h e T h e e x i s t i n g h o m e t h a t w i l l b e in c l u d e d i n t h e p r o p o s e d s u b d i v i s i o n a s L o t 1 7 , B l o ck 8 s h a l l b e i n c l u d e d i n p h a s e o n e ( 1 ) o f th e d e v e l o p m e n t a n d s h a l l b e c o n n e c t e d t o c i t y u t i l it i e s w i t h i n s i x t y ( 6 0 ) d a y s o f a n n e x a t i o n an d t a k e a c c e s s f r o m a d d s t r e e t n a m e h e r e . Ad d c o n d i t i o n 1 . 1 . 1 ( K ) a s f o l l o w s : Th e a p p l i c a n t s h a l l o b t a i n C e r t i f i c a t e o f Z o n i n g C o mp l i a n c e a n d D e s i g n R e v i e w ap p r o v a l f o r a l l a t t a c h e d h o m e s i n t h e p r o p o s e d s u b di v i s i o n . St a f f ’ s R e q u i r e d C h a n g e s t o P l a t It e m # 9 F : T h i r d S t r e e t S q u a r e Su b d i v i s i o n Vi c i n i t y M a p 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 El e v a t i o n s El e v a t i o n s Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 9A PROJECT NUMBER: H-2016-0008 ITEM TITLE: Browning Plaza Public Hearing Continued from May 3, 2016 for Browning Plaza (H-2016-0008) by SLN / Boise -Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat C0r__,A2k yX veli G `C-�_ 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: May 24, 2016 ITEM NUMBER: 9B PROJECT NUMBER: H-2016-0038 ITEM TITLE: Public Hearing Continued from April 26, 2016 for Waltman Property (aka Browning Plaza) (H-2016-0038) by SLN Planning/Boise-Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane 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: May 24, 2016 ITEM NUMBER: 9C PROJECT NUMBER: H-2016-0034 ITEM TITLE: Granton Square Subdivision No. 2 C. Public Hearing for Granton Square Subdivision No. 2 (H-2016-0034) by Granton Square Properties, LLC Located 1714 E. Challis Street 1. Request: Combined Preliminary / Final Plat Approval Consisting of Two (2) Building Lots and One (1) Common Lot on 0.28 of an Acre of Land Zoned R-8 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: May 24, 2016 ITEM NUMBER: 9D PROJECT NUMBER: H-2016-0044 ITEM TITLE: Fairview Lakes Public Hearing for Fairview Lakes (H-2016-0044) by Grace at Fairview Lakes Located North Side of E. Fairview Avenue, Midway Between N. Meridian Road and N. Locust Grove Road 1. Request: Modification to the Development Agreement to Change the Use on the Northern Portion of the Site from Apartments to an Assisted Living and Memory Care Facility 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: May 24, 2016 ITEM NUMBER: 9E PROJECT NUMBER: H-2016-0019 ITEM TITLE: Whiteacre Subdivision E. Public Hearing for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. Request: Annexation and Zoning of 40.88 Acres of Land with an R-8 Zoning District 1. Request: Preliminary Plat Approval Consisting of 197 Residential Building Lots and 33 Common Lots on 40.88 Acres of Land in a Proposed R-8 Zoning District � os h 13e�h Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS R-4 R-8 R - 8 R-4 R- 8 R- 8 R-8 R - 8 N A M B E R C R E E K A V E N ELSINORE AVE N A L E S T E R A V E E WHITE SANDS ST W KAIBAB TRAIL ST N E L S I N O R E A V E N P R I C E A V E N E L S I N O R E A V E W KAIBAB TRAIL ST N A L E S T E R A V E PUBLIC ALLEY W FALLEN LEAF DR N E L S I N O R E A V E W YOSEMITE DR N E L S I N O R E A V E W YOSEMITE ST N A L E S T E R A V E E HALPIN DR E HALPIN DR ME R I D I A N R O A D Development Features Site Location Map Entry Sign Concept Development Features SCALE: 1"= 70'-0" LANDSCAPE ARCHITECTURE, P.C. Site Location Map May 23, 2016 Entry Sign Concept Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 9F PROJECT NUMBER: ITEM TITLE: Third Street Square Subdivision Public Hearing for Third Street Square Subdivision (H-2016-0031) by Trenton Seltzer Located East of N. Main Street Between Franklin Road and Pine Avenue 1. Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots and One (1) Common Lot on 1.737 Acres of Land in an O -T Zoning District [-�� wy\&�O?e- co�\� 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: May 24, 2016 ITEM NUMBER: 1 OA PROJECT NUMBER: ITEM TITLE: Parks and Recreation Department Continued from the May 10, 2016 City Council Meeting: Parks and Recreation Department: State/Local Agreement Project No. A013 (918) Rail With Trail Pathway Between the City of Meridian and the Idaho Transportation Department Regarding the Referenced Federal Aid Project for a Rail with Trail Pathway in Fiscal Years 2018 and 2019 for the Not -to -Exceed Amount of $501,000.00 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (�iER.IDnIAN,,=�- May 13, 2016 MEMO TO: Mayor and City Council FROM: Jay Gibbons, Parks & Pathways Project Manager Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts RE: Rail with Trail (RWT) Pathway Key No. 13918 — State/Local Agreement Madam Mayor and City Council Members, This memo and attached data is intended to provide additional information and background in preparation for a decision on whether the City should enter into the State/Local agreement to utilize federal -aid in the form of a Transportation Alternatives Program grant (TAP) for construction of the referenced pathway project in FY 18 and FY 19 on May 24`h I have attached a map graphic indicating the pathway improvements and how these may be utilized long-term to connect to a future pathway within the rail right of way. A graphic indicating the funding levels by fiscal year is included. It is updated per a recent conversation with COMPASS's grant coordinator. I have attached the grant application and supporting documentation provided by the City to COMPASS in February 2013. At that time, we envisioned building the first mile of the Rail with Trail pathway outside the rail right of way, hence the request for $1 million. As grant funding was not sufficient to cover that figure, an award of $501,000 would likely allow the City to build the first '/z mile of the pathway. No right of way or property is needed to accomplish this part of the project because most of its length is on property owned by Nampa & Meridian Irrigation District (NMID) and within the Ada County Highway District (ACRD) right of way. There are three (3) properties that will require pathway easements, however, the project does not significantly impact the current use of the properties and may benefit them. Page 2 I have included a project cost estimate based on recent pathway project costs indicating that this pathway project can be accomplished within the grant budget. The estimate included within the grant application did not foresee the need to tile the Rutledge Lateral, however, recent correspondence with NMID indicates this improvement will be required and funding is sufficient to do this. As you are aware, we have formed a workgroup consisting of staff from the City of Nampa, City of Boise, ACHD and others to assemble the data necessary to fully respond to the Rail Company's issues with locating a pathway inside the rail right of way and make a formal request for a regional pathway on behalf of all affected cities. COMPASS has formally adopted a charter for this workgroup and has scheduled all group tasks to be completed by the end of FYI 7. I look forward to presenting this information to Council at the May 24`h hearing. If you have any questions, please let me know. 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I'■ a 46 LL U U rN E IDIAN.,,--- 'February 22, 2013 Toni Tisdale, Principal Planner COMPASS 700 N. East 2" d Street, Ste. 200 Meridian, ID 83642 Dear Ms. Tisdale, 2QIV 1Zb/ t3 Mayor Tammy de Weer City Council Members: -k Keith Bird Brad Hoaglun Charles Rountree David Zaremba The City of Meridian respectfully submits the Rail with Trail, UPRR Boise Cut-off project for consideration in the Transportation Alternatives Program. The City believes there is a regional need for non -drivers to have more opportunities for increased mobility and better access between communities. The existing railroad corridor is vastly underutilized and connects mixed use areas, downtowns and employment centers in both Ada and Canyon County, creating a great opportunity for additional public transportation options. A multi -use pathway project along the railroad tracks will provide a much needed east -west corridor for cyclists and pedestrians to get between neighborhoods and communities, eventually stretching between Nampa/Caldwell and Boise. This project will provide a great benefit for those that commute to and from work as well as recreational ists. Once this corridor is complete this multi -use pathway will help with congestion on our roadways, air quality, and quality of life for a broad cross-section of the community. On November 27`I', 2012 the City Council approved a resolution supporting the Rail with Trail project, including a pledge for local match and maintenance (attached.) On February 19`x', 2013 the Meridian City Council voted to confirm commitment for the subject grant application including a 20% local match rate and perpetual maintenance of the pathway. The minutes for this latest action are Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 forthcoming. The Mayor and City Council fully support this project as it meets several objectives of the grant, enhances local and regional transportation options, and helps address the growing transportation needs for Idahoans. Thank you for considering this project for funding. Sincerely, co:' J' -'I �g Brad Hoaglun Council President Attachments: 1) Transportation Alternative Program Application 2) Meridian City Council Resolution 12-893 3) ITD Form 1150 4) ITD Form 2435 5) Project Map 6) Letters of Support COMPASS FY2013 Transportation Alternatives Program Application Application is limited to two pages, not counting letters of support. Include Resolution, ITD forms 1150 and 2435, and a location map if applicable. Applications are due by 10:00 a.m. on February 26, 2013. Name of - - Project: Rail with Trail UPRR Boise Cut-off Total Amount Federal Local Match of Project: $1,000,000 Amount $800,000 Available: $200,000 -[Requested: Could the project be divided or use less funds than requested? If so How? Yes. This request includes the construction of one mile of pathway and an arterial crossing. The pathway could be broken up into a half -mile project or the arterial crossing could be delayed or removed from the scope. What is the requested year for each phase of the project? (design, right-of-way, construction 2015-DSN; 2016 and 2017 -CN Contact Information: Name: Tim Curns Cit of Meridian Agency: Phone/Email: ; 208-489-0342 / tcurns@meridiancity.org Does this No direct partners are needed for this project to be successful. project include However, the City is hopeful that Union Pacific will participate. partners? If Arterial roadway crossings of the pathway will need to be so, who? coordinated and approved by ACHD. Also, future phases of the pathway will connect to Nampa and Boise. Partnerships with those agencies, to extend the pathway both to the east and west have been discussed. Briefly describe your ro'ect: _ The City of Meridian is interested in constructing an off-road, multi -use pathway near the UPRR line. One of the issues UPRR has expressed to the City is safe and integrated crossings of this pathway at arterials. In 2013 the City will be working with a consultant, through TAP funds, to conceptually design safe crossings. For the subject project we are requesting money to design and construct a mile of the pathway. In FY2015 we request $100k for professional design services and in 2016 and 2017, $447k each year to construct the pathway and an arterial crossing (or two, funds permitting). This project would be done using advance construct. The City is proposing to match the $800k grant with $200k for a 20% local match. The City recognizes the request is for all of the TMA's allocation for 2015 and 2016. However, this project meets several objectives of the program, is consistent with CIM and other local and regional plans, and is widely supported; it is the best use of the subject funds. If the full $1M is not possible, this project can be phased in half - mile segments and crossings. How is the project consistent with Communities in Motion 2035? ~� This pathway project is in direct alignment with the vision, and many goals and j objectives of CIM. As called for in Chapter 3 of CIM, this project will provide a new 4 option for safe access and expanded mobilitv choices in the recion. Mere F speclrlcally, CIM Objective 1.9 looks for additional travel choices in the region for all people, including youth, the elderly, persons with disabilities, and persons of varying economic status. Further, in Chapter 10 of CIM, safe infrastructure for vulnerable users like school children, bicyclists and pedestrians are needed. CIM clearly calls for more travel options like transit, bike lanes and walking paths. This project addresses those needs by directly serving non -drivers, youth, and those of varying economic status while providing an additional safe mode choice to everyone. This project will also positively influence the jobs/housing balance issue. There are several dwellings and jobs near the rail corridor, making access to jobs and traveling across the valley to/from work easier. Consistent with CIM Objective 1.3, this project will expand capacity and increase efficiency of the transportation system by constructing a new facility that will relieve congested corridors and traffic bottlenecks while ensuring a connected regional system via the rail corridor. As the rail corridor generally runs east -west (the dominant commuter directions) and through the "heart" of multiple established neighborhoods and job centers, several of the adjacent arterials should benefit from less congestion. This project should also help the region get to its target average mode split of 5% of all trips (CIM, Objective 1.4) There are no expected environmental impacts associated with this project as it is within an existing freight mobility corridor; it should not have any negative impacts for people, cultural resources or the environment. One of the key Density and Design Principles of CIM, to: "Connect people and places through a complete street network that invites walking and bicycling and provides convenient access to bus or rail" will be realized by the construction of a rail with trail. Not only will people and places be connected, but they will be connected by a multi -modal trail where walking and biking are the dominant mode. Further, as the bus system is expanded and the rail line is used for mass transit, the pathway will provide convenient access to bus and transit stops. In Chapter 6 of CIM, health is recognized as an issue for the region. This project may help with the overall health of residents as it will provide a facility for potential motorists to leave their car at home and instead use human power to commute as well as recreate. This project is not about Meridian acting alone to build a pathway, but rather about multiple communities working together toward solving regional transportation demand issues identified in CIM. What level of environmental clearance is expected for this project? What major environmental impacts are anticipated? This project should be a Categorical Exclusion; no major environmental impacts are anticipated. Is there support for this project? See attached letters of support from Central District Health, the Meridian Police Activities League (PAL), the City of Nampa and the City of Boise. A letter from ACHD's Bicycle Advisory Committee is forthcoming. Is the project specifically included in a plan? If so, which one(s)? Yes, this project is included in the City of Meridian Pathways Master Plan and the Cit 's Comprehensive Plan. How does the project benefit the existing transportation system? This project will benefit the existing transportation system by providing an alternative route and mode for commuters as well as recreationa lists. It will provide a better balance of modes, addresses the needs of pedestrians, cyclists, motorists and rail/freight traffic to create a rail with trail pathway. F;\FY13\600 Projects\685 TIP\1418TIP\2014Apps\Call for Projects\COMPASS FY2013 TA Application-2.doa CITY OF MERIDIAN RESOLUTION NO. a - S93 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION APPROVING THE RAIL WITH TRAIL GRANT APPLICATION FOR SUBMISSION TO THE COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS); APPROVING A LOCAL MATCH OBLIGATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is a municipal corporation established pursuant to the laws of the State of Idaho; and, WHEREAS, COMPASS is an association of local governments, as required by the federal government, serving as the metropolitan planning organization for northern Ada County and Canyon County; and, WHEREAS, the City of Meridian is submitting Transportation Alternative Grant Application to COMPASS for funding consideration; and, WHEREAS, if chosen for the grant award, as a condition of the Grant, the recipient must agree to provide matching funds in the amount of 7.34%. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby approves the Rail with Trail grant application for submission to COMPASS. Section 2. That the City Council of the City of Meridian hereby agrees to provide the federally required match amount of 7.34% if chosen for the grant award. Section 3. 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 �2 day of November, 2012. 14' 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this -�7 day of November, APPROVED: ATTEST: i JRj7nu Atrco Sti pkdabg of an , tty Clerk �E IDIAN a 1D4N0 - SEAL =/ar T1111U� CrrY OF MERIDIAN PAGE I OF I ITD 1150 (Rev. 3-05) Project Cost Summary Sheet ,I ; Round Estimates to Nearest $1,000 DateProject Number Initial or Revise To Key Num r 2/12/2013 TBD 2. Right -of -Way: Number of Parcels Number of Relocations TBD Location 3 Utility Adjustments: ❑ Work El Materials By State ❑ By Others District Meridian, Idaho $38,000 3 Segment Code in Mile Post End Mile Post Length in Miles NA N]NA INA 1 Previous ITD 1150 Initial or Revise To 1. Preliminary Engineering $100,000 2. Right -of -Way: Number of Parcels Number of Relocations 3 Utility Adjustments: ❑ Work El Materials By State ❑ By Others 4 Earthwork $38,000 5. Drainage and Minor Structures $50,000 6. Pavement and Base $180,000 7 Railroad Crossing: Grade/Separation Structure At -Grade Signals ❑ Yes L' --'No 8. Bridges/Grade Separation Structures: New Structure Location Arterial Crossing Length/Width 100' ❑ Repair/Widening/Rehabilitation Location Length/Width $400,000 9. Traffic Items Delineators, Signing, Channelization, Lighting, and Signals) $175,000 10. Construction Traffic Control (Sign, Pavement Markings, Flagging, and Traffic Separation) 11. Detours 12. Landscaping 13. Mitigation Measures 14. Other Items (Roadside Development, Guardrail, Fencing, Sidewalks, Curb and Gutter, C.S.S. Items) $55,000 15. Cost of Constructions (Items 3 through 14) $898,000 16. Mobilization %of Item 15 $1,000 17 Construction Engineer and Contingencies % of Items 15 and 16 $1,000 18 Total Construction Cost (15 + 16 + 17) 1 $900,000 19 Total Project Cost ( 1 + 2 + 18) $1,000,000 20. Project Cost Per Mile $1,000,000 Prepared By. - Tim Curns, PE ITD 2435 (Rev 3-04) Local Federal -Aid Project Request Instructions 1. Under Character of Proposed Work, mark appropriate boxes when work includes Bridge Approaches in addition to a Bridge. 2. Attach a Vicinity Map showing the extent of the project limits. 3 Attach an ITD 1150, Project Cost Summary Sheet. 4. Signature of an appropriate local official is the only kind recognized. Note: In Applying for a Federal -Aid Project, You are Agreeing to Follow all of the Federal Requirements Which Can Add Substantial Time and Costs to the Development of the Project. Sponsor (City, County, Highway District, State/Federal Agency) City of Meridian Existing Date 12/26113 Project Title (Name of Street or Road) Rail with Trail, UPRR Boise Cut-off F.A. Route Number I Project Length 11 Miles Bridge Length Project Limits (Local Landmarks at Each End of the Project) One mile within the overall project limits of McDermott Road to Eagle Road 2 Character of Proposed Work Mark Appropriate Items Oft Excavation 0 Bicycle Facilities ❑ Utilities ❑ Drainage ❑ Traffic Control ❑ Landscaping ❑ Base ❑ Bridge(s) ❑ Guardrail ❑ Bit. Surface ❑ Curb & Gutter ❑ Lighting 0 Sidewalk ❑ Seal Coat ❑ Planning Estimated Costs (Attach ITD 1150, Project Cost Summary Sheet Asphalt Preliminary Engineering (ITD 1150, Line 1) $ 100,000 Right -of -Way (ITD 1150, Line 2) $ 0 Construction (ITD 1150, Line 16) $ 900,000 Oft Preliminary Engineering By: ❑ Sponsor Forces ® Consultant Checklist Provide Names, Locations, and Type of Facilities Railroad Crossing Within 2 miles of an Airport Parks (City, County, State or Federal) Environmentally Sensitive Areas Federal Lands (Indian, BLM, etc.) Historical Sites Schools Other Additional Right -of -Way Required: ❑ None ® Minor (1-3 Parcels) ❑ Extensive (4 or More Parcels) Will any Person or Business be Displaced. ❑ Yes ® No ❑ Possibly Standards Existing Proposed Standards Existing Proposed Number of Lanes 0 2 Roadway Width (Shoulder to Shoulder) Oft 16 ft Pavement Type None Asphalt Right -of -Way Width Oft 20 ft Spon or's ig a Title Additional Information to be Fur fished bthe District 1 Functional Classification Terrain Type 120 1 ADT/DHV February 19, 2013 Community Planning Association of Southwest Idaho C/O Toni Tisdale 70o NE 2"a Street, Suite 200 Meridian, ID 83642 Dear Grant Review Committee: The City of Nampa respectfully submits this letter supporting the City of Meridian's Transportation Alternative Program grant application for a Rail with Trail project. The City of Nampa believes this project M]l provide a great benefit for those who commute to and from work as well as recreationalists. Further, motorists will also benefit as potential single -occupancy vehicles will be removed from the roadways as those drivers use the multi -use pathway instead. There is a need for non -drivers to have more opportunities for increased mobility and better access throughout the region. The existing railroad corridor is vastly underutilized and connects mixed use areas, downtowns and employment centers in both Ada and Canyon County. This project will provide a much needed east -west corridor for cyclists and pedestrians to get between neighborhoods and communities, eventually stretching between Nampa/Caldwell and Boise. While this first phase of the project will not complete the entire corridor, it does begin the process by designing for three key miles in the heart of the corridor. Once constructed this multi -use pathway will help with congestion on our roadways, air quality, and quality of life for a broad cross-section of the community. The City of Nampa fully supports this project because it meets several objectives of the grant, enhances local and regional transportation options, and helps address the growing transportation needs for Idahoans. Thank you for considering this project for funding. Sincerely. 7 t~� Mayor Tom Dale City of Nampa 3 t= Office of the Mayor B441SE February 21, 2013 Community Planning Association of Southwest Idaho David H. siutr c/o Toni Tisdale `4c'c` 700 NE 2"d Street, Suite 200 CityC,nundi Meridian, ID 83642 PresidenCdw, v 3aDear Grant Review Committee: itcryv„n Cou Da"E`irProTem The City of Boise respectfully submits this letter supporting the City of Meridian's Transportation Alternative Program grant application for a Rail with Trail project. [MRPO r.39 Nampa, Meridian, and Boise have worked cooperatively to create a regional rail -trail, ee"0--ma,,," and Meridian's effort to construct an important urban segment deserves support. tt �on Boise City Hall There is a need for non -drivers to have more opportunities for increased mobility and FhW F6w better access throughout the region. The existing railroad corridor connects mixed use 150N f iptWfi ,"d areas, downtowns, and employment centers in both Ada and Canyon County. While this Maas Address first phase of the project will not complete the entire corridor, it does begin the process P ¢ B°" Bene [&6 semi 05w}' gnb designing and constructing a portion of it in the heart of the corridor. Once complete, �in g this multi -use pathway will help limit congestion on our roadways, improve air quality, Phone "22 and enhance the quality of life for a broad cross-section of the community. FOX M13U"20 The City of Boise fully supports this project because it meets several objectives of the Twimr grant, enhances local and regional transportation options, and helps address the growing e,01377-3529 transportation needs for Idahoans. Thank you for considering this project for funding. web Sincerely, David H. Bieter Mayor ON-ca­,.W,M Phone (208) 888-6030 • Fax (208) 888-1506 • 250 N. Baltic Pl., Suite A - lferidian, ID 83642 website. www.meridianpal.org • email: meridianpal@qwest.net Community Planning Association of Southwest Idaho November 21, 2012 C/O Toni Tisdale 700 NE 2nd Street, Suite 200 Meridian, ID 83642 Dear Grant Review Committee: The Meridian Police Activities League (MPAL) respectfully submits this letter supporting the City of Meridian's Transportation Alternative Program grant application for a Rail with Trail project. MPAL believes that this project will provide a great benefit for those that commute to and from work as well as recreationalists. Further, motorists will also benefit as potential single - occupancy vehicles will be removed from the roadways as those drivers use the multi -use pathway instead. There is a need for non -drivers to have more opportunities for increased mobility and better access throughout the region. The existing railroad corridor is vastly underutilized and connects mixed use areas, downtowns and employment centers in both Ada and Canyon County. This project will provide a much needed east -west corridor for cyclists and pedestrians to get between neighborhoods and communities, eventually stretching between Nampa/Caldwell and Boise. While this first phase of the project will not complete the entire corridor, it does begin the process by designing for three key miles in the heart of the corridor. Once constructed this multi- use pathway will help with congestion on our roadways, air quality, and quality of life for a broad cross-section of the community. The Meridian Police Activities League fully supports this project because it meets several objectives of the grant, enhances local and regional transportation options, and helps address the growing transportation needs for Idahoans. Thank you for considering this project for funding. Suicerely, Tom Roy, D Executive Director Meridian Police Activities League 250 North Baltic Place Suite #A Meridian Idaho, 83642 CENTRAL DISTRICT HEALTH DEPARTMENT 1t1A810FfICE • 707 EL ARL%-'Rt}rz PL - SaiSE lD 83704.0825 - (708) 375-5211- FAX 327-8500 Pinna r V to PMMft pry and Fmmfve 1W_X1 to aur commurrHy February 22, 2013 Community Planning Association of Southwest Idaho CIO Toni Tisdale 700 NE 20d Street, Suite 200 Meridian, ID 83642 Dear Grant Review Committee: Central District Health Department (CDHD) respectfully submits this letter supporting the City of Meridian's Transportation Alternative Program grant application for a Rail with Trail project. One of CDHD's strategic goals is to help communities improve the built environment and create opportunities for active modes of transportation such as walking or biking. CDHD believes that this project supports our vision and will provide a great benefit for those that commute to and from work as well as recreationalists. Further, motorists will also benefit as potential single -occupancy vehicles will be removed from the roadways as those drivers use the multi -use pathway instead. There is a need for non -drivers to have more opportunities for increased mobility and better access throughout the region. The existing railroad corridor is vastly underutilized and connects mixed use areas, downtowns and employment centers in both Ada and Canyon County. This project will provide a much needed east -west corridor for cyclists and pedestrians to travel between neighborhoods and communities, eventually stretching between Caldwell, Nampa, and Boise. The heart of the corridor lies in the City of Meridian. This project will result in the development of the first three key miles and once constructed, this multi -use pathway will alleviate congestion on our roadways and improve air quality and quality of .life for much of the community. CDHD strives to promote policies and land use initiatives that create an environment where the healthy choice is the easy choice. The increased availability of walkable, bikeable pathways that the Rail with Trail project proposes will in part bring our vision to reality. CDHD fully supports this project because it meets several objectives of the grant, enhances local and regional transportation options, and helps address the growing transportation needs for Idahoan. Thank you for considering this project for funding. Sincerely, ussell A. Duke Director Central District Health Department Serving Yalfey, Elmore, Bolls, and Ada Counties Ads /Boise County Me ©meore counly 0f igo Valley County Me 707 N. Armstrong Pl. 520 F 8th SL NoM 703 N.1at St. Bolsa, ID 83704 Mountain Home tD 83647 McCall, ID 83638 Emrro. Health 327-7499 Emft. Heaorh: 587-M Ph. 634-7194 Reproductive Health. 327-7400 Fanfy Heft: 5874407 FAX: 534.2174 Immunizations. 327-7450 WIG 587.4409 WIG 327-7488 FAX 587-3521 FAX 327-8500 Rail with Trail - Meridian Rd. to Nine Mile Creek Pathway Project Cost Estimate Tasks Quantity Unit Cost Construction Engineering $57,000 Sidewalk Improvements 705 LF $38,775 Rutledge Lateral Tiling 1650 LF $165,000 Irrigation Structures 2 EA $12,500 Fencing 1650 LF $25,000 Asphalt Pathway 2000 LF $80,000 SWPPP 1 LS $15,000 Traffic Control 1 LS $5,000 Mobilization 1 LS $12,500 Subtotal $410,775 Contingency (10%) $41,078 Total Construction Cost $451,853 STATE/LOCAL AGREEMENT (PROJECT DEVELOPMENT) PROJECT NO. A013(918) RAIL WITH TRAIL PATHWAY, MERIDIAN ADA COUNTY KEY NO. 13918 PARTIES THIS AGREEMENT is of "M TRANSPORTATION BOARD, DEPARTMENT, hereafter MERIDIAN, acting by an called the Sponsor. PURPOSE made and entered into this 91A day Qok(,p , by and between the IDAHO by and through the IDAHO TRANSPORTATION called the State, and the CITY OF L through its Mayor and Council, hereafter The Sponsor has requested that the State include in its Idaho Transportation Investment Program Federal -Aid Project No. A013(918), described as Rail with Trail Pathway, Meridian. Project development is to be performed by Sponsor's staff/Consultant Engineers. The purpose of this Agreement is to set out the terms and conditions to accomplish the project development phase of this project. The Sponsor acknowledges that this Agreement covers a project wherein federal aid funds will be allocated, and Sponsor will comply with the requirements of 23 U.S.C. §313, 23 CFR §635.410, and 28 CFR Part 35 (title II). NOTE: Securing the services of a consultant for project development services must follow the process outlined in the Idaho Transportation Department Guidelines for Local Public Agency Projects. Since certain functions under this Agreement are to be performed by the State, requiring the expenditure of funds, and since the State can only pay for work associated with the State Highway System, the Sponsor is fully responsible for all costs incurred by the State related to the project. Authority for this Agreement is established by Section 40- 317 of the Idaho Code. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 1 The Parties agree as follows: SECTION I. GENERAL 1. It is necessary to develop construction plans and specifications in order that federal participation may be obtained in the construction costs of the project. Federal -aid for project development is not available on this project. The cost of project development is the Sponsor's responsibility. 2. Federal participation in the Federal -aid portion of this project is at the rate of 92.660; local participation is 7.34%. Scheduled Local Participation funds are 100% Sponsor responsibility. Scheduled funding for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Current estimated funding is as follows: a. Project Development (State, Consultant, Local) - $74,000 (Sponsor 1000) b. Construction Engineering - $57,000 (92.660/7.340) c. Construction - $444,000 (92.660/7.340) d. Total Estimated Project Costs - $575,000 3. The Sponsor's match for construction of this project will be provided in cash in the amount of 7.34% of the construction costs. The Sponsor has earmarked and has placed in its fiscal budget at least the amount of the local match equaling to 7.34% of the construction cost. 4. The construction year for this project is listed on the approved Idaho Transportation Investment Program, and subsequent revisions. Currently the project is scheduled for construction in FY19, which commences October 1, 2018. The Sponsor will meet the project milestones shown below or on a subsequently approved CPM Schedule. Failure to meet these milestones may jeopardize availability of Federal participation. Concept Approval - July 1, 2016 Environmental Approval - July 1, 2017 Plans, Specifications, and Estimate - October 1, 2018 State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 2 5. This project shall be designed to State Standards as defined in the current version of the Idaho Transportation Department's Roadway Design Manual, or as subsequently revised. The current version of the Design Manual can be viewed at the following web site: http://itd.idaho.gov/manuals/Manualsonline.htm . 6. All information, regulatory and warning signs, pavement or other markings, and traffic signals required and warranted will be developed as apart of the plans, regardless of whether the work is done as a portion of the contract or by the Sponsor's forces. 7. If the project is terminated prior to completion, the Sponsor shall repay to the State all federal funds received for the project, and shall be liable to the State for any un -reimbursed incidental expenses as provided for in Section II, Paragraph 1 of this Agreement. 8. Sufficient Appropriation. It is understood and agreed that the State and the Sponsor are governmental agencies, and this Agreement shall in no way be construed so as to bind or obligate either the State or Sponsor beyond the term of any particular appropriation of funds by the Federal Government, the State Legislature, or Meridian City Council, as may exist from time to time. The State and the Sponsor reserve the right to terminate this Agreement if, in either party's respective judgment, the Federal Government or the legislature of the State of Idaho fails, neglects or refuses to appropriate sufficient funds as may be required for the State or Sponsor to continue payments. Any such termination shall take effect immediately upon notice and be otherwise effective as provided in this Agreement. The parties agree this clause does not invalidate or waive the obligations in Section I, Paragraph 7. SECTION II. That the State shall: 1. Provide the following services incidental to the project development: State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 3 a. Assist Sponsor in the selection of a Consulting Engineer and negotiations as needed, and furnish the Agreement for Engineering Services and any supplements thereto, to be used between the Sponsor and Consulting Engineers on this project. b. Review Preliminary Environmental Evaluation and recommend other appropriate environmental documentation. c. Provide a hearing officer to conduct a formal public hearing as necessary. d. File with the Federal Highway Administration applications for exceptions to AASHTO Standards when appropriate. e. If requested by the Sponsor, assist in negotiations with public carriers and utilities for agreements on behalf of the Sponsor. f. Review the consultant plans, estimates, reports and environmental studies, and issue notice of approval to the Sponsor- and the engineer following the Concept, Preliminary and Final Design Reviews and the Design Study Report. g. Print and assemble plans, special provisions, specifications and contracts. h. Advertise for bids and let the construction contract. Prior to construction, the parties will enter into a separate agreement covering responsibilities of the parties relating to construction. 2. Within sixty (60) days of receipt of appropriate documentation from the Sponsor showing expenditure of funds for project development, reimburse the Sponsor at the approved Federal -aid rate for eligible expenses. 3. Bill the Sponsor for costs incurred by the State under this Agreement for project development, if those costs exceed the amount set out in Section III, Paragraph 1. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 4 4. Bill the Sponsor for any federal funds to be repaid by the Sponsor if the project is terminated prior to completion, and the Sponsor has been reimbursed with federal funds for construction. SECTION III. That the Sponsor shall: 1. Pay to the State, before the State begins the incidental services referred to in Section II, Paragraph 1, the sum of FIVE THOUSAND DOLLARS ($5,000), estimated to be the total expense to the State. In addition, pay to the State the cost of all incidental services provided by the State upon receipt of the billing provided for in Section II, Para. 3. 2. Funds owed by the Sponsor shall be remitted to the State through the ITD payment portal at: https://apps.itd.idaho.gov/Pa_VITD. 3. Sponsor warrants that it will repay any federal reimbursements on this project if the project is terminated prior to completion. 4. With the assistance of the State, hire a consultant for development of the project. S. Make timely payment of all consultant invoices throughout the design of the project. Periodically the Sponsor may submit allowable Consultant invoices and receipts to the State showing payment of same for credit towards the Sponsor's match on construction of the project. 6. Advertise for formal public hearing if required. 7. Coordinate the relocation of utilities within the right-of-way of the project. Federal -aid utility relocations will be processed in accordance with the applicable provisions of 23 CFR and the Sponsor's utility policies and procedures. 8. Acquire all rights-of-way and easements needed -to provide for construction and maintenance of the project. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 5 ' � r 9. Before advertisement for bids, provide a certification that all rights-of-way, easements, permits, materials sources and agreements necessary for the construction of the project have been acquired in accordance with the provisions of this Section. Provide a value of any right-of-way donations obtained, which may be credited as a matching share. 10. Evaluate the impact the project might have on the quality of the human environment and prepare and furnish to the State an environmental evaluation, that includes cultural resources, and any other documentation required by the National Environmental Policy Act. 11. At all required public hearings, furnish all necessary exhibits and provide for a representative of the Sponsor to describe the project; present information about the location and design, including alternatives; discuss the economic, sociological, and environmental effects of the project; and answer all questions concerning the project. 12. Supply roadway summary sheets and such standard draw- ings as may be required to supplement the plans 13. Comply with Appendix A, Title 49 CFR, Part 21, attached hereto and made a part hereof. By this agreement Sponsor agrees to comply with and be bound to the Civil Rights provisions of Title VI of the Federal Code and to generally insert those provisions in all contracts that it enters into that are federally funded on this project. If property acquired for this project with Federal financial assistance is transferred, the recipient of the property will be subject to Appendix A if the property is used for the same purpose it was originally acquired or for another purpose involving similar services or benefits to the general public. Sponsor should contact the State prior to disposing of any property acquired under this agreement. 14. Maintain all project records, including source documentation for all expenditures and in-kind contributions, for a period of three (3) years from State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 6 the date of final acceptance. If any litigation, claim, negotiation, or audit has been started before expiration of the three-year period, the records shall be retained until completion of the action and resolution of all issues that arise from it. 15. Comply with all other applicable State and Federal regulations. EXECUTION This Agreement is executed for the State by its Engineering Services Division Administrator, and executed for the Sponsor by the Mayor, attested to by the City Clerk, with the imprinted Corporate Seal of the City of Meridian. IDAHO TRANSPORTATION DEPARTMENT APPROVED BY: Engineering Services Division Administrator RECOMMENDED BY: District Engineer ATTEST: City Clerk-------' joAH;: ayor s� SEAL (SEAL) m2 T �!Ihe TRF.A`•'',•. By regular/special meeting on A�� ��• ®I Reviewed by FS: DW 2-2-16 hm:13918 SLAPD.docx !kIAN State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 7 APPENDIX A Non -Discrimination Agreement for Local Public Agencies Title VI Program Organization and Staffing Pursuant to 23 CFR 200, the Sponsor has designated a Title VI Coordinator who is responsible for monitoring practices, procedures, policies, and documents for compliance with Title VI. This individual is the designated liaison for Title VI program activities and for coordinating compliance monitoring with the Idaho Transportation Department Equal Employment Opportunity Office. Assurances of Non -Discrimination 49 CFR Part 21.7 The Sponsor hereby gives assurances: 1. That no person shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity conducted by the Sponsor regardless of whether those programs and activities are Federally funded or not. The Federal -aid Highway Transportation Act of 1973 added sex to the list of prohibitive factors. Disability was added through Section 504 of the Rehabilitation Act of 1973. Age was subsequently added in 1975 under the Age Discrimination Act. Minority populations and low-income populations were added by Presidential Executive Order 12898. Limited English proficient persons was added by Presidential Executive Order 13166. 2. That it will promptly take any measures necessary to effectuate this agreement. 3. That each program, activity, and facility (i.e. lands change to roadways, park and ride lots etc.) as defined at 49 CFR 21.23(b) and (e), and the Civil Rights Restoration Act of 1987 will be (with regard to a program or activity) conducted, or will be (with regard to a facility) operated in compliance with the nondiscriminatory requirements imposed by, or pursuant to, this agreement. Further assurance is given that the Sponsor will comply with all requirements of Title H of the Americans with Disabilities Act of 1990 (ADA) and Section 504 of the Vocational Rehabilitation Act of 1973. Public agencies are required to have completed a self-evaluation of all their programs and services (including pedestrian facilities) by 1992. In addition, public agencies with 50 or more employees were required to develop an ADA Transition Plan describing in detail how corrections would be made. If corrections could not be made within one year (or 1993), the Plan was to include a detailed schedule of how corrections would be made (CFR 28 35.105 & 35.150). 4. That these assurances are given in consideration of and for the purpose of obtaining any and all Federal grants, loans, contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Sponsor by the Idaho Transportation Department (ITD) under the Federally -Funded Program and is binding on it, other recipients, sub -grantees, contractors, sub -contractors, transferees, successors in interest and other participants. 5. That the Sponsor shall insert the following notification in all solicitations for bids for work or material subject to the Regulations and made in connection with all Federally -Funded programs and, in adapted from all proposals for negotiated agreements: The (Sponsor), in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretaty, Part 21, Nondiscrimination in Federally -assisted programs of the Department of Transportation issuedpursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 1 advertisement, disadvantaged business enterprises as defined at 49 CFR Part 23 will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, national origin, sex, or disability in consideration for an award. 6. That the Sponsor shall insert the clauses of Attachment 1 of this Agreement in every contract subject to the Act and the Regulations. 7. That the Sponsor shall insert the clauses of Attachment 2 of this Agreement, as a covenant running with the land, in any deed from the United States effecting a transfer of real property, structures, or improvements thereon, or interest therein. 8. The Sponsor agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this agreement. Implementation Procedures This agreement shall serve as the Sponsor's Title VI plan pursuant to 23 CFR 200 and 49 CFR 21. For the purpose of this agreement, "Federal Assistance" shall include: 1. grants and loans of Federal funds, 2. the grant or donation of Federal property and interest in property, 3. the detail of Federal personnel, 4. the sale and lease of, and the permission to use (on other than a casual or transient basis), Federal property or any interest in such property without consideration or at a nominal consideration, or at a consideration which is reduced for the purpose of assisting the Sponsor, or in recognition of the public interest to be served by such sale or lease to the Sponsor, and 5. any Federal agreement, arrangement, or other contract which has as one of its purposes, the provision of assistance. The Sponsor shall: 1. Issue a policy statement, signed by the Sponsor's authorized representative, which expresses its commitment to the nondiscrimination provisions of Title VI. The policy statement shall be circulated throughout the Sponsor's organization and to the general public. Such information shall be published where appropriate in languages other than English. 2. Take affirmative action to correct any deficiencies found by ITD or the United States Department of Transportation (USDOT) within a reasonable time period, not to exceed 90 days, in order to implement Title VI compliance in accordance with this agreement. The Sponsor's authorized representative shall be held responsible for implementing Title VI requirements. 3. Designate a Title VI Coordinator who has a responsible position in the organization and easy access to the Sponsor's authorized representative. The Title VI Coordinator shall be responsible for initiating and monitoring Title VI activities and preparing required reports. 4. Adequately implement the civil rights requirements. 5. Process complaints of discrimination consistent with the provisions contained in this agreement. Investigations shall be conducted by civil rights personnel trained in discrimination complaint investigation. Identify each complainant by race, color, national origin, sex, or disability; the nature of the complaint; the date the complaint was filed; the date the investigation was completed; the disposition; the date of the disposition; and other pertinent information. A copy of the complaint, together with a copy of State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 2 the Sponsor's report of investigation, will be forwarded to ITD's EEO Office — External Programs within 10 days of the date the complaint was received by the Sponsor. 6. Collect statistical data (race and sex) of participants in, and beneficiaries of the Transportation programs and activities conducted by the Sponsor. 7. Conduct Title VI reviews of the Sponsor and sub -recipient contractor/consultant program areas and activities. Revise where applicable, policies, procedures and directives to include Title VI requirements. 8. Attend training programs on Title VI and related statutes conducted by ITD's EEO Office. 9. Participate in an annual review of the Sponsor's Title VI Program, the purpose of which is to determine to what extent the Sponsor has complied with Title VI requirements including the ADA. This review is conducted one year from the date of approval of the Non -Discrimination Agreement and then annually on the same date. The format for the Title VI review will be provided each year to the Sponsor for completion. A determination of compliance will be made by ITD's EEO Office based on the information supplied in the review. This review of the Sponsor's Title VI Program may also include an on-site review in order to determine compliance. Discrimination Complaint Procedure Any person who believes that he or she, individually, as a member of any specific class, or in connection with any disadvantaged business enterprise, has been subjected to discrimination prohibited by Title VI of the Civil Rights Act of 1964, the American with Disabilities Act of 1990, Section 504 of the Vocational Rehabilitation Act of 1973 and the Civil Rights Restoration Act of 1987, as amended, may file a complaint with the Sponsor. A complaint may also be filed by a representative on behalf of such a person. All complaints will be referred to the Sponsor's Title VI Coordinator for review and action. In order to have the complaint consideration under this procedure, the complainant must file the complaint no later than 180 days after: a) The date of alleged act of discrimination; or b) Where there has been a continuing course of conduct, the date on which that conduct was discontinued. In either case, the Sponsor or his/her designee may extend the time for filing or waive the time limit in the interest of justice, specifying in writing the reason for so doing. Complaints shall be in writing and shall be signed by the complainant and/or the complainant's representative. Complaints shall set forth as fully as possible the facts and circumstances surrounding the claimed discrimination. In the event that a person makes a verbal complaint of discrimination to an officer or employee of the Sponsor, the person shall be interviewed by the Title VI Coordinator. If necessary, the Title VI Coordinator will assist the person in reducing the complaint to writing and submit the written version of the complaint to the person for signature. The complaint shall then be handled according to the Sponsor's investigative procedures. Within 10 days, the Title VI Coordinator will acknowledge receipt of the allegation, inform the complainant of action taken or proposed action to process the allegation, and advise the complainant of other avenues of redress available, such as ITD and USDOT. The Sponsor will advise ITD within 10 days of receipt of the allegations. Generally, the following information will be included in every notification to ITD: State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 3 r a) Name, address, and phone number of the complainant. b) Name(s) and address(es) of alleged discriminating official(s). C) Basis of complaint (i.e., race, color, national origin or sex) d) Date of alleged discriminatory act(s). e) Date of complaint received by the Sponsor. f) A statement of the complaint. g) Other agencies (state, local or Federal) where the complaint has been filed. h) An explanation of the actions the Sponsor has taken or proposed to resolve the issue raised in the complaint. Within 60 days, the Title VI Coordinator will conduct an investigation of the allegation and based on the information obtained, will render a recommendation for action in a report of findings to the Sponsor's authorized representative. The complaint should be resolved by informal means whenever possible. Such informal attempts and their results will be summarized in the report of findings. Within 90 days of receipt of the complaint, the Sponsor's authorized representative will notify the complainant in writing of the final decision reached, including the proposed disposition of the matter. The notification will advise the complainant of his/her appeal rights with ITD, or USDOT, if they are dissatisfied with the final decision rendered by the Sponsor. The Title VI Coordinator will also provide ITD with a copy of this decision and summary of findings upon completion of the investigation. Contacts for the different Title VI administrative jurisdictions are as follows: Idaho Transportation Department Equal Employment Opportunity Office — External Programs EEO Manager PO Box 7129 Boise, ID 83707-1129 208-334-8852 Federal Highway Administration Idaho Division Office 3050 Lakeharbor Lane, Suite 126 Boise, ID 83703 208-334-9180 Sanctions In the event the Sponsor fails or refuses to comply with the terms of this agreement, the ITD may take any or all of the following actions: 1. Cancel, terminate, or suspend this agreement in whole or in part; 2. Refrain from extending any further assistance to the Sponsor under the program from which the failure or refusal occurred until satisfactory assurance of future compliance has been received from the Sponsor. 3. Take such other action that may be deemed appropriate under the circumstances, until compliance or remedial action has been accomplished by the Sponsor; 4. Refer the case to the Department of Justice for appropriate legal proceedings. Distribution: EEO Office Appendix A revised: 03-09, 08-10 State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 4 Attachment I This Attachment is to be inserted in every contract subject to Title VI of the Civil Rights Act of 1964 and associated Regulations. During the performance of this contract, the contractor/consultant, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor") agrees as follows: 1. Compliance with Regulations The contractor shall comply with the Regulations relative to non-discrimination in federally assisted programs of United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Non-discrimination The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub -contractors, including procurement of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Sub -contracts, Including Procurement of Materials and Equipment In all solicitations either by competitive bidding or negotiations made by the contractor for work to be performed under a sub -contract, including procurement of materials or leases of equipment, each potential sub -contractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to non- discrimination on the grounds of race, color, sex, or national origin. 4. Information and Reports The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the contracting agency or the appropriate federal agency to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to ITD or the USDOT as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions for Non-compliance In the event of the contractor's non-compliance with the non-discrimination provisions of this contract, the contracting agency shall impose such contract sanctions as it or the USDOT may determine to be appropriate, including, but not limited to: • Withholding of payments to the contractor under the contract until the contractor complies, and/or; • Cancellation, termination, or suspension of the contract, in whole or in part Incorporation of Provisions The contractor shall include the provisions of paragraphs (1) through (5) in every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any sub -contractor or procurement as the contracting agency or USDOT may direct as a means of enforcing such provisions including sanctions for non-compliance. Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a sub- contractor or supplier as a result of such direction, the contractor may request ITD enter into such litigation to protect the interests of the state and, in addition, the contractor may request the USDOT enter into such litigation to protect the interests of the United States. State/Local Agreement (PD) Rail with Trail Pathway, Meridian Key No. 13918 Page 5 r, i, 't Attachment 2 The following clauses shall be included in any and all deeds affecting or recording the transfer of real property, structures or improvements thereon, or interest therein from the United States. GRANTING CLAUSE NOW THEREFORE, Department of Transportation, as authorized by law, and upon the condition that the state of Idaho will accept title to the lands and maintain the project constructed thereon, in accordance with Title 23, United States Code, the Regulations for the Administration of Federal Aid for Highways and the policies and procedures prescribed by the United States Department of Transportation and, also in accordance with and in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in federally assisted programs of the Department of Transportation ITD (hereinafter referred to as the Regulations) pertaining to and effectuating the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252: 42 USC 2000d to 2000d - 4) does hereby remise, release, quitclaim, and convey unto the state of Idaho all the right, title, and interest of the Department of Transportation in and to said land described in Exhibit A attached hereto and made a part thereof. HABENDUM CLAUSE TO HAVE AND TO HOLD said lands and interests therein unto the state of Idaho, and its successors forever, subject, however, to the covenants, conditions, restrictions and reservations herein contained as follows, which will remain in effect for the period during which the real property or structures are used for a purpose for which the federal financial assistance is extended or for another purpose involving the provisions of similar services or benefits and shall be binding on the state of Idaho, its successors, and assigns. The state of Idaho, in consideration of the conveyance of said lands and interests in lands, does hereby covenant and agree as a covenant running with the land for itself, its successors and assigns, that (1) no person shall on the grounds of race, color, sex or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subject to discrimination with regard to any facility located wholly or in part on, over, or under such lands hereby conveyed (,)(and)* (2) that the state of Idaho, shall use the lands and interests in lands so conveyed, in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, part 21, Non-discrimination of federally assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended (,) and (3) that in the event of breach of any of the above mentioned non-discrimination conditions, the department shall have a right to reenter said lands and facilities on said land, and the above described land and facilities shall thereon revert to and vest in and become the absolute property of the Department of Transportation and its assigns as such interest existed prior to this instruction. r Reverter Clause and related language to be used only when it is determined that such a clause is necessary in order to effectuate the purpose of Title VI of the Civil Rights Act of 1964. Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 10B PROJECT NUMBER: ITEM TITLE: Community Development Department Community Development Department, Building Services Division Report: Repeal of Height Restriction for Detached Accessory Structures (Sheds 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: May 24, 2016 ITEM NUMBER: 11 A PROJECT NUMBER: ITEM TITLE: Ordinance A. Ordinance No. I kO -t(400 : Repealing Meridian City Code Section 10-1-3(G), Height Limits on Detached Accessory Structures 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 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 10-1-3(G), REGARDING DETACHED ACCESSORY STRUCTURES; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, item 1 of the "Building" subsection of International Residential Code (IRC) section R105.2 exempts from permitting requirements "One-story detached accessory structures used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 200 square feet"; and WHEREAS, the City of Meridian had previously adopted a local amendment to this IRC provision that requires that accessory structures must be both less than two hundred (200) square feet in floor area and eight feet (8') or less in height in order to be exempt from permitting; and WHEREAS, the height restriction has become outdated by changes in standard heights of pre- fabricated accessory structures; and WHEREAS, IRC section R105.2 adequately protects the public health, safety, and welfare, without reference to height and without further local amendment; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 10-1-3(G) is hereby repealed. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May '2016. APPROVED by the Mayor of the City of Meridian, Idaho, May ' , 2016. APPROVED: - Cay w E IMAM - Tammy d erd, Mayor IDAHO SEAL P� Ofthe TREASkr REPEALING LOCAL AMENDMENT OF IRC SECTION R105.2 ATTEST: Jacylones, Ci PAGE 1 OF 21 Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: Ordinance Ordinance No. t la _ I � q a : An Ordinance (Swindell Subdivision RZ-15-01 1; AZ -15-010) For Annexation And Rezone Of Parcels Of Land Located In The Southeast'/4 Of Section 18, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, As Described In Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut And C -G (General Commercial) To C -C (General Retail And Service C-'nmmi-mink nidrir,f In ThP MArirlirin C'ifv <'nrlP /* P My\e-0( 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 2016-045073 BOISE IDAHO Pgs=9 CHE FOWLER 05/25/2016 01:00 PM MERIDIAN CITY NO FEE II I II I I II IIIII 11111111111111111111111 1111111 1111111 00229074201600450730090097 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (SWINDELL SUBDIVISION RZ-15-011; AZ -15-010) FOR ANNEXATION AND REZONE OF PARCELS OF LAND LOCATED IN THE SOUTHEAST i/4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT AND C -G (GENERAL COMMERCIAL) TO C -C (GENERAL RETAIL AND SERVICE COMMERCIAL) 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" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Volante Investments, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT and C -G to C -C (General Retail and Service Commercial) 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 to annex and 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 annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area traps 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. ANNEXATION — SWINDELL SUBDIVISION RZ-15-011; AZ 15-010 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 ° day of 0 01.A , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this t day of , 2016. ATTEST: JACY-JONES, CITY EL),4L-,,klAYO 01V , 1 ` Cif of �-�►�L E jpjAN W ioANo \� SEAL t) de WEERD ANNEXATION — SWINDELL SUBDIVISION RZ-15-011; AZ 15-010 Page 2 of 3 STATE OF IDAHO, ) ) SS: County of Ada ) On this day of 4 , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, 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) i ®;gym 13 1+ ®o•0 1 l��e♦i •®game®• MALLIA'cA --Wa NOTARY PUBLIFOR IDAHO RESIDING AT: TD MY COMMISSION EXPIRES: —?—,3 9, (<� ANNEXATION — SWINDRLL SUBDIVISION RZ-15-011; AZ 15-010 Page 3 of 3 EXHIBIT A Rezone & Annexation and Zoning Legal Descriptions P.N. 2436 WAITE lao5meying' 1(C 315 E. Pat)5Wn PHyc 8c)i5e, IP 83710 208194.6622Tele. ANNEXATION DP SCIZIPTION July, 6, 2015 A parcel of land located in the Southeast 1/4 of Section 18, T.3N., R. I E., B.M., Ada County, Idaho, and being mote particularly described as I*V)ll()wS: Commencing at the Southeast corner ofsaid Section 18, from which the South 1/4 corner of said Section bears S 89'44'18"' W, 2649,09 feet, thence S 99'44'18" W along the South boundary of said Section IS and the centerline, of E. Overland Rd., fora distance of 420.31 feet, to the REAL POINT OF BEGINNING; thence continuing S 89'44'1 S" W along the Smith boundary of said Section 18 and the centerline of L Overland IW., for a distance of'201 62,11cet; thence leaving said boundary sand centerline N 29"02'44" W for a distance of 639.50 feet to the Northeast corner of Pick It Up Subdivision as filed in Book 84 at Page 9360, Ada Comity I�ecords-, thence N 68"22'27"'W along the Northerly boundary of said subdivision for a distance of 368,85 feet; thence leaving said Northerly boundary N 00'27'30" E for a distance of 297.86 feet to the South boundary of the NI/2 of the NI/2 of the SM/4 of tile SEI/4 of'said Section 18, thence N 89143'12" Ealong said Sooth boundary for a distance ol'870.99 feec, thence S 00'4342" F fora distance of 237.09 legit; thence S 32°23' 17" E' fora, distance cal' 310,78 flect, thence S 42'19'48" E fora distance of 166,47 feet; thence 89'28'20" E fora distance of 123.78 feet to a point on List boundary line of said Section Is; thence S 00031,53" W along said East boundary line fora distance of 106,55 feet-, Swindell Subdivision RZ-15-001; AZ 15-010 EXHIBIT A thence Icaving said boundary line S 89"44'18" W for a distance of 42196 feet; thence 00115'42" E for a distance cif 264.00 feet to tl)c REAL, POINT OF BEGINNINO; containing 15,07 acres ofland, more or less. Prepared by: Todd R. Waite P.L..S. Swindell Subdivision RZ-15-001; AZ 15-010 EXHIBIT A ITE la n4 SuNeying, 11C s15 [, [)1m . 0) [)owi, (1) 8W16 208,796,66221 1-elc. P.N. 2436 July 15, 2015 M? ZONE CG TO C(" ZONE FOR PROPOSED SWINDELL SUBDIVISION A parcel of land located in the, Southeast 114 of Section 18, UN., RAE., BA4., Ada County, Idaho, and being more particularly described as follows: Commencing at then Southeast corner of said Sectioti 18, thence N 00'31'53" E" along the East boundary of said Section 18 and the centerline ot's. LOCLISt Grove Rd., for a distance of 370.58 feet to the REAL POINT OF BEGINNING; thence N 89'28'20" W For a distance of 123.78 flet; thence N 4211948" W fora distance of 166,47 fbct; thence N 32"23'17" W for a distance of 9.92 fbet; tb nce N 88'4929" F for a distance of 242.52 feet to a point on the centerline of S, Locust Grove Road; thence S 00'31'53" W alojig said centerline fora distance of 137.57 feet to the REAL POINT {7F BEGINNING; containing 0,57 acres of land, niore or less. Prepared by: Todd 12. Waite P.L.S. Swindell Subdivision RZ- 15-00 1; AZ 15-010 EXHIBIT A WAITE lan4 %weyinq, 11c M5 [-., Riv)skin (,give:, boke, IP 83716 20q,-194,6622 Tele, PX 2436 July 15, 2015 REZONE CG TO CC ZONE #2 Poll PROPOSEDSWINDELL SUBDIVISION A parcel ofland located in the Southeast 1/4 of Section 18, T3N, R. I E, B,M., Ada County, Idaho, anti being more particularly described FIs follows: comjjj(--,jjc,ingat the Southeast corner of said Section 18, thence N 00'3 1'53" Ealotig the East boundary of mid Section '18 and the centerline. of S. Locust Grove Rd., fora distance of 997.01 feet to the REAL POINT OF BEGINNING; thence S 89113727" W for a distance of 411.18 feet; thetice, S 89143'12" W for a. distance of 870.99 feet; thence N 00'27'30" E for a distance of 181,13 feet to the centerline of Interstate 84, thence S 89'34'11 " Rialong, said centerline fora distance of 1282.26 feet, to a poitit oil the centerline of S. Locust Grovc, Road; thence S 00'31'53" W along said centedine'ror as distance of 164.55 feet to the REAL POINT OF BEGINNING, containing 5.09 acres of land, more or less. �t Prepared by: TP Todd R. Waite .L3, ' 03� Pzr Av Swindell Subdivision RZ-15-001; AZ 15-010 EXHIBIT B Rezone & Annexation and Zoning Exhibit Maps D/Of lT tP R�k�Y]iN y1l K.a RLY+M4 Loa, 1100 01t:"AD RA "" ,�, trut+.rtrc wRatrr 14 creta GRE CENTER is s e9++'in_w _Sti S89.44' f3 iyl2®d _... t 89'i118 c xa�9.o9 0A & O V E R L A N D R 0. 201.1 25 1ao 400 REAL POINT - 4F BEGINNING 0 50 200 800 SCALE: 1" = 200' THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE LAND SURVEYING, LLC. S89'44'1 8'W 423.96' w y o r_ 9 89'41'f8' W � 1fa.Jl' 18 f7 ij— trl zo CITY OF MERIDIAN ANNEXATION EXHIBIT land surveying !1c 315 East Din5kin Drive, Boise, ID 031I6 208,794.6622 Tf+2r 1 NTER S TATE d# .. ___� _ _ '— "---•---�--_ _ ,_ _..�_.�__ __._ ._— to 7> p, p v n A c n u N7 r N89'43'12'E $70.99' ° S TORNW A 7rIt PnNn Sr TE _._. em as :ru y O W P � � W Oto 0ZR rr C3 N mUN PLA II r Z ' N36�2 �0 t '� si�ns`P c }4i rh )11! 15.07 ACRES D/Of lT tP R�k�Y]iN y1l K.a RLY+M4 Loa, 1100 01t:"AD RA "" ,�, trut+.rtrc wRatrr 14 creta GRE CENTER is s e9++'in_w _Sti S89.44' f3 iyl2®d _... t 89'i118 c xa�9.o9 0A & O V E R L A N D R 0. 201.1 25 1ao 400 REAL POINT - 4F BEGINNING 0 50 200 800 SCALE: 1" = 200' THESE DRAWINGS, OR ANY PORTION THEREOF, SHALL NOT BE USED ON ANY PROJECT OR EXTENSIONS OF THIS PROJECT EXCEPT BY AGREEMENT IN WRITING WITH WAITE LAND SURVEYING, LLC. S89'44'1 8'W 423.96' w y o r_ 9 89'41'f8' W � 1fa.Jl' 18 f7 ij— trl zo CITY OF MERIDIAN ANNEXATION EXHIBIT land surveying !1c 315 East Din5kin Drive, Boise, ID 031I6 208,794.6622 Tf+2r EXHIBIT B S89'34'11'E 17 Isui 1282,26' to M I N TE R S TA r£ 8 4 in gREZONE CO TO CC ZONE to Z 5.09 ACRES S89'43'12"W 870.99' S89'37'27'W 411.18' REAL POINT in m OF BEGINNING #2 w UNPLArr£D p 0 fvsmia Co IoW£ Z z/ 0 N m N32'23'17"W N88'49'29"E —REZONE 9.92' 242.82 41 r CG TO CC SOO'31'53"W '?y .0.57 AC. REAL POINT OF BEGINNING N89'28'20"W- 123.78' 7K7.,i } z3 41 a ••. 3/.07 -- `. 1" = 200' a 9 i C $. C/1. E OVFRLANA RG TM. Pie. 'A A OF %, � d n� 5 eyin 11c CITY OF MERIDIAN ZONING EXHIBIT _15 r_, 0;pmkin Pry e, Heise, ID 83716 REZONE FROM CG TO ZONE CC e 208,794.6622lde. PROPOSED SWINDELL SUBDIVISION Meridian City Council Meeting DATE: Mav 24, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Ordinance 11C Ordinance No. tU _t 0c(3 : An Ordinance of the Mayor and City Council of the City of Meridian Amending Meridian City Code as Codified at Title 8, Section 6, Entitled the Public Works Construction Standards, Adding the City of Meridian Public Works Design Standards; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. 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 - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING MERIDIAN CITY CODE AS CODIFIED AT TITLE 8, SECTION 6 ENTITLED THE PUBLIC WORKS CONSTRUCTION STANDARDS, OF THE MERIDIAN CITY CODE ADDING CITY OF MERIDIAN PUBLIC WORKS DESIGN STANDARDS; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian has existing construction standards and specifications for public works construction; and, WHEREAS, the City of Meridian also wants to create design standards and specification for public works construction as well; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code Section 8-6-1 of the Meridian City Code, be amended in part as follows: 8-6-1: CITY OF MERIDIAN SUPPLEMENTAL SPECIFICATIONS AND DRAWINGS AND CITY OF MERIDIAN DESIGN STANDARDS ADOPTED STANDARD SPECIFICATIONS AND DRAWINGS ADOPTED: The City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction and the City of Meridian Design Standards for public works construction, written prepared and compiled by the Public Works Department of the City, entitled "The City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Warks Construction" and "City of Meridian Public Works Design Standards" are hereby adopted. T4ie standard speeffieations and dfawings fef publie wofks eonstr- on and/of installation-, —a—ed of Mer dia-n Staj}card-Speeifieatins AnDrawing.", --. Said standard specifications and drawings, thi-e) copies of which shall be on file at all timesin the office of the city clerk and the public works department, and shall be made a part of this chapter as if set out in length herein. The design standards maybe amended periodically by resolution of the City Council. Section 2. That this ordinance shall be effective immediately upon its passage and publication. MAY 2016 ORDINANCE AMENDING MCC 8-6-1 ADDING PUBLIC WORKS DESIGN STANDARDS PAGE 1 OF 2 PASSED by the City Council of the City of Meridian, Idaho, this � day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this � q day of May, 2016. APPROVED: ATTEST: MAY 2016 ORDINANCE AMENDING MCC 8-6-1 ADDING PUBLIC WORKS DESIGN STANDARDS PAGE 2 of 2 Meridian City Council Meeting DATE: May 24, 2016 ITEM NUMBER: 11 D PROJECT NUMBER: ITEM TITLE: Resolution No. Resolution No. � �Q -11 : A Resolution of the Mayor and City Council of the City of Meridian Adopting Public Works Design Standards for the City of Meridian; and Providing an Effective Date. 4f 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 CITY OF MERIDIAN RESOLUTION NO. 16- — 114 H BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN ADOPTING PUBLIC WORKS DESIGN STANDARDS FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority to provide the development community in the City of Meridian with information, process and standards for design of City infrastructure for both public and private development within the city limits; and WHEREAS, on May 17, 2016 the Public Works Design Standards were presented to the Mayor and City Council WHEREAS, the purpose of the Public Works Design Standards is to provide guidance in order to maintain standards and best practices in accordance with the City of Meridian's ordinances, policies, practices, specifications and standards. WHEREAS, the City Council may adopt policies and standards and incorporate changes as needed; and NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the Public Works Design Standards be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That the Public Works Design Standards shall be effective Mays 31, 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this day of May, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2016. de Weerd ATTEST: z ci►v Or B IDu 0 By: ....SEAL Jacy Jones, City-Cfeik_ __ RESOLUTION ADOPTING PUBLIC WORKS DESIGN STANDARDS FOR THE CITY OF MERIDIAN - May, 2016