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HomeMy WebLinkAbout2016-06-14E IDIAN � CITY COUNCIL WORKSHOP MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, June 14, 2016 at 3:00 PM 1. Roll -Call Attendance X Anne Little Roberts O Joe Borton _X Ty Palmer X Keith Bird O Genesis Milam X Luke Cavener via phone X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda A. Findings of Fact, Conclusions of Law for Granton Square Subdivision No. 2 (H-2016-0034) by Granton Square Properties, LLC Located 1714 E. Challis Street B. Findings of Fact, Conclusions of Law for Howry Lane Subdivision (H-2016- 0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane C. Final Order for Approval for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory Road D. Findings of Fact, Conclusions of Law 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 E. Development Agreement for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. F. First Addendum to Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps Meridian City Council Meeting Agenda Tuesday, June 14, 2016 — Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Deb Pence H. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Dwight Williams Professional Service Agreement for Artwork for Traffic Box Community Art Project - Barbara Williams J. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Morgan McCullough c/o Kelly McCullough K. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Roza German c/o Yelena German L. Water Main Easement between the City of Meridian and Creekstone Meridian, LLC within Creekstone Subdivision 5. Items Moved From the Consent Agenda 6. Action Items 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. A. Amended to 6A2: Public hearing to consider the Urban Renewal Plan for the Ten Mile Road Urban Renewal Project of the Meridian Development Corporation Continued to June 21, 2016 7. Ordinances A. Second Reading of Ordinance No. 16-1695: An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date Amended to 6A1 B. Ordinance No. Proposed # 16-1696: An Ordinance (H-2016-0019 — Whiteacre Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE '/4 Of The NE '/a Of Section 36, Township 4 North, Range Meridian City Council Meeting Agenda Tuesday, June 14, 2016 — Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 1 West, Boise Meridian; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential) District In The Meridian City Code Approved 8. Future Meeting Topics None Adjourned at 3:36 PM Meridian City Council Meeting Agenda Tuesday, June 14, 2016 — Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop June 14, 2016 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, June 14, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Ty Palmer, Anne Little Roberts and Luke Cavener (Telephone). Members Absent: Joe Borton and Genesis Milam. Others Present: Bill Nary, Jacy Jones, Bruce Chatterton, Warren Stewart, Jeff Lavey, Perry Palmer, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts _ _ Joe Borton X__ Ty Palmer X_ Keith Bird _____ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome all of you to our City Council meeting. For the record it is Tuesday, June 14th. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. And Councilman Cavener is joining us via the telephone, so if you don't see him up here, he really is present. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On Item 7-A this will be sent up to Item 6-A-1 and the proposed budget on Item 7-B -- or ordinance is 16-1696. With that I move we approve the amended agenda. Little Roberts: Second. Meridian City Council Workshop June 14, 2016 Page 2 of 15 De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes? All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 4: Consent Agenda A. Findings of Fact, Conclusions of Law for Granton Square Subdivision No. 2 (H-2016-0034) by Granton Square Properties, LLC Located 1714 E. Challis Street B. Findings of Fact, Conclusions of Law for Howry Lane Subdivision (H-2016-0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane C. Final Order for Approval for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory Road D. Findings of Fact, Conclusions of Law 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 E. Development Agreement for Whiteacre Subdivision (H- 2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. F. First Addendum to Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps G. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Deb Pence H. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Dwight Williams I. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Barbara Williams J. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Morgan McCullough c/o Kelly McCullough Meridian City Council Workshop June 14, 2016 Page 3 of 15 K. Professional Service Agreement for Artwork for Traffic Box Community Art Project - Roza German c/o Yelena German L. Water Main Easement between the City of Meridian and Creekstone Meridian, LLC within Creekstone Subdivision De Weerd: Thank you. Item 4 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Little Roberts: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, absent; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Action Items 1-A. Second Reading of Ordinance No. 16-1695: An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date. De Weerd: So, we will move to Item 6-1-A and that's the second reading of Ordinance 16-1695. Meridian City Council Workshop June 14, 2016 Page 4 of 15 Jones: Luke? Cavener: Yes. Jones: Do you have the ability to mute your phone when you are not speaking? We are picking up lot of background noise. Cavener: I can do that. Jones: Sorry. Cavener: Not a problem. Thanks. I will do it right now. Jones: Thank you. De Weerd: Thank you. Jones: Thank you, Madam Mayor. Ordinance No. 16-1695, an ordinance of the City Council of the City of Meridian approving the urban renewal plan for the Ten Mile Road Urban Renewal Project, which plan includes revenue allocation financing provisions, authorizing the City Clerk to transmit a copy of this ordinance and other required information to the county that affect the taxing entities and state officials, approving the summary of the ordinance and providing an effect date. De Weerd: Thank you. You have heard the second reading. We will have the third reading next week. 2-A. Public hearing to consider the Urban Renewal Plan for the Ten Mile Road Urban Renewal Project of the Meridian Development Corporation De Weerd: Our next item is 6-A-2, a public hearing to consider the urban renewal plan for the Ten Mile Urban Renewal District and I'll turn this over to Bruce. I was going to send -- or turn it over the Warren, but -- Chatterton: Madam Mayor, Council Members, I think Warren is chomping at the bit to -- De Weerd: I could tell that. Chatterton: Every time we use the word infrastructure, which will be quite a bit during this presentation, his ears will perk up as the city engineer. Very happy to be here. I'm not -- this is going to be the briefest of introductions and Phil has promised to keep his presentation very brief as well. We know that Council Member Cavener is on the phone and has significant hard stops, so we will be Meridian City Council Workshop June 14, 2016 Page 5 of 15 respectful of that. We want to have primarily the time that's available to us to chew up discussion, question and answers. We also have several of the affected property owners in the room, who also may wish to participate in this public hearing. Before I let Phil take you through this briefly, I don't want to go through the history, but I think just underscoring what to me, in my profession, my roll here with the city is a very important thing. We have a Community Development Department, but ninety percent of what we do is reactive to the things that come our way. It's regulatory. It's the application process. This effort, a new urban renewal district for the city, is an opportunity to be proactive. It's an opportunity to create of fabric, a district, if you will, of the city, not just an urban renewal district, which advances a lot of things that we have been working for years, at least since 2007 for this area of the city. And it's an opportunity to -- to have one or more employment centers with all that entails in terms of family wage jobs, spin off development -- we could talk a lot about that. That's my personal and professional interest in this. Very, very excited to be at this -- at this watershed development here, for this opportunity. Do we want to take the opportunity is really the question before you all. So, I'm going to let Phil Kushlan do a brief presentation and, then, we will move on with the public hearing. De Weerd: Thank you, Bruce. Welcome, Phil. If you will, please, state your name and address for the record. Kushlan: Thank you, Your Honor. My name is Phil Kushlan and the address is Post Office 8463, Boise. 83707. Your Honor and Council Members, as Bruce indicated, I will be brief, understanding the time constraints that you have. But we will walk you through briefly where we have been and kind of where we are and, then, be happy to turn this over -- the proceedings for your question or comments from the audience. We are going to talk a little bit about the history, the process we have been through and, then, where we are now. As Bruce indicated, early on the agency was created, the urban renewal agency back in 2002 by the city. Another issue that led to our conversations was the establishment of the Ten Mile Interchange Specific Area Plan that was adopted by the city in '07 and, then, in 2015 the city, in collaboration with the MDC, initiated the process to consider an urban renewal district for the area. You know, why are we doing this? I think one of the issues that is important is looking at this area as an opportunity to create family wage jobs that may be a unique opportunity in the community that the city chose for themselves when they adopted the specific area plan. It requires probably a higher level of development and other similar situated areas. It integrates a variety, a vibrant mix of commercial and residential uses and basically it provides for above average level of community amenities. Implementation of the -- of this goal, the level of development requires incentives from private investment. The only mechanism that exists in the state of Idaho to provide these incentives is through the Urban Renewal Law and the Economic Development Act. Chapter 29, Title 50 of Idaho Code specifically provides that these tools can be used for economic development. Often we think about urban renewal as being the classic slum and Meridian City Council Workshop June 14, 2016 Page 6 of 15 blight, but in 1988 when the revenue allocation statute was brought in it was specifically concentrating -- in fact, it is named the Economic Development Act. The process we have gone through, you have created the eligibility report, which was the first step that was approved by the MDC board in November. City Council considered that in February and in May the -- a formal plan was brought back and that was approved by MDC. You received it and sent it to P&Z. They looked at it and had a finding that it was, in fact, consistent with the Comprehensive Plan. Was sent to the affected taxing entities as required by statute for their comment and, again, where we are is that through this process we have gone through, we have determined that the urban renewal area as proposed meets the eligibility requirements in the statute, that the assessed value of the district combined with the base value of the downtown district is less than ten percent of the total valuation of the city, which is a maximum amount in law. I think you like get three percent, so you have got a long way between where you are and the maximum. The plan meets the requirements of state law. The plan is economically feasible as we have looked at the -- the economic aspects and the plan is consistent with the city's Comprehensive Plan. The agricultural property owners have consented to be included in the district. Those have all been received. Public notices have been published as required. The plan has been submitted to the taxing and implementation does require the revenue allocation aspect of the law as -- as provided in the ordinance. So, the purpose of this meeting is to conduct a hearing and receive input from the public. Consider those comments and other information that you have or need for decision making and, then, upon closing of the hearing the matter is before you at your discretion and you can act either now or at some other time you feel appropriate. So, with that I hope that wasn't too quick to summarize 120 pages, but be happy to answer the questions that you may have or after you have some comments from the public, respond at that time as well. So, I'm at your disposal. De Weerd: Thank you, Phil. Council, any questions at this time? Bird: I have none. De Weerd: Okay. Thank you. Kushlan: Okay. Thank you. De Weerd: This is a public hearing. I did have one person sign up on the sign- up sheet. Ryan Armbruster signed up for. Armbruster: Thank you, Mayor and Council. For the record, my name is Ryan Armbruster, I'm an attorney with the law firm of Elam & Burke, P.O. Box 1539, Boise, Idaho. 83701. Elam & Burke represents the interests of Treasure Valley Investments, who owns several of the parcels under consideration for the Ten Mile Road Urban Renewal Plan. We have worked with your MDC folks and with Phil and we are here in support of the plan and urge you to adopt the plan as Meridian City Council Workshop June 14, 2016 Page 7 of 15 presented to you today. We did submit a letter to the -- to the city that we hope is part of the public record. I would be happy to stand for any questions. But, again, we support the plan and hope that you adopt it as is. Thank you. De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony that did not sign on the sheet? Good afternoon. Turnbull: Madam Mayor, Members of the Council, David Turnbull, 12601 West Explorer Drive in Boise. Bruce, could you pull that up? I just wanted to just give a little bit of a background. We were approached over a year ago by the city wondering what -- wondering if an urban renewal to the mechanism would help stimulate the growth and enhance the quality of the type of development we could do in this Ten Mile Area Specific Plan and that was something that really was meaningful to us, because as you may know, we have owned this property for ten years, we have been struggling with that, what do we do, you know, what's going to make sense, how can we developed this most effectively and there are a number of challenges in that area. The graphs you see here on your site represents three different property owners. Overlaying that is a road of connective -- a network of connective roads that on its own as individual development entities or property owners is virtually -- or I wouldn't say impossible, just very difficult to make this happen and that overlay plan is the key to making this whole area become active and come alive and the urban renewal tool is about the only tool that we have in this county that can make that happen. So, where we invest those dollars, but, then, we are able to -- be able to get a return on that, so that's probably the biggest key. And, then, as we went through this discussion over the last years and we got excited about the idea that we can actually get in there and afford to make some of these investments, what should the nature of that be, because we have looked at everything from a retail center on our properties to employment centers and, you know, the easy route would have been just to deal with some of the big box retailers and get in and get out and -- but that's never been I think the vision for the city and it's never been the one that we favor doing, so as we had this tool being proposed by the city and it went through all of the processes of the MDC hearings and City Council hearings and anticipating this was going to come to pass, we went to work and we have been working diligently on this for the last year, probably most heavily in the last six months, to come up with a first class employment center on this property that fronts on the interchange, which is I think one of the visions that the city expressed to us from the very beginning going back to 2007. So, if you would go to the next slide, Bruce. This is some of the working concepts that we have for the project now. Our -- I don't know how to point with this, Bruce. So, that -- if you just take your cursor down a little lower. Up until about two months ago I was anticipating -- our company is kind of bursting at the seams in our current office space now and we were looking at doing a major remodel on our existing building, but I got excited about this project and figured we needed to be here on site. So, we have designed this four story office building that would be located right on the freeway off-ramp there. We think it would be a highly visible, highly Meridian City Council Workshop June 14, 2016 Page 8 of 15 desirable project. So, this is the kind of thing that we are able to do now. The cheapest route for us to do is, obviously, to just do a remodel in an existing building, but if you would go to the next couple of slides it will give you a little more emphasis on the character and these are just early schematics, but we are hoping to be under construction on this headquarters building for us sometime in August and, then, there is one more slide, Bruce, if you could advance to that. That's just a different view of it. And if we could -- yeah. This just gives you a little bit more of a character of what we are planning for that area. Typically when -- well, all of the developments that you see along Ten Mile Creek or some of the Eight Mile creeks, we tend to turn our back to those facilities and we tend to just close them off, fence them off and this is something we have been talking to you about for a long time, how can we improve and enhance that corridor, so just as late as last week I have expressed this to a couple of you, we have been meeting with a restauranteur of -- a well-known restauranteur here in town. They were planning on putting a restaurant on that creek, having patio dining and kind of activating that whole area as well. So, these are the kind of things that we are going to be able to do to step up the quality of the types of developments we are going to be able to do, because of this URD being in place. So, you know, the risk is on us. We are the ones that are proposing to make these investments. You know, we are excited to do that. We are willing to do that, but this is a tool that's really imperative to make this all happen and make this work. So, with that I guess our goal, too, in answer to some questions I have heard is we want to get in and get out of this as soon as possible, we want to create the tax base that can pay off the investment as quickly as possible and start creating jobs for this community and tax revenue for this community that will enhance the overall fabric of the City of Meridian. So, with that I will stand for any questions. Thank you. De Weerd: Thank you. Council, any questions? Okay. Turnbull: Thanks. De Weerd: Any further testimony? Okay. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I have just a few questions, then. Probably for Phil. I'm not sure who might want to tackle them. I had met with Mr. Turnbull and we discussed a lot about the project as anyone involved in it's probably very aware, I have been adamantly opposed to it since first hearing about it. But after meeting with Mr. Turnbull he answered a lot of the questions that were a lot of I don't knows or we don't know untils and we can't figure it out until we pass it, Pelosi kind of things, that were kind of driving me crazy, but Mr. Turnbull was able to answer a lot of those questions, made me feel a lot better about it, assuming we are able to put Meridian City Council Workshop June 14, 2016 Page 9 of 15 a couple of side bars that are my major concerns into -- into the ordinance before we approve it or into the contract later, however it would need to be, as long as they are assured that it will take place, one of them being, you know, the sunset, you know, it's really easy in the sales pitch to say we want to get in, get it down and get out, but I have no concerns about the property owners wanting that. My concern is us as government want to find a reason to keep whatever we might additionally employ for it in the job or any kind of a reason under the sun to keep an urban renewal district in existence and so I want to ensure that there is some way that when the second to the last dollar is paid back for the reimbursement of the infrastructure that the urban renewal district ceases to exist, that there is no way for us to continue it without recreating it. Is that built into the ordinance or how is that handled? Kushlan: Council Members, Council Member Palmer, the statute by definition creates that 20-year maximum life and so the study that we have done basically ran it out to its full term, assuming some fairly conservative estimates in terms of revenue production and cost. We believe that this is going to produce revenues in excess of what we talked about, so that will move that closure date forward. I think they -- the date that we have showed in the plan as it's written out is 16 years and I think that is still long. So, I think just the operation of it will shorten it up. The -- I assume that you could create a sunset in the adoption of the plan that is less than 20 years, if you choose to. that's a discretionary issue on the part of the City Council -- again, I'm giving legal advice without benefit of a bar license, but people know that I do that a lot anyway. But you can, in fact, limit this to something other than ten years. The risk associated with that, though, is if for some reason -- if there is another economic downturn or a recession, then, that limits the amount of money that can be available to reimburse the people who have actually made the investment. So, as a practical matter, given the way this thing is envisioned, the infrastructure will be fully improved through the plan that's there. We don't envision anything else to be required for investment out there, so we are not seeing anything else that can be provided, you can't take resources from the district here and spend it anywhere else. It would have to be spent here and the plan as we have put it together is specific -- fairly specific in terms of the infrastructure that is defined. So, if you were to do something else, then, that would have to come back to the City Council, the MDC for a formal plan amendment to do X, Y or Z. Can that be precluded from a future council doing that? Under the current arrangement the answer is no. Even if you put a ten year or a 15 year or a 16 year maximum life on it, this one could be -- in fact, it's -- the timing of what we are doing could be extended out to the 20 years. So, I'm not sure there is a way to put an iron clad box around this for a short period of time that I think they are looking for. Clearly you have the elected representatives of people here who are going to make those decisions out in the future, but generally, as a practical matter, there is really not much else to do out there once this level or work has been done. So, I wish I could give you a better, more satisfactory answer, but I think that's the real one. Meridian City Council Workshop June 14, 2016 Page 10 of 15 De Weerd: But, Phil, is the plan specific enough that it limits what the reimbursables are that can help narrow and focus and keep that time frame short in terms of the qualifying projects and the public infrastructure piece to it? Kushlan: Your Honor, yes, the specific list of projects that we have listed here in the colored map are the things that the -- the city and the MDC are committing to build or reimburse the -- the developers for building and that's it. Anything beyond that would take a formal plan amendment. Palmer: Madam Mayor, follow up? De Weerd: Uh-huh. Palmer: And so I wasn't I guess concerned so much about how long it takes to understand that's going to, you know, one year we may be at a pace that, you know, it's going to have no time there, whereas the next year things may slow down and that can adjust, I understand. What I'm more concerned about is that there is an amount that's, you know, calculated, decided, whatnot that once that's paid we find no other reason for the -- that the government finds no other reason for the district to continue to exist. It's purpose in the beginning was to allow the developer to build all the infrastructure at his cost and, then, we reimburse them for it and, then, it's done. There is not another reason we are like, okay, well, now that we are 16 years down the road we want to start replacing some of that, so we are going to keep the district alive to start replacing here, you know, the different pieces of infrastructure I assume would be turned over to the different entities that usually take them over to maintain them and, then, they will maintain them at their regular schedule, not the district replacement -- replacing or maintaining and finding a reason to continue to exist. Kushlan: Your Honor, if I may. The plan calls for once the infrastructure is installed it would be deeded over, if you will, to the -- the operating entity. The streets would go to the highway district, the water system would come to the city, the sewer system would come to the city. So, those would move off to the entity, so the urban renewal agency wouldn't have any ongoing maintenance obligation there, because they wouldn't have anything to maintain. Palmer: Okay. Perfect. Follow up with some other questions? De Weerd: Uh-huh. Palmer: And another thing that Mr. Turnbull and I had discussed is we had just gone through our budget workshops and in an attempt not to have to increase everyone's taxes there are some public safety items that have been left off of the budget that may -- off the -- I guess the draft budget, you know, we are working on, hopefully being able to find a way to put it back in and this is a large piece of property it appears will have a lot of construction going on it simultaneously and Meridian City Council Workshop June 14, 2016 Page 11 of 15 so I assume there would be people that will enter the property that shouldn't be there and maybe vandalize -- do any number of things that they shouldn't be doing and will require emergency services, police namely, to -- to be there to patrol it on occasion, to deal with people that are there that shouldn't be there, while not reimbursing it for -- you know, you mentioned 16 -- however many years it may take and so one thing that we discussed that -- that I would like to see is that portion of -- of whatever funds come in for the property taxes that would then be reimbursed -- actually be held to help offset the cost of the emergency services that will be provided to the property. I don't know if that's something that had been discussed. I had e-mailed the Mayor and -- Kushlan: Your Honor, Councilman Palmer, I was asked to look at that issue and this isn't the first time this has come up over the years in a variety of the communities. Essentially, the urban renewal law and the Economic Development Act is a vehicle for capital finance. It's not a vehicle for operational subsidy. I think as a practical matter, again, if we looked at various ways to access those revenue allocation money for operational purposes you would, then, I think get the opportunity to discuss that issue with the highway district and the library district and the county, who are also foregoing revenue as an investment over a period of time and basically getting your urban renewal dividend, if you will, at the end of the project. It may be possible to fund capital items associated with police or fire. Again, my experience in discussing these issues with the legislature, they start thinking that it is a version of the -- the three percent cap and they look scant at that. I think possibly you could legally do that, but, again, from my position that's an issue that opens a whole Pandor's Box that could be a problem for yourselves and your folks, your people at the AIC who have to deal with that in the legislature. But that's just my opinion. Palmer: Madam Mayor, another question. De Weerd: Uh-huh. Palmer: What -- do we know what our costs would be to administer the -- the district and where do those funds come from? Kushlan: Your Honor, Councilman, in the cash flow analysis that you will see attached to the plan we assumed a reservation in the cash flow of ten percent of the revenue allocation proceeds per year up to a maximum cap of 50,000 dollars a year. That basically would fund the record keeping, the -- whoever manages this, because once you get the process done, this is, basically, a financing tool, so you're not going to have ongoing operational obligations associated with the district, just basically the servicing of the owner participation agreement in making sure that the resources are receipted and paid over to the recipient through the OPA, so you got some legal expenses, you have some reporting requirements of -- required by law and so forth. So, the active administration of this is fairly limited. I did provide a memorandum that was requested of what the Meridian City Council Workshop June 14, 2016 Page 12 of 15 management options might be available to the MDC. They have not made any decision about that, but, again, the -- the obligations associated with the maintenance of this is fairly -- fairly limited over the long haul because of the way that we have got it structured. Palmer: Madam Mayor? De Weerd: Uh-huh. Palmer: So, we are not anticipating -- if we anticipate I guess any increase in -- in cost to staff, you know, and create -- in running a district -- or we are not anticipating any or -- Kushlan: Your Honor, Councilman Palmer, no, again, we have reserved some resources at the discretion of MDC to -- to operate themselves, but, then, the operating assumption was a maximum of 50,000 dollars fixed over the life of the district. Palmer: Okay. Thanks. De Weerd: Thank you. Other questions? Thank you, Phil. Kushlan: Thank you. De Weerd: Okay. Any other comments? Mr. Cavener, do you have any questions? Cavener: Sorry. I was muted. No. My questions have been answered. Thank you. De Weerd: Okay. Thank you. Okay. Council, this is the second reading. The third reading would be next week. We can keep this open -- public hearing open until then or you can choose to close it, whichever you would prefer. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I think it's important that we have an additional public hearing at our normal evening council meeting next week or whenever, you know, the Council determines would be a good time to do it. To give an opportunity for people that are working that would have an interest in -- in testifying an opportunity to show up and share what they have to say and, then, also to be able to have all the Council present as we vote on it. De Weerd: Okay. Meridian City Council Workshop June 14, 2016 Page 13 of 15 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think that's a very, very good idea to continue it on. If Councilwoman Roberts and Councilman Cavener agree, I would make a motion that we continue this public hearing until June 21st, 2016. Palmer: Second. De Weerd: Okay. I have a motion and a second to continue this public hearing until the 22nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Well, thank you all for being here this afternoon. Almost said evening. And the third reading will be next week, the continued public hearing, and we appreciate you joining us. Item 7: Ordinances B. Ordinance No. ____________________: An Ordinance (H-2016-0019 – Whiteacre Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE ¼ Of The NE ¼ Of Section 36, Township 4 North, Range 1 West, Boise Meridian ; Establishing And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-8 (Medium Density Residential) District In The Meridian City Code De Weerd: Item 7-B is Ordinance 16-1696. Madam Clerk, will you, please, read this ordinance by title only. Jones: Thank you, Madam Mayor. An Ordinance H-2016-0019, Whiteacre Subdivision for annexation and rezone of a parcel of land located in the SE ¼ of the NE ¼ of Section 36, Township 4 North, Range 1 West, Boise Meridian ; Ada County, Idaho, as described in Attachment A and annexing certain land 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 to R-8, Medium Density Residential 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 requested by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council Workshop June 14, 2016 Page 14 of 15 De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? I'm sure it will be riveting. Bird: Seeing none -- Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 16-1696, with suspension of rules. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 8: Future Meeting Topics De Weerd: Item 8 is asking if there is any future meeting topics for future meeting agendas? Bird: I have none. De Weerd: Hearing none, I would entertain a motion to adjourn. Bird: So moved. Little Roberts: Second. De Weerd: I have a motion and a second adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 3:36 P.M. Meridian City Council Workshop June 14, 2016 Page 15 of 15 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T.MY DE WEERD ATTEST: �Q / cra / DATE APPROVED ('ilv of o JACY JONES. CIT IDIA�i,.W IOAHO L SEA Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4A PROJECT NUMBER: H-2016-0034 ITEM TITLE: Granton Square Subdivision No. 2 Findings of Fact, Conclusions of Law for Granton Square Subdivision No. 2 (H-2016- 0034) by Granton Square Properties, LLC Located 1714 E. Challis Street 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 11D"1'1AN,=- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Combined Preliminary and Final Plat Consisting of Two (2) Building Lots and One (1) Common Lot on 0.28 of an Acre of Land in the R-8 Zoning District for Granton Square Subdivision No. 2, by Granton Square Properties, LLC. Case No(s). H-2016-0034 For the City Council Hearing Date of: May 24, 2016 (Findings on June 7, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 24, 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 § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Community Development Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0034 - I - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 24, 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 a combined preliminary and final plat is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 24, 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 1I - 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0034 - 2 - F. Attached: Staff Report for the hearing date of May 24, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0034 - 3 - By action of the City Council at its regular meeting held on the day of JtkV1-e- 2016. COUNCIL PRESIDENT KEITH BIRD VOTED eS COUNCIL VICE PRESIDENT JOE BORTON VOTED abSt-v% V► - COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED �2S COUNCIL MEMBER TY PALMER VOTED 'lts COUNCIL MEMBER LUKE CAVENER VOTED ��S COUNCIL MEMBER GENESIS MILAM VOTED Ark MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Attest: O4A1E° AUGUSrI 01+ lq oma, �G City of IIA E ID„ Jacy Jones s� SEAL City Clerk `,. reg -r IL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By:f k4c��� Dated: City Clerl s OffIC6 `— CI"fY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0034 - 4 - Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4B PROJECT NUMBER: H-2016-0030 ITEM TITLE: Howry Lane Subdivision Findings of Fact, Conclusions of Law for Howry Lane Subdivision (H-2016-0030) by M3 Acquisition, LLC Located 5220 S. Howry Lane 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 IDIANFINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation & Zoning of 41.07 Acres of Land with an R-8 Zoning District; and a Preliminary Plat Consisting of 136 Building Lots and 13 Common Lots on 40.46 Acres of Land for Howry Subdivision, by M3 Acquisition, LLC. Case No(s), H-2016-0030 For the City Council Hearing Date of. June 7, 2016 (Findings on June 14, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of June 7, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date Of June 7, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of June 7, 2016,. incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of June 7, 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 (LC. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 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). H-2016-0030 - t - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of June 7, 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 annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in the Staff Report for the hearing date of June 7, 2016., attached as Exhibit A. 2. The applicant's request for a preliminary plat is hereby approved per the conditions in the Staff Report for the hearing date of June 7, 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 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years, Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not 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 11-513-3F). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 2 - E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of June 7, 2016 CI"I'Y OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 3 - By action of the City Council at its regular meeting held on the I -i day of �j jj,-" , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED l 'eS COUNCIL VICE PRESIDENT JOE BORTON VOTED Abse A �- COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED eS COUNCIL MEMBER TY PALMER VOTED l 2S COUNCIL MEMBER LUKE CAVENER VOTED�� COUNCIL MEMBER GENESIS MILAM VOTED P6tmt- MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm Weerd Attest: 3 cityat iDAHU J Ja� SEAL sr City Cleric rfR9f e «E�5 �W Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: Dated: City Clerk'j Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0030 - 4 - Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4C PROJECT NUMBER: H-2016-0049 ITEM TITLE: Falconer's Place Subdivision Final Order for Approval for Falconer's Place Subdivision (H-2016-0049) by Summit Equity, LLC Located East Side of Eagle Road and South of Victory 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 BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 23 RESIDENTIAL LOTS ON 4.69 ACRES OF LAND IN THE R-8 ZONING DISTRICT FOR FALCONERSPLACE SUBDIVISION BY: SUMMIT EQUITY, LLC APPLICANT HEARING DATE: JUNE 14, 2016 CASE NO. H-2016-0049 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 14, 2016 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Departinent, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING FALCONERS PLACE, LOCATED IN THE NW '/4 OF SECTION 28, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2016, MICHAEL S. BYRNS, PLS, SHEET 1 OF 4," is approved subject to those conditions in the staff report to the Mayor and City Council from the Planning and the Development Services Divisions of the ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALCONERS PLACE SUBDIVISION (H-2016-0049) Page 1 of 3 Community Development Department dated May 24, 2016, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Scott Wonders, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2..1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALCONERS PLACE SUBDIVISION (H-2016-0049) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the day of -31AYAe— , 2016. G Tammy erd Mayor Cit of Meridian Attest: O4pORATLIJ) sT Jacyn— els S City Clerk Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. By: C� - - _ Dated: �D �I � It, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR FALCONERS PLACE SUBDIVISION (H-2016-0049) Page 3 of 3 Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4D PROJECT NUMBER: H-2016-0044 ITEM TITLE: Findings of Fact, Conclusions of Law 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 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 C�wl �i._1.•'"`�°' FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Existing Development Agreement for Fairview Lakes, by Grace at Fairview Lakes. Case No(s). H-2016-0044 For the City Council Hearing Date of: May 24, 2016 (Findings on June 7, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 24, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 24, 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 § 11-5A. 4. Due consideration has been given to the conunent(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 parry requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 24, 2016, incorporated by reference. The conditions are concluded to be CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0044 - I - 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 § I 1-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the conditions of approval in the Staff Report for the hearing date of May 24, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within six (6) months of the City Council granting the modification (UDC 11 -5B -3F). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the six (6) month approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Cleric not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 24, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0044 - 2 - By action of the City Council at its regular meeting held on the 2016. COUNCIL PRESIDENT KEITH BIRD COUNCIL VICE PRESIDENT JOE BORTON COUNCIL; MEMBER ANNE LITTLE ROBERTS COUNCIL MEMBER TY PALMER COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) Mayor Ta de Weerd Attest: 0,kAT 9DAtj� Gp _4y . (Ity 4f Jacy )TA Nt IVANc City Clerk SEAL Copy served upon Applicant, Community Develo Attorney, x� day of Vlhe VOTED 'A2S VOTED AbSex\,J- VOTED � 'es VOTED l e- S VOTED JAS VOTED A bs&v\}- VOTED Department, Public Works Department and City By: - Dated: (9 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0044 - 3 - Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4E PROJECT NUMBER: H-2016-0019 ITEM TITLE: Whiteacre Subdivision Development Agreement for Whiteacre Subdivision (H-2016-0019) by Providence Properties, LLC Located at the SWC of N. Meridian Rd and West McMillan Rd. 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 BOISE IDAHO Pgs=12 DAWN TRIVOLIS 2016-051942 MERIDIAN CITY 06/15/2016 10:11 AM I I II I VNO FEE I IIII I II II II I III I III I III I I II I I II III III 00236460201600519420120120 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Thirteen Hectare, LLC and Randall Geile, Owners 3. Providence Properties, LLC, Developer �= THIS DEVELOPMENT AGREVMENT (this Agreement), is made and entered into this �' day of ���Yt 2. , 20 v', y and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Thirteen Hectare, LLC, whose address is 203 11t'' Avenue South, Nampa, Idaho 836951 and Randall Geile, whose address is 4399 N. Meridian Road, Meridian, Idaho 83646, hereinafter called OWNERS and Providence Properties, LLC, whose address i4 ,'76 / s Be*42-56,Boise, Idaho 8-3-70 , hereinafter called DEVELOPER. RECITALS: 1.1 WHEREAS, Owners are the sole owners, 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 § 67-651 IA provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer has submitted an application for the annexation of approximately 40.88 acres of land from the RUT zoning district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and DEVELOPMENT AGREEMENT— WIUTEACRE SUBDIVISION (H-2016-0019 PAGE 1 OF 10 before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on 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 7 1 day of June, 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 Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or 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 Owners and/or 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 DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019) PAGE 2 OF 10 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 OWNERS: means and refers to Thirteen Hectare, LLC, whose address is 203 11th Avenue South, Nampa, Idaho 83651 and Randall Geile, whose address is 4399 N. Meridian Road, Meridian, Idaho 83646 the parties that own said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Providence Properties, LLC, whose address is 701 S. Allen Street, #5W�,eridian, Idaho 83642, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 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" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY TI -HS 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. Owners and/or Developer shall develop the Property in accordance with the following special conditions: a. Except the public street access to Meridian Rd.; direct lot access to N. Meridian Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. Future development of this site shall be generally consistent with the preliminary plat and building elevations depicted in Exhibit A and the revisions noted in the staff report. c. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. Future homes adjacent to N. Meridian Road (Lots 2-7, Block 1, Lots 2-14 and 45-50, Block 2) shall incorporate a mix of materials, windows and decorative trim, and two variations in the roof lines to provide articulation and modulation to the side and rear facades that face the arterial street. d. A paved, 10 -foot wide multi -use pathway and associated landscaping shall be constructed along the north side of the White Drain in accord with the Pathways Master Plan. The applicant shall construct the pathway along the White Drain with the second phase of development. DEVELOPMENT AGREEMENT - WHITEACRE SUBDIVISION (H-2016-0019 PAGE 3 OF 10 e. The site shall develop with a minimum of 10.6% open space (4.33 acres) to include the following amenities: a tot lot, internal walking paths, a 10 -foot wide multi -use pathway on the north side of the White Drain and an internal pathway connection noted as Lot 16, Block 2. f. The pathways, park, its associated amenities and landscape buffers including the berm and detached sidewalk along the east boundary must be constructed prior to the first day of school for the 2017-2018 school year. g. The developer shall provide playground equipment within the central common area on Lot 1, Block 3, a segment of the City's multi -use recreational pathway and pathways through internal common areas as depicted on the landscape plan in Exhibit A.3 in accord with the qualified site amenity requirements listed in UDC 11 -3G -3C. h. The applicant shall coordinate with public works on the timing of the utility connections for the existing home. i. The applicant shall obtain Certificate of Zoning Compliance and Design Review approval for all attached homes in the proposed subdivision. 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 Owners and/or Developer's default of this Agreement, Owners and/or 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 Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or 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. Owners and/or Developer reserve 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 DEVELOPMENT AGREEMENT - WInrFAcRE SUBDIVISION (H-2016-0019) PAGE 4 OF 10 or Owners and/or 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 Owners and/or 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 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 Owners and/or 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: Owners and/or 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 Owners and/or 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 Owners and/or Developer agree 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 Owners and/or Developer to the City in accordance with Paragraph 1 I above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. DEVELOPMENT AGREEMENT- WHITEACRE SUBDIVISION (H-2016-0019 PAGE 5 OF 10 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: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNERS: Thirteen Hectare, LLC 203 11 `h Avenue Nampa, ID 83651 DEVELOPER: Providence Properties, LLC 701 S. Allen Street, #I 0/y Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 Randall Geile 4399 N. Meridian Road Meridian, ID 83646 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 Owners and/or 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 DEVELOPMENT AGREEMENT- WHITEACRE SUBmVLSION (H-2016-0019 PAGE 6 OF 10 herein expressed. City agrees, upon written request of Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed their 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 Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - WHITEACRE SUBDIVISION (H-2016-0019 PAGE 7 OF 10 ACKNOWLEDGMENTS M W ITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Thirteen Hectare, LLC By DEVELOPER: Providence Properties, LLC By: r /I andall Geile CAW,GlLL M Ge -i 1-y—� CITY OF MERIDIAN By: m de Weerd DEVELOPMENT AGREEMENT- WHrrEACRE SUBDIVISION (H-2016-0019 PAGE 8 OF 10 STATE OF IDAHO ) ss: County of Ada, ) On this �day of �L�,� , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared ,Qac C�'sza r� cJ% , known or identified to me to be the,9/7 r�, ���211,"p,.of Thirteen Hectare, LLC and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4•4.uuq• (SEoN •SMITE•.,.. �•��4 J:��TARY ••. •'•� i }�� ado ` G 000800 •.,,�•9TE0080#1,�F'•����. STATE OF IDAHO ) ss: County of Ada, ) jk-2 Notary Pu is for Idaho Residing at: Z*1,,pe?N My Commissi/n Expires: On this 67/4day of LL116 , 2016, before me, the undersigned, allotary Public in and for said State, personally appeared Randall Geile, known or ident�e4 to me and acknowledged to me that he executed the same. CJ elSis /7711/Q. ,/V L t i A-0 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Publig for Idaho Residing at: %%P/DfA h My Commission Expires: ?-,Ib -/ DEVELOPMENT AGREEMENT- WnrrEACRE SUBDIVISION (H-2016-0019 PAGE 9 OF 10 STATE OF IDAHO ) ss: County of Ada, ) Jh On this 8 " day of 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared G' ,amev 4z X/l le, , known or identified to me to be the of Providence Properties, LLC, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SF 0000000" J C� o s e,� lk • :•,oITAfly ••� •,moi � e O yyi 00 •� • 00"o 00 STATE OF IDAHO ) : ss Notary Pu is for Idaho Residing at: 42,:6 i41 ejA_1 My Commission Expires: County of Ada ) On this xh 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. •••ooaoo 0°LC�6S•••• (SEAL) Np?�`�'C� y0000, Mn j/LeL(,— l - `tom I lx� Notary Public f1 ZIdaho I/V i _ Residing at: o �-� LID Commission expires: _�a � -I n DEVELOPMENT AGREEMENT— WIIITEACRE SUBDIVISION (H-2016-0019) PAGE 10 OF 10 Project No. 15-242 EXHIBIT A DESCRIPTION FOR WHITE ACRE ANNEXATION PARCEL January 18, 2016 A parcel of land located in the SE 114 of the NE 114 of Section 36, TAN., RAW., B.M., Meridian, Ada County, Idaho more particularly described as follows: BEGINNING at the E114 corner of said Section 36, from which the Northeast corner of said Section 36 bears North 0002914" East, 2660.38 feet; Thence along the North boundary line of Cedar Springs Subdivision No. 1 as filed in Book 85 of Plats at Pages 9,554 through 9,556, records of Ada County, Idaho, North 89009'35" West, 1,340.31 feet to the SE comer of Cedar Springs Subdivision No. 8 as filed in Book 94 of Plats at Pages 11,417 through 11,419, records of Ado County, Idaho; Thence along the East boundary line of said Cedar Springs Subdivision No. 8 North 0012847" Fast, 1326.68 feet to the SW corner of Ambercreek Subdivision No. I as filed in Book 97 of Plats at Pages 12,145 through 12,149, records of Ada County, Idaho; Tbence along the South boundary line of said Amberereek Subdivision No. I South 89118136" East, 1340.60 feet to the SB comer of said Ambercreek Subdivision No. 1, said point being on the East boundary line of said Section 36; Thence along said Fast boundary line South 00°2934" West, 1,330.19 feet to the POINT OF BEGINNING. Containing 40.88 acres, more or less. Page I of I Whiteacre Subdivision H-2016-0019 7729 111111- - PRY0.C, EXHIBIT A ® AIMERCRE81( SUBDIVISION -VO. 1 0 . oL010- UG) OlOjm O 2�a ®S69"16'36"E 1344.60'c9I0 0 1 Q 1 1 , all a;aI M � �rI ® I 40.58 ACRES [G t tx (� � I 1 0 i 6101010 �°N !' g a�` o- I I ip��--r aB Ar CEDAR SMATS SUBDIVISION NO. i j �C 150 600 0 75 300 SCALE; 1" = 300' MV, (�} BRASS CAP MONUMENT 1� CALCULATED POINT - - - - - PROPERTY BOUNDARY LINE T - - SECTION LINE rye TOP OF BANK IDAHO 14M E. N441LRTDV2R 5T, SURVEY 1,1040W16AI-MM612 GROUP, P.C. 5205} 61U{�7J0 Whiteacre Subdivision H-2016-0019 S.251S.20 S.36 S_31 EXHIBIT DRAWNG FOR WHITE ACRE ANNEXATION PARCEL L9CATED IV THE Sf_ 1%4 OE -mE w 1/4 or ;F.cjwti X. 74N.. RIV, 8-w- 11ERMAII. ADA C4 -WW Q"TY. EAHD 15-242 1/19/2016 Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Vinyl Traffic Box Wraps First Addendum to Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps 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 FIRST ADDENDUM TO PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS This FIRST ADDENDUM TO PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS ("First Addendum") is made this I L day of "`,`�L016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Bryant Ideas of Idaho, a general corporation registered with the State of Idaho, whose address is 1500 N. Locust Grove, Suite 100, Meridian, Idaho ("Vendor"). WHEREAS, City and Vendor entered into a Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps on July 21, 2015 ("July 21, 2015 Agreement"); and WHEREAS, the City desires to continue utilizing Vendor's services for traffic box vinyl wrap fabrication and installation, under the terms set forth in the July 21, 2015 Agreement; 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: L TERM. The term of the July 21, 2015 Agreement shall be extended through September 30, 2017. II. JULY 21, 2015 AGREEMENT FULLY IN EFFECT. The intent and effect of this First Addendum is to extend the term of the July 21, 2015 Agreement. Except as expressly set forth herein, this Addendum does not otherwise modify or alter any term or condition of the July 21, 2015 Agreement in any way. The July 21, 2015 Agreement remains in full effect, and all terms and conditions thereof are incorporated in this First Addendum as though fully set forth herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the I L,1 day of June, 2016. VENDOR: 4111 H 1 oski, resident Bryant I eas of Idaho, Inc. CITY OF MERIDIAN: Tammy dy-Vleerd, Mayor ,.qlD AUGUsr 0* City of s E IDIAN {DAHO SEAL P 7 h e 7 FIRST ADDENDUM TO PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 1 of 1 PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS This PURCHASE AGREEMENT FOR FABRICAT>€ON AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS ("Agreement") is made this day, of July, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho City"), and Bryant Ideas of Idaho, a general corporation registered with the State of Idaho Vendor"). (City and Vendor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of the Meridian community and to that end, the Meridian Arts Commission issued an Invitation for Quotation, seeking bids for traffic box vinyl wrap fabrication and installation; WHEREAS, Vendor submitted the quote attached hereto as Exhibit A ("Vendor's Quote"), and was the lowest responsive and responsible bidder; 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: 1. SCOPE OF SERVICES. Vendor shall design and fabricate and install five (5) vinyl traffic box wraps in accordance with all provisions of Vendor's Quote, including, without limitation, the general specifications set forth on page 12 of Vendor's Quote. The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both Parties. Any such increase will be governed by the terms and conditions of this Agreement and the Invitation for Quotation. Vendor's Quote shall be valid for up to three (3) years. Any expansion of the quantity specified or extension of the term of this Agreement shall be authorized by written addendum to this Agreement. II. COMPENSATION. A. Total amount. The total payment to Vendor under this Agreement shall be three thousand, ninety-five dollars ($3,095.00). This amount shall constitute full compensation for any and all services, materials, and costs to be furnished by Vendor. B. Method of payment. Vendor shall provide City with an invoice for services and/or materials provided, pursuant to the pricing and delivery schedule set forth on page 9 of Vendor's Quote, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Vendor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Vendor. PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TY2AFFIC Box WRAPS PAGE 1 of 7 IILTIME OF PERFORMANCE. A. Term of lease. The term of this Agreement shall begin on the Effective Date and except as otherwise specified herein or earlier terminated by either Party by the method established herein, shall expire on September 30, 2015. B. Timeline. In addition to the benchmarks set herein, Vendor shall meet the benchmarks set forth in the pricing and delivery schedule set forth on page 9 of Vendor's Quote, except that the anticipated delivery date for "Template Prep & Proof of artwork formatting" shall be July 24, 2015. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Proof prior to fabrication. Prim to fabrication, Vendor shall provide a proof of artwork formatting to City's Arts & Culture Specialist to ensure compliance with the general specifications and to obtain approval of formatting. If the Arts & Culture Specialist finds that the depicted artwork or any portion or component thereof do not conform to the specifications as described and depicted in Vendor's Quote or to reasonable aesthetic considerations described by the Arts & Culture Specialist, the Arts & Culture Specialist shall, within two (2) working days of receipt of the proof from Vendor, provide Vendor written notice of the specific non- conformity and request that Vendor address the specified non -conformity or aesthetic consideration. Vendor shall have two (2) working days to correct the non-confonnity and provide a corrected proof to the Arts & Culture Specialist. If, upon review of the corrected proof, the Arts & Culture Specialist concludes that the proof remains nonconforming, termination procedures may commence. City's failure to disapprove the proof shall constitute presumptive approval of the Artwork as inspected. D. Contact ACHD prior to installation. At least fourteen (14) days prior to installation of each wrap, Vendor shall contact Tony Finch, Traffic Signal Maintenance Crew Chief at the Ada County Highway District ("ACHD") via e-mail at tkinch@achdidaho.org, notify him of the scheduled date(s) of installation and location(s) at which wrap(s) will be installed, and request that ACHD clean each signal box prior to installation. Vendor shall follow all instructions provided by ACHD regarding installation. IV. MAINTENANCE AND REPAIR. A. Warranty. Vendor shall warranty the vinyl wrap for one (1) year as specified on page 12 of Vendor's Quote. During such year, Vendor shall be fully responsible for all defects in materials and during such year shall replace any defective wraps in a timely fashion at no cost to City, except that during such year Vendor shall not be required to replace under this warranty a wrap that is damaged by ACHD, by vandalism, or by an act of God. This provision shall survive the termination or expiration of this Agreement. PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 2 of 7 B. Determination of need for replacement. In the first year following installation, City shall make any and all determinations regarding whether the wrap requires replacement due to defect. Vendor may be asked to provide input regarding such matter, but the decision regarding the need for replacement shall be made by City. This provision shall survive the termination or expiration of this Agreement. V. GENERAL PROVISIONS. A. Ownership. Following installation, the vinyl wraps shall be owned by City. B. Subcontracting or assignment of obligations. Vendor shall not subcontract or assign any of Vendor's obligations under this Agreement. C. Indemnification. Throughout the tern of this Agreement, and for one (1) year following installation, Vendor shall 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 Vendor or Vendor's servants, agents, employees, guests, and/or business invitees, attributable to Vendor's actions under this Agreement. This provision shall survive the termination or expiration of this Agreement. D. Waiver. Vendor waives 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 Vendor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. E. Insurance to be obtained by Vendor. Vendor shall obtain and shall maintain, at Vendor's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Vendor and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non -owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Vendor shall obtain and shall maintain, at Vendor's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Oregon or Idaho law, whichever is higher, to cover any and all persons employed by Vendor. F. Proof of insurance. Vendor shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Vendor has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Vendor or Vendor's insurance agent shall notify City immediately. On all insurance policies required under this agreement, such policies shall provide that they PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 3 of 7 may not be cancelled or reduced in coverage except upon thirty (3 0) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terns set forth herein may constitute grounds for termination of the contract. VI. TERMINATION. A. Termination. If City determines that Vendor has failed to comply with any tern 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 seven (7) days 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. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Vendor for work actually completed by Vendor prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Vendor. In the event of termination for non-perfornance or default by Vendor, except that caused by the death or incapacity of Vendor, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Vendor shall not be relieved of any liability for damages sustained by City attributable to Vendor's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Vendor is determined. Vendor shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Vendor. This provision shall survive the termination of this Agreement and shall not relieve Vendor of liability to City for damages. B. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Vendor is an independent contractor and neither Vendor nor any officer, employee, subcontractor, assignee, or agent of Vendor shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Vendor and City or between Vendor and any official, agent, or employee of City. Both parties acknowledge that Vendor is not an employee of City. Vendor shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Vendor understands, acknowledges, and agrees: PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 4 of 7 I . Vendor is free from actual and potential control by City in the provision of services under this Agreement. 2. Vendor is engaged in an independently established trade, occupation, profession, or business. 3. Vendor has the authority to hire subordinates. 4. Vendor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Vendor shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. Throughout the course of this Agreement, Vendor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, or any physical, mental, or sensory handicap. 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, 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. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protector 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. F. 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. G. 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. H. 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. I. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or sending via e-mail, addressed as follows: PURCHASE AGREEMENTFOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE of Vendor: Holly Cichoski Bryant Ideas of Idaho, Inc. 1500 N. Locust Grove, Suite 100 Meridian ID 83642 208-846-8600 holly@bryantideasidaho.com City: Hillary Bodnar Arts & Culture Specialist 33 E. Broadway Ave. Meridian ID 83642 208)489-1422 hbodar@ineridiancity.org Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. K. Exhibits. All exhibits to this Agreement, including the terms and conditions of Invitation for Quotation, are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. In the event of conflicting provisions, the provisions of this Agreement shall prevail. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the' day of July, 2015. Bryant Idegs of Idaho, Inc. CITY OF MERIDIAN: PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL T AFFIL Box WRAPS PAGE 6 of 7 EXHIBIT A VENDOR QUOTE PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 7 of 7 ARTS & CULTURE SPECIALIST t 33 East Broadway Ave. Ste. 106, Meridian, ID 83642 Phone: (208) 888-4433 x417 Meridian Commission Fax: (208) 887-4813 INVITATION FOR QUOTATION CONTRACT SPECIFICATIONS FOR: TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION QUOTES MUST BE RECEIVED PRIOR TO 2:30 P.M. JUNE 25, 2015 DELIVER TO: MERIDIAN ARTS COMMISSION, ARTS & CULTURE SPECIALIST 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Prepared by Hillary Bodnar NAME AND ADDRESS OF VENDOR SUBMITTING QUOTE NAME: Bryant Ideas of Idaho ADDRESS: 1500 N Locust Grove Ste.100 DATE: 6/23/15 Meridian, ID 83642 QUOTE TO THE MERIDIAN ARTS COMMISSION RECEIVED BY THE QUOTES MUST BE MERIDIAN, IDAHO ARTS & CULTURE SPECIALIST ARTS & CULTURE SPECIALIST 33 EAST BROADWAY AVE., STE 106 PRIOR TO 2:30 P.M. ON JUNE 25. 2015 FOR: TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION Name of Vendor Bryant Ideas of Idaho Telephone 208-846-8600 Type of Business: [ ] Individual doing business under own name [X] Corporation Individual doing business using a firm name [ ] Partnership Joint venture (Please attach Joint Venture Agreement) LLC (Limited Liability Corporation Business Address: 1500 N Locust Grove Meridian Street City Business Email Address: holly@bryantideasidaho.com To the Meridian Arts Commission: ID 83642 State Zip Code The undersigned, as vendor, certifies under penalty of perjury that the only persons or parties interested in this quote as principals are those named herein as vendor; that this quote is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the General Conditions and Instructions to vendors" and the specifications; that he/she proposes and agrees if this quote is accepted, he/she will perform all the work and /or furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Cichoski- President Typed or Printed Name and Title Address (if different than above business address) Page 2 of 12 PROJECT DESCRIPTION The Meridian Arts Commission is requesting quotations for TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION. The Meridian Arts Commission (MAC) seeks to wrap five traffic boxes between July and August 2015. Artwork has already been selected and approved by MAC and Meridian City Council. MAC intends to wrap multiple boxes each year, for the next several years, as the budget allows. The Meridian Arts Commission reserves the right to select an alternate vendor. Meridian Arts Commission Representative Hillary Bodnar, Arts & Culture Specialist 33 East Broadway Ave Meridian, ID 83642 208) 489-0422 Fax (208) 887-4813 hbodnar@meridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Quotation or any part thereof must be requested in writing and directed to the person named as the Meridian Arts Commission Representative and in accordance with "Additional Terms and Conditions (Quote Inquires). Violation(s) may be caused for rejection of the quote. Dated: -71ILi 1-2-01-5 MERIDIAN ARTS COMMISSION Hillary Bodnaortg & Culture Specialist Page 3 of 12 DECLARATION UNDER PENALTY OF PERJURY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the QUOTE. EXAMPLE If vendor is: Sign: 1. An individual doing business ........................ Your name only Under own name. 2. An individual using a firm name .................... John Doe, an individual doing business as Blank Company 3. A partnership ........................................... John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner 4. A corporation ........................................... Blank Company, by John Doe, Secretary (or other title) ant Ideas of Idaho, Holly Cichoski, President Typed or Printed Name and Title Address (if different than above business FOR MERIDIAN ARTS COMMISSION USE ONLY QUOTE was opened on or by above date. QUOTE bond required: [ X] No [ ] Yes Amount $ , O 9 Received: [ ] Cashiers or Certified Check drawn on a Idaho bank Surety Bond Commission Page 4 of 12 1 "I Ql- L , Arts & Culture ecialist, Meridian Arts GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR Quote must be submitted on the form provided by and made available at the office of the Meridian Arts Commission's Arts & Culture Specialist, Suite 106. All items shall be filled in and the signatures of all persons signing shall be written Quotes shall be delivered to the Meridian Arts Commission Arts & Culture Specialist, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642 prior to 2:30 P.M. on JUNE 25, 2015. Quotes, received after that time will be returned unopened to the respective vendor and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the quote. a) TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION b) JUNE 25, 2015 (JUNE 25) 2. Alternate quotes will NOT be considered unless otherwise stipulated. The Meridian Arts Commission reserves the right to waive any informalities or minor irregularities in connection with the quotes received. 4. If materials are proposed, they are to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. Within thirty (30) days after the quote due date, a contract may be awarded by the City to the lowest responsive and responsible vendor, subject to the right of the City to reject all quotes, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate quotes or for such other purposes as the City may determine, unless the vendor objects to such extension in writing with this quote. 6. The Meridian Arts Commission does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 4 ABOVE, THE MERIDIAN ARTS COMMISSION MAY NOT ACCEPT A QUOTE FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. Page 5 of 12 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this quote; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this quote, that the undersigned knows and represents and warrants to the Meridian Arts Commission that this quote is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this quote. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: Bryant Ideas of Idaho BY: Holly Cichoski TITLE: President ADDRESS: 1500 N Locust Grove Ste. 100 Meridian, ID 83642 EMAIL ADDRESS: holly@bryantideasidaho.com PHONE NUMBER: 208-846-8600 DATE: 6/23/15 OF AUTHORITY TO SIGN Page 6 of 12 ADDITIONAL TERMS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS The vendors shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the quote, dispute such specifications and the directions explaining or interpreting them. AWARD The Meridian Arts Commission reserves the right to make an award on any item, group of items in the aggregate to that/those lowest responsible contractors (s) whose quote (s) is/are most responsive to the needs of the City. EVALUATION (Inspection) Materials and installation will be inspected before acceptance by an authorized representative of the Meridian Arts Commission for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of the specifications. If deficiencies are found, it shall be the responsibility of the contractor to replace for inspection and acceptance. Payment will not be made until corrective action has been made. QUANTITIES (Additions The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both parties. Any said increase will be governed by the same terms and conditions of this Invitation for Quotation. The Meridian Arts Commission may wrap multiple traffic boxes in upcoming years. The quotes herein may be referred to over the next three years as the Meridian Arts Commission is able to support this project. WARRANTY/GUARANTEE Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements set forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. a Al Brand names and numbers, when used, are for reference to indicate the character and quality desired. Vendors may offer comparable "EQUAL" products unless expressly prohibited herein. If necessary, the burden of proof and cost on analysis to determine equality shall be that of the Contractor. If proposing an "EQUAL", please state name of manufacturer, model, and part number, if applicable, and enclose descriptive literature. Page 7 of 12 PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Quotations, General Conditions and Instructions to Vendors, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Vendor's Submittal, and any other related documents will remain on file in the office of the City Arts & Culture Specialist. It is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. NON -COLLUSION STATEMENT All vendors are hereby notified that, in the event a contract is awarded to a vendor whose quote was made in collusion with other vendors for the same equipment, the resulting contract is not enforceable against the awarding agency an may be void by that agency. PUBLIC RECORDS The Meridian Arts Commission is a public agency. All documents in its possession are public records. QUOTEs are public records and, except as noted below, will be available for inspection and copying by any person. If any vendor claims any material to be exempt from disclosure under the Idaho Public Records Law, the vendor will expressly agree to defend, indemnify and hold harmless the Meridian Arts Commission from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The Meridian Arts Commission will take reasonable efforts to protect any information marked "confidential" by the vendor, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the vendor upon request after the award of the contract. It is understood, however, that the Meridian Arts Commission will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any QUOTE is subject to potential disclosure. QUOTE INQUIRIES Questions, in written form, regarding this quote should be directed to: Meridian Arts Commission, Finance Department, Attn: Hillary Bodnar, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642. 1 hbodnar@meridiancity.org 1 208-489-0422 PAYMENT AND INVOICING Invoices, in duplicate, shall be mailed or delivered to: Meridian Arts Commission, Accounts Payable, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642 Page 8 of 12 TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION QUANTITY DESCRIPTION UNIT AMOUNT EXTENDED r"v i n irmi ru DELIVERY DATE 5 Template Prep & Proof of artwork formatting 5 25 125 July 17, 2015 5 Art Preparation & Prepress, including artwork scan 5 25 125 July 31, 2015 Approx. 52 sq/ft/box Two -mil 3M Controltac Graphic Film, Series 180 August 14, 2015 5 boxes 5 375 1875 Approx. 52 sq/ft/box Two -mil 3M Scotchcal Luster or Matte Overlaminate August 14, 2015 5 boxes 5 79 395 5 Installation of vinyl wraps 5 100 500 By August 21, 2015 5 Installation of artist plaques 5 15 75 By August 21, 2015 5 One year warranty due to defects in materials used 5 Incuded August 21, 2015 5 One year warranty on installation and/or workmanship5 Included August 21, 20159 TOTAL QUOTE AMOUNT Is 3095 Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes F.O.B. Prices shall be submitted F.O.B. Destination. Certificate of Understandinq The undersigned represents and warrants that the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the Meridian Arts Commission will not be responsible for any errors or omissions on the part of the undersigned in creating this quote. CONTRACTOR/FIRM: Bryant Ideas of Idaho AUTHORIZED SIGNATURE:G x% PRINTED OR TYPED NAME: Holly Cichoski Page 9 of 12 President DATE: 6/23/15 DO NOT DETACH THIS SHEET - SUBMIT ENTIRE QUOTE PACKAGE AS YOUR QUOTE Page 10 of 12 Meridian 1 Commission SPECIFICATIONS TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION JUNE 2015 Page 11 of 12 MERIDIAN ARTS COMMISSION TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION GENERAL SPECIFICATIONS 1. SCOPE In accordance with The Meridian Arts Commission's (MAC) strategic plan and the Meridian Art in Public Spaces Ordinance MAC intends to wrap five traffic boxes each year for several years as part of their Traffic Box Community Art Project. MAC coordinates with Ada County Highway District once traffic box artwork and locations are selected and installation dates are proposed. MAC, or a representative, is to approve any and all formatting proofs prior to installation of the vinyl wrap. The Meridian Arts Commission reserves the right to select an alternate vendor. I. The vendor will be responsible for any and all template preparation work required to develop a proof of artwork formatting. II. The vendor will provide said proof to the Arts & Culture Specialist to obtain approval. III. The vendor will provide artwork preparation and prepress including, but not limited to, scanning the original artwork to produce a high resolution image to be used for fabrication of image on vinyl. IV. The vendor will install the vinyl wraps at each project site. V. The vendor will produce and install artist plaques at each project site. MATERIALS USED The vendor is required to use 2 -mil 3M Controltac Graphic Film, Series 180 and 2 -mil 3M Scotchcal Luster (or Matte) Overlaminate or EQUALS for fabrication and installation. Approximately 52 sq./ft. is required for each traffic box wrap. 3. WORKMANSHIP The vendor will be held responsible for quality of workmanship, including prefabrication and installation of vinyl wrap. 4. WARRANTIES The vendor must provide a minimum of a one year warranty of the vinyl wrap due to defects in materials used. This is to include vendor adherence to specifications outlined by the product specifications as well as any overlooked product defects. The vendor must provide a minimum of a one year warranty on the installation of the vinyl wrap, including any issue with improper coverage, seams, artwork fading or other unwanted wear due to improper installation. Page 12 of 12 Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4G PROJECT NUMBER: ITEM TITLE: Artwork for Traffic Box Community Art Professional Service Agreement for Artwork for Traffic Box Community Art Project - Deb Pence MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this i day of June, 2016 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Deb Pence, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 15-1070; WHEREAS, MAC recommended to City Council that a piece of art entitled Meridian Map, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation on May 24, 2016; and WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for any other purpose, in City's sole discretion. PROFESSIONAL SERVICES AGREEMENT—TRAFFIC Box COMMUNITY ART PROJECT PAGE 1 of 9 C. Copyright. Artist shall not make any claim to the copyright of the Artwork. Artist expressly waives any and all right, title, or interest in the images or products created using Artwork. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Artist warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. H. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. PROFESSIONAL SERVICES AGREEMENT -TRAFFIC BOX WRAP PAGE 2 Of 9 D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the I �- day of June, 2016. ARTIST: Deb Pence CITY OF MERIDIAN: BY: Attest: Tammy7eerd, Mayor PROFESSIONAL SERVICES AGREEMENT— TRAFFIC Box COMMUNITY ART PROJECT PAGE 3 of 9 PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP PAGE 4 of 9 EXHIBIT A CALL FOR ARTISTS Call for Artists : TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11” sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist’s last name and artwork title. Materials submitted will not be returned. E-mailed submissions will not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP PAGE 6 of 9 EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 EXHIBIT C M ERIDIAN M AP Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: Artwork for Traffic Box Community Art Professional Service Agreement for Artwork for Traffic Box Community Art Project - Dwight Williams MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP P AGE 4 of 9 EXHIBIT A CALL FOR ARTISTS ! " # ! $%&& " " " ' ! ( ) * ) ' + " " , ! - ! , ! . /& 0 1 ! • " ( ) * 2 0 • 3 " " 4!5 //6 1& !" 0 • 7 /& " !8 " " 9 8 0 ' ! ! . 0 7!:! " ( 9 * ; %% . ( )9 4%<=1 5 && ! ! > " /" 1&/5! ! 8 " ! 7!:! ! ) " • ? 0 • 8 0 • 0 • ! " " " " " 0 " " " " " " " 0 ! ? @ ! ! PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP P AGE 6 of 9 EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX COMMUNITY ART PROJECT P AGE 9 of 9 EXHIBIT C FACES Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Artwork for Traffic Box Community Art Professional Service Agreement for Artwork for Traffic Box Community Art Project - Barbara Williams MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP P AGE 4 of 9 EXHIBIT A CALL FOR ARTISTS ! " # ! $%&& " " " ' ! ( ) * ) ' + " " , ! - ! , ! . /& 0 1 ! • " ( ) * 2 0 • 3 " " 4!5 //6 1& !" 0 • 7 /& " !8 " " 9 8 0 ' ! ! . 0 7!:! " ( 9 * ; %% . ( )9 4%<=1 5 && ! ! > " /" 1&/5! ! 8 " ! 7!:! ! ) " • ? 0 • 8 0 • 0 • ! " " " " " 0 " " " " " " " 0 ! ? @ ! ! PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP P AGE 6 of 9 EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX COMMUNITY ART PROJECT P AGE 9 of 9 EXHIBIT C T ULIPS Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4,J PROJECT NUMBER: ITEM TITLE: Artwork for Traffic Box Community Art Professional Service Agreement for Artwork for Traffic Box Community Art Project - Morgan McCullough c/o Kelly McCullough MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this I day of June, 2016 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and ke-r ry 41"&-U-16 ("Contractor"), an individual person and parent or legal guardian YRINT OF PARLN I O G UARDIAN of Morgan McCullough, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Autumn Trees, depicted in Exhibit A hereto, which was displayed at the 2016 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on May 24, 2016, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE I of 4 and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE 2 of 4 EXHIBIT A MORGANMCCULLOUGH PROFESSIONAL SERVICES AGREEMENT — TRAFFIC BOX WRAP PAGE 4 of 4 Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: Artwork for Traffic Box Community Art Professional Service Agreement for Artwork for Traffic Box Community Art Project - Roza German c/o Yelena German MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this I Vday of June, 2016 ("Effective Date"), by and between the City of eridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and ("Contractor"), an individual person and parent or legal guardian RIN AME OF PARENT O LEGAL UARDIAN of Roza German, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community and to that end, has undertaken the Traffic Box Community Art Project ("Project"), within which artwork created by community members will be transformed into vinyl wraps and used to cover traffic control boxes at various locations throughout Meridian, with permission from the property owner Ada County Highway District, as a benefit to the public; WHEREAS, representatives of the Meridian Arts Commission ("MAC") selected a piece of art created by Artist entitled Butterfly in the Rainforest, depicted in Exhibit A hereto, which was displayed at the 2016 West Ada School District Student Art Show, to win the "Community Art Award," MAC recommended to Meridian City Council that such artwork ("Artwork") become an installation as part of the Project, and on May 24, 2016, the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to become a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any PROFESSIONAL SERVICES AGREEMENT— UTILITY BOX WRAP PAGE 1 of 4 and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of fifty dollars ($50.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Contractor or Artist in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as PROFESSIONAL SERVICES AGREEMENT—TRAFFIC BOX WRAP PAGE 2 of 4 creating or establishing the relationship of employer and employee between Contractor and City or any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. ,I4-bl IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of June, 2016. CONTACTOR: Print Name: Jena, 6 U (YM0' ( \ Parent or Guardian of Roza German CITY OF MERIDIAN: BY: Tammy d eerd, Mayor PROFESSIONAL SERVICES AGREEMENT -UTILITY Box WRAP ARTIST: �Rl �:� Roza Cierinan 04fi i r u A Ui, O G City Cle _ ITWA PAGE 3 of 4 PROFESSIONAL SERVICES AGREEMENT – TRAFFIC BOX WRAP PAGE 4 of 4 EXHIBIT A ROZA GERMAN Meridian City Council Meeting DATE: June 14, 2016 ITEM TITLE: ITEM NUMBER: 4L PROJECT NUMBER: Water Main Easement between the City of Meridian and Creekstone Meridian, LLC within Creekstone Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 201(j_051944 BOISE IDAHO Pgs=6 DAWN TRIVOLIS 06/15/2016 10:11 AM MERIDIAN CITY NO FEE II I II I VIII I I III I II II II I III I III II I I I II I II III II III 00236462201600619440060064 WATER MAIN EASEMENT 11443h THIS INDENTURE, made this 261' -day of +ty, 2016 between Creekstone Meridian, LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. fs IY� W/ r1 It'. A�ddress STATE OF H4ARO )-') �S : ss. County ofAda 6ca`ze4 On this o2 —P4 -day of 20 '�Cp , before me, the undersigned, a Notary Public in and for said State, personally appeared ^DO- - A C 4 vM 96& and , known or identified to me to be the President and geeretar-y, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) '``OLp0.Y •PVB�� HOLLY HAYDEN Notary Public, State of Texas My Commission Expires August 20, 2019 Sanitary Sewer and Water Main Easement NOTARY "LIC f Residing at: WIM Commission Expires: ■F UM EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN QO¢KTLD A uC(�Sr7 z Goo l9° Tammy d eerd, ayor C� p (E'ry". TDIN L_ IOA1ia SE A* 1. ry s� Attest by , City Clerk P p F P JAcJ Jor.l'E�s Approved By City Council On: STATE OF IDAHO, ) ss County of Ada ) On this day of �-J �-kY, 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. o■■■■■■ (SEAL) : �`••�•C p .,�. ;c LIC '♦ IDAHO �.• U01(0'��tau- � " Utt NOTARY PUB IC FOR IDAHO Residing at: �-e- � J1 UyY� j— CommissionExpires: fs-aC1 ^ 19 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe 4MV1412k s M,�� Land Description Easement over Lot 17, Block 1 A twenty foot wide easement over a portion of Lot 17 in Block 1 of the proposed Creekstone Subdivision located in the southwest quarter of the northeast quarter of Section 10, Township 3 North, Range 1 West of the Boise Meridian, Meridian City, Ada County, Idaho being more particularly described as follows: Commencing at the found 5/8 1h inch diameter iron pin representing the position of the center quarter corner of said Section 10 as perpetuated by document 2016-011211, Records of Ada County from which the found brass cap monument representing the position of the quarter corner common to sections 10 and 11 of T3N, R1W as perpetuated by document 114007427, Records of Ada County bears S 890 36' 02" E a distance of 2655.67 feet; thence S 89136' 02" E for a distance of 893.20 feet to a set 5/8 1h inch diameter iron pin; thence N 170 27' 31" W for a distance of 36.77 feet to a set 5/8th inch diameter iron pin; thence N 89136'02" W for a distance of 21.97 feet to the REAL POINT OF BEGINNING; Thence N 890 36' 02" W for a distance of 20.00 feet; Thence N 00° 23'58" E for a distance of 25.00 feet; Thence S 89° 36' 02" E for a distance of 33.91 feet to a set 5/8th inch diameter iron pin; Thence S 170 27' 31" E for a distance of 21.01 feet; Thence N 890 36' 02" W for a distance of 20.36 feet; Thence 5 00° 23' 58" W for a distance of 5.00 feet to the REAL POINT OF BEGINNING. Said Easement contains 843 square feet or 0.019 acres, more or less. 11463):0 1602 W. Hays St., Suite 306 - Boise, ID 83702 3 Phone: 208-8634198 www.accuratesurveyors.com c c N 33.91 20.00 Title: I Date: 05-25-2016 Scale: 1 inch = 10 feet I File: Water Easement closure.des Tract 1: 0.019 Acres: 843 Sq Feet: Closure = s71.4434e 0.01 Feet: Precision =1/16853: Perimeter =125 Feet 001=n89.3602w 20.00 002=n00.2358e 25.00 003=s89.3602e 33.91 004=s17.2731e 21.01 005=n89.3602w 20.36 006=s00.2358w 5.00 11463 ' 4IV a�vo 9 t ,rev, N. nn n /C C El � W D r p� o bre „F - ND N~\A c� OM � � inn rZ 0) U) �m C n� n'Z I 35' o O00 rr, zY) No O O •® C", r� z �I O n o� Q) � - Cy) ti ni a z° o 0 o i p o p o0 ZE o o o o i t� ,CSN nl p p O � c) C rl _ or � Zo 0o vI L3 wD m;` a �Z z L7 r O C 5� o o z "' 35'. d Z m 2 o,y� rtE I , 0 r r p �O� I �1 � Z.G D z v I ffi ZziO I CA n` v �► D O ~ y M -� OD y 5 CMZ Gdo PRO max ~ ayS � o- 1° L O •rQ O O N Z lb z W w ' 9yC �q,S, r _' p � VV N O W a r r r r r r r r �lOCJ1�WN—'Z m �Z��zzz� 000,�00000�' O cp J cO O cD c0 �7 N W N W N W W Z WOC,��OG7 W OW OCrOO OoNN ��mmm�� 0 CI�ONWUiOND O0)OOOO�In Meridian City Council Meeting (041 DATE: June 14, 2016 ITEM NUMBER: 7/A PROJECT NUMBER: ITEM TITLE: Ordinance No. 16-1695 Second Reading of Ordinance No. 16-1695: An Ordinance Of The City Council Of The City Of Meridian, Approving The Urban Renewal Plan For The Ten Mile Road Urban Renewal Project, Which Plan Includes Revenue Allocation Financing Provisions; Authorizing The City Clerk To Transmit A Copy Of This Ordinance And Other Required Information To The County And State Officials; And Providing An Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. ( �o —1(o 9 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPROVING THE URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT, WHICH PLAN INCLUDES REVENUE ALLOCATION FINANCING PROVISIONS; AUTHORIZING THE CITY CLERK TO TRANSMIT A COPY OF THIS ORDINANCE AND OTHER REQUIRED INFORMATION TO THE COUNTY, AFFECTED TAXING ENTITIES, AND STATE OFFICIALS; APPROVING THE SUMMARY OF THE ORDINANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation ("MDC" or "Agency") is an independent public body, corporate and politic, an urban renewal agency created by and existing under the authority of and pursuant to the Idaho Urban Renewal Law of 1965, being Idaho Code, Title 50, Chapter 20, as amended and supplemented ("Law") and the Local Economic Development Act, Chapter 29, Title 50, Idaho Code, as amended (the "Act"); WHEREAS, on December 2, 2002, the Meridian City Council adopted Ordinance No. 02- 987 approving an urban renewal Revitalization Plan; WHEREAS, based on inquiries and information presented, it has become apparent that additional property within the City may be deteriorating or deteriorated and should be examined as to whether such an area is eligible for urban renewal planning purposes; WHEREAS, the City and MDC commenced certain discussions concerning examination of the additional area as appropriate for an urban renewal project; WHEREAS, during 2015, the City and MDC authorized the commencement of an eligibility study and preparation of an eligibility report of an area located between I-84 and the West Franklin Road east of Ten Mile Road; WHEREAS, MDC has obtained an eligibility report (the "Report"), which examined an area in Meridian, Idaho, in an area known as the Ten Mile Area for the purpose of determining whether such area was a deteriorating area and deteriorated area as defined by Idaho Code Sections 50-2018(9) and 50-2903(8); WHEREAS, the Report dated November 2015, found the existence of one or more of the statutory criteria for the area to be considered eligible for urban renewal activities; WHEREAS, MDC recommended the Report to the Meridian City Council by way of MDC Resolution 15-061 on November 18, 2015; WHEREAS, the City accepted the Report by way of Resolution 16-1119 on February 9, 2016; ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROlEcT PAQE 1 oP 1 I WHEREAS, the Mayor and City Council considered the steps set forth by the Act and Law, accepting the Report finding the, areas set forth in the Report to be "deteriorated" or "deteriorating" areas as defined by Idaho Code sections 50-2018 and 50-2903 declaring the areas as an urban renewal area, making additional findings regarding the characteristics of the areas, making the necessary findings as required by Idaho Code section 50-2008(a) and authorizing MDC to prepare an Urban Renewal Plan; WHEREAS, MDC worked with Phil Kushlan with Kushlan Associates to gather the necessary information and prepare the proposed Ten Mile Road Urban Renewal Plan (the "Plan") which contains the necessary components and analysis required under Idaho Code Title 50, Chapter 20 and 29 and such proposed Plan also contains provisions of revenue allocation financing as allowed by the Act; WHEREAS, MDC, by way of MDC Resolution 16-018, approved and adopted the Plan and recommended that the City approve the Plan; WHEREAS, MDC, by way of MDC Resolution 16-019 approved modifications to the Plan to include a section of the Kennedy Lateral and corresponding costs in the maps and charts of the Plan; WHEREAS, MDC, the Mayor and the City Clerk have worked in good faith to take the necessary action to process the Plan; WHEREAS, at a meeting held on May 19, 2016, the Meridian Planning and Zoning Commission considered the Plan and found by P& Z Resolution No 16-1141 that the Plan is in all respects in conformity with the City of Meridian Comprehensive Plan; a copy of this Finding is attached hereto as Exhibit 1; WHEREAS, the notice of public hearing of the Plan was caused to be published by the Meridian City Clerk in The Valley Times on May 16 and 23, 2016, a copy of said notice is attached hereto as Exhibit 2; WHEREAS, as of May 12, 2016, the Plan was submitted to the affected taxing entities, available to the public, and under consideration by the City Council; WHEREAS, the City Council during its regular workshop meeting of June 14, 2016, held such public hearing; WHEREAS, as required by Idaho Code sections 50-2905 and 50-2906, the Plan contains the following information which was made available to the general public and all taxing districts at least thirty (30) days prior to the public hearing on June 14, 2016, the regular workshop meeting of the City Council: ( 1) a statement describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 2 OF 1 1 until and after the bonds, notes and/or other obligations are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred ; (7) a termination date for the plan and the revenue allocation area as provided for in section 50- 2903(20), Idaho Code. In determining the termination date, the plan shall recognize that the agency shall receive allocation of revenues in the calendar year following the last year of the revenue allocation provision described in the urban renewal plan; and (8) a description of the disposition or retention of any assets of the agency upon the termination date. Provided however, nothing herein shall prevent the agency from retaining assets or revenues generated from such assets as long as the agency shall have resources other than revenue allocation funds to operate and manage such assets; WHEREAS, the PIan authorizes certain projects to be financed by revenue allocation bonds, or loans and proceeds from revenue allocation; WHEREAS, pursuant to Chapter 14, Title 40, Idaho Code, the Ada County Highway District ("ACHD") is granted certain authority and jurisdiction over public rights of way within the Project Area, as that term is defined in the Plan; WHEREAS, it is necessary and in the best interest of the citizens of the City, to adopt the Plan, including revenue allocation financing provisions because revenue allocation will help finance urban renewal projects to be completed in accordance with the Plan (as now or hereafter amended), in order to: encourage private development in the urban renewal area; prevent and arrest decay of the City due to the inability of existing financing methods to provide needed public improvements ; encourage taxing districts to cooperate in the allocation of future tax revenues arising in the urban renewal area in order to facilitate the long-term growth of their common tax base; encourage private investment within the City; and to further the public purposes of the Agency; WHEREAS, the City Council finds that the equalized assessed valuation of the taxable property in the Project Area is likely to increase, and continue to increase, as a result of initiation and continuation of urban renewal projects in accordance with the Plan; WHEREAS, under the Law and Act any such plan should provide for (1) a feasible method for the location of families who will be displaced from the urban renewal area in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such families; (2) the urban renewal plan should conform to the general plan of the municipality as a whole; (3) the urban renewal plan should give due consideration to the provision of adequate park and recreational areas and facilities that may be desirable for neighborhood improvement, with special consideration for the health, safety, and welfare of the children residing in the general vicinity of the site covered by the plan; and (4) the urban renewal plan should afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; WHEREAS, if the urban renewal area consists of an area of open land to be acquired by the urban renewal agency, such area shall not be so acquired unless (1) if it is to be developed for residential uses, the local governing body shall determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 3 of I 1 in other areas; that the conditions of blight in the area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality; or (2) if it is to be developed for nonresidential uses, the local governing body shall determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local community objectives, which acquisition may require the exercise of governmental action, as provided in the Law, because of defective or unusual conditions of title, diversity of ownership, tax delinquency, improper Subdivisions, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for the correlation of the area with other areas of a municipality by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area; WHEREAS, under the Act a deteriorated area includes any area which is predominantly open and which, because of obsolete platting, diversity of ownership, deterioration of structures or improvements, or otherwise, results in economic underdevelopment of the area, or substantially impairs or arrests the sound growth of a municipality; WHEREAS, under the Law and the Act, specifically sections 50-2018(9) and 50- 2903(8)(,, a deteriorating area may not include an agricultural operation as defined in Idaho Code section 22-4502(1) absent the consent of the owner of the agricultural operation except for an agricultural operation that has not been used for three (3) consecutive years; WHEREAS, the Agency has received written consent concerning certain properties within the urban renewal area, which may have been deemed an agricultural operation as stated above; WHEREAS, the overall base assessment rolls for the various revenue allocation areas cannot exceed ten percent (10%) of the Base Assessment Value of the City of Meridian; WHEREAS, the City at its regular meeting workshop meeting held on June 14, 2016, considered the Plan as proposed and made certain comprehensive findings. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: SECTION X: It is hereby found and determined that: (a) The Project Area as defined in the Plan is a deteriorated or a deteriorating area as defined in the Law and the Act and qualifies as an eligible urban renewal area under the Law and Act. (b) The rehabilitation, conservation, and redevelopment of the urban renewal area pursuant to the Plan are necessary in the interests of public health, safety, and welfare of the residents of the City. ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 4 OF l I (c) There continues to be a need for the Agency to function in the City. (d) The Plan conforms to the City of Meridian Comprehensive Plan as a whole. (e) The Plan gives due consideration to the provision of adequate park and recreation areas and facilities that may be desirable for neighborhood improvement (recognizing the mixed use components of the Plan and the need for overall public improvements), and shows consideration for the health, safety, and welfare of any children, residents or businesses in the general vicinity of the urban renewal area covered by the Plan. (f) The Plan affords maximum opportunity consistent with the sound needs of the City as a whole for the rehabilitation and redevelopment of the urban renewal area by private enterprises. (g) The Plan provides a feasible method for relocation of any displaced families residing within the Project Area in decent, safe and sanitary dwelling accommodations within their means and without undue hardship to such families. (h) The collective base assessment roll for the revenue allocation areas under the various revenue allocation areas does not exceed ten percent (10%) of the assessed value of the City. (i) The Plan includes the requirements set forth in Idaho Code § 50-2905. (j) The Plan is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes (if any) land uses, maximum densities, building requirements, and any method or methods of financing such plan, which methods may include revenue allocation financing provisions. (k) The urban renewal area, which includes the deteriorating area, as defined in Idaho Code section 50-2018(9), does not include any agricultural operation for which the Agency has not received a written consent, or has not been used for agricultural purposes for three (3) consecutive years. SECTION 2: The City Council finds that the Project Area consists of predominantly open land, that the Agency does not intend to acquire any open land on any widespread basis, and that the Project Area is planned to be redeveloped in a manner that will include nonresidential uses. Provided, however, the City Council finds that for the portions of the Project Area deemed to be "open land," the criteria set forth in the Law and Act have been met. SECTION 3: The City Council finds that the Plan meets the sound needs of the City and will provide opportunities in an area that does not now contain such opportunities, and residential and nonresidential uses under the Plan are necessary and appropriate to facilitate the proper growth and development of the community in accordance with sound planning standards and local ORDINANCE APPROVING URBAN RENEWAL PLAN FOR TiiE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 5 OF 11 community objectives because of defective or unusual conditions of title, diversity of ownership, outmoded street patterns, deterioration of site, economic disuse, unsuitable topography or faulty lot layouts, the need for correlation of the area with other areas of the City by streets and modern traffic requirements, or any combination of such factors or other conditions which retard development of the area. SECTION 4: The Plan, a copy of which is attached hereto and marked as Exhibit 3 and made a part hereof by attachment, be, and the same hereby is, approved. As directed by the City Council, the City Clerk and/or the Agency may make certain technical corrections or revisions in keeping with the information and testimony presented at the June 14, 2016 hearing and incorporate changes or modifications, if any. SECTION 5: The City Council declares that nothing within the Plan is intended or shall be interpreted to usurp the jurisdiction and authority of ACRD as defined in chapter 14, Title 40, Idaho Code. Further, pursuant to Section 40-1415, Idaho Code, ACFID has authority over the planning, location, design, construction, reconstruction, and maintenance of the City rights of way and accompanying curbs, gutters, culverts, sidewalks, paved medians, bulkheads, and retaining walls. In the planning process, ACRD shall take into consideration the principles contained in the, Plan. SECTION 6: No direct or collateral action challenging the Plan shall be brought prior to the effective date of this Ordinance or after the elapse of thirty (30) days from and after the effective date of this Ordinance adopting the Plan. SECTION 7: Upon the effective date of this Ordinance, the City CIerk is authorized and directed to transmit to the Ada County Assessor, Joint School District No 2, Ada County EMS, Meridian Cemetery District, Ada County Highway District, College of Western Idaho, Meridian Library District, Ada County Weed, Pest and Mosquito Abatement District, the Western Ada Recreation District, the Meridian Rural Fire District, and the State Tax Commission a copy of this Ordinance, a copy of the legal description of the boundaries of the Revenue Allocation Area, and a map or plat indicating the boundaries of the Project Area. SECTION S: The City Council hereby finds and declares that the Revenue Allocation Area as defined in the Plan, the equalized assessed valuation of which the City Council hereby determines is in and is part of the Plan is likely to increase as a result of the initiation and completion of urban renewal projects pursuant to the Plan. SECTION 9: The City Council hereby approves and adopts the following statement policy relating to the appointment of City Council members as members of the Agency's Board of Commissioners: If any City Council members are appointed to the Board, they are not acting in an ex officio capacity but, rather, as private citizens who, although they are also members of the City Council, are exercising their independent judgment as private citizens when they sit on the Board. Except for the powers to appoint and terminate Board members and to adopt the Plan, the City Council recognizes that it has no power to control the powers or operations of the Agency. SECTION 10: So long as any Agency bonds, notes or other obligations are outstanding, the City Council will not exercise its power under Idaho Code section 50-2006 to designate itself as the Agency Board. ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 6 OF I I SECTION 11: This Ordinance shall be in Rill force and effect immediately upon its passage, approval, and publication and shall be retroactive to January 1, 2016, to the extent permitted by the Act. SECTION 12: The provisions of this Ordinance are severable, and if any provision of this Ordinance or the application of such provision to any person or circumstance is declared invalid for any reason, such determination shall not affect the validity of remaining portions of this Ordinance. SECTION 13: The Summary of this Ordinance, a. copy of which is attached hereto as Exhibit 4, is hereby approved. SECTION 14: All ordinances, resolutions, orders, or palls thereof in conflict herewith are hereby repealed, rescinded, and annulled. SECTION 15: This Ordinance does not affect an action or proceeding commenced or right accrued before this Ordinance takes effect. , PASSED by the City Council of the City of Meridian, Idaho, this 21st day of June, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of June, 2016. APPRO'V'ED: ATTEST: Tammy de Weerd, Mayor Jacy Jones, City Clerk ORDINANCE APPROVING URBAN RENEWAL PLAN FOR THE TEN MILE ROAD URBAN RENEWAL PROJECT PAGE 7 OF 11 Meridian City Council Meeting 0 Aa DATE: June 14, 2016 ITEM NUMBER: ;W PROJECT NUMBER: ITEM TITLE: Urban Renewal Plan Public hearing to consider the Urban Renewal Plan for the Ten Mile Road Urban Renewal Project of the Meridian Development Corporation MEETING NOTES �c uC Q. C-hakN-ex �o r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City Clerk’s Office 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433 www.meridiancity.org May 12, 2016 Ada County Assessor Joint School District No. 2 (courtesy-- no impact) Ada County EMS (to Ada County Commissioners) Meridian Cemetery District Ada County Highway District College of Western Idaho Meridian Library District Ada County Weed, Pest and Mosquito Abatement District(s) (via Ada County Commissioners) West Ada Recreation District Meridian Rural Fire District TAXING ENTITY: RE: Urban Renewal Plan for the Meridian Ten Mile Urban Renewal District Dear Sir or Madam: Enclosed is a copy of a formal notice that will be published in the Valley Times on May 16 and 23, 2016, advising that the Meridian City Council will hold a public hearing in the City Council Chambers, 33 East Broadway Avenue, Meridian, Idaho, on June 14, 2016, at 3:00 p.m., to consider the Urban Renewal Plan for the Ten Mile Urban Renewal project (the “Plan”) of the Meridian Development Corporation (the “Agency”). The City Council will consider an Ordinance adopting the Plan at its regular meeting on the week following the public hearing. This letter also serves as notice to you, in compliance with Idaho Code section 50-2906, that the Plan contains a revenue allocation provision and the Agency recommends approval of the Plan. A copy of the Plan and Resolutions adopted by the Agency are enclosed, attached, or hyperlinked depending on the method that these items are being transmitted to you. As required by Idaho Code section 50-2905, the Plan contains a statement (1) describing the total assessed valuation of the base assessment roll of the revenue allocation area and the total assessed valuation of all taxable property within the municipality; (2) listing the kind, number, and location of all proposed public works or improvements within the revenue allocation area; (3) an economic feasibility study; (4) a detailed list of estimated project costs; (5) a fiscal impact statement showing the impact of the revenue allocation area, both until and after the bonds are repaid, upon all taxing districts levying taxes upon property in the revenue allocation area; and (6) a description of the methods of financing all estimated project costs and the time when related costs or monetary obligations are to be incurred; (7) a termination date for the plan and the revenue allocation area as provided for in section 50-2903(2); and (8) a description of the City Clerk’s Office 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-888-4433 www.meridiancity.org disposition or retention of any assets of the agency upon the termination date. You are encouraged to provide your comments, either in writing or at the public hearing. If you are receiving this transmittal via electronic mail, the Notice of Public Hearing and Agency Resolutions are attached to the email. The Plan can be accessed online at: weblink.meridiancity.org/weblink8/0/doc/114788/Page1.aspx Please contact the City Clerk’s Office immediately if you have difficulty accessing these documents or if you would prefer that they be provided to you in printed form. In the event you would like to schedule a separate meeting to discuss the Plan, representatives of the City and/or the Agency will make themselves available to explain the Plan. Sincerely, ____________________________________ Jacy Jones, City Clerk Enclosures Me r i d i a n C i t y C o u n c i l M e e t i n g Tu e s d a y J u n e 1 4 , 2 0 1 6 Pr e s e n t a t i o n b y : P h i l l i p K u s h l a n Hi s t o r y Pr o c e s s St a t u s 20 0 2 - U r b a n R e n e w a l A g e n c y o f t h e C i t y o f M e r i d i a n I daho is es t a b l i s h e d . 20 0 7 - T h e T e n M i l e I n t e r c h a n g e S p e c i f i c A r e a P l a n i s adopted by t h e C i t y . 20 1 5 - T h e M a y o r a n d C i t y C o u n c i l , i n c o l l a b o r a t i o n with the MD C , d e c i d e d t o p u r s u e c r e a t i o n o f C i t y ’ s s e c o n d u r ban renewal di s t r i c t f o r t h e T e n M i l e R o a d a r e a . A h i g h e r l e v e l o f d e v e l o p m e n t t h a n i n o t h e r s i m i l a r ly s i t u a t e d a r e a s i n Me r i d i a n . In t e g r a t i n g a v i b r a n t m i x o f c o m m e r c i a l a n d r e s i d e n ti a l u s e s . Pr o v i s i o n o f a b o v e - a v e r a g e l e v e l o f a m e n i t i e s . A l e v e l o f d e v e l o p m e n t c a l l e d f o r i n t h e S p e c i f i c A re a P l a n re q u i r e s i n c e n t i v e s f o r p r i v a t e i n v e s t m e n t . Th e o n l y m e c h a n i s m t o p r o v i d e m e a n i n g f u l i n c e n t i v e s in Idaho is th r o u g h t h e U r b a n R e n e w a l L a w a n d E c o n o m i c D e v e l o p m ent Ac t . Ch a p t e r 2 9 , T i t l e 5 0 o f I d a h o C o d e p r o v i d e s f o r u s e of these to o l s f o r e c o n o m i c d e v e l o p m e n t o b j e c t i v e s No v e m b e r 2 0 1 5 - E l i g i b i l i t y R e p o r t c o m p l e t e d a n d a p p roved by th e M D C B o a r d Fe b r u a r y 2 0 1 6 - C i t y C o u n c i l c o n c u r r e d a n d d i r e c t e d de v e l o p m e n t o f a n U r b a n R e n e w a l P l a n Ma y 2 0 1 6 Pl a n a p p r o v e d b y M D C Ci t y C o u n c i l r e c e i v e d a n d f o r w a r d e d P l a n t o t h e P l a nn i n g a n d Z o n i n g Co m m i s s i o n Pl a n n i n g a n d Z o n i n g C o m m i s s i o n a d o p t e d r e q u i r e d f i n di n g s o f co n f o r m a n c e w i t h t h e C o m p r e h e n s i v e P l a n Pl a n s e n t t o e f f e c t e d t a x i n g e n t i t i e s f o r c o m m e n t Pr o p o s e d U r b a n R e n e w a l A r e a m e e t s t h e e l i g i b i l i t y c riteria. Th e a s s e s s e d v a l u e o f t h e D i s t r i c t d o e s n o t e x c e e d to 10%. Th e P l a n m e e t s t h e r e q u i r e m e n t s o f S t a t e l a w . Th e P l a n i s e c o n o m i c a l l y f e a s i b l e . Th e P l a n i s c o n s i s t e n t w i t h t h e C o m p r e h e n s i v e P l a n . Ag r i c u l t u r a l p r o p e r t y o w n e r s c o n s e n t t o b e i n c l u d e d in district. Pu b l i c N o t i c e s h a v e b e e n p u b l i s h e d a s r e q u i r e d b y l aw. Th e P l a n h a s b e e n s u b m i t t e d t o t h e v a r i o u s t a x i n g e ntities ha v i n g j u r i s d i c t i o n f o r c o m m e n t . Pl a n i m p l e m e n t a t i o n r e q u i r e s c r e a t i o n o f a R e v e n u e Allocation Ar e a . Co n d u c t a p u b l i c h e a r i n g . Co n s i d e r t h e p u b l i c c o m m e n t s a n d t h e i n f o r m a t i o n p r ovided. Up o n c l o s e o f t h e P u b l i c H e a r i n g , t h e C o u n c i l m a y t ake action. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: June 14, 2016 Item # 6AO Project Number: Project Name: Please print your name ZECEIVEJ CITY OF e -,Tv CI ERKS OFFICE Urban Renewal Plan For Against Neutral Do you wish to testify (Y/N) Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Ordinance No. Flo -1(vq (o : An Ordinance (H-2016-0019 - Whiteacre Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE 1/4 Of The NE'/4 Of Section 36, Township 4 North, Range 1 West, Boise Meridian; Establish -ging And Determining The Land Use 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 2016-051943 BOISE IDAHO Pgs=5 DAWN TRIVOLIS 06/15/2016 10:11 AM MERIDIAN CITY NO FEE 1111111111111 III 111111111111111 VIII 1111111 11'1111 III 00236461201600619430060060 CITY OF MERIDIAN ORDINANCE NO. (6 - I (Q 1p BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2016-0019 - WHITEACRE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SE 1/ OF THE NE 1/ OF SECTION 36, TOWNSHIP 4 NORTH, RANGE I WEST, 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 TO R-8 (MEDIUM DENSITY RESIDENTIAL) 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: Thirteen Hectare, LLC and Ranclall Geile SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential) 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 maps as well as the official zoning maps, and all official snaps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — WHITEACRE SUBDIVISION (H-2016-0019) 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 S. 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 I � �h tt day ofy VA Y -v2 _ , 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of �s L a "C , 2016. YO de WEERD �00JED A ATTEST: `�o tis n „ city of IDAHO ,f JACY JONES, CITY CLER lF gyp, �r�rdr TRFAS�ao ANNEXATION — WHITEACRE SUBDIVISION (H-2016-0019) Page 2 of 3 STATE OF IDAHO, ss: County of Ada ) On this �Iday of J U'� , 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. C (SEAL) N i fir: .• . 10 %,�. •*00600.0 NOTARY PUBLn FO IDA O RESIDING AT: DO MY COMMISSION EXPIRES: 9-a(i -18 ANNEXATION — WHITEACRE SUBDIVISION (H-2016-0019) Page 3 of 3 Project No. 15-242 EXHIBIT A DESCRIPTION FOIL UNITE ACRE ANNEXATION PARCEL January 18, 2016 A parcel of land located in the SE 114 of the NF 114 of Section 36JAN., RJ W.,13.1a1., Meridian, Ada County, Idaho more particularly described m follows: BEGINNING at Clic F 1M corner of said Section 36, fmin which the Northeast corner of slid Section 36 bears North 00"29'34" List, 2660.38 feet; Thence along the North boundary line of Cedar Springs Subdivision No. t as filed in Book 115 of Flats at Pages 9J54 through 9,556, records of'Ada County, Idaho, Dearth 89"09"35" West, 1,340.:11 feet to the 8B. corner of Cedar Springs Subdivision No. 8 as filed in (look 94 of Plats at Pages 11,417 through 11,419, rmrds of Ada County, Idaho; Thence along the Fast boundary tine of said Cedar Subdivision No. 3 North OO°23'47" East, 13260 ,'est to the SW corner of Ambercreek Subdivision No. 1 as lilcd in Book 97 of Plats at Pages 12,145 throuplu 12,149, rccotds of Ada County, Idaho; Thence alone; the -South boundary line of said Ambtrcreek Subdivision No, 1 Snkith 139*IS,36" Fast, 1340 60 feet to the SE comer of said Ambenreek Subdivision No, 1, said point being on The Cast boundary line of said Section 36; Thence along said East bounday line South 40°29'34" West,1,33O.19 feet to the POINT OF BEG INNING. Containing 40.88 acre=s, more or less, 1"Agc I of I Whiteacre Subdivision H-2016-0019 7729 r of 1� NO 09 na. . m <1lL1F::/,`ti�Cf` SdifJBtIIaPL':'1 ?h7. i I� Q 13 r3,C? X10 a L � S8T 18360E 1340.60, � 4 ,k ti N vai 40,58 ACRES � k � 1 - 1(pN69'Q9`35 W 1,340 31' VC �'a'ttTc snFF,eT�� &G13iitk'l:Sl.lh' V(i_ # Q� BRASS CAP MONUMENT G1 CALCULATED POIN1 150 fi(�C3 _... .___._.......... _ _ _ -- 6 M aU(l SCALE: 1,> 3O0' ,�— IDAHO 14N El s+u?e n�cxr_nuY. �/ SURVEY SURVE 1 Y/CFS�JY16A d7 b3G12 GROUP, P,C. `zob3G1 *Trp Whiteacre Subdivision H-2016-0019 PROPERTY BOUNDARY LINE EC1100 LINE TOP CE BANK EXHIBIT DRAWNG FOI`� WHITE ACRE ANNEXATION PARCEL YR7.^A7F.D 114 'mr SF 114 or THE %E 74 nr ycr, fl -z. r..AN„ @,4W, DG., WHI MAN. ADA LO.INTY "N"TY, UAHD 1x242 1 1/10/2016 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 16- ' PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the SE 1/4 of the NE 1/a of Section 36, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 40.88 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East0ABroadway Avenue, Meridian, Idaho. This ordinance shall become effective on the Q_ day of �,A�A yi P , 2016. City of Meridian` Mayor and City Council By: Jacy Jones, City Clerk 0�, -TV AL,�Lsrr G' t9 D� CA of IF SEAL yr V r. \ fe�r6e7AEA5u�� First Reading: _ Vt-ky\.2, I L o j( to Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YESNO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 16 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 16-1 (n (�, of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of William. L.M. Nary City Attorney 2016. ORDINANCE SUMMARY — WHITEACRE SUBDIVISION H-2016-0019 Meridian City Council Meeting DATE: June 14, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS