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2016-11-01
Meridian City Council Meeting Agenda Tuesday, November 1, 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. 1. City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 1, 2016 at 6:00 PM 6:05PM 1. Roll-Call Attendance X Anne Little Roberts X Joe Borton X Ty Palmer X Keith Bird __X___ Genesis Milam __X___ Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan with Real Life Ministries 4. Adoption of the Agenda Adopted as noted 5. Consent Agenda Approved A. Approve Minutes of October 25, 2016 City Council Regular Meeting B. Findings of Fact, Conclusions of Law for Approval for Blakeslee Commons Subdivision (H-2016-0066) by Global Senior Housing, LLC Located South Side of E. Ustick Road Between N. Locust Grove Road and N. Eagle Road C. Findings of Fact, Conclusions of Law for Approval for Bainbridge (McMullen Lateral Easement) (H-2016-0115) by Brighton Investments, LLC Located South of W. Chinden Blvd between N. Black Cat Road and N. Ten Mile Road D. Addendum to Development Agreement for Una Mas (H-2015-0016) with Una Mas, LLC Located at a Parcel of Real Property L ying in East 1/2 of Government Lot of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho E. Developement Agreement for Eagle Commons (H-2015-0024) with James A. Kissler, LLC, Owner/Developer for A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records of Ada County. Said parcel being situated in a portion of the SW 1/4 of the SW 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho CITY COUNCIL REGULAR MEETING AGENDA Meridian City Council Meeting Agenda Tuesday, November 1, 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. F. Recipient Agreement Between City of Meridian and Meridian Library District for Investment of High Five Community Grant Funds in Book -A- Bike Program for an amount not to exceed $7,039 G. License Agreement with Kimball Properties Limited Partnership for Construction and Maintenance of Meridian Monument Sign at 1401 S. Eagle Road 6. Items Moved From the Consent Agenda 7. Department Reports A. Mayor's Office: Appointment of Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission B. Resolution No. 16-1175: A Resolution Appointing Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission Approved C. Mayor’s Office: Appointment of Edward Landis to the Meridian Historic Preservation Commission D. Mayor’s Office: Appointment of Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission E. Resolution No. 16-1176: A Resolution Appointing Edward Landis to the Meridian Historic Preservation Commission; Appointing Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission Approved F. Resolution No. 16-1177: Adopting Updated Parks and Facilities Naming Policy and Procedures Approved 8. Community Items/Presentations A. Historic Preservation Commission: TourBuddy Digital Walking Tour Vacated B. Budget Amendment: MADC – Office of Drug Policy Grant FY2017 Approved 9. Action Items Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be presented by the assigned City planner. Following Staff’s report the applicant has up to 15 minutes to present their application. Each member of the public may provide testimony up to 3 Meridian City Council Meeting Agenda Tuesday, November 1, 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. 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. The City Council may move to continue the item for additional information or vote to approve or deny the item with or without changes as presented. The Mayor is not a member of the City Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie vote. A. Public Hearing for THIRD READING: Ordinance No. 16 -1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.B (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O’CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. Approved 10. Future Meeting Topics 11. Executive Session per Idaho State Code 74 -206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation Into Executive Session at 6:54pm Out of Executive Session at 8:20pm Adjourned at 8:20pm Meridian City Council November 1, 2016 A meeting of the Meridian City Council was called to order at 6:05 p.m., Tuesday, November 1, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener, Ty Palmer and Anne Little Roberts. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Clint Dolsby, Berle Stokes, Mark Niemeyer, Steve Siddoway Scott Colaianni and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: Okay. Thank you for all being here. For the record it is Tuesday, November 1st. It's five minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan with Real Life Ministries De Weerd: Is Pastor Justin here? I don't -- I don't have my glasses on. Item 4: Adoption of the Agenda De Weerd: So, we will move to Item No. 4, which is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: On the agenda under Department Reports, 7-B, the resolution number is 16-1175. 7-E, the resolution number is 16-1176. 7-F, the resolution number is Meridian City Council November 1, 2016 Page 2 of 18 16-1177. 8-A, the Historic Preservation Commission TourBuddy Digital Walking Tour needs to be vacated from agenda. And with that I move we approve the amended agenda. Borton: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of October 25, 2016 City Council Regular Meeting B. Findings of Fact, Conclusions of Law for Approval for Blakeslee Commons Subdivision (H-2016-0066) by Global Senior Housing, LLC Located South Side of E. Ustick Road Between N. Locust Grove Road and N. Eagle Road C. Findings of Fact, Conclusions of Law for Approval for Bainbridge (McMullen Lateral Easement) (H-2016-0115) by Brighton Investments, LLC Located South of W. Chinden Blvd between N. Black Cat Road and N. Ten Mile Road D. Addendum to Development Agreement for Una Mas (H- 2015-0016) with Una Mas, LLC Located at a Parcel of Real Property Lying in East 1/2 of Government Lot of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho E. Developement Agreement for Eagle Commons (H-2015- 0024) with James A. Kissler, LLC, Owner/Developer for A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records of Ada County. Said parcel being situated in a portion of the SW 1/4 of the SW 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho F. Recipient Agreement Between City of Meridian and Meridian Library District for Investment of High Five Meridian City Council November 1, 2016 Page 3 of 18 Community Grant Funds in Book-ABike Program for an amount not to exceed $7,039 G. License Agreement with Kimball Properties Limited Partnership for Construction and Maintenance of Meridian Monument Sign at 1401 S. Eagle Road De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the Consent Agenda as published and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer , yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From the Consent Agenda De Weerd: Item 6, there were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Appointment of Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission B. Resolution No. 16-1175: A Resolution Appointing Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission De Weerd: So, we will move into Item 7-A, the appointment of Dave Neal as the Public Works Department designee. We wanted someone that was considered an expert in the topics that are addressed by our Solid Waste Advisory Commission. I think several of you know Dave Neal. He used to oversee the Meridian City Council November 1, 2016 Page 4 of 18 landfill direction -- or landfill operation and so I would answer any questions you might have or ask for your approval of this appointment . Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 16 -1175 appointing Dave Neal as the Public Works Department director's designee to the Solid Waste Advisory Commission. Bird: Second. De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Mayor’s Office: Appointment of Edward Landis to the Meridian Historic Preservation Commission D. Mayor’s Office: Appointment of Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission E. Resolution No. 16-1176: A Resolution Appointing Edward Landis to the Meridian Historic Preservation Commission; Appointing Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission De Weerd: Item 7-C is the appointment of Ed Landis to the HPC Commission. We -- we did interviews last week in regards to the Parks and Recreation Commission openings and Ed also had an interest in the History Historical Preservation Commission. So, Council, if you have any questions I'm more than happy to -- De Weerd: Otherwise, I will move to 7-D and here we do have the -- the three candidates to fill the three Parks Commission openings. We do have one of the candidates here and I will see if she would like to comment after you approve the resolution. Council, any questions on either items 7-C or 7-D? Meridian City Council November 1, 2016 Page 5 of 18 Little Roberts: Madam Mayor? De Weerd: Yes, Mrs. Little Roberts. Little Roberts: Debbie Shaner wanted to send her apologies for not being here tonight. She is one of our key people in the YEA! program, which is also on Tuesday nights. De Weerd: Yes. And Hannah -- I think you probably all know that Hannah was the youth representative and she is really excited to continue service with her three year term and she will continue to have a lot to add . Debbie Shaner does have -- she's the director of operation for a Meridian business and she's been involved with the Chamber of Commerce, with the Young Entrepreneurs Academy, with the Rocky Mountain High School football team and various others. Boy Scouts. You name it she's been involved. She is 110 percent engaged in everything that she gets involved in . So, watch out, Steve, she's coming. And Jessica West is a young mom. She is a veteran. She has project management experience and is really interested in helping find efficiencies as we continue to develop our parks and she feels that that is a real asset that she can bring to the commission and so I would ask if there are any questions . Okay. Mr. Clerk, will you please -- oh. Please be ready to call roll on these other items. De Weerd: So, Item 7-E is Resolution 16-1176 and that is to approve the three seats for the Parks and Recreation Commission. Little Roberts: Madam Mayor? De Weerd: Yes. Little Roberts: I move that we accept Resolution 16-1176. Palmer: Second. De Weerd: And that also approves the appointment to the HPC as well. So, I have a motion and a second. Any questions? Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 7-F is under parks department -- oh, yes. Hannah. Sorry. Just ripping through this agenda. Meridian City Council November 1, 2016 Page 6 of 18 Sturtevant: Thanks, Madam Mayor and Members of the Council. It's very exciting to witness my appointment and I appreciate this little chance to introduce myself to you, if you don't -- I like to see your faces and I've seen you around, but I hope to see more of you in the next couple years. I will be a student at Boise State and plan to double major in economics and political science and this is a great opportunity for me to get experience relating to my majors with all of you. So, thank you. De Weerd: And what we can say is we had an influence on the future that Hannah has selected in our study and we know she's going to go extra effort to make sure that she fulfills the expectations as a commissioner, but also in life. Excited to see what you do. Sturtevant: Thank you. De Weerd: Thank you for being here. F. Resolution No. 16-1177: Adopting Updated Parks and Facilities Naming Policy and Procedure De Weerd: Okay. 7-F is under our Parks Department and I will turn this over to Steve. Siddoway: Madam Mayor, I was trying to get it to come -- C.Jay, I may need your help. It's showing up on the wrong screen. I can do it from there. Here, while you do this I will go start talking. Madam Mayor, Members of the Council, while we are trying to see if we can get it up as a -- the presentation, I will go ahead and get started. This is a -- this is really just a cleanup item for an already existing policy. The park naming policy that's already in place was adopted in 2007. When we went through the process of naming Rita Husky Park this summer -- early this year, the commission found some things they thought were outdated and they wanted to clarify some things, such as wanting more biographical information with any proposal for naming that comes in. That was, really, the driving force that -- that started this and, then, they just reviewed the entire policy and came back with some recommended changes. So, why don’t we just do it from here and, then, go on to slide number two -- and I have just got two slides. What's different and what's the same from what was already adopted. So, first and foremost what is different from what was already there. First of all, it clarifies that proposals for naming a park after a person need to include biographical information and describe their connection to the park or to the city, so that an informed decision can be made as to why it's being named the way that is proposed. Second it has a -- a process in there that has never been used for a temporary naming process, which is kind of hard to imagine why one would want a temporary name, because once you name something it tends to stick. So, we simply removed the temporary naming process. It clarifies that any Meridian City Council November 1, 2016 Page 7 of 18 donations of parks are, of course, subject to -- to Council approval, it's not just a given, and that a donation of a park establishes the donor's priority for proposing a name, but it still has to go through the process. It's still subject to -- to approval. It used to use the name -- the term naming rights and we changed naming rights to naming priority, just to help clarify that. And, then, the last item it removes the distinction between naming neighborhood and community parks. It had this weird percentage system in it that if you donated this much of this size of a park, then, you could have naming priority. We just said, look, it's all or substantially all and the commission can make a determination on whether it meets the criteria of being substantially all or big enough donation to warrant it. So, what is -- go ahead and click on the next -- the lower one. What's the same. This was already in it and we kept it. It says that park's name that are proposed should reflect community values and consider future generations. Parks are not to be named after subdivisions. We have learned that a couple times early on that it creates confusion as to whether it's a private park that belongs to the HOA or whether it's a community park that belongs to the entire city, so we want to avoid that and, then, we kept the process the same. If someone has a proposed name there is a subcommittee of the Meridian Parks and Recreation Commission that will review it and make a recommendation to the full commission. The commission will, then, review it, take public comment, and make a recommendation to Council and, then, Council has the final decision. So, that -- those are the proposed changes. The Commission discussed it at their meeting just the last month and passed it unanimously as a recommendation to Council and I'm here to present it to you tonight and request your approval of the updates to this naming policy. I will stand for questions. De Weerd: Thank you, Steve. Council, any questions? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we accept Resolution 16-1177 and adopt the new policies regarding naming parks. Bird: Second. De Weerd: I have a motion and a second to approve Item 7 -F, Resolution 16- 1177. Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council November 1, 2016 Page 8 of 18 Item 8: Community Items/Presentations A. Historic Preservation Commission: TourBuddy Digital Walking Tour De Weerd: Item 8-A was requested to be vacated from the agenda , so we will reschedule it when the presenter can be in attendance. B. Budget Amendment: MADC – Office of Drug Policy Grant FY2017 Approved De Weerd: And move to Item 8-B. Good evening, Lieutenant. Colaianni: Good evening, Madam Mayor, Members of the Council. I will be as brief as possible. So, a couple things are in front of you tonight. One is I'm going to ask for a budget amendment for a grant for spending authority and, then, two, I have brought Cheryl Mulvihill here and Kendall Nagy and they are going to update the Council on everything MADC and what's been going on this year. It's been a very busy year. Kendall is now about 18 months into her job and so I think she's pretty solid on their feet and so -- I will say this. I'm blessed to be surrounded by good staff and so I don't want to take anythi ng away from them, I will let them do that part of the presentation and I will do the nuts and bolts. But they are great people. So, kind of backing up. I'm looking for spending authority tonight from the Council and we are in our third year of a four year SPF SIG grant through the Office of Drug Policy and typically the way this happens is we are awarded the grant year to year and it comes after June outside of the budget amendment process for the city and so it's -- there is a delay each year and next year I will be back here having the same conversation, but late June we get the award letter for the next year. The grant -- this particular year the grant is 99,814 dollars. There is also some roll-over money that we are taking from year to year and that's 31,927 dollars. The carryover we are looking to put that into media promotion, radio and TV, for school activities and I will have Kendall talk a little bit more about this, but this is a net revenue neutral item . We are just looking for the spending authority to continue on with the grant for our third year. Next year, obviously, it will be the last part of our grant. This grant does not fund a full-time FTE at all. That is funded by the city. So, when the grant dissipates and we move on to a different grant, we still have that position. There is -- it's still funded -- the FTE is still funded in the General Fund and, again, it's revenue neutral. So, I'd stand for any questions. De Weerd: Any questions from Council? Bird: I have none. Milam: Madam Mayor? Meridian City Council November 1, 2016 Page 9 of 18 De Weerd: Mrs. Milam. Milam: I look forward to the presentation. I move that we approve the budget amendment for MADC for spending authority in the amount of 131,741 dollars. Bird: Second. De Weerd: I have a motion and a second. Any d iscussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: Thank you. MOTION CARRIED: ALL AYES. De Weerd: Hi, Kendall. Thank you for joining us. Nagy: Thank you for having me, Madam Mayor and Council Members. It's a pleasure to be here tonight and give you another little update. I heard there was a request that was made and I wanted to start off -- I have a little bit of a presentation. I will go into some of the media that we have produced for the Natural High campaign that a big chunk of that funding will go towards. It allows us to do some pretty neat things out in the community and we have tied it all up nicely to trickle down to the individual students in the schools , so -- typically when I speak to -- whether it's children or adults I usually start out with my adults. I will ask who had a cup of coffee this morning. I sure did. So, I like to start out and I like to bring to our conscience how it is that we consume drugs and make choices about drugs. Coffee is not a drug, but it has caffeine in it and we tend to take for granted the different decisions that we make as adults throughout the day in our lives that revolve around drugs and use and so I tend to start some of my presentations that way to make them more cognizant of those choices and that we need to demonstrate responsible use and actually communicate that and how -- how it is it that it's responsible to use. So, I wanted to give you a little demonstration of that. Hopefully -- I don't remember how this works. Okay. Piece of cake. So, right here I have the strategy that we use in the coalition throughout the community and with this gran t that we have right now, the strategic prevention framework state incentive grant, these are seven of the strategies that we use and we have different programs and activities that correlate with these strategies and throughout having a wide variety such as these, we try to make a more comprehensive prevention approach throughout the community. For example, the modified change in policies -- one of the things that we are watching right now is there will be a CBD oil bill that's brought to legislation this next legislative session and that is for the pro medical marijuana. Meridian City Council November 1, 2016 Page 10 of 18 It's an oil to treat people for medical ailments with marijuana. I have not seen the exact bill myself, but I have heard from Idaho Office of Drug Policy that that will be going through and -- for vote and so I will, at the coalition level and within the community of Meridian to, then, take whatever information that I got and educate coalition members and, then, community members as we work throughout the community. So, that's just one example of one of these strategies and what we are currently doing. We have things that we are doing for each of these, but I won't have time to go into all those. So, that brings me to my next topic, which hones in on the Natural High campaign and it has been really fun to work with and is -- the most rewarding part of it is seeing the individual students and citizens -- making that personal connection with them and how the campaign has affected them and how teachers are choosing to use it in the classroom and so this falls under -- as far as the grant terminology, this would be providing information and I have highlighted it there, that it's -- that includes media presentations and, then, there are examples, obviously, listed there. We will see if this works. I'm not great with PowerPoints, but I thought it would be cool to have one of our eight radio ads here. So, I'm going to give this a go. (Radio ad played.) Nagy: So, that is one of many radio ads that we have. We are working with Impact Radio and we have recorded six different ads that are along those lines to correspond with the Natural High program and they chose and identified the youth that they thought would be good candidates to do the voice -overs for those. Perhaps you have heard them. I have, thank goodness. It was like I was waiting to make sure we are getting our money's worth. So, what we have done is taken the campaign -- and it's on the front page of our website and those two youth -- some of you might know them, Katie and CJ. Katie is now away at boarding school. She was an ice hockey -- pro in my eye -- and that's her natural high and she shared that with us and been a part of our campaign and CJ, she is sixteen and she is part of our coalition. She's our youth sector rep and she -- the blonde -- long blonde hair -- racing. She races cars at Meridian Speedway and it's quite impressive the -- the crowd that she runs with in that profession and that world. She's been racing since she was -- I believe five or six. So, that's been really fun to have them be a part of that . So, then, the -- we have a Natural High page that's specific to the campaign and on there we have free drug prevention resources. Several videos. That is a link to the actual Natural High's website. They are based out of California. It's a non-profit. A gentleman that lost two of his younger brothers to drug abuse started it to try to turn around those negative impacts that that had had on his life and changed the lives of others and so we also have some information on there relating to Meridian and how it came to our community from California. So, now I'd like to play for you the full length Natural High video that we had produced. Sideways Productions helped us put it together. We worked really closely, as we do with all of the work that we do with West ADA School District and our school resource officers, just broadening our reach and our impact throughout the community in our prevention work. The Meridian City Council November 1, 2016 Page 11 of 18 school resource officers help identify some of the youth that they thought might be good candidates to be in the video and participate in the campaign and there was also a certain amount of verification. We wanted to make sure these kids were making good choices and cognizant of what they would be representing as part of the campaign. So, that was, obviously, very important and while there aren't any guarantees, we did the best that we could to select some good youth and there are many in here and this is a combination of youth from Meridian and Boise. See if I can find the -- oh, dear. I don't see my play button. What should I tap? Anybody have any tips? I'm not going to give up on this one. It should be right -- there should be a bar right underneath. Oh, there it is. Thank you. (Video played.) Nagy: Super cool, right? So, I bet you didn't realize that you were going to watch like a feature length film. We also have -- we have it -- so we -- so, on the MADC website, obviously, the front page we have links to the Natural High page within the MADC website and, then, to the curriculum that I mentioned as well. Natural High out of California has a Common Core aligned curriculum that can be used along with this and, then, these two videos that we produced here in Idaho are also linked on the MADC web page. So, one of the things that we found with Red Ribbon Week just finishing up and, yes, my head is still spinning. It was successful and busy and fun and a lot of work. There were a lot of schools that chose to tie their curriculum to the Natural High campaign and use some of these teaching tools and media that we had produced along with it and so they can show these videos directly from the MADC website and, then, of course, that helps, because, then, we can bring people to it and they can, hopefully, check out some of the other things that we offer there . This next one -- De Weerd: And they have shorter versions. Nag: They do. Yes. Thank you. I actually took note of that and, then, forgot it yet again. So, there is a 30 second version of the faster clip, the middle clip of that video, and that one is the one that's being aired on Channel 7 and we have partnered with them and they are -- they have a full media campaign meaning TV and social media and their Friday night high school sports program is where the -- it's not like a sponsor, but we have partnered with them and they are showing the video then as well and I have seen it a lot on the news in the morning when I'm getting ready for work. So, yes, there is a shorter version. So, this here is a picture that illustrates, again, bringing those pieces together and all this work and going from National Prevention Week to California and, then, here to Meridian and, then, into the schools working with these kiddos. This was at one of the schools in West Ada School District that we were at doing a -- Monte Stiles, one of our coalition members, was doing a drug prevention presentation for Red Ribbon Week. Healthy minds and healthy bodies. It was elementary. So, he has a little bit of a difference curriculum that he delivers for those ages of kiddos. And this was in their cafeteria. This was a big bulletin board. I didn't get full Meridian City Council November 1, 2016 Page 12 of 18 pictures of all of it, but that had pictures of the teachers with their natural highs and, then, you can see those like little pocket there and they had those orange pieces of paper that said my natural high and so the kids got to write down what their natural high was. The teacher -- and that said ice skate and rollerblade at the Rollerdrome with my dad. So -- and they were all the way around the cafeteria. It was super sweet. So, that made me happy to see. So, this here is just a slide to give you just a few numbers since I was here last. It's been about six months since I gave you an update and some of the different increases that we have seen. Our coalition membership -- actually I correct me. That's not since I was here last. But in 2015 comparing our coalition membership numbers of about a hundred, it's now -- we are looking at 170 and we try to keep track of that by how many people have requested to be on our e -mail distribution list. So, they get -- I promise that I will only send them two e-mails a month. Yes, they might be very lengthy if I have to cram everything in there. And so we -- that's one of the ways that we come up with that number . The 50 plus events per year, this has also grown. I checked this last year and it was 30 and now that things are rolling and we are fully staffed and we have got signs, we are super busy. Thank you for all the support. We are always very cognizant of that and the fact that we are working here for the community members. So, includes city community events, such as Cable ONE Movie Night and the community block party. Always super fun. The Cable One Movie Night we were able to show the video and the Natural High campaign, so that was super fun. We also are at events like Coffee with the Mayor and the town hall -- to the city events as well and, then, examples -- and there is more. These are just examples of a few. I can't list all 50 right now. Red Ribbon Week, back to school night, parent-teacher conferences and spring safety flings. And, again, our partnership with the school district and the school resource officers is just crucial and we are super grateful for that, expanding our reach and strengthening it at the same time . And, then, there is other events that are coalition specific, like our Reality Party for parents and our Recovery Day Breakfast. And, then, we also, of course, have our monthly meetings. So, lots of -- lots of different activities throughout -- throughout the year for people to get educated and involved and participate i n strengthening our community. We also just finished up Red Ribbon Week as I said. The 1,953 students, that's just from presentations that were either MADC members, such as myself, Monte Stiles, and that's students and some -- that includes some parents for Not My Kid presentations where I do a one hour presentation and, then, talk about using a free drug test as a positive prevention tool to kind of team together and help some of the kids that might feel like they might succumb to peer pressure when it comes to drug use that they might face. We also had a K-9 demonstration. Those are always popular and super fun. And, then, we had 450 Meridian youth attend the Drug Free Idaho rally at the Capitol steps, which is always fantastic as well. They have done a great job with that. So, that's my update for you guys and I stand for questions. And some cool pictures. De Weerd: Mr. Bird. Meridian City Council November 1, 2016 Page 13 of 18 Bird: Kendall, thank you guys for everything you do, you and your staff, and the whole deal and, Mayor, I want to tell you that this is probably -- you have put in some awful good programs. They are all good in fact. But this MADC has probably been one of the best community program s that you have put in this since you have been Mayor and I appreciate that as a community person. Thank you. De Weerd: Thank you. But it's very obvious it takes good people that are passionate about it and really carry the water. It's -- it's really gratifying to see this have its own momentum and passion and it certainly starts with you and Cheryl. I -- you went to the recovery breakfast and -- did any of the rest of you go to that? I will tell you, that was -- that was heavy. Oh, my gosh. Cheryl -- big -- big win on -- on the presenter and bringing to the surface the challenges between both -- I think addiction and mental health. They go hand and glove often and that was -- that was a real impactful morning. Celebrate Recovery has been a huge thing with MADC taking the lead on bringing some really heavy topics to the forefront and that was -- that was hard-hitting. So, thank you for -- for that event. I did want to find out how the Reality Party went last weekend. Nagy: Madam Mayor, thank you. It went well. We had a good turnout. We -- with any event or program that we put on I'm always looking at what we can do better and to improve and so, actually, situations like this where I come and give you updates are good, because it helps me reflect on your successes and Reality Party was one of those. We got lots of great feedback. I had some calls waiting for me from Saturday when I got in on Monday morning with -- sparking questions, an increase in people that wanted to be on our e-mail distribution list and get involved in the coalition and so -- and the other great part of that is that they are -- working in a topic like this that involves many other aspects and also a lot of passion, there will be some naysayers and I figured -- also talking to Elisha Figueroa that I'm not doing a good job until I start to hear some of those and I'm starting to hear some of those. So, I think we are doing well and it was really nice to have the youth at that event acting for us. We had local youth that -- we couldn't do it without them and it certainly -- it would not be the same event if it were adults acting that out, obviously. It wouldn't work. So, that was really nice and we did post some pictures to our Facebook, as we do with lots of training opportunities and all the public events that we do. And we had a naysayer that commented on the kids acting in that and I actually am getting better at taking that as a positive in that they are checking our stuff, they are following along and paying attention and just point of conversation. And so as those pick up so far as I take them in stride, but I also know that that's just generating more conversation, which is what we are here to do. So, it was good. Thank you for asking. De Weerd: Any questions from any of our other Council Members? Meridian City Council November 1, 2016 Page 14 of 18 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A couple of questions. Couple questions. Earlier you talked a little bit about MADC's roll with some pending legislation and I was hoping maybe you could go a little deeper in that. Is it the intent that MADC is going to be making some recommendations on potential legislation that could be coming down the pike? Nagy: Madam Mayor and Councilman Cavener, we are following what happens at the state level with the legislation and we have been in formed from the Idaho Office of Drug Policy that there will be a -- there is a bill that will be brought to legislation that relates to the CBD oil, which is the -- yeah. CBD. Which is the medicinal marijuana and we have found from neighboring states and across the country that the route to legalization is to start with medical marijuana and , then, lead to recreational. Again, our role is to help educate community members. As I get the information in and share it, so that we can have that conversation and so city leaders and decision-makers are educated on the topic and it is a difficult one. It makes my job difficult in that there is a lot of information out there and it can be hard for people to decipher what is the right information and I will tell y ou standing here today that I would hope that Idaho will choose to wait and continue to learn from neighboring states before we make any changes or decisions relating to this. There is not enough information. We have a long list of things that we don't know, which is very crucial and important as we go forward and we need to wait and see what is learned from neighboring states and some of the -- one simple quick example is enforcement and DUI. We can't measure when you're impaired and driving with THC and marijuana like you can with alcohol and that alone is a logistical nightmare. So, those -- and that's just one little teeny tiny small portion of the topic. Does that help answer your question? Cavener: It does. It helps a lot. Thank you. Milam: The CBD oil -- and I'm not an expert on this, so I'm really asking, because -- isn't that the oil that helps with seizures that does not have THC in it ? It's not like legalizing marijuana. It's legalizing something that helps kids with seizures -- or is that -- am I mixing up things? Nagy: So, Madam Mayor, Councilman Milam, so the CBD oil -- the problem is, again, with enforcement. So, places that said that they have gotten CBD oil and it doesn't have THC, it's -- there is no assurance of that, because it's not mandated and it's not regulated at this point . So, where a business owner might say that they have CBD oil to help with seizures , whether -- if they get it -- whoever their -- let's say wholesaler. Hopefully I got the terms right here. Business terminology. Has said there is no THC in it, it's -- it's for seizures. It's medical. And, then, they put it on their shelf and they sell it based on that. Well, Meridian City Council November 1, 2016 Page 15 of 18 we are running into problems where whether or not -- how do we test that and how do we know. So, the business owner has said, well, I -- you know, I didn't think it had THC in it and we have actually gone in -- there was a business here in Meridian that had it and we went in and inquired and tested a sample of it and it did have THC in it and so these are -- these are all the logistics and the policy that still -- we have so much to work out. And, then, on the lines of the CBD oil, there is pharmaceutical grade CBD oil and FDA approved studies that are taking place. Idaho is participating in one of those . And there are more than 20 across the United States and, like I said, we need to hold off and we need to wait and learn. It's too soon to make any move that could jeopardize a lot in our communities. If any of you have traveled to some of these communities that have legalized, it has completely changed the culture in those cities. De Weerd: Anything further, Mr. Cavener? Cavener: Sure. Madam Mayor, one addition question. The video -- and I think Councilman Bird touched on it -- it is remarkable. Beautiful. I was captivated by the imagery. I'm hoping you can talk a little bit about who the target audience is and I think you kind of went down there a little bit with some of the questions the Mayor brought up, but I guess if I'm finding it -- my nine year old has informed me anything that I think is cool anymore is now no longer cool. So, I'm wondering if -- if I think that this is incredible -- is the target audience finding it to be as incredible. Nagy: So, Madam Mayor and Councilman Cavener, to address that question -- I love that you brought that up, because this speaks to all generations. This isn't just one target audience. And that's a difficult thing to keep it broad like that . It's applicable to all and what we like to do is bridge that gap where your child might not be interested in your interests. We want to bring back sharing some of that. Some of the still shots in there, you might not even know what those are, but if you talk to the youth they could tell you that it's Parkour or some of the yoga and some of the other sports and activities and natural highs that they could introduce you to that you didn't necessarily know and, then, some that perhaps you have and having that conversation and opening that up. So, it's not geared to one. We want -- this is a conversation that needs to be had by everyone and that was the point of the -- the video. Cavener: Great. Thank you. Nagy: You're welcome. De Weerd: Well -- and I love the -- the ending is the majority of youth in Idaho do not take drugs. Nagy: Absolutely. Meridian City Council November 1, 2016 Page 16 of 18 De Weerd: And that's what -- the teens that have been involved with MADC have mentioned is why do we always focus on the percentage that make the wrong choices and not celebrate the youth that are making good choices and this really does and it shows that drugs aren't needed. You can -- you can achieve that adrenaline rush in other ways and so it's a real positive way to approach it . Anything further? So, thank you for the update. I had told the chief we really need an annual update. We want to know what's going on in our communities and how you're impacting them and reaching out and helping them develop tools to make those good choices. So thank you. Nagy: Thank you for the opportunity. It was a pleasure. Item 9: Action Items A. Public Hearing for THIRD READING: Ordinance No. 16- 1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.B (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O’CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE De Weerd: Okay. Item 9-A is the third reading of Ordinance 16-1709. Mr. Clerk, will you, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1709, an ordinance amending Title 4, Chapter 1, Section 8-B-1, Meridian City Code, collection of solid waste and recyclable materials, to change the collection at commercial premises to commence at 4:00 o'clock a.m. and providing an effective date. De Weerd: This is a public hearing. Is there anyone who would like to make comment on this item? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we closed the public hearing on Ordinance No. 16-1709. Bird: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. Meridian City Council November 1, 2016 Page 17 of 18 MOTION CARRIED: ALL AYES. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1709. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Future Meeting Topics De Weerd: Council, any items under ten? I will tell you that we do have a few upcoming events. We do have a court facilities presentation at the Ada County Courthouse on Friday, the 4th, from 1:00 to -- whenever. Says 1:00 to 4:30. Saturday, November 5th is the Veterans Day Parade in downtown Boise. It starts at 9:30. Tuesday, November 8th, at 2:00 p.m. is an important milestone event for the Idaho College of Osteopathic Medicine. They are having their community presentation for site accreditation at ISU. There is no City Council meeting next Tuesday. It is on Wednesday instead. Wednesday, November 9th, as well is the Kuna state of the city at 5:30. Friday, November 11th, there is a veterans celebration at the Rock of Honor at 11:00 p.m. a.m. Sorry. Not 11:00 p.m. 11:00 a.m. Item 11: Executive Session per Idaho State Code 74-206(1)(f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation De Weerd: Item 11 is Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council November 1, 2016 Page 18 of 18 Bird: I move we go into Executive Session as per Idaho State Code 74-206 (1)(fl• Borton: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (6:54 p.m. to 8:20 p.m.) Bird: I would entertain a motion to come out of Executive Session. Milam: So moved. Cavener: Second. Bird: All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES. Bird: I would entertain a motion to adjourn? Milam: So moved. Cavener: Second. Bird: I have got a motion and a second. All in favor say aye. Any opposed? MOTION CARRIED: ALL AYES, Bird: Good night. MEETING ADJOURNED AT 8:20 P.M. ;�ADIO REC Dlly ON FILE OF THESE PROCEEDINGS) DATE APPROVED ATT-. o�o��ep C. MY C LES, CITY CLERK w cry 0t E IDIAN*-- IDAHO crib ,SEAL yw a Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Apporve Minutes of October 25, 2016 City Council Regular Meeting MEETING NOTES M APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council October 25, 2016 A meeting of the Meridian City Council was called to order at 6:03 p.m., Tuesday, October 25, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, Keith Bird, Genesis Milam, Luke Cavener and Anne Little Roberts. Members Absent: Ty Palmer. Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Caleb Hood, Kyle Radek, Mike de St. Germain, David Jones, Steve Siddoway Dave Tiede and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts X _ _Joe Borton ___ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X Mayor Tammy de Weerd De Weerd: I will go ahead and open tonight's meeting. I will thank you all for joining us. For the record it is Tuesday, October 25th. It's a few minutes after 6:00. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. Tonight we will be led by one of our Boy Scouts, Kayden. Kayden, if you will come up front and Kayden will be leading us in the pledge. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Michael Davey Pearson – Meridian Seventh Day Adventist Church De Weerd: Thank you very much, Kayden, for leading us. Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson. He is with Meridian Seventh-day Adventist Church, a great community partner of ours, located off of Black Cat. Thank you for joining us. If you will all join us in the invitation or take this as an opportunity for a moment of reflection. Pearson: Thank you. Father in Heaven, this evening we want to thank you for Mayor Tammy de Weerd and the City Council Members here and absent, Meridian City Council October 25, 2016 Page 2 of 26 support staff and all those present for the amazing value that each one brings to this community. And, Father, as a Meridian Community we recognize your name and your authority. We ask for your guidance this evening that all matters discussed and decided on will be to the vindication of your character, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Item 5-M on the Consent Agenda has been asked to be removed and it will be known as 6-M. And Item 7-B, the applicant is not available for tonight, but would like us to go forward if we don't feel we need him to speak to us and in that same deal Item C, the applicant is requesting to withdraw the item and with that I move we approve the amended agenda. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. Approve Minutes of October 11, 2016 City Council Regular Workshop Meeting B. Approve Minutes of October 18, 2016 City Council Special Pre-Council Meeting C. Approved Minutes of October 18, 2016 City Council Regular Meeting D. Final Plat Approval for Paisley Meadows (H-2016-0117) Located at 2180 E Amity Road by Hayden Homes, LLC E. Approval of Award of Bid and Agreement to SUNSHINE LANDSCAPE for the “TEN MILE INTERCHANGE MEDIAN Meridian City Council October 25, 2016 Page 3 of 26 SOUTH - LANDSCAPING” project for a Not-To-Exceed amount of $70,562.00. F. Approval of Contract Amendment No. 1 to extend the contract for “Sodium Hypochlorite” to Oxarc, Inc. in the Not-To-Exceed amount of $90,000.00. G. Approval of Contract Amendment to extend the contract for “Bulk Ferric Chloride” to BHS Specialty Chemical Products, Inc. in the Not-To-Exceed amount of $100,000.00. H. Approval of Agreement to Mercer Health for "Benefits Brokerage and Consulting Services" for a Not-to-Exceed amount of $50,000 I. Service Agreement with St. Luke's Regional Medical Center, Ltd. for Wellness Services J. Services Agreement with Idaho Chapter of the American Foundation for Suicide Prevention K. First Amendment to Commercial Real Estate PSA for Well #9 Lot Expansion L. Approval of Task Order 10625.a to Hydrologic Inc., for the “Well 15 Reconstruction Design” for a Not-To- Exceed Amount of $51,000.00 De Weerd: Item 5 is our Consent Agenda. Bird: Madam Mayor? De Weerd: Mr. Bird: Bird: On the Consent Agenda, as stated earlier, 5 -M will be moved to 6-M and with that I move we approve the amended Consent Agenda and for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as stated. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, absent; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. Meridian City Council October 25, 2016 Page 4 of 26 De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Items Moved From the Consent Agenda M. Approval of Award of Request for Proposal and Agreement to Valcom Salt Lake City, LC for the “City of Meridian City Council Chambers Technology Replacement” Project for a Not-To-Exceed Amount of $299,632.93 De Weerd: Item 6-M was moved from the Consent Agenda and I know that Council wanted some additional information and Dave Tiede is to address Council. Tiede: Good evening, Madam Mayor, Members of the Council. Happy to be here again before you. There were some questions about this award for the Council chambers technology refresh, but I wanted to start a little bit at the beginning and discuss the RFP briefly. So, as mentioned before, we sought the approval for spending monies earlier this year. We asked for spending authority for the full 428,000 dollars, but we had a projected cost of 300,000 dollars for this project. That's where we left off at. You should have before you a document that gives the scoring criteria that was used . It's a little bit brief, but it covers the four responders that responded to this proposal and the scoring that was given to them based off of the eight members of our project team that helped score that RFP. So, if you have any questions let me know, but those are the four that responded. The questions that were brought up -- or brought to my attention thus far were brought by Council Member Cavener and that was in regards to the conference room A and B that are mentioned in the proposal, the green room, Community Development conference room that seats 12 and the lobby. So, to give you some background, we are replacing the main AV components that are in the closet that control everything in this room. There are a couple other rooms that those same components also serve that is this conference room, which is one that I forgot to mention just now, because that's on there as well. That one. The community development conference room across the hall and down a ways, 12, and then -- I think that's it. So, those two rooms were included in it, because if we rip out the guts of this system those rooms cease to function. Their AV systems don't work period. There is no hardware that we can bring to make them functional, because the hardware is outdated and it's not sold any longer. So, we felt it was important to maintain the functionality that in the conference room for the Council as far as the TV, the projector to be able to see presentations and the same thing goes for the Community Development conference room. So, we included those just so that we don't lose that level of service that we have in those currently. For conference rooms A and B we felt -- or we heard from many of the people that we discussed the chambers with and Meridian City Council October 25, 2016 Page 5 of 26 we heard that many people felt it would be valuable to have conference room A and B available as overflow for larger meeting events , so that people had a place to sit. When this room gets filled up people tend to congregate in the lobby. Well, if we could have them congregate in A and B as well to have a place to sit, be comfortable, for those larger meetings that are more publicly, you know, attended. So, that's why that was included for conference room A and B. If we don't include it, then, it, obviously, makes it really hard for us to get the audio and video over there. So, people won't be able to do that. And, then, that lobby itself was included, because, obviously, we have audio feeds out there right now. We have to make sure that that -- we maintain that. And, then, the TV in the lobby also is used for agendas and things like that, so we need to make sure that that's addressed and the TV is going out, so -- the TV ended up needing to be replaced as part of that. As far as the green room goes, that was included because that is where we have the streaming equipment. There is no other equipment, other than a new streaming device and a new Mac that will be used for video editing . So, with that I would stand for questions and if you'd like more information on the proposal I'm happy to go over it in more detail, but also want to be respectful of your time. De Weerd: Thank you, Dave. Council, questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe it's a question for Dave or Jaycee or C.Jay about how often conference room A and B are used as -- as overflow for council meetings. Does that happen -- I can think of a couple of occasions, but I don't want to paint with broad brush strokes based on what I'm able to recall. Coles: Madam Mayor, Councilman Cavener, since I have bee n the clerk in the two short months I have been here we haven't used that as overflow, so I will defer to Jaycee. Holman: Madam Mayor, Members of the Council, Council Member Cavener, I would say maybe three to four times a year we have had big enough stuff in there that IT comes down and actually tunes in that TV so that the audio is -- or the video and audio are in there. That's probably about -- I would say maybe three, possibly four times a year if that. De Weerd: Well -- and that's for the overflow, but there is a lot of meetings that use the technology in that room that because of the capabilities over there it's been a staff time issue. Tiede: And, Madam Mayor, Members of the Council, Council Member Cavener, one thing I neglected to mention that I also wanted to mention here conference Meridian City Council October 25, 2016 Page 6 of 26 room A and B right now are stand-alone, they don't integrate with this system, but the system that is over there is having functionality problems. When we have to troubleshoot it's a matter of power cycling the device and hoping it comes back up. There are issues in there. So, while that's not part of this project, addressing those issues they kind of go hand-in-hand and they would be addressed as part of that, so -- De Weerd: Thank you. Cavener: Madam Mayor, follow up then. Dave, maybe, then, just for my clarity, what rooms are tied to the system that we currently have and that are required to stay connected to this new system, I guess to the point of -- if a conference room in Community Development is tied to this system and that's created some unneeded cost burdens, does it make sense to have that be its own independent AV setup, as opposed to being tied to this system for future problems? Tiede: Absolutely. And as part of this we actually are putting it on its own standalone system for that conference room. The other rooms that tie in are the Council conference room here and, then, obviously, the green room for just the streaming side of it. But Community Development 12 is the only one off that kind of is like, well, that doesn't really make sense, why is it in there in the first place. But we are separating it out, so that we don't have that problem in the future. Now, if we bring Community Development -- or conference A and B in, then, we would, obviously, be bringing that into the system and that could potentially bring up this type of issue again, but the design of the system and the -- I guess -- I'm trying to think of the word. It's a flexibility in the hardware, means that if we lose a central component here, they are still able to run. De Weerd: Dave, I thought that conference room A and B were tied into the Council chambers for the overflow. Tiede: The TV is and it's that small TV that's in there, but not the rest of the projectors or the sound system. So, when they listen it's actually over the TV speakers and that's probably the reason why we thought it would be beneficial to have it on the projector, over the speaker, rather than a little TV that everyone hopes they can see from anywhere in the room, so -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Dave, they are taking out all these nice TVs and stuff. What happens to them? Meridian City Council October 25, 2016 Page 7 of 26 Tiede: Per our disposal -- I think the disposal policy that we have the option of including in a contract that they take them and do with them what they will for disposal and that's what we included in this agreement , so -- Bird: They take them, no credit back to us? Tiede: They included a credit line -- a discount. Bird: A line item? Tiede: It's not a line item on here however, so -- Cavener: Madam Mayor, maybe a comment if I may. The reason why I asked first to pull this off is that, again, to my recollection that I couldn't find a copy of the minutes that when this project was brought to Council's attention it was to upgrade the infrastructure of this particular room to be able to aid the public in attending our meetings and in going through the bid project in my opinion it had expanded far greatly than what we had discussed as a Council and I had asked it to be removed solely so this body could have the opportunity to discuss and if the expansion of this project is -- is what the Council believes is necessary and warranted, then, staff can go forth, but I felt it was important that we at least acknowledge the great expansion of the scope of this project from what was initially presented to us -- rightfully so based on the requirements of the project, but I think it's important for us to know. Personally, I struggle that we are giving away perfectly good screens that we could utilize in our other departments. I can't think of a budget that has went on that I haven't seen a request for a television or a projector of some kind for some department. I think that we can be frugal and utilize existing functional technology and, then, quite frankly, I struggle with the fact that we are ripping out one system that has the potential to serve current needs to replace it with a brand new system that -- with a promise it is going to meet all of our future needs. I would imagine that when this body agreed on the current system that we have it was with the promises that it would meet our current and future needs and it's fallen woefully short. So, the only reason to bring this up was so that you as a Council can have the opportunity to weigh in if you think this is the right direction or if the scope of the project needs to be scaled back. Milam: Madam Mayor? De Weerd: Ms. Milam. Milam: My microphone wasn't on. No wonder you couldn't hear me. Now I'm trying to remember my question. So, I guess one thing that just came up is we -- so we currently have the equipment for the planning department, but it's in here and since we are taking it apart, but could we not move that equipment, so that it Meridian City Council October 25, 2016 Page 8 of 26 would still have the functionality for that conference room or does that have to be replaced? Tiede: Council Member Milam, we could potentially move them in there. The space would be an issue and, then, the fact that the hardware is already starting to fail and is not supportable would probably cause us to just be in the same boat in, you know, a quicker time than what we would hope for. But that's not to say that's not a possibility. We would have to find space first of all because there is a lot more equipment in that room -- or in that rack right now than what they need, so -- but it's, unfortunately, all part of the same system, so we can't just piecemeal it together. Milam: Madam Mayor? We have a line item for 18,000 dollars for travel. Can you elaborate on that, please? Tiede: I can. If I can get my device to respond. Hold on a minute. I don't have it in front of me, but I'm trying to get it up. They didn't quantify it, but on the original proposal it actually has more than just the travel and additional ly -- or whatever, so I will see if I can get that up. Milam: I guess just to elaborate on my question, we were -- I think what you -- last week or whenever we discussed this recently, we were using a local company, so -- De Weerd: No, the question was the need to travel to Salt Lake City to see -- Tiede: Right. De Weerd: -- the equipment and make sure that the functionality works as envisioned and as decided before they moved it up here, if there were any needed changes, that they could do it while it was still there. Tiede: Right. And like I mentioned in our e-mail, they do have a local office, absolutely, but they are not a local company. I thought I mentioned that at Council meeting last week, but I apologize if I didn't. Milam: You did mention Salt Lake. That's what that 18,000 is? Tiede: Yeah. And it does not cover just travel. They just -- it's not itemized on here. There was a slight error in how it is displayed on the contract. De Weerd: So, maybe, Jaycee, you can -- can cover -- I think when this was first originally discussed it was about Council chambers. It expanded when there was a desire to have a more interactive opportunity with workshops, like the budget workshop, that included this, that, then, affected the streaming and the camera angles there was a desire to stream town halls that made it a portable need and I Meridian City Council October 25, 2016 Page 9 of 26 think that after I take out the original permission from Council to look at this, they went and talked with all the different entities on what the needs for this room and any associated rooms would be. They came and reported back -- and sometimes I think I get my one-on-ones or -- or my director meetings mixed up with the Council meetings, but I believe that we have touched base with Council at least once or twice after that before we even moved forward with the RFP. So, can you give a little overview if I'm -- Tiede: I can speak to it. We did come here in -- trying to think -- April and discussed it a couple times, but we were -- we did have the intention of keeping it on a little bit high level and not going into all the details, just because that could take hours. We had all that information when we came to Council and discussed the budget request, but it seemed like that would make sense, if we had to touch those other rooms, to keep that functionality, then, we would do that. Now, what were additions were, hey, look, if we wanted to expand better capabilities in conference room A and B as far as having it available for overflow, the streaming -- those things are things that we discussed in one-on- meetings. And, then, I did find the answer to your question, Council Member Milam. On the actual proposal they have travel, additional cabling and hardware and miscellaneous labor in there. So, it doesn't mean it's all travel, but they didn't also give us an itemized thing saying this is travel expenses or not. But they are out of Salt Lake, so we expect there to be some travel expenses and we also anticipate doing this entire room in one week. So, they are going to be bringing more than one person up here for this installation. So, I expect there is going to be some -- De Weerd: So, that travel is not only their travel to bring the equipment up, it was the travel for the team to go down there? Is that -- no? Tiede: We did not anticipate that in that. We figured we would take a couple city vehicles down for a day, so -- Watts: And, Madam Mayor and Council Members, I would like to add -- in this -- this is a line item breakdown, essentially, of the contract. The contract is a not to exceed fixed lump sum. So, they could put three dollars in there for travel or 3,000 or 30,000, we don't care. We are looking at the bottom line to get the job done. So, it is a lump sum not to exceed contract. So, it's sort of a moot point as far as you -- you know, it's a tool to use for negotiating, but that line item really isn't a telltale sign. It's really the bottom line and that's how we evaluated cost was bottom line. If you look on the evaluations, cost has a point system. We actually used a mathematical formula, so it wasn't just pulled out of the air, so the points assigned to cost was a formula that was utilized. They were much lower than the number two bidder by almost 100,000 dollars, I believe, but just to let you know, it's not like we are buying airline tickets for them. They have lumped it in with three other -- three other miscellaneous items and it's really the bottom line dollar amount that matters. Meridian City Council October 25, 2016 Page 10 of 26 Milam: Thank you. Bird: Keith, then, the 299,000, was that the original RFP bid that each got up here? Watts: It is. Correct, sir. Bird: Okay. So -- and that's where they were quite a bit lower than the second one? Watts: Oh. Okay. Excuse me, sir. Dave just reminded me. It was 272 originally. Bird: Okay. That's -- Watts: The negotiated -- Bird: -- that's where they were quite a bit lower than everybody else? Watts: Correct. Tiede: They still are. Bird: And, then, everybody else had the chance to come back and add to their other or we just worked this other out with them? Watts: Correct. By statue that is the -- the way you have to evaluate it with an RFP, you evaluate them and you start with number one and that by law is the only way we can do that. We go with number one, you try to negotiate a contract with them. So, the scope and the -- the final scope and the final payment is a negotiated sum. You're not allowed to go to the others and say, listen -- Bird: I don't disagree with that, but in the same token you all of a sudden -- you're -- you're 100,000 did you say underneath the next bidder? Watts: Correct, sir. Bird: And all of a sudden you're up -- you're up there. Watts: I didn't get that, sir. Sorry. Bird: Well, when you start throwing these extras at it they didn't have to bid against anybody; right? Watts: No. It's an RFP. Correct. Meridian City Council October 25, 2016 Page 11 of 26 Bird: Yeah. They -- so, they can make up for that 100,000 they left on the table before. Watts: I will let Dave answer that. Tiede: We did as part of this in IT -- we actually plugged the numbers back into the scoring sheet and they still came out with number one with the 299,000, so -- Bird: Yeah, but went from 299,000 to 400 -- almost 400,000. Watts: To the next low bidder. Not these folks. These folks were 279. It did go up about 20,000 dollars total with the additional negotiated scope of work. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Council Member Cavener asked a question about the -- the equipment as part of the transaction. So, we discussed this both with legal and with purchasing. It is in your policy -- your purchasing policy on disposal that you can include it. The best thing I can liken it to is when you -- when you trade in a vehicle. You take a vehicle and you don't get the value of the vehicle, you take the vehicle to the dealer and say if we give you this vehicle how much will you sell me this other vehicle for and that's part of the transaction and that's why it's on your policy that way. So, I don't know if there was a discussion about repurposing them, but from both a legal standpoint and policy, it's -- it's perfectly acceptable, because if you look at it the other way, if you can't repurpose these screens it's very expensive to dispose of these types of equipment. You can only take it to the dump. You can't -- you can't -- may be can or can't sell through auction, which can -- it can be a very clunky process as well. So, looking at the alternative rather than of getting rid of equipment, this seemed the most logical from -- from both the legal and policy standpoint, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't look at this equipment it as junk that would be hard to get rid of . I think of this as equipment that could be -- either be sold or donated or -- I have a really hard time with this part of this as well and -- and, yes, when you buy a car you're looking at the difference is what matters, but I still want to know what the sale price is and what they are giving me for my trade in and, then, I can make an informed decision whether or not I want to trade that car in or keep it and sell it to my neighbor for more and so I would like that to be a line item. So, I do have a really hard time with that. Meridian City Council October 25, 2016 Page 12 of 26 Watts: Madam Mayor, Council Woman Milam, typically on any type of an item we don't just get to go sell it to our neighbor. We have to send it to auction and you literally get pennies on the dollar at auction and electronic equipment is even worse. So, if we send it to auction I'm sure we would get next to nothing for it and some of it we would actually have to pay to get rid of . The items that are failing we would have to pay to take them to the dump and get rid of them. I can -- in the future we can ask for a line item that says the trade -in value of that piece of equipment and we will take that note and make sure we do that in the future. We did not do that with this one, we just made sure it was clear to all -- all proposers that this equipment would be given -- and that's a typical question when we are getting rid of some -- anything, even like at wastewater sometimes or water, we are getting rid of some pipe or something or pieces of equipment, they ask you want to keep it, do you want us to take it away and typically we put that in the bid that they are to take it away, because it's more costly for us to get rid of. Tiede: Council Member Milam, just to highlight Keith's point on the auction process, we regularly will take some of the IT equipment that we dispose of to auction. Usually it's higher end equipment, so servers and the like, and we range in the ten dollars to a hundred per piece of 10,000 dollar equipment, so -- Bird: You got zero on this. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well -- and that's why I'm guessing a line item would be important, because are they charging us extra to take it from us? I mean that's something we don't know, too. There might be -- this bid might be higher because of the trade-in equipment if they don't see it as valuable and so also repurposing it , I mean those -- you know. So, a lot of this stuff could be repurposed within the city. But I won't dwell on it any longer I guess. For me as a business person, the way my mind works, I have a hard time with that, so -- De Weerd: And it sounds like this has been the practice and -- Bird: Yes. De Weerd: Everyone responded to the bid with that practice in mind and certainly purchasing just heard the direction to -- to see if there is value or if they are charging us more for the disposal of the assets as well. So, we can definitely do that. Any other questions from Council? Okay. Thank you, Keith. Thank you, Dave. Meridian City Council October 25, 2016 Page 13 of 26 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the proposal and agreement with Valcom Salt Lake City, LC, for the City of Meridian City Council Chambers Technology Replacement Project not to exceed $299,632.93. Little Roberts: Second. De Weerd: I have a motion and a second. Any discussion? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, absent; Little Roberts, yea. De Weerd: The ayes have it. Thank you. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. Item 7: Action Items A. Public Hearing for SECOND READING: Ordinance No. 16-1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.B (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O’CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. De Weerd: Item 7-A is public hearing, second reading on Ordinance 16-1709. This is a public hearing. I will ask Mr. Clerk to, please, read this by title. Coles: Thank you, Madam Mayor. City of Meridian Ordinance No. 16-1709, an ordinance amending Title 4, Chapter 1, Section 8-B1, Meridian City Code. Collection of solid waste and recyclable materials to change the collection at commercial premises to commence at 4:00 o'clock a.m. and providing an effective date. De Weerd: Okay. Is there anyone in the audience who would like to provide testimony on this item? Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council October 25, 2016 Page 14 of 26 Bird: We -- I move that we move this to the third reading on November 2nd -- or 1st -- Milam: Second. Bird: -- 2016. Milam: Second. De Weerd: Okay. No. This is odd. Do we want a motion to -- for the third reading? Nary: You don't need one. Bird: You don't need one, you just go forward. Nary: Just go forward. De Weerd: Okay. So, this item will be placed on Nove mber 1st for the third and final reading of Ordinance 16-1709. Bird: And the public hearing will be closed at that time. De Weerd: Yes. And the public hearing will continue until that third reading. B. Public Hearing Continued from August 23, 2016 for Browning Plaza (H2016-0008) by SLN / Boise-Waltman, LLC Located 505, 521, 615 and 675 Waltman Lane 1. Request: Two (2) Year Time Extension on the Preliminary Plat to Obtain the City Engineer's Signature on a Final Plat De Weerd: Okay. Item 7-B, the applicant is not here available tonight. If Council needs to have any questions answered we can look at it at that time . I will turn this over to Caleb. Hood: Yeah. Madam Mayor, we do have an e-mail from the applicant agreeing to the staff report and the conditions that are included therein , but like has been stated, they aren't here tonight. This was continued from your August 23rd meeting. They were trying to work with ACHD and a potential buyer on some changes to some of the original terms of the development agreement , but it's my understanding that that buyer is no longer on the scene . They would like to keep their preliminary plat, which is Item 8-B alive, but have requested withdrawal of Item 8-C, which is the development agreement and had some of the terms in that Meridian City Council October 25, 2016 Page 15 of 26 is what they were trying to negotiate or get some clarification from ACHD and MDC. But, again, they do -- they would like to keep their 2008 preliminary plat alive that has 40 building lots, two common lots. This is the fourth time extension. Again, it was approved in 2008 originally. It's on 38 acres of land. If you're not comfortable approving or have questions for the applicant, they request the November 22nd meeting. But, again, they are in agreeance with the -- with the staff report and with that I would stand for any questions on Item 8-B -- or, excuse me, 7-B. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, you're -- the staff is comfortable if we pass it now? I don't want to take it on -- Hood: Absolutely. Bird: -- if the rest of the Council feels comfortable with it. I do. De Weerd: Is there anyone who would like to provide testimony on this item ? Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0008. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on 7 -B. All those in favor say aye. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0008 and include staff comments and returned e-mail from applicant. Milam: Second. Meridian City Council October 25, 2016 Page 16 of 26 De Weerd: I have a motion and a second to approve Item 7-B. Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing Continued from June 28, 2016 August 23, 2016 for Waltman Property (aka Browning Plaza) (H- 2016-0038) by SLN Planning/Boise Waltman, LLC Located 505, 521, 615, and 675 Waltman Lane Application 1. Request: Modification to the Development Agreement to Remove the Requirement (#5.1.8) for Corporate Drive to be Extended North of the Site from the Ten Mile Creek South to Waltman Lane De Weerd: Item 7-C was requested to be withdrawn. It is a public hearing. I would need a motion from Council to entertain that request. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we withdraw H-2016-0038 and also close the public hearing and withdraw the application. Milam: Second. De Weerd: Okay. I have a motion and second to close the public hearing and accept the applicant's request to withdraw this item. Any discussion from Council? Mr. Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 25, 2016 Page 17 of 26 D. Public Hearing for TM Crossing (H-2016-0116) by Brighton Investments, LLC, et al., Located Northeast Corner of S. Ten Mile Road and I-84 1. Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineers Signature on the Final Plat for Phase I De Weerd: 7-D is a public hearing on H-2016-0116. I will open the public hearing with staff comments. Hood: Thank you, Madam Mayor, Members of the Council. This, too, is a preliminary plat time extension request. The site is -- consists of 75 acres of land zoned C-G and it's located at the northeast corner of I -84 and Ten Mile Roads. The preliminary plat for this project was approved by the City Council in 2012 and contains 50 commercial lots and four common lots. The applicant is requesting a two year time extension, although the applicant is here and probably doesn't anticipate or hope that it takes near that long to actually obtain signatures. They are in the process right now of obtaining signatures on the final plat , but came up a little bit short on that. The applicant is in agreement with the staff report, but, again, is in the audience if you have any questions or if they want to present anything to you. So, with that, that is staff's report. De Weerd: Thank you, Caleb. Does the applicant have any comment? This is a public hearing. Is there anyone who would like to make comment? I guess Kayden is not interested in making comment on this application , right, Kayden? Okay. Council, any questions for staff or the applicant? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Caleb, this is the second time extension request? Hood: Correct. Cavener: Okay. Thanks. Wardle: Madam Mayor, Mike Wardle, Brighton Corporation. 12601 West Explorer Drive. While this is the second request, we already had received seven weeks ago the first phase final plat approval from the Council. We have a building under construction. Obviously, we will be moving forward. We just did not have time within this period to secure the signatures and get that plat recorded. So, thank you. De Weerd: Okay. Thank you. Anything further from Council? Meridian City Council October 25, 2016 Page 18 of 26 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on H-2016-0116. Milam: Second. Cavener: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7 - D. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve H-2016-0116, the time extension for Brighton Investments, LLC, and to include staff and applicant comments. Milam: Second. De Weerd: I have a motion and a second to approve H-2016-0116. Any discussion from Council? Mr. Clerk, will you, please, call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 8: Department Reports A. Public Works: Update on Meridian’s Petition to the Idaho Department of Water Resources to establish an Area of Drilling Concern for Source Water Protection De Weerd: Item 8-A is a report from Public Works. We will start I guess introducing Kyle with our congratulations. Radek: Madam Mayor, Council Members, I'd like to provide some feedback from Public Works on the Department of Water Resources decision regarding our Meridian City Council October 25, 2016 Page 19 of 26 petition for designated area of drilling concern. I have come before Council several times to update our efforts on this front and seek guidance, but I'd like to just give you a quick review for about two minutes and, then, tell you what -- what happened and kind of the -- our feedback on it. This effort was born out of our realization sometime around 2009 -- so, it's been a while that we have been working on this -- that the number one threat to our quality of our source water is the destruction and improper abandonment of private wells unsealed in the area contributing to our source water. Our objective in this effort was to address this threat by putting a mechanism in place to ensure that wells in a designated area were properly sealed to ensure the natural protective layers, like clay that separate water of different qualities, are kept intact. The establishment of an area of drilling concern was just one tactic that we decided was our best tactic to use, so -- to be administered by IDWR. Another tactic that we considered for quite some time was to create our own well drilling ordinance , which we, in my opinion, rightly decided, after consultation with Council, that that was probably not a good idea, it wasn't the way to go. IDWR has decided to employ yet another tactic, which is simply to enforce higher administrative standards in light of the scientific data that we provided in our report and our petition. So, I was going to summarize what they -- what they decided, but I included in your packets their -- their order on this -- this subject. I don't know that all of you had time to read it. It was 12 pages, but if you skip to page 11, then, you get to the actual decision they made. So, I'd like to, if I could, just read the two paragraphs that are the most important in the whole -- the whole letter, which are, first, that Meridian's petition for the designation of the west area -- Ada area of drilling concern is denied. Formal designation of the West Ada Area of Drilling Concern is premature. Additional data and evaluation of hydrogeologic conditions in the area surrounding the proposed West Ada Area of Drilling Concern is necessary to establish boundaries of a designated ADC. So, the first paragraph -- wow, that doesn't make you feel very good. But you keep reading. The second paragraph makes you feel a little better. Consistent with the department's duty to protect public health and prevent waste or contamination of ground or surface water , effective November 1st, 2016, the department shall implement the following procedures and standards for well construction permits within the proposed West Ada Area of Drilling Concern boundary, excluding the West Boise Area of Drilling Concern as shown in Attachment A. So, essentially, they are denying the area of drilling concern, but within the area that you asked for an area of drilling concern, we are going to implement higher administrative standards, among them a lot of the things you asked for. So, it's really a good thing. And just as a synopsis of the things that they have committed to doing within the -- the area, which is the same area that we asked for an area of drilling concern, they are going to eliminate start cards for new domestic wells. Start cards were a way that a driller could just put something in the mail and get started working and the trouble with that is by the time the department knew that a well was being drilled it was already done. So, they had no opportunity to see what the driller intended to do and no opportunity to go inspect it and new wells shall require permits to be submitted to show how the wall is to be built. So, with the elimination of start Meridian City Council October 25, 2016 Page 20 of 26 cards, the result is that you have to submit a permit application , just like you would before you build a building, so the Department of Water Resources knows what's intended to be built, where, and how deep, what the construction methods are going to be, how the well is going to be sealed. The next thing is that domestic well should be limited to 200 feet in depth, unless adequate water is not available. So, that was a compromise of what we asked for. In our opinion the kind of standards we -- we are asking for should be implemented at all levels and all layers and everywhere. This was pretty unpalatable to a significant group of people, so I think it's -- it's a compromise that we feel good about, because our city wells are for the most part not drilled into the shallow area. The other thing that the Department of Water Resources recognized is that below 200 feet that's where you start encountering most of you r uranium issues and so it's better to keep those domestic wells out of there, because the -- one of our number one concerns, kind of outside of our city water, is that a lot of domestic well owners don't know that they are accessing water of a quality that they wouldn't want if they -- if they knew what it was. So, this -- this measure tends to keep those domestic well owners out of that. Wells drilled deeper than 200 feet shall have a full length seal of pumped grout, which is a fundamental issue that we asked for. Our specific request was that wells needed to be drilled using mud rotary techniques, which was -- we feel is the best way to put a full depth seal with grout in. It's certainly not the only way, but with the permitting requirement the drilling contractors are going to have to submit to the Department of Water Resources how they intend to put a full depth seal in place on that well. The department has required plastic or stainless steel well screens for all walls and the screen interval shall be limited to 20 feet and that will result in the -- controlling the commingling or connecting aquifers of different chemistry through the wall screens. And, then, abandonment of wells will be something that will have to be permitted and when wells are abandoned it's not good enough to just look at the well and pour a bunch of chips down it. You need to make sure that your abandonment techniques include a way in your construction to seal outside of the casing if you're going to -- if you're intending to leave an old case in place. So, usually, what we do is -- with our well abandonments is we perforate the old casing and, then, we pump grout in and so it gets -- gets out into that annular space and seal it up. So, that's another requirement. Those are the main requirements that the Department of Water Resource is going to -- going to put in place. And in summary we are very encouraged by IDWR's action on this effort and their commitment to protect public health and water resources of the state , not only by enforcing higher administrative standards, but by continuing to seek additional data to further the cause. We have been very pleased with the cooperative and professional approach of the IDWR and their staff and we look forward to continuing our cooperative -- cooperative relationship as their administrative efforts are deployed and -- and they seek to get more data to perhaps someday establishing an area of drilling concern that is, in fact, bigger than what we asked for. So, with that I will stand for any questions or comments. Meridian City Council October 25, 2016 Page 21 of 26 De Weerd: Thank you, Kyle. And I think that the Department of Water Resources did find a compromise that respected the information that the city was able to prove through quite extensive studies and balancing that with the concerns of the well drillers. I think they did find a compromise. It does work for the area that you identified and I think there was acknowledgement that, indeed, there needs to be a regional study of our watershed and how some of the studies that you were able to -- to prove impacts the rest of the valley's water. So, I think it's a positive outcome and, like I said, as I introduced you congratulations. I think you and your team put a lot of time and effort in protecting the resources that I think sometimes we take for granted and we appreciate your work. Radek: Thank you, Madam Mayor. De Weerd: Thank you. Council, any questions? Comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Kyle, when the city launched in this endeavor there was some notable and vocal opponents and people that raised some concerns about the area of drilling concern. What has their response been since Department of Water Resources findings and this compromise as -- we view it as a compromise. Do some of those people that were viewed as opponents to our proposal, do they view it as a compromise as well? Radek: Councilman Cavener -- Madam Mayor, Councilman Cavener, I have to apologize, I have no feedback from the people that did not want the area of drilling concern to be established. The -- certainly the -- the organized -- I wouldn't necessarily call them an opponent, but the Idaho Groundwater Association voiced an opinion that was opposed to establishing the area of drilling concern. However, they agree with the science that was behind the area of drilling concern and they just felt like it could be administered without the actual establishment. I think to some degree there was some concern just with the moniker of area of drilling concern. Some people feel like it's -- the intent of it is -- is to delineate an area where there has been an industrial chemical spill and certainly it's been used for that in the past. We felt like it was an appropriate method of protecting a place that hasn't had a chemical spill yet or has natural contaminants. But -- and I did the see Lynn Tominaga of the Idaho Groundwater Association recently and -- and I didn't get -- you know, I didn't get much feedback. So, I think -- I think for the most part the -- the reasonable opponents are probably happy with that decision, but that's probably conjecture on my part. De Weerd: Well -- and I think it is conjecture to a certain degree, but when we held a meeting with some of the elected officials with the Department of Water Resources and our staff and consultants, the conversation was a concern that Meridian City Council October 25, 2016 Page 22 of 26 this might supersede the legislative process and there was some concern of using the area of drilling concern by the Department of W ater Resources to -- that overstepped lines of authority. But I think the overarching comments that I heard during that was not a question of the science that was used , but that if there was demonstrated concern for the water viability, depending on how deep you drilled your well, that it should be looked at as a region, not as just this -- this area in particular and so there was acknowledgement in the finding that there is enough concern that these different drilling techniques were -- are going to be required and now it's going to be our job to put into place that -- that we can monitor that those steps are, indeed, being administered and have you talked to the team on how we are going to work with Department of Water Resources? Radek: Madam Mayor, thanks for that question. Good point. And we have actually been doing what we need to continue to do to monitor the department's effectiveness in administering and implementing their -- their decision here. We have really been doing that already in the absence of an area of drilling concern our decision the last -- last two or three years since we decided we had to do this, we have been on our own monitoring water rights applications and when a water rights application comes in in our area of impact we intercept it administratively, we look at the department's advertisement of that and, then, we will discuss it with the -- the owner of that application and it's resulted in a lot of successful negotiations to have them drill their wells in the way we -- we have requested them drilled. So, we have access to the information that -- that there is a water right applied for. There is a well drillers -- an application and we will be able to see that and we will be able to see what the department has done with that application and we certainly through this effort we have established some relationships with the Department of Water Resources staff that are going to administer also. So, it should be -- it should be better -- much better than just finding out after the fact if they did what they said they were going to do . We are going to be in contact with them on a regular basis. Cavener: That's great. De Weerd: Thank you. Anything further from Council? Radek: Thank you. De Weerd: And, again, congratulations to the entire team. To Ed. To Charlie. B. Approval of Collective Labor Agreement between the City of Meridian and Meridian Firefighters I.A.F.F. Local 4627 De Weerd: Okay. Item 8-B is under our Legal Department. Meridian City Council October 25, 2016 Page 23 of 26 Nary: Thank you, Madam Mayor, Members of the Council. I'm pleased to have on the agenda tonight is a ratified agreement with the Meridian Firefighters Union Local 4627. We have been in negotiations since May, a number of sessions, to reach this final conclusion. We made them an offer that is encompassed in the agreement that we have previously discussed. I would like to thank the team -- the city's team for the time and effort. There was a lot of work put in by Deputy Chief Jones, by Council Member Borton, Crystal Ritchie our HR manager and Todd Lavoie, our CFO. In addition Christena Barney, our benefits -- benefits generalist provided a great deal of information in reaching this conclusion. What you have -- the contract that was approved last night has some cosmetic changes to some of the language that we previously discussed . The primary changes are the compensation amounts for the next two years for the union . There is a three percent increase for this fiscal year beginning in the next pay period and also a one percent in 2017, beginning October of 2017. Additionally, the union will move to a separate medical plan beginning in January of 2018 with the Northwest Firefighter Trust. That was an issue of great concern to the firefighters. It had some different things that we don't have the ability to offer in the same fashion for all the general employees. It's very firefighter focused. It's with a trust that only -- only represents firefighters and so after looking at both the benefit plan, as well as the cost of offering that benefit, it felt that was a reasonable way that we could make that -- allow that to occur. And, then, finally, they will stay in our -- the city's plan for the next year with the same benefit package that the city has, including the wellness component that we have. They have also agreed to remain in the wellness plan when they move to the Northwest Firefighter Trust, that they still have that wellness incentive to participate in that for some of the discounts or incentives that we provide for that and the differential is the cost of the -- the dependent -- dependent premium cost and so that was the only differential between those two . So, primarily, again, I think the biggest thing is that the firefighters, when I spoke with their lead negotiator Christian Forbey, they were very appreciative -- I thought they might be here tonight, but that's fine. They were very appreciative of the city's consideration -- Council's consideration of allowing that Northwest Firefighter Trust plan. That really was a key component to them . It is something we have discussed for a number of years and this is something we could make fit at this particular time. So, if the Council is of a mindset to approve it, we would appreciate that approval tonight and, then, we can move it forward and finalize all of that with Finance and everything, so the next paycheck everything gets corrected and put into place. De Weerd: Thank you, Bill. Any comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council October 25, 2016 Page 24 of 26 Cavener: I would like to reiterate what Bill said. I was able to attend a few of these meetings as a member of the viewing public and to echo Bill's points, thanks to -- to Bill Nary and Crystal and Christena Barney and Todd and Joe Borton, Councilman Borton as our Council liaison. I felt that they -- De Weerd: And Joe. Cavener: Uh? Yes. Thank you, Chief Jones. Sorry I didn't see there. You know, really taking into account that these are our employees and wanting to work to come to an agreement that's best for the city and best for our employees. So, thanks to everyone and their due diligence on this issue . It's appreciated. De Weerd: Thank you. And thanks for the negotiating team and Council Member Borton for representing the elected officials and certainly, Mr. Nary, your -- as the lead negotiator, I think you showed patience and appreciated you working through the issues as they were brought forward. Nary: Ninety-nine percent of the time, ma'am. De Weerd: As best you could -- Nary: The patience part. De Weerd: Oh. Okay. Council, in front of you is the agreement. It does need a motion to ratify. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve the collective l abor agreement between the City of Meridian and Meridian Firefighters Local 4627. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8 -B. Any discussion? Okay. Mr. Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, absent; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Meridian City Council October 25, 2016 Page 25 of 26 De Weerd: Item 9. Are there any items for future agendas? Council, I do have some upcoming events. Just a reminder that tomorrow morning at 7:00 a.m. your leadership team is cooking up some pancakes and sausage and something else and we would love to have you come and cook beside us. It is a United Way breakfast to -- as a fun way to raise money for United Way campaign to reach our goal. So, please, join us anytime between 7:00 and 9:00 and we will throw a napkin -- or a napkin on you -- an apron and hope to see you there. Town hall meeting tomorrow night at 6:30 at Compass Charter School on Cherry Lane near Ten Mile. Trunk or Treat is Thursday. It is a real treat seeing all the kids in their Halloween outfits going trunk to trunk and I think we have over 90 trunks and we will have a couple of food trucks as well, so dinner is not just candy. And we appreciate Steve and -- and his staff and the Mayor's Youth Advisory Council for putting this on. It looks like it's going to be another great success. And, then, on Saturday is the anti-drug coalition's reality party and they are going to have four different showings. So, if you would like to come and check them out, it's on the hour starting at 1:00 o'clock. There is also a 2:00, 3:00 and a 4:00 o'clock showing. They are about 20 minutes and it's at the Forward Movement Training Center that you take the tour from there and you're kind of on the catwalk looking down and seeing the reality parties. It is for parents put on -- some of the actors are MYAC members and other teenagers lending their talents. So, just one other thing is I will be conducting the Parks Commission interviews this week and hope to bring back recommendations to Council on your November 1st meeting. Also we do have an opening on our Planning and Zoning Commission. So, if you have anyone who might have an interest, please, help let people know that this opening is available. We are also trying to fill a Solid Waste Advisory Council Commission seat and HPC, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: On Saturday is also the Hallow-pooch parade costume contest at Storey Park. De Weerd: Yes. For all the four-legged furry friends. Dress them warmly and it will be a howling good time. If there is nothing further I would entertain a motion to adjourn. Bird: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council October 25, 2016 Page 26 of 26 MEETING ADJOURNED AT 7:05 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR AMM ' E ATTEST C. JAY COWS, CITY CLERK - 11 / 01 a-�01 6 DATE APPROVED Of I� u S� 'I0 qL �� Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: d5B PROJECT NUMBER: H-2016-0066 ITEM TITLE: Blakeslee Commons Findings of Fact, Conclusions of Law for Approval for Blakeslee Commons Subdivision (H- 2016-0066) by Global Senior Housing, LLC Located South Side of E. Ustick Road Between N. Locust Grove Road and N. Eagle Road MEETING NOTES F1 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0066 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 12.01 Acres of Land with an R-15 Zoning District; and Preliminary Plat Consisting of seventy-four (74) single-family residential building lots and twelve (12) common lots on 12.01 acres of land for Blakeslee Commons Subdivision located on the south side of E. Ustick Road between N. Locust Grove Road and N. Eagle Road, by Global Senior Housing, LLC. Case No(s). H-2016-0066 For the City Council Hearing Date of: October 4 and October 18, 2016 (Findings on November 1, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 18, 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. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0066 - 2 - 6. That the City has granted an order of approval of the annexation and zoning request in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this annexation approval is subject to a development agreement containing the provisions in the attached Staff Report for the hearing date of October 18, 2016, incorporated by reference. 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 was approved with an R-15 zoning district with the requirement of a Development Agreement with the provisions noted in the Staff Report for the hearing date of October 18, 2016, attached as Exhibit A. 2. The applicant’s request for a preliminary plat is hereby approved based on the findings in the Staff Report for the hearing date of October 18, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Six (6) Month 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 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 six (6) month approval period (UDC 11-5B-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 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 October 18, 2016 By action of the City Council at its regular meeting held on the day of /Ualem bw , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Yet COUNCIL VICE PRESIDENT JOE BORTON VOTED Ya COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED I4 COUNCIL MEMBER TY PALMER VOTED Y& t COUNCIL MEMBER LUKE CAVENER VOTED Y1°C, COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tamm .d Attest: m IcJ jd� wo C. ay C s % City Clerk 01 Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C . -S'y C Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0066 -3- EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 1 STAFF REPORT Hearing Date: October 18, 2016 (Continued from October 4th, 2016 TO: Mayor & City Council FROM: Josh Beach, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Blakeslee Commons Subdivision – H-2016-0066 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicant, Global Senior Housing , LLC, has submitted an application for annexation and zoning (AZ) of 12.01 acres of land with an R-15 zoning district; and a preliminary plat (PP) consisting of 74 single-family building lots and 12 common lots on 12.01 acres of land for Blakeslee Commons Subdivision. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on September 15, 2016. At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Wendy Shrief (applicant’s representative), Ron Walsh, John Blakeslee, ii. In opposition: iii. Commenting: John Blakeslee iv. Staff presenting application: Josh Beach v. Other staff commenting on application: Bill Parsons, Andrea Pogue b. Key issue(s) of Public Testimony: i. The current property owner (John Blakeslee) would like to remain in his home until that particular phase (phase 3) is developed. c. Key Issues of Discussion by Commission: i. Timing of construction of the emergency access and if there is an easement in place to cross the adjacent property? ii. How the phasing is laid out and the timing of the phasing. iii. In which phase should the Blakeslee home be demolished. iv. Is bonding for the landscaping improvements appropriate for this development? v. Does the project still have sufficient amenities if the pool is removed from the amenities? vi. Is the development adequately parked with the requested reduction in the number of off-street parking spaces? vii. Timing of the utility connection if the existing home is to remain for any period of time. viii. The potential to include in the DA provisions that this be a 55 and older community and that the lot number be capped at 74. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 2 ix. Whether to provide a common drive or a street to the property adjacent to the northeast corner of the property. d. Commission Change(s) to Staff Recommendation: i. Modify condition 1.1.1d(3) to read as follows: Construct the proposed clubhouse, outdoor kitchen and associated parking on Lot 20, Block 4 as proposed. The applicant shall obtain CZC and DES approval prior to applying for a building permit to develop the lot. ii. Modify condition 1.1.2e to read as follows: The applicant shall provide a stub street to the south or west boundary of parcel #S1105120653. iii. Add condition 1.1.1f to read as follows: The development shall be limited to residents who are 55 years of age and older. iv. Add condition 1.1.1g to read as follows: The development shall be limited to 74 single- family lots. e. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on October 18, 2016. At the public hearings, the Council moved to approve the AZ and PP request. a. Summary of City Council Public Hearing: i. In favor: Wendy Shrief, Pam Walsh, Nick Walsh, John Walsh, Marcus Tam, John Blakeslee, Julie Blakeslee, Scott Blakeslee, Kent Brown ii. In opposition: None iii. Commenting: Pam Walsh, Kent Brown iv. Written testimony: None v. Staff presenting application: Josh Beach vi. Other staff commenting on application: Ted Baird, Caleb Hood b. Key Issues of Discussion by Council: i. If the project is marketed towards people who are age 55 and over, how do you actually restrict it to people who fit that definition? ii. Concerns about how the CC&R document will restrict the age of people who purchase and can live within the proposed development. iii. Whether to allow the applicant to leave the South Slough open rather than have it tiled. iv. Which amenities the applicant will be constructing as part of the project. c. Key Council Changes to Staff/Commission Recommendation i. Modify condition 2.1.2 to read as follows: Developer shall be required to provide a second water main connection to the project to create a looped system. This second connection can be a second connection to Ustick Road per the Public Works Department; however a mainline valve will need to be installed in the Ustick Road main at the new tee location to provide a means of isolation. ii. Modify condition 1.1.1C3 to read as follows: Construct the proposed clubhouse, either pool or outdoor kitchen and associated parking on Lot 20, Block 4 as proposed. The applicant shall obtain CZC and DES approval prior to applying for a building permit to develop the lot. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 3 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to the City Council of File Number H-2016-0066, as presented in the staff report for the hearing date of September 15, 2016, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number H-2016-0066, as presented during the hearing on September 15, 2016, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2016-0066 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the south side of E. Ustick Road between N. Locust Grove Road and N. Eagle Road in the NE ¼ of Section 5, Township 3N., Range 1E. B. Owners: John Blakeslee 2545 E. Ustick Dr. Meridian, ID 83616 C. Applicant: Global Senior Housing, LLC PO Box 1297 Eagle, ID 83616 D. Representative: Horrocks Engineers 5700 E. Franklin Road Ste. 160 Nampa, ID 83687 E. Applicant's Statement/Justification: Please see applicant’s narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: August 22 and September 5, 2016 (Commission); September 19 and September 26, 2016 (Council) C. Radius notices mailed to properties within 300 feet on: August 22, 2016 (Commission); September 16, 2016 (Council) D. Applicant posted notice on site(s) on: September 1, 2016 (Commission) October 6, 2016 (Council) VI. LAND USE EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 4 A. Existing Land Use(s) and Zoning: The annexation area is agricultural property developed with a County residence and multiple outbuildings, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: E. Ustick Road; Single-family residential properties in Champion Park Subdivision, zoned R-8. 2. East: Single-family residential properties zoned R-2 (City) and R-1 (Ada County) 3. South: Single-family residential properties zoned RUT (Ada County) 4. West: Single-family residential properties zoned RUT (Ada County) C. History of Previous Actions: None D. Utilities: 1. Location of sewer: This project falls within two sanitary sewer service areas, however, Public Works has evaluated the project and has determined that the entire project can sewer to the existing mainline in E. Ustick Road. 2. Location of water: Water mains intended to provide service to the proposed development currently exist adjacent to the proposed development in E. Ustick Road. 3. Issues or concerns: Developer shall be required to provide a second water main connection to the project to create a looped system. This second connection will need to come from the east or west, N. Leslie Way or from an extension down N. Wingate Lane. A second connection to E. Ustick Road along the project frontage will not satisfy this requirement. This project falls within two sanitary sewer service areas, however, Public Works has evaluated the project and has determined that the entire project can sewer to the existing mainline in E. Ustick Road. E. Physical Features: 1. Canals/Ditches Irrigation: The South Slough crosses the southern boundary of the property. This waterway will remain open as part of the subject development. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The Comprehensive Plan Future Land Use Map (FLUM) designates this site as Medium Density Residential (MDR). MDR designated areas allow smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre). The applicant proposes to develop this 12.01 acre site with 74 single-family detached residential structures. The project will have a gross density of 6.16 dwelling units per acre (d.u./acre) and a net density of 9.35 d.u./acre, which is consistent with the density desired in MDR designated areas. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 5 The proposed single-family detached dwellings will contribute to the variety of housing types available within the City. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the developer to the proposed lots upon development of the site in accord with UDC 11-3A-21. “Require common area in all subdivisions.” (3.07.02F) The proposed plat depicts a total of 1.49 acres (or 12.5%) of qualified open space in accord with the requirements listed in UDC11-3G-3. “Implement the City’s Pathways Master Plan.” (5.03.01A) A segment of the City’s multi-use pathway system is designated on the Master Pathways Plan on this site along the north side of the South Slough. This segment of the pathway must be 10 feet wide and will be required to be paved in accord with UDC 11-3A-8 and landscaped in accord with UDC 11-3B-12. “Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The applicant proposes to stub streets to the west and south for future development. Staff also requires that the applicant extend a stub street to parcel# S1105120653 to allow for future development. “Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system.” (3.03.03B) The applicant will construct the 10-foot multi-use pathway along the north side of the South Slough. The applicant is also proposing 5-foot attached sidewalks that will connect to an existing sidewalk to the north along E. Ustick Road. The applicant is also proposing to stub a 5-foot sidewalk to the south, and west. Staff is also requiring a sidewalk to be stubbed to the east in conjunction with a stub street. Staff is requesting that the applicant combine and realign two common lots (Lots 11 and 19, Block 2) so the lots line up with the proposed north section of Lot 4, Block 2. This will provide a visual corridor through the proposed subdivision and does not provide blind spots in between the houses. “Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads.” (3.03.02N) The submitted plat depicts one access point to E. Ustick Road as well as a stub a street on the west boundary and one stub street on the south boundary for future extension. To ensure the 1.169 acre parcel in the northeast corner of the development will have street frontage in the future, staff recommends that the applicant stub a street to this parcel in order to accommodate future development without requiring an additional access point to E. Ustick Road. “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) Street buffer landscaping is required adjacent to E. Ustick Road in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for signage and fencing in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 6 “Coordinate with public works, police, and fire departments on proposed annexation and development requests, and the impacts on services.” (3.04.01H) Staff has coordinated with public works, police and fire and has incorporated their comments and conditions in this report. “Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans Drainages) throughout commercial, industrial and residential areas.”(5.01.01E) The applicant is proposing to leave the South Slough open, to provide fencing as required by the UDC, to install landscaping, and construct the regional pathway. For the above stated reasons, staff finds the proposed project is generally consistent with the goals and objectives in the Comprehensive Plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-15) district allows a maximum gross density of 15 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-7 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed uses of the site for single-family detached dwellings are principally permitted uses in the R-15 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-7 for the R-15 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 and UDC 11-3B-7C for the R-15 zoning district. The proposed micropaths and pathways shall comply with the design standards in accord with UDC 11-3A-8 and UDC 11-3B-12. Per UDC 11-3G-3, the plat is required to provide 10 percent open space and one amenity for every 20 acres of development area. E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6A for the proposed single-family development. For two, three and four bedroom units, four (4) parking spaces are required; at least two in an enclosed garage. The applicant has submitted a concurrent alternative compliance application to deviate from this requirement. (See analysis below.) The clubhouse is required to comply with the parking standards set forth in UDC 11-3C-6B. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 12.01 acres of land with an R-15 zoning district. As discussed above in Section VII, staff believes the proposed zoning designations are generally consistent with the policies in the Comprehensive Plan. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 7 The applicant proposes to develop 74 new single-family residential detached homes as shown on the preliminary plat included in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. 2. Preliminary Plat The proposed plat consists of 74 building lots and 12 common lots on 12.01 acres of land in a proposed R-15 zoning district (see Exhibit A.2). The gross density for the subdivision is 6.16 d.u./acre with a net density of 9.35 d.u./acre. The average lot size is 4,800 square feet. Dimensional Standards: Development of this site is required to comply with the dimensional standards listed in UDC 11-2A-3 and Table 11-2A-7 for the R-15 zoning district. Staff has reviewed the proposed plat and found it to be in compliance with those standards. The R-15 zone is being requested by the applicant to have greater flexibility in the dimensional standards, specifically 3-foot interior side yard setback. Access: Access is proposed for this site via one access from E. Ustick Road, For future connectivity, the applicant is proposing to provide two (2) stub streets; one to the north and the other on the west. As mentioned above, staff has concerns with the limited connectivity in the area, therefore, staff recommends that an additional stub street be provided on the east boundary of the development or the north boundary of parcel #S1105120653 for increased connectivity, in lieu of the common driveway as currently proposed. Due to the limited vehicular connectivity to the property and due to the fact that the property lacks a secondary access point, the fire code limits the development to 30 homes. Once a secondary or emergency access point is provided (that meets the requirements of the fire department) the applicant will be allowed to construct additional homes. The plat indicates an emergency access is proposed across Lots 40-42, Block 3. Staff anticipates that the emergency access will be provided in this location, however a recorded agreement has not been provided. Staff recommends that the applicant provide a recorded copy of the easement with submittal of the first final plat application. Phasing: The applicant submitted a phasing plan that indicates the emergency access will be in the second phase. The number of homes approved with the second phase (40 total lots between phase 1 and phase 2) will be greater than the 30 allowed prior to the required emergency access easement, therefore the applicant will need to provide a recorded emergency access prior to submission of the second final plat application Common Driveways: The applicant is proposing five (5) common driveways in this project. All common driveways should comply with the standards listed in UDC 11-6C-3D. Staff has reviewed the dimensions of the common driveways depicted on the plat and they are consistent with these standards. Unless limited by a significant geographical feature, or separated by a minimum 5-foot wide landscaped common lot, all properties that abut a common driveway shall take access from the driveway. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 8 For any plats using a common driveway, the setbacks, building envelope, and orientation of the lots and structures are required to be shown on the preliminary plat and/or as an exhibit with the final plat application. Parking: For single-family developments, off-street parking is required in accord with the standards listed in UDC Table 11-3C-6 as follows: The applicant is proposing to construct all 2 and 3-bedroom single-family homes, therefore 4 parking spaces per unit are required; at least 2 in an enclosed garage and 2 on a driveway. The submitted site plan depicts five (5) common driveways from which the applicant is requesting to allow a five (5) foot garage setback. The Lots include 34-36, 37-39, 40-42, and 43-45 of Block 3, Lots 21-23, 24-26, and 28-31 of Block 4 and Lots 8-10 of Block 5. The applicant is asking for alternative compliance to reduce the parking on 25 of the lots in the development and to allow that parking to be located in a number of parking lots to be located in close proximity to the subject homes. For that number of lots (25), the UDC requires that the applicant provide 50 off- street parking spaces on a driveway. The applicant is proposing nineteen (19) off-street parking spaces to be located in close proximity to the subject properties. Staff is recommending that the applicant provide two (2) parking stalls at the end of each of the five (5) common driveways. This change will bring two (2) of the spaces closer to the units that will utilize them and limit their use by the other units in the development. Staff’s recommendation will bring the number of off-street parking proposed for these twenty-five (25) homes to twenty-nine (29), or a little greater than 50% of what the UDC requires. A certain number of the nineteen (19) proposed off-street parking stalls will be allocated to the proposed clubhouse. The number of required spaces for the clubhouse is based on the UDC requirement for 1 space for every 500 square feet of gross floor area. In considering the alternative compliance staff is supportive for the following reasons: 1. This development is going to be marketed to the 55 and over demographic, limiting the number of vehicles that will need to be accommodated per unit. 2. The width of the proposed streets (specifically Street G and Street F) in proximity to the lots for which alternative compliance is requested can accommodate parking on one side of the street. The applicant should install wheel stops in all of the parking stalls to minimize vehicle overhang onto an adjacent sidewalk or landscaping area. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A 25-foot wide street buffer is required along E. Ustick Road, an arterial street, per UDC Table 11-2A-6 and 11-2A-7, and is required to be landscaped in accord with the standards listed in UDC 11-3B-7C. Staff recommends this buffer be constructed with the first phase of development. The gravel adjacent to E. Ustick Road between the sidewalk and the curb needs to be removed and landscaped according to UDC 11-3B-7C. The existing fence along Ustick Road also needs to be removed or relocated to the interior edge of the landscape buffer per UDC 11-3B-7C. Landscaping within the common areas is required in accord with the standards listed in UDC 11- 3G-3E. The landscape plan complies with these standards. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 9 Landscaping is required along all pathways in accord with the standards listed in UDC 11-3B- 12C. If the Irrigation District does not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. Staff recommends that the applicant consolidate two common lots (Lots 11 and 19, Block 2) into a single common lot in the general vicinity between lots 14 and 15, Block 2, to increase visibility on Lot 4, Block 2. Tree Mitigation: If there are existing trees on the site that are proposed to be removed; the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space: A minimum of 10% qualified open space is required to be provided for this development in accord with UDC 11-3G-3A.1. Based on the area of the preliminary plat (12.01 acres), a minimum of 1.20 acres of qualified open space is required to be provided as set forth in UDC 11-3A-3B. A total of 12.5% of qualified open space is proposed consisting of ½ the street buffer along E. Ustick Road, the regional pathway along the South Slough, the micropath lot and internal common open space area (50’ x 100’) comply with this requirement. To increase the usability of the central open space lot staff recommends that the applicant consolidate two common lots (Lots 11 and 19, Block 2) into a single common lot in the general vicinity between Lots 14 and 15, Block 2 and add a 5-foot wide walking path that connects Street B to Street F. Site Amenities: All developments consisting of five acres of more are required to provide a minimum of one site amenity; one additional site amenity is required for each additional 20 acres per UDC 11-3G-3A.2, in accord with the standards listed in UDC 11-3G-3C. Based on the area of the preliminary plat (12.01 acres), staff requires a minimum of 1 qualified site amenities be provided. The applicant proposes to provide a central common area, a clubhouse, pool and a segment of the City’s multi-use recreational pathway on the south boundary. As noted above, staff is recommending additional 5-foot wide walking path through Lot 4, Block 2 to increase pedestrian connectivity within the proposed development. Staff is supportive of the amenity package for the development however; staff recommends that the clubhouse and pool (Lot 20, Block 4) and the central open space (Lot 4, Block 2), including the walking path is constructed with the first phase of development. Pathways: The Pathways Master Plan depicts a regional pathway on this site along the north side of the South Slough. The applicant proposes to provide the extension of the regional pathway as an amenity for the proposed subdivision. The 10-foot multi-use pathway must be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The landscape plan needs to be modified to show a 10-foot pathway along the north side of the South Slough and shall run from the west property line along the South Slough and shall run to the south property line. This 10-foot multi-use pathway shall be separate from the 5-foot sidewalks adjacent to the streets. A recreational pathway easement for the pathway is required to be submitted to the Park’s Department, approved by City Council and recorded. Fencing: fencing was not prosed with the subject application however there is an existing fencing adjacent to E. Ustick Road that must be relocated or removed with the installation of the landscape improvements adjacent to E. Ustick Road. The fencing as currently constructed would be located within the landscape buffer which is prohibited in accord with UDC 11-3B-7C2c. All fencing should comply with the standards listed in UDC 11-3A-6B and 11-3A-7. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 10 Per UDC 11-3A-7A.7, the developer is responsible to construct fencing adjacent to micropath connections to distinguish common from private areas. Additionally, per UDC 11-3A-6B, the South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway. Fencing adjacent to all interior pathways and common open space shall meet the requirements of UDC 11-3A-7. With the submittal of a final plat application, the applicant should provide a master fence plan. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. The applicant proposes to construct 5-foot wide attached sidewalks throughout the development. A 5- foot wide detached sidewalk exists along Ustick Road with the recent expansion of the street. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Street lighting is required to be installed within the development in accord with the City’s adopted standards, specifications and ordinances. Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Waterways: The South Slough runs along the south property line of the property. The South Slough lies within an 80-foot wide Nampa Meridian Irrigation District easement. The 10-foot multi-use pathway will be installed within the easement, and the applicant should coordinate with the irrigation district on maintenance of the common lots. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. The City Council may waive this requirement for large capacity facilities. The applicant requests a waiver from Council to allow the South Slough to remain open due to its large capacity. Building Elevations: The applicant has submitted some conceptual sample building elevations for future homes in this development, included in Exhibit A.4. Building materials appear to consist of a mix of horizontal lap siding, stone accents. The development of Lot 20, Block 4 requires CZC and DES approval. Details of the proposed clubhouse have not been provided to staff. Prior to the Commission hearing, the applicant shall provide architectural elevations as well as a floor plan for the proposed structure. Because homes on lots that back up to E. Ustick Road will be highly visible, staff recommends the rear or sides of structures on lots that face the street incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. In summary, Staff recommends approval of the proposed annexation and preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. X. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 07/26/16) 3. Proposed Landscape Plan (dated: 07/26/16) 4. Conceptual Building Elevations B. Agency & Department Comments/Conditions EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 11 C. Legal Description & Exhibit Map D. Required Findings from Unified Development Code EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 9 A. Drawings 1. Vicinity Map EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 10 2. Proposed Preliminary Plat (dated: 07/26/16) EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 11 3. Proposed Landscape Plan (dated; 07/26/16) EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 12 4. Conceptual Building Elevations EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 13 EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 14 EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 15 B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within six (6) months of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. Except the public street access to E. Ustick Road, direct lot access to E. Ustick Road, an arterial street, is prohibited in accord with UDC 11-3A-3. b. The applicant shall comply with the submitted home elevations attached in Exhibit A.4. Future homes adjacent to E. Ustick Road (Lots 2-6, Block 6, and Lots 2-5, Block 1) 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. c. With the first phase of development, the applicant shall install landscaping and site amenities as follows: 1. Construct the entire landscape buffer along E. Ustick Road, including replacing the existing gravel with vegetation and removing/relocating the existing split rail fence to the interior edge of the buffer in accord with UDC 11-3B-7C; 2. Construct Lot 4, Block 2, including the consolidation of Lots 11 and 19, Block 2 into a single common lot in the general vicinity between Lots 14 and 15, Block 2 and add a 5- foot wide walking path that connects Street B to Street F. 3. Construct the proposed clubhouse, either pool or outdoor kitchen and associated parking on Lot 20, Block 4 as proposed. The applicant shall obtain CZC and DES approval prior to applying for a building permit to develop the lot. d. With submittal of the second final plat application, (and before the 31st building permit is issued) the applicant shall provide a copy of a recorded emergency access to Wingate Lane. Said easement shall meet all of the requirements of the fire department. f. The development shall be limited to residents who are 55 years of age and older. g. The development shall be limited to 74 single-family lots. 1.1.2 The preliminary plat included in Exhibit A.2, dated 07/26/16, shall be revised as follows: a. For all common driveways, a perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. b. With the final plat application, the applicant shall provide an exhibit that shows the setbacks, building envelope, and orientation of the lots and structures on all common lots. c. A perpetual ingress/egress easement is required to be filed with the Ada County Recorder, which shall include a requirement for maintenance of a paved surface capable of supporting fire vehicles and equipment. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 16 d. Prior to the final plat application for phase 1 of the proposed development, the applicant shall provide a copy of the recorded emergency access easement. e. The applicant shall provide a stub street to the west or south boundary of parcel #S1105120653. f. The applicant shall provide two (2) parking stalls at the end of each of the five (5) common driveways. This change will bring the spaces closer to the units that will utilize them and limit their use by the other units in the development that meet the off-street parking requirements of the UDC. The applicant shall install wheel stops in all of the parking stalls to minimize vehicle overhang onto an adjacent sidewalk or landscaping area. 1.1.3 The landscape plan included in Exhibit A.4, dated 07/26/16, shall be revised as follows: 1. The applicant shall realign and combine two common lots (Lots 11 and 19, Block 2) so that the single common lot lines up with the existing Lot 4, Block 2. 2. The 10-foot multi-use pathway shall be paved and landscaped in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. The landscape plan shall be modified to show a 10-foot pathway along the north side of the South Slough and shall run from the west property line along the South Slough and shall run to the south property line. This 10-foot multi-use pathway shall be separate from the 5- foot sidewalks adjacent to the streets. 3. A recreational pathway easement for the pathway is required to be submitted to the Park’s Department, approved by City Council and recorded. 4. The applicant shall provide a micropath within that central common area on Lot 4, Block 2 from “Street B” to “Street F”. This requirement is in line with another staff recommendation to realign Lots 11 and 19, Block 2 to mirror the existing Lot 4, Block 2. 5. Include fencing adjacent to all micropath connections to distinguish common from private areas, per UDC 11-3A-7A.7.Provide a detail fence plan with each subsequent final pat application. 6. The South Slough is required to be fenced with an open vision fence at least 6 feet in height and having an 11-guage, 2-inch mesh or other construction, equivalent in ability to deter access to the waterway in accord with UDC 11-3A-6B. 7. If any of the existing trees on the site are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Any existing trees proposed to be retained on-site should be noted on the plan. 8. Landscaping is required adjacent to the multi-use pathway along the north side of the South Slough in accord with the standards listed in UDC 11-3B-12C. If the Irrigation District will not allow landscaping within their easement, provide an additional 5 feet outside of the easement for landscaping. 9. Construct the 25-foot wide landscape buffer adjacent to E. Ustick Road in accord with UDC 11-3B-7C.The gravel adjacent to E. Ustick Road between the sidewalk and the curb shall be removed and landscaped in accord with UDC 11-3B-7C. 10. The existing fence along Ustick Road shall be removed or relocated to the interior edge of the landscape buffer per UDC 11-3B-7C. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 17 1.1.4 A paved, 10-foot wide multi-use pathway and associated landscaping shall be constructed along the north side of the South Slough in accord with the Pathways Master Plan. A 14-foot wide recreational pathway easement is required to be provided along the north side of the South Slough for the multi-use pathway. The applicant shall coordinate with Jay Gibbons, Park’s Department (208-888-3579), on the location of the easement. The easement should be submitted to the Park’s Department for approval by the City Council and subsequent recordation, prior to signature on the final plat by the City Engineer. 1.1.5 A CZC and DES application is required to be submitted prior to issuance of building permits for the clubhouse. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Architectural Standards Manual. 1.1.6 Details of the proposed clubhouse have not been provided to staff. Prior to the Commission hearing, the applicant shall provide architectural elevations as well as a floor plan for the proposed structure. 1.1.7 Per UDC 11-5B-5B2, the Director approved the applicant’s request for alternative compliance to the parking standards listed in UDC 11-3C-6B per the site plan included in Exhibit A.2. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC Table 11-2A-7. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 1.2.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-3B- 7C. 1.2.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-3B- 11C. 1.2.9 Construct all parkways consistent with the standards as set forth in UDC 11-3A-17E, 11-3G-3B5 and 11-3B-7C. 1.2.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.11 Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.12 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-3B-13 and UDC 11-3B-14. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 18 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3F1. 1.3.3 The project is subject to all current City of Meridian ordinances. 1.3.4 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-3B. A surety agreement may be accepted for other improvements in accord with UDC 11-5C-3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-6B-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B- 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 A street lighting plan will be required with the submittal of development plans. Plan requirements can be found in section 6-5 of the Improvement Standards for Street Lighting at http://www.meridiancity.org/public_works.aspx?id=272 2.1.2 Developer shall be required to provide a second water main connection to the project to create a looped system. This second connection can be a second connection to Ustick Road per the Public Works Department; however a mainline valve will need to be installed in the Ustick Road main at the new tee location to provide a means of isolation. 2.1.3 This project falls within two sanitary sewer service areas, however, Public Works has evaluated the project and has determined that the entire project can sewer to the existing mainline in E. Ustick Road. 2.2 General Conditions of Approval EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 19 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian’s standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to the City Engineers signatures on the final plat. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28C1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 20 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro- paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-1-4B. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer’s expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found on the city of meridian Public Works Department’s website at http://www.meridiancity.org/public_works.aspx?id=272. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 21 deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-221. 3. POLICE DEPARTMENT 3.1 The Police Department has no comment on this application. 4. FIRE DEPARTMENT 4.1.1 One and two family dwellings not exceeding 3,600 square feet require a fire-flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 ½” outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10’. f. Fire hydrants shall be placed 18” above finished grade to the center of the 4 ½” outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28’ inside and 48’ outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28’ inside and 48’ outside and have a clear driving surface of 20’ in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Private Alleys and Fire Lanes shall have a 20’ wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 4.7 Provide signage (“No Parking Fire Lane”) for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.9 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13’6 as set forth in International Fire Code Section 503.2.1. 4.10 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 22 as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.11 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.12 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than ½ the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. The applicant shall provide a stub street to the property to the (west/east/north/south). 4.13 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.14 Maintain a separation of 5’ from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.15 All portions of the buildings located on this project must be within 150’ of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.16 All electric gates are required to be 20’ in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 4.17 Buildings over 30’ in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 All lots on common driveways need to get their carts to the street for trash pickup. 6. PARKS DEPARTMENT 6.1 The City's Pathways Master Plan identifies a 10' multi-use pathway along the north bank of the South Slough. The developer is required to provide a public pedestrian access easement for this pathway segment across the entire width of the development to the City and is required to construct the pathway per the City's pathway design standards. Contact Jay Gibbons, Parks & Pathways Project Manager to coordinate pathway and easement requirements. 6.2 Prior to City Engineer signature on the final plat, the applicant shall provide a pedestrian pathway easement covering the required multi-use pathway along the South Slough for signature and recordation by the City. 6.3 The applicant shall have an ongoing obligation to maintain all pathways. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 At the time that this staff report was written, comments had not been received by ACHD EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 23 C. Legal Description & Exhibit Map for Zoning Designation Boundaries EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 24 EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 25 D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject 12.01 acre property with an R-15 zoning district and develop 74 new single-family residential homes. The Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with adjacent residential uses if the plat is revised per the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-15 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 26 b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City’s capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relies upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. The Council considers any public testimony that may be presented when determining whether or not the proposed subdivision may cause health, safety or environmental problems of which Staff is unaware. f. The development preserves significant natural, scenic or historic features. The Council is unaware of any significant natural, scenic or historic features that exist on this site. 3. Alternative Compliance Findings: In order to grant approval for alternative compliance, the director shall determine the following findings: 1. Strict adherence or application of the requirements is not feasible; OR The Director finds that strict adherence to the parking standards is not desirable given the nature of the use and the operational characteristics of a 55 and over community. 2. The alternative compliance provides an equal or superior means for meeting the requirements; and The Director finds the alternative compliance provides an equal means for meeting the City’s parking standards. The number of parking stall required by the UDC is determined in section 11-3C-6. The section requires that each single-family lot provide two parking stalls within an enclosed garage and two in a driveway based on the number of bedrooms proposed for the units in question. The applicant is providing 19 off-street parking spaces as part of the development, and staff believes that with the additional 10 parking stall required at the end of each common driveway, and with the ability to park on one side of the street, that the proposal provides an equal means for meeting the requirements of the UDC. 3. The alternative means will not be materially detrimental to the public welfare or impair the intended uses and character of the surrounding properties. EXHIBIT A Blakeslee Commons Subdivision – H-2016-0066 PAGE 27 The Director finds that the proposed alternative will not be detrimental to the public welfare or impair the use/character of the surrounding properties. Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: PROJECT NUMBER: H-2016-0115 ITEM TITLE: Bainbridge Findings of Fact, Conclusions of Law for Approval for Bainbridge (McMullen Lateral Easement) (H-2016-0115) by Brighton Investments, LLC Located South of W. Chinden Blvd between N. Black Cat Road and N. Ten Mile Road MEETING NOTES rte✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0115 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to UDC 11-3A-6C, which Requires Irrigation Easements Wider than Ten (10) Feet to be Included in a Common Lot that is a Minimum of 20 Feet Wide and Outside of a Fenced Area, by Brighton Development. Case No(s). H-2016-0115 For the City Council Hearing Date of: October 18, 2016 (Findings on November 1, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 18, 2016, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 18, 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-2016-0115 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 18, 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 modification to UDC 11-3A-6C is hereby approved per the Staff Report for the hearing date of October 18, 2016, attached as Exhibit A. D. 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. E. Attached: Staff Report for the hearing date of October 18, 2016 By action of the City Council at its regular meeting held on the day of 1✓o V &1)beA- , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Ye COUNCIL VICE PRESIDENT JOE BORTON VOTED Ye4 COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED YtA" COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER LUKE CAVENER VOTED 4 COUNCIL MEMBER GENESIS MILAM VOTED I&t MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tan nri e Weer Attest: 09-Yyor to V c\ W -4 E jD1ANS! S AL AH City Clerk Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: G - 14/ 610 Dated: City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2016-0115 -3 - EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 1 STAFF REPORT MEETING DATE: October 18, 2016 TO: Mayor and City Council FROM: Sonya Allen, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Bainbridge (McMullen Lateral Easement) – MI (H-2016-0115) I. APPLICATION SUMMARY The applicant, Brighton Development, has applied for a modification to UDC 11-3A-6C, which requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area. See Staff Analysis is Section V for more information. II. STAFF RECOMMENDATION Staff recommends approval of the Applicant’s request per the analysis included in Section V. The Meridian City Council heard these items on October 18, 2016. At the public hearing, the Council approved the subject MI request. a. Summary of City Council Public Hearing: i. In favor: Van Elg ii. In opposition: None iii. Commenting: None iv. Written testimony: Van Elg, Applicant’s Representative (in agreement with staff report) v. Staff presenting application: Caleb Hood vi. Other staff commenting on application: None b. Key issue(s) of Public Testimony: i. None c. Key Issues of Discussion by Council: i. None d. Key Council Changes to Staff/Commission Recommendation i. None III. PROPOSED MOTION Approval I move to approve File Number H-2016-0115 as presented in the staff report for the hearing date of October 18, 2016, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number H-2016-0115, as presented during the hearing on October 18, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2016-0115 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for co ntinuance.) EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 2 IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject easement is located ½ mile south of W. Chinden Blvd. and ¼ mile east of N. Black Cat Road and extends east to N. Ten Mile Road, in Section 27, T. 4N., R. 1W. B. Applicant: Brighton Investments, LLC 12601 W. Explorer Drive, Ste. 200 Boise, Idaho 83713 C. Owner: Brighton Investments, LLC 12601 W. Explorer Dr., Ste. 200 Boise, Idaho 83713 D. Representative: Van Elg, Brighton Development 12601 W. Explorer Dr., #200 Boise, ID 83713 V. STAFF ANALYSIS The applicant has applied for a modification, as allowed at a public hearing with notice to surrounding property owners, to UDC 11-3A-6C which requires irrigation easements wider than 10 feet to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area. The McMullen Lateral runs along the southern boundary of this site within a 30-foot wide prescriptive easement (see Exhibit A.2). When the preliminary plat for Bainbridge was approved in 2013, the lateral was proposed to be piped and half of the easement contained within a 15 -foot wide common lot on this property with the other half within a 15-foot wide common lot on the adjacent development to the south (Volterra North). This was purportedly agreed upon by the subject developer and the owner at that time of the property to the south. A pathway was proposed to be constructed as an amenity within the common lot for pedestrian access to the school site to the west. Since that time, ownership of the property to the south has changed. Staff recently met with the applicant, property owner to the south and the User’s Association for the McMullen Lateral to discuss the location of the easement between the two developments. The applicant agreed to absorb 20 feet of the easement with the main gravity pipe at the 10 foot mark; and the adjacent developer agreed to absorb the remaining 10 feet of the easement within building lots on the Vicenza (fka Volterra) property. The Users Association for the lateral agreed to allow the easement to be located within building lots provided that the Homeowner’s Associations for both developments are responsible for all repairs via a license agreement (see email in Exhibit E). Because the adjacent developer does not intend to include the 10-foot wide easement in a common lot, staff and the applicant does not feel a 15-foot wide common lot is wide enough to provide a pathway as originally proposed as it would create a narrow corridor between the building lots. Therefore, the applicant would like to locate the easement on building lots rather than within common lots. In lieu of the pathway, the applicant proposes that the swimming pool in phase 2 that was not part of the original approval be allowed to replace the pathway as an amenity. Staff supports the proposed replacement amenity. EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 3 The proposed modification only applies to the portion of the McMullen Lateral that runs east/west along the southern boundary of Bainbridge Subdivision that is depicted on the approved preliminary plat in a common lot. The portions of the lateral that were re-routed through the development that were shown within an easement are allowed to remain in such as an entitlement of the preliminary plat. While staff feels the best location for the easement is within a common lot(s) for maintenance purposes, because the Users Association is in favor of the proposal, staff also supports the request. The CCR’s for the proposed development should clearly state the maintenance responsibilities and planting/building restrictions for the lots affected by the easement. VI. EXHIIBITS A. Vicinity Map B. Preliminary Plat (dated: 4/30/13) C. Proposed Final Plat (dated: 8/18/16) D. Proposed Landscape Plan (dated: 7/7/16) E. Email from Don Brown, McMullan Lateral WUA President (dated: 8/23/16) EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 4 Exhibit A – Vicinity Map ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââ ââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââââ XY L-O L-O C-C R-15 C-NR1 R-4 L-O R-8 RUT R1L-O R-8 L-O RUT C-G R-15 R-4 R-4 R-8 R-15 R-15 R-8 C-C R-8 R-4R-15 RUT R-8 R-4 N B l a c k C a t R d W Chinden Blvd W Chinden Blvd N T e n M i l e R d W McMillan Rd W Wolf RapidsDr W Selway Rapids Ln W Root Creek St N S a n V i t o W a y N L i c h f i e l d Av e W Wolf Rapids St W Gondola Dr N T h r e e Li n k s L n W Sunny Cove St W Tango Creek St W Lost Rapids Dr N S e a c l i f f A v e WHungry Cre e k S t W Vanderbilt Dr W WolfRapids St W Tango Creek Dr W Wapoot St N J o y W a y N B i g C e d a r A v e W Sa n d Wedg e S t N V e r c e l l i W a y N A s i s s i Av e N E y n s f o r d A v e W Anatole Dr W R a v ennaSt W L o st RapidsSt W Ditch Creek St W Cedar Grove St W Divide Creek St N S i l v e r S p r u c e A v e N B l a c k S a n d A v e W Ladle Rapids St WVanderbiltDr W Caraga n a C t W Daphne St N Sa l v i a W a y W Cedar Grove St W Wapoot St W Ravenna St W Daphne St N S p i n d r i f t A v e W Riva Capri S t WSand Wedg e S t W Milano St N L e v i L n W G l a d e Creek Dr N S a n t a R i t a A v e W Ramblin Ct W Divide Creek Dr W Ditch Creek Dr W Selway River Ln W Wapoot Dr W Milano Dr W Malta Dr W Larry Ln N J o y A v e N C a r l e s e A v e N B o l s e n a A v e N A s i s s i W a y N F a r l e i g h Way N B o t t i c e l l i A v e N T o s c a n a A v e N S i l v e r E l m W a y N C o r t o n a W a y N A r e z z o A v e N B l a c k S a n d A v e N B o l s e n a A v e N B o t t i c e l l i A v e N B o l s e n a A v e N T r e e F a r m W a y N E x e t e r A v e W Turin C t N J o y S t N B l a c k S a n d A v e N S p u r w i n g W a y Chinden Blvd. EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 5 Exhibit B – Preliminary Plat (dated: 4/30/13) McMullen Lateral EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 6 EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 7 EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 8 EXHIBIT A Bainbridge (McMullen Lateral Easement) – MI H-2016-0115 9 Exhibit E – Email from Don Brown, McMullan Lateral WUA President (dated: 8/23/16) -----Original Message----- From: Don and Angie Brown [mailto:beaverbrown4@gmail.com] Sent: Tuesday, August 23, 2016 9:04 AM To: Bill Parsons; Bruce Freckleton Cc: Mark Phillips; Mike Siron; Jeanette Johnson; Rod Wagner Subject: McMullen Lateral Good morning Bill and Bruce, This letter is to confirm the following: The McMullen lateral has a 30 foot easement for development purposes along the lateral. Volterra and Bainbridge subdivisions are developing along the lateral with adjacent properties. Bainbridge has agreed to absorb 20 feet of this easement with the main gravity pipe at the 10 foot mark. Volterra with absorb 10 feet of this easement. They will be running pressurized irrigation. We are allowing this development on buildable lots along the lateral by both subdivisions with the understanding that the HOA's of the new developments will be responsible for all repairs and both developers will be placing this verbiage in their license agreements. The McMullen will not be financially responsible for any repairs, if needed, and said repairs will not preclude any member of the WUA from receiving their allotment of water. If you need any additional information from me, do not hesitate to ask. Regards, Don Brown McMullen Lateral WUA President Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 5D PROJECT NUMBER: H-2015-0016 ITEM TITLE: Una Mas Addendum to Development Agreement for Una Mas (H-2015-0016) with Una Mas, LLC Located at a Parcel of Real Property Lying in East 1/2 of Government Lot of Section 4, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho MEETING NOTES uy APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-106279 BOISE IDAHO Pgs=5 CHE FOWLER 11/02/2016 12:38 PM CITY OF MERIDIAN, IDAHO NO FEE ADD NDUNI TO DEVr<,I,OPNIIFNT AGIZEEMEIV')' PARTIES: 1. City Of Meridian 2. Una lYtas, LLC, Owner/Developer 3.. SVP -D, LLC, Owner/Developer THIS ADDENDIJM TO D}1VFL1LOPNIFNT AGRIIEMENT is clatecd this _ clay of o/yem6o r , 2016, ("ADDENDUNT), by and between City crf ]Vte1•idiaii, a mtulieipal corporation cif tle State of Iclaho ("CffY") whose address is 3;3 b. BroadwayAveirtte> Meridian, Idaho 83642 and Uraa Alas, LLC; ("0WN17,R/DEVELOPER" j. whose address is 1717 E, Chisholm DriVe, Nampa, ID, 83687 and SFP-p, LLC, ("OWNER/DEVELOPER"), whose address is P.O. Box 5350, Bend, OR 07701. RECITALS A. CITY and OWNERS/DEVELOPERS entered into that certain Development Agreement that Nvas recorded on August24, 2.006 in the real property records of Ada County as Instrument No, 106.137048 ("MM-N:,OPit'IEN'I' AGREEMENT'') on the parcel o{'property ns described in Exhibit A, attached hereto. B. CITY and WA/NFRS/DBVEI,OPI RS now desire to amend the Development Agreement, 4vhieli teems havo been approved by the Meridian City C mincil ili accordance. with l-daho Cade. Section 67-6511: NOW, THEREI+ORE, in cons icleration ai'the covenants and conditions set forth lie"oin, the parties agree as follows: 1. OWNERS/D1: VF-,LOPERS shall be bound by the terms of the Development Agreement, except as specifically amended as follows; S. C'OINDTTZONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY S. I. Ul'ijl?L'r/Deve%pc�r ,sl7zrll def1e/vp tlzu Pr•nper•/}l rf� acc�or�cicu.rce �l�ii/�.lhcy fnllolvin s1mcin/ c•nrr(liflon'Y' AI)DBNDU,Nf TO bLVELC)P\iI N"1' ACIItE(\(1.N'I`- IMDA H-2015-0016 — UNA N'W Puge I of t 5.1.12 Ilzcitthe applicant shall submit an crphlie(I1iol7.1or (Iesign review with each buihlhig Cel-- Jic,crle of'Zonijag Compliance. 2. That Owners/Developers agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation if the Owners/Developers, or their assigns, heirs, or successor shall not meet the conditions ofthis Addendum, and the Ordinances ofthe City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the pal -Lies' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owners/Developers of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners/Developesr, to ex.eeute appropriate and recordable evidence oftermination of this Addendurn if City, in its sole and reasonable discretion, had determined that Owners/Developers have fully performed its obligations Under this Addendum. 4. if any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owners/Developers and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owners/Developers and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the- uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of tile City Council after the City has conducted public lhearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendums, all terms orthe previous Agreements shall remain in full force and effect. ADDENDUMTO f�F VELnP1t�iGN'1' AGRh,l;MGN'I - MDA 11-20 15-(,)()16 — (JNA NIRS Pace 2 ol'4 ACKNOWLEDGMENTS IN'AlfTNE3SS NVFILREop, the parties have herein executed this Addendum and made it effective as hereinabove provided, OWNEWDEVELOPER CITE.' Or, MERIDIAN Mayor], ►n de Weerd STAT[; OF IDAHO ) ss. County of Ada ) W _ W OWNER/DEN TLOPER; SFP-D, LLC By: Attest: City Clork. SEAL C.�ay es \P" On this "� day of ()e-jcbo( . 2016, before nic, the ur►clersigned, a Notary Public andFor said State, personally appetird. knm-Nin or ide)ltified to me to be the \ernbc>_r of Uinta Mas, LLC, the pe►; on whoexecutecl the. instrument on behalf of said Idaho company, IN WITNESS WHEREOF, I have hereUlltU set my hand and affixed my official seal the clay and year in this certificate First above written, t� Not<u'y Public for Idaho r' QL Rcs*iding.at:.. &6011 h%1_-1 commission expired I ADDENDUM TO DI-.JN NIDA 11-20) a-0016 —UfNA MAS Page 3 cifl STA,rc OF C" county of ich o I ) )) On this 13 day of C ( 2 )1 G, before m �, the indersined, a Notary Public in and for said State, personally appeared�l�?/ j, a y, known of identified to me to be the ? e _ 6'`l- of SSP -D, C, lhc• person �vho exc cuteil the instrument on behalf of said company, IN W f'FN1 SS Wl-fRRE0F,1 h)lve. liel4etlnto set my hand and nFlixed my official seal the clay and year in this certificate first above written, L� Notary Public for r� J` '� d/t� OFFICIAL STAMP — �! BONNIE* M. MCCOY Residing at: - � -th NOTARYPUBLIC-OREGON My Commission COMMISSION NO, 939960 MY COMMISSION SXPIR�S JUNE 14, 2019 STA`T'E; OF IDAI-f0 ) : ss County of Ada ) On (his^clay of )D yvt�'jp� , 2016, bcfc�re nye, a Notary Ptiblic, O jqy ilfl (eS personally appeared Tammy de Weerd and � � i, ;no�vn or identified to me to be the Mayor and Clerk, respectively, of the Cite of Meridian. who eteetlted the instrument or (he person that CXeeuted the instrument of behalf of said City, and acknowledged to me that such City executed the stone. tN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my official seal the clay and year in this certificate first �ihove. written. `,Olse$$11ffetO®®I `41 `AZA I E OF ae♦�®� ®®e®er►etfeetet� h Notary Public for Idaho Residing a(: Commission expires: _V, p ADD13NDU\4 TO 1) EAI I LoP\,TEN"1'/IC.iR13E\tENT- \4DA I1-2015-0016 - l(N.1 IMAs Pulte 4 oI'4 EXHIBITA 11/21/2685 16:1.7 268586 1 L4,11-IMITED 13IES Np(A-- nL LEGAL DESCRIPTION FOR HANSEN-RICE, INC, ANNEXATION PARCEL CITY OF MEtLIDIAN VSTICK ROAD PROJECT The following d*=ibes apersel of real property tying in Bw llR of Govemmom Lot 4 of Section 4, Township 3 Notch, Rug 1 }east, Boise Meridian, Ada County, Idaho, and being mora particularly described as follows: Commaneipg at the Northwest Corner of said Section 4, said corner marked by a Brass CAp Monument (FTS 6111); Thence, along the Northerly line of said Section 4, N8903512.2"E, 830-94 fiord (formorty S99449126'T, 930-94 ficet) to the Northwest corner of the property dagodbod in Wwrmy Dead Ins rument Numbers 105046906 & 105119521 the POINT OFBXGINNWG; Thence, continuing along said Nordwly line of Section 4 and the Northerly line of the pmpetty deswiiW in said Warranty Deed l burnent Number 105046906, N89035'23"E, 332.37 feet (formerly 599°49'26"1, 332,37 feet) to the Northeast corner of the property described in said Warranty Deed Instrument Number 105046906; Thence, S00100'08T, 1290,34 feat to the Southeast comer of the property deserlbed in Warranty Ned InthwWat Numbor 105119521 to a 5/8" Iron pin (PLS 5710); Dance, S89"32'42 W, 332,39 feet to the Southwest comer of the property described in said Warmty Deed Instrument Number 105119521 To a 5/8" Iron pin (PLS 5710), 71tenco, N00°00'061W,1290,60 (bet to the rOYNT Or UGVgNING, comprising 9,85 acm more or less, SUBJECT TO: All easeme»te or reservations appearing on the above described parcel of land, Una Mas MDA H-2015-001.6 — Exhibit A Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 5E PROJECT NUMBER: H-2015-0024 ITEM TITLE: Eagle Commons Developement Agreement for Eagle Commons (H-2015-0024) with James A. Kissler, LLC, Owner/Developer for A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records of Ada County. Said parcel being situated in a portion of the SW 1/4 of the SW 1/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho MEETING NOTES rte✓ APPROVED' Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-106278 BOISE IDAHO Pgs=34 CHE FOWLER 11/02/2016 12:37 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. James A. Kissler, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of �lOiJG , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and James L. Kissler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho 83705, hereinafter called OWNERIDEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511Aprovides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 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, Owner/Developer has submitted an application for the Modification of a Development Agreement that was required as a provision of annexation of the property in 1995.(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, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and 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 DEVELOPMENT AGREEMENT —EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 1 OF 10 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 26'�' day of January, 2016, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in frill. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement; which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to James A. Kissler, LLC, whose address is 1125 W. Amity Road, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT- EAGLE COMMONS AT OVERLAND MDA H-20150024 PAGE 2 OF 10 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. The subject property shall develop in substantial compliance with the conceptual development plan included in Exhibit A.4 of the Staff Report attached as a portion of the Findings of Fact and Conclusions of Law (Exhibit "B") and the provisions in this agreement. b. A 35 -foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor, a -10 -foot wide street buffer is required along the future local commercial street (Silverstone Way) and a 10 -foot wide street buffer is required to be constructed along S, Rackham Way, a local street, per UDC Table 11-2B- 3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. If Rackham Way is vacated in the future, a street buffer is not required. c. A 25 -foot wide landscape buffer shall be provided along the east boundary of the site abutting the residential uses in Jewell Subdivision, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11-313-9C, unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11 -3B -9C.2. d. A 10 -foot wide multi -use pathway shall be constructed alongthe north side ofthe Fivemile Creek from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also be provided along Silverstone Way to E. Overland Rd. This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACHD. Landscaping is required to be installed on each side of the pathway along the creels in accord with the standards listed in UDC 11 -3B -12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi- use pathway along the creek -with the first phase of development. DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 3 OF 10 e. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11 -3A -8H. f. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. g. The Fivemile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11 -3A -6B. h. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan. as Lot 1, Major A), the applicant shall subdivide the property and comply with ACHD requirements for the extension of Silverstone Way. i. A cross-access/ingress-egress easement shall be provided to the property to the east (Zamzow's, parcel #R4626240051, where the driveway stub is currently located) or, right- of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City; or, right-of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. j. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof). k. A gate that meets the Fire Department's requirements shall be installed across the emergency access driveways via S. Rackham Way to prevent access by the public until the portion of the site depicted on the concept plan as Lot 3 develops. Once said portion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. 1. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11 -2B -3A.4. in. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. n. All lighting proposed on the site shall comply with the standards listed in UDC l 1 -3A - 11C. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. o. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to DEVELOPMENT AGREEMENT—EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 4 of 10 just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occupancy. p. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with subdivision of the property, unless S. Rackham Way is vacated. q. The developer shall construct a 6 -foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodway in accord with FEMA. regulations. r. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this property prior to issuance of the first building permit for this site. One building pen -nit for Norco is allowed to be issued prior to subdivision of the property. s. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.iiieridiancit},,,�DIM/pLiblic /public works. asox? i d=272 t. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way, Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. u. Per Meridian City Code (MCC), the applicant shalt be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6- 5. v. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property fiom the existing I0 -inch main stub at E. Overland Road and S. Silverstone Way to the existing 16 -inch main adjacent to S. Rackham Way. x. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 - feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x l I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OvERLAND NIDA H 2O15�0024 PAGE 5 OF 10 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CO 1 DE -ANNEXATION D REVERSAL 1 ZONING DESIGNATION. - 7.1 1 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or bythe assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control ofthe 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 Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLAND NIDA H-2015-0024 PAGE 6 OF 10 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance orpolicy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING-: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFO NCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the. City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: James A. Kissler, LLC 1125 W. Amity Road Boise, ID 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 DEVELOPMENT AGREEMENT -EAGLE COMMONS AT OVERLANDA4DAH-2015-0024 PAGE 7 OF 10 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 parry 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 aclmowledge and agree that time is strictly ofthe essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS. This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fiilly performed its obligations under this Agreement. 18, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. 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 DEVELOPIVIENT AGREEMENT - EAGLE COMMONS AT OVERLAND MDA H-20150024 PAGE 8 OF 10 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 ofthe. City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided fora zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the. date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: James A. Kissler, LLC By:° .. eol OE0 AUGUST oQQ 'mooIERIDL&N v w 2 City of IDIAN�- By: s� SEAL �� Mayor Ta y de Weerd ATTES o�yr�R o! the TREPSJ�� City Clerk Ce) DEVELOPMENT AGREEMENT—EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE OF 10 STATE OF IDAHO ) ss: County of Ada, ) a On this day of , (' 7 , 2016, , efore me,t e undersigned, a Notary Public in and for said State, personally appeared / ' ;('(� , known or identified to me to be the P 1,01(1 /_ of James A. Kissler, 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. (SL) KINDEL JO DE LEON Notary Public Notary Public for da State of Idaho g���� / Residin at: r My Commission Expires. �= STATE OF IDAHO ss County of Ada ) On this I day of A/6 UC''111)N- , 2016, before me, a Notary Public, personally appeared Tammy de Weerd and3aycee��olma4t3know 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 fist above written. -__ Notary Public f r Idaho Residing at: O�l�l A � eal Commission expires: -� DEVELOPMENT AGREEMENT EAGLE COMMONS AT OVERLAND MDA H-2015-0024 PAGE 10 OF 10 Quadran Consulting, Inc. February 5, 2016 EXHIBIT A PARCELS A, C, AND D FROM RECORD OF SURVEY #9885 COMBINED LEGAL DESCRIPTION A parcel of land being all of parcels A, C, and D as shown on Record of Survey Number 9885, records of Ada County. Said parcel being situated in a portion of the SW Y4 of the SW '/4 of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho more particularly described as follows: Commencing at the Southwest corner of said Section 16, thence North 00°49'23" West 1326.95 feet along the West line of said Section 16 to the Northwest corner of said SW % of the SW '/4, thence leaving said West line South 89023'14" East 240.69 feet along the North line of said SW'/4 of the SW '/4 to a point on the East Right -of -Way line of South Rackham Way, said point being the POINT OF BEGINNING, thence continuing along said North line South 89°23'14" East 1098.71 feet to the Northeast corner of said SW'/ of the SW'/, thence leaving said North line South 00°31'36" East 1263.87 feet along the East line of said SW'/ of the SW'/ to a point on the North Right -of -Way line of East Overland Road, thence continuing along said North Right -of -Way line North 88°06'31" West 108.81 feet, thence South 46°53'29" West 15.32 feet, thence leaving said North Right -of -Way line North 00031'36" West 295.73 feet, thence North 16°22'02" West 138.11 feet, thence North 80°47'54" West 122.87 feet, thence North 76008'54" West 197.68 feet, thence North 61'22'54" West 184.44 feet, thence North 78°47'54" West 209.34 feet, thence South 73°24'06"West 103.96 feet, thence North 83°56'54" West 102.65 feet, thence North 51026'41 " West 194.47 feet to a point on said East Right -of -Way line of South Rackham Way, thence North 08°45'07" East 562.46 feet along said East Right -of -Way line to the POINT OF BEGINNING. Said parcel contains 902,186 square feet or 20.712 acres more or less. r1l �`1 I.q/UQ ZENSJF `yG4878 q X 08 FEi3 16 1904 W. Overland Road • Boise, ID 83705 • Phone (208) 342-0091 • Fax (208) 342-0092 • Internet: www.quadrant.cc Civil Engineering • Surveying CITY OF MERIDIAN (� EAN..---. g1DTFINDINGS OF FACT, CONCLUSIONS OF LAW ,j AND DECISION & ORDER IDAHO In the Matter of the Request for a Modification to the Development Agreement Provisions Associated with Annexation Ordinance #719 (Langly Associates, Inc., I-84 Center), by Eagle Commons at Overland, LLC. Case No(s). H-2015-0024 For the City Council Hearing Date of: December 15, 2015 and January 15, 2016 (Findings on January 26, 2016) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 2, Process Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 3, Application and Property Facts (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) 4, Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 5, 2016, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the carnrmnt(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 Cleric and then a copy served by the Cleric 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-2015-0024 - 1 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 5, 2016, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per provisions in the Staff Report for the hearing date of January 5, 2016, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement modification shall be signed by the property owner(s) and returned to the City within two (2) years of the City Council granting the modification (UDC 11 -513- 3F,2). 1 -5&3F.2). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 678003, 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 January 5, 2016 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 2 - �-f"' - By action of the City Council at its regular meeting held on the ?� day o , 2016. COUNCIL PRESIDENT KEITH BIRD VOTED Q� COUNCIL VICE PRESIDENT JOE BORTON VOTED -JI -it' COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED W COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MIT -AM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd Attest: Jaycee W] City Clerk LD A iU �.Us W C*tM1AN*--' SEPI, ti TP @ Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: Dated:_ City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0024 - 3 - EXHIBIT A STAFF REPORT I HEARING DATE: January 5, 2016, (Continued from: December 15, 2015) TO: Mayor and City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: Eagle Commons at Overland — MDA H-2015-0024 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Eagle Commons at Overland, LLC, requests approval of a modification to the development agreement (MDA) that was required as a provision of annexation of the property in 1995 to include a new conceptual development plan and specific provisions related to development of the site. See Sections W. C and IX. Analysis below for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as requested by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015-0024 as presented in the staff report for the hearing date of January 5, 2016, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny H-2015-0024 as presented during the hearing on January 5, 2016, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number H-2015-024 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located off the northeast corner of S. Eagle Road and E. Overland Road, in the southwest 1/4 of Section 16, Township 3N., Range IE. B. Owner: James A. Kissler, LLC 1125 W. Amity Road Boise, ID 83705 C. Applicant: Jeff Huber, Eagle Commons at Overland, LLC 8385 W. Emerald Boise, ID 83704 Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A D. Representative: Jeff Huber, White -Leasure Development Company 8385 W. Emerald Boise, ID 83704 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 23 and December 7, 2015 C. Radius notices mailed to properties within 300 feet on: November 19, 2015 D. Applicant posted notice on site by: December 1, 2015 VI. LAND USE A. Existing Land Use(s): This property consists of rural residential/agricultural land that has not yet been developed, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant/agricultural land, zoned C -G West: S. Eagle Road/1-84, zoned C -G South: Undeveloped land and an ACHD park and ride lot, zoned C -G East: Residential properties in Jewell Subdivision, zoned Rl in Ada County; and commercial property (Zamzow's), zoned C -G C. History of Previous Actions: In 1995, this property was annexed with a C -G zoning district as part of the development area for the 1-84 Center, which consisted of 73.5 acres of land (Ord. #719; Langly Associates, Inc.). A development agreement (DA) was required as a provision of annexation to be entered into prior to the preliminary plat being approved and required all of the property to develop as a commercial planned development. A conditional use permit for a planned commercial development was also approved for a 700,000+/- square foot retail center but has since expired. Note: There is additional land (52+/- acres) to the north that was part of these applications that is not part of the subject application. The applicant for the previously approved project chose not to proceed with development; therefore, the DA was never executed; however, the provisions of annexation still apply to development of the property. A property boundary adjustment (PBA -14-008) was tentatively approved on July 14, 2014; however, final approval was never obtained. A record of survey (#9885) was approved which adjusted the boundary of the site to include frontage on E. Overland Road. The PBA must be finalized with. the Planning Division prior to the issuance of a building permit for the Norco site (phase 1). VII. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant proposes to modify the previously required provisions of the DA consistent with the development plan currently proposed for the southern 21.25 acre portion of the 73.5 acre annexation Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A area (see Exhibit A.3), The DA was required as a provision of annexation of the property but was never executed; development of the property as a whole is still tied to the provisions associated with the annexation. Note: When the property to the north develops, the developer of that property will also be required to enter into a DA; the provisions of this MDA do not apply to development of thatproperty — the provisions associated with the annexation still apply, unless otherwise amended through a future development agreement modification. The previously approved conceptual development plan depicted a power center consisting of 700,000 square feet of commercial retail uses on this site and the 52+/- property to the north (see Exhibit A.2). The DA provisions included in the Findings for the annexation of the property are included in Exhibit A.3. Because the project was approved 20 years ago, a lot of these provisions are now standard development requirements contained in the UDC and are unnecessary to include in a DA. Other provisions that may still be applicable are listed below with staff's analysis in italics. a. Prior to submittal of any plats, conditional use applications, or building plans, donate to the City of Meridian a 100' x 100' well site at the proposed site and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian. The City Engineer has deemed the well lot is no longer necessary to be provided. b. The property is required to be subdivided, a conditional use permit is required for all development on the property, and design review is required for all structures. Staff has verified that the subject three parcels are "original parcels of record" as defined by UDC 11 -IA -1; however, the property boundary adjustment (PBA) that received tentative approval in 2014 needs to be finalized to reflect the current boundary of the site. With finalization of the PBA, staff supports the applicant's request to be allowed one building permit to construct the building for Norco; prior to issuance of subsequent building permits, the property should be subdivided prior to issuance of a Certificate of Zoning Compliance. Design review is required per the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual; it's not necessary to be included in the DA. Staff does not recommend that a CUP is required for all uses, only those that require CUP approval in the C- G zoning district. STAFF'S ANALYSIS ON THE CONCEPTUAL DEVELOPMENT PLAN PROPOSED BY THE APPLICANT IS AS FOLLOWS: Conceptual Development Plan: The applicant proposes to develop the site in three (3) phases. The first phase will include the construction of a 2 -story 86,000+/- square foot store for Norco and associated parking and drive aisles. The ground floor will have a retail showroom for medical and industrial supplies with a warehouse and retail storage. The second floor will house a new billing office for the medical side of Norco. The second phase will include the construction of an 85,000 to 95,000 square foot single -story commercial/retail store. The third phase will consist of single pad site (Lot 3) along the west boundary of the site; no specific users are identified at this time but will consist of uses allowed in the C -G district per UDC Table 11-2B-2. Future Land Use Map (FLUM): The FLUM designation for this site is Mixed Use — Regional (MU - R). The purpose of the MU -R designation is to provide a mix of employment, retail, and residential dwellings and public uses near major arterial intersections. The intent is to integrate a variety of uses together, including residential, and to avoid predominantly single -use developments such as a regional retail center with only restaurants and other commercial uses. Developments should be anchored by uses that have a regional draw with the appropriate supporting uses. Residential uses should comprise a minimum of 10% of the development area at densities ranging from 6 to 40 units/acre. Retail commercial uses should comprise a maximum of 50% of the development area. There is neither a minimum nor maximum imposed on non -retail commercial uses such as office, clean industry or entertainment uses (see pgs. 30-31, Comprehensive Plan for more information). Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A The site is located near the northeast conger of S. Eagle Road and E. Overland Road, a major arterial intersection. The application states that the Norco store proposed with Phase 1 will employ approximately 200 people. The large retail store proposed in Phase 2 will likely provide a much needed service in this area; and the development of Lot 3 should add to the variety of commercial uses in the development. No residential uses are proposed. Because The Village shopping center further to the north at Eagle Road and Fairview Avenue has developed since this property was annexed, Staff feels the existing plan for a power center may no longer be feasible; therefore staff supports the proposed employment use associated with the Norco site and a large retail store with supporting uses on Lot 3; however, because this site is designated MU -R, residential uses should be included in the plan. Because this site is part of a larger area that is also in the MU -R designated area, and is subject to the same development agreement requirement, staff would encourage a residential component to be included with development of the property to the north to provide the mix of uses required in this area. Access: Access is proposed to be provided by a driveway via E. Overland Road at a partially signalized intersection (E. Overland Rd./S. Silverstone Way). The submitted concept plan depicts a 30 -foot wide commercial driveway around the perimeter of the site which will provide temporary access to the Norco site and two (2) emergency accesses for the Fire Department are proposed at the west boundary of the site via S. Rackham Way and may be gated until such time as Lot 3 develops. Staff has consulted with ACHD on the transportation requirements associated with development of this site and based on their comments they are requesting the following from the developer when the property is platted: 1) A Traffic Impact Study (TIS); 2) The extension of S. Silverstone Way (with curb, gutter and sidewalk) as a collector street from E. Overland Road through the site to the north property boundary for future extension in accord with ACHD standards. This would allow both the Elk's and the Zamzow's properties access to the signalized intersection. Staff recommends the applicant deed the right-of-way of the collector road to ACHD prior to subdividing the property so the roadway can be constructed by the applicant with the first phase of development; 3) Rackham Way would need to be improved as a local street (with curb, gutter and sidewalk) in accord with ACHD standards. NOTE: At some point in the f rture, S. Rackham. Way nlay re -align farther towards the east in accord with the development agreement in effect for the Overland pillage annexation. (AZ-08-001)(DA #109134179); and 4) Per an existing agreement, contribute funds toward the cost of the existing signal at Overland and Silverstone. Further, Staff recommends right-of-way be expanded to the east property boundary to provide public street frontage to Parcel #R4626240075; this will allow for the development of a stub street in that location in the future if the property to the east redevelops commercially as anticipated. Landscaping: A 35 -foot wide street buffer is required along E. Overland Road, an entryway corridor and a 20 -foot wide street buffer will be required adjacent to the future collector road; and a 10 -foot wide street buffer is required along S. Rackham Way, a local street, per UDC Table 11-2B-3 in accord with the standards listed in UDC 11 -3B -7C. Typically, a 25 -foot wide landscape buffer to residential uses is required as proposed along the east boundary of the site per UDC Table 11-213-3 in accord with the standards listed in UDC 11-313-9C. If a collector road is constructed along the east boundary as desired by staff and ACHD, the applicant will only be required to construct a 20 foot wide landscape buffer in accord with UDC Table 11-2B-3. Lighting: All lighting proposed on the site shall comply with the standards listed in UDC 11-3A-11 C. Light fixtures that have a maximum output of 1,800 lumens or more are required to have an opaque top Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A to prevent uplighting; the bulb should not be visible and should have a full cutoff shield; and should be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. Waterways: The Fivemile Creek runs east/west along the southern boundary and across the proposed driveway via E. Overland Road to the east boundary of this site. The creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during construction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11 -3A -6B. Pathways: A 10 -foot wide multi -use pathway is proposed along the north boundary of the Five Mile Creek in accord with the Pathways Master- Plan; a public pedestrian easement is required to be submitted to the City, approved by City Council and recorded. Landscaping is required to be installed on both sides of the pathway in accord with the standards listed in UDC 11 -3B -12C. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Direct, per UDC 11 -3A -8H. Minimum five-foot wide pedestrian walkways should be provided internally within the site from the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. Fencing: Fencing is not depicted on the site plan. Any fencing constructed on the site should comply with the standards listed in UDC 11-3A-7. Staff recommends a 6 to 8 -foot tall fence/wall is constructed along the east boundary of the site adjacent to residential uses with the first phase of development. The applicant should work with the neighbors to determine an appropriate fencing height and material. Floodplain: A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. All future buildings on the site and the layout of the site is required to obtain design review approval in accord with the standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual (or any updated versions thereof). Hours of Operation: Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11 -2B -3A.4, Design: All future structures on the site and the layout of the site are required to comply with the standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual (or any updated versions thereof). The building proposed in phase 2 depicted on the conceptual development plan as "Major A" should be restricted to a single -story in height as proposed by the applicant to better integrate with the residential properties to the east. In addition to the DA provisions associated with the annexation of this property that staff recommends above still be included, Staff also recommends ner•v provisions be added to the DA as discussed above. Staff recommends approval of'the proposed MDA pea° the provisions in Exhibit A.5. and the conceptual developinentplan included in Exhibit A. 4. Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A X. EXHfBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Previously Approved Conceptual Development Plan 3. Existing Development Agreement Provisions 4. Proposed Conceptual Development Plan 5. Proposed Changes to the Development Agreement Provisions 6. Legal Description of Property Subject to Development Agreement Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A Exhibit A.1: Vicinity/Zoning Map Eagle Commons at Overland — MDA H-2015-0024 EXHIBIT A Exhibit A.2: Previously Approved Conceptual Development Plan -74 to B.M DATA UAW IF 'Mot to 0SIX AT'llt 1,4104 V., all- 10TAL FWA. V. 111"11 "Owl t4lf.. v I.MM M 1-84 CENTER S.IT-E PLAN_ ,;OVERLAND ROAD �.10" W. Eagle Commons at Overland — MDA H-2015-0024 8 EXHIBIT A Exhibit A.3: Existing Development Agreement Provisions R. That, as a condition of annexation and the zoning of C- G, with development under the Planned Commercial Development standards and guidelines, the Applicant is required to enter into a development agreement as authorized by 11-2-416 L and 11-2-417 D; that the development agreement shall, address, among other things, the following: 1. Inclusion into the development, including but not limited to, the requirements of 11-9-605 a. C, Pedestrian Walkways. b. G 1, Planting Strips. c. H, Public Sites and Open Spaces. d. K. Lineal Open Space Corridors. e. L, Pedestrian and Hike Path Ways. f. M, Piping of Ditches and 11-9-606 a. Bicycle Pathways. b. Storm drainage. (See Section S. 3. below.) C. Sidewalks and Pedestrian Walkways. d. Greenbelt. e. Pressurized Irrigation. 2. The concerns of the owners of property in Jewell Subdivision concerning sidewalks, drainages, lighting, noise, and buffering; that also of concern to the City is having lights, particularly automobile headlights, shine into the yards and homes in Jewell Subdivision and other adjacent homes and measures shall be FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGiLY PAGE - 31 Eagle Commons at Overland — MDA H-2015-0024 9 EXHIBIT A undertaken prevent this. 3. Payment by the Applicant, or if required, any assigns, heirs, executors or personal representatives, of any impact, development, or transfer fees, adopted by the City, as agreed to by the Applicant in statements by its representative during the public hearings. 4. Addressing access linkage, screening, and buffering. 5. An impact fee, or fees, for park, police, and fire services as determined by the City. 6. Appropriate berming and landscaping. 7. Submission and approval of plats for the property. 8. Submission and approval of individual buildings, drainage, lighting, parking, and other development plans under the Planned Development guidelines. 9. Harmonizing and integrating the site improvements with the existing residential development. 10. Establishing a 35 foot landscaped setback and landscaping the same. 11. Addressing the comments of the Planning Director. 12. The sewer and water requirements. 13. Agreeing that the Meridian Comprehensive Plan is applicable to the land and any development. 1.4. Traffic plans and access into and out of the development. 15. Meeting the representations made as part of the application and hearing process. 16. And any other items deemed necessary by the City Staff, including design review of all development, and conditional use processing as required under the Meridian Comprehensive Plan. FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANGLY PAGE - 33 Eagle Commons at Overland — MDA H-2015-0024 10 EXHIBIT A S. That also as conditions of annexation, the Applicant shall submit to the City and have approved by the City Council prior to submitting any plats, conditional use applications, or building plans, the matters set forth below; it is to be noted that some of these items below have been dealt with, or partially dealt with, in the paragraph above but the below paragraph shall be controlling: 1. A plan, with dates of completion, for buffering all adjacent residences. 2. A hydrologic study, with dates of completion, for the area included in the annexation and zoning request. 3. A plan, with dates of completion, for storm water runoff, dispersement anal/or storage and a drainage plan designed by a licensed architect or engineer for all off-street parking areas. 4. A plan, with dates of completion, for location, drilling and construction of ground water monitoring wells and well houses, one for each of the fours sides of the development. 5. Submit a profile of the subsurface soil conditions as prepared by a soil scientist to be submitted before submittal of any plats, conditional use applications, or building plans. 6. Prior to submittal of any plate, conditional use applications, or building plans, donate to the City of Meridian a 100, x 100' well site at the proposed site .and meet all the criteria of the State of Idaho Department of Water Resources and the City of Meridian. T. That as a condition of annexation and zoning the Applicant shall plat the property and submit applications FINDINGS OF FACT AND CONCLUSIONS OF LAW - LANG4LY PAGE - 33 Eagle Commons at Overland —MDA H-2015-0024 11 EXHIBIT A therefore to the City, submit conditional use applications for all development on the property, that all buildings and/or structures shall be subject to design review, and that Applicant shall meet all of the comments of the staff of the City. U. Also, as a condition of annexation and zoning, the Applicant shall meet all of the requirements of the Ada County Highway District and the Idaho Department of Transportation. V. That Section 11-2-417 D of•the Meridian Zoning Ordinance states that a development agreement should be recorded in the office of the Ada County Recorder and take effect upon the adoption of the ordinance annexing and zoning the property, or prior if agreed to by the owner of the parcel. That it has been the experience of the City that development agreements are difficult to enter into prior to the annexation ordinance being passed; that it is concluded that the development agreement shall be entered into prior to the preliminary plat being approved. W. That it is concluded that the annexing and zoning of the property is in the beat interests of the City of Meridian and should be enacted. X. That regarding the conditional use permit request for retailers, it is concluded that Russell Keithly, a representative of the Applicant, stated that Applicant desired to develop the retail center under a commercial planned development; that the FINDINGS OF FACT AND CONCLuSloNS OF LAW - LANGLy PAGE - 34 Eagle Commons at Overland — MDA H-2015-0024 12 EXHIBIT A Exhibit AA: Proposed Conceptual Development Plan (dated: December 11, 2015) 0 �7 LOT 1 Ca l,IfWOR A 'J o � LOT 2 85,000 S.F. '} s Q Q SINGLE STORY w LOT 3 ^` V H 0 Pstaga{v: s�'� 5 1Hi snx.5 � �d3Zr J� ��:. — ��y CCI i--1 •�r-y1 V t' 1 U _ - bA RoIJ if;835 2533 � to, Wid 441n. Setback w From Buffer �-+ E C: erm 4518 Pnrct 51�11fi133620 Pmai 5111633512��'� 51.761 s& � � � � n n E or�L lazaocf � da' obe �f �w9 oyCC P51q Pard 'iunLS� S m � F v 5 s31>63�x-u1 J?[v : w a w tY ifc"3 Overland Road OVERALLSITE PLAN S rM1a,nu pun�smw;erdw�:el r>nw�ertiPms<, Y. rr,� �5m o�a�ol wi masa rr..miearr,.lr�hwul o crnma4 n e�7stin NY Ar(clePma%. iM laido+l rucrvca en rg1tU m9,e Ne $3 p`.nl -'uihq Fxs r.G Em: 1 b Na cs5)ua@rn, :q+�xm lms�e aM Gee I:ralY� cisu35, paAtgsxhs arts e»-xtt[. Eagle Commons at Overland —MDA H-2015-0024 13 EXHIBIT A Exhibit A.5: Proposed Changes to the Development Agreement Provisions CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 1. The subject property shall develop in substantial compliance with the conceptual development plan included in Exhibit A.4 and the provisions in this agreement. 2. A 35 -foot wide street buffer is required to be constructed along the frontage of the site along E. Overland Road, an entryway corridor; a 2910 -foot wide street buffer is required along the future mer local commercial street (Silverstone Way) and a 10 -foot wide street buffer is required to be constructed along S. Rackham Way, a local street, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -7C. Those buffers rs shall be eonstmete w4h the first phase of deyele,,, ent IfRacicham Way is vacated inthe future, a street buffer is not required. A 25 -foot wide landscape buffer shall be provided along the east boundary of the site adjae-er>t to abutting the residential uses in Jewell Subdivision, per UDC Table 11-2B-3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -9C if the , elleet„r st eet is n required to be eonstfueted by City r^,,nei , unless such width is otherwise modified by City Council at a public hearing with notice to surrounding property owners per UDC 11 -3B -9C.2. 4, A 10 -foot wide multi -use pathway shall be constructed along the north side of the Fivemile Creels from the west to the east boundary of the site as set forth in the Pathways Master Plan. A pathway connection to the south to E. Overland Road shall also be provided along the east west. side he dfivewuy Silverstone Way to the E. Overland Rd./Silverstone Way ifttefseetior This segment of the pathway, if constructed of concrete within the right-of-way, may be attached to the curb and will be maintained by ACRD. Landscaping is required to be installed on each side of the pathway along the creek in accord with the standards listed in UDC 11 -3B - 12C. A public pedestrian easement is required to be submitted to the City, approved by City Council and recorded for the multi -use pathway along the creek with the fust phase of development. 5. All pathways through common areas that are not visible from a public street shall be illuminated with a 4 -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director, per UDC 11 -3A -8H. 6. Minimum five-foot wide pedestrian walkways shall be provided internally within the site from the multi -use pathway connecting to the sidewalk along E. Overland Road to the building entrances with each phase of development as set forth in UDC 11-3A-19A.4a. 7, The Fivemile Creek shall remain open as a natural amenity and shall not be piped or otherwise covered and shall be protected during constriction. Fencing along the waterway shall not prevent access to the waterway, unless Council deems fencing should be required in the interest of public safety in accord with UDC 11 -3A -6B. 8. Prior to issuance of any permits for the development of the second phase (depicted on the concept plan as Lot 1, Major A), the applicant shall subdivide the property and comely with ACHD requirements for the extension of Silverstone Way. rutt,ra S it ,^et stane Way shall be eonstnaeted to the noAh propetty line -as- a mimmum half of a 4 0 foot loea4 eoffimereial str 12 feet o f pavement on the east side ; a mininidm 50 f ^t ,.; t,t of way. n; ht ^f ,• SilveFstone )x shall abut the east mopefty line Additional right of w is required bet Eagle Commons at Overland — MDA H-2015-0024 14 EXHIBIT A Overland Road and the oreek to ensufe i3ar-eels -ea-st and west of Silvefstene Way have a-eeess to thepublie street; ,egos+,.;,,,, improy nts , —qqkeroe ineluding and/or easements to aeeoramodate 9. A cross-access/ingress-egress easement shall be provided to the property to the east (Zamzow's, parcel #R4626240051, where the driveway stub is currently located) vi ^ note on. the final plat or a separate reeofded a eement. If a separate agreement is feeorded, a eopy 0 stteh shall be submitted with the final plat application for the &-st phase of development (or the , ior, right-of-way for Silverstone Way may be dedicated where the driveway stub is located. Either an access easement shall be recorded and a copy submitted to the City, or, right-of-way shall be dedicated prior to issuance of Certificate of Occupancy for Norco. 10. All future structures on the site and the layout of the site shall comply with the design standards listed in UDC 11-3A-19 and the guidelines listed in the Meridian Design Manual (or any updated versions thereof). 11. A gate that meets the Fire Department's requirements shall be installed across the emergency access driveways via S. Rackham Way to prevent access by the public until the portion of the site depicted on the concept plan as Lot 3 develops. Once said lotoip -tion is developed one (preferably the southern access) of the emergency accesses shall be converted to a public street access. 12. Business hours of operation in the C -G zoning district are restricted to 6:00 am to 11:00 pm when adjacent to residential uses unless modified through a conditional use permit, per UDC 11 -2B -3A.4. 13. The building pfoposed in phase 2 (Lot 1) depieted on the eoneeptual development plan as "Major A" shall be-restr4eted to asiigle-stefy in height s proposed by the plie nt to better ,,,-o,.rate ,r,;+h the r esidential properties to the oast 14. Prior to any development occurring in the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the city and approved by the Floodplain Administrator, per MCC 10-6. 15. All lighting proposed on the site shall comply with the standards listed in UDC 11 -3A -I IC. Light fixtures that have a maximum output of 1,800 lumens or more shall have an opaque top to prevent uplighting; the bulb shall not be visible and shall have a full cutoff shield; and shall be placed such that the effective zone of light (as documented by the photometric test report) shall not trespass on abutting residential properties. 16. With the first phase of development (Norco, depicted on the concept plan as Lot 2), the developer shall construct S. Silverstone Way north from E. Overland Road as a local commercial ,,,.i�rstreet *r,,.,,ugh the site to the rc,.,-h, ,.,, efty b,,,,,,dary for f,tffeex4elis o with eur-b, gutter and sidewalk in aeeord with AC14D standards, The appReant may deed the- . . blit of way of the eollector- road to ACHD prior to subdividing the property so the roadway ean be eonstrueted by the appReant with the first phase of development. Right of way shall be e)Tanded at the east property boundafy adjaeent to Pafeel #R4 62624 0075 to provide publie street f+ontage for that par -eel; this will a4low for the &velapment of a gntic-i�street with a minimum 40 feet of pavement with 3 foot gravel shoulders within a Eagle Commons at Overland — MDA H-2015-0024 15 EXHIBIT A minimum 60 foot right-of-way for approximately 100 feet, then tapering to a minimum 30 feet of pavement with 3 foot gravel shoulders within a minimum 50 foot right-of-way to just north of the creek. These improvements shall be complete prior to issuance of the first Certificate of Occupancy. 17. The developer shall dedicate additional right-of-way along the west property boundary to widen S. Rackham Way to local street standards with curb, gutter and sidewalk with the first phase of develop subdivision of the property,unless S. Rackham Way is vacated. 18. The developer shall construct a 6 t" -foot tall fence/wall along the east boundary of the site adjacent to residential uses with the first phase of development; a fence shall not be constructed in the floodwav in accord with FEMA regulations. Tho a plie^r+ should s.^rir ...;+�, +r,o 19. The applicant shall finalize the property boundary adjustment (PBA -14-008) for this property prior to issuance of the first building pen -nit for this site. One building pen -nit for Norco is allowed to be issued prior to subdivision of the property. 20. A street light plan will need to be included as part of the development plan submittal. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting. A copy of the standards can be found at http://www.meridialicity.org/public worlcs.aspx?id=272 21. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 22, Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. The applicant may be eligible for reimbursement of costs associated with upsizing the sewer and water mains per MCC 8-6-5. 23. Water modeling will be required prior to development plan submittal to determine the timing of completing the water main loop through the property from the existing 10 -inch main stub at E. Overland Road and S. Silverstone Way to the existing 16 -inch main adjacent to S. Rackham Way. 24. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. Eagle Commons at Overland — MDA H-2015-0024 16 EXHIBIT A Exhibit A.6: Legal Description of Property Subject to Development Agreement PARCEL A: A PARCEL OF LAND LYING IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE SOUTH 89°22'54" EAST, 1332.53 FEETALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16TOTHE SOUTHEASTCORNER OFTHE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE NORTH 00°31'36" WEST 63.05 FEETTO A POINT ON THE NORTH RIGHT OF WAY OF OVERLAND ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; ALONG SAID RIGHT OF WAY THE FOLLOWING: THENCE NORTH 88°06'31" WEST 108.81 FEETTO A POINT; THENCE SOUTH 46°53'29" WEST 15.32 FEET TO A POINT, LEAVING SAID RIGHT OF WAY; THENCE NORTH 00°31'36" WEST 295.73 FEETTO A POINT; THENCE NORTH 16"22'02" WEST 138.11 FEETTO A POINT; THENCE NORTH 80"47'54" WEST 122.87 FEETTO A POINT; THENCE NORTH 76°08'54" WEST 197.68 FEETTO A POINT; THENCE NORTH 61°22'54" WEST 112.37 FEET TO A POINT; THENCE NORTH 00°52'29" WEST 313.28 FEETTO A POINT, THENCE NORTH 89°23'14" WEST 29.07 FEET TO A POINT; THENCE NORTH 78°53'32" WEST 561.48 FEET TO A POINT; THENCE NORTH 08°45"07" EAST 50.04 FEET TO A POINT, THENCE SOUTH 78°53'32" EAST 553.76 FEET TO A POINT; THENCE NORTH 00°31'36" WEST 363.60 FEET TO A POINT; THENCE SOUTH 89°23'14" EAST 599.00 FEETTO THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 0031'36" EAST 1263.87 FEET ALONG THE EAST LINE OF THE SOUTHWEST Eagle Commons at Overland — MDA H-2015-0024 17 EXHIBIT A QUARTER OF THE SOUTHWEST QUARTER TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, PARCEL C: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, THENCE NORTH 00°49'23" WEST 1326.95 FEETALONG THE WEST LINE OFTHE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89°23'14" EAST 240.69 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD; THENCE SOUTH 08°45'07" WEST 315.37 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE SOUTH 78°53'32" EAST 561.48 FEET TO A POINT; THENCE SOUTH 89°23'14" EAST 29.07 FEET TO A POINT, THENCE SOUTH 00°52'29" EAST 313.28 FEET TO A POINT, THENCE NORTH 61°22'54" WEST 72.07 FEET TO A POINT; THENCE NORTH 78°47'54" WEST 209.34 FEET TO A POINT; THENCE SOUTH 73°24'06" WEST 103.96 FEET TO A POINT, THENCE NORTH 83°56'54" WEST 102.65 FEET TO A POINT; THENCE NORTH 51°26'41" WEST 194.47 FEETTO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD; THENCE NORTH 08°45'07° EAST 247.08 FEET ALONG SAID EASTERLY RIGHT OF WAY TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. Eagle Commons at Overland — MDA H-2015-0024 18 EXHIBIT A PARCEL D: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE SOUTHWEST CORNER OF SECTION 16, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN; THENCE NORTH 00°49'23" WEST 1326.95 FEETALONG THE WEST LINE OFTHE SOUTHWEST QUARTER OFTHE SOUTHWEST QUARTER OF SAID SECTION 16 TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER; THENCE SOUTH 89°23'14" EAST 240.69 FEET ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER TO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE CONTINUING SOUTH 89°23'14" EAST 499.71 FEET ALONG SAID NORTH LINE TO A POINT; THENCE SOUTH 00°31'36" EAST, 363.60 FEET TO A POINT, THENCE NORTH 78°53'32" WEST553.76 FEETTO A POINT ON THE EASTERLY RIGHT OF WAY OF AN UNNAMED ACCESS ROAD; THENCE NORTH 08°45'07" EAST 265.33 FEET ALONG SAID EASTERLY RIGHT OF WAYTO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION. Eagle Commons at Overland — MDA H-2015-0024 19 EXHIBIT A For WhCo Foods, LLC CP -ti VAIR Eagle Commons at Overland — MDA H-2015-0024 20 zi Meridian City Council Meeting DATE: November 1. 2016 ITEM TITLE: Recipient Agreement ITEM NUMBER: PROJECT NUMBER: 5F Recipient Agreement Between City of Meridian and Meridian Library District for Investment of High Five Community Grant Funds in Book -A -Bike Program for an amount not to exceed $7,039 MEETING NOTES U✓ PROMktg Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS RECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN LIBRARY DISTRICT FOR INVESTMENT OF HIGH FIVE COMMUNITY GRANT FUNDS IN BOOK -A -BIDE PROGRAM n10veMber- This Agreement is entered into this __L day of 09&er, 2016 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Library District, a public library district organized under the laws of the state of Idaho ("Recipient"). WHEREAS, City has received a High Five Community Grant from the Blue Cross of Idaho Foundation for Health ("Grant"), which funds are to be invested toward the goal of reducing childhood obesity by supporting our community's efforts to become healthier places for youth to live, work, learn, and play; WHEREAS, Recipient's mission is to support our community by enriching lives, igniting curiosity, and cultivating connections; and WHEREAS, in furtherance of these corresponding goals, Recipient is willing to invest Grant funds in the creation of a "Book -a -Bike Program," in which bicycles are available for library patrons to check out and use; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows; I. SCOPE OF SERVICE A. Scope of services. Recipient shall invest a portion of City's Grant funds in the amount of seven thousand thirty-nine dollars ($7,039) for the purpose of purchasing at least fourteen (14) bicycles and implementing a "Book -a -Bike Program," whereby patrons of the Meridian Library District may check out, use, and return bicycles. B. Timeline. Recipient shall complete the scope of services pursuant to this Agreement by September 30, 2019. C. Documentation. Between August 1 and August 31 of each year, Recipient shall provide to City a written report of activities undertaken under this Agreement, including narrative descriptions, photographs and records demonstrating implementation of the Book -a -Bike Program.; dates and description of expenditures; and such other documentation as may be specifically requested by City to demonstrate compliance with this Agreement or furtherance of Grant goals. D. Payment Procedures. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed seven thousand thirty-nine dollars ($7,039). City will pay to Recipient funds available under this Agreement within thirty (3 0) days of receipt of invoice submitted by Recipient. RECIPIENT AGREEMENT- MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 1 OF 3 III. GENERAL PROVISIONS A. Nondiscrimination. In performing activities pursuant to this Agreement, Recipient shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. Recipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, the Americans with Disabilities Act of 1996, and the Age Discrimination Act of 1975. B. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Library District Attn: Robert Simison Attn: Gretchen Casseroti Mayor's Chief of Staff Library Director 33 E. Broadway Avenue 13261. Cherry Lane Meridian, Idaho 83642 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. C. Compliance with laws. Recipient agrees to comply with all applicable federal, state and local laws, regulations, and policies governing the funds provided and activities undertaken under this Agreement. D. Indemnity. Recipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Recipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Recipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Recipient and/or Recipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Insurance and bonding. Recipient shall carry sufficient insurance coverage to protect assets purchased with Grant funds from loss due to theft, fraud and/or undue physical damage. F. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. G. Termination. Either party may terminate this Agreement by, at least thirty (30) days before RECIPIENT AGREEMENT - MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 2 OF 3 the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. If termination occurs prior to September 30, 2019 for any reason, Recipient shall return to City all equipment and materials purchased with Grant funds, and any and all unused Grant funds provided pursuant to this Agreement. H. Assignment. Recipient shall not assign or transfer any right or obligation conveyed by this Agreement without prior written consent of City, I. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. J. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. K. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the govei-ring body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. L. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Recipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. RECIPIENT: Meridian Library District By: Gretchen Caserotti, Library Director CITY: City of Meridian Attest: y CoI , City Clerk RECIPIENT AGREEMENT - MERIDIAN LIBRARY, BOOK -A -BIKE PROGRAM PAGE 3 OF 3 Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: License Agreement License Agreement with Kimball Properties Limited Partnership for Construction and Maintenance of Meridian Monument Sign at 1401 S. Eagle 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 When Recorded Mail To: CTTY OF MERIDIAN 33 E. Broadway Avenue Meridian ID 83642 ADA COUNTY RECORDER Christopher D. Rich 2016-106280 BOISE IDAHO Pgs=17 CHE FOWLER 11/02/2016 12:39 PM CITY OF MERIDIAN, IDAHO NO FEE (Above Space for Recorder's Use Only) LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN This LICENSE AGREEMENT FOR CONSTRUCTION AND MAINTENANCE OF MERIDIAN MONUMENT SIGN ("Agreement") is made effective this —I— day of I&W- y)beh-- , 2016, by and between Kimball Properties Limited Partnership ("Grantor"), and the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City"). Grantor and City may be collectively referred to as "Parties." WHEREAS, Grantor owns real property located at 1401 S. Eagle Road, in Meridian, Idaho, Ada County parcel no. R1901110100 ("Grantor's Property"); WHEREAS, to welcome travelers to Meridian, instill a sense of place, and establish a landmark at this gateway to Meridian, City desires a license to use a portion of Grantor's Property to construct and maintain an illuminated monument sign; and WHEREAS, for the purposes and pursuant to the terms and conditions set forth in this Agreement, Grantor is willing to extend such license to City; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: 1. Grant of license. Grantor hereby grants to City, as grantee, a non-exclusive license on, over, across, under, and through the Monument Area, as depicted in the diagram attached hereto as Exhibit for the following limited purposes, together with the right of access across Grantor's Property as reasonably necessary from time to time for the construction, maintenance and removal of the Monument: a. Construction of an illuminated monument sign, including foundation, electrical infrastructure, and associated components and facilities, as set forth in Exhibit B hereto ("Monument"), at City's sole cost and expense, as expeditiously as reasonably possible, and in compliance with applicable laws, policies of Grantor, any existing encumbrances on Grantor's Property, and sound design and engineering practices. City shall provide Grantor reasonable prior notice in advance of construction, repair, or maintenance of Monument. b. Maintenance of the Monument in good condition and repair and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Grantor, and sound MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 1 OF 17 engineering practices. 2. Term and termination. This Agreement shall continue in perpetuity and shall remain in effect unless and until terminated by either party upon ninety (90) days written notice. Following notice of termination, within the termination notice period, City shall remove the Monument and restore and repair portion of Grantor's Property in need of restoration or repair due to City's use at City's expense. 3. Damage or destruction. In the event that the Monument is damaged or destroyed, in whole or in part, City may, at its sole election, restore or replace the Monument, subject to availability of sufficient funds. City shall have the right to remove the Monument, at City's cost, in which event City shall repair and restore the landscaping and irrigation system to an attractive and functional condition similar to the surrounding landscaping. So long as City elects to leave Monument in place, City shall maintain the Monument in good condition and repair and as may be needed to satisfy applicable laws, policies, and reasonable discretion of Grantor, and sound engineering practices. In the event that Grantor's property is damaged or destroyed, in whole or part, due to City's use at its cost promptly, City shall restore and repair such property. Upon installation of the Monument, City shall at its cost provide landscaping alterations designed to minimize sprinkler overspray onto the Monument and to avoid the necessity of lawn mowing equipment operating closer than two feet from the Monument structure. Grantor shall not be liable for any damage to the Sign not reasonably avoidable in connection with Grantor's excavation for connection to or repair of any existing utilities located under or about the Monument Area, 4. Electrical utilities. City shall pay for the provision of and continued use of electrical services to Monument, if any. 5. Insurance to be obtained by City. The Monument is, and shall be, City's personal property, and City shall obtain all necessary property and other insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Insurance of Grantor's Property or interests shall be the sole responsibility of Grantor. 6. Binding on Successors. This Agreement shall be binding on the successors, administrators, executors and assigns of all parties hereto, and shall run with the land. 7. Hold harmless. City agrees to hold the Grantor, its successors, assigns, and agents harmless from any and all claims, liability, losses, costs, charges, or expense that arise from City's use or use by its employees, licensees, agents, invitees, or representatives, of the Grantor's Property pursuant to the license granted hereby. 8. Remedies. In the event of a breach hereunder by any party, the non -breaching party shall have all remedies available at law or in equity, including the availability of injunctive relief. In any suit, action or appeal therefrom to enforce or interpret this Agreement, the prevailing MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 2 OF 17 party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees and disbursements. 9. Obstructions. Grantor may use the Monument Area for landscaping and similar uses, provided any such other uses do not obstruct the visibility of the Monument from Eagle Road, and do not unreasonably restrict City's access to the Monument. However, the foregoing shall not prohibit the installation of temporary barricades reasonably necessary for security and/or safety purposes in connection with repair or maintenance of Grantor's Property, so long as such work is conducted in the most expeditious manner reasonably possible to minimize the obstruction of the Monument. 10. Notices. All notices, demands and requests required or desired to be given under this Agreement must be in writing and shall be deemed to have been given as of the date such writing is (a) delivered to the party intended, (b) delivered to the then current address of the party intended, or (c) rejected at the then current address of the party intended, provided such writing was sent prepaid. The initial address of the signatories hereto is: City: Grantor: City of Meridian Jeff W. Moore, Trustee c/o City Clerk PO Box 8204 33 East Broadway Boise ID 83707 Meridian, Idaho 83642 Upon at least ten (10) days' prior written notice to the other, each party shall have the right to change its address. 11. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 12. 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. 13. 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. 14. 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. MERIDIAN MONUMENT LICENSE AGREEMENT PAGE 3 Or, 17 IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day and year fust written above. GRANTOR: By: Jeff W, Moore, Trustee Marital Trust of the WDM Trust UTA dated September 11, 2010 STATE OF IDAHO ) )ss. COUNTY OF ADA ) On this M7 day of �V , 2016, before me, the undersigned, a Notary Public in and for the State of Idaho, personally appeared Jeff W. Moore, known or identified to me to be a Trustee of the WDM Trust, the person who executed the instrument on behalf of said entity, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have affixed my official seal the day ans above written. 111", Notary Public for Idaho Residing at _ fa{"Alc My commission expires; set my hand and iYsf,certificate first i SOTARy CITY: STATE OF IDAHO ) `'yeviiirri )ss. COUNTY OF ADA ) On this � day of Nd V A1 60' , 2016, before me, the undersigned, a Notary Public in and for the State of Tammy a or Idaho, personally appeared TAMMY DE WEERD and C,JAY COT ES known to me to be the Ma or and Cit Clerk J y , ATTEST: 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 C, ay Cols City Clerk affixed my official seal the day and year in this certificate first b 'tt •�•rrrrrrs• ALTBI:, • •� `99'E O� 1 0. •�1rrr+� a ove wri en. 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Uz �ri Uw O�� �� $N f n r3 r r ui a wC9Ul v ov ti �Oog N rya x cr LL � e r o=aX�UUu�"i saoa: U: of N N CV a-- U-' UP i I _-_-_____II On I Ut -- I i tl I a n p 11 n. j ^-• f 11 a a V 0 � I. 1 j____.-_ -_=_ �_. �4 �. .Y-_ 9 g�1• I i n n u u n I - a fl 11 0 q n 4 N p q 1 a a 0 U h I. 4 h h 1 Lu! -— a a N h 6 j p ----n_ h �=1==4 1' a II 1 It �.FL It- U n N A n l -.- 4 p a a a I -41 th n u a o n I V g a h I � iopa a� �kU�cn� w g oo Bna�C�O°-cam= x �r zyz�n y. Uz �ri Uw O�� �� $N f n r3 r r ui a wC9Ul v ov ti �Oog N rya x cr LL � e r o=aX�UUu�"i saoa: U: 191MEM JD,A1E0M March 31, 2015 Idaho Electric Signs 6528 Supply Way Boise, ID 83705 Attn: Rick Berry JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PLACE, SUITE 100, MERIDIAN, ID 83646 Office: (208) 939-1045 Cell: (208) 608-0008 E-mail: tim@jde-idaho.com Re: City of Meridian - Meridian, ID Voice (208) 338-9401 As you have requested, we have provided the footing and column design for the above mentioned project. Please find the following enclosed as a list of considerations for your use in completing the project: PDF copy of select structural calculations. PDF copy of red -lined plans. If you have any questions or require additional information, please call. Sincerely, 150347 ,NGINEERING, PLLC 150347 JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PLACE, SUITE 100, MERIDIAN, ID 83646 Office: (208) 939-1045 Cell: (208) 608-0008 STRUCTURAL CALCULATIONS for Idaho Electric Signs City of Meridian - Meridian, ID Select Structural Design March 31, 2015 by JOHNSON DESIGN & ENGINEERING, PLLC 1900 N, Lakes Place, Suite 100 Meridian, Idaho 83646 (208) 939-1045 Page I of 5 E-mail: timgjde-idaho.com JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKES PL., SUITE 100 * MERIDIAN * IDAHO POLE SIGN DESIGN 2012 IBC Client: Idaho Electric Signs Project: City of Meridian Horizontal Monument Sign Project No. 150347 Date: 31 -Mar -15 DESIGN CRITERIA: Distance to sign top (h) 9.00 ft. Height (s) 9.00 ft. Width (B) 15.67 ft. s/h 1.00 B/s 1.74 Wind Load: Basic Wind Speed, V = 115 mph ASCE 7-10, Fig. 26,.5-1A Exposure C ASCE 7-10, Sec. 26.7.3 Wind, Directionality Factor, Kd 0.85 ASCE 7-10, Table 26.6-1 Velocity Pressure Exposure Coefficient, Kz = 0.85 ASCE 7-10, Table 30.3-1 Velocity Pressure, q _ :00256*Kz*Kd *VA 2 = 24,46 psf ASCE 7-10, Eq. 29.3-1 Force Coefficient, Cf = 1.55 ASCE 7-10, Fig. 29.4-1 Gust Factor Coefficient, G = 0.85 ASCE 7-10, Sect. 26.9 Design Wind Load, P = q*G*Cf*.63 = 20.30 psf Seismic; Face Area Dead Load, Wt = 20 psf Mapped Spectral Accelerations for short periods, Ss = 1,60 ASCE 7-10, Sec. 11.4.1 Site Coefficient, Fa = 1.00 ASCE 7-10, Table 11.4-1 Max. Spectral Response, SMs = Fa*Ss = 1.60 ASCE 7-10, Eq. 11.4-1 Design Spectral Response, SDS = 213*SMs = 1.07 ASCE7-10, Eq. 11.4-3 Response Modification Coefficient, R = 2.00 ASCE 7-10 Table 12.2-1 Seismic Load, Vs = 1.0*SDs*Wt/R = 10.7 psf ASCE 7-10 Eq. 12.14-11 Soil: Lateral Loadings Fpv= 200 pcf/ft. Vertical Loadings Fpb= 1500 psf Steel Stresses: Yield Strength, Fy = 36000 psi Bending Stress, Fb=0:66*Fy= 23760 psi Concrete Stress: Concrete Strength, Fc' = 2000 psi Reinforcing Strength, Fy = 40000 psi MEMBER NO. BASE HEIGHT Pw Y Mw Pv (ft) (lbs) (ft) (ft -lbs) (Ibs) 1 0.00 2477 4 9883 2440 SIGN FORCES: MEMBER #1 Sign Area # Area (Af) Centriod (Cf) Centroid*Area (ft2) (ft from base) (0) 1 15.00 7.75 116.25 2 60.00 5.00 300.00 3 47.00 1.50 70.50 Af = 122.00 •Af*Cf = 486.75 Sign Centriod,6 _ (•Af*Cf)/-Af = 3.99 ft. Wind Load, Pw = •Af Ww = 2476,99 lbs. @ base Vertical Load, Pv = •Af*Wt = 2440.00 lbs. @ base 2/5 JOHNSON DESIGN & ENGINEERING, PLLC 1900 N. LAKESPL., SUITE 100 - MERIDIAN - IDAHO POLE SIGN DESIGN 2012 IBC Client: Idaho Electric Signs Project: City of Meridian Horizontal Monument Sign Project No, 150347 Dater 31 -Mar -15 COLUMN DESIGN: [Use AISC (1.6-2);; fa/Fa + fb/Fb < 1.33], Use sign loads at the base of each column member for analysis of each member MEMBER #1 per member total 4" Dia x 0.237" Wall' Ax (int) = 3.17 6,34 Number of Columns 2 Sx (in3) = 3.21 6.42 ry (in) = 1,16 K=2 L unbraced (ft.) = 9.00 KL/r = (in.) 186 Fa=AISC T.1-36 4320.00 psi fa = Pv/Ax = 384.86 psi Fb = AISC 1.5 '= 23760.00 psi fb = Mw/Sx = 18472.12 psi fa/Fa + fb/Fb = 0.87 <1.33 OKI FOUNDATION DESIGN [IBC -Section 18] FOOTING DEPTH = A/2(1+(1+(4.36"Y/A))"0.5) ASSUMED Multiple Excavated Footings # Footings, #F = 1 Ftg. Width = (ft.) 16.50 Ftg. Thick = (ft.) 3.67 Depth = (ft.) 2.75 A = (2.34*Pw/#F)/(S*B) - 0.94 where S = Soil Bearing @ 1/3 Depth = 366.67 (psf) B = Effective Footing Width '= 16.90' (ft..) MINIMUM FOOTING DEPTH = (FT.) 2.54 OK! CK. FOOTING AREA REQ'D = Pv/Ab 1.63 OK 2012 IBC Equation 18-1 3/5 C,4 :� + ��:\\.v�� \� \� \� \ \\ ° / /� � G :�\ d\:.. y\ � � .� � $� /.\� / � j� \� � � \ Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Appointment of Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 7B ITEM TITLE: it. —1175s PROJECT NUMBER: Resolution No.: A Resolution Appointing Dave Neal as the Public Works Department Director's Designee to the Solid Waste Advisory Commission MEETING NOTES 9 APPROVEO 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 BY THE CITY COUNCIL: RESOLUTION NO. /6 `, /17 BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ESTABLISHING THE APPOINTMENT OF DAVE NEAL AS THE PUBLIC WORKS DEPARTMENT DIRECTOR'S DESIGNEE TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-6-1 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, Mike Pepin is currently the Public Works Department Director's designee, of the Meridian Solid Waste Advisory Commission; and WHEREAS, the Public Works Department Director wishes to appoint Dave Neal to Seat 7, as the Public Works Director's Designee to the Meridian Solid Waste Advisory Commission; and WHEREAS, the Mayor and City Council of the City of Meridian deems the appointment of Dave Neal to Seat 7 of the Solid Waste Advisory Commission as the Public Works Department Director designee to be in the best interest of the Meridian Solid Waste Advisory Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3, Dave Neal is hereby appointed to Seat 7 of Meridian Solid Waste Advisory Commission as the Public Worlcs Department designee; Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 day of November, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of November, 2016.QpR �GO�ATED qGc A I�OV � �--`- - Gs� ATTEST fy— By: Mayor Tammy de Weerd Ja City Clerk RESOLUTION FOR APPOINTMENT OF DAVE��E SOLID WASTE ADVISORY COMMISSION - Page I Meridian City Council Meeting DATE: November 1, 2016 ITEM TITLE: Mayor's Office: ITEM NUMBER: PROJECT NUMBER: 7C Mayor's Office: Appointment of Edward Landis to the Meridian Historic Preservation Commission MEETING NOTES Ll Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Mayor's Office Mayor's Office: Appointment of Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission MEETING NOTES Ll Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 7E ITEM TITLE: PROJECT NUMBER: Resolution No.: A Resolution Appointing Edward Landis to the Meridian Historic Preservation Commission; Appointing Hannah Sturtevant, Debbie Shaner, and Jessica West to the Meridian Parks and Recreation Commission MEETING NOTES u APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I � — /( -76 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING EDWARD LANDIS TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION; APPOINTING HANNAH STURTEVANT, DEBBIE SHANER, AND JESSICA WEST TO THE MERIDIAN PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seat no. 4 on the Historic Preservation Commission is vacant due to the expiration of the previous term; and WHEREAS, seat nos. 1 and 2 on the Parks and Recreation Commission are vacant due to the expiration of the seats' previous terms; WHEREAS, seat no. 7 on the Parks and Recreation Commission is vacant with two years remaining in the seat's current term; WHEREAS, Meridian City Code § 2-1-1(C)(1) provides that Commission members shall be appointed by the mayor and approved by the city council on a vote of a majority of the city council members; and WHEREAS, the City Council of the City of Meridian deems the appointment of Edward Landis to be in the best interest of the Historic Preservation Commission and of the City of Meridian; WHEREAS, the City Council of the City of Meridian deems the appointments of Hannah Sturtevant, Debbie Shaner, and Jessica West to be in the best interest of the Parks and Recreation Commission and of the City of Meridian; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Edward Landis is hereby appointed to Seat 4 on the Meridian Historic Preservation Commission, for a term to expire on October 31, 2019; and Section 2. That Hannah Sturtevant is hereby appointed to Seat 1 on the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2019; and Section 3. That Debbie Shaner is hereby appointed to Seat 2 on the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2019; and Section 4. That Jessica West is hereby appointed to Seat 7 on the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2018; and Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION APPOINTING HPC AND MPRC COMMISSIONERS PAGE 1 OF 2 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this 1st day of November, APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st day of November, 2016. ATTEST: By: _ fl'12'/ C44y Co4s, City Clerk APPROVED: Mayor T y de Weer w �4#t SEAL RESOLUTION APPOINTING HPC AND MPRC COMMISSIONERS PAGE 2 OF 2 Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 7F ITEM TITLE: lc --1177 PROJECT NUMBER: Resolution No.: Adopting Updated Parks and Facilities Naming Policy and Procedures MEETING NOTES mr APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 16— /177 7 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, LITTLE ROBERTS, MILAM, AND PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN ADOPTING THE MERIDIAN PARK AND FACILITY NAMING POLICYAND PROCEDURES; ESTABLISHING THAT SUCH POLICY SHALL SUPERSEDE THE PREVIOUS POLICY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-4-2(A)(4) charges the Meridian Parks and Recreation Commission with proposing and recommending rules and regulations for the control and regulation of City parks and facilities, subject to approval by the Mayor and City Council; WHEREAS, the Meridian Parks and Recreation Commission and Meridian Parks and Recreation Department staff reviewed and analyzed the Meridian Parks and Recreation Properties Naming Policy, adopted by City Council via Resolution no. 07-552, on April 3, 2007 ("2007 Naming Policy"), determined that it contains some outdated information, and proposed amendments thereto; and WHEREAS, on October 12, 2016, the Parks and Recreation Commission recommended that City Council approve the Meridian Park and Facility Naming Policy and Procedures, attached to this resolution, which is to supersede the 2007 Naming Policy; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City of Meridian hereby adopts the Meridian Park and Facility Naming Policy and Procedures, a copy of which is attached to this resolution and incorporated herein by this reference. Section 2. That the Meridian Park and Facility Naming Policy and Procedures shall supersede the 2007 Naming Policy; Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this 1 st day of November, APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st day of November, 2016. GO�pORATI; pgGC APPROVED: �� ATTEST: MaMayor T m de Weerd `"i S ,o q y SALI C.J Coles, ity Clerk RESOLUTION ADOPTING MERIDIAN PARI{ AND FACILITY NAMING POLICY AND PROCEDURES PAGE 1 OF 3 MERIDIAN PARK AND FACILITY NAMING POLICY AND PROCEDURES PAGE 1 OF 2 MERIDIAN PARK AND FACILITY NAMING POLICYAND PROCEDURES I. PURPOSE The purpose of this policy is to add meaning, significance, and uniformity to the park and recreation properties of the City of Meridian by developing park names that embody the values and heritage of the local community. II. POLICY It is the policy of the City of Meridian that Meridian Parks and Recreation properties and facilities shall be named in general accordance with criteria and procedures set forth below. In every case, park names should represent enduring community values and be mindful of future generations. Meridian City Council shall retain sole discretion over the naming of parks and facilities. Nothing in this policy shall be construed to bind City Council to name a park or facility pursuant to any recommendation, proposal, or donation. Nothing in this policy shall be construed to prohibit the changing of names of parks or facilities by the City Council, in City Council’s sole discretion. Renaming a park or facility shall occur pursuant to the policy and procedures established for park or facility naming. III. PROCEDURE Naming a park or facility may be initiated by the Mayor, City Council, Meridian Parks and Recreation Commission or any subcommittee thereof, Meridian Parks and Recreation Department staff, property donor, or individual citizens. A formal letter of proposal shall be submitted to the appropriate subcommittee of the Meridian Parks and Recreation Commission, which shall consider the proposal(s) and submit a recommendation to the Meridian Parks and Recreation Commission. The Commission shall review the proposed name(s), take public comment, and make a recommendation for the name to the Mayor and Meridian City Council. The final decision regarding naming of a park, facility, or any portion thereof shall be made by the City Council and approved by resolution. IV. GUIDELINES A. No similar, subdivision names. To minimize confusion, proposed park names that are similar to those of existing facilities shall be avoided. To avoid the appearance that the public park is a private park, the name of the adjacent or surrounding subdivision shall be avoided as the name of the public park. B. Naming after a person. A proposal to name a park or facility after a living person shall include biographical information about that person, including a description of his or her connection to the park or facility and to the Meridian community. A proposal to name a park or facility after a deceased person shall include biographical information about that person, including a description of his or her connection to the park or facility and to the Meridian community, and Department staff shall obtain written permission of the individual’s closest living relative prior to consideration of the proposal. C. Donor’s naming priority. Conditions or stipulations of original property donation, deed or development shall be honored regarding the name of a park. Absent such conditions or MERIDIAN PARK AND FACILITY NAMING POLICY AND PROCEDURES PAGE 2 OF 2 stipulations, the following guidelines shall be considered when deciding whether a donor’s proposed park or facility name may have priority: 1. Park. Subject to the policy and procedure established herein, where an individual or organization donates, at no cost to the City of Meridian, all or substantially all of a park’s land or development, such entity may propose a name for the park, which proposed name shall be given first priority in the naming procedure. 2. Facility. Subject to the policy and procedure established herein, where an individual or organization donates, at no cost to the City of Meridian, all or substantially all of a facility or its development, such entity may propose a name for the facility, which proposed name shall be given first priority in the naming procedure. 3. Valuation of donations. For purposes of this policy, “donation” shall be defined as a gift to the City of Meridian without costs or expense to, or foregone fees by, the City of Meridian. A donation that affords the donor credit toward or reimbursement of impact fees shall not qualify. Donations may include monetary as well as in-kind donations and may be a one-time or cumulative donation or a bequest. All donations are subject to final approval and acceptance by the City Council. Valuation of donations, and whether the value donated is “substantially all” of the development, shall be determined by City staff, with the advice of the Commission. 4. Development. For a donor to be eligible for naming priority, the park or facility donated must be developed in accordance with the approved site master plan or statement of character and/or criteria approved by the Meridian City Council. Updates to Park Naming Policy Presentation to Parks & Recreation Commission October 12, 2016 City Council November 1, 2016 Update: What’s different? •Clarifies that proposals to name a park after a person must include biographical information •Removes temporary naming process •States that donations are subject to Council approval •Establishes that donor’s proposed name has priority •Removes distinction between naming Neighborhood and Community Parks – now all parks and facilities have same guidelines Update: What’s the same? •Park names should reflect community values and consider future generations •Parks are not to be named after subdivisions •Process is the same –MPRC subcommittee review → recommendation –MPRC review + public comment → recommendation –City Council review → final decision Thank you Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Historic Preservation Commission: TourBuddy Digital Walking Tour MEETING NOTES l� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: Budget Amendment: MADC - Office of Drug Policy Grant FY2017 MEETING NOTES u✓ APPROVEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1� z nH F� W E 0 C N ^C W E a � c m O LU N LL L.L a1 C C LU c � � O Ate` E ' 5W p .� 4- LL Q 0 U� S O ei N O C €° •°.. 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O m �ja ++ a)aj o a � +. u � a � = E a v°v � U = a C ', E u a) 9 z m �ja a d EF a /41 0 ts ts c w r O1 O C a t � U O y a0„ _ v a a v v > c c Q O O Y Q 3 oQ a. m o a Y o5c ca v a, > 'vo CL v co4i CL S v d o OO O C N w O v al C � �3a a0 > c c o c c> v Z O 'O 0 O O 'O M c U0°'J� m �E bD _ Y Q• v v •,,, O aci c a u d' bD o E ,.a cas m c o i N O E oD bA Ij o `o E E b v u Q u Q �c 3 y � D v U o Oa is C O Z - ` 1.5 UO L = Q U � a+ O zi ,N c L 2 2U Y U d O v c y E E 3E Y E v L_0 Q� a co �O W 5,v C E O a C y Q Q o_ o f v -O O_ d 3 3 3 bo � `° '^ � V v v v m ° v E E E aJ 3 O d m bL7 v cb ro a C Q Q. $ al al al C 0 U) Sharlene JohnsonGrantProjectDirector I+ ficof Drug Paiicy 06/21/2016 Lt. Scott Colaianni City of Merdian/MADC 33 E. Broadway Ave Merdian, ID 83642 304 North 8'h St. - Room 455Boise, Idaho 83720208)854-3048Fax: (208)854-3041 Re: Notice of Continuation of Strategic Prevention Framework Funding FY17 Dear Lt. Colaianni, The Office of Drug Policy is pleased to announce the Meridian Anti -Drug Coaltion has been approved for continued funding to implement your community Strategic Prevention Plan aimed at reducing substance abuse for Idaho State Fiscal Year 201.7. Please find attached documents detailing the award. As indicated, the total funding allocated for this grant is $99,814.00 and will be paid out according to the attached Grant Agreement. We require that you return the signed Notice of Award and initialed Special Terms and Conditions by July 1, 2016. If we do not receive these documents from you within that timeframe, this grant award may be withdrawn. If at any time you have any questions or concerns about this grant award, please do not hesitate to contact me at: 208.854.3048. We look forward to working with you. Best Regards, Sharlene Johnson Grant Project Director Idaho Office of Drug Policy Ph: 208.854.3048 h tslr.t e.ic h s.c sn(ci)crdln id tlnE :Et GRANT AGREEMENTThisGrantAgreement (the "Agreement") is by and between the Idaho Office of Drug Policy ODP), and Meridian Anti -Drug Coaltion(the "Sub -recipient"). Section 1: Delivery of Services 1.1 Grant Award Period — The term of this Agreement is July 1, 2016 — June 30, 2017. Services shall begin no sooner than July 1, 2016 and will terminate on June 30, 2017. ODP will NOT pay for any services delivered prior to July 1, 2016. 1.2 Grant Services — The Sub -recipient shall deliver services as outlined in Exhibit A, Notice of Award, attached hereto and incorporated by this reference. The parties may amend the Project/Program Description in the Notice of Award from time to time if needed, in order to accurately reflect the services provided by the Sub -recipient. 1.3 Sub -recipient Role — ODP requires the Sub -recipient to deliver the services as outlined in this Agreement. The Sub -recipient may not transfer, subcontract or delegate its obligations to any third parties without ODP's written consent. Failure to abide by this restriction may result in termination of the Agreement, or any other remedies available to ODP. Section 2: Terms of Funding 2.1. Use of Funds - The Sub -recipient agrees that grant fields will be used only for the approved cost categories shown on the approved budget in the Notice of Award; however, the Sub -recipient may make budget changes within the approved cost categories not to exceed 5% of the total grant award amount during the grant award period. Any changes in excess of 5% or outside of an approved cost category must be requested by the Sub -recipient and approved by ODP in a written notice prior to incurring costs. 2.2 Payment of Grant Funds — ODP will pay Sub -recipients within 45 days of receipt of invoice contingent upon the completion of the agreed upon services, entry of required data into the Data Management System, and compliance with the Delivery of Services requirements listed in Section I of this Agreement. Training regarding data entry and the Data Management System will be scheduled after July 1, 2016. ODP will pay Sub -recipients for services delivered within 45 days of the date of invoice, provided all required documentation of services and data entry requirements are met. Section 3: Roles and Responsibilities 3.1 Relationship - Sub -recipients' relationship with ODP will be that of grantee. Nothing in this Agreement creates a partnership or employer-employee relationship. Sub -recipient is not eligible for, nor entitled to, and shall not participate in, any of the State of Idaho's pension, health or other fringe benefit plans. ODP will not obtain workers' compensation insurance for Sub -recipient or its employees and is not a "statutory employer" of Sub -recipient or its employees. 3.2 Taxes and Record Keeping - Sub -recipient is solely responsible for filing all tax returnstoanyfederal, state or local tax authority. Additionally, Sub -recipients must maintain andprovidetoODP, upon request, all documentation supporting Sub -recipient's requests forpayments. 3.3 Review — All records and documents related to this Agreement, including but not limitedtofiscalrecords, shall be available for review, audit and copying by ODP, and by state and federal inspectors or auditors for a period of five years. Section 4: Termination 4.1 Termination of Agreement — If the Sub -recipient fails to provide any of the services outlined in this Agreement, ODP shall meet with the Sub -recipient and may provide written notice to require any of the following: 1) require the Sub -recipient to take corrective action to ensure compliance with the Agreement; 2) reduce the funding allocation to more adequately reflect the services that will be provided; 3) terminate this Agreement; or 4) pursue any other remedy Available at law or in equity. Section 5: Indemnification 5.1 Indemnification - To the full extent allowed by law, Sub -recipient shall exonerate, indemnify, defend, and hold harmless ODP and ODP's officers, agents, and employees from and against any and all lawsuits, claims, or legal causes of action of any type arising from or in any manner. connected with Sub -recipient's performance, or failure to perform, under this Agreement. The right to indemnification shall be in addition to, and not in lieu of, any remedy otherwise available to ODP. Any indemnification obligation is not diminished or limited in any way by the total limits of insurance required to be held by Sub -recipient. Indemnification of the ODP shall not be construed to deny the State any of the benefits of any law that limits exposure to liability or damages and the ODP does not waive any immunity otherwise extended by law. 5.2 Authority - The Sub -recipient represents and warrants that the individual signing this Agreement has authority to bind the Sub -recipient to the terms of this Agreement. Accepted and Agreed Sub -recipient Organization/Agency Signe C /u' Signed: TitleG//L15/_/ <' I" %, Title: _ Date: t;-Ul Date: Office of Drug Policy Elisha Figueroa AdIninistrator 06/21/2016 EXHIBITASTRATEGICPREVENTIONFRAMEWORK GRANT AWARDSTATEFISCALYEAR2017GRANTALLOCATIONINFORMATION FISCAL AGENT NAME: City of Meridian COALITION NAME: Meridian Anti -Drug Coalition TOTAL SFY 2017 GRANT ALLOCATION: $99,814.00 Table A. Grant Allocation Details category Annual Allocation PERSONNEL FRINGE 0 TRAVEL 0 EQUIPMENT 16,337.00 SUPPLIES 0 CONTRACTUAL 1,090.00 OTHER 32,920.00 TOTAL DIRECT COSTS 49,467.0049,814.00 TOTAL INDIRECT COSTS TOTAL PROJECT ALLOCATION 0 This award is subject to the terms and conditions attached 99,814.00 10. rrcy Offici qaatu ,fume and Title) Date 11. Recipient Official (Signature, Name and Title) Date Click to edit Title Page www.meridianmadc.org Coalition Strategies to Affect Community Change 1.Provide Information 2.Enhance Skills 3.Provide Support 4.Enhance Access / Reduce Barriers 5.Change Consequences 6.Change Physical Design 7.Modify / Change Policies Positive Social Norm Campaign: Environmental Strategy 1. Provide Information- educational presentations, workshops or seminars, and data or media presentations (e.g., public service announcements, brochures, billboard campaigns, community meetings, town halls, forums, web-based communication). www.meridianmadc.com Natural High & Red Ribbon Week MADC In The Community •Coalition Membership –2015=100 –2016=170 •50+ Events per Year •Prescription Drugs –2015=2980 lbs –2016=3467.5 lbs (so far) •Red Ribbon Week 2016 –over 1,953 students presented to by MADC –K-9 Demonstrations –notMYkid presentations –450 youth attended rally at the Capitol Questions? Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: Public Hearing for THIRD READING: Ordinance No. 16-1709: AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. MEETING NOTES 4 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. /6— 17y l BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE AMENDING TITLE 4, CHAPTER 1, SECTION 8.13 (1), MERIDIAN CITY CODE, COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS TO CHANGE THE COLLECTION AT COMMERCIAL PREMISES TO COMMENCE AT FOUR O'CLOCK (4:00) A.M.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; Republic Services, the City's solid waste and recycling franchisee, having come before the Mayor and City Council to report that the effect of growth in the community has impacted its ability to safely and timely collect commercial premises, including schools, in accordance with MCC 4-1-8(B); and WHEREAS; Republic Services having informed the Mayor and City Council that an additional hour earlier in the morning would enable timely collection to occur; and WHEREAS; the Mayor and City Council finding that changing the current early AM commercial collection start time from five o'clock (5:00) A.M. to four o'clock (4:00) A.M will result in a safer community, and more efficient and cost-effective solid waste and recycling services; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 4, Chapter 1, Section 8(B), Meridian City Code is hereby amended to read as follows: 4-1-8: COLLECTION OF SOLID WASTE AND RECYCLABLE MATERIALS: B. Collection At Commercial Premises: The following provisions shall apply to all commercial customers and premises within the city of Meridian: Frequency Of Service: Franchisee shall provide commercial service every day except Sunday, commencing at fiw four o'clock (54:00) A.M. Public and private schools shall be serviced between five four o'clock (54:00) A.M. and seven o'clock (7:00) A.M. Franchisee shall collect solid waste and recyclable materials from commercial premises in one of the following manners, per customer election: a. Regular Service: Franchisee may collect solid waste and recyclable materials regularly, at least once weekly. b. On Call Service: Franchisee may collect solid waste and recyclable materials within the next working day of a customer request. The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring on call service. CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O'CLOCK A.M. - TITLE 4, CHAPTER 1, SECTION 8(B) PAGE 1 OF 2 On call customers not generating wet or putrescible wastes shall receive collection services at least once per month, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. Temporary Service: Franchisee may provide collection services to temporary accounts for construction, landscaping, demolition, or other short term projects. Temporary service shall be provided no longer than one hundred twenty (120) days. Use of temporary service shall not replace regular solid waste and recyclable materials collection service for the premises. Solid waste and recyclable materials not generated by the short term project shall not be placed in a temporary container. Temporary service for construction and demolition wastes will be limited to roll -off containers, except where construction and demolition trash service can only be provided with a three (3) yard container due to inadequate space or other site restrictions. The city utility billing department may require a deposit as a condition of initiating, continuing, or restoring temporary service. Temporary customers not generating wet or putrescible wastes shall receive collection services at least once per month, unless the city determines another minimum service interval is appropriate, considering protection of the environment and public health and safety. Section 2 That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of ,\/b V2M(W, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of mo U&,.i bely- , 2016. APPROVED: 6 Tammy de a o ATTEST: _7410\ GN,► ;WZL"", (-'!t. r Ips C.fay Col rty Clerk CHANGE OF EARLY AM COLLECTION AT COMMERCIAL PREMISES TO FOUR O'CLOCK A.M. - TITLE 4, CHAPTER 1, SECTION 8(B) PAGE 2 OF 2 CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN -IN SHEET Date: November 1, 2016 Item # Project Number: Project Name: Amending Title 4, Chapter 1, Section 8.13 Please print your name CITY OF CF For Against Neutral Do you wish to testifv (Y/N Meridian City Council Meeting DATE: November 1, 2016 ITEM NUMBER: 10 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 Meridian City Council Meeting DATE: November 1, 2016 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: 11 Executive Session per Idaho State Code 74-206(1) (f) To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation MEETING NOTES 1,/to s 04 e Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS