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HomeMy WebLinkAbout2019-07-09 Work Session C I T Y C OUNC I L W OR K SESSI ON A GENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, J uly 9, 2019 at 4:30 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer X Treg B ernt (via phone) X Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. Adoption of Agenda – Adopted as Noted 3. Consent Agenda [Action Item] – Approved A. Approve M inutes of J une 25, 2019 C ity C ouncil Regular M eeting B. F inal Order for Alicia Court S ubdivision (H-2019-0065) by Riley P lanning S er vices. L ocated at 4036 E. G ranger Ave. C. D evelopment Agreement for G ander C reek North & South (H-2019- 0013) with Union S quar e, LLC/RWK Investments, LLC /Heartland Townhomes P roperty M anagement, LLC and K enneth P. G oldbach & M elynda A. M axwell (O wners) and T r ilogy D evelopment, Inc. (D eveloper ) located at the S outhwest cor ner of N. M c D ermott Rd. and W. M cM illan Rd. (P ar cel #s: S 0432110450; S 0432110100; S 0432110565; S 0432141800; S 0432110500) D. D evelopment Agreement for Pollar d S ubdivision (H-2019-0021) with Tomlinson F amily T rust, D ated April 7, 1982 (O wner) and B righton D evelopment, Inc. (D eveloper). L ocated off the NE Corner of S H-16 and W. C hinden B lvd. E. D evelopment Agreement for Villaspor t (H-2018-0121) with S adie C r eek C ommons, LLC ., (O wner/D eveloper ) L ocated at the S W Corner of E. Ustick Rd. and N. E agle Rd. F. Williams Pipeline S pecific E ncroachment Agreement for Water M ain E xtension W. Victory Ro ad and S Ten M ile G. F ranchise Agr eement between C ity of M eridian and B ir d Rides, Inc. for O per ation of S hared Vehicle S har ing P r ogram H. 2019-2021 Discovery P ark C oncessions L ease Agreement I. M emorandum of Agr eement for S har ed Use of C ountywide Addr ess D ata J. Acceptance Agr eement for Display of Ar twor k in Initial P oint G allery with S hawn Hubbs K. P rofessional S er vices Agr eements for Ar twor k for T raffic B ox Community Ar t P r oject 1. Holly Badke, Allegretto 2. Nicole Branham, Uni corn Ice Cream 3. Ava Gardiner, Hopeful Bunny 4. Anne Watson Sorensen, Meri di an of Ti me (aka Funky Town #10) L. F Y 2019 Budget Amendment in the Amount of $61,071 for L egal S ervices M. AP I nvoices for P ayment - 06/27/19 - S pecial - $10,550.76 N. AP I nvoices for P ayment - 06/28/19 - $112,950.63 O. AP I nvoices for P ayment - 07/03/19 - $789,533.59 P. AP I nvoices for P ayment - 7/10/19 - $642,218.07 4. Action I tems A. Appeal of D enial of Vehicle Immobilization L icense C ontinued from J une 25, 2019 by Nathan Nuno – Vacated from Agenda B. M ayor's O ffice: Resolution No. 19-2155: A Resolution Appointing Ryan L ancaster and Tom L eC laire to the M eridian T ranspor tation Commission. - Approved 5. Community I tems / Presentations A. M ayor and Council C ompensation C ommittee: P r esentation of the Recommendation of the M ayor and C ouncil C ompensation Committee [Action I tem] – Accepted Recommendation of Committee. Public Hearing will be held at the first readi ng of the Ordinance B. L egal/HR: C ontinued Discussion of S elf-F unded T rusts and T rustees [Action Item] – No Action Required 6. D epar tment / Commission Repor ts A. Budget Amendment for F Y 2019 in the Amount of $464,147 to P ur chase Additional Water M eter s / M X Us S uppor ting C ity Gr owth [Action Item] - Approved 7. E xecutive S ession per Idaho S tate C ode 74-206 to communicate with legal counsel for the public agency to discuss the legal r amifications of and legal options for pending litigation author ized under section 74- 206(1)(f) ; and (1)(j) to consider labor contr act matters authorized under section 74-206 A (1)(a) and (b) Into Executive Session: 5:26pm Out of Executive Session: 6:02pm Meeting Adjourned at 6:02pm Meridian City Council Work Session July 9, 2019. A Meeting of the Meridian City Council was called to order at 4:31 p.m., Tuesday, July 9, 2019, by Mayor Tammy de Weerd. Members Present: Tammy de Weerd, Joe Borton, Luke Cavener, Genesis Milam, Ty Palmer, Anne Little Roberts and Treg Bernt (phone). Also present: Chris Johnson, Bill Nary, Warren Stewart, Tracy Basterrechea, Charlie Butterfield and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer X__ Treg Bernt _ X___Genesis Milam _X___Lucas Cavener __X__ Mayor Tammy de Weerd De Weerd: Well, I'm going to go ahead and start today's meeting. This is the work session for City Council. Thank you for joining us. For the record it is Tuesday, July 9th. It's 4:31 and we will start with roll call attendance, Mr. Clerk. Item 2: Adoption of Agenda De Weerd: Item No. 2 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Item 4-A on the agenda is coming off and with that change I move we adopt the agenda as amended. Cavener: Second. De Weerd: Okay. I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 3: Consent Agenda [Action Item] A. Approve Minutes of June 25, 2019 City Council Regular Meeting B. Final Order for Alicia Court Subdivision (H-2019-0065) by Riley Meridian City Council Meeting Agenda July 16, 2019 – Page 4 of 147 Meridian City Council Work Session July 9, 2019 Page 2 of 22 Planning Services. Located at 4036 E. Granger Ave. C. Development Agreement for Gander Creek North & South (H- 2019-0013) with Union Square, LLC/RWK Investments, LLC /Heartland Townhomes Property Management, LLC and Kenneth P. Goldbach Melynda A. Maxwell (Owners) and Trilogy Development, Inc. Developer) located at the Southwest corner of N. McDermott Rd. and W. McMillan Rd. ( Parcel # s: S0432110450; S0432110100; S0432110565; S0432141800; S0432110500) D. Development Agreement for Pollard Subdivision (H-2019-0021) with Tomlinson Family Trust, Dated April 7, 1982 (Owner) and Brighton Development, Inc. (Developer). Located off the NE Corner of SH-16 and W. Chinden Blvd. E. Development Agreement for Villasport (H-2018-0121) with Sadie Creek Commons, LLC., (Owner/Developer ) Located at the SW Corner of E. Ustick Rd. and N. Eagle Rd. F. Williams Pipeline Specific Encroachment Agreement for Water Main Extension W. Victory Road and S Ten Mile G. Franchise Agreement between City of Meridian and Bird Rides, Inc. for Operation of Shared Vehicle Sharing Program H. 2019-2021 Discovery Park Concessions Lease Agreement I. Memorandum of Agreement for Shared Use of Countywide Address Data J. Acceptance Agreement for Display of Artwork in Initial Point Gallery with Shawn Hubbs K. Professional Services Agreements for Artwork for Traffic Box Community Art Project 1. Holly Badke, Allegretto 2. Nicole Branham, Unicorn Ice Cream 3. Ava Gardiner, Hopeful Bunny 4. Anne Watson Sorensen, Meridian of Time (aka Funky Town #10) L. FY-2019 Budget Amendment in the Amount of $61,071 for Legal Services M. AP Invoices for Payment - 06/27/19 - Special - $10,550.76 Meridian City Council Meeting Agenda July 16, 2019 – Page 5 of 147 Meridian City Council Work Session July 9, 2019 Page 3 of 22 N. AP Invoices for Payment - 06/28/19 - $112,950.63 O. AP Invoices for Payment - 07/03/19 - $789,533.59 P. AP Invoices for Payment - 7/10/19 - $642,218.07 De Weerd: Item 3 is our Consent Agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we approve the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Ber nt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Action Items A. Appeal of Denial of Vehicle Immobilization License Continued from June 25, 2019 by Nathan Nuno De Weerd: Item 4-A was vacated. B. Mayor's Office: Resolution No. 19-2155: A Resolution Appointing Ryan Lancaster and Tom LeClaire to the Meridian Transportation Commission. De Weerd: So, we will move to Item 4-B, which is under the Mayor's office, Resolution 19-2155. In front of you is a resolution reappointing Ryan Lancaster and appointing Tom LeClaire, who is here with us today, to the Meridian Transportation Commission. I know that you're familiar with Ryan and he has been a dependable commissioner and we appreciate his interest to continue to serve. New in front of you is -- is Tom LeClaire, but for some of you you probably know -- remember Tom. He served on our Parks Commission and he's also served Ada county on their planning and zoning . We appreciate his interest in the Meridian Transportation Commission and I think Mr. Ballard Meridian City Council Meeting Agenda July 16, 2019 – Page 6 of 147 Meridian City Council Work Session July 9, 2019 Page 4 of 22 and I have already finagled him to agree to help on a new project we are kind of endeavoring in. So, Tom has tackled some meaty issues when he was with the Parks Commission, so we are just really excited to have him interested in -- in the transportation world. So, Council, if you have any questions I would be more than happy to answer them. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: No questions. My opinion a great reappointment and a great appointment to the Transportation Commission. So, I would move that we adopt Resolution 19-2155, appointing Ryan Lancaster and Tom LeClaire to the Meridian Transportation Commission. Little Roberts: Second. De Weerd: I have a motion and a second to approve Item 4-B. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, (No Response). De Weerd: The ayes have it. I'm not sure how to count Mr. Bernt, but -- MOTION CARRIED: FIVE AYES. ONE (NO RESPONSE.) De Weerd: Tom, would you like to make any remarks? If you would come on up to the podium. LeClaire: Thank you for showing confidence in me and I will work hard on this commission. It's -- the Mayor talked about some of my experiences. I look forward to coming back to the city and -- and re-engaging with our community and it's going to be really great. De Weerd: And welcome back. LeClaire: Thank you. De Weerd: Thank you, Tom. Okay. Item 5-B under Community Items/Presentations. Yes. Oh, Ryan, do you have anything you would like to say? Yes. I see you brought a guest. Lancaster: So, you guys ought to be careful giving -- who you give an open mic to. But thank you for reappointing me. So, I have been a commissioner on the -- first the Traffic Safety Commission and now the Transportation Commission for -- I guess this is eight years now. So, thank you for reappointing me for '9 '10 and '11 . So, this is my daughter, Meridian City Council Meeting Agenda July 16, 2019 – Page 7 of 147 Meridian City Council Work Session July 9, 2019 Page 5 of 22 Edith. She's one and she gets to -- she gets to tag along on our commission meetings every now and again with mom and big brother. So, it's fun for me to be able to bring my education and experience to the Transportation Commission . You know, by profession I'm a traffic engineer and so this is fun for me. I do this on my own time, on my -- yeah. I take time off for this. So, it's a pleasure to serve our community and I appreciate you reappointing me. So, thank you. De Weerd: Thank you, Ryan. And thank you for your service. Your contributions have been greatly appreciated. Lancaster: Well, thank you, Madam Mayor. Item 5: Community Items / Presentations A. Mayor and Council Compensation Committee: Presentation of the Recommendation of the Mayor and Council Compensation Committee [Action Item] De Weerd: Thank you. Okay. 5-A is under Community Presentations and I see that we have HR here and Josh here and Bill here. I don't know who I'm turning this over to. Nary: Thank you, Madam Mayor. Josh is going to do the presentation for the committee. You do have the presentation in front of you in the smallest font I could possibly find, but it is in your -- it is in your packet, so it is on your screen as well in a much more readable form, so -- De Weerd: Okay. Thank you and welcome back, Josh. Evarts: Thank you. Josh Evarts. 303 East State Avenue, Old Town Meridian. Meridian. 83642. So, thanks for having me back. Per your instruction last time we met, we did get back together as a committee, had some great discussions. I would say that the general sentiment was gratitude from you guys that it definitely felt like as we -- as I made the last presentation on behalf of the group, we heard you guys loud and clear that it was appropriate for us to go back and revisit this and come with a real recommendation. So, that -- that felt very encouraging as a group. Definitely our spirits were much, much higher. It allowed us to actually look at some market data and come back with something that we think is much more in line with -- with something that we feel good about, so -- the presentation is up there. Sweet. I don't see it here. Do I need to or do I care? Is that all you -- moving it. Am I doing something? I'm advancing it. Okay. It doesn't matter. I wrote it. I should know. Here is the commissioners -- are the committee members. Just an FYI, we did have all of us in there for this discussion, which was really, really great , because there were a couple times where we didn't have all of us , so everybody got to provide input on this last little bit. So, thank them for all of their work on this. Again, a quick recapturing of market data, kind of where we sit right now as far as how we compensate our Mayor and how we compensate our Council Members. So, again, this is more for review. Some of the observations -- I won't burden you guys with these again, Meridian City Council Meeting Agenda July 16, 2019 – Page 8 of 147 Meridian City Council Work Session July 9, 2019 Page 6 of 22 but we believe that the nature of -- of what City Council looked like specifically, we just felt that that was where we had some deficits and -- and -- and we needed to make those things up and not anybody's fault, but certainly an opportunity to make a correction here, so that we are not kicking this can further down the road and having a bigger makeup later on, as well as wanting to encourage participation and be at more of a market rate for our Council Members. So, our adjusted mayoral recommendation is -- is -- is identical to what we made before. So, we didn't make any changes here and kind of as we discussed last time, we felt some market based adjustments were appropriate. What we have recommended in here is about -- and I'm not going to be able to read this either. Is it 1,820? Yeah. So, 1,820 over -- in year one with 1,856 in year two. This represents a couple percent increase. We feel that this will keep up with the rest of the m arket. We feel that those are appropriate recommendations. I do want to emphasize again, though, the thing that we talked about last week, which is that yellow item, we do believe that putting a statute in place that when we make market based adjustments and wages for all city employees, that City Council and the Mayor would be included in that. We think that that would provide a mechanism outside of what our committee does every two years to make sure that cost of living is -- is being reflected in compensation for -- for -- for elected officials, as well as their city employees. So, no changes to that mayoral recommendation. Where we do see a change is when we get to our revised City Council recommendation. We felt that we wanted to take this in two parts. We felt that our goal was to target something that's a little bit more in line with the market and the rest of the cities and just the additional workload that you guys are taking on as City Council members. Our recommendation was a 3,500 dollar increase in 2020 and a 1,500 dollar increase in 2021. The expectation would be that the compensation committee would get back together in two years, look at what the rest of the valley is doing, look at the workload that you guys -- we were going to probably tap into Patty again at -- at Meridian Press and encourage her to go do our research for us. In the absence of that, we felt that it was really good data that we will probably volunteer some more time. If she doesn't do the work for us, then, we are going to go do the legwork, because we felt that that was a really, really important thing to have there and have that data as to what's happening in the market in general. Along with -- I anticipate that we would probably do some interviews with you guys individually in the -- in two years to get an understanding of , A, how many hours are you spending? What's your perception of the value of that time? Is the -- is the compensation just that we will probably go do that legwork a little bit of ourselves next time around in two years to really assess, you know, are we where we need to be, as well as look at data and the other cities are really, really great. This is all open and -- and, you know, they have been asking us for data about what we are going to do and I think everybody wants to grow the valley and be healthy. So, I don't think it will be difficult to get at that data. But that's our intent as a committee is that we would go get that research ourselves in two years from now. But our recommendation for right now is that. Again, that yellow item, we feel that that's important for City Council, as well as the Mayor, that when we are doing these kind of adjustments that they be included in that as well. Lastly, as far as the committee analysis, even with doing this we -- we maintain a ranking behind Boise after two years as far as Mayor goes and, again, we don't know what these other cities are intending to do, but we believe that that Mayor position would stay in that position. It does move our City Council more in line -- moves them closer. Meridian City Council Meeting Agenda July 16, 2019 – Page 9 of 147 Meridian City Council Work Session July 9, 2019 Page 7 of 22 Again, we don't know what these cities are going to do, but by the end of that two years, we feel like it would be close to a number two position. Not that we are trying to keep up with the Joneses, we are trying to keep up with the marketplace, as well as we looked at the breakdown of the hours that we believe you guys were working , which we think averages, you know, probably 15 hours a week and we are trying to make sure that the compensation is appropriate for that time and certainly you guys are still public servants; right? This is not a job by any stretch. It's not a living wage, but it is something that we are trying to be fair to compensate that time and make -- make it worthwhile, as well as to attract those new City Council members in the future that might want to volunteer and would be willing to give up that 15 to 20 hours a week in exchange for that and be able to have some offsetting income coming in. This is a course correction to adjust for many years of failure to increase. We talked about this the first time that over 20 years you guys have accepted pay increases four times. So, that environment's what's created where we are today. So, it's appropriate to catch those dollars up, do it in a phase kind of approach. We did have Mr. Nary go ahead and -- on budgeting that's been done in the last -- Mr. Nary, is it the last week that got submitted. We did make sure that there was a placeholder in there for these dollars in anticipation that this was the right thing going forward and, then, we will come back in two years and take a look at this based on what's happening in the market, what's happening with our workload and making sure that we are doing things that are appropriate. Last slide. The need for our citizens committee meeting every two years on this topic to gauge the community's perspective and performance of our elected officials, again, will determine the value of the correction recommended two years from now and we love the fact that we as citizens get to participate in this. It was a very revealing cycle, even though it was my first one, I felt that some of the old inputs -- certainly I tried to stir things up a little bit, but -- but everybody was unanimous and that it's -- it's -- it felt really good to have you guys come back and put us to work one more day, that I would say going into this process it did feel like a little bit of a beat down room, that, you know, hey, we are going to do this work, we are going to submit a recommendation, they are going to deny it. Like that was literally our attitude and when we had this makeup meeting, it was very forward thinking, we were looking at market data, we were excited about the prospect of being able to present something to you and everybody felt like it was of value. So, thank you for doing that. Any questions? De Weerd: Thank you, Josh. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Josh, if I hear you correct, the committee's recommendation is to take for the Council a tiered approach for year one, an additional amount year two and, then, moving forward apply a cost of living like we would do for all other employees? Evarts: No. Cost of living is a separate thing. We believe that that should be something statutory, that you guys would have Mr. Nary's office write that up and vote on that as a separate thing, that just when we do cost of living adjustments for city employees that we Meridian City Council Meeting Agenda July 16, 2019 – Page 10 of 147 Meridian City Council Work Session July 9, 2019 Page 8 of 22 -- that absent our committee that those would just be cost of living adjustments that you guys would benefit from. The committee -- our responsibility, then, is looking at more of a bigger picture. We actually talked about this today, that -- that we anticipate that the adjustments that we would be making in the future might be little to nothing, that by making this correction and with including statutes for cost of living, we might see that the compensation just is right in line with the rest of the valley and what's going on. What we would be responsible for is doing the due diligence to look at what's happening in the valley in other cities, as well as to interview you guys and look at what your workload is and what you guys are really -- you know, what does the job look like and, then, make an assessment that do we need to do anything additional or do we need to take away. I think the committee can recommend both; right? If we feel like the workload decreased or we have made some adjustments or we feel like it's not as big a demand or we see some -- you know, it would be appropriate for us to come back and go, hey, we think a -- you know, an adjustment down would be appropriate. We certainly as a committee are -- are fine with that as well. We all run businesses and -- and sometimes have to make cuts, so -- but it would just be our job to look at a bigger picture kind of view and we believe that this kind of gets us back to a market rate for the work that you guys are providing. Cavener: Madam Mayor, follow up. Josh, when you were here last time we talked about, again, that tiered approach and it sounded like the committee recommended that, because they thought it was a -- maybe a way that the Council would accept kind of an increase. Evarts: Yeah. Uh-huh. Cavener: I'm curious, is that the same rationalization behind why the tiered approach for Council again as well? Evarts: No. I will be transparent. So, originally, there was a thought that, look, why don't we just catch up the 5,000 in year one. We were concerned about setting a precedent of a big catch up and, then, a zero year and that would we somehow set standard in the future of doing, you know, kind of a -- you know, a big amount with, then, a zero year. So, we felt like it would be appropriate to -- to take this in a tiered approach. Also it's an election year, we felt like making sure that that first year, you know, is -- is -- it's a 35 percent increase in your compensations. So, it's a big number. Like when you express it as a percentage, it -- it feels -- it feels big. When you talk about it in dollars in comparison to what's happening in the market it's not at all, it's completely appropriate. So, we wanted to make sure that we took sort of a graduated approach, because we felt that that was the best for the city. We felt it was the best for you guys and it got us on a path to be healthy two years from now. Is that fair? De Weerd: Any other questions? Evarts: And, actually, Mr. Nary, is that a fair representation of our -- Nary: Yes. Meridian City Council Meeting Agenda July 16, 2019 – Page 11 of 147 Meridian City Council Work Session July 9, 2019 Page 9 of 22 Evarts: Okay. De Weerd: Okay. Evarts: I have been known to make things up, so I just want to -- my fact checker here. Except in front of this body. De Weerd: So, next steps is we need direction from Council on -- Evarts: Thank you. De Weerd: -- if you want to approve the recommendation from the committee and thank you, Josh, and certainly thank you to the entire committee. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: A thought. I appreciate the committee bringing this back. I, for one, would like some time to -- I guess marinate on this. It is a large increase and typically any increase I have not been really warm to, but I really appreciate the feedback that we heard from the committee. I think -- and this is, I guess, something that I guess I would like to float out there to get Council's feedback on. Because the proposed increase to Council compensation is so high, I guess I believe both in terms of dollars and percentage , I would like to maybe have a public hearing on this and let the public have the opportunity to come in and weigh in. Again, it's their dollars. I, for one, would like time to marinate, to hear from the public before I would want to render a decision. The piece, too, that I'm struggling with is the tiered approach to -- to making a decision. This body is going to make a decision that will impact a future Council financially and I would rather this just be one number now or a number now and the Council could look to make that decision a year from now if they would want to take that secondary increase . So, those are some of my thoughts. I really do appreciate the work of the committee and I think that made compelling arguments three weeks ago when you were here a bout the importance for providing appropriate compensation, not just for this Council, but for the councils in the future. De Weerd: Okay. Any other comments? Bernt: Madam Mayor, can you guys hear me? De Weerd: Yes, Treg. Bernt: I would like to take a second to thank Mr. Evarts and the -- the committee -- their committee for taking the time to reevaluate this. My thoughts haven't changed since we spoke last in regards to this. I think it's important going forward that we have the talent necessary in -- in order to have people on Council that are good decision makers, who Meridian City Council Meeting Agenda July 16, 2019 – Page 12 of 147 Meridian City Council Work Session July 9, 2019 Page 10 of 22 have the time and the resources available to be great leaders in our city, and so we asked Mr. Evarts to go back and take more time with this. I'm in -- in agreement with Mr. Evarts and his committee and very supportive of it. So, unlike Mr. Cavener, I would like to -- I would like to move on this and -- and -- and vote on this this evening and -- and come to a resolution whether it be yea or nay and -- and get the ball rolling. So, that -- that would be my recommendation. And, again, I appreciate Mr. Evarts and the committee for the time they have taken to -- to evaluate this and for their -- their dedication to the city. So, thank you so much, Josh and committee. De Weerd: Thank you, Mr. Bernt. Other comments from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I'm kind of pondering what Councilman Bernt said and also Councilman Cavener. Thinking about if we wait I don't think I would feel any different. I really appreciate the committee going back and -- and kind of the committee's change in how they felt about doing it, that it gave them some enthusiasm to think that we were on board with what they would come back with. So, I support that we accept the committee's recommendation. I think they have done a lot of work, many of them over many years and we have a recommendation for a reason. We trust our citizens committee, although I'm not completely opposed to having a hearing, so -- but I do think that the recommend -- I would not have a problem with moving on tonight and accepting the recommendation as well. It has been on the agenda, people could be here if they had chosen to . Cavener: You have a point. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Josh came to us last time with a smaller number and we unanimously asked him to go back and give us a real number and that's what he did and I am -- I would like to see once in the six years I have been sitting here for us to listen to our citizen committees and actually do what they recommend . So, I'm in favor of taking the recommendation and truly appreciate all of the hard work that has gone into this and an extra work on top of the regular job by going back and reevaluating to bring us the real number they did. So, I'm -- I'm in agreement with the numbers that Josh has brought forward tonight . I might have to reconsider my thoughts of not running. Just kidding on that last part. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda July 16, 2019 – Page 13 of 147 Meridian City Council Work Session July 9, 2019 Page 11 of 22 Palmer: And for all the reasons cited, both in the article and -- and in all my conversations with anyone who has asked me about this, I do believe that the position warrants higher compensation than it presently has. I don't feel as bad saying that, because I am leaving, but to -- to be able to attract younger people like myself , so that hopefully someday I don't hold the record for the youngest Meridian City Council member. But I think a 50 percent increase over two years, while I really appreciate the value that the committee has placed in the efforts that we put in and while that very well may be commensurate with the work that we put in, still as a public service position I feel like it should be lower than what the position really deserves and I put a lot of thought in the time since I had had that conversation with Patty, because I had kind of put the number out there of 12 to 12 five and I feel really comfortable with that number, maybe even over a tiered approach of moving into 12 in '20 and 12 five in 2021. But a 35 percent increase, followed by another 1,500, I think is a little steep for the position at the moment. I don't want that to feel like I don't appreciate the effort you guys put in, because I really do. But I wouldn't want to have to figure that out, because I can't be unbiased enough. I know that if I was on the committee I would be like, oh, they are elected officials. No raises. But the reality is to attract the kind of people that we want up here it does take a little bit more, but not quite that much. De Weerd: Well, I appreciate the citizens committee every two years coming here and hearing some of the same conversation. I think you have heard from the citizens. That's why we put the citizen committee together and to be thoughtful on the recommendation. The reason why the increase is coming back at the percentage it is is because it's already an insanely low amount that any increase is going to seem big and the Council hasn't approved the increases in the past. So, it gets bigger every two years trying to make up for a workload that is really being accomplished by City Council representatives and you have to take yourselves out of the seats and think for those that will -- will serve and help offset -- and this certainly doesn't even come close to offsetting the time spent and the time invested in continuing to make Meridian a good place to live. You're elected to make some tough decisions. This is not one of the toughest decisions that you have been asked to make, you just have to take yourself out of it and look at it fo r future councils as well that will come. So, I think it's time that the Council salaries come into alignment more so than they have been in the past. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: That was very well said and with that I will make the motion that we accept the recommendation from the compensation committee. De Weerd: Okay. Milam: Second. Meridian City Council Meeting Agenda July 16, 2019 – Page 14 of 147 Meridian City Council Work Session July 9, 2019 Page 12 of 22 De Weerd: I have a motion and a second to approve the compensation committee 's recommendation in full. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Council Member Roberts, I assume your motion includes that tiered approach? Little Roberts: Yes. Cavener: Madam Mayor. I'm not opposed to the amount personally, but, Mayor, you said something that I think has really sat with me is taking ourselves out of the seats and for me that's looking at it through the eyes of a taxpayer and a 5,000 dollar increase for a public servant I think invites the opportunity for the public of which we serve to come and comment on this. So, while I don't think that I'm opposed to the number, I am opposed to this tiered approach. I would -- I won't be supporting this motion, not because I oppose the work of the committee, it's because I think it's incumbent upon us to invite the public to come in and comment on this. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: So, mechanically, Madam Mayor, Members of the Council, we will have to bring an ordinance back with both those changes and to the wages both for the Mayor and for the Council positions for the next two years. Statutorily it has to be done at least 60 days prior to the election. So, it has to be done by about the end of August, first of September. The opportunity for public input is certainly there with the ordinance . So, that's an opportunity, if that's the Council's desire, we can schedule, you know, the first hearing of it to be a public hearing and, then, the second and third reading could be passed or amended as -- as you direct. So, there is the opportunity if that's what you would like. Since it is an ordinance you can open that up for public comments. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I support the idea of having a hearing on this and getting input from our citizens . I think we can go ahead and make the recommendation now to approve it, with the public hearing before the ordinance. De Weerd: Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, nay; Little Roberts, yea; Bernt, yea. Meridian City Council Meeting Agenda July 16, 2019 – Page 15 of 147 Meridian City Council Work Session July 9, 2019 Page 13 of 22 De Weerd: The ayes have it. And we will bring that back in ordinance form and, Mr. Clerk, to list the first reading as a public hearing. MOTION CARRIED: FIVE AYES. ONE NAY. B. Legal/HR: Continued Discussion of Self-Funded Trusts and Trustees [Action Item] De Weerd: Okay. And thank you again to our committee . Item 5-B is under our Legal Department and I will -- I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. I would like to introduce Kevin West of the firm Parsons Behle and Latimer. The committee of -- the benefits committee and the benefits trustees met to discuss outside counsel helping prepare the trust agreement for the self-funded trust. Walking through the process with the Department of Insurance. Mr. West has a great deal of experience in this area. The committee was really impressed with him and his firm's ability to help us manage through this process. I asked Mr. West to come and help provide a little more information. We talked a few weeks ago about the trust and the trustee makeup and how that's done and Mr. West can help explain a little again how the trust operates and functions and what the purpose of it is. We did get some information back from Department of Insurance , basically saying they have not made a definitive position on the question about elected officials , but their response was we have not allowed any elected officials to this point. That's basically the best they would tell us is that to this point they have denied any requests by elected officials to be part of a benefits trust, but they weren't telling us that they were prohibiting it either. So, they have sort of left it on the fence. But I thought Mr. West could help us understand a little bit about the process and how this works and what the -- how the trust functions and if you had any questions he could answer those. De Weerd: Thank you, Mr. Nary. Mr. West, welcome. West: Well, it's an honor to -- a rare honor for me to be in front of this group, so I appreciate this opportunity and hope I can be helpful. I don't know if it's best just to entertain questions or whether you want to hear anything more formal than that. Obviously, a self-funded health plan is -- has become very popular in recent years. Many -- not only government entities, but private companies are moving to this arrangement. There is Idaho law that governs the formation of a self -funded health plan with a trust and has numerous requirements. Title 41 of the Idaho Code governs the formation, registration of a self-funded health trust and has requirements for the formation of that. I know -- I listened to your minutes of your last meeting. Bill was good enough to give me that heads up, so I -- I know Mr. Borton had questions about what are the duties and responsibilities of trustees and I went through various sections of the code and I just thought I would list those for you if that's helpful. De Weerd: Thank you. Meridian City Council Meeting Agenda July 16, 2019 – Page 16 of 147 Meridian City Council Work Session July 9, 2019 Page 14 of 22 West: So, the responsibilities of trustees are to receive contributions for the trust and these are contributions both from the city and from the employees themselves to the extent that you require contributions from them . Secondly, to hold, manage and invest trust assets according to the terms of the trust. Third, to make distributions from the trust for covered benefits of plan participants and for any trust expens es. Fourth, to be responsible for the trust's long term financial stability and that primarily involves maintaining sufficient reserves as established by a qualified actuary and that's both an annual and I believe a quarterly process of determining that s ufficient reserves exist. Fifth, to keep records and accounts of all trust transactions, trust board decisions. Six, to furnish employees with copies of the plan. Next, to ensure that the various filings are made with the director of the Department of Insurance and I think those are the main ones. And I should add the trustees don't have to do all of these things personally, they can certainly delegate and get others to assist them in these different functions , but the ultimate responsibility as fiduciaries remains with -- with the trustees, even though they may delegate some of these things to others. I know that you would have a third party administrator who would be very involved in -- in assisting the trustees with -- with these functions and so I would be -- I would certainly entertain any questions. I will also add I know there was discussion about City Council Members being trustees and it's interesting that ten years ago another city that I won't name, but another city in Idaho asked my firm for a legal opinion on that and our opinion was that it was not appropriate for a city council member to be a trustee and that's -- the code says that an employer shall not be a trustee and so the employer here is the City of Meridian and while it's -- it's not entirely clear, our feeling was that the city acts by and through its city council and in effect, the city council is, in some sense, the employer. So, it was our opinion that both the sense and spirit of the statute was that city council members should not be trustees . We also felt that there was a potential for conflict of interest that might exist in terms of, you know, allocation of finances to the trust fund and as opposed to using city funds for other purposes and that's maybe a bit of a stretch, but we felt that there could be potentially a conflict of interest as well. So, that was the opinion that we gave in 2010 to another city. The statute has not changed. It's not been interpreted to my knowledge and that was our opinion at the time and it sounds like the Department of Insurance is having a hard time making up its mind on which way it's going to go. So, I think that reflects the fact that it's not crystal clear. But, anyway, I would -- I would be happy to entertain any other questions. De Weerd: Thank you. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. Mr. West, we also had some discussion regarding the number of trustees. Do you have an opinion on -- what we agreed on was an odd number is best, but three, five, seven -- West: Yes. I -- I really think that's a matter of preference. I think having an odd number to break a tie is probably a good idea, although I understand from Mr. Nary in listening, Meridian City Council Meeting Agenda July 16, 2019 – Page 17 of 147 Meridian City Council Work Session July 9, 2019 Page 15 of 22 you know, to the discussion, that it's very rare that there is much of a dispute, but I still think having an even -- an odd number is a good idea, whether -- whether it's three or five or seven I don't really have an opinion on. I think five is certainly an adequate number. Little Roberts: Thank you. De Weerd: Any other questions from Council? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mr. West, appreciate you being here and for your expertise as well. Do you know how many municipalities in -- in Idaho have a similar trust plan like what we are proposing in Meridian? West: I don't. I, again, have worked with a major university in the state, a major city in the state, some major companies in the state, some of the largest employers in the state who have them, but I don't have like a statistic to give you . Cavener: Madam Mayor, follow up. I have been told that it's -- it's not many, but -- I mean is if someone were to say there are not many cities that do this in Idaho right now, is that a fair and accurate statement to make? West: I don't know. Cavener: Okay. Madam Mayor, maybe one -- just one. If you read the minutes I think you're well aware that I'm a -- I'm a large supporter of having a council member on this and when someone, who is an expert like you, brings up the issue of risk, that's something that perks my ears up. I -- I'm keenly interested in that. And help me understand what -- what risk would pose to the city by -- by having somebody that's serving on the city council also being a member of this trust. West: Yeah. And I -- I'm not sure I said there was a risk, I said there was a potential -- potential conflict of interest. Okay. You know, there may -- there may be one interest in -- in guarding city funds and using them and safeguarding -- well, not safeguarding, but -- but -- but keeping them back for other purposes, as opposed to devoting them to the trust. So, there -- there could be some inherent conflict in -- in that. That's -- as we looked at this almost ten years ago, that was a potential that we saw and Idaho Code says the trustee shall not have any conflict of interest or any appearance of such. So, you might say, well, that's a pretty small risk, Mr. West, and I might agree with you, but there was, nevertheless, that potential there. Cavener: Great. I appreciate it. Thank you very much. De Weerd: Okay. Other questions? Thank you for joining us this -- this afternoon. Meridian City Council Meeting Agenda July 16, 2019 – Page 18 of 147 Meridian City Council Work Session July 9, 2019 Page 16 of 22 West: All right. De Weerd: It's not evening yet. West: Thank you. De Weerd: Okay. Council, any further information needed from -- I know Christena is here, Mr. Nary or Mr. West. Cavener: Madam Mayor? Cavener: Mr. Cavener. Cavener: It's listed as an action item. What's -- what's the action that you were or HR or city attorney or -- are looking for? De Weerd: Mr. Nary. Nary: Madam Mayor, I can answer this. So, what I wasn't sure of is if there was a necessity to take an action. What has already been directed previously was to begin the process of the application, which that's something between HR and myself and Mr. West and we will get that information to them. The trustees that have proposed to move forward right now are four. The last discussion was three to five. One of the suggestions at the last discussion was that, again, to take action is going to require a majority of the trustees. So, you're going to need a minimum of three -- if you only have four you're going to need a minimum of three people to take any action to move forward. So, you're not really going to have a tie, because you -- as with this board, if you had to tie, then, it fails. So, I didn't know if there was any further action, I just wanted to make sure we were covered if the Council wanted to direct anything else, we are beginning that process. If the Council's desire is a Council Member apply to be a trustee, we will submit that with the paperwork and if that's -- if the Department of Insurance approves it or denies it, that's up to the Department of Insurance. So, I think -- I just wanted to make sure you had enough information about how this worked and what the functions of the trustees really are and why, you know, they have in the past separated out elected officials from trustees fo r -- for reasons that the Department of Insurance now seems to be unsure of, but had been -- up until we asked the question had been fairly sure of. So, I didn't know if you need to take action, I just wanted to make sure it was labeled properly in case there was a direction to do something. De Weerd: So, because it has -- there already has been action taken, there is not action necessary tonight. Nary: It isn't required, no. De Weerd: Okay. Meridian City Council Meeting Agenda July 16, 2019 – Page 19 of 147 Meridian City Council Work Session July 9, 2019 Page 17 of 22 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I do think, though, it's -- if there are questions about -- I guess if this body believes it's five members, that we should probably make some type of action about that. I would hate that there be any ambiguity from staff's perspective on least where Council stands on this. I think specifically to have any Council Member on the trust board. And no one's surprised, it's my opinion that we should continue with the path of putting a Council Member on there, unless the Department of Insurance says you can't. I think five is an appropriate thing. That's where the conversation has been. I don't have any opposition to that. I think in terms of making sure that it continues to move forward we should -- if -- and because it's asked for action and to Mr. Nary's points I think we could at least comment in about where Council is so at least staff's aware as they move forward. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I'm still comfortable and in agreement with the direction from our in-house counsel and now our out-of-house counsel that's framed it well, that the principles behind the employer's prohibition upon being a trustee apply in spirit at least with an elected official. I think the remarks about the code's prohibition on an appearance of a conflict, as well as an actual conflict, would prohibit an elected official being a trustee. I think the appearance of a conflict is clearly there, even if an actual conflict doesn't exist, and the direction from those two legal professionals with that code principle makes me believe that a Council Member should not be a trustee on this trust, that that appearance of conflict will exist can't be cured. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I lean towards agreeing. Left kind of with the only thing leaving me uneasy about it was the acceleration in the process, but not to the point of not wanting to move forward. I am confident in our staff's competence in the acceleration. So, not super pumped about it, but I'm fine with it -- to address them. De Weerd: Okay. So, unless anyone has anything in particular, we don't need anything specific on this item tonight, so -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda July 16, 2019 – Page 20 of 147 Meridian City Council Work Session July 9, 2019 Page 18 of 22 Milam: Yes, it's something -- you know, it is something we have discussed -- we discussed a lot last time, it came up today, and Mr. West even pretty much confirmed that five is the magic number. So, I always said three to five or whatever it was, but I, for one, feel comfortable with the number five and I think I heard Mr. Cavener say that he felt comfortable with the number five. So, I don't know if we want to change that or just leave it. I'm not going to push too hard, but if anybody's with me -- Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor. I don't know if I can pose this question to Mr. Nary. If -- if it's already in process what does it take to add a fifth person and is there a fifth person in mind, assuming we do not submit a Council person. Nary: So, Madam Mayor, Members of Council, Council Member Little Roberts, I think that was kind of the rationale between the three to five. We have trusts that have operated with one. We don't recommend that. That person gets hit by a bus you're kind of in trouble. The concern is if -- if the requirement it has to be five, then, nothing can happen if you can't get a fifth person or the fifth person retires or leaves the city and it takes us a couple months and you can't move forward , because now you don't have a legally constituted board and so that's why many of our commissions say up to a certain number, so that way you have a minimum, but you don't have a maximum. So, that way you can still function when you don't have your maximum number. Five is an ideal number. At the moment the four people that have volunteered off of the benefits committee are the only four people in the benefits committee that were willing to do it. So, at the moment we would be recruiting somebody who to this point has expressed no interest in wanting to be one of the trustees. So, I'm not saying it's impossible. We certainly can. I think part of our intent with the committee is to start getting some new members to the committee to educate them on how the process works, what the long -term goal is, that way there is a good deep bench for when people s eparate or retire or whatever. So, at the moment we just don't have a fifth person that has volunteered to do that. So, I would hate to stifle the whole process over one person. But, again, we could craft the agreement to make sure it's clear that a minimum of three need to approve any action by the board in moving forward and that if there is an available position for a fifth and , again, as we work on this and get it up and running we can help recruit that fifth person, because I think ideally that would work, it's just that the moment we don't really have that and I would hate to stall everything for one -- one position. Little Roberts: Thank you. Makes sense. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Meeting Agenda July 16, 2019 – Page 21 of 147 Meridian City Council Work Session July 9, 2019 Page 19 of 22 Milam: That made a lot of sense I guess. Then I would -- I would feel comfortable knowing that the goal is to have five -- to have that at least confirmation from the -- from the committee members that we are -- our goal is to have five. That way, if somebody does drop off we still have four, you know, and, then, always try to keep it at five, but maybe not mandate it to be five for those reasons that we don't want to stall anything if somebody does leave. I do have a question. Are -- are all of the members employees under our compensation committee? Do you have any -- is there a potential for any citizens to be on that committee or does it need to be set up as only employees? Nary: Well, historically it has only been employees on the benefits committee. Again, we talked to other entities on whether a third party or an outside consultant or an outside member -- and, again, for the same sort of reasons, it didn't make a lot of sense to most other trusts of having people who have no stake in the outcome, no role in the benefi ts. Again, it's -- part of it's that learning curve, part of it's the investment into a part of it. It is a benefits committee for the employees and so it hasn't made sense to other people that have that -- I'm not aware of any trusts that have nonemployee members on the trust and there is -- again, I -- maybe go back to Mr. Cavener's earlier question, there are a number of them in the state of Idaho, but generally they are larger cities, larger employers. On the public sector side it isn't very large, because we don't have a lot of large cities or large employers. But there aren't any that I'm aware of that have nonmembers being on their boards. De Weerd: Mr. Nary, can you, then, build in the requirements to move forward anything regarding the trust it would need to have the affirmative vote of three that would help with the concern of the even and no tiebreaker and it will also help if you lose the fourth or don't have all five, you will always have to have five or three people voting in favor. Nary: Yes, ma'am. That can be crafted with the trust agreement. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I booger it up just a little bit? A majority actually does the same thing. In the off chance you one day have three commiss ioners -- or three trustees, someday in the future, your -- De Weerd: Unanimous. Borton: Still want that? De Weerd: Uh-huh. Borton: Okay. Never mind. I won't booger it up. De Weerd: Okay. Anything further on this item? Meridian City Council Meeting Agenda July 16, 2019 – Page 22 of 147 Meridian City Council Work Session July 9, 2019 Page 20 of 22 Item 6: Department / Commission Reports A. Budget Amendment for FY 2019 in the Amount of $464,147 to Purchase Additional Water Meters / MXUs Supporting City Growth [Action Item] De Weerd: Okay. Moving on. Thank you so much. Item 6-A is under Department Reports. We have in front of you our Public Works director to talk to you about a budget amendment seeking approval. Bolthouse: Madam Mayor, Members of Council, thank you for the opportunity to -- I think present the last and final amendment of the year. I think we probably might have presented the first one back in October, but before you, hopefully, in your information packet and memo it was appropriately explanatory of what we are looking for and that is additional spending authority to purchase MXUs and meters, which we, in turn, pass through, sell and install to development community and we vastly underestimated the growth that we were anticipating this year and we now need that additional spending authority and it's set -- it's offset nearly dollar for dollar for every extra meter we have to buy we will turn around and -- and sell and pass through. So, I will stand for any questions. De Weerd: Thank you, Dale. Any questions from Council? Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: Madam Mayor, hearing no questions, I move that we approve the budget amendment to the amount of 464,147 for the purchase of additional water meters. Cavener: Second. De Weerd: I have a motion and a second to approve Item 6-A. If there is no discussion, Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you. Bolthouse: Thank you. Enjoy your evening. Item 7: Executive Session per Idaho State Code 74-206 to communicate with Meridian City Council Meeting Agenda July 16, 2019 – Page 23 of 147 Meridian City Council Work Session July 9, 2019 Page 21 of 22 legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation authorized under section 74- 206(1)(f) ; and (1)(j) to consider labor contract matters authorized under Section 74-206A (1)(a) and (b) De Weerd: Okay. Item 7 is Executive Session. Do I have a motion? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we go into Executive Session pursuant to Idaho State Code 74- 206(1)(f),(1)(j),(1)(a) and (1)(b). Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (5:26 p.m. to 6:02 p.m.) De Weerd: Okay. I will entertain a motion to come out of Executive Session. Borton: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do you know what you were saying aye to? Borton: I do. De Weerd: Could I have a motion to adjourn our work session? Borton: I move we adjourn. Meridian City Council Meeting Agenda July 16, 2019 – Page 24 of 147 Meridian City Council Work Session July 9, 2019 Page 22 of 22 Milam: Second. De Weerd: Thank you. I have a motion and a second to adjourn our work session. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:02 P. M. (AUDIO --RECORDING ON FILE OF THESE PROCEEDINGS) – MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: D AU(wsl 's G o1V of CHR16-J-OIF0N�Y—C l G l�pAMO (� SEAL .c �U! rhi, TPV �. EIDIAN*,----- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 A Project File Name/Number: Item Title: Approve Minutes of June 25, 2019 City Council Regular Meeting Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.A . Presenter: Estimated Time f or P resentation: 0 Title of I tem - Approve M inutes of J une 25, 2019 C ity C ouncil Regular M eeting AT TAC HM E NT S: Description Type Upload D ate Minutes Minutes 7/1/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 4 of 542 Meridian City Council June 25, 2019 Page 77 of 77 Cavener: Just a plug for Council. We are getting closer and closer to our budget workshop. I'm sure all of you have been busy writing your book, writing your questions. I'm just as guilty. We need to get those questions to staff as soon as possible. So, If you haven't done that yet, please, try and wrap up your review in the next day or two and get those questions to staff, so that the Finance Department and our directors can have time to be able to provide the most accurate response as possible. De Weerd: Thank you. You took the words right out of my mouth. So, with that I would entertain a motion to adjourn. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move we adjourn our meeting. Little Roberts: Second. De Weerd: I have a motion and a second to adjourn. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. TWO ABSENT. MEETING ADJOURNED AT 10:23 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR TAMMY E WEERD DATE APPROVED / G0�Q�{tATtii, `J / ATTEST: �� 1 / C ih. of CHRI JOH S ITY CL RK IDIAN�w 'OAHO SEAL �IAV, IDINC DAHO CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 B Project File Name/Number: Alicia Court Subdivision H-2019-0065 Item Title: Final Order for Alicia Court Subdivision With Riley Planning Services. Located at 4036 E. Granger Ave. Meeting Notes: u✓ I TEM SHEET C ouncil Agenda I tem - 3.B . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F inal Order for Alicia C ourt Subdivision (H-2019-0065) by Riley P lanning Services. L ocated at 4036 E . G ranger Ave. AT TAC HM E NT S: Description Type Upload D ate O rder Findings/Orders 6/24/2019 E xhibit A E xhibit 6/24/2019 E xhibit B E xhibit 6/24/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 82 of 542 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (ALICIA COURT – FILE #H-2019-0065) Page 1 of 3 BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: JUNE 18, 2019 IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 6 BUILDING LOTS AND 6 COMMON LOTS ON 3.084 ACRES IN THE R-4 ZONING DISTRICT FOR ALICIA COURT. BY: URSENBACH DEVELOPMENT GROUP APPLICANT ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. H-2019-0065 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on June 18, 2019 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of “PLAT SHOWING ALICIA COURT SUBDIVISION, LOCATED IN THE SW ¼ OF THE NE ¼ OF SECTION 4, TOWNSHIP 3N., RANGE 1E., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2019, HANDWRITTEN DATE: 5/16/2019, by NATHAN J. DANG, PLS, SHEET 1 OF Meridian City Council Meeting Agenda July 9, 2019 – Page 83 of 542 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (ALICIA COURT – FILE #H-2019-0065) Page 2 of 3 3,” is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated June 18, 2019, a true and correct copy of which is attached hereto marked “Exhibit A” and by this reference incorporated herein, and the response letter from Penelope Constantikes, a true and correct copy of which is attached hereto marked “Exhibit B” and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City’s requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Meridian City Council Meeting Agenda July 9, 2019 – Page 84 of 542 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (2 8) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the `1" day of Ju , 2019. Q a eerd Mayor, City of e Attest: \;GORPORATFOgGGG Leis o isun 2 p city �� L Copy served upon the Applicant, Planning and Development Services Divisions of the Community Development Department and City Attorney. By; 0,0$Dated: -1'Q "19 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR (ALICIA COURT - FILE #H-2019-0065) Page 3 of 3 EXHIBIT A Page 1 HEARING DATE: 6/18/2019 TO: Mayor & City Council FROM: Stephanie Leonard, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0065 Alicia Court LOCATION: 4036 E. Granger Avenue, in the NE ¼ of Section 14, Township 3N., Range 1E. I. PROJECT DESCRIPTION Final plat consisting of six (6) building lots and six (6) common lots on 3.084 acres of land in an R-4 zoning district. II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 3.08 Future Land Use Designation MDR (Medium-Density Residential) Existing Land Use Single-family home Proposed Land Use(s) Single-family residences Lots (# and type; bldg/common) 6 building, 6 common Phasing plan (# of phases) Single Phase Number of Residential Units (type of units) 6 single-family units Density (gross & net) 1.94 du/acre gross density; 2.27 du/acre net density Open Space (acres, total [%] / buffer / qualified) None required Amenities None required History (previous approvals) Annexed into the city in 2003 as part of Redfeather Estates Subdivision No. 2 (AZ-03-021, DA Inst. No. 104129528; PP- 03-024; FP-06-041) STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda July 9, 2019 – Page 86 of 542 Page 2 III. APPLICANT INFORMATION A. Applicant: Ursenbach Development Group 12581 W. Lewis & Clark Drive Boise, Idaho 83713 B. Owner: Wood Family Trust 4036 E. Granger Avenue Meridian, Idaho 83646 C. Representative: Riley Planning Services P.O. Box 405 Boise, Idaho 83701 IV. STAFF ANALYSIS The proposed final plat is a re-subdivision of Lot 1, Block 16 in the Redfeather Estates Subdivision No. 2. The final plat depicts six (6) building lots, and six (6) common area lots on 3.08 acres of land in the R-4 zoning district. Development is required to comply with the dimensional standards of the R-4 zoning district listed in UDC Table 11-2A-5. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found there are the same number of building lots and four (4) additional common lots as were depicted on the preliminary plat. Because the number of building lots has stayed the same and the number of common lots has increased, Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat per the standards listed in UDC 11-6B-3C.2. The applicant is proposing to construct a common driveway within Lot 4 extending west from W. Alicia St. to access five (5) of the six (6) lots. The common driveway is large enough to accommodate a fire department turnaround and shall be constructed per UDC 11-6C-3D. The City Council granted a waiver to UDC 11-3A-3 to allow the existing home on Lot 7 direct access to E. Granger Avenue via an existing driveway. The applicant is proposing a pathway within a common lot (Lot 9), extending from E. Granger Avenue to the common driveway. The pathway will provide pedestrian connectivity and will act as an access drive for the City to perform maintenance of the utility mains within the proposed 30-foot utility easement. V. DECISION A. Staff: Staff recommends approval of the proposed final plat with the conditions of approval in Section VII of this report. Meridian City Council Meeting Agenda July 9, 2019 – Page 87 of 542 Page 3 VI. EXHIBITS A. Preliminary Plat (date: 5/2/2019) Meridian City Council Meeting Agenda July 9, 2019 – Page 88 of 542 Page 4 B. Final Plat (date: 5/16/2019) Meridian City Council Meeting Agenda July 9, 2019 – Page 89 of 542 Page 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 90 of 542 Page 6 C. Landscape Plan (date: 3/29/2019) Meridian City Council Meeting Agenda July 9, 2019 – Page 91 of 542 Page 7 VII. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development (AZ-03-021, DA Inst. No. 104129528; H-2018-0107). 2. The applicant shall obtain the City Engineer’s signature on the subject final plat within two years of the City Council approval of the preliminary plat (February 19, 2021), or apply for a time extension, in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Accurate Surveying and Mapping, stamped on May 16, 2019 by Nathan J. Dang, shall be revised as follows: a. Note #6: Revise note to include compliance with “Meridian City Unified Development Code”. b. Include the recorded City of Meridian utility easement instrument number. c. Include a note stating ownership and maintenance responsibilities for the common lots. d. Include a note with the recorded Development Agreement Instrument number (DA Inst. No. 104129528). e. Note #10: Revise note to omit Lot 1 and replace with Lot 7. f. An access easement for Lot 7, Block 1 across Lot 8, Block 1 (common lot adjacent to E. Granger Ave.) shall be depicted and recorded prior to signature on final plat. 5. The landscape plan prepared by Rodney Evans + Partners, dated 3/29/19 is approved as submitted. 6. A perpetual ingress-egress easement for the common driveway shall 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. A copy of the recorded easement shall be submitted to the Planning Division prior to signature on the final plat by the City Engineer. 7. For lots accessed by common driveways, an exhibit is required that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that are not taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. Prior to City Engineer’s signature on final plat, the applicant shall provide a common driveway exhibit for Lots 1, 2, 6, 11, and 12. 8. The existing structures (home and accessory structure) that are proposed to remain on Lot 7, Block 1 in the subdivision shall comply with the building setback requirements listed in UDC Table 11-2A-5. The garage will serve as an accessory structure to the future home and shall not be used as a residence. 9. The rear and/or sides of 2-story homes constructed on lots that abut E. Granger Avenue shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines Meridian City Council Meeting Agenda July 9, 2019 – Page 92 of 542 Page 8 that are visible from the adjacent public street. Single-story structures are exempt from this requirement. 10. Prior to issuance of any new building permits, the property shall be subdivided in accordance with UDC requirements. 11. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Sue Prescott, at 887-1620 for more information. 12. Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2A-5. 13. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. 14. Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 15. 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. 16. Comply with the sidewalk standards as set forth in UDC 11-3A-17. 17. Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-3B-5J. 18. The homeowner’s association shall have an ongoing obligation to maintain all pathways. B. Public Works Site Specific Conditions: 1. The design engineer for this project shall ensure that the design and construction of the utility corridor/pedestrian pathway is done in such a way that the multi-purpose needs are met, including the design loading to support the weight of the Public Works Departments wastewater cleaning equipment, as well as providing for a 28-foot inside turning radius, and a 48-foot outside turning radius of the driving surface. General Conditions: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. Meridian City Council Meeting Agenda July 9, 2019 – Page 93 of 542 Page 9 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water 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 applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. 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. 7. 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non- health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-1-4B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and Meridian City Council Meeting Agenda July 9, 2019 – Page 94 of 542 Page 10 approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. 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 signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. 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 Water Department at (208)888-5242 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 9-1-28.C.1). 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 development plan approval. 24. 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 addressed 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. Meridian City Council Meeting Agenda July 9, 2019 – Page 95 of 542 From:Penelope Riley To:Meridian City Clerk Cc:Bill Parsons; Bill Nary; Stephanie Leonard Subject:RE: Alicia Court FP Staff Report Date:Thursday, June 13, 2019 11:15:01 AM Attachments:image006.png Stephanie / City Clerk: As the applicant's representative for Alicia Court Subdivision, the project team concurs with the updated staff report and agree to being placed on the consent agenda for City Council. I will be present at the 4:30 meeting in the event there are any questions. Thank you! Penelope Constantikes Principal 270 N. 27th Street, STE 101 - Office P.O. Box 405, Boise 83701 - Mailing Address On Thu, 13 Jun 2019 16:39:02 +0000, Stephanie Leonard wrote: Good morning, Please find attached a revision to the staff report for the proposed final plat for Alicia Court H-2019- 0065. This item is scheduled to be on the City Council agenda on June 18, 2019. The hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions.   Penelope - Please submit a written response to the staff report to the City Clerk’s office (cityclerk@meridiancity.org) and me by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda for discussion. If you do not respond to the staff report by Thursday at 3:00 pm, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda.   Thanks, Stephanie Leonard | Associate City Planner Meridian City Council Meeting Agenda July 9, 2019 – Page 96 of 542 City of Meridian | Community Development Dept. 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-489-0574 | sleonard@meridiancity.org Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law. Meridian City Council Meeting Agenda July 9, 2019 – Page 97 of 542 EIDIANIDAHO 'S-- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 C Project File Name/Number: Gander Creek H-2019-0013 Item Title: Development Agreement for Gander Creek North and South With Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC and Kenneth P. Golbach and Melynda A. Maxwell (Owners) and Trilogy Development, Inc., (Developer) located at the Southwest Corner of N. McDermott Rd. and W. McMillan Rd. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.C. Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Gander Creek North & S outh (H-2019-0013) with Union Square, L L C /RWK Investments, L L C /Heartland Townhomes P roperty M anagement, L L C and K enneth P. Goldbach & M elynda A. M axwell (O WNE RS) and T rilogy Devleopment, Inc. (D E V E L O P E R) located at the S outhwest corner of N. M cDermott Rd. and W. M cM illan Rd. (Parcel#s: S0432110450; S 0432110100; S 0432110565; S0432141800; S 0432110500) D evelopment Agreement between the City of Meridian and Union Square, L L C/RW K I nvestments, L L C /Heartland Townhomes P roperty Management, L L C and K enneth P. G oldbach & Melynda A. Maxwell (O W NE R S ) and Trilogy Devleopment, I nc. (D E V E L O P E R) located at the Southwest corner of N. Mc Dermott Rd. and W. McMillan R d. (Parcel#s: S0432110450; S 0432110100; S0432110565; S 0432141800; S 0432110500) for Gander Creek North & S outh-H-2019-0013 AT TAC HM E NT S: Description Type Upload D ate Development A greement-Gander C reek A greements / C ontracts 7/3/2019 E xhibit A-Gander Creek E xhibit 7/3/2019 E xhibit B -Gander C reek E xhibit 7/3/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 98 of 542 ADA COUNTY RECORDER Phil McGrane 2019-060657 BOISE IDAHO Pgs=62 VICTORIA BAILEY 07/10/2019 12:03 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC, and Kenneth P. Goldbach & Melynda A. Maxwell, Owners 3. Trilogy Development, Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this DI'), day of uG , 2019, by and between City of Meridian, a municipal corporation of the State of I aho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Union Square, LLC/RWKInvestments, LLC/Heartland Townhomes Property Management, LLC, whose address is 9839 W. Cable Car St., Ste 101, Boise, ID 83709 and Kenneth P. Goldbach & Melynda A. Maxwell, whose address is 4455 N. McDermott Rd., Meridian, ID 83646, hereinafter called OWNERS and Trilogy Development, Inc., whose address is 9839 W. Cable Car St., Ste 101, Boise, ID 83709 hereinafter called DEVELOPER. I . RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for the annexation and zoning of 125.68 acres of land, described in Exhibit "A", to the R-8 (Medium Density Residential) zoning district, 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 and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before DEVELOPMENT AGREEMENT— GANDER CREEK NORTH & SOUTH (H-2019-0013) PAGE 1 OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 0 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 1 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 2 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 3 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 0 5 o f 5 4 2 addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: Union Square, L RWK Investmen Heartland Town By: ?ohs.A U- 5� Its: Kenneth P. Goldbach DEVELOPER: Trilogy Develol By: Its: t, LLC, Melynda A. Maxwell DEVELOPMENT AGREEMENT - GANDER CREEK NORTH & SOUTH (H-2019-0013) PAGE 8 OF 10 CITY OF MERIDIAN y Mayor Tammy de Weerd STATE OF Idaho . ss: County of Ada ATTEST: On this ?�W day of 3 u tq- , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared 14r, A L*vJA S" known or identified to me to be the mol -'Ag/ of Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC, and the person who signed above 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 ab `\`v1y�gMjp ,/ •�pVIDLQeR�/j/�� • PRYPUBei� •• .Notary Public for • �� v Residing at: Ruitk WY COM SIy Commission Expires: 9 /ail 9 OnRES 9-�2019 �i� ........ OF IDP •�� ss. STATE OF Idaho ) ���i/��.. "������ County of Ada ) On this a n day of u , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared Kenneth P. Goldbach known or identified to me to be the person who signed above and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ,q)0 Notary Public for Idaho � Residing at: M&I'i 4n .ld9X0 My Commission Expires: ED OEPOZ/1.4 ..4epVe . v� MY COMMISSION EXPIRES 12-18-2023 • O C+�•'rrq� OF AQP?' a'���� NUOe��\�� DEVELOPMENT AGREEMENT - GANV AP K' NORTH & SOUTH (H-2019-0013) PAGE 9 OF 10 STATE OF Idaho ss: County of Ada ) On this _),n/%day of 14 , 2019, before me, the undersigned, a Notary Public in and for said State, personally appeared kelynda A. Maxwell known or identified to me to be the person who signed above and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ���HN111tl1q/� s •; �ot� ��• '� Notary Public for Idaho B J c % Residing at: m -*f -,271//g" _ MY COMMISSION _My Commission Expires: s : EXPIRES 12-18.2023 STATE OF Idaho ss: OF County of Ada) � iMg� On this W day of 2019, before me, the undersigned, a Notary Public in and for said State personally appeared :jA Pt Lark SY' known or identified to me to be the of Trilogy Development, and the person who signed above 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 R •�o��Y PUe��� Notary Public for L 4 $ ` = Residing at: go 1 t Z ►? MY COMMISSION = My Commission Expires: glG laolq z • EXPIRES 9.2019 • STATE OF IDAHO ) %���Tq�0F10Pt'�o1�0�`•. ss /���70NNtJi�tO���\N County of Ada ) On this (1*1 day of O UIQ 2019, before me, a Notary Public, personally appeared Tammy de Weerd art� Chris Johnson, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ChOLA" L Notary Public for Idaho CHARLENE WAY Residing at: ` T1'QlLA4A2M) , COMMISSION #67390 Commission expires: 3 - 21$-a O lla NOTARY PUBLIC vELOPMESTAMERMDA�iANDER C EEK NORTH & SOUTH (H-2019-0013) PAGE 10 OF 10 f�1AY COMMISSION EXPIRES 3/28/22 EXHIBIT A Gander Creek H-2019-0013 Page 1 Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda July 9, 2019 – Page 109 of 542 Page 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 110 of 542 Page 3 Meridian City Council Meeting Agenda July 9, 2019 – Page 111 of 542 Page 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 112 of 542 Page 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 113 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 125.68 acres of Land with an R-8 Zoning District; Preliminary Plat Consisting of 156 Building Lots and 29 Common Lots on 51.46 Acres of Land in the R-8 Zoning District for Gander Creek North Subdivision; and Preliminary Plat Consisting of 245 Building Lots and 36 Common Lots on 65.64 Acres of Land in the R-8 Zoning District for Gander Creek South Subdivision, by Trilogy Development, Inc. Case No(s). H-2019-0013 For the City Council Hearing Date of: May 28, 2019 (Findings on June 18, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 28, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 28, 2019, 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 Meridian City Council Meeting Agenda June 18, 2019 – Page 82 of 186 EXHIBIT B Meridian City Council Meeting Agenda July 9, 2019 – Page 114 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 2 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 28, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation and zoning is hereby approved with the requirement of a Development Agreement; and the request for two (2) preliminary plat applications are hereby approved per the provisions in the Staff Report for the hearing date of May 28, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in Meridian City Council Meeting Agenda June 18, 2019 – Page 83 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 115 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 - 3 - accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 28, 2019 Meridian City Council Meeting Agenda June 18, 2019 – Page 84 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 116 of 542 By action of the City Council at its regular meeting held on the ' day of 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED A COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MII AM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Tammy de Weer Attest: ot'tEDAUVVJ . C11I1J JO IDAHO Interim Clerk s SEAL y Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: U I Dated:--(O- City ated:(O- City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0013 /'`1,., pew kcx, - 4 - Meridian City Council Meeting Agenda July 9, 2019 – Page 117 of 542 EXHIBIT A Page 1 HEARING DATE: May 28, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0013 Gander Creek North & South LOCATION: Southwest corner of N. McDermott Rd. and W. McMillan Rd., in the NE ¼ of Section 32, T.4N., R.1W. Parcel No’s.: S0432110450; S0432110100; S0432110565; S0432141800; S0432110500) NOTE: This development application was submitted and went to the Planning & Zoning Commission under one preliminary plat application. During Staff’s review of the application for the staff report it was noted that the subject property is bisected by the Five Mile Creek which is owned by the Nampa & Meridian Irrigation District and not the adjacent land owner as is typical. Because the Irrigation District does not wish for their land to be part of the subdivision, the subject property is required to be included in two (2) separate preliminary plats. Since the Commission hearing, the Applicant has submitted an updated application and plans to bifurcate the proposed subdivision as required. Staff has updated the staff report accordingly. The number and configuration of building lots and common lots have not changed. I. PROJECT DESCRIPTION Annexation and zoning of 125.68 acres of land with an R-8 zoning district; and two (2) preliminary plats consisting of a total of 401 building lots, and 55 65 common lots and 5 other lots on 117.10 acres of land in the R-8 zoning district for Gander Creek Subdivision. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda June 18, 2019 – Page 86 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 118 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Community Metrics Description Details Page Acreage 117.10 Future Land Use Designation MDR (3 to 8 units/acre) Existing Land Use Rural residential/agricultural Proposed Land Use(s) SFR Current Zoning RUT in Ada County Proposed Zoning R-8 Lots (# and type; bldg/common) 401 building/55 common/5 other lots Phasing plan (# of phases) 9 phases Number of Residential Units (type of units) 401 SFR units (detached) Density (gross & net) 3.42 gross/4.15 net Open Space (acres, total [%] / buffer / qualified) 12.55 acres (13%) Amenities 10’ wide multi-use pathway, internal pathways, a swimming pool, (2) children’s play structures, (2) picnic shelters, ½ basketball court Physical Features (waterways, hazards, flood plain, hillside) The Five Mile Creek bisects the northern & southern portions of this development and is owned by the Irrigation District Neighborhood meeting date; # of attendees: December 17, 2018; 5 attendees History (previous approvals) In 2015, an application for annexation & zoning and preliminary plat was denied on the northern portion of this site due to Council’s Finding that it was not in the best interest of the City to annex the property at that time. Copperbrook Sub. H-2015-0029) Description Details Page Ada County Highway District Staff report yes/no) Yes Requires ACHD Commission Action (yes/no) No Fire Service Distance to Fire Station 4 miles Fire Response Time 7:00 minutes under ideal conditions Resource Reliability 77% from Fire Station #5 – does not meet the targeted goal of 85% or greater Risk Identification 2 – Current resources would not be adequate to supply service to this project see comments in Section VII.C Accessibility Project meets all required access, road widths and turnarounds; project will be limited to 30 building lots until secondary access is available Meridian City Council Meeting Agenda June 18, 2019 – Page 87 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 119 of 542 Page 3 Special/resource needs An aerial device is not required Water Supply Requires 1,000 gallons per minute for 2 hours Other Resources NA Police Service Distance to Police Station 8.5 miles Police Response Time 5-7 minutes Calls for Service NA (site is currently in Ada County) Accessibility No issues with the proposed access Specialty/resource needs No additional resources are needed at this time; the PD already services the area to the east Wastewater Distance to Sewer Services 340 Ft. Sewer Shed North McDermott Trunkshed Estimated Project Sewer ERU’s See application information WRRF Declining Balance 13.59 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 Water Distance to Water Services 500 Ft. Pressure Zone 1 Estimated Project Water ERU’s See application information Water Quality This development will require significant off-site utility improvements to connect to existing water system mainlines. In the early phases of this development, water demand will be low, and resident time of water in the system may be several days. This will make it difficult to maintain residual chlorine levels. This problem will decrease as homes are built and demand increases. This can also be mitigated by requiring looping of the water mains to allow water to move through the development to areas of higher demand, and by system flushing. Project Consistent with Water Master Plan Yes Impacts/Concerns Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. Meridian City Council Meeting Agenda June 18, 2019 – Page 88 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 120 of 542 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Trilogy Development, Inc. – 9839 W. Cable Car St. #101, Boise, ID 83709 B. Owner: Union Square, LLC/RWK Investments, LLC/Heartland Townhomes Property Management, LLC – 9839 W. Cable Car St., Ste. 101 Boise, ID 83709 Kenneth P. Goldbach & Melynda A. Maxwell – 4455 N. McDermott Rd., Meridian, ID 83646 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda June 18, 2019 – Page 89 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 121 of 542 Page 5 C. Representative: Bob Taunton, Taunton Group, LLC – 2724 S. Palmatier Way, Boise, ID 83716 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 3/15/2019 5/10/2019 Radius notification mailed to properties within 300 feet 3/12/2019 5/7/2019 Public hearing notice sign posted on site 3/21/2019 5/17/2019 Nextdoor posting 3/12/2019 5/7/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 125.68 acres of land with an R-8 zoning district for the development of 401 single-family detached residential homes. Comprehensive Plan (https://www.meridiancity.org/compplan): The Future Land Use Map (FLUM) designation for this property is Medium Density Residential (MDR). The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential detached homes at a gross density of 4.15 units/acre (or 3.42 units/acre including the future right- of-way easement for SH-16 and the land reserved for a fire station and service center) are proposed to develop on this site consistent with the MDR designation. Transportation: The Master Street Map (MSM) depicts a planned north/south residential collector street along the western boundary of this site at the half mile between N. McDermott & N. Star Rd. as proposed on the plat consistent with the MSM. Note: With approval of the school site to the south (i.e. Owyhee High School and future elementary school), the Developer committed to construct the collector street from McMillan Rd. to the north boundary of the school site (i.e. the subject property’s south boundary) to be substatially complete prior to issuance of the Certificate of Occupancy for the High School anticipated to open in the Fall of 2021. This access is needed in order to provide the school with two (2) points of public street access as required by the Fire and Police Departments. The Applicant and West Ada School District plan to enter into a binding agreement for such improvements upon annexation of the subject property. State Highway 16 is planned to extend in the future from W. Chinden Blvd. to the south to I-84 across the eastern portion of this site within a 300’ wide easement west of N. McDermott Rd. An overpass is conceptually planned on W. McMillan Rd. over the future SH-16. The future right-of-way and slope easements needed for these improvements are depicted on the plat included in Section VII.B although the design of these improvements are still in process and are not yet finalized. ITD has programmed funding for preliminary engineering and right-of-way acquisition on SH-16 between I-84 and SH-20/26/Chinden Blvd. (FY2019-2023 Regional Transportation Improvement Program Key Number 208158); however, construction is unfunded. Proposed Use Analysis: Single-family detached dwellings are listed in UDC Table 11-2A-2 as a principal permitted use in the R-8 zoning district. Meridian City Council Meeting Agenda June 18, 2019 – Page 90 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 122 of 542 Page 6 Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) Only one housing type, single-family detached homes, is proposed within this development; however, there are a mix of 5 different lot sizes proposed (i.e. 38’ wide rear load, 40’, 50’, 60’ and 70’+); Staff is unaware if the homes will be owner occupied or rental units. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development is not currently in close proximity to any employment or shopping centers; however, a large medical campus including medical offices, a hospital, surgical center and emergency room, and other office uses are planned a mile to the north near the SH-16/Chinden intersection. The proposed development will provide housing options for this area and the adjacent mixed use designated land. Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The proposed plat depicts a north/south collector street along the west boundary of this site consistent with the MSM. Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.E that complies with the minimum UDC standards listed in UDC 11-3G-3. 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) The proposed development is contiguous to the City and urban services can be provided to this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Only one access is proposed via W. McMillan Rd., an arterial street; two accesses are proposed via the collector street; Staff is of the opinon the proposed accesses are appropriate for this development. Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” 3.03.04H) VRT’s long-term plan (ValleyConnect 2.0) does not include any service in this area. 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) Pedestrian pathways are depicted on the landscape plan throughout the development. A segment of the City’s multi-use pathway system is planned along the Five Mile Creek which bisects this site (east/west) that will assist in providing connectivity between developments and to the school site to the south. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD to plan for the future extension of SH-16 across the eastern portion of this site. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) Pedestrian walkways are proposed internally throughout the development and a segement of the City’s multi-use pathway system is proposed off-street along the Five Mile Creek. Meridian City Council Meeting Agenda June 18, 2019 – Page 91 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 123 of 542 Page 7 Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 zoning district and proposed development and density is generally consistent with the MDR FLUM designation for this site. The proposed annexation area is contiguous to City annexed property to the south and east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. 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 Section VIII. Although the proposed annexation area is contiguous to City annexed property, it is located at the far west periphery of the City; annexation of this property would further the sprawl in this area. A previous development (i.e. Copperbrook Subdivision) was denied on this site in 2015 based on Council’s decision that it was not in the best interest of the City to annex the property at that time based on comments from the public hearings. Reasons for denial discussed at the hearing were that they wanted the City to develop from the inside out, rather than the outside in; and concern that stretching City services out west of McDermott would take away services to existing residents and open up another square mile for development. Since that time, the property directly to the south was annexed for the development of a high school. A lot for a fire station is proposed with this development which would assist is providing services for this development as well as the surrounding area. For this reason and because the City Council approved the annexation of the school property to the south, staff is supportive of the proposed annexation. B. PRELIMINARY PLAT The proposed preliminary plat for Gander Creek North consists of 401 156 building lots, 55 and 29 common lots on 51.46 acres of land in the R-8 zoning district; and the proposed preliminary plat for Gander Creek South consists of 245 building lots and 5 36 common lots on 65.64 other lots consisting of (4) lots reserved for ITD for future right-of-way (ROW) for the construction of SH-16 and (1) lot reserved for the City for construction of a future fire station and service center on 117.10 acres of land in the R-8 zoning district. The minimum lot size for the development is 4,000 square feet (s.f.) with an average lot size of 6,002 s.f. Five 5) different sizes of lots are proposed (i.e. 4K, 5K, 6K, 7K, and 8K square feet) for the development of traditional front-loaded lots and rear-loaded alley lots. A lot size rendering is included in Section VII.D that demonstrates the variety of lots proposed within the development. Note: It came to the attention of Staff after scheduling this application for hearing that NMID actually owns the land on which the the Five Mile Creek is located that bisects this property instead of only having an easement which is typical. Prior to the City Council hearing, the Applicant should revise the preliminary plat and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). Phasing Plan: The subdivision is proposed to develop in 9 phases as shown on the phasing plan in Section VII.B. The first phase is in the northern portion of the development and will include a 2.11 acre park with a playground, picnic shelter and pathway at the entry of the development off McMillan Rd. The second phase is in the southern portion of the development and includes a 2.73 acre park with a playground, picnic shelter and pathways off N. McCrosson Ave. Because Gander Creek North and South will be developed as one project, Staff recommends a provision is included in the DA that allows the project to develop under one phasing plan as shown in Exhibit B in Section VIII. Outparcel: There is a 0.43 of an acre out-parcel that contains a residence at the northeast boundary of the site. Staff has verified it is an “original parcel of record” as defined by UDC 11-1A-1. As such, it’s not required to be included in the proposed subdivision but will create an enclave. The Applicant stated in their narrative that they have spoken to the property owners and they declined to sell their property or be included in the subject Meridian City Council Meeting Agenda June 18, 2019 – Page 92 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 124 of 542 Page 8 annexation and preliminary plat application; they also do not wish to have a sidewalk on their property along McMillan Rd. Existing Structures: There are four existing homes and accessory structures on this site. The two existing homes on Parcel S0432110100 and #S0432110500 within the future ROW area for SH-16 are now owned by the Developer and are being leased back to the previous owners until such time as right-of-way acquisition occurs for SH-16 and/or the construction of SH-16 commences; the other two existing homes outside of the ROW will be removed with development. These homes should not be expanded or enlarged. Existing homes that are proposed to remain are required to hook up to city water and sewer service within sixty 60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4-8. The Applicant requests a waiver of this requirement as ITDright-of-way acquisition is about to commence and the homes will either be removed upon acquisition of ROW or with construction of SH-16. Existing Easements: There is an existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the plat that should be relinquished and/or vacated (as applicable) prior to signature on the final plat for the phase in which they are located. The Applicant should submit copies of easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. Fire Station: A 3.84 acre lot is designated at the southwest corner of the site for a City fire station and equipment service facility. The transfer to the Fire Dept. will be a combination donation and purchase transaction to take place at the time of recording the final plat that includes the lot. A condtional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. Dimensional Standards (UDC 11-2) The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district. Lots 15 and 16, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30- foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a chord measurement. Subdivision Design & Improvement Standards (11-6C-3): Compliance with the subdivision design and improvement standards listed in UDC 11-6C-3 is required, which includes streets (including alleys), easements and block face. The proposed plat appears to be in compliance with these standards except for a couple of blocks that exceed the maximum length of 750’ without an intersecting street or alley as follows: The face of Block 2 that fronts on W. Mill Creek Dr. and abuts the south side of the Five Mile Creek (790’+/-); and, The face of Block 2 and Block 7 that fronts on W. Redwood Creek Dr. that abuts the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively). The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the case in all three of these cases. Staff recommends Council approval the block face of these 3 blocks as proposed. Meridian City Council Meeting Agenda June 18, 2019 – Page 93 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 125 of 542 Page 9 North Arroyo Creek Ave. and N. Carmel Creek Ave. on the northern portion of the site are proposed as 28’ public streets, which require sidewalks to be provided on each side of the street per UDC 11-3A-17. If sidewalks aren’t desired, these streets should be constructed as alleys; signage should be provided at each end of the alleys for addressing purposes. Access (UDC 11-3A-3, 11-3H-4): One (1) full access is proposed via W. McMillan Rd., an arterial street, at the project’s north boundary and two 2) full accesses are proposed via N. McCrosson Ave., the proposed collector street, at the project’s west boundary. A secondary emergency access is proposed following the sewer alignment from McDermott Rd. and the future W. Deer Creek Dr. Direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and should have direct access via N. McCrosson Ave. A crossing is proposed over the Five Mile Creek at the ¼ mile between N. McDermott Rd. and N. McCrosson Ave. A stub street, N. Glassford Way, is proposed to the south for future extension and interconnectivity with the school site (Owyhee High School). Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached dwellings based on the number of bedrooms per unit [i.e. 1-bedroom requires 2 per unit with at least 1 in an enclosed garage, other space may be enclosed or a minimum 10’ x 20’ parking pad; 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in an enclosed garage, other spaces may be enclosed or a minimum 10’ x 20’ parking pad(s); and 5+ bedroom units require 6 spaces per unit with at least 3 in an enclosed garage, other spaces may be enclose d or a minimum 10’ x 20’ parking pad as set forth in UDC Table 11-3C-6]. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) per the standards listed in UDC 11-3B-12C. Internal pedestrian walkways are proposed throughout the development linking the neighborhood to the common areas and amenities. A 10-foot wide segment of the City’s multi-use pathway is proposed along the west boundary of the site within the street buffer along N. McCrosson Ave. from the south boundary of the site to the north boundary of the Five Mile, continuing to the east along the north side of the creek to N. Glassford Ave. and then to the north through the site to McMillan Rd. for access to the future overpass over SH-16. The Park’s Dept. recommends the pathway continues from Glassford to the east boundary of the site consistent with the Pathways Master Plan. Prior to submittal of the final plat for City Engineer signature, a public access easement should be submitted for the multi-use pathway; coordinate the details with Kim Warren, Park’s Department (208-888-3579). No landscaping is depicted adjacent to the multi-use pathway along the creek; minimum 5-foot wide landscape strips are required to be provided along each side of the pathway landscaped per the standards listed in UDC 11-3B-12C – if NMID will not allow any or all of the landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and associated landscaping as needed. Sidewalks (UDC 11-3A-17): Sidewalks are required within the development in accord with the standards listed in UDC 11-3A-17. The proposed plan depicts sidewalks in accord with UDC standards, except for along N. McDermott Rd. where a minimum 5-foot wide detached sidewalk is required; the plans should be revised accordingly. Although the sidewalk will eventually be torn out when SH-16 is extended, it will likely be many years before this occurs as the project is currently unfunded and right-of-way has not yet been acquired for the extension. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A-17E and 11- 3B-7C. Meridian City Council Meeting Agenda June 18, 2019 – Page 94 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 126 of 542 Page 10 Six-foot wide parkways are proposed on the portion of the development north of the Five Mile Creek; root barriers that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade are required. Trees within the parkway are restricted to Class II trees. If 8-foot wide parkways are provided, root barriers are not required. Landscaping (UDC 11-3B): Street buffers are required to be provided as set forth in UDC Table 11-2A-6 for the R-8 district and landscaped per the standards listed in UDC 11-3B-7C. A 25-foot wide buffer is required along W. McMillan, an arterial street; a 20-foot wide buffer is required along N. McCrosson Ave., a collector street; and a 35-foot wide buffer is required adjacent to N. McDermott Rd./ future SH-16, an entryway corridor as proposed. The street buffer landscaping depicted on the landscape plan in Section VII.C far exceeds UDC standards. Note: Because the ultimate plan is for a state highway to be constructed along the project’s east boundary and an appropriate street buffer is proposed for the highway, staff does not recommend an additional buffer is required along McDermott Rd. as it would just need to be removed when the highway is constructed. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 9.65 acres) of the overall developed site is required to be provided for qualified open space based on 96.54 acres (excluding the ITD easement for SH-16 and the 3.84 acre parcel reserved for the City to construct a future fire station and service center) per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted for the north and south portions of the development as shown in Section VII.E that depicts 6.23 acres (or 12.11%) of qualified open space in the north portion and 14.01 6.89 acres (or 12 10.5%) of qualified open space for the south portion.; however, Staff has determined based on the qualifications for open space in accord with the standards listed in UDC 11-3G-3B, some of the areas counted do not qualify while others that do qualify aren’t counted. Staff has requested the Applicant revise the exhibit accordingly but has not yet received a revised plan in order to determine consistency with UDC standards, although it appears adequate qualified open space is proposed. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. Qualified Site Amenities (UDC 11-3G): A minimum of five (5) qualified site amenities are required to be provided for the development based on 117.10 acres of land per the standards listed in UDC 11-3G-3C. Amenities are proposed as follows: a swimming pool with a playground, picnic shelter and ½ basketball court in the 2.11 acre park at the entry to the development from McMillan Rd. in the northern portion of the development; another playground and picnic shelter in the 2.64 acre park at the entry of the development from McCrosson Ave. in the southern portion of the development; a picnic shelter in the 0.97 acre park also in the southern portion of the development; a long segment of the City’s multi-use pathway system along the west boundary of the southern portion of the development running along the north side of the Five Mile Creek to N. Glassford Way and north to McMillan Rd.; and many internal pedestrian pathways in excess of UDC standards. Waterways (UDC 11-3A-6): All ditches, laterals, canals or drainage courses lying on the subject property are required to be piped or otherwise covered unless improved as a water amenity or linear open space in which case they may remain open as set forth in UDC 11-3A-6. The Five Mile Creek is located off-site between the north and south portions of this development on land owned by NMID; the Irrigation District’s easement is a minimum of 100 feet (50 feet from centerline each direction). The creek should be protected during construction as set forth in UDC 11-3A-6B.1. Meridian City Council Meeting Agenda June 18, 2019 – Page 95 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 127 of 542 Page 11 The Noble Lateral is piped and runs along the east boundary of the site within a 30-foot wide easement. The McFadden Drain (shown on City maps as the Five Mile Creek) runs along the south boundary of this site on the adjacent property within an 85-foot wide easement (50’ left and 35’ right facing downstream). All irrigation easements for the Five Mile Creek, McFadden Drain and/or other facilities that encroach on this site should be depicted on the plat. If the easement is wider than 10 feet it’s required to be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. Any encroachments within NMID’s easements will require a License Agreement. Floodplain: Many of the building lots adjacent to the Five Mile creek lie within the floodplain (i.e. FEMA Flood Zone A). A floodplain development permit is required to be obtained from the City Public Work’s Department prior to development occurring within the floodplain. Fencing (UDC 11-3A-6, 11-3A-7, 11-3H-4D): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A-6, 11-3A-7 and 11-3H-4D. Fencing is proposed on the landscape plan as follows: 5-foot tall wrought iron fencing is proposed along the rear of building lots adjacent to the Five Mile Creek and the McFadden Drain; 4-foot tall vinyl fencing is proposed adjacent to internal common areas not visible from a public street and pathways; and a 6-foot tall vinyl fence is proposed along the perimeter of the development and adjacent to common areas that are visible from a public street. A 4-foot tall berm with a 6-foot tall concrete wall on top is proposed along the east boundary of the site adjacent to N. McDermott Rd./future SH-16 as noise abatement for residential properties from the future state highway as required by UDC 11-3H-4D (see exhibit in Section VII.C). An exhibit should be submitted with the final plat applications for Phases 5 and 9 (i.e. the phases containing lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 to ensure the top of the berm/wall combination is a minimum of 10 feet higher than the elevation at the centerline of the state highway as required. A 6-foot tall vinyl fence is proposed along the rear of building lots abutting the street buffer along future SH-16 which will create a 15-foot wide corridor hidden between two fences/walls that may create CPTED (Crime Prevention through Environmental Design) safety issues and possibly maintenance issues for landscaping between the two fences. Staff recommends the 6-foot tall closed vision fence is removed and a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. Staff recommends fencing (chain-link or wrought iron) is constructed on the south side of the multi-use pathway along the Five Mile Creek for public safety that complies with the standards listed in UDC 11- 3A-6C. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Meridian City Council Meeting Agenda June 18, 2019 – Page 96 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 128 of 542 Page 12 Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Contours should be depicted on the plat for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C [i.e. slopes are required to be less than or equal to three to one (3:1) horizontal:vertical) for accessibility and maintenance]. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed single-family detached structures as shown in Section VII.G. A variety of 1- and 2-story homes are proposed with a combination of front and rear entry garages in an assortment of building materials. Because the rear and/or sides of 2-story structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, will be highly visible, Staff recommends they incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop- outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single- story structures are exempt from this requirement VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on April 4 and 18, 2019. At the public hearing on April 18th, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Bob Taunton, Taunton Group; David Bailey, Bailey Engineering; Kevin Amar, Biltmore Company; Sonia Daleiden, Kittleson and Associates b. In opposition: None c. Commenting: Joe Yochum, West Ada School District; David McKinney d. Written testimony: Shawn Brownlee e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Mark Niemeyer, Fire Chief; Bill Parsons 2. Key issue(s) of public testimony: a. Adequacy of proposed berm and wall as a buffer along the east boundary of the subdivision adjacent to future SH-16 – belief that additional buffering should be required; b. Provision of additional pathways and wider sidewalks to accommodate both bicyclists and pedestrians – in favor of extension of the multi-use pathway along the north side of the creek to McDermott Rd. for connection with the pathway in the Oaks Subdivision to the east – would like to see more of a direct pedestrian connection from internal pathways along Glassford to the school site to the south through Block 4. 3. Key issue(s) of discussion by Commission: a. The extension of the multi-use pathway along the Five Mile Creek east of N. Glassford Way to McDermott Rd.; Meridian City Council Meeting Agenda June 18, 2019 – Page 97 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 129 of 542 Page 13 b. The ability of the Fire Dept. to adequately service the proposed development within desired response times until construction of another fire station occurs; c. In favor of the mix of lot sizes proposed; d. Concern pertaining to adequacy of parking for the swimming pool 4. Commission change(s) to Staff recommendation: a. Modification to conditions #A.1b and #A.1c in Section VIII in regard to the timing for construction of N. McCrosson Ave. and the pedestrian walkways along the entire frontage of the site along McCrosson Ave. and McMillan Rd. from the first phase of development to the earlier part of the second phase or at the time of substantial completion of the high school consistent with the WASD’s construction timeline for the high school with submittal of a letter of intent to that effect from WASD. b. The Commission was supportive of the Applicant’s request for Council approval of a waiver to hook up to City water and sewer services for the home(s) located within the future SH-16 right-of-way. c. Add a micro-path connection through Block 4 in the southern portion of the development for a more direct pedestrian connection to the school site to the south reflected on the revised plans); d. Add a requirement for the provision of a minimum of 6 parking spaces at the swimming pool area (see condition #A.1l in Section VIII); e. Recommendation for the Applicant to work with the Park’s Dept. to determine multi-use pathway requirements consistent with the Pathways Master Plan, specifically along the creek; (The Park’s Dept. amended their conditions to not require a pathway along the north side of the creek east of Glassford Way to McDermott Rd – deleted condition A.3g in Section VIII.) f. Allowance for the sidewalk along N. McDermott Rd. to be constructed with the last phase of development (see condition #A.2i in Section VIII); g. Modify the sound attenuation wall along the east boundary adjacent to future SH-16 to reflect a 12-foot tall berm (see condition #A.3j). 5. Outstanding issue(s) for City Council: a. The plan for McMillan Rd.crossing SH-16 may shift from an overpass to SH-16 going over McMillan Rd. This scenario would likely result in a lesser amount of right-of-way needed along McMillan Rd. which might enable the out-parcel to possibly redevelop in the future with buildable lots. In this scenario an access to a local street should be provided with this development to that parcel as set forth in UDC 11-3A-3; this could be accomplished by the provision of a common driveway through Lot 36, Block 9. C. The Meridian City Council heard these items on May 28, 2019. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Bob Taunton, Taunton Group; Sonia Daleiden, Kittleson and Associates; Kevin Amar, Biltmore Company b. In opposition: None c. Commenting: Joe Yochum, West Ada School District; Denise LaFever d. Written testimony: Bob Taunton, Taunton Group e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno 2. Key issue(s) of public testimony: a. Appreciation of the joint effort with the school district for the extension of the mid-mile collector street for the high school. 3. Key issue(s) of discussion by City Council: Meridian City Council Meeting Agenda June 18, 2019 – Page 98 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 130 of 542 Page 14 a. The provision of a sidewalk along the entire frontage of the site on McMillan Rd. and McCrosson Ave. with the first phase of development; b. The height of the berm and/or berm/wall combination for noise abatement along the future SH-16; c. Potential enrollment impacts on area schools from the proposed development. 4. City Council change(s) to Commission recommendation: a. Change condition #A.1c in Section VIII to reflect construction ofhte sidewalk along McMillan Rd. and McCrosson Ave. with the first phase of development as agreed upon by the Applicant; b. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require the existing home on Parcel #S0432110100 to hook up to City water and sewer services (see condition #A.1g in Section VIII). c. Modify condition #A.1h to remove the existing home on Parcel #S0432110500 from the requirement/waiver to hook up to City water and sewer services; d. Modify conditions #A.1i and #A.3j to require a 6-foot tall berm with a 6-foot tall wall on top of the berm for noise abatement along the east boundary of the subidivisons adjacent to future SH-16; e. Modification to #A.2h change the street name from W. Mill Creek Dr. to W. Plateau Creek St. and note that City Council approved a waiver to UDC 11-6C-3F to exceed the maximum block length in the areas noted; f. Modify condition #A.3b to reflect a 12-foot tall berm/wall instead of a 6-foot tall berm/wall; and, g. Include a requirement for local street access to be provided to the out-parcel along McMillan Rd. in Gander Creek North in accord with UDC 11-3A-3 (see condition A.2k in Section VIII). The Applicant requested clarification from City Council at the hearing on June 11, 2019 in regard to DA provisions #A.1c pertaining to the timing of construction of the pedestrian walkways along the frontage of the site along McCrosson Ave. and McMillan Rd; and #A.3b pertaining to where the height of the berm/wall along future SH-16 will be measured from. In regard to provision #A.1c the Council clarified the timing for construction of the walkways should take place with the earlier part of the 2nd phase of development or at the time of substantial completion of the high school, consistent with WASD’s construction timeline for the high school; and in regard to provision #A.3b, Council determined the provision should stay the same with the allowance for the Applicant to request Alternative Compliance as allowed by UDC 11- 3H-4D.4 if needed. Meridian City Council Meeting Agenda June 18, 2019 – Page 99 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 131 of 542 Page 15 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda June 18, 2019 – Page 100 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 132 of 542 Page 16 Meridian City Council Meeting Agenda June 18, 2019 – Page 101 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 133 of 542 Page 17 Meridian City Council Meeting Agenda June 18, 2019 – Page 102 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 134 of 542 Page 18 Meridian City Council Meeting Agenda June 18, 2019 – Page 103 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 135 of 542 Page 19 Meridian City Council Meeting Agenda June 18, 2019 – Page 104 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 136 of 542 Page 20 B. Preliminary Plats (date: 2/12/2019 05/13/2019) & Phasing Plan (dated: 5/21/2019) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 105 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 137 of 542 Page 21 Meridian City Council Meeting Agenda June 18, 2019 – Page 106 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 138 of 542 Page 22 Meridian City Council Meeting Agenda June 18, 2019 – Page 107 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 139 of 542 Page 23 Meridian City Council Meeting Agenda June 18, 2019 – Page 108 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 140 of 542 Page 24 C. Landscape Plan (date: 2/14/2019 5/10/2019) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 109 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 141 of 542 Page 25 Meridian City Council Meeting Agenda June 18, 2019 – Page 110 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 142 of 542 Page 26 Meridian City Council Meeting Agenda June 18, 2019 – Page 111 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 143 of 542 Page 27 Meridian City Council Meeting Agenda June 18, 2019 – Page 112 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 144 of 542 Page 28 Meridian City Council Meeting Agenda June 18, 2019 – Page 113 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 145 of 542 Page 29 D. Lot Size Rendering (dated: 2/14/19) - REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 114 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 146 of 542 Page 30 E. Qualified Open Space Exhibit (dated: 2/12/19 5/13/19) REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 115 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 147 of 542 Page 31 F. Parks and Pathways - REVISED Meridian City Council Meeting Agenda June 18, 2019 – Page 116 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 148 of 542 Page 32 G. Conceptual Building Elevations/Perspectives (dated: 1/10/19) Tresidio: Meridian City Council Meeting Agenda June 18, 2019 – Page 117 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 149 of 542 Page 33 Biltmore Elevations: Meridian City Council Meeting Agenda June 18, 2019 – Page 118 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 150 of 542 Page 34 Meridian City Council Meeting Agenda June 18, 2019 – Page 119 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 151 of 542 Page 35 VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, the Applicant shall revise the preliminary plat (and associated plans and documents) to break the plat into two (2) separate preliminary plats north and south of the Five Mile Creek, obtain approval of new subdivision names from the Ada County Surveyor’s office, and submit additional application fees ($2,264). Done A revised qualified open space exhibit shall also be submitted prior to the City Council hearing that complies with the standards listed in UDC 11-3G-3B. A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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 Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the preliminary plats and phasing plan, landscape plans and conceptual building elevations included in Section VII and the provisions contained in the staff report. The two (2) preliminary plats shall be allowed to develop as one project in accord with the phasing plan for the overall development. b. The Developer shall construct a mid-mile collector street (N. McCrosson Ave.) from W. McMillan Rd. to the north boundary of the school property to the south (approximately 1,970’+/-) with the first earlier part of the second phase of development or at the time of substantial completion of the high school, consistent with the West Ada School District’s construction timeline for the high school. The Developer shall submit a letter of intent from the school district outlining their timeline for construction of the high school with submittal of the first final plat application. c. The Developer shall construct pedestrian walkways along the entire frontage of the site adjacent to N. McCrosson Ave. and W. McMillan Rd. with the first earlier part of the second phase of development or at the time of substantial completion of the high school, consistent with West Ada School District’s construction timeline for the high school, for safe access to the school site to the south for children walking to school. d. The Developer shall continue to coordinate with the Idaho Transportation Department as development occurs to ensure adequate area is provided for the future construction of SH-16, the overpass on McMillan Rd. over future SH-16, and other associated improvements. e. A 10-foot wide multi-use pathway shall be constructed on this site as required by the Park’s Department in accord with the Pathways Master Plan with landscaping along either side of the pathway as set forth in UDC 11-3B-12C. f. The Five Mile creek, which lies on land owned by Nampa & Meridian Irrigation District between the north and south portions of this development, shall be protected during construction. g. City Council approved a waiver to MCC 9-4-1 and 9-4-8 to not require Tthe existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall to hook up to city water and sewer service within sixty (60) days after date of official notice from the City to do so; provided, that such services are within three hundred feet (300’) of any property line of the building to be served as set forth in MCC 9-1-4 and 9-4- 8 unless otherwise waived by City Council. At such time, as municipal services are provided, the Meridian City Council Meeting Agenda June 18, 2019 – Page 120 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 152 of 542 Page 36 property shall be disconnected from private systems. The Applicant is requesting a waiver of this requirement as ITD right-of-way acquisition is about to commence. h. The existing homes located within the future right-of-way area for SH-16 along the east boundary of the site on Parcel No. S0432110100 and S0432110500 shall not be expanded or enlarged. i. The Developer shall provide noise abatement along the east boundary of the site adjacent to future SH- 16 in the form of a 6-foot tall berm with a 6-foot tall wall on top of the berm as required by City Council at the hearing on May 28, 2019 in accord with set forth in UDC 11-3H-4D for residential uses adjoining state highways. j. The rear and/or sides of structures that face W. McMillan Rd., an arterial street; N. McDermott Rd./future SH-16, an arterial street/future state highway and entryway corridor; and N. McCrosson Ave., a collector street, shall incorporate articulation through changes in two or more of the following: modulation (e.g. projections, recesses, step-backs, pop-outs), bays, banding, porches, balconies, material types, or other integrated architectural elements to break up monotonous wall planes and roof lines that are visible from the subject public street. Single-story structures are exempt from this requirement. k. The Developer shall coordinate with the Meridian Fire Department on a combination donation and purchase transaction for Lot 2, Block 7 for the development of a future fire station and equipment service facility. The transfer to the Fire Department shall take place with recordation of the final plat phase that includes Lot 2, Block 7. A conditional use permit is required for a fire station (i.e. public/quasi-public use) in the R-8 zoning district per UDC Table 11-2A-2; compliance with the associated specific use standards listed in UDC 11-4-3-30, Public or Quasi-Public Use is required. l. The parking lot for the swimming pool shall contain a minimum of six (6) parking spaces. 2. The preliminary plats for Gander Creek North (N) and Gander Creek South (S) included in Section VII.B, shall be revised as follows (as applicable): a. Include a note stating direct lot access via N. McCrosson Ave., W. McMillan Rd., N. McDermott Rd./future SH-16 is prohibited, except for Lot 2, Block 7 which is planned for a fire station and shall have direct access via N. McCrosson Ave. b. On the 57-foot wide typical street section detail on Sheet PP-2, depict root barriers for the 6-foot wide parkways that are a minimum of 18 inches below subgrade adjacent to the sidewalk and a 24 inches below subgrade adjacent to the curb extending 2 inches above grade. c. Depict a typical street section detail for the 20-foot wide alleys. Done d. Depict contours for all storm drainage facilities that demonstrate compliance with UDC 11-3B-11C i.e. slopes are required to be less than or equal to three to one (3:1) (horizontal:vertical) for accessibility and maintenance]. e. Depict irrigation easements for the Five Mile Creek, McFadden Drain (shown on City maps as the Five Mile Creek), and any and all other facilities that encroach on this site. If the easement is wider than 10 feet it shall be included in a common lot that is a minimum of 20 feet wide and outside of a fenced area, unless otherwise modified by City Council as set forth in UDC 11-3A-6. f. N. Arroyo Creek Ave. and N. Carmel Creek Ave. shall be alleys instead of 28’ public streets and shall comply with the standards listed in UDC 11-6C-3B.5. Done g. Lots 15 and 16 and 17, Block 4 (S); and Lots 38 and 40, Block 2 (S) should be revised to reflect a minimum 30-foot wide street frontage; and Lot 12, Block 6 (S) should be a minimum of 40-feet wide measured as a chord measurement. Meridian City Council Meeting Agenda June 18, 2019 – Page 121 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 153 of 542 Page 37 h. The face of Block 2 that fronts on W. Mill Creek Dr.W. Plateau Creek St., east of N. Glassford Way, abutting the south side of the Five Mile Creek (790’+/-); and, the face of Blocks 2 and 7 that fronts on W. Redwood Creek Dr. that abut the north side of the McFadden Drain/Five Mile Creek along the project’s south boundary (800’+/- and 763’+/-, respectively) exceed the maximum block length of 750’ without an intersecting street or alley per UDC 11-6C-3F; revise accordingly unless otherwise approved by City Council City Council approved a waiver to this standard for the aforementioned block faces as requested. The UDC allows for City Council to approve block faces up to 1,200’ in length where block design is constrained by site conditions that include an abutting arterial street or highway, and a large waterway and/or a large irrigation facility, which is the situation in all three of these cases. Staff recommends Council approve the block faces as proposed. i. A 5-foot wide detached sidewalk is required along N. McDermott Rd. in accord with UDC 11-3A-17 to be constructed with the last phase of development. j. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a common lot in accord with UDC 11-3B-7C.2a; k. Depict local street access to the out-parcel (Parcel #S0432110050) on W. McMillan Rd. as set forth in UDC 11-3A-3. 3. The landscape plan included in Section VII.C shall be revised as follows: a. The “Ninemile” creek and associated easement should be named “Five Mile” creek (Gander Creek South). b. A detail shall be included for Phases 5, 6 and 9 (i.e. the phases containing the lots that abut McDermott Rd./future SH-16) that depicts the centerline (or estimated centerline) of the future SH-16 in relation to the top of the berm/wall verifying it’s a minimum of 1012 feet higher than the elevation at the centerline of the state highway as required by UDC 11-3H-4D.2. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as set forth in UDC 11-3H-4D.4. c. Minimum 5-foot wide landscape strips are required to be provided along each side of the multi-use pathway in Gander Creek North landscaped as set forth in UDC 11-3B-12C; if NMID will not allow landscaping on their property, a common lot should be provided on the subject property to accommodate the pathway and/or associated landscaping as necessary. d. Class II trees shall be planted within 6-foot wide parkways along with shrubs, lawn or other vegetative groundcover in accord with UDC 11-3B-7C. e. Depict fencing (chain-link or wrought iron) on the south side of the multi-use pathway along the Five Mile Creek in Gander Creek North for public safety that complies with the standards listed in UDC 11- 3A-6C. f. The 6-foot tall closed vision fence along the east boundary of the subdivision adjacent to N. McDermott Rd./future SH-16 shall be removed and either a use easement recorded across the back side of the berm along McDermott/SH-16 benefitting adjacent building lots with allowance for side yard fences to be constructed to the wall on top of the berm; or, an open vision, 4-foot tall closed vision, or 4-foot tall closed vision with 2 foot open vision fencing on top could be constructed for visibility of the common area between the fence and wall on top of the berm. g. Extend the multi-use pathway along the north side of the Five Mile Creek from N. Glassford Way to the east boundary of the site consistent with the Pathways Master Plan. The Park’s Dept. amended this condition. h. Depict a 5-foot wide detached sidewalk along N. McDermott Rd. in accord with UDC 11-3A-17. Meridian City Council Meeting Agenda June 18, 2019 – Page 122 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 154 of 542 Page 38 i. Depict a minimum 20-foot wide street buffer on Lot 2, Block 7 along N. McCrosson Avenue in a common lot in accord with UDC 11-3B-7C.2a, landscaped per the standards listed in UDC 11-3B-7C. j. Modify the detail for the berm along the east boundary of the site adjacent to future SH-16 to reflect a 126-foot tall berm with a 6-foot tall wall on top of the berm. 4. The existing ingress/egress easement (Inst. #98106235) for W. Lazy Diamond C Lane and an Idaho Power easement (Inst. #8958920) noted on the Gander Creek South plat and any other easements that are no longer needed shall be relinquished and/or vacated, as applicable, prior to signature on the final plat by the City Engineer on the phase in which they are located. The Applicant shall submit copies of the easement relinquishment(s) and/or proof of vacation of the easement(s) with the final plat application as applicable. 5. All stormwater detention facilities counted toward qualified open space are required to be designed in accord with the standards listed in UDC 11-3B-11C. 6. A floodplain development permit is required to be obtained from the Public Work’s Department prior to any and all development within the floodplain. 7. All existing structures are required to be removed prior to City Engineer signature on the final plat for the phase of development in which they are located. 8. Submit a detail of the children’s play equipment and picnic shelters with the final plat application. 9. Install signage at each end of the alleys (currently depicted as N. Arroyo Creek Ave. and N. Carmel Creek Ave.) for addressing purposes for lots that front on mews. 10. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway in Gander Creek North; coordinate the details of the easement with Kim Warren, Park’s Department. B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 The water system as proposed does not connect to the City's distribution system. A water main connection will not be made to the east on McMillan Road, east of N. Glassford Avenue, due to the planned SH-16 grade separation. A 12-inch water main connection will need to be made parallel with the sanitary sewer mainline, to the proposed 12-inch water main to be constructed by the Owyhee High School project in McDermott Rd. An 8-inch water main connection will need to be made to the south on the proposed Glassford Way to the proposed 12-inch main to be constructed by the Owyhee High School project. 12-inch water main needs to be constructed along the entire west boundary on McCrosson Ave across Five Mile Creek and connecting to the proposed water main to the south to be built be Owyhee High School Project. An 8 inch flush line needs to be constructed at the crossing of Five Mile Creek at McCrosson Ave. Phasing as proposed will require significant off-site improvements to connect water. Each phase must be modeled at final plat to ensure adequate fire flow. Water must be supplied from at least two mains for all phases of the development. 1.3 The west property boundary is also the sanitary sewer trunkshed boundary, therefore this development does not need to stub sewer to the west. Remove sewer main stub in W Quintal Street. The following sewer manholes have less than 3' of cover: SSMH A16 and F5-7. The southern portion of subdivision has multiple sewer design flaws. Sewer mains in Mill Creek Drive, Brandy Creek Ave, Buffalo Creek Drive and Battle Creek Avenue all dead end and do not connect east to the mainline in McDermott Meridian City Council Meeting Agenda June 18, 2019 – Page 123 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 155 of 542 Page 39 Road. Sewer in N Magical Creek Way dead ends and does not connect to the rest of the system as well. There are no sewer mains to service Block 2, lots 3-5 and Block 4, lots 2-3. 1.4 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 1.5 The March 7, 2019 Geo-Tech Report, prepared by SITE Consulting, LLC, submitted with this application highlights several site conditions (including but not limited to soil types, ground water, and construction methods) that will make development of this property and construction of homes somewhat challenging. The developer shall bear the responsibility of ensuring that all the requirements, including compaction of backfill material, foundation drains around homes, and on-site infiltration pits are conveyed to the home builders, and that they are closely adhered to. 2. General Conditions of Approval 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 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. 2.3 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 development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant 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. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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 addressed 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. 2.7 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- Meridian City Council Meeting Agenda June 18, 2019 – Page 124 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 156 of 542 Page 40 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. 2.8 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. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, 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. 2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C- 3B. 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. 2.18 The design 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. 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.meridiancity.org/public_works.aspx?id=272. 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. Meridian City Council Meeting Agenda June 18, 2019 – Page 125 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 157 of 542 Page 41 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. 2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. 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. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/164180/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/163880/Page1.aspx E. PARK’S DEPARTMENT http://weblink.meridiancity.org/WebLink8/DocView.aspx?dbid=0&id=164267&page=1& http://weblink.meridiancity.org/weblink8/0/doc/167815/Page1.aspx F. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/163825/Page1.aspx G. SETTLER’S IRRIGATION DISTRICT Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction. H. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/162580/Page1.aspx I. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/weblink8/0/doc/161961/Page1.aspx J. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/162390/Page1.aspx K. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/weblink8/0/doc/168244/Page1.aspx L. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/164142/Page1.aspx IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: Meridian City Council Meeting Agenda June 18, 2019 – Page 126 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 158 of 542 Page 42 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the proposal to annex and develop the subject 117.10 acre property with R-8 zoning is consistent with the associated FLUM designation of MDR for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statement of the residential district in that it will provide for a range of housing opportunities consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential uses should be compatible with adjacent existing and future residential and school uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plats are generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plats are in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. Meridian City Council Meeting Agenda June 18, 2019 – Page 127 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 159 of 542 Page 43 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda June 18, 2019 – Page 128 of 186Meridian City Council Meeting Agenda July 9, 2019 – Page 160 of 542 EIDIANIDAHO ?- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 D Project File Name/Number: Pollard Subdivision H-2019-0021 Item Title: Development Agreement for Pollard Subdivision H-2019-0021 (H-2019-0021) with Tomlinson Family Trust, Dated April 7, 1982 (Owner) and Brighton Development, Inc.. (Developer). Located off the NE Corner of SH -16 and W. Chinden Blvd. Meeting Notes: C✓i APPROIED I TEM SHEET C ouncil Agenda I tem - 3.D. Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Pollard Subdivision (H-2019-0021) with Tomlinson F amily T rust, Dated April 7, 1982 (Owner) and Brighton D evelopment, Inc.. (D eveloper). L ocated off the NE Corner of S H-16 and W. C hinden B lvd. D evelopment Agreement between the City of Meridian and Tomlinson F amily Trust D ated April 7, 1982 (O W NE R) and B righton D evelopment, I nc. (D E V E L O P E R) for P ollard S ubdivision AT TAC HM E NT S: Description Type Upload D ate Development A greement-Pollard S ub A greements / C ontracts 6/26/2019 E xhibit A-Pollard S ub E xhibit 6/26/2019 E xhibit B -P ollard Sub E xhibit 6/26/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 161 of 542 ADA COUNTY RECORDER Phil McGrane 2019-060655 BOISE IDAHO Pgs=70 NIKOLA OLSON 07/10/2019 12:02 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2, Tomlinson Family Trust Dated April 7, 1982, Owner 3. Brighton Development, Inc., Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of 2019, by and between City of Meridian, a municipal corporation of the State of aho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Tomlinson Family Trust Dated April 7, 1982, whose address is 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 and hereinafter called OWNER and Brighton Development, Inc., whose address is 2929 W. Navigator Dr., Suite 400, Meridian, ID 83642 hereinafter called DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition Of zoning that the Owner and/or Developers make a written commitment concerning the use or development ofthe 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 and/or Developer have submitted an application foi• the annexation and zoning of 77.33 acres of land,, described in Exhibit "A", to the C -G (General Retail and Service Commercial) and R-8 (Medium Density Residential) zoning districts, 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 and/or 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 DEVELOPMENT AGREEMENT—POLLARD SUBDIVISION (H-2019-0021) PAGE 1 or 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 3 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 7 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 6 8 o f 5 4 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Tomlinson Family Trust Dated April 7,1982 e, — ByW �� DEVELOPER: Brighton Development, Inc. CITY OF MERIDIAN By Mayor Tammy de Weerd ATTEST: the DEVELOPMENT AGREEMENT—POLLARD SUBDIVISION (H-2019-0021 PAGE 8 OF 10 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 7 0 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 1 7 1 o f 5 4 2 STATE OF IDAHO ss County of Ada On this_ day of 7ulq , 2019, before me, a Notary Public, personally appeared Tammy de Weerd and Chris Joh son, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. _0 kn un o WcLjA= Notary Public for Idaho CHARLENE WAY Residing at:`IY1 Q i laLOI_Nu i 2A,OUVIb COMMISSION #67390 Commission expires:3 -aM NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT -POLLARD SUBDIVISION (H-2019-0021 PAGE 10 OF 10 Meridian City Council Meeting Agenda July 9, 2019 – Page 173 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 174 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 175 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 176 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0021 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 77.33 Acres of Land with R-8 (21.95 acres) and C-G (55.38 Acres) Zoning Districts; and Preliminary Plat Consisting of (75) Building Lots, (7) Common Lots and (4) Other Lots on 71.3 Acres of Land in the R-8 and C-G Zoning Districts for Pollard Subdivision, by Brighton Investments, LLC. Case No(s). H-2019-0021 For the City Council Hearing Date of: May 21, 2019 (Findings on June 4, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 21, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 21, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 21, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 21, 2019, 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. Meridian City Council Meeting Agenda June 4, 2019 – Page 145 of 467 EXHIBIT B Meridian City Council Meeting Agenda July 9, 2019 – Page 177 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0021 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 21, 2019, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant’s request for annexation & zoning and preliminary plat is hereby approved with the requirement of a Development Agreement per the provisions in the Staff Report for the hearing date of May 21, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer’s signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11-6B-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A, the Director may authorize a single extension of time to obtain the City Engineer’s signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B-7C). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. Meridian City Council Meeting Agenda June 4, 2019 – Page 146 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 178 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0021 - 3 - 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. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 21, 2019 Meridian City Council Meeting Agenda June 4, 2019 – Page 147 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 179 of 542 By action of the City Council at its regular meeting held on the day of , 2019. COUNCIL PRESIDENT JOE BORTON VOTED COUNCIL VICE PRESIDENT LUKE CAVENER VOTED \ COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED COUNCIL MEMBER TREG BERNT VOTED OTEDMCOUNCILMEMBERGENESISMII,AM VOTED- MAYORAYOR TAMMY de WEERD VOTED \ TIE BREAKER) Mayormy e Weerd Attest: ilp of w C on IDAHO Interim Y Clerk SEAL Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By: 0)Dated: lO ^ ao City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2019-0021 Pollard Subdivision - 4 - Meridian City Council Meeting Agenda July 9, 2019 – Page 180 of 542 EXHIBIT A Page 1 HEARING DATE: May 21, 2019 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2019-0021 Pollard Subdivision aka Central Valley Plaza) LOCATION: Off the northeast corner of SH-16 and W. Chinden Blvd., in the SW ¼ of Section 21, T.4N., R.1W. I. PROJECT DESCRIPTION Annexation and zoning of 77.33 acres of land with R-8 (21.95 acres) and C-G (55.38 acres) zoning districts; and Preliminary plat consisting of (75) building lots, (7) common lots and (4) other lots on 71.3 acres of land in the R-8 and C-G zoning districts for Pollard Subdivision. II. SUMMARY OF REPORT A. Project Summary STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Description Details Page Acreage 71.3 Future Land Use Designation MDR, MU-C and MU-I Existing Land Use Vacant/undeveloped land Proposed Land Use(s) Mixed-use medical/professional, retail/commercial and residential Current Zoning RUT in Ada County Proposed Zoning R-8 and C-G Lots (# and type; bldg/common) 75 building/7 common/3 private common driveways Phasing plan (# of phases) Yes; 3 phases Number of Residential Units (type of units) 74 SFR units (and 88 beds in an assisted living facility) Density (gross & net) 3.4 gross/5.19 net Meridian City Council Meeting Agenda June 4, 2019 – Page 149 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 181 of 542 Page 2 B. Community Metrics Open Space (acres, total [%] / buffer / qualified) 2.74 acres (12.6%) (residential only) Amenities 10’ wide multi-use pathway, children’s play structure Physical Features (waterways, hazards, flood plain, hillside) An irrigation ditch runs along the southern boundary of this site; this site is not within the floodplain. Neighborhood meeting date; # of attendees: December 18, 2018; 9 attendees History (previous approvals) None Description Details Page Ada County Highway District Staff report yes/no) No Yes Requires ACHD Commission Action (yes/no) Yes; scheduled for April 310, 2019 Note: Franklin Sensors (the business on the adjacent property to the west) does not want the east/west collector street to be relocated further to the north. Fire Service Distance to Fire Station 2.5 miles from Fire Station #5 Fire Response Time 5 minutes under ideal conditions Resource Reliability 77% from Fire Station #5 – does not meet the target goal of 85% or greater Risk Identification 4 – Current resources would not be adequate to supply service to this project see comments in Section VII.C Accessibility Project does not meet all required access, road widths and turnarounds; roadways needs to be 26’ wide for ladder truck access Special/resource needs An aerial device is required; the closest truck company is 15 minutes travel time (under ideal conditions) – Fire Dept. can’t meet this need in the required timeframe. Water Supply Requires 2,250 gallons per minute for 2 hours Other Resources NA Police Service Distance to Police Station 9 miles Police Response Time 5-7 minutes Calls for Service NA (site is currently in Ada County) Accessibility No issues with the proposed access Specialty/resource needs No additional resources are needed at this time; the PD already services the area to the east Crimes Crashes Wastewater Distance to Sewer Services 0 Sewer Shed North McDermott Trunkshed Estimated Project Sewer ERU’s See application information Meridian City Council Meeting Agenda June 4, 2019 – Page 150 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 182 of 542 Page 3 WRRF Declining Balance 13.62 Project Consistent with WW Master Plan/Facility Plan Yes Impacts/Concerns Although this development falls within the North McDermott Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developers proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. The permanent Lift Station site, contemplated in the Meridian Wastewater Master Plan, is located north of the subject development and on the west side of N. Pollard Lane. However, the developer is proposing to locate the Lift Station in the northwest corner of the proposed development. The developer shall be required to work out the final design location with the Public Works Department, and deed the necessary land to the city with completion of the station The Lift Station shall be satisfactorily completed and accepted prior to the first occupancy permit being issued within the development. This development shall be required to install the permanent forcemain (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. Water Distance to Water Services NA Pressure Zone NA Estimated Project Water ERU’s See application information Water Quality NA Project Consistent with Water Master Plan NA Impacts/Concerns Water service being provided by Suez Water Idaho . Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. Meridian City Council Meeting Agenda June 4, 2019 – Page 151 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 183 of 542 Page 4 C. Project Maps III. APPLICANT INFORMATION A. Applicant: Brighton Investments, LLC – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 B. Owner: Tomlinson Family Trust – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 C. Representative: Mike Wardle, Brighton Corporation – 12601 W. Explorer Dr., Ste. 200, Boise, ID 83713 Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda June 4, 2019 – Page 152 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 184 of 542 Page 5 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Newspaper Notification 3/1/2019 Radius notification mailed to properties within 300 feet 2/26/2019 Public hearing notice sign posted on site 3/6/2019 Nextdoor posting 2/26/2019 V. STAFF ANALYSIS A. ANNEXATION & ZONING The Applicant requests annexation and zoning of 77.33 acres of land with R-8 (21.95 acres) and C-G (55.38 acres) zoning districts. A conceptual site plan and building elevations were submitted for the development, included in Sections VII.E and F. Proposed Use Analysis: The proposed development will be anchored by a medical campus consisting of a 95K square foot s.f.) medical office building which will eventually include a surgical center, free -standing emergency department and a 50-bed hospital. Three Four (34) 48K s.f. professional office buildings, (2) buildings with 72K s.f. of “flex” office space which is anticipated to house a police substation, retail with a convenience store, multi-tenant retail/office, a health club, (34) conventional single-family residential homes, (40) single-family residential independent living homes, and an 88-bed assisted living facility. The Allowed Uses table in UDC Table 11-2A-2 for the R-8 zoning district lists single-family residential homes (attached and detached) as a principally permitted use; and a residential care facility as a conditional use subject to the specific use standards listed in UDC 11-4-3-29. The Allowed Uses table in UDC Table 11-2B-2 for the C-G zoning district lists healthcare or social services, professional services, public or quasi-public uses, flex space subject to the specific use standards listed in UDC 11-4-3-18, indoor recreation facility (i.e. health club) subject to the specific use standards listed in UDC 11-4-3-2, and retail as principal permitted uses; and hospitals as a conditional use subject to the specific use standards listed in UDC 11-4-3-22. Per the specific use standards, hospitals providing emergency care are required to have direct access on an arterial street – the access proposed will be via a collector street from SH-20/26 from which access is prohibited except at the half mile between section line roads. The City Council should determine if this meets the intent of the requirement; if so, it should be memorialized in the Development Agreement. Additionally, the specific use standards for flex space prohibit roll-up doors from being visible from a public street; the flex space buildings are proposed to have roll-up doors which will be visible from facing the collector street. As mitigation, the Applicant proposes to construct a berm with landscaping along the street to screen the doors from the street; a perspective drawing should be submitted with the Certificate of Zoning Compliance application that demonstrates compliance. Staff recommends the buildings be relocated so they each front on public streets (i.e. Waverton & Narbeth) or rotate the buildings 90 degrees with the rear of the structures facing each other; or some other alternative that allows compliance. Meridian City Council Meeting Agenda June 4, 2019 – Page 153 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 185 of 542 Page 6 Comprehensive Plan (https://www.meridiancity.org/compplan): This property is encompassed by three (3) different Future Land Use Map designations as follows: MDR (35+/- acres), MU-C (18+/- acres), MU-I (16+/- acres). See Future Land Use Map in Section II.C for specific areas of each designation. The MDR (Medium Density Residential) designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at gross densities of 3 to 8 units per acre. Single-family residential attached/detached homes at a gross density of 3.4 units/acre and an 88-bed assisted living facility are proposed in this area consistent with the MDR designation. The MU-C (Mixed Use – Community) designation allocates areas where community- servicing uses and dwellings are seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single-use and strip commercial type buildings. Non-residential buildings in these areas have a tendency to be larger than in MU-N (Mixed-Use Neighborhood) designated areas but not as large as in MU- R (Mixed Use – Regional) designated areas. Goods and services in these areas tend to be of the variety that people will mainly travel by car to but also walk or bike to (up to 3 or 4 miles). Employment opportunities for those living in and around the neighborhood are encouraged. Office, flex-office and retail uses are proposed in the MU-C designated area. No residential uses are proposed in the MU-C area on this site; however, medium density residential uses were recently approved on the adjacent 12+/- acres directly to the east which consists of approximately 20% of the overall MU-C area in accord with the Comprehensive Plan. The MU-I (Mixed Use – Interchange) designation calls out areas where construction of future SH-16 interchanges is likely to occur and to acknowledge that this land will have a high degree of visibility. These areas will be served by highway interchange ramps and restricted local access. Uses in this area will need to be compatible with the impacts of a freeway interchange. However, these uses are not intended for high volume retail or uses that are better suited in neighborhood centers or commercial areas. The intention is to protect the immediate vicinity of the interchange from traffic conflicts and shift the high traffic- generating uses away from the immediate vicinity of the interchange. A medical campus, surgical center, hospital and emergency care is proposed within the MU-I designated area consistent with uses desired in MU-I designated areas. Transportation: The Master Street Map (MSM) depicts a planned north/south residential collector street through this site generally from W. Chinden Blvd. to the northeast. The proposed plat depicts a north/south collector street (N. Levi Ave.) from Chinden Blvd. intersecting with an east/west collector street (W. Waverton Dr.) connecting to Fairbourne Subdivision to the east and N. Black Cat Rd., which is generally consistent with the MSM. Land Use: The proposed land use for this site is mixed use medical/professional, hospital, retail/commercial, flex space, public/quasi-public, nursing care facility and residential consistent with the associated FLUM designations. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): Goals, Objectives, & Action Items: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): Meridian City Council Meeting Agenda June 4, 2019 – Page 154 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 186 of 542 Page 7 Provide for a wide diversity of housing types (single-family, modular, mobile homes and multi-family arrangements) and choices between ownership and rental dwelling units for all income groups in a variety of locations suitable for residential development.” (3.07.03B) A mix of single-family attached and detached homes are proposed within this development some of which will be age restricted 55+ which will provide for a diversity in housing types as desired. Provide housing options close to employment and shopping centers.” (3.07.02D) The proposed development will provide housing options in close proximity to future office and commercial uses planned to develop on the adjacent property to the south. Consider ACHD’s Master Street Map (MSM) in all land use decisions.” (3.03.04K) The MSM depicts a north/south collector roadway across this site providing access from SH- 20/26 to the northeast. The proposed street network is consistent with the MSM. Require open space areas within all development.” (6.01.01A) An open space exhibit is included in Section VII.D that complies with the minimum UDC standards listed in UDC 11-3G-3. 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) The proposed development is contiguous to the City and urban services can be provided to this development. Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) One (1) access is proposed via W. Chinden Blvd./SH-20/26, a state highway, at the half mile between section line roads as allowed in UDC 11-3H-4B.2. Access points via the proposed collector streets should be limited as set forth in UDC 11-3A-3 to ensure public safety. Staff is of the opinion the proposed accesses shown in Section VII.E are acceptable unless otherwise restricted by the City Council. Work with ACHD, COMPASS, and VRT on bringing public transportation to and through Meridian.” (3.03.04H) VRT’s long-term plan (ValleyConnect 2.0) does not include any service along W. Chinden Blvd./SH-20/26 in this area. 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) A pedestrian circulation plan is included in Section VII.G that depicts pedestrian walkways throughout the development and to adjacent properties for interconnectivity. Work with transportation agencies and private property owners to preserve transportation corridors, future transit routes and infrastructure, road and highway extensions, and to facilitate access management planning.” (3.01.01J) The Applicant has been working with ITD on the proposed access via SH-20/26 and with ACHD on the proposed internal roadways. Develop alternative modes of transportation through pedestrian improvements, bicycle lanes, off-street pathways, and transit-oriented development as appropriate.” (3.03.03D) Pedestrian walkways and proposed throughout the development; a multi-use pathway is proposed within the street buffer along SH-20/26; VRT (ValleyConnect 2.0) does not have any plans for bus service along SH-20/26; and bicycle lanes should be provided along collector streets. Meridian City Council Meeting Agenda June 4, 2019 – Page 155 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 187 of 542 Page 8 In reviewing development applications, the following items will be considered in all Mixed Use areas, per the Comprehensive Plan (pgs. 23-24): (Staff’s analysis in italics) Residential densities should be a minimum of six dwellings/acre.” As noted above, no residential uses are proposed on the subject MU-C designated area but residential uses have been approved on the adjacent property to the east. Where feasible, higher density and/or multi-family residential development will be encouraged, especially for projects with the potential to serve as employment destination centers and when the project is adjacent to US 20/26, SH-55, SH-16 or SH-69.” This project is adjacent to two (2) state highways – SH-20/26 and SH-16. The proposed development does not include high density and/or multi-family development; 74 medium density residential units and an 88-bed assisted living facility are proposed, which will not provide for the density desired in close proximity to employment destinations such as this. A conceptual site plan for the entire mixed-use area should be included in the application.” A conceptual development plan was submitted for the proposed mixed use development, included in Section VII.E. In developments where multiple commercial and/or office buildings are proposed (not residential), the buildings should be arranged to create some form of common, usable area, such as a plaza or green space.” Green space is proposed within the medical campus and in the office portion of the development. A common usable area should be provided for each of these areas as envisioned. The Applicant submitted a revised plan that depicts proposed public plaza areas within the development (see Section VIII.G); 3 of the 4 areas depicted are located adjacent to the main entry/collector roads and/or aren’t centrally located or connected to the area around the adjacent buildings which they’ll serve – Staff recommends more central usable plaza areas are planned for with development of each of the commercial/office areas located in closer proximity to structures away from adjacent collector streets. The site plan should depict a transitional use and/or landscaped buffering between commercial and existing low- or medium-density residential development.” The proposed plan depicts office uses as a transition from more intense commercial uses to the planned medium density residential development to the east. A 25-foot wide landscape buffer with a 6-foot all wood fence is proposed along the east boundary of the commercial portion of the site to buffer the future medium density residential uses to the east. (Note: An additional 23-foot wide common lot is proposed adjacent to this buffer on the residential property where the Harrell Lateral is located which will provide additional separation between the residential homes and commercial development.) A mixed-use project should include at least three types of land uses [i.e. commercial includes retail, restaurants, etc.), office, residential, civic (includes public open space, parks, entertainment venues, etc.), and industrial]. Exceptions may be granted for smaller sites on a case-by-case basis.” The proposed development will at a minimum include commercial retail, office and residential uses as desired. Community-serving facilities such as hospitals, churches, schools, parks, daycares, civic buildings, or public safety facilities are expected in larger mixed-use developments.” A hospital and associated medical offices as well as a police substation are proposed within this development. Meridian City Council Meeting Agenda June 4, 2019 – Page 156 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 188 of 542 Page 9 Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools are expected; outdoor seating areas at restaurants do not count.” The proposed revised site plan does not in Section VII.G incorporate depicts public and/or quasi-public spaces and places; the common area proposed in the residential portion of the development will be owned by the Homeowner’s Association and does not satisfy this requirement. These types of public spaces should be included in the mixed use designated area when it develops in accord with Staff’s comments above. All mixed-use projects should be directly accessible to neighborhoods within the section by both vehicles and pedestrians.” The proposed development is directly accessible to the adjacent residential neighborhood to the east and the proposed residential neighborhood on the northern portion of this site via an east /west collector street and existing rural homes on the adjacent properties to the north. Pedestrian walkways are provided along the collector streets within the site. Street sections consistent with the Ada County Highway District Master Street Map are required within the Unified Development Code.” The proposed preliminary plat depicts collector streets consistent with the Master Street Map. Because of the existing small lots within Old Town, development is not subject to the Mixed-Use standards listed herein.” The proposed development is not within Old Town; therefore, this provision is not applicable. In reviewing development applications, the following items will be considered in MU-C areas, per the Comprehensive Plan (pgs. 33-34): All developments should have a mix of at least three land use types.” The proposed development contains a mix of uses as required (i.e. commercial/retail, healthcare, office, and flex-office). Developments should comply with the general guidelines for development in all Mixed Use areas.” See analysis above. Residential uses should comprise a minimum of 20% of the development area at densities ranging from 6 to 15 units/acre.” Residential uses (i.e. patio homes) were recently approved to develop on the adjacent property to the east and multi-family apartments are anticipated to develop further to the east within the MU-C area totaling approximately 65% of the overall MU-C designated area; the overall density of the residential area with the apartments should fall within this range. Non-residential buildings should be proportional to and blend in with adjacent residential buildings.” The proposed assisted living facility incorporates a hip roof and is a single level similar to proposed adjacent single-family dwellings. The residential portion of the development is separated from the commercial portion by a collector street which Staff feels provides a break” and doesn’t require the residential and commercial buildings to be “proportional to” and “blend in” with. The 3-story office structure originally proposed near the east boundary of the site adjacent to the future single-level patio homes have been relocated further to the west and will be set back approximately 160’ from the property line which Staff feels is appropriate although Meridian City Council Meeting Agenda June 4, 2019 – Page 157 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 189 of 542 Page 10 they will not be proportional nor will they blend in with adjacent residential buildings; therefore, staff recommends the office building is shifted further to the west or to the north next to the street (Narbeth Dr.) to create more of a spatial separation between the uses; or decrease the height of the structure to 2-stories. Vertically integrated structures are encouraged.” No vertically integrated structures are proposed. Unless a structure contains a mix of both residential and office, or residential and commercial land uses, a maximum building size should be limited to a 30,000 square-foot building footprint.” All of the structures within the MU-C area are planned to be below 30,000 s.f. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area are required. Outdoor seating areas at restaurants do not count towards this requirement.” These types of spaces and places should be provided. Where the development proposes public and quasi-public uses to support the development above the minimum 5%, the developer may be eligible for additional residential densities and/or an increase to the maximum building footprint.” Not applicable In reviewing development applications, the following items will be considered in MU-I areas, per the Comprehensive Plan (pgs. 33-34): Land uses within the MU-I areas and adjacent to the SH-16 corridor should be carefully examined for their potential impacts on existing and designated neighborhood centers and commercial activity areas.” The proposed development is the first commercial development in the nearby vicinity; no neighborhood centers are designated or exist in this area. A traffic impact study may be required for larger developments in these areas.” A TIS was completed for this development and has been reviewed by ACHD and ITD. Vehicular access points should be prohibited near interchange ramps. Future uses should be planned to integrate with a frontage/backage road type circulation system.” No access points via SH-20/26 are proposed west of the Levi Ave. access near the SH-16 interchange; a collector street frontage road is proposed parallel to SH-20/26. Any new development at or near MU-I areas should promote a nodal development pattern where buildings are clustered, off-street parking is screened in the rear of the parcel and, where practical, development is inter-connected with adjoining parcels.” Buildings within the MU-I area are clustered but because the area lies between two roadways, the parking cannot be screened from both roadways. The SH-16/US 20-26 interchange will be one of only two regional gateways to the City of Meridian for travelers coming from north of the Boise River (the other being Linder Road). As such, buildings, landscaping, and other design features at this interchange need to reflect Meridian’s heritage, quality, and character.” Design of the SH-16/US 20-26 interchange and the adjoining land uses must give special consideration to the more scenic and environmentally sensitive area on the north side of US 20-26. The more intensive land uses should be sited on the south side of US 20-26.” Meridian City Council Meeting Agenda June 4, 2019 – Page 158 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 190 of 542 Page 11 Regional ridesharing, park-and-ride and transit transfer facilities are strongly encouraged within the SH-16/US 20-26 MU-I area.” No such uses are proposed but are encouraged. Because this area is rapidly transitioning with urban development, staff recommends the applicant should coordinate with ACHD to determine if a park and ride lot is desired in the area. The MU-I area at Ustick Road, west of SH-16, should minimize retail and auto-oriented services and transition rapidly from the interchange to the more rural, low density character intended along the county line. (Examples of uses include middle or high schools, post office or library branches, office uses, row house/patio home developments, athletic clubs, etc.)” The following types of appropriate uses and themes are envisioned at the two interchange locations along SH-16: US 20-26: Commuter Services, Technology/Research, Business Park Ustick Road: Educational, Civic, Light Retail, Residential” Zoning: Based on the analysis above, Staff is of the opinion the requested annexation with the R-8 and C- G zoning districts and proposed development is generally consistent with the MDR, MU-C and MU-I FLUM designations for this site. The proposed annexation area is contiguous to City annexed property to the east and is within the Area of City Impact Boundary. A legal description for the annexation area is included in Section VII.A. 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 Section VIII. B. PRELIMINARY PLAT The proposed preliminary plat consists of (75) building lots, (7) common lots and (4) other lots consisting of (2) private streets, (1) common driveway and (1) future right-of-way on 71.3 acres of land in the R-8 and C-G zoning districts for Pollard Subdivision. Note: Staff has verified that the out-parcel at the southeast corner of the site is an “original parcel of record” as defined by UDC 11-1A-1 per the deed from 1961. As such, it’s not required to be included in the proposed subdivision. Existing Structures/Site Improvements: There are no existing structures on this site. Dimensional Standards (UDC 11-2): The proposed plat and subsequent development is required to comply with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 district and Table 11-2B-3 for the C-G district. Phasing Plan: The subdivision is proposed to develop in 3 phases as shown on the phasing plan in Section VII.B. Uses proposed in each phase are as follows: Phase 1 will include a 95K square foot (s.f.) medical office, a 12K s.f. convenience store retail), a 48K s.f. office, a multi-tenant retail/office building, a health club, and a 36K s.f. flex office and is slated to open mid/late 2020. Meridian City Council Meeting Agenda June 4, 2019 – Page 159 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 191 of 542 Page 12 Phase 2 will include a 10K s.f. emergency room, 50 bed hospital, 50K s.f. medical office building, (23) 48K s.f. offices and a 36K s.f. flex office and is slated to open mid/late 2022. Phase 3 will include 74 conventional single-family residential units and independent living units for 55 and older and an 88-bed assisted living facility – date yet to be determined. Access (UDC 11-3A-3, 11-3H-4): One full access is proposed for the development via N. Levi Ave., a collector street, from W. Chinden Blvd./SH-20/26; direct lot access via W. Chinden Blvd./SH-20/26 is prohibited per UDC 11-3H-4B.2. Another access will be provided from the east via W. Waverton Dr., a collector street, through Fairbourne Subdivision from N. Black Cat Rd.; signalization of the Black Cat/Chinden intersection is expected to be completed in 2020 with the Costco road improvements. Waverton Dr., which parallels SH-20/26 and serves as a backage road, will provide connectivity and access to all properties fronting the state highway in this area in accord with UDC 11-3H-4B.3. Due to the increase in trips generated by the proposed development, ITD is requiring mitigation improvements as detailed in their letter (see Section VII.K), which includes but is not limited to dedication of 12 feet of right-of-way for a westbound right turn lane onto Levi Ave. to be constructed prior to Occupancy and installation of a traffic signal with emergency pre-emption. Old School Lane, an east/west private street that lies on the adjacent properties to the north along the northern boundary of this site currently provides access to the five existing homes on the rim from Pollard Ln. Two private streets (i.e. N. Restucci Ave. and N. Schwenkfelder Ave.) are proposed from internal public streets to Old School Lane for access to these properties; Staff recommends these streets are public, not private, as it’s not the intent of the UDC to approve private streets for single-family developments except in limited circumstances (see UDC 11-3F-1 for more information). Additionally, if and when the properties on the rim re- develop, public street access should be available. The existing easements/right-of-way depicted on Sheet PP1.1 of the plat where the existing public street that serves the Franklin Sensors property to the west is located are required to be vacated. This access was negotiated with ITD with removal of the Pollard/Chinden access. Because the location of this roadway impacts development of this site (i.e. it runs through the middle of the planned medical campus area), the Applicant proposes to relocate the street further to the north. Because Franklin Sensors opposes the relocation of the street, the ACHD Commission will hear this item on April 3rd. A cross-access easement and driveway should be depicted on the plat (or granted through a separate recorded easement) to the out-parcel at the southeast corner of the site S0421438700) for access in accord with UDC 11-3A-3A.2. Common Driveways (UDC 11-6C-3): One (1) common driveway is proposed on Lot 62, Block 1 for access to Lots 63 and 64, Block 1; comply with the standards listed in UDC 11-6C-3D. An exhibit is required to be submitted with the final plat application that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. A perpetual ingress/egress easement for the common driveway(s) 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. A copy of the easement should be submitted to the Planning Division prior to signature on the final plat. Meridian City Council Meeting Agenda June 4, 2019 – Page 160 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 192 of 542 Page 13 Parking (UDC 11-3C): Off-street parking is required to be provided for single-family detached/attached and age restricted dwellings based on the number of bedrooms per unit [SFR attached/detached: 1- bedroom requires 2 per unit with at least 1 in an enclosed garage (other space may be enclosed or a minimum 10’ x 20’ parking pad), 2-, 3-, and 4-bedroom units require 4 per unit with at least 2 in an enclosed garage (other space(s) may be enclosed or a minimum 10’ x 20’ parking pad(s); age restricted requires 2 per unit with at least 1 in an enclosed garage for 2+ bedroom units]; parking for the assisted living facility is required based on the number of beds (i.e. 0.5 space per bed), as set forth in UDC Table 11-3C-6. Off-street parking for non-residential uses in commercial districts is based on the square footage of the gross floor area (i.e. 1 space for every 500 s.f.) as set forth in UDC 11-3C-6B.1. Pathways (UDC 11-3A-8): Pathways are required to be constructed in accord with the standards listed in UDC 11-3A-8 with landscaping on either side of the pathway(s) per the standards listed in UDC 11-3B-12C. A 10-foot wide detached multi-use pathway is required within the street buffer along SH-20/26 as proposed. If the pathway will not be located within ITD right-of-way, a public use easement is required; coordinate the details of the easement with Kim Warren, Park’s Department 208-888-3579). A pedestrian circulation plan has been submitted as shown in Section VII.G in an effort to distinguish pedestrian from vehicular use areas for safety. The plan depicts pedestrian walkways to main building entrances from adjacent sidewalks along streets. Sidewalks (UDC 11-3A-17): Sidewalks are required to be constructed adjacent to all public streets as set forth in UDC 11-3A- 17. Detached sidewalks are proposed throughout the development in accord with UDC standards. Parkways (UDC 11-3A-17): Parkways are required to be constructed and landscaped per the standards listed in UDC 11-3A- 17E. Eight-foot wide parkways are proposed throughout the development in accord with UDC standards. Landscaping is required to be provided within parkways per the standards listed in UDC 11-3B-7C. Landscaping (UDC 11-3B): Street buffer landscaping is required to be provided as set forth in UDC Table 11-2B-3 for the C- G district and 11-2A-6 for the R-8 district and planted in accord with the standards listed in UDC 11-3B-7C. A 35-foot wide street buffer is required along W. Chinden Blvd./SH-20/26, an entryway corridor; a 20-foot wide street buffer is required along N. Levi Ln. and W. Waverton Dr., both collector streets; and a 10-foot wide street buffer is required along local streets in the C-G district (buffers are not required along local streets in the R-8 district). The street buffer landscaping depicted on the landscape plan in Section VII.C complies with UDC standards except for the N. Levi Ln. buffer which is short one (1) tree; the landscape plan should be revised to include one additional tree in the buffer. Additionally, the street buffer along SH-20/26 where the hospital is located is required to incorporate noise abatement in the form of a berm or a berm and wall combination that is a minimum of 10 feet higher than the elevation at the centerline of the state highway as set forth in UDC 11-3H-4D; the landscape plan should be revised accordingly and an exhibit should be submitted that depicts the cross-section of the berm and/or wall in relation to the centerline of the highway. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise Meridian City Council Meeting Agenda June 4, 2019 – Page 161 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 193 of 542 Page 14 abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. Street buffers in residential districts are required to be placed in a common lot and maintained by the Homeowner’s Association; street buffers in commercial districts are required to be placed in a common lot or a permanent dedicated buffer maintained by the property owner of business owner’s association per UDC 11-3B-7C.2. The plat should be revised accordingly. A 25-foot wide landscape buffer to adjoining residential uses is required on the C-G zoned portion of the site to future single-family homes to the east as proposed landscaped per the standards listed in UDC 11-3B-9C. Because of the high intensity of commercial uses proposed on this site, Staff recommends additional trees (i.e. a mix of evergreen and deciduous) are provided within the landscape buffer to result in barrier that allows trees to touch at maturity in accord with UDC 11-3B-9C.1 in addition to the proposed landscaping and fencing. Qualified Open Space (UDC 11-3G): A minimum of 10% (or 1.8 acres) qualified open space is required to be provided for the single- family residential portion of the development based on 17.97 acres of land per the standards listed in UDC 11-3G-3B. A qualified open space exhibit was submitted as shown in Section VII.D that depicts 2.19 acres (or 12.19%) of open space in excess of UDC standards consisting of parkways along all streets, a collector street buffer and common area in excess of 50’ x 100’ in area. Qualified Site Amenities (UDC 11-3G): A minimum of one (1) qualified site amenity is required to be provided for the single-family residential portion of the development based on 17.97 acres of land per the standards listed in UDC 11-3G-3C. A children’s play structure is proposed as an amenity in the common area depicted on the qualified open space exhibit as play area. Waterways (UDC 11-3A-6): A waterway runs along the southern portion of this site and is proposed to be piped with this development in accord with the standards listed in UDC 11-3A-6B.3. Fencing (UDC 11-3A-6, 11-3A-7): All fencing constructed on the site is required to comply with the standards listed in UDC 11-3A- 7. A 6-foot tall wood privacy fence is proposed along the north, east and west boundaries of the residential portion of the site in accord with UDC standards. The developer is required to construct fencing abutting pathways and common open space lots in residential areas to distinguish common from private areas; therefore, the landscape plan should depict fencing accordingly. Utilities (UDC 11-3A-21): Connection to City water and sewer services is proposed in accord with UDC 11-3A-21. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII.B below for Public Works comments/conditions. Although this development falls within the North McDermott Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developer’s proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. This development shall be required to install the permanent force main (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada Meridian City Council Meeting Agenda June 4, 2019 – Page 162 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 194 of 542 Page 15 School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades pursuant to meridian city code section 8-6-5. Water service being provided by Suez Water Idaho. Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. Pressurized Irrigation System (UDC 11-3A-15): An underground pressurized irrigation system is required to be provided for each lot within the development. Storm Drainage (UDC 11-3A-18): An adequate storm drainage system is required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City as set forth in UDC 11-3A-18. Building Elevations (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the proposed 2-4 story hospital, 3-story medical office buildings, 3-story office buildings and 2-story flex-tech buildings as shown in Section VII.F. All single-family attached structures, the assisted living facility and all commercial structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review application is required prior to issuance of building permits. Single-family detached structures are exempt from this requirement. VI. DECISION A. Staff: Staff recommends approval of the proposed Annexation & Zoning with the requirement of a Development Agreement and Preliminary Plat per the conditions included in Section VIII in accord with the Findings in Section IX. B. The Meridian Planning & Zoning Commission heard these items on March 21 and April 18, 2019. At the public hearing on April 18th, the Commission moved to recommend approval of the subject AZ and PP requests. 1. Summary of Commission public hearing: a. In favor: Mike Wardle, Brighton Corporation; Jon Wardle, Brighton Corporation; Tonn Peterson, Ball Ventures Ahlquist; and David Turnbull, Brighton Corporation. b. In opposition: Lucretia Wilson c. Commenting: Robin Hayes, Matthew Restucci, David Dorrough, Keith McGregor, Michelle Dorrough, Karen Garcia; Tamela Paxman; and Denise LaFever. d. Written testimony: Mike Wardle, Brighton Corporation e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Mark Niemeyer 2. Key issue(s) of public testimony: a. Hayes – Loss of agricultural land due to development; concern pertaining to the general public accessing the private street (Old School Ln.) from the two public stub streets; would like to have water & sewer stubs constructed to the north boundary as close to the first phase as possible, private street” signage installed at the entrances to Old School Ln., good construction trash & weed control, construction guest management, retention of their address (i.e. Pollard Ln.), construction on the site cease daily by 6:00 pm, snow removal, and noise & light pollution; Meridian City Council Meeting Agenda June 4, 2019 – Page 163 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 195 of 542 Page 16 b. Restucci – Remove northern portion of Pollard Ln. once public stub streets are constructed to north boundary with the residential portion of the development; c. Meridian Research Park (development to the west of the subject property) – prefers the current location of the east/west street (i.e. Waverton) in alignment with the main entrance to Franklin Sensors as opposed to the proposed location further to the north; safety concerns pertaining to truck and vehicle traffic going through the hospital site to access Meridian Research Park and extra turning movements – prefer hospital location on the east side of N. Levi Ave.; d. LaFever - Concern pertaining to the impact on taxpayers by possibly having to build a fire station and get equipment sooner than envisioned to service this area and whether the City will purchase land to build or lease the space for the Police substation or if the Developer will be donating the lease space as a quasi-public space for the development; concern pertaining to the intensity of uses planned on this site and associated traffic impacts on SH-20/26 and SH-16; would like to see the 24/7 hours of operation of the hospital go through the CUP process (which it will because a hospital use requires CUP approval in a C-G zoning district). 3. Key issue(s) of discussion by Commission: a. Refinement needed to the site plan for the public/quasi-public spaces provided within the commercial portions of the development referenced in A.1e and f; b. Concern pertaining to receiving a draft staff report from ACHD the day of the meeting on 3/21 and not having adequate time to review the report prior to the hearing; and concern pertaining to outstanding issues noted in their memo that need to be addressed; c. Would like to see revisions to the conceptual development plan as noted in Section VIII before the Commission makes a recommendation to Council on the application – continued public hearing to April 18th in order to receive final ACHD report to address the roadway concerns and effects on adjacent properties, additional time to understand Fire Dept. needs and abilities to service this project and see revisions to the concept plan in response to items noted in Section VIII; d. Timing for construction of Waverton to the east in Fairborne Subdivision from N. Black Cat Rd.; e. Location of a sewer lift station on site; and, f. Location of the east/west collector street (Waverton) and access to the Franklin Sensor/Meridian Research Park property. 4. Commission change(s) to Staff recommendation: a. Modification to condition #A.2c in Section VIII to allow the street buffer to be in a permanent dedicated buffer or a 20-foot wide common lot; b. Modification to condition #A.6 in Section VIII to require the detail of the children’s play equipment to be submitted with the “applicable residential” final plat application; c. Modification to condition #A.3f to allow alternative compliance to be requested to the requirement for a berm or berm/wall combination to be provided within the street buffer as noise abatement adjacent to SH-20/26 if the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer as allowed by UDC 11-3H-4D.4; d. Modification to condition #B.1.2 in Section VIII to require the lift station to be located at the northwest corner of the subject property as proposed by the Applicant on a 50’ x 120’ parcel; 5. Outstanding issue(s) for City Council: a. The Commission directed the Applicant to work with their neighbors to the west (i.e. Franklin Sensors) to find a solution on the transportation/road issue as well as provision of signage at Levi and the driveway south of the hospital to the west and Waverton to direct truck vs. car traffic to the Franklin Sensors site; and, b. Per the specific use standards, hospitals providing emergency care are required to have direct access on an arterial street – the access proposed will be via a collector street from SH-20/26 from which access is prohibited except at the half mile between section line roads. The City Council should determine if this meets the intent of the requirement; if so, it should be memorialized in the Development Agreement. Meridian City Council Meeting Agenda June 4, 2019 – Page 164 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 196 of 542 Page 17 C. The Meridian City Council heard these items on May 21, 2019. At the public hearing, the Council moved to approve the subject AZ and PP requests. 1. Summary of the City Council public hearing: a. In favor: Jon Wardle and David Turnbull, Brighton Corporation; Robin Hayes b. In opposition: Jacob Barrett, Franklin Sensors c. Commenting: David and Michelle Dorrough, Keith McGregor, Karen Garcia, and Lucretia Wilson, Franklin Sensors; d. Written testimony: Keith McGregor & David Dorrough, Franklin Sensors e. Staff presenting application: Sonya Allen f. Other Staff commenting on application: Joe Bongiorno, Fire Dept. 2. Key issue(s) of public testimony: a. Opinion that the proposed zoning of the commercial portion of the site isn’t consistent with the associated FLUM designations and needs an amendment to the FLUM; b. Against proposed relocation of the east/west collector street – preference for the current location and it’s alignment to the entry of the Franklin Sensors building; c. Concern pertaining to safety of left-hand turn movements on the site; d. Concern pertaining to financial burden to taxpayers and congestion from this development. 3. Key issue(s) of discussion by City Council: a. The appropriateness of the proposed commercial zoning in relation to the FLUM designations for this site in response to Mr. Barrett’s assertions; b. The objections of the relocation of the east/west collector street further to the north not in alignment with the Franklin Sensors building entrance – when development occurs in the County (from the outside in, instead of from the inside out) problems with alignment of streets when adjacent properties annex and develop, preference for development to occur in a well-planned, orderly manner to avoid these types of issues. c. The issue of whether or not the north/south collector street (Levi) meets the intent of the UDC requirement for hospitals providing emergency care to have direct access onto an arterial street. 4. City Council change(s) to Commission recommendation: a. The Council deemed the north/south collector street (N. Levi Ave.) meets the intent of UDC 11-4-3-22 which requires hospitals that provide emergency care to have direct access on an arterial street (see DA provision #A.1h in Section VIII). Meridian City Council Meeting Agenda June 4, 2019 – Page 165 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 197 of 542 Page 18 VII. EXHIBITS A. Annexation & Zoning Legal Description and Exhibit Map Meridian City Council Meeting Agenda June 4, 2019 – Page 166 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 198 of 542 Page 19 Meridian City Council Meeting Agenda June 4, 2019 – Page 167 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 199 of 542 Page 20 Meridian City Council Meeting Agenda June 4, 2019 – Page 168 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 200 of 542 Page 21 Meridian City Council Meeting Agenda June 4, 2019 – Page 169 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 201 of 542 Page 22 Meridian City Council Meeting Agenda June 4, 2019 – Page 170 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 202 of 542 Page 23 Meridian City Council Meeting Agenda June 4, 2019 – Page 171 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 203 of 542 Page 24 Meridian City Council Meeting Agenda June 4, 2019 – Page 172 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 204 of 542 Page 25 B. Preliminary Plat (date: 1/10/2019) & Phasing Plan Meridian City Council Meeting Agenda June 4, 2019 – Page 173 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 205 of 542 Page 26 Meridian City Council Meeting Agenda June 4, 2019 – Page 174 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 206 of 542 Page 27 Meridian City Council Meeting Agenda June 4, 2019 – Page 175 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 207 of 542 Page 28 C. Landscape Plan (date: 1/10/2019) Meridian City Council Meeting Agenda June 4, 2019 – Page 176 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 208 of 542 Page 29 Meridian City Council Meeting Agenda June 4, 2019 – Page 177 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 209 of 542 Page 30 Meridian City Council Meeting Agenda June 4, 2019 – Page 178 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 210 of 542 Page 31 D. Qualified Open Space Exhibit (dated: 3/15/19) Meridian City Council Meeting Agenda June 4, 2019 – Page 179 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 211 of 542 Page 32 E. Site Plan - Revised Meridian City Council Meeting Agenda June 4, 2019 – Page 180 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 212 of 542 Page 33 F. Conceptual Building Elevations/Perspectives (dated: 1/10/19) Meridian City Council Meeting Agenda June 4, 2019 – Page 181 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 213 of 542 Page 34 Medical Office Building: Meridian City Council Meeting Agenda June 4, 2019 – Page 182 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 214 of 542 Page 35 Meridian City Council Meeting Agenda June 4, 2019 – Page 183 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 215 of 542 Page 36 Meridian City Council Meeting Agenda June 4, 2019 – Page 184 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 216 of 542 Page 37 Photos of Existing Flex-Tech Buildings: Meridian City Council Meeting Agenda June 4, 2019 – Page 185 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 217 of 542 Page 38 Conventional Single-Family Home Elevations: Meridian City Council Meeting Agenda June 4, 2019 – Page 186 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 218 of 542 Page 39 Meridian City Council Meeting Agenda June 4, 2019 – Page 187 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 219 of 542 Page 40 Meridian City Council Meeting Agenda June 4, 2019 – Page 188 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 220 of 542 Page 41 Meridian City Council Meeting Agenda June 4, 2019 – Page 189 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 221 of 542 Page 42 Meridian City Council Meeting Agenda June 4, 2019 – Page 190 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 222 of 542 Page 43 G. Pedestrian Circulation Plan & Public/Quasi-Public Spaces & Places - Revised Note: The public plaza areas depicted are not approved with this application to count toward the minimum 5% required in the Comprehensive Plan. Subsequent review & approval of these areas will take place with review of Certificates of Zoning Compliance for each commercial area. VIII. CITY/AGENCY COMMENTS & CONDITIONS Prior to the City Council hearing, Staff recommends the Applicant revise the conceptual site plan as follows: Depict supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). The Applicant submitted a revised site plan (included in Section VII.G) that depicts public plaza areas adjacent to collector streets within the development that are not central or connected to adjacent buildings as desired. While the areas depicted are nice entry features, Staff recommends more central, connected plaza areas are planned with development of each commercial area through provisions in the Development Agreement. The office structure proposed near the east boundary of the site should be shifted further to the west or to the north along Narbeth Dr. to create more of a spatial separation between the 3-story structure and future single-level patio homes to the east in Fairbourne Subdivision; or, it should be reduced to a 2-story structure because the structure is not proportional to and will not blend in with the adjacent residential buildings per the following Comprehensive Plan provision: “Non-residential buildings should be proportional Meridian City Council Meeting Agenda June 4, 2019 – Page 191 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 223 of 542 Page 44 to and blend in with adjacent residential buildings.” The office structure was shifted further to the west away from the adjacent residential property boundary resulting in a 160’+ separation to future residential uses which Staff feels provides an appropriate separation and negates the need for commercial structures to be proportional and blend with residential buildings. The 3-story office structure proposed near the east boundary of the site adjacent to the future single-level patio homes should be shifted further to the west or to the north next to the street (Narbeth Dr.) to create more of a spatial separation to the future single-level patio homes; or the height of the structure should be reduced to 2-stories in accord with the following Comprehensive Plan provision: “Non-residential buildings should be proportional to and blend in with adjacent residential buildings.” Additionally, if a 4th office building is proposed, it should be depicted on the plan. Same as noted above. Depict the sewer lift station on the subject property instead of on the adjacent property to the west. Condition #B.1.2 below includes requirements for the sewer lift station. The specific use standards for flex space uses prohibit roll-up doors from being visible from a public street (UDC 11-4-3-18); the flex space buildings are proposed to have roll-up doors which will be face the collector street. Staff recommends the buildings be relocated so they each front on public streets (i.e. Waverton & Narbeth) or rotate the buildings 90 degrees with the rear of the structures facing each other; or some other alternative that allows compliance with this standard. The Applicant proposes to construct a berm with a fence on top to screen the roll-up doors from the public street; a cross-section of the berm/wall will be provided with the Certificate of Zoning Compliance/Design Review application that demonstrates the doors will be screened from the public street in accord with this requirement. A. PLANNING DIVISION 1. A Development Agreement (DA) is required as a provision of annexation of this property. Prior to approval of the annexation ordinance, 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 Planning Division within six (6) months of the City Council granting the annexation. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual site plan, conceptual building elevations, preliminary plat, phasing plan, landscape plan, qualified open space exhibit and pedestrian circulation plan included in Section VII and the provisions contained herein. b. All single-family attached homes, the assisted living facility and all commercial structures shall comply with the design standards listed in the Architectural Standards Manual. An application for Design Review shall be submitted concurrently with the Certificate of Zoning Compliance application and approved prior to submittal of building permit applications. c. A cross-access easement shall be recorded that provides access to the out-parcel S0421438700) at the southeast corner of the site and a driveway shall be provided for access and interconnectivity with the subject property in accord with UDC 11-3A-3A.2. Meridian City Council Meeting Agenda June 4, 2019 – Page 192 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 224 of 542 Page 45 d. A 10-foot wide multi-use pathway shall be constructed within the street buffer along the W. Chinden Blvd./SH-20/26 in accord with UDC 11-3H-4C.4; landscaping shall be provided along either side of the pathway as set forth in UDC 11-3B-12C. e. Buildings within the commercial portions of the development shall be arranged to create some form of common, usable area, such as a plaza or green space as set forth in the Comprehensive Plan for mixed use designated areas (see pg. 23 of the Comprehensive Plan). f. Supportive and proportional public and/or quasi-public spaces and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries, and schools that comprise a minimum of 5% of the development area shall be provided within the mixed use portion of the development as set forth in the Comprehensive Plan (outdoor seating areas at restaurants do not count) (see pgs. 24 & 28 of the Comprehensive Plan). More central, connected plaza/outdoor gathering areas should be planned adjacent to buildings with development of each commercial area; those depicted on the site plan in Section VII.G do not all qualify toward the minimum requirements. g. Buildings, landscaping, and other design features near the SH-16/SH-20/26 interchange need to reflect Meridian’s heritage, quality, and character as one of the regional gateways to the City of Meridian in accord with the Comprehensive Plan (see pg. 33). h. The north/south collector street (N. Levi Ave.) was deemed by City Council to meet the intent of the UDC (11-4-3-22) requirement for hospitals that provide emergency care to have direct access on an arterial street. 2. The preliminary plat included in Section VII.B, shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block 1 adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5-foot wide landscape buffer as set forth in UDC 11-6C-3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stubbing at the north boundary shall be public. c. Depict a 20-foot wide common lot or a permanent dedicated buffer for the street buffer along W. Waverton Dr. on Lot 24, Block 1 in accord with UDC 11-3B-7C.2ab. d. Depict street buffers along W. Chinden Blvd./SH-26/26, N. Levi Ave., and W. Waverton Dr. in the C-G district on a common lot or on a permanent dedicated buffer in accord with UDC 11-3B-7C.2b. e. Depict street sections on the plat. f. Depict lot square footage for each residential lot. g. Depict a cross-access easement to the out-parcel at the southeast corner of the site in accord with UDC 11-3A-3A.2. 3. The landscape plan included in Section VII.C shall be revised as follows: a. If solid fencing is proposed on Lot 61, Block 1 adjacent to the common driveway on Lot 62, Lot 62 shall be widened an additional 5 feet to accommodate the required 5-foot wide landscape buffer as set forth in UDC 11-6C-3D.5. b. The private streets (i.e. N. Restucci Ln. and N. Schwenkfelder Ln.) depicted stubbing at the north boundary from W. Tree Crest St. shall be public. Meridian City Council Meeting Agenda June 4, 2019 – Page 193 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 225 of 542 Page 46 c. One (1) additional tree shall be added within the street buffer along N. Levi Ave. in accord with UDC 11-3B-7C.3b. d. Include additional trees (i.e. a mix of evergreen and deciduous) within the landscape buffer to adjoining residential uses from commercial uses along the east boundary to result in a barrier that allows trees to touch at maturity in accord with UDC 11-3B-9C.1. e. Depict fencing on building lots adjacent to common open space lots in residential areas to distinguish common from private areas as set forth in UDC 11-3A-7A.7. f. Depict noise abatement within the street buffer along SH-20/26 adjacent to the hospital in the form of a berm or a berm and wall combination that is a minimum of 10 feet higher than the elevation at the centerline of the state highway as set forth in UDC 11-3H-4D; include a cross-section of the berm and/or wall in relation to the centerline of the highway as a detail on the plan or a separate exhibit. The Director may approve alternative compliance as set forth in UDC 11-5B-5 where the Applicant has a substitute noise abatement proposal in accord with ITD standards and prepared by a qualified sound engineer per UDC 11-3H-4D.4. 4. Direct lot access via W. Chinden Blvd./SH-20/26 is prohibited per UDC 11-3H-4B.2. 5. The existing easements/right-of-way noted on Sheet PP1.1 of the plat shall be vacated prior to signature on the final plat by the City Engineer. 6. Submit a detail of the children’s play equipment with the applicable residential final plat application. 7. An exhibit is required to be submitted with the final plat application for lots accessed by the common driveway on Lot 62, Block 1 that depicts the setbacks, fencing, building envelope and orientation of the lots and structures. Driveways for abutting properties that aren’t taking access from the common driveway(s) should be depicted on the opposite side of the shared property line away from the common driveway. Solid fencing adjacent to common driveways is prohibited unless separated by a minimum 5-foot wide landscaped buffer. 8. A perpetual ingress/egress easement for the common driveway(s) shall 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. A copy of the easement shall be submitted to the Planning Division prior to signature on the final plat. 9. A 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathway within the street buffer along SH-20/26 if the pathway is located outside of ITD’s right-of-way; coordinate the details of the easement with Kim Warren, Park’s Department. 10. Signage for addressing needs to be provided at the public street for homes on Lots 63 & 64, Block 1 accessed by the common driveway for emergency wayfinding purposes. 11. All single-family attached structures, the assisted living facility and all commercial structures are required to comply with the design standards listed in the Architectural Standards Manual. Submittal and approval of a Certificate of Zoning Compliance and Design Review application is required prior to issuance of building permits. Single-family detached structures are exempt from this requirement. Meridian City Council Meeting Agenda June 4, 2019 – Page 194 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 226 of 542 Page 47 B. PUBLIC WORKS 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 1.2 Although this development falls within the North McDermott Sewer Trunkshed, mainlines that will provide service do not exist at this time. The Public Works Department has evaluated and conceptually approved the developer’s proposal to temporarily pump wastewater to the adjacent Black Cat Trunkshed to the East. The permanent Lift Station site, contemplated in the Meridian Wastewater Master Plan, is located north of the subject development and on the west side of N. Pollard Lane. However, the developer is proposing to locate the Lift Station in the northwest corner of the proposed development, which shall be required. The developer shall be required to work out the final design location with the Public Works Department, and deed the necessary land (a 50’ x 120’ parcel) to the city with completion of the station. The Lift Station shall be satisfactorily completed and accepted prior to the first occupancy permit being issued within the development. This development shall be required to install the permanent forcemain (dryline) under Chinden to facilitate an easy transition when service from the McDermott Trunkshed becomes available. 1.3 This development is subject to paying reimbursement fees for The Oaks Lift Station and Pressure Sewer Reimbursement Agreement, and the West Ada School District Reimbursement Agreement for Oaks Lift Station Pump Upgrades (currently under development) pursuant to meridian city code section 8-6-5 1.4 Water service being provided by Suez Water Idaho. Applicant will need to work closely with Suez and the City of Meridian to ensure that adequate water flow and pressures can be provide to the development to provide for domestic needs and fire protection. 2. General Conditions of Approval 2.1 Applicant shall coordinate water and sewer main size and routing with Suez Water Idaho, and the Meridian 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 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. 2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right of way. The easement widths shall be 20-feet wide for a single utility. 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 Meridian City Council Meeting Agenda June 4, 2019 – Page 195 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 227 of 542 Page 48 note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). The applicant 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 may be necessary. 2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 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 addressed 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. 2.7 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. 2.8 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. 2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, and road base approved by the Ada County Highway District prior to issuance of building permits. 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. 2.11 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 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. 2.13 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. 2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 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. Meridian City Council Meeting Agenda June 4, 2019 – Page 196 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 228 of 542 Page 49 2.18 The design 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. 2.19 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. 2.20 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. 2.21 A street light plan will need to be included in the civil construction plans. 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.meridiancity.org/public_works.aspx?id=272. 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. 2.23 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, and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/161916/Page1.aspx D. POLICE DEPARTMENT http://weblink.meridiancity.org/weblink8/0/doc/162994/Page1.aspx E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO (COMPASS) http://weblink.meridiancity.org/weblink8/0/doc/163824/Page1.aspx F. SETTLER’S IRRIGATION DISTRICT Plans must be submitted to Settler’s Irrigation District for comment and review prior to construction. G. NAMPA & MERIDIAN IRRIGATION DISTRICT (NMID) http://weblink.meridiancity.org/weblink8/0/doc/162719/Page1.aspx Meridian City Council Meeting Agenda June 4, 2019 – Page 197 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 229 of 542 Page 50 H. CENTRAL DISTRICT HEALTH DEPARTMENT (CDHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=161962&dbid=0 I. DEPARTMENT OF ENVIRONMENTAL QUALITY (DEQ) http://weblink.meridiancity.org/weblink8/0/doc/162389/Page1.aspx J. ADA COUNTY HIGHWAY DISTRICT (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=164957&dbid=0 K. IDAHO TRANSPORTATION DEPARTMENT (ITD) http://weblink.meridiancity.org/weblink8/0/doc/163888/Page1.aspx L. VALLEY REGIONAL TRANSIT (VRT) Per an email from Brian Parker, VRT, on March 15, 2019, VRT has no plans to serve SH-16 or W. Chinden Blvd. west of Linder Rd. IX. FINDINGS A. Annexation and/or Rezone (UDC 11-5B-3E) Required Findings: Upon recommendation from the commission, the council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; The City Council finds the Applicant’s proposal to annex and develop the subject 71.3 acre property with R-8 and C-G zoning is consistent with the associated FLUM designations for this property. (See section V above for more information.) 2. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds the proposed map amendment and development complies with the purpose statements of the residential and commercial districts in that it will provide for a range of housing opportunities and retail and service needs for the community consistent with the Comprehensive Plan. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds the proposed map amendment should not be detrimental to the public health, safety and welfare as the proposed residential and commercial uses should be compatible with adjacent existing and future residential and commercial uses in the area. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including, but not limited to, school districts; and The City Council finds City services are available to be provided to this development. 5. The annexation (as applicable) is in the best interest of city. The City Council finds the proposed annexation is in the best interest of the City. Meridian City Council Meeting Agenda June 4, 2019 – Page 198 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 230 of 542 Page 51 B. Preliminary Plat (UDC 11-6B-6) In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision making body shall make the following findings: (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) 1. The plat is in conformance with the comprehensive plan and is consistent with this unified development code; (Ord. 08-1372, 7-8-2008, eff. 7-8-2008) The City Council finds the proposed plat is generally in conformance with the UDC if the Applicant complies with the conditions of approval in Section VIII. 2. Public services are available or can be made available ad are adequate to accommodate the proposed development; The City Council finds public services can be made available to the subject property and will be adequate to accommodate the proposed development. 3. The plat is in conformance with scheduled public improvements in accord with the city's capital improvement program; The City Council finds the proposed plat is in substantial conformance with scheduled public improvements in accord with the City’s CIP. 4. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. 5. The development will not be detrimental to the public health, safety or general welfare; and The City Council finds the proposed development will not be detrimental to the public health, safety or general welfare. 6. The development preserves significant natural, scenic or historic features. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005) The City Council is unaware of any significant natural, scenic or historic features that need to be preserved with this development. Meridian City Council Meeting Agenda June 4, 2019 – Page 199 of 467Meridian City Council Meeting Agenda July 9, 2019 – Page 231 of 542 EIDIANC?-- DAJ CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 E Project File Name/Number: Villasport H-2018-0121 Item Title: Development Agreement for Villasport With Sadie Creek Commons, LLC., (owner/developer). Located at the SW Corner of E. Ustick Rd. and N. Eagle Rd. Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 3.E . Presenter: S onya Allen Estimated Time f or P resentation: 0 Title of I tem - D evelopment Agreement for Villasport (H-2018-0121) with S adie C reek C ommons, L L C ., (Owner/Developer) L ocated at the S W Corner of E . Ustick Rd. and N. E agle Rd. D evelopment Agreement between the City of Meridian and Sadie Creek Commons, L L C for Villasport (H-2018-0121) AT TAC HM E NT S: Description Type Upload D ate Development A greement-Villasport A greements / C ontracts 6/25/2019 E xhibit A-Villasport H-2018-0121 E xhibit 6/25/2019 E xhibit B -Villasport H-2018-0121 & VA R H-2019-0032 E xhibit 6/25/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 232 of 542 ADA COUNTY RECORDER Phil McGrane 2019-060877 BOISE IDAHO Pgs=53 LISA BATT 07/10/2019 03:29 PM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: I City of Meridian 2, Sadie Creek Commons, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this_ day of j(A2019, by and between City of Meridian, a municipal corporation of the State of Who, hereafter called CITY whose address is 33 E, Broadway Avenue, Meridian, Idaho 83642 and Sadie Ci -eels Commons, LLC, whose address is 10789 W. Twain Ave. #200, Las Vegas, NV 89135, hereinafter called OWNER/DEVELOPER, I , RECITALS: 1,1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1,2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1,3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted applications for, and the City has approved, modification to an existing Development Agreement Instrument # 108008770, which covers the Property for 1138 acres of land, a variance from applicable setback standards, and a conditional use permit, 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 hearing 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 modification of development agreement, variance, and conditional use permit held before the City Council, includes responses of government subdivisions providing services within the DEVELOPMENT AGREEMENT— VILLASPORT (H-2018-0121) PAor: l or, 8 �l M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 7 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 8 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 2 3 9 o f 5 4 2 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Sadie Creels Commons, LLC., C - 77: 7- ,r ' By: Ili' Its: 'l� CITY OF MERIDIAN ATTEST: o�pSED AUGUST Q O� B'C? w Mayor Tammy e�Veetd Is J IIDIAN+-- IDAHO r� SEAL r, STATE OF-�yHO NO-, SS: �ofthe TRE.A�� County ofA4ft ) On this 01%ay of Q/ , 2019, before tine, the undersigned, a Notary Public in and for said State, personally appeared __41 t_ , s known or identified to me to be of Sadie Creek Commons, LLC and the person who signed above and acknowledged to tine that lie execuiedied tig same on behalf of said corporation. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) MARCIA GIORDANO Notary Public State of Nevada No. 16-2966.1 Notary Public for Win MyAppt. Exp. June 30, 2020 Residing at:— j}')$er (N, Tcoy I /fyt' ZQP LAf `6P '?S' NV S'yl3Sl IV'V- V V My Commission Expires: TLtIn2 ? J Zo 0 STATE OF IDAHO ss County of Ada ) On this C * day of JUN 2019, before me, allotary Public, personally appeared Tammy de Weerd and Chris Johnson, known or idenf fled 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 M1-14 CHARLENE WAY 0 )0 nQ uxmt- AL)COMMISSION #67390 Notary Public or Idaho U NOTARY PUBLIC Residing at: STATE OF IDAHO Commission expires: - - a MY COMMISSION EXPIRES 3/28/22 DEVELOPMENT AGREEMENT- VILLASPORT (H-2018-0121) PAGE 8 OF 8 Meridian City Council Meeting Agenda July 9, 2019 – Page 241 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 242 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for a Modification to the Development Agreement to Remove the Subject Property from the Original Agreement and Enter into a New Agreement for the Proposed Development; and a Variance to the Minimum Setback Standards Listed in UDC 11-4-3-2A.1 and 11-4-3-2A.2 for Villasport, by Sadie Creek Commons, LLC. Case No(s ). H-2018-0121; H-2019-0032 For the City Council Hearing Date of: April 2, 2019 (Findings on April 23, 2019) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 2, 2019, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 2, 2019, 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. Meridian City Council Meeting Agenda April 23, 2019 – Page 219 of 699 EXHIBIT B Meridian City Council Meeting Agenda July 9, 2019 – Page 243 of 542 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 2, 2019, 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 Development Agreement Modification and Variance is hereby approved per the provisions in the Staff Report for the hearing date of April 2, 2019, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six (6) months of the city council granting the modification. 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. 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 April 2, 2019 Meridian City Council Meeting Agenda April 23, 2019 – Page 220 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 244 of 542 By action of the City Council at its regular meeting held on the '23 day of t r 2019. COUNCIL PRESIDENT JOE BORTON VOTED P COUNCIL VICE PRESIDENT LUKE CAVENER VOTED COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED COUNCIL MEMBER TY PALMER VOTED_P COUNCIL MEMBER TREG BERNT VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED TIE BREAKER) Mayor Ta y Weerd P Ep AU, vs Attest: O 2 ('ity of g ID1ANi`"` IDAHO Dh'' Jo nso r„+-- 04" 1-1, sem, SEAL the Copy served upon Applicant, Community Development Department, Public Works Department and City Attorney. By; Qj&ru— 11U Dated: Y -C93 C 619 City Clerk's Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER FILE NO(S). H-2018-0121; H-2019-0032 -3 - Meridian City Council Meeting Agenda July 9, 2019 – Page 245 of 542 EXHIBIT A Page 1 HEARING DATE: April 2, 2019 Continued from: 1/22/2019 & 2/19/19 TO: Mayor & City Council FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 (MDA); H-2019-0032 VAR) Villasport – MDA, VAR LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) (Inst. 108008770, Sadie Creek Commons) to remove the subject property from the agreement and enter into a new agreement for the proposed development. A Variance is also requested to the minimum setback standards listed in UDC 11-4-3-2A.1 for outdoor recreation areas and structures that are not fully enclosed to maintain a minimum setback of 100 feet from any abutting residential district; and 11-4-3-2A.2 that restricts an outdoor event or activity center from being located within 50 feet of any property line. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT Meridian City Council Meeting Agenda April 23, 2019 – Page 222 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 246 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary B. Project Area Maps Description Details Page Acreage 11.39 Future Land Use Designation MU -R (mixed -use regional) Existing Land Use Vacant/undeveloped Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service) ; and retail Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); MDA-13-005 (amended DA that was never executed & has since expired); A-2018-0361 (PBA –reconfigured 2 existing parcels , ROS #11747 ) Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 23, 2019 – Page 223 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 247 of 542 Page 3 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING City Council Posting Date (MDA) City Council Posting Date (VAR) Legal notice published in newspaper 2/1/2019 3/15/2019 Radius notification mailed to properties within 300 feet 1/29/2019 3/12/2019 Nextdoor posting 1/29/2019 3/12/2019 Public hearing notice sign posted on site 2/7/2019 3/21/2019 V. STAFF ANALYSIS Development Agreement Modification: The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. 108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development/site. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses on 15.33 acres of land; three Meridian City Council Meeting Agenda April 23, 2019 – Page 224 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 248 of 542 Page 4 3) accesses were approved via E. Ustick Rd. and one right-in/right-out was approved via N. Eagle Rd. (see Section VII.A). The provisions in the DA pertain to that development plan and is applicable to the subject property as well as the out-parcel at the northeast corner of this site. A new conceptual development plan and building elevations are proposed with the subject application that demonstrate how the property is now proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). Note: A concurrent conditional use permit (CUP) application was submitted with the subject MDA application that was approved by the Commission contingent upon Council approval of the MDA application. Since that approval, the Applicant submitted a request for City Council review (H- 2019-0011) of the Commission’s decision on several conditions associated with the CUP; this request will be scheduled on the same agenda before the MDA application. If Council approves any changes to the CUP conditions through the Council Review request, the DA provisions in Section VIII of this report should be updated accordingly. Variance: A Variance is requested to two (2) sections of the UDC as follows: UDC 11-4-3-2A.1 states, “ All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of 100 feet from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 100’ of the residential district to the south which adjoins the southern property line of this site. A landscaped common area (7+ feet wide) with a 6-foot tall solid fence and a street separates the site from the adjacent residential properties to the south. The Applicant is also proposing to landscape a 6-foot wide area on the other side of the fence on this site which will assist in buffering the noise and light from the site. The residential zoning in this area is unique in that it stretches to the opposite side of the road from the residential area to the south and includes a common area along the street which abuts this site. Typically, zoning goes to the centerline of adjacent streets. This irregularity creates a wider setback than would normally be required for outdoor recreation uses on this site. Another consideration is if the commercial directly abutted the residential property line(s) without a street separating the uses, the setback would be calculated from the common property line rather than the centerline of the street resulting in a lesser setback. Staff recommends Council examine the intent of this requirement when considering the variance request. The Applicant requests the required setback is reduced as depicted on the site plan in Section VII.C, which can be interpreted several different ways based on the discussion above, as follows: o If measured from the centerline of the street, the setback would be 33 feet to the turf area and 43 feet to the pool deck at its narrowest point; or , o If measured from the residential district, the setback would be 6 feet to the pool deck area and 11 feet to the turf area; or, o If measured from the property line of the nearest residential structure, the setback would be 68 feet to the pool deck at its narrowest point and 100 feet to the turf area. Meridian City Council Meeting Agenda April 23, 2019 – Page 225 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 249 of 542 Page 5 Staff recommends the Council consider the latter interpretation when making a decision on the Variance request as it best meets the intent of the setback requirement. If Council finds a Variance is appropriate, additional buffering measures such as an 8-foot tall fence or wall and dense landscaping consisting of a mix of conifers and deciduous trees and shrubs should be considered as mitigation. The additional landscaping would also assist in screening the mass of the proposed 37+/- foot tall structure to the residential uses. UDC 11-4-3-2A.2 states, “No outdoor event or activity center shall be located within 50 feet 50’) of any property line and shall operate only between the hours of six o’clock (6:00) AM and eleven o’clock (11:00) PM.” The adult lap pool, concrete pool deck and the outdoor turf area depicted on the site plan are within 50’ of the southern property line at approximately 11 feet for the turf area and 6 feet for the deck area around the pool; the Applicant requests a reduction in the setback accordingly as shown on the site plan in Section VII.C. The same logic discussed above could also be considered by Council for this provision. If the southern boundary of this site directly abutted another buildable lot without a street separating the properties, the area between the property line and the outdoor activity center would actually be less than what is proposed. As proposed, the separation between the residential property line and the outdoor activity center is 68 feet to the pool deck at its narrowest point and 100 feet to the turf area which is much greater than the requirement. Staff recommends the Council consider the intent of the requirement when making a decision on the Variance request. Due to the location of the Milk Lateral, an existing irrigation facility that bisects this site north of the proposed building, the buildable area of the site is constrained. Although the lateral is being piped and shifted further to the north, the topography and slope of the pipe to allow the flow of irrigation water through it is such that the lateral cannot be moved any further to the north to accommodate the required setbacks by shifting the building further to the north than proposed see exhibit in Section VII.C). Additionally, the Applicant states a cross-access easement to Centrepoint Way exists on the east side of the property which further constrains the buildable area. Therefore, the Applicant feels a hardship exists due to the characteristics of the site that make compliance with the setback standards unfeasible. See Applicant’s narrative for more information. Based on the required Findings for Variance requests included in Section IV, the Council should determine if a Variance is appropriate to the above-noted setbacks as requested by the Applicant. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan ) 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 have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan ): The proposed development promotes the following action items contained in the Comprehensive Plan: (staff’s analysis in italics) Meridian City Council Meeting Agenda April 23, 2019 – Page 226 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 250 of 542 Page 6 Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) The proposed athletic club/spa will be located in close proximity to residential uses. Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) The proposed indoor/outdoor athletic club will provide for a variety of recreational, educational and sports opportunities to area residents. Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The outdoor hours of operation of the proposed facility will be limited to 6:00 am 11:00 pm, which should be compatible with adjacent residential uses. Additionally, the outdoor recreation area is required to maintain a minimum setback of 100’ from any abutting residential property line with a home. Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) A landscape buffer/screening will be provided adjacent to residential properties in accord with UDC standards. C. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. A CUP (H-2018-0121) was recently approved, contingent upon Council approval of the subject MDA application, solely for the proposed hours of operation of the facility because the property abuts a residential use and district in accord with UDC 11-2B-3A.4. The Commission allowed the hours of operation for the athletic club and spa to be from 4:00 am to 12:00 am (midnight) for indoor activities and from 6:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10:00 pm. Note: The Applicant has submitted a request for Council review of the Commission’s decision on the CUP application (H-2018-0121) in regard to several UDC standards (see H-2019-0011 for more information). VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement in accord with the provisions in Section VIII; and denial of the proposed Variance based on the Findings in Section IV. Note: Although Staff could make some of the Findings required for the Variance, Staff could not make all of the Findings which is required in order to grant a Variance. Note: The easternmost driveway access via E. Ustick Rd. depicted on the concept plan in Section VII.B requires Council approval of a waiver to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver, is not approved, the site plan should be revised accordingly. Council action is needed on this request. B. The Meridian City Council heard these items on January 22, February 19, and April 2, 2019. At the public hearing, the Council approved the subject MDA and VAR requests. a. Summary of City Council Public Hearing: i. In favor: Tamara Thompson, The Land Group (Applicant’s Representative); Mike Fassler, Villasport; Jeff Bower, Givens-Pursley; Becky Webb; Meridian City Council Meeting Agenda April 23, 2019 – Page 227 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 251 of 542 Page 7 ii. In opposition: Jeffrey Vrba, Jackson Square Homeowner’s Association; iii. Commenting: Jared Schofield; Elizabeth Gammon; Scott Baumann; Carrie Gammon; Denise LaFever; Julie Hysmith; Janet Bailey iv. Written testimony: None v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: Lieutenant Leslie b. Key issue(s) of Public Testimony: i. Not the right location for this type of facility – there are 10-11 fitness centers/gyms within a mile of this site; ii. Against proposed location of outdoor swimming pool and associated noise adjacent to existing homes; iii. Against mass and height of proposed structure in relation to adjacent homes; iv. Against proposed hours of operation (i.e. 5:00 am); v. Concern there is not adequate parking for the site for community events. vi. Traffic concerns generated from the proposed development; c. Key Issues of Discussion by Council: i. Sound mitigation for pump system and development adjacent to residential uses; ii. Traffic impact on adjacent private and residential neighborhood streets and traffic calming for speeding cars on residential streets; iii. How the development area of the site is constrained by the Milk Lateral and an existing access easement; iv. The Findings required in order to grant a Variance. d. Key Council Changes to Staff Recommendation i. City Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. (strike condition #A.1l in Section VIII); ii. Modification to condition #A.1e in Section VIII to allow the outdoor activity center to be located within 6’ of any property line as proposed with the Variance; modification to the hours of operation from 5:00 AM instead of 6:00 AM; and requirement for the slide associated with the swimming pool to close at 9:00 PM (the pool may stay open until 11:00 PM). iii. Modification to condition #A.1f in Section VIII to allow the setback for outdoor recreation areas abutting residential districts as shown on the site plan approved with the variance (H-2019-0032). iv. Modification to condition #A.1h in Section VIII to reflect Council approval of a waiver to not require the outdoor speaker system to be located 100’ from all residential districts; and to include the Applicant’s agreement to limit the hours of operation of the outdoor speaker system from 9:00 AM to 9:00 PM. Meridian City Council Meeting Agenda April 23, 2019 – Page 228 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 252 of 542 Page 8 VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33 acre site, which includes a portionof this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY : 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. Meridian City Council Meeting Agenda April 23, 2019 – Page 229 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 253 of 542 Page 9 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Committee. The road name has been approved as Centrepoint Way. Meridian City Council Meeting Agenda April 23, 2019 – Page 230 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 254 of 542 Page 10 Meridian City Council Meeting Agenda April 23, 2019 – Page 231 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 255 of 542 Page 11 B. Proposed Concept Plan (dated: 10/18/18) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 23, 2019 – Page 232 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 256 of 542 Page 12 Meridian City Council Meeting Agenda April 23, 2019 – Page 233 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 257 of 542 Page 13 C. Variance Exhibits Relocated Milk Lateral (red line) Meridian City Council Meeting Agenda April 23, 2019 – Page 234 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 258 of 542 Page 14 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING 1. Development Agreement Modification A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement Inst. 108008770). A new DA shall be entered into between the City of Meridian, the Property Owner(s), and the Developer. A CZC and DES application shall not be submitted to the City until the DA is approved by City Council and recorded. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. The subject property shall be excluded from the terms of the Development Agreement recorded as Instrument No. 108008770 for Sadie Creek Commons. b. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII, the conditions of approval of the conditional use permit (H-2018-0121), and the provisions contained herein. c. The future structures and site design submitted with subsequent Certificate of Zoning Compliance and Design Review applications shall comply with the standards listed in UDC 11-3A-19 and the Architectural Standards Manual. d. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors except as contained herein approved with the variance. e. No outdoor event or activity center, including but not limited to the swimming pools, shall be located within fifty six feet (50 6') of any property line as shown on the site plan approved with the variance (H-2019-0032) and shall operate only between the hours of six five o'clock (6:00 5:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the water slide associated with the swimming pool which shall close at 9:00 PM (the pool may stay open until 11:00 PM). f. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1 as shown on the site plan included in Section VII.C approved with the variance (H-2019-0032). With the CUP application, the Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. g. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. Meridian City Council Meeting Agenda April 23, 2019 – Page 235 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 259 of 542 Page 15 h. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. City Council waived this requirement through the Council Review request; however, the Applicant did agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00 PM. i. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. j. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. k. A cross-access/ingress-egress easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. l. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. A waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. was approved by City Council. m. Direct access via N. Eagle Rd./SH 55 and E. Ustick Rd., other than the accesses approved by City Council with this application, is prohibited as set forth in UDC 11- 3H-4B. n. A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. o. All of the frontage improvements (i.e. street buffers, sidewalks, pedestrian lighting, etc.) on this site along E. Ustick Rd. and N. Eagle Rd./SH 55 shall be installed with the first phase of development. IX. REQUIRED FINDINGS FROM THE UNIFIED DEVELOPMENT CODE (11-5B-4E) The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-5B-4.E of the UDC to review the variance request. In order to grant a variance, the Council shall make the following findings: A. The variance shall not grant a right or special privilege that is not otherwise allowed in the district: The City Council finds the variance will not grant a right or special privilege because the characteristics of the site warrant the variances. Any development of this site would face the same physical constraints because of the intersecting lateral, cross-access and utility easements. The site characteristics create the need for certain improvements to be concentrated in the southwest portion of the site. The residential zoning to the south is not typical in that it stretches across the street to the back side of the common area/property line instead of the centerline of the street. Meridian City Council Meeting Agenda April 23, 2019 – Page 236 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 260 of 542 Page 16 B. The variance relieves an undue hardship because of characteristics of the site; The City Council finds the variance will relieve an undue hardship caused by characteristics of the site; the buildable area is constrained by the Milk Lateral, an existing irrigation facility that runs diagonally across this property. As part of the project, the Milk Lateralis being buried and relocated but due to the topography of the property, the lateral cannot be moved any further north than proposed. For ongoing maintenance purposes, no structure can be placed over the lateral; therefore, parking is proposed in that area. The location of the lateral forces the project improvements to the southern portion of the property. An Idaho Power facility along Ustick Rd. on the north side of the property and a cross-access easement to Centrepoint Way on the east side of the property further constrains the buildable area to the southwest corner of the property. Strict adherence to the setbacks in the applicable specific use standards would result in undue hardship to any development of this property by drastically reducing the buildable area of the property and preventing use of the property for the proposed and allowed use. C. The variance shall not be detrimental to the public health, safety, and welfare. The City Council finds granting the variance will not be detrimental to the public health, safety and welfare for the following reasons: the residential district to the south is separated by the property by an existing 6-foot tall wooden fence, mature landscaped trees and a local street; the nearest residential lot is approximately 100 feet from the outdoor lap pool and approximately 60 feet from the outdoor turf area; the lap pool and the turf area will not produce material noise or light and the Applicant is taking steps to mitigate noise through the use of canopies and umbrellas and to mitigate light through the use of directional lamps facing downward and away from the property boundary; an additional 6-foot wide landscape buffer will also be added in connection with the project that will further mitigate noise and light to the surrounding area; the project will be fully fenced along the southern boundary of the site and the uses will be fully contained on the property. Meridian City Council Meeting Agenda April 23, 2019 – Page 237 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 261 of 542 Page 1 HEARING DATE: 12/20/2018 TO: Planning & Zoning Commission FROM: Sonya Allen, Associate Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: H-2018-0121 Villasport LOCATION: Southwest corner of E. Ustick Rd. and N. Eagle Rd. in the NE ¼ of Section 5, T.3N., R.1E. Parcels: S1105110067; S1105110100 I. PROJECT DESCRIPTION The Applicant requests a modification to the existing Development Agreement (DA) to remove the subject property from the agreement and enter into a new agreement for the proposed development; and a Conditional Use Permit (CUP) to operate an indoor/outdoor arts, entertainment or recreation facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities and 5:00 am to 11:00 pm for outdoor activities (seasonal) in the C-G zoning district abutting a residential use and district as required by UDC 11-2B-3A.4. Note: The Planning & Zoning Commission is the decision making body on the CUP application; and the City Council is the decision making body on the MDA application. STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT EXHIBIT A Meridian City Council Meeting Agenda April 23, 2019 – Page 238 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 262 of 542 Page 2 II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage 11.39 Future Land Use Designation MU-R (mixed-use regional) Existing Land Use Vacant/undeveloped [temporary uses have been operating on this site (i.e. fireworks, Christmas tree sales] Proposed Land Use(s) Athletic club (i.e. indoor/outdoor entertainment/recreation facility) and spa (i.e. personal service) Current Zoning C-G Proposed Zoning NA Physical Features (waterways, hazards, flood plain, hillside) The Milk Lateral runs along north and east boundaries of site Neighborhood meeting date; # of attendees: July 18, 2018; 6 attendees History (previous approvals) ROS #6418 created the configuration of these parcels approved by the City in 2004. AZ-05-052 (DA #108008770, Sadie Creek Commons); PP-05-053 and CUP-05-049 expired); VAR-05-022 (right-in/right-out access via Eagle Rd.); A-2018-0361 (PBA – currently in process to reconfigure the 2 existing parcels) Meridian City Council Meeting Agenda April 23, 2019 – Page 239 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 263 of 542 Page 3 B. Community Metrics Meridian City Council Meeting Agenda April 23, 2019 – Page 240 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 264 of 542 Page 4 Description Details Page Ada County Highway District Staff report (yes/no) Not yet received Requires ACHD Commission Action yes/no) No Access (Arterial/Collectors/State Hwy/Local)(Existing and Proposed) Traffic Impact Study (yes/no) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Proposed Road Improvements Distance to nearest City Park (+ size) Distance to other key services Fire Service Distance to Fire Station 1.2 miles (Fire Station #3) Fire Response Time 3 minutes (under ideal circumstances) Resource Reliability 80% (does not meet target goal of 85%) Risk Identification 4 (current resources would not be adequate to supply service to this project) Accessibility Meets all required road widths and turnarounds Special/resource needs Requires an aerial device; the closest truck company is 9 minutes travel time (under ideal conditions). This need can be met in the required timeframe if a truck company is required. In the event of a hazmat event, high angle rescue or water rescue, mutual aid will be required. In the event of a structure fire, an additional truck company will be required which will require additional time delays as they are not available in the City. Water Supply 1500 gallons/minute for 2 hours Police Service Distance to Police Station 3.3 miles Police Response Time 3.59 Priority 3; 7.59 Priority 2; 12.56 Priority 1 Calls for Service 946 – mostly related to narcotic violations of calls for service split by priority 1.4% Priority 3; 67.9% Priority 2; 28.1% Priority 1; 2.6% Priority 0 Accessibility No issues Specialty/resource needs No additional needs required Crimes Crashes 100 crashes within a mile of site (11/1/17 – 10/31/18) Wastewater Distance to Sewer Services Sewer Shed Estimated Project Sewer ERU’s WRRF Declining Balance Meridian City Council Meeting Agenda April 23, 2019 – Page 241 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 265 of 542 Page 5 C. Project Area Maps Project Consistent with WW Master Plan/Facility Plan Water Distance to Water Services Pressure Zone Estimated Project Water ERU’s Water Quality Project Consistent with Water Master Plan Impacts/Concerns Grocery Store 0.8 mile COMPASS (Communities in Motion 2040 2.0) 250+/- new jobs Future Land Use Map Aerial Map Zoning Map Planned Development Map Meridian City Council Meeting Agenda April 23, 2019 – Page 242 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 266 of 542 Page 6 III. APPLICANT INFORMATION A. Applicant: Sadie Creek Commons, LLC – 10789 W. Twain Ave. #200, Las Vegas, NV 89135 B. Owner: Same as Applicant C. Representative: Tamara Thompson, The Land Group – 462 E. Shore Drive, Ste. 100, Eagle, ID 83616 IV. NOTICING Planning & Zoning Posting Date City Council Posting Date Legal notice published in newspaper 11/30/2018 Radius notification mailed to properties within 300 feet 11/27/2018 Nextdoor posting 11/27/2018 Public hearing notice sign posted on site 12/7/2018 V. STAFF ANALYSIS The development agreement modification proposes to remove the subject property from the terms of the existing development agreement [i.e. Inst. #108008770, AZ-05-052 Sadie Creek Commons] and enter into a new development agreement for the proposed development. The previously approved conceptual development plan was for a mixed use development consisting of 150,000 square feet of commercial retail, restaurant and office uses (see Section VII.A). The provisions in the DA pertain to that development plan and specifically this site. Meridian City Council Meeting Agenda April 23, 2019 – Page 243 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 267 of 542 Page 7 A new conceptual development plan and building elevations are proposed with the subject application that demonstrates how the property is proposed to develop. The new plan proposes a 99,000+/- square foot 2-story building for an athletic club and spa and a 15,300+/- square foot retail building; associated parking for the proposed uses is also depicted (see Section VII.B). A Conditional Use Permit (CUP) is proposed to operate an indoor/outdoor arts, entertainment or recreation facility and spa from 5:00 4:00 am to 10:00 midnight (12:00 am) pm for indoor activities and 5:00 am to 11:00 pm for outdoor activities (seasonal) in accord with UDC 11-2B-3A.4. The UDC limits business hours of operation in the C-G district when the property abuts a residential use or district; extended hours of operation may be requested through a CUP. This property abuts a residential use and district to the south, thus the reason for the request. A. Future Land Use Map Designation (https://www.meridiancity.org/compplan) 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 have a regional draw with the appropriate supporting uses. Developments are encouraged to be designed according to the conceptual MU-R plan depicted in Figure 3-5 in the Comprehensive Plan as shown below. B. Comprehensive Plan Policies (https://www.meridiancity.org/compplan): The proposed development promotes the following action items contained in the Comprehensive Plan: Plan for an encourage services like healthcare, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings.” (2.01.01C) Develop indoor/outdoor multiple-use facilities (i.e. recreation center, fairgrounds, etc.) for a variety of recreational, educational, cultural and sports purposes and uses.” (6.01.02D) Meridian City Council Meeting Agenda April 23, 2019 – Page 244 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 268 of 542 Page 8 Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) Require screening and landscape buffers on all development requests that are more intense than adjacent residential properties.” (3.06.01G) C. Existing Structures/Site Improvements: There are no existing structures or improvements on this site. D. Proposed Use Analysis: The proposed athletic club is classified as an “arts, entertainment or recreation facility, outdoor” and the spa is classified as a “personal service” in UDC 11-1A-1; both are listed as principal permitted uses in the C-G district per UDC Table 11-2B-2. E. Specific Use Standards (UDC 11-4-3): The proposed athletic club is required to comply with the standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors, as follows: A. General Standards: 1. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts. The playing areas of golf courses, including golf tees, fairways, and greens, are an exception to this standard. (Ord. 07-1325, 7-10-2007) The outdoor recreation area as shown on the site plan is within 100’ of the abutting residential district to the south; the site plan submitted with the Certificate of Zoning Compliance application should be revised to depict the recreation area at least 100’ from the residential district in accord with this requirement. 2. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M. The site plan depicts the pool areas within 50’ of the northern and southern property lines. The site plan submitted with the Certificate of Zoning Compliance application should be revised to comply with this requirement. Note: The proposed property boundary adjustment will alleviate this issue on the north boundary. 3. Accessory uses including, but not limited to, retail, equipment rental, restaurant and drinking establishments, may be allowed if designed to serve patrons of the use only. The Applicant’s narrative states the “VillaCafe” located near the front lobby will serve both members and the public. Although the specific use standards don’t support accessory uses that serve the public, because the C-G district allows retail and restaurant uses as principal permitted uses, Staff is amenable to those uses serving both members and the public as a provision of the DA. 4. Outdoor speaker systems shall comply with section 11-3A-13, "Outdoor Speaker Systems", of this title, which states, “Any outdoor speaker system associated with the use shall be located a minimum of 100 feet from all residential districts. No outdoor speaker systems shall be allowed within a residential district. These standards may be waived through approval of a conditional use permit.” The Applicant should comply with this requirement. Meridian City Council Meeting Agenda April 23, 2019 – Page 245 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 269 of 542 Page 9 B. Additional Standards for Swimming Pools: Any outdoor swimming pool shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of this code. A 6-foot tall non-scalable fence should be depicted on the site/landscape plan submitted with the Certificate of Zoning Compliance application that complies with this requirement. D. Additional Standards for Outdoor Stage or Musical Venue: Any use with a capacity of one hundred (100) seats or more or within one thousand feet (1,000') of a residence or a residential district shall be subject to approval of a conditional use permit. (Ord. 05-1170, 8- 30-2005, eff. 9-15-2005)” Because a residential district and uses exist to the south within 1,000 feet, an outdoor stage or musical venue is not allowed, unless otherwise approved through a subsequent conditional use permit. F. Outdoor Speaker Systems: Outdoor speaker systems associated with the use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. If outdoor speakers are proposed, they should be depicted on the site plan outside of the 100 foot area. G. Dimensional Standards (UDC 11-2): Future development should comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G district. H. Access (UDC 11-3A-3): Access is proposed to be provided to the site via two (2) accesses from E. Ustick Rd., an arterial street – one via N. Centrepoint Way, an existing local street; and one via a new driveway in alignment with N. Cajun Ln. to the south. Access is also available from the south from Eagle Rd. via E. Seville Ln. from Cajun Ln. Note: The new access driveway via Ustick Rd. does not lie entirely on this property; therefore, the proposed location relies on approval from the adjacent property owner – in the absence of this, the driveway will need to be shifted to the west to be entirely on this site. The UDC (11-3A-3) limits access to arterial streets when access via a local street is available unless approved by City Council. Because access to this site is available via two (2) local streets (i.e. N. Centrepoint Way and N. Cajun Ln.), Council approval of this access is required. Without Council approval, the access should not be allowed and the site plan should be revised accordingly. A cross-access easement exists to this site from N. Cajun Ln., the private street to the south via an easement depicted on the Bienville Square Subdivision plat (Inst. #106169335; #109001537). A cross-access easement should be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). I. Parking (UDC 11-3C): Off-street parking is required to be provided on the site in accord with the standards listed in UDC 11-3C-6B per the dimensions shown in Table 11-3C-5. In commercial districts, a minimum of one vehicle space is required for every 500 square feet of gross floor area. Bicycle parking is also required to be provided at one space for every 25 proposed vehicle spaces in accord with the standards listed in UDC 11-3C-5C. Meridian City Council Meeting Agenda April 23, 2019 – Page 246 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 270 of 542 Page 10 Based on the overall square footage of the structures proposed (i.e. 114,300), a minimum of 229 vehicle spaces and 9 bicycle parking spaces are required to be provided. A total of 548 vehicle spaces are proposed with 22 bicycle parking spaces in excess of UDC standards. J. Pathways (UDC 11-3A-8): A segment of the City’s multi-use pathway system (sidewalk) exists within this site along the west side of N. Centrepoint Way in accord with the Pathways Master Plan. A detached 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. K. Sidewalks (UDC 11-3A-17): A detached 5-foot wide sidewalk is required along E. Ustick Rd., an arterial street, east of N. Centrepoint Way (a detached sidewalk exists along Ustick west of Centrepoint); attached 5-foot wide sidewalks are required along all local streets, including N. Centrepoint Way in accord with UDC 11-3A-17. Note: An asphalt pathway exists along each side of N. Centrepoint Way; no sidewalk/pathway exists along E. Pickard Ln./St. A 10-foot wide multi-use pathway is required in lieu of a sidewalk along N. Eagle Rd./SH 55. L. Parkways (UDC 11-3A-17): All parkways should comply with the standards listed in UDC 11-3A-17. The parkway that exists between the curb and sidewalk along Ustick Rd. west of Centrepoint is currently gravel; this area will need to be improved in accord with the standards listed in UDC 11-3B-7C. M. Landscaping (UDC 11-3B): A 35-foot wide street buffer is required along N. Eagle Rd./SH 55 and E. Ustick Rd., both entryway corridors; and 10-foot wide street buffers are required along local streets as set forth in UDC Table 11-2B-3. All street buffers are required to be landscaped in accord with the standards listed in UDC 11-3B-7C. There are no existing trees on the site being removed that require mitigation. N. Waterways (UDC 11-3A-6): The Milk Lateral runs along the north and east boundaries of this site. The Applicant proposes to re-route and pipe the facility in accord with UDC 11-3A-6. O. Fencing (UDC 11-3A-6, 11-3A-7): There is an existing 6-foot tall solid wood fence along the southern boundary of the site that is owned by the adjacent property owner and is proposed to remain. A 6-foot tall masonry screen wall is proposed along the west boundary adjacent to residential uses to match that on the property to the south as shown on Sheet L1.50 of the landscape plan, detail 4. P. Utilities (UDC 11-3A-21): Connection to City water and sewer services is required. Street lighting is required to be installed in accord with the City’s adopted standards, specifications and ordinances. See Section VIII-B Below for Public Works comments/conditions. Meridian City Council Meeting Agenda April 23, 2019 – Page 247 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 271 of 542 Page 11 Q. Pressurized Irrigation (11-3A-15) An underground pressurized irrigation system is required to be provided within the development as set forth in UDC 11-3A-15. R. Storm Drainage (11-3A-18) An adequate storm drainage system shall be required in all developments in accord with the City’s adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City. S. Structure and Design Standards (UDC 11-3A-19 | Architectural Standards Manual): Conceptual building elevations were submitted for the future athletic club as shown in Section VII.B. Final design of the structure should be consistent with the design standards listed in the Architectural Standards Manual. Parking lots for properties greater than 2 acres in size should not have more than 50% of the total off-street parking area for the site located between the building façade and the abutting streets; as an alternative, the parking area should be screened by berms, landscaping, walls, architectural elements or a combination of these elements to produce an appropriate buffer adjacent to public spaces and roadways as set forth in UDC 11-3A- 19B.3. Traffic calming measures should be provided where vehicle circulation is directed in front of the building entries. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. T. Certificate of Zoning Compliance/Design Review A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. Plans submitted with these applications should comply with UDC standards and the design standards in the Architectural Standards Manual. VI. DECISION A. Staff: Staff recommends approval of the proposed modification to the Development Agreement and the conditional use permit applications in accord with the provisions in Section VII.A. VIII. Note: The driveway access via E. Ustick Rd. requires Council approval of a waiver to UDC 11- 3A-3, which limits access via arterial streets when access via a local street is available. In this case, access is available via (2) local streets. If a waiver is not approved, the site plan should be revised accordingly. Council action is needed on this request. B. Commission: The Meridian Planning and Zoning Commission heard this item on December 20, 2018. At the public hearing, the Commission moved to approve the subject CUP request. a. Summary of Commission Public Hearing: i. In favor: Tamara Thompson, The Land Group; Mike Fassler ii. In opposition: None Meridian City Council Meeting Agenda April 23, 2019 – Page 248 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 272 of 542 Page 12 iii. Commenting: Jared Schofield; Steve Grant; Shaun Wardle; Jeff Vrba; David Park, Jackson Square HOA iv. Written testimony: David Durfee v. Staff presenting application: Sonya Allen vi. Other staff commenting on application: None b. Key Issues of Public Testimony: i. Objection to hours of operation before 6:00 am; ii. Concerns pertaining to the adequacy of the buffer (trees/landscaping will take a long time to mature) along the west boundary of the site and parking lot lighting impacting adjacent residential uses; iii. Concern pertaining to an increase in traffic in this area and public safety; iv. Objection to the proposed hours of operation – in favor of 9:00 am to 10:00 pm with outdoor speakers limited to 9:00 pm; v. Not in favor of the proposed height of the building, request for a shorter building that would impact adjacent residential neighbors less; vi. Concern pertaining to noise generated from the proposed use and its impact on residential neighbors. c. Key Issues of Discussion by Commission: i. The proposed hours of operation for the outdoor activity center and outdoor speakers; ii. Requirement for the separation between outdoor recreation areas to be measured from the property line of adjacent residential structures rather than from the residential zoning district. d. Key Commission Changes to Staff Recommendation: i. Strike the last sentence in condition #2.1k in Section VIII.A pertaining to construction of an off-site sidewalk along Cajun Way at the recommendation of Staff since there will likely be a driveway in that location in the future. ii. Modify condition #2.1a in Section VIII.A to reflect the Commission’s interpretation of UDC 11-4-3-2A.1 to reflect setback measurement from any residential property line with a home, rather than from a residential district; iii. Modify condition #2.2 in Section VIII.A to adjust the hours of operation as approved by the Commission; iv. Include a new condition requiring the Applicant to work with Planning Staff to create a sound buffer to mitigate some of the noise concerns between the pool area and neighboring homes (#2.9 in Section VIII.A). v. Include a new condition requiring the Applicant to work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot (#2.10 in Section VIII.A). C. City Council: The City Council heard the request for City Council review of the Planning & Zoning Commission’s decision on the conditional use permit on April 2, 2019. At the public hearing, the Council moved to approve the subject CR request. Concurrently, City Council heard a request for a Development Agreement Modification & Variance (H-2018-0121; H-2019- 0032). Meridian City Council Meeting Agenda April 23, 2019 – Page 249 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 273 of 542 Page 13 1. Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. strike condition #2.4 in Section VIII); 2. Modify condition #A.2.1d in Section VIII to allow setback proposed with Variance for outdoor activity centers; change to hours of operation for outdoor activities to 5:00 AM instead of 6:00 AM; and the slide associated with the swimming pool to close at 9:00 PM. 3. Modify condition #A.2.1a in Section VIII to allow the setback for outdoor recreation areas abutting residential districts as shown on the site plan approved with the variance H-2019-0032). 4. Modification to condition #A.2.1c in Section VIII to reflect Council approval of a waiver to not require the outdoor speaker system to be located 100’ from all residential districts; and to include the Applicant’s agreement to limit the hours of operation of the outdoor speaker system from 9:00 AM to 9:00 PM. 5. Modification to #A.2.2 in Section VIII to reflect approval of outdoor activities commencing at 5:00 AM instead of 6:00 AM. VII. EXHIBITS A. Existing Development Agreement Provisions & Conceptual Development Plan (AZ-05-052, Instrument No. 108008770) Link to full version of Development Agreement: Sadie Creek Promenade AZ-05-052 Applicable Development Agreement Provisions: 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City’s Zoning Ordinance codified at Meridian Unified Development Code § 11-2B which are herein specified as follows: Construction and development of up to 150,282 square feet of retail/restaurant/ and office uses in a proposed C-G zone on 7.7 acres pertinent to this AZ 05-052 application. The 36.33acre site, which includes a portion of this project, was approved for annexation with a Development Agreement in April, 2004 under the name of Kissler Annexation file no. AZ 03-018). The DA, instrument no. 104107406, requires that any future use be approved either though a site specific CUP application or a Planned Development. A concept plan for the overall site was submitted with the AZ 05-052 application for informational purposes. This entire project consists of 15.33 acres a preliminary plat and conditional use permit was submitted and approved (PP-05-053, and CUP-05-049) which satisfies the CUP condition of the previous DA agreement. Certificates of Zoning Compliance are required for all buildings in this project. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. Meridian City Council Meeting Agenda April 23, 2019 – Page 250 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 274 of 542 Page 14 5. DEVELOPMENT IN CONDITIONAL USE: Owner/Developer has submitted to City an application for conditional use permit site plan dated September 15, 2005, and shall be required to obtain the City’s approval thereof, in accordance to the City’s Zoning and Development Ordinance criteria, therein, provided, prior to, and as a condition of, the commencement of construction of any buildings or improvements on the Property that require a conditional use permit. No new buildings are approved for construction under this conceptual CUP/PD application. All future buildings shall require approval of design review at staff level prior to submittal of any Certificate of Zoning Compliance application and/or building permit 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. That all future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. That all future development of the subject property shall be constructed in accordance with City of Meridian ordinances in effect at the time of the development. 2. That the applicant be responsible for all costs associated with the sewer and water service extension. 3. That any existing domestic wells and/or septic systems within this project will have to be removed from their domestic service, per City Ordinance Section 5-7-517, when services are available from the City of Meridian. Wells may be used for non-domestic purposes such as landscape irrigation. 4. That prior to the issuance of any certificate of zoning compliance all landscaping shall be constructed along the western property boundary and along Ustick Road to the point of connection with Sadie Creek Avenue. These office lots should include either a permanent easement or be redesigned to include landscaping in common lots including masonry block wall on western boundary. 5. That the maximum square footage of one single building shall not exceed 75,141square feet, which is ½ of the maximum requested of 150,282 square feet 6. That all buildings along the western property boundary shall be single story buildings designed to discourage views and access facing the west, unless required for emergency access. Furthermore, these office lots shall have hours of operation consistent with office operations which have been determined to be 6 am – 10 pm. 7. That the applicant shall redesign the site to meet the 300’ standard separation for drive thru uses with this application or variance is obtained. 8. That all access for Sadie Creek Promenade Subdivision shall be taken from Ustick Road at points determined by ACHD. 9. That Lots 1 and 2 of Block 2 of the site plan dated September 15, 2005 are for office uses only. Non retail uses shall be located on these lots. All other lots shall be limited to Office/Retail/Restaurant/Drive thru uses and General Commercial uses listed as permitted in UDC Table 11-2B-2. Any uses (excepting Drive Thru) not listed as permitted shall be subject to conditional approval. Meridian City Council Meeting Agenda April 23, 2019 – Page 251 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 275 of 542 Page 15 10. That the western most public road referenced to as Sadie Creek Avenue may be renamed as approved by the Ada County Street Naming Commi ttee. The road name has been approved as Centrepoint Way. B. Proposed Concept Plan (dated: 10/18/18), Dimensioned Site Plan (dated: 4/2/19) & Building Elevations (dated: 7/17/18) Meridian City Council Meeting Agenda April 23, 2019 – Page 252 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 276 of 542 Page 16 Meridian City Council Meeting Agenda April 23, 2019 – Page 253 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 277 of 542 Page 17 Meridian City Council Meeting Agenda April 23, 2019 – Page 254 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 278 of 542 Page 18 VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING Note: The following section has been removed from the CUP Findings as there is a separate Findings document for the Development Agreement modification application. 1. Development Agreement Modification 1.1 A new Development Agreement (DA) is required as a provision of the request for a modification to the existing DA to exclude this property from the existing agreement Inst. 108008770). A new DA shall be entered into between the City of Meridian, the property owner(s), and the developer. The existing DA shall be amended to remove the subject property from the agreement. Currently, a fee of $303.00 shall be paid by the Applicant to the Planning Division prior to commencement of the new DA. The DA shall be signed by the property owner and returned to the Planning Division within six (6) months of the City Council granting approval of the development agreement modification. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be generally consistent with the conceptual development plan and building elevations included in Section VII and the provisions contained herein. b. The athletic club is required to comply with the specific use standards listed in UDC 11-4-3-2, Arts, Entertainment or Recreation Facility, Indoors and Outdoors. c. No outdoor event or activity center shall be located within fifty feet (50') of any property line and shall operate only between the hours of six o'clock (6:00) A.M. and eleven o'clock (11:00) P.M as set forth in UDC 11-4-3-2A.2. d. An outdoor stage or musical venue is prohibited on this site as the site is within 1,000 feet of a residential district and such uses are not allowed, unless approved through a conditional use permit as set forth in UDC 11-4-3-2C. e. Outdoor speaker systems associated with the athletic club (i.e. outdoor entertainment/recreation facility) use are required to be located a minimum of 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. f. Construct a 6-foot tall masonry screen wall along the west boundary of the site consistent with that constructed on the adjacent property to the south as shown on Detail #4, Sheet L1.50 of the landscape plan included in Section VII.B. g. Retail and restaurant uses shall be allowed as accessory uses to the athletic club and may serve members of the club as well as the public. h. A cross-access/ingress-egress easement shall be granted for access from this property to N. Cajun Ln./E. Picard Ln. to the south and to the out-parcel to the east (Parcel S1105110025). A recorded copy of said easement(s) shall be submitted to the Planning Division with the Certificate of Zoning Compliance application. i. The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. Meridian City Council Meeting Agenda April 23, 2019 – Page 255 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 279 of 542 Page 19 j. Direct access via N. Eagle Rd./SH 55 is prohibited as set forth in UDC 11-3H-4B. 2. Conditional Use Permit 2.1 The site/landscape plan submitted with the Certificate of Zoning Compliance application shall be revised to comply with the following conditions: a. All outdoor recreation areas and structures that are not fully enclosed shall maintain a minimum setback of one hundred feet (100') from any abutting residential districts as set forth in UDC 11-4-3-2A.1 as shown on the site plan approved with the variance included in Section VII.B (H-2019-0032). The Commission interpreted the setback measurement to be from any residential property line with a home, rather than from a residential district. b. Depict/label a 6-foot tall masonry screen wall along the west boundary of the site consistent with that shown on Detail #4, Sheet L1.50 of the landscape plan. c. If an outdoor speaker system(s) is proposed, the location of such shall be depicted on the plans at least 100 feet from all residential districts, unless waived through approval of a conditional use permit per UDC 11-3A-13. City Council waived this requirement with the Council Review request; however, the Applicant did agree to limit the operation of the outdoor speaker system from 9:00 AM to 9:00 PM. d. The outdoor event or activity center, which includes but is not limited to the swimming pools, shall not be located within fifty six feet (50 6') of any property line as shown on the site plan approved with the variance (H-2019-0032) and shall operate only between the hours of six five o'clock (65:00) A.M. and eleven o'clock (11:00) P.M. as set forth in UDC 11-4-3-2A.2 with the exception of the water slide associated with the swimming pool shall close at 9:00 P.M. (the pool may stay open until 11:00 P.M.). e. The outdoor swimming pools shall be completely enclosed within a six foot (6') non-scalable fence that meets the requirements of the building code in accord with title 10, chapter 1, of Meridian City Code as set forth in UDC 11-4-3-2B. f. Depict a detached 5-foot wide sidewalk along E. Ustick Rd., an arterial street, east of N. Centrepoint Way; and an attached 5-foot wide sidewalk along N. Centrepoint Way, a local street, in accord with UDC 11-3A-17. An attached sidewalk shall also be required along the north/south driveway via Ustick Rd. if the access via Ustick is approved by City Council. g. Parking lot design shall comply with the standards listed in UDC 11-3A-19B.3a, which requires no more than 50% of the total off-street parking area for the site to be located between building facades and abutting streets. h. Traffic calming measures shall be provided where vehicle circulation is directed in front of the building entries. i. A continuous internal pedestrian walkway that is a minimum of 5 feet in width is required to be provided from the perimeter sidewalk to the main building entrance(s) and be distinguished from the vehicular driving surfaces through the use of pavers, colored or scored concrete, or bricks as set forth in UDC 11-3A-19B.4. j. A 35-foot wide street buffer is required along E. Ustick Rd. and N. Eagle Rd., entryway corridors, in accord with UDC Table 11-2B-3; landscaping is required Meridian City Council Meeting Agenda April 23, 2019 – Page 256 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 280 of 542 Page 20 in accord with the standards listed in UDC 11-3B-7C. Correct the calculations table to reflect the required width. k. A pedestrian walkway shall be extended from the sidewalk along the east side of N. Cajun Way along the driveway into this site to the main building entrance. Note: There is a 30+/- foot long gap in the sidewalk along N. Cajun Way off-site to the south that should be completed with this development with consent from the adjacent property owner in order to provide a continuous pedestrian connection. l. Depict a 25-foot wide buffer to the residential use along the south boundary of the site on the west side of Centrepoint Way as set forth in UDC Table 11-2B-3, landscaped per the standards listed in UDC 11-3B-9C. m. Depict landscaping within the parkway area along Ustick Rd. west of Centrepoint Way in accord with the standards listed in UDC 11-3B-7C. 2.2 The hours of operation of the athletic club and spa are limited to the hours between 5:00 4:00 am and 10:00 midnight (12:00 am) pm for indoor activities and 6 5:00 am to 11:00 pm for outdoor activities, with outdoor music limited to the hours between 9:00 am and 10 9:00 pm as approved with this application. 2.3 A 10-foot wide multi-use pathway within a public use easement and pedestrian lighting and landscaping is required to be provided within the street buffer along N. Eagle Rd./SH 55 in accord with the standards listed in UDC 11-3H-4C.3. 2.4 The proposed driveway access via E. Ustick Rd. is not allowed unless a waiver is approved by City Council to UDC 11-3A-3, which limits access via arterial streets when access via a local street is available. Council review of this access took place with the associated MDA application; Council approved a waiver to UDC 11-3A-3 for an access driveway via E. Ustick Rd. 2.5 A cross-access easement shall be granted from this site to the property to the south as well as to the out-parcel to the east (#S1105110025). A copy of the recorded easement(s) shall be submitted with the first Certificate of Zoning Compliance application. 2.6 The property boundary adjustment (#A-2018-0361) application shall receive final approval prior to submittal of the Certificate of Zoning Compliance application. 2.7 A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved prior to submittal of a building permit application. Plans submitted with these applications should comply with UDC standards and the design standards in the Architectural Standards Manual. 2.8 The conditional use permit is approved contingent upon City Council approval of the associated modification to the Development Agreement. 2.9 The Applicant shall work with Planning Staff to create a sound buffer that will mitigate some of the noise concerns between the pool area and neighboring homes. 2.10 The Applicant shall work with Planning Staff and ACHD to create a crosswalk for pedestrian access to the facility from the west parking lot. Meridian City Council Meeting Agenda April 23, 2019 – Page 257 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 281 of 542 Page 21 B. Public Works 1. Site Specific Conditions of Approval 1.1 A street light plan will need to be included in the final plat and/or building permit application. Street light plan requirements are listed in section 6-7 of the City's Design Standards. A copy of the standards can be found at http://www.meridiancity.org/public_works.aspx?id=272 2. General Conditions of Approval 2.1 Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. 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 Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 2.3 All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. 2.4 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. 2.5 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, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing 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. 2.6 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. 2.7 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. 2.8 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.9 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.10 All grading of the site shall be performed in conformance with MCC 11-1-4B. 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. 2.11 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 Meridian City Council Meeting Agenda April 23, 2019 – Page 258 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 282 of 542 Page 22 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. 2.12 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. 2.13 Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). 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. The contractor’s work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 2.14 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 signature of the final plat by the City Engineer. 2.15 Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 2.16 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 Water Department at (208)888-5242 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. 2.17 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 2.18 The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 9-1-28.C.1). 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 development plan approval. 2.19 All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided Meridian City Council Meeting Agenda April 23, 2019 – Page 259 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 283 of 542 Page 23 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. C. Fire Department http://weblink.meridiancity.org/weblink8/0/doc/157920/Page1.aspx D. Community Planning Association of Southwest Idaho (COMPASS) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158376 E. Department of Environmental Quality (DEQ) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=158270 F. Nampa & Meridian Irrigation District (NMID) http://weblink.meridiancity.org/weblink8/0/doc/158532/Page1.aspx G. Ada County Highway District (ACHD) http://weblink.meridiancity.org/WebLink8/DocView.aspx?id=160216&dbid=0 IX. FINDINGS A. Conditional Use Permit (UDC 11-5B-6) Required Findings: The commission shall base its determination on the conditional use permit request upon the following: 1. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Commission finds that the subject property is large enough to accommodate the proposed use and development regulations of the C-G district if the Applicant complies with the conditions of approval in Section VIII (see Analysis Section V for more information). 2. That the proposed use will be harmonious with the Meridian comprehensive plan and in accord with the requirements of this title. The Commission finds that the proposed use will be consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU-R for this site if the site is developed and the use conducted in accord with the conditions listed in Section VIII. 3. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Commission finds that if the applicant complies with the conditions outlined in Section VIII of this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. 4. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Commission findsthat if the applicant complies with the conditions outlined in Section VIII of this report, the proposed use will not adversely affect other properties in the area. Meridian City Council Meeting Agenda April 23, 2019 – Page 260 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 284 of 542 Page 24 5. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Commission finds that the proposed use will be served adequately by all of the public facilities and services as applicable. 6. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Commission finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community’s economic welfare. 7. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Commission finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. 8. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) The Commission finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Commission finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Meridian City Council Meeting Agenda April 23, 2019 – Page 261 of 699Meridian City Council Meeting Agenda July 9, 2019 – Page 285 of 542 EIDIAN?- DAHJ CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 F Project File Name/Number: Item Title: Williams Pipeline Specific Encroachment Agreement for Water Main Extension W. Victory Rd. and S. Ten Mile Meeting Notes: rte✓ APPROUP I TEM SHEET C ouncil Agenda I tem - 3.F. Presenter: Estimated Time f or P resentation: 1 minute Title of I tem - Williams Pipeline S pecific E ncroachment Agreement for Water M ain Extension W. Victory Road and S Ten M ile AT TAC HM E NT S: Description Type Upload D ate A greement A greements / C ontracts 7/3/2019 P lans C over S heet E xhibit 7/3/2019 Crossing S heet E xhibit 7/3/2019 Certificate of I nsurance E xhibit 7/3/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 286 of 542 Page | 2 Northwest Pipeline LLC AGREEMENT FOR SPECIFIC ENCROACHMENT ON RIGHT OF WAY THIS AGREEMENT is entered into by and between Northwest Pipeline LLC (“Northwest”), a Delaware Limited Liability Company, with offices located at 295 Chipeta Way, Salt Lake City, UT 84108, and City of Meridian, an Idaho City Corporation (“Meridian”) with offices located at 33 E Broadway Ave., Meridian, ID 83642. WITNESSETH THAT pursuant to certain Right of Way Contract (“Easement”) dated August 12, 1955 and January 30, 1979, Northwest Pipeline LLC, as successor in interest to Northwest Pipeline Corporation, was granted authority to construct, operate and maintain a natural gas pipeline or pipeline(s) and appurtenant facilities (the “Pipeline”). WHEREAS, Meridian desires to construct, maintain and use the following improvements (collectively, the “Improvements”) within, over and through the Easement: a twelve (12) inch city water line, as clearly defined and shown in Exhibit “A” attached and made part of this agreement, within Northwest’s Easement; WHEREAS, this Agreement shall run with the land, and shall be binding on all successors in interest, assigns and all claiming under them, including all current and future owners of any portion or having interest in the property. Any reference to Northwest or Meridian in this Agreement shall be deemed to apply to any successors or assigns who have acquired interest in compliance with the terms, or under law. WHEREAS, Northwest is willing to consent to Meridian constructing, maintaining and using the Improvements within Northwest’s Easement, subject to certain conditions; THEREFORE, in consideration of the mutual promises and benefits contained herein, Northwest hereby gives its consent to Meridian to construct, maintain and use the Improvements within the Easement subject to the following conditions: 1.To the extent allowed by law, Meridian, its successors and assigns, shall hold Northwest harmless from and indemnify Northwest, its parent, subsidiaries, and affiliated companies against any loss, cost or expense resulting from any construction or maintenance or use performed over, under or around Northwest’s Pipelines, to the extent such loss, cost or expense is caused by the wrongful or negligent conduct or work of Meridian or its contractors. It is specifically agreed that the authorization for the encroachment shall not prohibit or unreasonably interfere with Northwest’s use of the Easement for its intended purposes. 2.To the extent allowed by law, Meridian, its successors and assigns shall hold Northwest, its parent, subsidiaries, and affiliated companies harmless from and indemnify it against any and all claims for damages, injury or death arising by reason of said encroachment to the extent such claims are caused solely by the wrongful or negligent conduct or work of Meridian or its contractors. 3.Meridian, its successors and assigns, will carry or cause to be carried and maintained in force throughout the performance of any part of construction, maintenance or use of the Meridian City Council Meeting Agenda July 9, 2019 – Page 288 of 542 Page | 3 Northwest Pipeline LLC Improvements and for as long thereafter as necessary to support any post activities or obligations of Meridian, its successors and assigns, insurance with limits, terms and conditions as described in Exhibit “B”, attached hereto and made part of this Agreement. 4.Meridian, its successors and assigns, agree that, the authorizations made herein by Northwest as set forth in this Agreement shall be binding upon the successors and assigns of both Northwest and Meridian. Nothing in this Agreement shall be construed in such a manner as to limit in any way the rights granted to Northwest in the original Right of Way Contracts. 5.Further, Meridian, its successors and assigns, agree that this Agreement is subject to and incorporates the minimum terms and provisions of Northwest’s Encroachment Specifications (Exhibit “C”), or as it may be amended from time to time, and agrees to obtain Northwest’s approval prior to any excavation and to comply with terms and conditions provided herein. Meridian, its successors and assigns, concurs that Northwest reserves the right to impose more strict standards where reasonably necessary due to site conditions warranting greater protection of the pipeline facilities and the public. 6.Northwest reserves the right to excavate or perform any maintenance or construction activity related to its facilities both above and below ground in any portion of Northwest’s right-of-way as per its Right of Way Contracts, if in Northwest’s judgment it is necessary to construct, alter, inspect, maintain, repair, remove or replace its natural gas transmission facilities located within its Easements. Northwest shall provide reasonable notice to Meridian prior to taking any such action except in the event of an “Emergency”. Furthermore, in the event of an “Emergency” Northwest reserves the right to complete any construction activity required to contain, mitigate and repair the “Emergency” without prior notification to Meridian. Northwest will as soon as possible and at the earliest opportunity, notify Meridian of the “Emergency” event and the plan to repair and replace any damaged facilities as a result of the “Emergency” and coordinate the repair and restoration efforts for that part of the right-of-way with Meridian, its successors and assigns. 7.An authorized Northwest representative is required to be onsite prior to and during any surface disturbing work activity performed within the right-of-way. Northwest’s representative will assist in determining the location of the Pipeline, the right-of-way width and existing depth of the Pipeline. Northwest’s representative will supervise all work within Northwest’s right-of-way and shall have stop work authority at all times if the representative reasonably believes Meridian’s work is in breach of this Agreement or otherwise threatens the Pipeline, or there is a safety concern. Northwest must be notified at the Boise District Office (208) 884-4300 at least 72 hours before any work commences on or near its right-of-way. Reference milepost 828.03-828.04 on the Ignacio to Sumas 22 inch 1400 main pipeline & 24 inch 1401 loop pipeline. 8. Foreign line crossings: a.Shall be installed in accordance with all applicable codes and requirements governing such installations. b.Shall cross Northwest’s right-of-way at an angle as close to 90 degrees as possible. Parallel occupancy of Northwest’s right-of-way is not permitted. c.Shall be installed with a minimum of 24 inches of clearance between existing Meridian City Council Meeting Agenda July 9, 2019 – Page 289 of 542 Northwest pipeline facilities and the proposed foreign line. d. Shall be installed at a uniform depth across the full width of Northwest's right-of- way. e. Shall be identified with permanent above ground markers where the lines exit Northwest's right-of-way. A direct -burial warning tape will be placed 12-18 inches above the foreign line and extend across the entire width of Northwest's right-of- way. f. All crossings of the pipeline right-of-way with must be hand dug. 9. Fence: All fence post locations in the right-of-way must be approved by Northwest's representative and the representative must be on site for the duration of the digging of the posts. Posts installed within the right-of-way must be hand dug. 10. This Agreement shall apply only to Meridian's, its successors and assigns, improvements specified herein. Any further encroachment or other encroachments shall require a separate encroachment agreement. 11. This Agreement is personal to Meridian, its successors and assigns, and is not assignable without Northwest's prior written consent, and any attempt to assign this Agreement without such consent will automatically terminate this License. The authorizations made herein by Northwest as set forth in this Agreement shall be binding upon the successors and assigns of both Northwest and Meridian. Nothing in this Agreement shall be construed in such a manner as to limit in any way the rights granted to Northwest in the Right of Way Contracts. AGREED this 2�2 day of TU 2019. CITY of MERIDIAN Signed: Tammy de Weerd, Mayor NORTHWEST PIPELINE LLC Signed: Michael Rieske, Attorney -in -Fact Page 14 Northwest Pipeline LLC STATE OF IDAHO COUNTY OF ADA On the q+1 day of ,Tu l u , 2019, personally appeared before me Tammy de Weerd of the City of Meridian, an Idaho Munich I Corporation, and stated that the foregoing instrument was signed on behalf of said Municipal Corporation and acknowledged to me that she, as its Mayor, executed the same. CHARLENE WAY COMMISSION #67390 NOTARY PUBLIC STATE OF IDAHO MY COMMISSION EXPIRES 3/28/22 STATE OF UTAH COUNTY OF SALT LAKE rYu "wa�f Notary Public in and for the State of Idaho My Commission Expires 8-MO► �� On the day of , 2019, personally appeared before me Michael Rieske of Northwest Pipeline LLC, a Delaware limited liability company, and stated that the foregoing instrument was signed on behalf of said limited liability company and acknowledged to me that he, as its authorized Attorney -in -Fact, executed the same. Notary Public in and for the State of Utah My Commission Expires Page 15 Northwest Pipeline LLC Page | 6 Northwest Pipeline LLC Exhibit “A” Exhibit “B” Meridian City Council Meeting Agenda July 9, 2019 – Page 292 of 542 Page | 7 Northwest Pipeline LLC Insurance Requirements Meridian will maintain in force throughout the performance of any part of construction, maintenance or use of the Improvements and for as long thereafter as necessary to support any post activities or obligations of Meridian, insurance described below. The limits and terms set forth below will not be construed to limit Meridian’s liability. All costs and deductible amounts will be for the sole account of Meridian. The required liability insurance can be met under a primary or an excess policy or any combination thereof. Prior to commencing the Improvements hereunder, Meridian will deliver to Northwest certificate(s) of insurance on an Acord form or other acceptable industry standard certificate of insurance form evidencing the insurance, terms and conditions required below. In the event of non-renewal or cancellation of policies providing the required insurance described below, any construction, maintenance or use of Improvements will cease until replacement insurance can be evidenced to Northwest. If Meridian uses any subcontractor to perform any of the Improvements, Meridian’s subcontractors are contractually required to maintain insurance in accordance with the General Conditions of the Contract for Construction, AIA Document A232-2009 as amended in the Supplemental General Conditions related to Insurance attached hereto as Exhibit D. Irrespective of the insurance requirements below, the insolvency, bankruptcy or failure of any such insurance company providing insurance for Meridian, or the failure of any such insurance company to pay claims that occur will not be held to waive any of the provisions hereof. 1.Workers Compensation and Employer’s Liability Workers Compensation insurance in the amount of the statutory limits, complying with the state and federal and regulations having jurisdiction over each employee. 2. General Liability Commercial General Liability insurance with limits as set forth in the Certificate of Insurance, attached hereto as Exhibit E. 3. Automobile Liability Automobile Liability insurance with limits as set forth in the Certificate of Insurance, attached hereto as Exhibit E. Meridian City Council Meeting Agenda July 9, 2019 – Page 293 of 542 Page | 8 Northwest Pipeline LLC Exhibit “C” ENCROACHMENT SPECIFICATIONS Northwest Pipeline LLC (Northwest) is an interstate transporter of natural gas and, as such, is regulated by the Department of Transportation, Office of Pipeline Safety. In some cases, state and local laws may exceed the federal regulations. These specifications have been designed to comply with all federal and state regulations and to ensure the safety of the public and the pipeline facilities. The following specifications are minimum requirements for most proposed encroachments to avoid conflicts with regulations and with existing Easement rights. It is not Northwest’s intent to convey that these are the only types of activities permitted. Additional requirements may be imposed depending upon the scope of the proposed encroachment. For a review of your individual situation, please contact your local Northwest office. GENERAL REQUIREMENTS A. No above ground structures or appurtenances are to be located within the Northwest right of way. The structures and appurtenances include, but are not limited to; utility poles, towers, foundations, guy wires, structures supporting aerial lines, satellite dishes, manholes, catch basins, utility pedestals, transformers, fire hydrants, utility sheds, decks, and swimming pools with associated improvements. B. An authorized Northwest representative must be on site prior to and during any surface-disturbing work or equipment crossings performed within the right of way. Northwest’s representative will assist in determining the location of the pipeline(s), the right of way width and existing cover over the pipeline and will remain on site to monitor all activities within the right of way. This representative will supervise all work within Northwest’s right of way and shall have stop work authority at all times. C. No cut or fill on the Northwest right of way is permitted without Northwest written approval. D. All foreign lines will cross Northwest’s right of way at an angle as near to 90 degrees as possible. In situations where there are multiple parallel Northwest pipelines, the proposed foreign line(s) will either cross over or under all of Northwest pipelines in the right of way. No horizontal or vertical bends are permitted within Northwest’s right of way. Parallel occupancy of Northwest’s right of way will not be permitted. E. All foreign lines crossing Northwest’s pipeline(s) or related facilities will be installed with a minimum of 24” of clearance between the existing Northwest facilities and the proposed foreign line. The foreign line will be installed at a uniform depth across the full width of the Northwest right of way. Northwest may require that all foreign lines be installed under its existing pipeline(s) and related facilities. F. Northwest facilities are electrically protected against corrosion. Each metallic foreign line that enters or crosses Northwest’s right of way must have a test lead installed. In addition, the utility contractor installing the metallic foreign line must excavate and expose one or more of Northwest’s existing pipelines to provide for the installation of test leads by Northwest personnel. All necessary measures (coating, electrical bonds, etc.) will be taken to ensure that the proposed pipe or utility is adequately protected from potential interference effects. Requests for cooperative testing will be directed to Northwest’s Division Office, “Attn.; Pipeline Integrity Team Lead”. G. Northwest may require that foreign lines be identified with permanent aboveground markers where the lines enter and exit the Northwest right of way. It is the line owner’s responsibility to obtain any rights to install the markers, and to maintain the markers. A direct burial warning tape should be placed 12” to 18” above the foreign line and extend across the entire width of Northwest’s right of way. H. Foreign lines crossing Northwest’s facilities will be installed in accordance with all applicable codes and requirements governing such installations. I. Stockpiling dirt, brush, trash, or other debris on the right of way is prohibited, as it may conceal pipeline markers and hinder pipeline inspection or routine maintenance. Meridian City Council Meeting Agenda July 9, 2019 – Page 294 of 542 Page | 9 Northwest Pipeline LLC 1) FENCES A. A site specific inspection is required to determine whether the proposed fence posts must be kept a minimum of 4’ to 5’ from the edge of any Northwest pipeline or related pipeline facility. A Northwest representative must be on site to determine the location of the fence posts within the right of way and for the duration of the digging of the post holes. Posts installed within the right of way must be hand dug. All proposed fence crossings over Northwest pipelines will cross at an angle of 90 degrees, or as near as reasonably practicable. B. Northwest will have the free right of ingress and egress. Northwest may require that new fences have a 12’ wide gate installed within the right of way at a location approved by Northwest. The gate will be installed as to minimize vehicular and equipment travel over the existing Northwest facilities. 2) LANDSCAPING GUIDELINES A. No trees are permitted on Northwest’s right of way. Additionally, the canopy of any trees planted adjacent to the right of way must not extend into the right of way at maturity. Any branches extending into the right of way will be side cut by Northwest at its discretion. B. With prior approval from Northwest, some types of low growing, shallow-rooted shrubs may be permitted on the right of way provided their maximum mature height will not exceed 5’ and are not within 5’ of the edge of the pipeline. Northwest requires that the mature plantings will not prevent Northwest’s representative from seeing down the right of way during routine patrols or walking down the right of way directly over the pipelines to perform required inspections. Under no circumstances will mechanical equipment be used in the planting of shrubs. C. Northwest reserves the right to cut and remove plantings as required in the operation, inspection and maintenance of its pipeline facilities; further, Northwest assumes no responsibility for any cost involved in the replacement of said cut and removed landscape plantings. D. All sprinkler or irrigation systems will require review by a Northwest representative. Sprinkler heads will not be permitted within 10’ of any pipeline or related facility. All crossings of the Northwest pipeline(s) or related facilities with feeder lines will be hand dug. 3) STREETS, ROADS, TRAILS, PATHS AND DRIVEWAYS A. Northwest must complete a preliminary engineering evaluation for all roads, streets, driveways, etc., proposed on Northwest’s right of way. Any pipe casing, concrete slabs, or other protection required by Northwest will be installed at no expense to Northwest. Northwest may require a pipeline inspection prior to construction. B. The recommended minimum total cover over Northwest existing pipelines is 66” at all driveways, highways, roads, streets, etc. The recommended minimum total cover over Northwest existing pipelines in adjacent drainage ditches is 48”. C. Vibratory equipment is prohibited within the limits of the Northwest right of way. Vibratory equipment is not permitted to be used for achieving applicable compaction requirements. D. Driveways, highways, roads, streets, etc. crossing over Northwest pipeline facilities will cross at an angle as near to 90 degrees as possible. All crossings must be over straight pipe and at locations free of any crossovers. Parallel occupancy of the right of way will not be permitted. E. Northwest will allow for the installation of concrete sidewalks within the right of way; however, it retains the right to cut all present and proposed driveways, highways, roads, streets, etc. and will have no responsibility for restoration, loss of use or access, or any other costs. F. Access to the earth above each pipeline for leak detection (flame ionization) and cathodic protection surveys must be maintained. 4) EQUIPMENT USE IN CLOSE PROXIMITY TO THE PIPELINE(S) A. To protect Northwest pipeline(s) from external loading, Northwest must perform an engineering evaluation to determine the effects of any proposed equipment use. Mats, timber bridges, or other protection materials deemed Meridian City Council Meeting Agenda July 9, 2019 – Page 295 of 542 Page | 10 Northwest Pipeline LLC necessary by Northwest will be placed over Northwest facilities for the duration of any loading. Protective materials will be purchased, placed, and removed at no cost to Northwest. The right of way must be returned to its original condition. B. Northwest may require temporary markings to identify areas where equipment use is authorized. C. No vibratory equipment is permitted within the limits of, or in close proximity to, the Northwest right of way. 5) DRAINAGE, IMPOUNDMENT OF WATER AND EROSION CONTROL A. Northwest may conduct preliminary engineering studies for any proposed drainage channels or ditches that will discharge toward or within the right of way. Drainage channels or ditches must be adequately protected from erosion and provide a minimum of 48” of cover over the pipeline(s). Altering (clearing, re-grading or changing alignment of) an existing drainage channel or ditch requires written approval from Northwest. B. Impoundment of water on Northwest’s right of way is not permitted. Soil erosion control measures will not be installed within the Northwest right of way without prior written Northwest approval. 6) EXCAVATIONS AND BLASTING A. Plans for excavation on the right of way require prior approval by Northwest. No machine excavation will be performed within 24” of Northwest’s pipeline(s) or related facilities. Northwest’s onsite representative may require hand digging at a distance greater than 24”. B. When a backhoe is used for excavation, the bucket teeth should be curled under each time the bucket is brought back into the ditch to reduce the chance of the teeth contacting the pipeline. Side cutters must be removed from all buckets. At the discretion of Northwest’s onsite representative, a bar may have to be welded across the bucket teeth. C. No mechanical excavation may be performed by reaching over any Northwest facilities. D. Prior to any plowing or ripping of soil on the right of way, particularly in association with agricultural activities, plans should be reviewed with the local Northwest representative to ensure proper cover exist over the pipeline(s). No vibratory plows are permitted to be used on the Northwest right of way. 7) BURIED COMMUNICATION (TELEPHONE, TV, DATA TRANSMISSION, FIBER OPTIC) AND BURIED POWER LINE CROSSINGS A. Utilities crossing Northwest facilities are required to be cased to protect the integrity of the utility and the safety of Northwest and third party excavators in the future. B. All buried communications (other than single residential telephone and TV) crossing Northwest facilities will be installed in steel casing for the full width of Northwest’s right of way. C. All buried electric cables (other than 24 volt DC power lines), including single residential service drops, crossing Northwest facilities will be installed in steel casing for the full width of Northwest’s right of way. D. All buried single residential telephone, cable TV, and 24 volt DC power will be encased in schedule 40 PVC casing for the full width of Northwest’s right of way. E. All fiber optic cable, including single drops, will be installed in steel casing for the full width of Northwest’s right of way or facilities. 8) COMBUSTIBLE MATERIAL LINES A. All plastic combustible material lines will be installed in steel casing for the full width of Northwest’s right of way. B. Northwest may require that steel combustible material lines (adequately protected from Northwest’s cathodic protection system) be installed under existing Northwest pipeline facilities. Meridian City Council Meeting Agenda July 9, 2019 – Page 296 of 542 Page | 11 Northwest Pipeline LLC 9) BORED CROSSINGS A. Northwest existing pipeline facilities will be test pitted to verify the horizontal and vertical location of all facilities prior to any proposed boring operations. Once all required test pits have been performed, both plan view and profile drawings will be submitted to Northwest. Plan and profile drawings are required for all proposed boring operations. B. All proposed bores will include the installation of steel casing for the full width of Northwest’s right of way. C. Prior to any boring, inspection holes will be excavated to verify the depth of the bore as it approaches each pipeline. Inspection holes must be excavated to allow Northwest’s on site representative to visually see the boring head prior to the point where it travels beneath each pipeline. The contractor must provide and maintain instrumentation to accurately locate the boring head. 10) OVERHEAD LINE CROSSINGS A. Overhead line crossings will be installed with a minimum of 30’ of vertical clearance above the Northwest right of way to provide adequate equipment clearance. No poles or appurtenances will be located on the Northwest right of way. B. Overhead line crossings will not be installed within 25’ (measured horizontally) of any gas vent (e.g. relief valve, blow down vent). C. Overhead lines will cross Northwest’s facilities at an angle as near to 90 degrees as possible. Parallel occupancy of Northwest’s right of way will not be permitted. D. In addition to these Northwest minimum clearances, all local utility minimum clearances must be adhered to. STATEMENT REGARDING RIGHTS A. Nothing contained herein will be construed to convey, waive, or subordinate any of Northwest’s existing rights whatsoever. B. Northwest will be fully and completely compensated for any damages to its facilities resulting from the acts of third parties who are working in the vicinity of Northwest’s facilities with or without Northwest’s consent. C. Northwest will be indemnified from and against all claims, losses, demands, damages, causes of action, suits, and liability of every type and character, including all expenses of litigation, court costs, and attorney’s fees, for injury to or death of any person or for damage to any property, arising out of or in connection with third party work in the vicinity of Northwest’s facilities. Meridian City Council Meeting Agenda July 9, 2019 – Page 297 of 542 Page | 12 Northwest Pipeline LLC EXHIBIT D – Subcontractor Insurance Requirements Meridian City Council Meeting Agenda July 9, 2019 – Page 298 of 542 Page | 13 Northwest Pipeline LLC Meridian City Council Meeting Agenda July 9, 2019 – Page 299 of 542 D. Cline Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 3 0 0 o f 5 4 2 D. Cline Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 3 0 1 o f 5 4 2 CERTIFICATE OF INSURANCE Issue Date: Agent for Public Entity: This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not affirmatively or negatively amend, extend or alter the coverage afforded by the policy below. This certificate of insurance does not constitute a contract between the issuing insurer, agent and the certificate holder. ICRMP Member: PROGRAM AFFORDING COVERAGE: Idaho Counties Risk Management Program, Underwriters This certifies coverages listed below are issued to the above insuring pool participant for the time period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. Limits shown may have been reduced by paid claims. Policy Number Effective Date Expiration Date Property Deductible (Except flood/quake) Section # Type of Insurance –Coverage Form Limits V PROPERTY INSURANCE --Occurrence 1. Buildings, Structures and Property 2. Automobile/Mobile Equipment Physical Damage General Aggregate As Reported in Schedule of Values up to $100,000,000 per occurrence. $200,000,000 VI MACHINERY BREAKDOWN --Occurrence 1.Property Damage 2. Expediting Expenses 3. Business Income and Extra Expense 4. Spoilage Damage 5. Service Interruption 6. Newly Acquired Premises 7. Ordinance or Law 8. Errors and Omissions Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence Each Occurrence General Aggregate Varies Per Item $2,500,000 $1,000,000 $1,000,000 $2,500,000 $5,000,000 $5,000,000 $10,000,000 $100,000,000 VII CRIME INSURANCE (PUBLIC OFFICIALS' SURETY-IN-LIEU) 1. Employee Dishonesty 2. Loss Inside Premises 3. Loss Outside Premises Each Occurrence $500,000 For Claims Pursuant Title 6,Ch.9, ID Code Other Covered Liability Claims VIII AUTOMOBILE LIABILITY --Occurrence 1. Automobile Liability 2. Automobile Medical Payments 3. Uninsured/Underinsured Motorists Each Accident Each Person Each Accident Each Person Each Accident IX GENERAL LIABILITY --Occurrence 1. General Liability Each Occurrence $500,000 X LAW ENFORCEMENT LIABILITY--Occurrence 1. Law Enforcement Liability Each Occurrence $500,000 XI ERRORS/OMISSIONS-- Claims Made 1. Errors & Omissions Each Claim $500,000 XII EMPLOYEE BENEFITS-- Claims Made 1. Employee Benefits Liability Each Claim $500,000 XIII EMPLOYMENT PRACTICES- Claims Made 1. Employment Practices Liability Each Claim $500,000 XIV SEXUAL MOLESTATION- Claims Made 1. Sexual Molestation Liability Each Claim $500,000 Description of Operations/Locations/Vehicles/Restrictions/Special Items or Notes: Certificate Holder: Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Authorized Representative: Sandy Moser City of Meridian $2,500 All American Insurance Inc. Meridian, ID 83680 $100,000$100,000 $3,000,000 $3,000,000 $3,000,000 $3,000,000 6/25/2019 $100,000$100,000 10/1/2019 Meridian, ID 8364233 East Broadway, Ste. 308 $300,000$300,000 For above described item, coverage both for property damage & liability arising from Insured. If Certholder is named as party to lawsuit solely due to relationship with Insured & not as result of its own conduct, we will accept tender of defense, until liability determination. Certholder as Loss Payee as their interest may appear. Northwest Pipeline, LLC, a Delaware Limited Liabil $500,000 Specific Encroachment of Right of Way 38A02114100118 $3,000,000 James Fullinwider $5,000 $5,000$5,000 Salt Lake City, UT 84108295 Chipeta Way 929 N Main Street 6/25/2019 $3,000,000 Meridian City Council Meeting Agenda July 9, 2019 – Page 302 of 542 C�fi IDIANIZ?-DAHO CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 G Project File Name/Number: Item Title: Franchise Agreement between City of Meridian and Bird Rides, Inc., for Operation of Shared Vehicle Sharing Program Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.G. Presenter: Bill Nary Estimated Time f or P resentation: 1 minute Title of I tem - F ranchise Agreement between City of M eridian and B ird Rides, Inc. for Operation of S hared Vehicle S haring P rogram AT TAC HM E NT S: Description Type Upload D ate F ranchise A greement Cover Memo 7/2/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 303 of 542 DocuSign Envelope ID: A78AE411-D3AC-4D4D-88E6-4D18CE8A1D23 FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND BIRD RIDES, INC. FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM This FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND BIRD RIDES, INC. FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM ("Agreement") is made entered into thisQ'01 day ofTulq 2019 ("Effective Date"), by and between Bird Rides, Inc., a corporation organized un the laws of the state of Delaware, ("Franchisee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City"). I. STATEMENT OF PURPOSE. The City of Meridian has established, by ordinance, a Vehicle Sharing Program Franchise for the operation of Vehicle Sharing Programs on Franchised Premises. This Franchise is granted pursuant to the procedures and subject to the conditions and restrictions set forth in City's request for proposals for Project no. MYR-1921-11034, and Franchisee's response thereto, attached hereto as Exhibit A ("Proposal"). In consideration for City's grant of this franchise, City shall not operate a Vehicle Sharing Program in Meridian. The purpose of this Agreement is to establish terms and conditions governing Franchisee's use of Franchised Premises for its Vehicle Sharing Program. II. DEFINITIONS. The following definitions shall apply to the terms used in this Agreement. A. BEACON: A Bluetooth transmitter, placed by Franchisee, which broadcasts parking locations to nearby Shared Vehicles. B. ELECTRIC POWER -ASSISTED BICYCLE or E -BIKE: A vehicle that has two (2) or three (3) tandem wheels, has no floorboard, and is propelled either by human power or with the assistance of an electric motor. E -bikes are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-123(1)(h). C. ELECTRIC POWER -ASSISTED SCOOTER or E -SCOOTER: A vehicle that has two (2) or three (3) tandem wheels, has a floorboard designed to be stood upon when riding, and is propelled either by human power or with the assistance of an electric motor. E -scooters are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49-123(1)(h). D. GEOFENCE: A virtual boundary around a geographical area monitored by a global positioning system or radio frequency identification technology, which triggers a response from a shared vehicle when it enters or leaves the geofenced area. Such response may include, but shall not be limited to, decreased maximum speed or inoperability. FRANCHISE AGREEMENT WITH BIRD RIDES, INC. PAGE 1 E. FRANCHISED PREMISES: 1. Public streets and sidewalks in the City of Meridian; 2. Paved, ground-level surfaces on property owned by the City of Meridian, excluding the Water Department and the Wastewater Reuse Facility; and 3. Pathways enumerated in the City of Meridian Pathways Master Plan, to the extent City is duly authorized to convey such franchise under the various instruments establishing such pathways. F. FRANCHISEE or VEHICLE SHARING PROGRAM FRANCHISEE: A person who owns, manages, operates, or acts on behalf of a Vehicle Sharing Program. G. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service, of one or more shared vehicles. H. RESTRICTED AREA: Any location where shared vehicles may not be parked. I. RIDER: A person riding or using a shared vehicle. J. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offered by a Vehicle Sharing Program Franchisee for hire or use by self-service III. FRANCHISE GRANTED. City, for and in consideration of the covenants and conditions set forth in this Agreement and agreed to be kept and performed by Franchisee, does hereby provide to Franchisee a franchise to allow riders to use shared vehicles, as part of Franchisee’s Vehicle Sharing Program, on the Franchised Premises. Franchisee shall not use Franchised Premises for any other purpose without the express written consent of City. IV. TERM. This Agreement shall be effective on the Effective Date first written above, and shall expire at 11:59 p.m. on December 31, 2019, unless earlier terminated by the method set forth herein. V.CITY COMMITMENTS. A.City Contact. Communication between City and Franchisee regarding administrative matters shall occur via e-mail or telephone between City Contact and Franchisee Contact. The following individual shall serve as the City Contact, City’s personnel designated to serve as the liaison between City and Franchisee for administrative matters: City Contact Name: Caleb Hood Planning Division Manager Telephone number: 208-489-0572 FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 305 of 542 E-mail address: chood@meridiancity.org B.Right of entry. City and City’s contractors, employees, agents, and invitees, shall be authorized to, at all times, to inspect City’s property and personal property located thereon, for the purposes of inspection for compliance with the terms of this Agreement. C.No support. City shall not provide support, monitoring, or administration services related to Franchisee’s use and occupancy of Franchised Premises and/or Franchisee’s personal property thereon. VI.FRANCHISEE COMMITMENTS. A.Franchisee Contact. Communication between Franchisee and City regarding administrative matters shall occur via e-mail or telephone between City Contact and Franchisee Contact. The following individual shall serve as the Franchisee Contact, Franchisee’s personnel designated to serve as the liaison between City and Franchisee for administrative matters: Franchisee Contact Name: Arthur Ortegon Government Partnerships – Rockies Region Telephone number: 303-588-7429 E-mail address: arthur.ortegon@bird.co B. Type and number of shared vehicles. 1.Initial deployment. By August 1, 2019, Franchisee shall deploy in Meridian no fewer than one hundred (100) e-scooters, and no more than one hundred fifty (150) e-scooters, to be available for use as shared vehicles. All shared vehicles shall meet the specifications of those described in Franchisee’s Proposal. The date upon which the first one hundred (100) e-scooters are deployed in Meridian shall be deemed the Initial Deployment Date. 2.Increase. Every fourteen (14) days following the Initial Deployment Date, Franchisee may request authorization from City to increase the number of e-scooters offered in Meridian under its Vehicle Sharing Program, by increments of up to one hundred (100) e-scooters, up to a maximum of five hundred (500) e-scooters deployed in Meridian. 3.Increase authorization. Franchisee Contact shall make its request for authority to increase the number of shared vehicles offered under its Vehicle Sharing Program via e-mail to City Contact, which request shall include a description of which and how many additional shared vehicles are to be offered for hire or use, the plan for addressing public safety issues related to the additional shared vehicles’ operation and/or parking, and Franchisee’s certification that all shared vehicles previously offered by Franchisee in Meridian were used, on average, at FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 3 Meridian City Council Meeting Agenda July 9, 2019 – Page 306 of 542 least three times per day in the previous month, with data verifying same. Within seven (7) days of Franchisee Contact’s request for authority to increase the number of shared vehicles offered under its Vehicle Sharing Program, the City Contact shall either authorize or deny the requested increase. The City Contact shall deny a request from Franchisee for an increase in the maximum number of shared vehicles offered under a Vehicle Sharing Program Franchisee Franchise where: a. Data does not reflect that all shared vehicles offered by Franchisee under the previous version of the Vehicle Sharing Program franchise were used, on average, at least three times per day in the previous thirty (30) days. b. The Franchisee has violated a term or condition of this Agreement or of law, or c. The operation of the Program and/or any component thereof has varied materially from the description submitted with the Proposal. C.Franchise fee. Following execution of the franchise agreement, the successful Respondent shall remit to the City Finance Department a nonrefundable franchise fee in the amount of ten thousand, four hundred, fourteen dollars, and twenty-nine cents ($10,414.29). Of this amount, five thousand, two hundred, seven dollars and fourteen cents ($5,207.14) shall be due within three (3) business days of the Effective Date of this Agreement, and five thousand, two hundred, seven dollars and fourteen cents ($5,207.14) shall be due on or before September 1, 2019. D.Beacons. If Franchisee installs Beacons, Franchisee shall notify City of same and provide to City an electronic interface that allows City to view and suggest locations of Beacons. Franchisee shall not install a Beacon without the permission of the owner of the real and/or personal property on which the Beacon is installed. E.Timely response; removal by City. Within two (2) hours of receiving notice, Franchisee shall respond to any request to move, remove, or redistribute shared vehicles; reports of incorrectly parked shared vehicles; or reports of unsafe/inoperable shared vehicles by relocating, re-parking, or removing the shared vehicle(s) at issue. Franchisee shall comply within twenty-four (24) hours with City’s order to remove all shared vehicles due to denial or revocation of an application for a Vehicle Sharing Program Franchise, expiration of the franchise term, failure to timely remit all or any portion of the franchise fee or any portion thereof, or any other reason City deems to serve the public health, safety, and/or welfare. In the event any shared vehicle is not relocated, re-parked, or removed within the timeframe specified herein; if any shared vehicle is parked in one location for more than seventy-two (72) hours without moving; or in exigent circumstances, such shared vehicle may be removed by City and taken to a City facility for storage at the expense of the Franchisee. City may charge Franchisee one hundred dollars ($100.00) per shared vehicle removed and stored by City. Franchisee shall pay any invoice for such charge within thirty (30) days of City’s mailing or e-mailing such invoice. FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 307 of 542 F.Good repair. Franchisee shall be solely responsible for monitoring shared vehicles to ensure that they are in good repair and that their use does not interfere with or degrade City’s facilities, operations, systems, or equipment or present an imminent or foreseeable threat to the public health and safety. G.Data reports. To inform and support public safety and transportation planning efforts, Franchisee shall provide to City, in the form and manner requested by City Contact, at least quarterly, a report of anonymized trip records for each shared vehicle deployed within Meridian, to include, but not be limited to, the following data: trip start date, time, and location; duration; distance; and trip end date, time, and location. H.Hours of operation. Franchisee shall remove all shared vehicles from use by the public, whether physically or by geofencing, between 11:00 p.m. and 6:00 a.m. Franchisee understands and acknowledges that City parks are closed every day between dusk (30 minutes after sunset) and dawn (30 minutes before sunrise), and may be closed at or for any time, place, or use by order of the Meridian Parks and Recreation Director. This provision does not preclude the Franchisee or its agents from operational activities, including but not limited to, pick up, maintenance, inspections and deployment, beyond 11:00 p.m. and 6:00 a.m. I.Shared vehicle specifications. Franchisee shall ensure that each shared vehicle used under a Vehicle Sharing Program is: 1. Labeled with current contact information for the Franchisee and explains the method by which riders and/or the public can notify Franchisee’s local agent to report safety, maintenance, or parking issues. 2. Able to stand upright when parked. 3. Capable of informing riders of the location of designated parking areas. 4. Capable of being remotely disabled. 5. Capable of being located and controlled remotely, by geofencing or other remote technology. 6. In good repair so as not to interfere with or degrade public facilities, operations, systems, or equipment or to present an imminent or foreseeable threat to the safety of riders or the public. J.Rider information. Vehicle Sharing Program Franchisees shall inform riders of all regulations regarding the proper use and parking of shared vehicles. Franchisee shall provide a mechanism by which riders may provide feedback to Franchisee, including feedback regarding parking areas or damaged shared vehicles. K.Parking shared vehicles on Franchised Premises. Franchisee acknowledges, understands, agrees to comply with, and make every effort to ensure that riders comply with, the provisions of Meridian City Code regarding parking of shared vehicles, including, without limitation, the requirement that shared vehicles be parked in a manner that leaves clear at least five feet (5’) of the useable area of pathways and sidewalks. FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 308 of 542 L.Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject to the following. 1. Franchisee shall establish geofences to prohibit shared vehicle use in or on the following areas: a. Playgrounds in regional parks; b. Special use parks; c. Tennis courts; and d. Storey Bark Park. 2. Franchisees shall use verifiable technology to ensure that in parks, riders shall not use a shared vehicle in excess of eight miles per hour. 3. Franchisee shall instruct and require riders to park shared vehicles upright, next to a public bicycle rack or at a parking location identified by a Beacon. 4. Franchisees deploying shared vehicles in parks shall park such shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. M.Public park. The parties hereto expressly acknowledge that City parks and City-owned facilities are public spaces, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of parks and City-owned facilities, and close all or any portion thereof, for any purpose and under any condition. At all times, Franchisee shall be on an equal footing with the general public regarding its use of parks and City-owned facilities. Franchisee shall exercise any privileges granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. N.Public places. Franchisee acknowledges that the management and scheduling of parks, pathways, streets, and sidewalks shall at all times be within the sole purview of City and/or, where applicable, the Ada County Highway District (“ACHD”) or Idaho Transportation Department (“ITD”). Such entities shall have the right to condition or the use of, and/or close all or any portion of, their respective properties, for any and all purposes and under any and all conditions. At all times, Franchisee shall be on an equal footing with the general public regarding its use of public property. Franchisee shall exercise any right granted by its franchise only in accordance with the terms of this Chapter; with any and all applicable laws; and with City, ACHD, and ITD policies. O.Outreach. At least fourteen (14) days prior to deploying, parking, or allowing the use of shared vehicles on the Franchised Premises, Franchisee will prepare for City’s review and input a marketing and targeted community outreach plan to: 1. Describe and promote the Vehicle Sharing Program; 2. Educate the public regarding use of shared vehicles, including in parks and on pathways; and 3. Inform the public about advisory safety measures and applicable regulations. FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 6 Meridian City Council Meeting Agenda July 9, 2019 – Page 309 of 542 VII. GENERAL PROVISIONS. A.Limitations. The franchise issued pursuant to this Agreement is only valid for program operation within the public right-of-way within the city of Meridian. Franchisee must obtain permission to use or allow shared vehicles on property other than the public right-of-way, including property owned by private parties and public entities. Private property owners and government entities may restrict or prohibit the use of shared vehicles and/or the conduct of a Vehicle Sharing Program on their property. B.Risks acknowledged; as-is condition. Franchisee acknowledges that its use of Franchised Premises carries risks, some of which are unknown, and accepts any and all such risks. Franchisee acknowledges that Franchisee has inspected the Franchised Premises and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of Franchised Premises, and Franchisee accepts same on an “as is” basis, both as of the Effective Date of this Agreement and throughout the term of this Agreement and all related activities. C.Restoration or repair. Franchisee shall be responsible for all costs of restoration or repair of the Franchised Premises necessitated by damage caused by Franchisee’s use under this Agreement. D.No agency. It is understood and agreed that Franchisee is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Franchisee’s use and occupancy of the Franchised Premises. E.Indemnification. Franchisee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Franchisee, to Franchisee’s personal property or equipment, and to Franchisee’s employees, agents, guests or invitees arising out of or resulting from the condition of Franchised Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Franchisee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of Franchised Premises by Franchisee or by Franchisee’s agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City for any loss or claim described in this paragraph, Franchisee, at City’s option, shall defend City and assume all costs, including attorney’s fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by City in the defense or resolution thereof. F.Insurance. Within three (3) business days of the Effective Date of this Agreement, Franchisee shall submit to City proof of an insurance policy, issued by an insurance FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 7 Meridian City Council Meeting Agenda July 9, 2019 – Page 310 of 542 company licensed to do business in Idaho, protecting Franchisee and all of Franchisee’s employees and/or agents from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Vehicle Sharing Program. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days’ advance written notice to the City. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. G.Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective five (5) calendar days following mailing of written notice. Franchisee agrees that upon termination or expiration of this Agreement, Franchisee shall remove all of its personal property from Franchised Premises and surrender same to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Franchisee agrees to surrender possession and occupancy of the Franchised Premises peaceably at the termination of this Agreement and any renewal or extension thereof. Franchisee shall be responsible for all costs of restoration or repair of the Franchised Premises necessitated by damage caused by Franchisee’s use under this Agreement. H.Notices. Communication between the Franchisee Contact and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed by U.S. mail, postage prepaid. Notices shall be addressed as follows: If to Franchisee: Bird Rides, Inc. c/o National Registered Agents, Inc. 921 S. Orchard Street, Suite G Boise ID 83705 If to City: City of Meridian Attn: Caleb Hood, Planning Division Mgr. 33 E. Broadway Avenue Meridian ID 83642 I.No waiver. City’s waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Franchisee. J.No assignment. Franchisee shall not assign, sublet, or transfer its rights under this Agreement, or any portion thereof, without the express written consent of City. K.Independent contractor. In all matters pertaining to this Agreement, Franchisee shall be acting as an independent contractor, and neither Franchisee nor any officer, FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 8 Meridian City Council Meeting Agenda July 9, 2019 – Page 311 of 542 DocuSign Envelope ID: A78AE411-D3AC-4D4D-88E6-4D18CE8A1D23 employee, contractor, or agent of Franchisee shall be deemed an employee of City. Franchisee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. L. Compliance with laws. In performing the scope of services required hereunder, City and Franchisee shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. M. 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 attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. N. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Franchisee and by Meridian City Council. 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. FRANCHISEE: Bird Rides, Inc. DoauSignea by: BY: NLauYi 6 V, (( ��erson, Director, Government Partnerships- Western U.S. CITY OF MERIDIAN: BY: Tammy de Weerd, Mayor FRANCHISE AGREEMENT WITH BIRD RIDES, INC. Attest: Gp�Q0"TED,q r C71�, w ris � n, N ,o 0 SHO mgr E,q j ��ofthe TREASUR�`1�\ \. PAGE 9 EXHIBIT A PROPOSAL FRANCHISE AGREEMENT WITH BIRD RIDES, INC.PAGE 10 Meridian City Council Meeting Agenda July 9, 2019 – Page 313 of 542 E IDIAN PURCHASING DEPARTMENT 33 East Broadway Ave., Ste 106 lVleridian, lD 83642 Phone: (208) 489-0416 Fax: (208) 887-4813 REQUEST FOR PROPOSALS PROJECT NO. MYR-1 921-11034 CONTRACT SPECI FICATIONS FOR: VEHICLE SHARING PROGRAM PROPOSALS IMUST BE RECEIVED PRIOR TO 4:00 P.l\4. APRIL 5, 2019 DELIVER To: CITY OF MERIDIAN, PURCHASING DEPARTIVENT 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Prepared by: KEITH WATTS NAME AND ADDRESS OF VENDOR SUBTVIITTING PROPOSAL NATVE DDRESS: DATE Email: IDAHO Meridian City Council Meeting Agenda July 9, 2019 – Page 314 of 542 PART REQUEST FOR PROPOSALS CITY OF MERIDIAN Meridian, ldaho 83642 PROJECT # MYR-1 921-11 034 TABLE OF CONTENTS PAGtr t. ll. il1. IV V. Cover Sheet. Table of Contents..... Notice Calling for Proposals lnstructions to Respondents Proposal Form. Questionnaire . Sample Agreement... ... ... ... 1 2 3 6 10 12 13 2of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 315 of 542 PART I NOTICE CALLING FOR PROPOSALS PURPOSE The City of Meridian seeks proposals to establish a pilot Vehicle Sharing Program to provide dockless, shared e-scooters for public use on public streets and sidewalks in the City of Meridian; paved, ground-level surfaces on property owned by the City of Meridian (excluding the Water Department and the Wastewater Reuse Facility); and pathways enumerated in the City of Meridian Pathways Master Plan (collectively, "franchised premises"). The successful Respondent will be offered an exclusive franchise agreement governing the terms and conditions of the program's operation in Meridian. !n entering into the franchise agreement, the City seeks to facilitate micromobility transportation options for residents of and visitors to Meridian while also protecting and enhancing the safety of the several users of streets and sidewalks in our community, including pedestrians, vehicular traffic, and shared vehicle riders. Following execution of the franchise agreement, the successful Respondent shall remit to the City Clerk a nonrefundable franchise fee in the amount of $25,000.00 annually. Half shall be due within three (3) business days of execution of the franchise agreement, and the other half shall be due on or before July 1 of each year. For new franchisees only, the franchise fee due and owing shall be a prorated amount, less $2,084.00 for each whole month of the calendar year that has passed prior to issuance of the franchise. Franchise fees remitted to the City may be invested in costs that may be incurred by the City in relation to Vehicle Sharing Programs, or in needed infrastructure to support Vehicle Sharing Programs including, but not limited to, signage, pathway improvements, pathway maintenance, and pathway repair. PRESENTATIONS Those respondents which are determined to be best qualified to undertake the services required under this Request for Proposals may be invited to make a presentation to the City. Further information may be provided to the prospective respondents after the initial selection. ELIGIBILITY ln order to be eligible for selection, Respondent must be able to answer "yes" to all questions listed in PART lV - ELIGIBILITY QUESTIONNAIRE. City may request verification of answers. BASIS FOR SELECTION ln evaluating eligible applications, the following factors will be considered: Ability of Respondent and proposed program to facilitate safe, balanced, effective micromobility transportation options for residents of and visitors to [Vleridian (20 points); 3of20 a Meridian City Council Meeting Agenda July 9, 2019 – Page 316 of 542 b. Appropriateness of proposed program for Meridian, particularly as to traffic, rider, and pedestrian safety; effect on tt/eridian businesses; and reduction of vehicular traffic (20 points); c. Demonstrated competence in the implementation of micromobility programming, including customer service plans and experience (20 points); d. Consistency of proposed program with Clty policy, CARE values, and community values (20 points); and e. Respondent's ability to regulate, and demonstrated practice of remotely regulating, rider use of devices as to speed and location (20 points). History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. The City reserves the right to reject any or all proposals, to make an award on the basis of suitability to purpose or superior quality, or any other criteria the City believes to be in the best interest of the City. After the City has identified the proposal with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City's ability to obtain best value, based on the requirements and the evaluation factors set forth in the Request for Proposals. lf an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked respondent. GENERAL TERMS AND CONDITIONS Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Proposal. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. All provisions of the City code are applicable to any Proposal submitted or contract awarded pursuant thereto. Within thirty (30) days after the Proposal opening, a contract may be awarded by the City to the lowest responsive and responsible Respondent, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City if required to evaluate Proposals or for such other purposes as the City may determine, unless the Respondent objects to such extension in writing with his Proposal. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. 4of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 317 of 542 EXAMINATION OF CONTRACT DOCUMENTS Respondents shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them. The City of Meridian reserves the right to make an award to thaUthose highest ranked responsive and responsible contractors (s) whose Proposal (s) is/are most responsive to the needs of the City. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice lnviting Proposals, General Conditions and lnstructions to Respondents, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Proposal's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. lt is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. CITY'S REPRESENTATIVE Keith Watts, Purchasing Manager 33 East Broadway Avenue, Suite 106 Meridian, lD 83642 (208)888-4433 Fax (208) 887-4813 kwatts@meridian citv.orq Any and all explanations desired by a respondent regarding the meaning or interpretation of this Request for Proposals or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may be caused for rejection of the proposal. Dated: 3- ts -tq CITY OF MERIDIAN Keith atts,asing Manager 5of20 AWARD Meridian City Council Meeting Agenda July 9, 2019 – Page 318 of 542 PART II INSTRUCTIONS TO RESPONDENTS 1. EXPLANATIONS TO RESPONDENTS There are twenty (20) total pages in this Request for Proposals. lt is the respondent's responsibility to ensure that all pages are included. lf any pages are missing, immediately request a copy of the missing page (s) by e-mailing your request to Keith Watts, Purchasing Manager at kwatts@meridiancitv.orq , RFP Project # MYR- 1921-11034. Any explanation desired by a respondent regarding the meaning or interpretation of the Request for Proposals, or any part thereof, must be requested in writing (via e-mail) and with sufficient time allowed for a reply to reach respondent before the submission of their proposal. Any interpretation made will be in the form of an addendum to the Request for Proposals, issued by the Purchasing Agent, and will be furnished to all prospective respondents of record. Oral explanations or instructions given before proposal opening will not be binding. 2. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent must (1) examine the Request for Proposals documents thoroughly, (2\ visit the site to familiarize himself/herself with local conditions that may, in any manner, affect cost, progress or performance of the work, (3) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposals. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of it's officers or agents prior to the execution of the contract, unless included in the Request for Proposals, or any addendum. 3. SUBMITTAL REQUIREMENTS One (1) original, two (2) hard copies and one (1) electronic copy (USB Drive) of the respondent's proposal will be received by the City until 4:00 p.m., [VlT on the due date stated above at the office of the Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Ste. 106, [Vleridian, ldaho 83642. The envelope must be sealed and the outside of the envelope must bear the notation: PROJECT # MYR-1 921 -11034 VEHICLE SHARING PROGRAM APRIL 5, 2019 4:00 P.M. The Proposal must contain the following information: a. Completed proposal form submitted on PART lll - PROPOSAL FORM 6of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 319 of 542 b. Completed questionnaire submitted on PART lV - QUESTIONNAIRE c. Written narrative to include each and all of the following 1) Description of respondent's experience with shared vehicle programs, including how long the respondent has been engaged in this business, experiences in other venues, including under other similar contracts awarded to it, and work completed of similar type and magnitude. 2) A description of the proposed program, including which shared vehicles are to be offered for hire or use, and the number of shared vehicles to be deployed (both as planned initially and as projected when program is fully developed), hours of operation, deployment locations, fleet balancing approach, and proposed program start date. 3) Specifications of shared vehicles to be used in the program, including maximum speeds, identification with current franchisee contact information; method by which customers can notify local agent to report safety or maintenance issues; and whether able to: stand upright when parked, inform riders of the location of designated parking areas, be remotely disabled or controlled, condition and safety features to protect the safety of riders, pedestrians, motor vehicles, and property. 4) Plan for addressing public safety and other issues and incidents related to the shared vehicles' operation and/or parking, including response time, approach to shared vehicles improperly or inconveniently parked. 5) Proposed role of City staff in program management, including fielding complaints or suggestions, enforcement of rider rules, and encountering or removing shared vehicles improperly or inconveniently parked. 6) Conditions of operation that will protect the public health, safety, and welfare and mitigate effects of the program on vehicular traffic, pedestrians, or property. 7) Plan and capabilities for sharing vehicle and ridership data with City to inform and support public safety and transportation planning efforts, including anonymized trip records for each shared vehicle deployed within [Vleridian (e.9., trip start date, time, and location, duration; distance; trip end date, time, and location). 8) Rider rules, regulations, and terms of use, including whether the following conditions will be recommended or required for riders: minimum age, helmet use, licensed driver. 9) Plan for public outreach and education prior to and during franchise term, including plan to contact l\Ieridian business, school, and residential communities. 10)Plan for outreach and communication with fi/eridian Police Department regarding public safety issues prior to and during franchise term. 7 of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 320 of 542 11)Plan for outreach and communication with transportation authorities and pathway easement property owners regarding program's use of infrastructure prior to and during franchise term. 12)Plan, including currently available technology, to remotely regulate or control shared vehicle speeds and locations, particularly in City parks, pathways, and facilities. 13)Plan for locations and approach to installation of transmitters, if any, to identify parking locations to shared vehicles. 14)Description of successes and lessons learned in other communities in which the Respondent has operated vehicle sharing program(s). 1S)Contact information for up to five (5) references from other communities in which the Respondent has operated vehicle sharing program(s). 4. LATE PROPOSALS AND MODIFICATIONS Proposals and modifications thereof received after the exact time of closing of proposals listed on the cover of this solicitation will not be considered. 5. WITHDRAWAL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request received from respondent prior to the time set for closing of proposals. 6. INTENT OF THE CITY The objective of this Request for Proposals is to provide sufficient information to enable qualified respondents to submit written proposals. This Request for Proposals is not a contractual offer or commitment to purchase services. Contents of this Request for Proposals and respondent's proposal will be used for establishment of final contractual obligation. lt is to be understood that this Request for Proposals and the Respondent's proposal may be attached or included by reference in an agreement between the City and successful Respondent. 7. REQUIRED INSURANCE lnsurance requirements are listed in PART V - SAMPLE AGREEMENT 8. TERM The successful respondent shall be required to (a) sign a City contract (b) commence work under the contract within ten (10) calendar days after the date the successful respondent receives the Notice to Proceed, (c) perform the work diligently, and (d) complete the work by the completion date negotiated. 8of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 321 of 542 9. PUBLIC RECORDS The City of t\Ieridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. lf any Respondent claims any material to be exempt from disclosure under the ldaho Public Records Law, the Respondent will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Respondent, to the extent permitted by the ldaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential lnformation" and will be returned to the Respondent upon request after the award of the contract. lt is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or othenvise sensitive information contained in or with any Proposal is subject to potential disclosure. 12: PROPOSED SCHEDULE March 13,2019 RFP issued April 5, 2019 DEADLINE FOR SUBMISSION OF PROPOSAL: All applications must be received by 4:00 p.m. (MST). By April 18,2019 Selection panel convenes and selects one eligible proposal By April 19, 2019 By May 2,2019 Selected Respondent notified; franchise agreement offered Franch ise negotiations complete; prospective franch isee m ust retu rn signed agreement by 12:00 p.m. (IVST). May 7, 2019 Execution of franchise agreement. 9of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 322 of 542 PART III PROPOSAL FORM ln response to the Request for Proposals, the undersigned respondent hereby proposes to furnish labor, material, travel, professional services, permits, supervision, equipment and all related expenses, and to perform all work necessary and required to complete the following project in strict accordance with the terms of this Request for Proposals and the final contract for: PROJECT # MYR-1 921-11 034 VEHICLE SHARING PROGRAM Respondent certifies that he/she has examined and is fully familiar with all of the provision of the Request for proposals and any addendum thereto; that he/she is submitting a proposal in strict accordance with the lnstructions to Respondents; and that he/she has carefully reviewed the accuracy of all materials submitted in response to this proposal. Respondent certifies that he/she has examined the proposal documents thoroughly, studied and carefully correlated respondent's observations with the proposal documents, and all other matters which can in any way affect the work or the cost thereof. Respondent agrees that this proposal constitutes a firm offer to the City which cannot be withdrawn by the respondent for sixty (60) calendar days from the date of actual opening of proposals. lf awarded the contract, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Contract form, franchise fee, and insurance certificates. RESPONDENT'S BUS]NESS NAME: By: (signature in ink) Date: Agent: Title: 10 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 323 of 542 RESPON DENT'S LOCAL ADDRESS/PHONE/ E-[/AI L (PH) (E-t\4AlL) RES PON DENT'S CORPORATE AD DRESS/PH ON E/ E-IVIAI L (PH) (E-ruArL) NAIUE/ADDRESS OF REGISTERED AGENT IN IDAHO DECLARATION: The undersigned declares: that he/she holds the position indicating below as a corporate officer or the owner or a partner in the business entity submitting this Proposal; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this Proposal, that the undersigned knows and represents and warrants to the City of tVleridian that this Proposal is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this Proposal. I declare under penalty of perjury that the foregoing is true and correct BY TITLE ADDRESS DATE 11 of 20 RESPONDENT: Meridian City Council Meeting Agenda July 9, 2019 – Page 324 of 542 PART IV ELIGI BI LITY QU ESTIONNAI RE Respondent must answer "yes" or "no" to each of the following questions. Circle the correct answer. A. Does Respondent operate vehicle sharing programs in at least twenty (20) cities, and/or has Respondent provided 1,000,000 rides to date (in aggregate)? YES NO B. Will Respondent deploy shared vehicles which meet each and all of the following physical specifications? 1. Labeled with current contact information for the franchisee. 2. Able to stand upright when parked. 3. ln good repair so as not to interfere with or degrade public facilities, operations, systems, or equipment or to present an imminent or foreseeable threat to the safety of riders or the public. YES NO C. Will Respondent connect an app to all shared vehicles deployed which meets al! of the following specifications? 1. Explains the method by which riders can notify the local agent of the franchisee to report safety or maintenance issues. 2. lnforms riders of the location of designated parking areas. 3. Capable of being remotely disabled. 4. Capable of being located and controlled remotely, by geofencing or other remote technology. YES NO 12 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 325 of 542 PART V SAMPLE AGREEMENT FRANCHISE AGREEMENT BETWEEN CITY OF MERIDIAN AND FRANCHISEE FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM ON CITY PROPERTY This MEMORANDUM OF AGREEMENT BETWEEN CITY OF MERIDIAN AND FRANCHISEE FOR OPERATION OF SHARED VEHICLE SHARING PROGRAM ON CITY PROPERTY ("Agreement") is made entered into this _ day of 20r9 ("Effective Date"), by and between Franchisee, a corporation organized under the laws of the state of State, ("Franchisee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the state of Idaho ("City"). 1. Statement of Purpose The City of Meridian has established, by ordinance, a Vehicle Sharing Program Franchise for the operation of Vehicle Sharing Programs on Franchised Premises. This Franchise is granted pursuant to the procedures and subject to the conditions and restrictions set forth in City's request for proposals for Project no. MYR- 1921 - I 1034, and Franchisee's response thereto, attached hereto as Exhibit A ("Proposal"). In consideration fbr City's grant of this franchise, City shall not operate a Vehicle Sharing Program in Meridian. The purpose of this Agreement is to establish terms and conditions governing Franchisee's use of Franchised Premises for its Vehicle Sharing Program. 2. Definitions The definitions codified at Meridian City Code section 8-3-1 shall apply to the terms used in this Agreement, as shall the following definitions: A. BEACON: A Bluetooth transmitter, placed by Franchisee, which broadcasts parking locations to nearby Shared Vehicles. B. ELECTRIC POWER-ASSISTED BICYCLE or E-BIKE: A vehicle that has two (2) or three (3) tandem wheels, has no floorboard, and is propelled either by human power or with the assistance of an electric motor. E-bikes are consumer products, as defined by l5 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section 49- 123(lxh). C. ELECTRIC POWER-ASSISTED SCOOTER or E-SCOOTER: A vehicle that has two (2) or three (3) tandem wheels, has a f'loorboard designed to be stood upon when riding, and is propelled either by human power or with the assistance of an electric motor. E-scooters are consumer products, as defined by 15 U.S.C. section 2085, rather than motor vehicles as defined by Idaho Code section a9-123(l)(h). D. GEOFENCE: A virtual boundary around a geographical area monitored by a global positioning system or radio frequency identitlcation technology, which triggers a response from a shared vehicle when it enters or learres the geofenced area. Such response may 13 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 326 of 542 include, but shall not be limited to, decreased maximum speed or inoperability E. FRANCHISEE or VEHICLE SHARING PROGRAM FRANCHISEE: A person who owns, manages, operates, or acts on behalf of a Vehicle Sharing Program. F. PROGRAM or VEHICLE SHARING PROGRAM: The offer for hire or use, by self-service, of one or more shared vehicles. G. RESTRICTED AREA: Any location where shared vehicles may not be parked. H. RIDER: A person riding or using a shared vehicle I. SHARED VEHICLE: An e-bike, e-scooter, bicycle, or other vehicle offbred by a Vehicle Sharing Program Franchisee for hire or use by self-service 3. Franchise granted. City, for and in consideration of the covenants and conditions set forth in this Agreement and agreed to be kept and performed by Franchisee, does hereby provide to Franchisee a license to allow riders to use vehicles as part of Franchisee's Vehicle Sharing Program on Franchised Premises, to be defined as: a. Paved, ground-level surfaces on property owned by the City of Meridian, excluding the Water Department and the Wastewater Reuse Facility; b. Pathways enumerated in the City of Meridian Pathways Master Plan, to the extent City is duly authorized to convey such license under the various instruments establishing such pathways; and c. The downtown streetscape within the City Core, as such terms are defined in Title 8, Chapter 1, Meridian City Code, to the extent City is authorized by the Ada County Highway District ("ACHD") under the Master License Agreement.fbr Regulalion and Maintenance o.f Sidewalk Facilities in the Meridian City Core entered into by City and ACHD on August 7, 2012. Franchisee shall not use Franchised Premises for any other purpose without the express written consent of City. 4. Term This Agreement shall be effective on the Effective Date first written above, and shall expire at 11:59 p.m. on DATE, unless earlier terminated by the method set forth herein. 5. City Commitments a. City Contact. City shall provide to Franchisee the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and Franchisee fbr administrative matters (e.g., if n shared vehicle needs to be moved or removed from Franchised Premises, etc.). Communication between Franchisee and City regarding administrative matters shall occur via e-mail or telephone between City Contact and Franchisee Contact. 14 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 327 of 542 b. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times, to inspect City's property and personal property located thereon, for the purposes of inspection for compliance with the terms of this Agreement. c. No support. City shall not provide support, monitoring, or administration services related to Franchisee's use and occupancy of Franchised Premises and/or Franchisee's personal property thereon. 6. FranchiseeCommitments a. Type and number of shared vehicles. (1) Initial deployment. By date, Franchisee shall deploy in Meridian no fewer than one hundred (100) e-scooters, and no more than number e-scooters to be used as shared vehicles. All shared vehicles shall meet the specifications of those described in Franchisee' s Proposal. (2) Increase. Every number days, Franchisee may request authorization from City to increase the number of shared vehicles offered under its Vehicle Sharing Program, by increment, up to a maximum of number shared vehicles. Franchisee Contact shall make its request for authority to increase the number of shared vehicles offered under its Vehicle Sharing Program in writing to City Contact, which request shall include a description of which and how many additional shared vehicles are to be offered for hire or use, the plan for addressing public safety issues related to the additional shared vehicles' operation and/or parking, and Franchisee's certification that all shared vehicles previously offered by Franchisee in Meridian were used, on average, at least three times per day in the previous month, with data verifying same. Within fourteen (14) days of receipt of a complete application, the City Contact shall either authorize or deny the requested increase. The City Contact shall deny a request from Franchisee for an increase in the maximum number of shared vehicles offered under a Vehicle Sharing Program Franchisee Franchise where: (a) Data does not reflect that all shared vehicles offered by Franchisee under the previous version of the Vehicle Sharing Program franchise were used, on average, at least three times per day in the previous thirty (30) days. (b) The Franchisee has violated a term or condition of this Agreement or of law, or (c) The operation of the Program and/or any component thereof has varied materially from the description submitted with the Proposal. b. Franchise fee. Following execution of the tianchise agreement, the successful Respondent shall remit to the City Clerk a nonrefundable fianchise fee in the amount of $Amount. $Amount shall be due within three (3) business days of execution of this Agreement, and $Amount shall be due on or befbre July 1,2019. c. Franchisee Contact. Franchisee shall provide to City the name, e-mail address, and telephone number of specific Franchisee personnel ("Franchisee Contact") who shall serve as the liaison between City and Franchisee for administrative matters (e. g., rf an shared vehicle needs to be moved or removed fiom Franchised Premises, etc.). Communication between Franchisee and City regarding administrative matters shall occur via e-mail or telephone between City Contact and Franchisee Contact. 15 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 328 of 542 d. Beacons. [If Franchisee installs Beaconsl Franchisee shall provide to City an electronic interface that allows City to view and suggest locations of Beacons. Franchisee shall not install a Beacon without the permission of the owner of the real and/or personal property on which the Beacon is installed. e. Timely response; removal by City. Franchisee shall respond to any request to move, remove, or redistribute shared vehicles; reports of incomectly parked shared vehicles; or reports of unsafe/inoperable shared vehicles by relocating, re-parking, or removing the shared vehicle(s) at issue within two (2) hours of receiving notice. Franchisee shall comply within twenty-four (24) hours with City's order to remove all shared vehicles due to denial or revocation of an application for a Vehicle Sharing Program Franchisee Franchise, expiration of the franchise term, or tailure to timely remit all or any portion of the franchise fee or any portion thereof. In the event a shared vehicle is not relocated, re- parked, or removed within the tirnefiame specified herein; if any shared vehicle is parked in one location for more than seventy-two (72) hours without moving; or in exigent circumstances, such shared vehicle may be removed by City and taken to a City facility for storage at the expense of the Franchisee. City rnay charge Franchisee $250 per shared vehicle removed and stored by City. f. Good repair. Franchisee shall be solely responsible for monitoring shared vehicles to ensure that they are in good repair and that their use does not interfere with or degrade City's facilities, operations, systems, or equiprnent or present an imminent or foreseeable threat to the public health and safety. g. Quarterly data reports. To infbrm and support public safety and transportation planning efforts, Franchisee shall provide to the City, in the form and manner requested by City Contact, a quarterly report of anonymized trip records for each shared vehicle deployed within Meridian, to include, but not be limited to, the following data: trip start date, time, and location; duration; distance; and trip end date, time, and location. h. Hours of operation. Franchisee shall rerrove all shared vehicles from use, whether physically or by geofencing, between 1 l:00 p.m. and 6:00 a.m. Franchisee understands and acknowledges that parks are closed every day between dusk (30 minutes after sunset) and dawn (30 minutes before sunrise), and may be closed by order of the Meridian Parks and Recreation Director. l.Shared vehicle specifications. Franchisees shall ensure that each shared vehicle used under a Vehicle Sharing Program is: 4. Labeled with current contact information for the franchisee and explains the method by which customers can notity the local agent of the franchisee to report safety or maintenance issues. 5. Able to stand upright when parked. 6. Capable of informing riders of the location of designated parking areas. 7. Capable of being remotely disabled. 8. Capable of being located and controlled rernotely, by geofencing or other remote technology. 9. In good repair so as not to interf-ere with or degrade public facilities, operations, systems, or equipment or to present an imminent or fbreseeable threat to the safety of riders or the public. 16 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 329 of 542 j. Rider information. Vehicle Sharing Program Franchisees shall inform riders of all regulations regarding the proper use and parking ofshared vehicles. Franchisee shall provide a mechanism by which riders may provide feedback to Franchisee, including feedback regarding parking areas or damaged shared vehicles. k. Parking shared vehicles on Franchised Premises. Franchisee acknowledges, understands, and agrees to comply with the provisions of Meridian City Code regarding parking of shared vehicles, including. without limitation, the requirement that shared vehicles be parked in a manner that leaves clear at least five feet (5') of the useable area of pathways and sidewalks. Franchisee shall park shared vehicles only in designated parking areas. In City parks, the designated parking area for shared vehicles shall be next to bicycle racks, unless otherwise indicated by a Beacon. l. Shared vehicles in City parks. Use of shared vehicles in City parks shall be subject to the following. (l) Franchisee shall establish geofences to prohibit shared vehicle use in or on the following areas: a. Playgrounds in regional parks; b. Special use parks; c. Tennis courts; and d. Storey Bark Park. (2) Franchisees shall use verifiable technology to ensure that in parks, riders shall not use a shared vehicle in excess of eight miles per hour. (3) Franchisee shall instruct and require riders to park shared vehicles upright, next to a public bicycle rack or at a parking location identified by a Beacon. (4) Franchisees deploying shared vehicles in parks shall park such shared vehicles upright, at a public bicycle rack or at a parking location identified by a Beacon. m. Public park. The parties hereto expressly acknowledge that the Franchised Premises are public spaces, the management and scl-reduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Franchised Premises, and close all or any portion of Franchised Premises, for any and all purposes and under any and all conditions. At all times, Franchisee shall be on an equal footing with the general public regarding its use of Franchised Premises. Franchisee shall exercise any license granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. n. Public places. Franchisee acknowledges that the management and scheduling of parks, pathways, streets, and sidewalks shall at all times be within the sole purview of City and/or, where applicable, the Ada County Highway District ("ACHD") or Idaho Transportation Department ("ITD"). City shall have the right to condition or the use of, andlor close all or any porlion of its property, fbr any and all purposes and under any and all conditions. At all times, Franchisee sliall be on an equal fboting with the general public regarding its use of public propefiy. Franchisee shall exercise any right granted by its franchise only in accordance with the terms of this Chapter: with any and all applicable laws; and with City, ACHD, and ITD policies. 17 of20 Meridian City Council Meeting Agenda July 9, 2019 – Page 330 of 542 o. Outreach. Prior to parking or using shared vehicles on the Franchised Premises, Franchisee will prepare for City's review and input a marketing and targeted community outreach plan to: a) Describe and promote the Vehicle Sharing Program; b) Educate the public regarding use of shared vehicles, including in parks and on pathways; and c) Inform the public about advisory safety measures and applicable regulations. 7. General provisions a. Limitations. A franchise issued pursuant to this Agreement is only valid for program operation within the public right-of-way within the city of Meridian. Franchisee must obtain permission to use or allow shared vehicles on property other than the public right- of-way, including property owned by private parties and public entities. Private property owners and government entities may restrict or prohibit the use of shared vehicles and/or the conduct of a Vehicle Sharing Program on their properly. b. Risks acknowledged; as-is condition. Franchisee acknowledges that its use of Franchised Premises carries risks, some of which are unknown, and accepts any and all such risks. Franchisee acknowledges that Franchisee has inspected the licensed areas and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of Franchised Premises, and Franchisee accepts same on an "as is" basis, both as of the Effective Date of this Agreement and throughout the term of this Agreement and all related activities. c. Restoration or repair. Franchisee shall be responsible for all costs of restoration or repair of the Licensed Areas necessitated by darnage caused by Franchisee's use under this Agreement. d. No agency. It is understood and agreed that Franchisee is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in Franchisee's use and occupancy of the Licensed Areas. Indemnification. Franchisee specifically indernnifies City and holds City harmless from any loss, liability, claim, judgment, or action tbr damages or injury to Franchisee, to Franchisee's personal property or equipment, and to Franchisee's employees, agents, guests or invitees arising out of or resulting trom the condition of Franchised Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City or its employees. Franchisee further agrees to indemnify and hold City harmless from any loss, liability, claim or action liom damages or injuries to persons or property in any way arising out of or resr.rlting tiom the use and occupancy of Franchised Premises by Franchisee or by Franchisee's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of City or its employees. If any claim, suit or action is filed against City fbr any loss or claim described in this paragraph, Franchisee, at City's option, shall defend City and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify City for all such costs and fees incurred by city in the def'ense or resolution thereof. e 18 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 331 of 542 f. Insurance. Within two (2) working days of the Efl-ective Date of this Agreement, Franchisee shall submit to City proof of an insurance policy, issued by an insurance company licensed to do business in Idalio, protecting Franchisee and all of Franchisee's employees and/or agents from all clairns fbr damages to property and bodily injury, including death, which may arise from operations under or in connection with the Vehicle Sharing Program. Such insurance shall name the City as additional insured, and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the City. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. g. Termination. Either party may terminate this Agreement for convenience or for cause. Termination shall be effective five (5) calendar days following mailing of written notice. Franchisee agrees that upon termination or expiration of this Agreement, Franchisee shall remove all of its personal property from Franchised Premises and surrender same to City in the same good condition as received, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Franchisee agrees to surrender possession and occupancy of the Licensed Areas peaceably at the termination of this Agreement and any renewal or extension thereof. Franchisee shall be responsible for all costs of restoration or repair of the Licensed Areas necessitated by darnage caused by Franchisee's use under this Agreement. h. Notices. Communication between the Franchisee Contact and the City Contact regarding day-to-day matters shall occur via e-rnail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed by U.S. mail, postage prepaid. Notices shall be addressed as follows: FRANCHISEE: Meridian: Company Name City of'Meridian Attn: Name, Title Attn: City Contact Address 33 E. Broadway Avenue Address Meridian ID 83642 i. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a diff-erent term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Franchisee. j No assignment. Franchisee shall not assign, sublet, or transf-er its rights under this Agreement, or any portion thereof, without the express written consent of City. k. Independent contractor. In all matters perlaining to this Agreement, Franchisee shall be acting as an independent contractor. and neitl-rer Franchisee nor any officer, employee, contractor, or agent of Franchisee shall be deemed an employee of City. Franchisee shall have no authority or responsibility to exercise any rights or power vested in City. The 19 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 332 of 542 selection and designation of the personnel of City in the performance of this agreement shall be made by City. l. Compliance with laws. In performing the scope of services required hereunder, City and Franchisee shall comply with all applicable laws. ordinances, and codes of Federal, State, and local governments. m. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailir-rg party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. n. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements. leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. o. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. p. Approval required. This Agreemer-rt shall not become effective or binding until approved by both Organizer and by Meridian City Council. 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. Franchisee: COMPANY NAME: Name Title CITY OF MERIDIAN:Attest: BY: Tammy de Weerd, Mayor C..lay Coles, City Clerk 20 of 20 Meridian City Council Meeting Agenda July 9, 2019 – Page 333 of 542 City of Meridian Meridian City Council Meeting Agenda July 9, 2019 – Page 334 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 335 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 336 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 337 of 542 Ending a Ride At the end of the trip, Bird’s customized in-app messaging notifies riders to park Birds out of public pathways and at bike racks, near public transit stops, or in corrals, where available. Riders lock their vehicle and end the ride using the app. At the end of every ride, riders are instructed to take a photo of their Bird to “verify proper parking.” The prompt also reminds riders of proper parking etiquette. The photos are collected as a way to verify proper parking. This enables us to track parking behavior and identify and follow up with riders who may need additional education on safe parking behavior. Repeat offenders can have their accounts suspended and, in some cases, terminated. Beginning a Ride Through the Bird smartphone app, riders can see the closest Bird on a map, walk to it and unlock it, and begin a ride. Riders will be instructed to wear a helmet and to not ride on sidewalks. Safety reminders are also included on labels that are placed on each Bird. After putting on a helmet, riders are instructed to push the vehicle forward a few times with their feet to engage the motor. Chargers Bird will employ a network of Chargers from Meridian who are independent contractors responsible for helping set up and maintain vehicles in the community. Working in close coordination with Bird, Chargers access the “Operator Mode” of the Bird app to identify where to place nests (small groupings of fully charged and recently-inspected vehicles) in the morning. Chargers also use the operator mode of the application to identify where to pick up Birds to bring them in for inspection and charging.   Similar to riders, all Chargers are required to photograph the nests they’ve set up. The photographs are reviewed and approved by our operations team. If the operations team receives a photo of a nest that does not meet our requirements, that Charger is given feedback and issued a warning. Birds are picked up regularly for charging and any necessary repairs by Chargers. This helps keep riders safe and Birds in good condition. Bird Watchers As described more fully in Section 2 (above), upon receiving a report through Bird Support or Community Mode, Bird Watchers can be dispatched to correct any issues, including poor parking, rebalancing, and more. Bird is dedicated to the regular maintenance and improvement of our fleet. Over the last year and a half of operating experience, we’ve evolved our vehicle designs to be safer, more reliable, and consistent for our riders. Bird performs a daily inspection on each vehicle every day through our comprehensive program of Chargers, Bird Watchers, and Mechanics (all described in Section 2 above). All Bird repairs are performed by Bird employees in-house. When a Bird is in need of repair, the Bird app hides damaged vehicles from riders on the map and disallows a rider trip to start until a trained Mechanic has inspected and repaired the vehicle. This ensures vehicles needing maintenance or repair are not used until the problems have been addressed. When a vehicle is marked as inoperable or damaged, our team will locate and either provide on-the-spot maintenance, or remove that vehicle from the road to be repaired. Damaged Birds are replaced immediately by fully-operational Birds so that our overall fleet size remains static. Regular maintenance and repairs are performed by our team of Meridian-based employees throughout the day. Should a vehicle have more significant repair needs, we remove it from the fleet to be repaired. Birds are not returned to the road until they complete our comprehensive quality assurance inspection. We have a variety of touch points for maintenance as detailed below.   Pre-launch Preventative Maintenance Bird’s maintenance program begins before a Bird reaches the road,. During the value added production process where Bird’s technology is added to vehicles, each Bird undergoes a 14 point quality assurance inspection and that is signed off by the engineering team members performing the assembly as well as the inspection managers. Then, each Bird is submitted to hands- on validation testing with respect to braking, steering, and throttle control. These steps ensure Bird scooters are deployed at their maximum level of performance and service. Mechanic Training and Function Bird has a rigorous training program for Mechanics. To be eligible to become a Bird Mechanic, a baseline level of vehicle repair knowledge must first be demonstrated. Bird then trains each of its Mechanics in the various functions and capabilities of each of its scooter models and the variety of repair needs that may surface in its functional life. In addition, Bird has developed specialization teams to focus on certain vehicle components like Bird’s on-board computer brain, handlebar fixtures, and disc brake repair. When a vehicle is delivered to a service center, it is inbounded by our trained team of Mechanics, inspected, triaged, and tagged. Birds then move through the multi-tiered logistic warehouse repair flow, receiving service from Mechanics who specialize in specific repair points until the Bird has passed all quality assurance protocols. Vehicles Beyond Repair If a vehicle requires significant repairs, it will be sent to our vehicle facility near Meridian for inspection. Our team of technicians and engineers will thoroughly inspect the vehicle and repair it if possible. Should the vehicle no longer be safe for use, it is broken down into its component parts. Reusable parts are tested and verified for function and safety and then reused on other vehicles requiring repairs. 4) Plan for addressing public safety and other issues and incidents related to the shared vehicles' operation and/or parking, including response time, approach to shared vehicles improperly or inconveniently parked. 
 Parking Strategy We share a collective responsibility to keep our neighborhoods safe and clean. For Bird, this means keeping our sidewalks clear. While we have already taken many steps in other markets to ensure compliance with local and state laws related to parking, riding, and roadway safety, we are continuously developing more effective enforcement, messaging tools, and strategies, including better incentives and disincentives to encourage good parking behavior. We will treat Meridian with the same care, attention, and respect. We understand the need to respond quickly to any issues or complaints. The following is an overview of strategies that we have implemented, or are working towards implementing, to ensure that Birds are always parked in a responsible, legal, and compliant way that does not disrupt the community. Education In-App and Online Education Bird is committed to educating riders and the community about safety rules and regulations at the time of sign-up and before every ride. Information provided on each Bird will inform riders of how to operate the device safely. In-app messaging will instruct riders on responsible riding and parking practices. •Obey all applicable vehicle code requirements. •Strongly encourage the use of helmets.•Park and ride in appropriate locations. Bird explicitly instructs riders on the proper way to park scooters (such as in the furniture zone, not blocking driveways, entrances, access ramps, etc.) in the Bird app, on our website, and through outbound communications (email, push, and in-app notifications). The Bird app features a comprehensive, animated safety video that all Bird riders are required to watch and engage with when they first open the application. The video is always accessible in the app and in the safety section of the Bird website. In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways, doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as possible. We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to customize this messaging in order to provide the most relevant safety messages and rules of the road. As noted in other sections, riders are required to submit end-of-ride photos that allow us to monitor parking behavior and adjust our online education efforts based on the feedback. ! NO SIDEWALKS TIPPED OVER BIRD ALERT ID:XDHVG B,.ES/E-B,.ES 81 S&22TE5S 37 as many injuri es reported on scooters 5ESU/TS 1/2,1-U 5 ,ES 96,50 &A//S 5E&E,VE' ,1 4 021T+S 19 &A//S )52 0 E-S&22T E5 ,1-U 5 ,ES /,)E-T+5 E AT E 1,1 * &A //S 0 A UST,1, TE;AS E-scooters are as safe as bicycles According to data collected by the Austin Emergency Medical Services and a subsequent analysis by Austin Public Health, 37 scooter injuries were reported among approximately one million scooter rides during a five-month period. This compares to 81 reported bicycle injuries over the same period. Four months of EMS records show few e-scooter related injuries. See https://mailchi.mp/kcmo.org/few-injuries-related-to-electric-scooters See http://www.austintexas.gov/edims/document.cfm?id=307564 2 3 By The 1umbers .A1SAS &,T<, 0,SS2U5, )our months of E0S records show less than five e-scooter injuries per month A manual review of nearly 100,000 EMS records logged between July 2018 through October 2018 shows only 19 accidents involving electric scooters, according to the Kansas City Fire Department. Case Study: Portland, Oregon ,n January, 2019, the Portland %u reau of Transportation P%OT released its much anticipated 2018 E-Scooter Findings 5eport. P%OT concluded that shared e-s cooters are just as safe as ot her modes of transportation 34% With 34 percent of Portland scooter riders stating they replaced car trips with e-scooter trips, an increase in e-scooter use has the potential to contribute to a reduction in serious injuries and fatalities. O t her Ney safety related findings from the study include•S idewalN riding was more than x less prevalent on streets with protected biNe lanes. •After more than 700,000 trips, there were only 2 reports of pedestrian injury and no indication that either one was severe. ,n recognition of the strong linN between driving and overall crash risN, the study highlighted the potential of increased e-scooter ridership to maNe streets safer for everyone After reviewing emergency department and urgent care clinic data, we found that e-scooters have risks similar to other parts of the transportation system. We did not find a disproportionate risk that would discourage the city from allowing a scooter ride-share pilot. --Portland Environmental Health Director Jae Douglas, Ph.D. “ ” 7) Plan and capabilities for sharing vehicle and ridership data with City to inform and support public safety and transportation planning efforts, including anonymized trip records for each shared vehicle deployed within Meridian (e.g. trip start date, time, and location, duration; distance; trip end date, time, and location). We support the Mobility Data Specification (MDS) API, which includes a tokenized feed of detailed trip data such as trip route, duration, and distance, in addition to battery level and vehicle ID. We also host an open General Bikeshare Feed Specification (GBFS) availability feed, which can allow the City and third parties to access information on all currently available vehicles. We also support city-specific data-sharing dashboards, which include: •Real-time aggregated, anonymized data. •Ridership heat maps with ride start-and-end information. •Rider frequency. •Contact information for a dedicated Government Relations representative.•Real-time maps of all Birds and all active rides in the City. SERVING UCLA Data Dashboard & Tech Support Premium dashboard with white glove tech support, which will: ●Track all Bird vehicles and trips ●Calculate transition from car trips to Bird trips for compliance with C02 emissions reduction commitments ●Plan transit integration with popular Bird traffic routes ●Help improve multimodal infrastructure planning ●Plan Bird parking locations based on flight patterns ●Help determine how Bird ridership is deterring intracampus Rideshare trips The Bird API allows you to access in-depth data on Bird operations in your city. Built to the Mobility Data Specification (MDS) standard, developed by the LADOT, our application program interface (API) can provide you with a wide range of information on vehicle availability, trips, and status changes. To streamline the process of pulling real time data, you should ping Bird’s API endpoints every 2-3 minutes, pulling only the data for that time window.  This will also improve performance of any applications updating based on MDS data. When pulling large amounts of historical data, allow your system to properly ingest, process, load and store data by limiting your queries to one month periods and not making more than one call every five seconds. Make smaller, more frequent calls Space out large requests TYPES OF INFORMATION PROVIDED IN THE API BEST PRACTICES HOW TO GET STARTED 1.Login at the provided [yourcity].open.bird.co landing page using your city email address. 
 (Let your Bird contact know if you need access). 2.Click on your username in the upper right hand corner and select ‘settings’ from the drop down menu. 3.To enable collaboration with other cities and identify where Bird can complement your mobility menu 4.Use this token to make an API request. For example, let’s say you want to get availability information. 
 You send a GET to https://mds.bird.co/availability. As the headers you’ll send: Because MDS request require an authentication header you can not use a web browser. You will need to use a different method, such as a command line interface or API development environment. If you’re integrating data into a 3rd party tool,
 that partner will often have helpful sample code
 for how to integrate into their platform. Don’t access the API through a web browser Leverage partners for sample code if needed TRIP INFORMATION Trip length including both duration
 and distance Start & end time timestamp for when trips and events happen Route including lat/log at ride
 start and end and regular observed points on route Cost including both standard
 and actual cost Vehicle information Vehicle status such as available, reserved, unavailable, and removed Events that change status including service period, rider usage, maintenance, and battery level Event location shared as a GeoJSON
 with latitude and
 longitude coordinates Vehicle ID unique vehicle
 identification number also visible on the vehicle $ Getting started with your Bird MDS API !27 8) Rider rules, regulations, and terms of use, including whether the following conditions will be recommended or required for riders: minimum age, helmet use, licensed driver. Rider Rules Bird explicitly instructs riders on rules of the road through the Bird app, on our website, and through outbound communications (email, push, and in-app notifications). This includes the proper way to ride and park scooters (such as in the furniture zone, not blocking driveways, entrances, access ramps, etc.). Additionally, the Bird app features a comprehensive, animated safety video that all Bird riders are required to watch and engage with when they first open the application. The video is always accessible in the app and in the safety section of the Bird website. In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways, doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as possible. We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to customize this messaging in order to provide the most relevant safety messages and rules of the road. 9) Plan for public outreach and education prior to and during franchise term, including plan to contact Meridian business, school, and residential communities. Education In-App and Online Education Bird is committed to educating riders and the community about safety rules and regulations at the time of sign-up and before every ride. Information provided on Bird scooters will inform riders on how to operate the device safely, including the following safety precautions as well as best riding and parking practices: •Obey all applicable vehicle code requirements •Strongly encourage the use of helmets •Park in appropriate locations •Financial penalties for violation of any of the above As mentioned previously, Bird explicitly instructs riders on the proper way to park e-scooters (such as in the furniture zone, not blocking driveways, entrances, access ramps, etc.) in the Bird app, on our website, and through outbound communications (email, push, and in-app notifications). The Bird app features a comprehensive, animated safety video that all Bird riders are required to watch and engage with when they first open the application. The video is always accessible in the app and in the safety section of the Bird website. In the animated video, riders are shown how to ride and park vehicles in a responsible, legal, and compliant way. This includes showing riders that they are required to park out of the pedestrian right-of-way and not to block access to ramps, driveways, doorways, and more. The video relies on clear images, in addition to written language, to be as universally accessible as possible. We can also implement Meridian-specific educational safety banners that riders see at the top of their mobile screen before each ride begins, and again while they are ending their ride and parking. We look forward to continuing to work with Meridian to customize this messaging in order to provide the most relevant safety messages and rules of the road. As noted in other sections, riders are required to submit end-of-ride photos that allow us to monitor parking behavior and adjust our online education efforts based on the feedback. San Antonio, Texas Bird began operating in San Antonio in June 2018, and the City passed a 6-month dockless pilot program i n O c t o b e r 2 0 1 8 . T h e rules set out in the pilot program ensure safe and equitable service by enforcing a minimum rider age of 16 (Bird requires all riders to be 18 or over), making bike lanes and/or streets the primary areas where riders should use Bird, and not setting a limit on the number of vehicles Bird can operate across San Antonio. Bird follows a strict utilization operational model, meaning that we will only add more Birds to a given market if there is an average of 2 rides per vehicle per day. This ensures we are meeting, but not exceeding, rider demand. After months of thoughtful deliberation, the City of San Antonio decided that the best way to ensure that it’s residents will have access to this accessible, sustainable transportation option was by allowing Bird to responsibly allocate vehicles based on utilization - as opposed to implementing a “top down” cap that is inflexible and doesn’t take account of ridership patterns, seasonality, etc. Memphis, Tennessee In June 2018, the City of Memphis invited Bird to help them tackle their transportation challenges . After a series of meetings with City Staff, the parties agreed to an Interim Operating Agreement, which enables Bird to follow the utilization cap fleet management model, placing no cap on Bird’s fleet sizes. Memphis has since emerged as a pioneer in the dockless mobility movement and is the first City to implement designated Bird parking spots. We continue to have a great working relationship with the City of Memphis and look forward to continuing to grow Bird’s fleet to achieve our shared mobility goals. Dallas, Texas Dallas City Council announced a dockless vehicle ordinance in June 2018, the same month in which Bird began operating in the City. Over the last six months, we have formed close relations with the Dallas Department of Transportation (DOT), in large part because their dockless vehicle regulations prioritize both safety and innovation. These regulations state that e-scooters should be ridden in bike lanes whenever available, and should be parked out of the public right-of-way - two guidelines that Bird communicates to all riders prior to their first ride through an in-app tutorial. Dallas also does not limit the number of vehicles Bird operates in Dallas. Similar to San Antonio, this allows Bird to expand our fleet according to utilization and ultimately provide a more accessible and equitable service for all. Indianapolis, Indiana Bird worked closely with Indianapolis through the Summer of 2017 on developing a regulatory framework that permitted 1,500 vehicles for the first 30 days of operations, with the ability to scale up to 6,000 vehicles. This fleet size enabled Bird to provide a more equitable service to the community by scaling beyond areas of the City with the highest concentration. This also enabled residents to consistently rely on Bird for their daily transportation needs as they navigate to/from the city as well as within it. However, while having an adequate fleet size is necessary for providing an equitable and reliable service, Bird recommends utilization caps - as this allows supply to scale with demand, and not oversaturate or undersupply markets. As metropolitan populations increase and more cars are added to already congested streets - traffic tightens, parking difficulties escalate, infrastructure lags behind, commute times increase, and air and noise pollution threaten the climate and our quality of life. Now is the perfect time for cities to invest in sustainable, people-centric transportation solutions, and Bird looks forward to partnering with cities as they ideate and create regulations for dockless mobility services in their community. Hurricane Florence Case Study Background In September of 2018, Hurricane Florence, a Category 4 hurricane with sustained winds of 130 mph, hit the Southeast region of the United States. This tragic event primarily affected the states of North Carolina, South Carolina, and Virginia—including the following cities Bird operates in: Charlotte, Raleigh, Winston-Salem, Greensboro, Richmond, Virginia Beach, and Norfolk. This was the first weather event of its kind to occur since Bird began its operations in the Southeast region. In order to adequately prepare Hurricane Florence, Bird—in partnership with city officials—took a number of actions to prepare for the storm. The following is an overview of how Bird prepared and executed its operational plan during Hurricane Florence. The Execution Prior to Florence reaching U.S. soil, Bird mobilized our network of on-the-ground employees and trained chargers to prepare
 for the storm, alerting them of the actions that needed to take place. The most intensive, and important, action that needed to take place was removing vehicles from the road in a timely manner, prior to the beginning of the storm. Bird immediately cleared the map of all Birds to prohibit usage, and within days, the team had successfully removed thousands of Birds in Charlotte, Raleigh, Winston-Salem, Greensboro, Richmond, Virginia Beach, and Norfolk. Throughout the storm, Bird’s operations team continued monitoring the incoming storm
 and provided real-time status updates to our employees, city partners, chargers, and riders to promote transparency and ensure safety. Once the storm had passed, Bird worked closely with local municipalities to determine when it was safe for Birds to return to city streets. Prior to resuming service and enabling rides, all Birds were thoroughly inspected for any damages, and only those deemed safe
 to ride were returned to streets. Raleigh Charlotte Greensboro Winston-Salem Richmond Norfolk Virginia Beach APPENDIX A: TERMS OF SERVICE APPENDIX B: RENTAL AGREEMENT Thank you Meridian City Council Meeting Agenda July 9, 2019 – Page 398 of 542 I TEM SHEET C ouncil Agenda I tem - 3.H. Presenter: Colin M oss Estimated Time f or P resentation: 0 Title of I tem - 2019-2021 Discovery P ark Concessions Lease Agreement L ease agreement f or the Discovery P ark concessions stand. AT TAC HM E NT S: Description Type Upload D ate 2019-2021 D iscovery Park Concessions L ease A greement A greements / C ontracts 7/2/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 399 of 542 CQ/rE IDIZ IAN*,-----DAHO CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 H Project File Name/Number: Item Title: Discovery Park Concessions Lease Agreement 2019-2021 Meeting Notes: LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT DISCOVERY PARK ("L.ease") is entered into by and between the City of Meridian ("Landlord"), and Jessica Brazell, on behalf of Aloha Ice Tropical Sno ("Tenant"), effective the 9! day of _T, 2019 ("Effective Date"). In this Lease, Landlord and Tenant may be referred to individu ly as a "Party" or collectively as "Parties." WHEREAS, Landlord owns Discovery Park, located at 2121 E. Lake Hazel Road, which park includes a concession building adjacent to the playground and splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. U. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in Request for Proposals for 2019.2021 Discovery Park Concessions Building, and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of -which risks may be unknown. DISCOVERY PARK CONCESSION BUILDING LEASE AGREEMENT mage 1 of 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 1 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 2 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 3 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 7 o f 5 4 2 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. TENANT: ALOHA ICE TROPICAL SN "Ch �f Jessica =ADRIENNEAL 81869 LANDLORD: CITY OF MERIDIAN: BY: Tammy de Weerd, Mayor State of Idaho } ��(1, } Ss: County of P xv� . } I HEREBY CERT[FX that on this —L day of 141 2419, before the undersigned, a Notary Public in the State o -T Idaho, personally appeared Jessica Brazel], proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Waho Residing at, Idaho My Commission Expires: ATTEST: S JgWon, City ED AUGI/`sT ow city r SEAL DiSCovERY PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 0 9 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 0 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 1 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 2 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 3 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 1 7 o f 5 4 2 I TEM SHEET C ouncil Agenda I tem - 3.I . Presenter: E mily K ane Estimated Time f or P resentation: 1 minute Title of I tem - M emorandum of Agreement for Shared Use of Countywide Address Data AT TAC HM E NT S: Description Type Upload D ate Memorandum of Agreement f or S hared Use of C ountywide A ddress Data Cover Memo 6/25/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 418 of 542 EIDIANDAHO ,? -- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 I Project File Name/Number: Item Title: Memorandum of Agreement for Shared Use of Countrywide Address Data An Agreement updated code references and renewing provisions of existing agreement (executed 9/18/2012) for interagency sharing of addressing dataset used by GIS to create maps for public safety access to addresses in Meridian, Boise and Ada County. Meeting Notes: IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the _ day of 2019. ADA COUNTY: BOARD OF ADA COUNTY COMMISSIONERS Kendra Kenyon, Chairman By: Diana Lachiondo, Commissioner LOW Rick Visser, Commissioner Attest: Phil McGrane, Ada County Clerk CITY OF BOISE: David Bieter, Mayor Attest: Linda Lowry, City Clerk ex officio CITY OF MERIDIAN: By: Tammy de Weerd, Mayor_ Attest: MOA: COUNTYWIDE GIS DATASET PAGE 5 OF 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ___ day of _______________________, 2019. ADA COUNTY: BOARD OF ADA COUNTY COMMISSIONERS By: _________________________________________ Kendra Kenyon, Chairman By: _________________________________________ Diana Lachiondo, Commissioner By: _________________________________________ Rick Visser, Commissioner Attest: _________________________________________ Phil McGrane, Ada County Clerk CITY OF BOISE: By: _________________________________________ David Bieter, Mayor Attest: _________________________________________ Linda Lowry, City Clerk ex officio CITY OF MERIDIAN: By: _________________________________________ Tammy de Weerd, Mayor Attest: _________________________________________ Chris Johnson, City Clerk MOA: COUNTYWIDE GIS DATASET PAGE 5 OF 5 7/9/19 7/9/19 CITY OF BOISE Resolution NO. RES-290-19 BY THE COUNCIL CLEGG, LUDWIG, MCLEAN, SANCHEZ, THOMSON AND WOODINGS A RESOLUTION APPROVING A MEMORANDUM OF AGREEMENT FOR SHARED USE OF COUNTYWIDE ADDRESS DATA, BETWEEN THE CITY OF BOISE CITY (IT DEPARTMENT), ADA COUNTY, AND THE CITY OF MERIDIAN; AUTHORIZING THE MAYOR AND CITY CLERK TO RESPECTIVELY EXECUTE AND ATTEST SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on September 18, 2012, via Resolution 21860, the city of Boise City entered into a Memorandum of Agreement with Ada County and the City of Meridian providing for the shared access of county-wide address data between the parties; and WHEREAS, the city of Boise City, Ada County and the city of Meridian now desire to provide address point information to members of the general public; and WHEREAS, the attached Memorandum of Agreement for Shared Use of Countywide Address Data would supersede the 2012 Memorandum of Agreement, continue to provide mutual access to the addressing dataset by the city of Boise, city of Meridian, and Ada County, and further permit disclosure of address point information to the general public. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That the Memorandum of Agreement for Shared Use of Countywide Address Data, between the city of Boise City, Ada County, and the city of Meridian, attached hereto and incorporated herein by reference, be, and the same is hereby, approved as to both form and content. Section 2. That the Mayor and City Clerk be, and they hereby are, authorized to respectively execute and attest said Memorandum of Agreement for Shared Use of Countrywide Address Data for and on behalf of the city of Boise City. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. CITY OF BOISE ADOPTED by the Council of Boise City, Idaho, on July 9, 2019. APPROVED by the Mayor of the Boise City, Idaho, on July 9, 2019. APPROVED: David H. Bieter, Mayor ATTEST: Lynda Lowry, Ex-Officio City Clerk EIDIAN?- DAJ CITY COUNCIL WORK SESSION AGENDA July 9 2019 Agenda Item Number: 3 1 Project File Name/Number: Item Title: Acceptance Agreement for Display of Artwork in Initial Point Gallery with Shawn Hubbs Meeting Notes: Dq,� I I I TEM SHEET C ouncil Agenda I tem - 3.J . Presenter: Hillary Blackstone Estimated Time f or P resentation: 0 Title of I tem - Acceptance Agr eement for Display of Artwork in Initial P oint G allery with Shawn Hubbs S hawn Hub b s is s ched uled to dis play 3D wo rks in Initial P o int G allery in 2020 (Dec ember - January) AT TAC HM E NT S: Description Type Upload D ate I P G Hubbs A greements / C ontracts 7/3/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 424 of 542 ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the C144t day of OLA , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Shawn Hubbs, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall by the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Meridian Arts Commission ("Commission") recommends to the Meridian City Council that Artist's artwork be displayed in Initial Point Gallery; WHEREAS, the Meridian City Council accepts such recommendation and directs the Commission to work with Artist to establish a display of Artist's artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on 12/6/2019, at such time as is specified by the Gallery Curator. Artist shall be responsible for hanging such artwork on 12/6/2019, at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from 12/6/2019 through 1/30/2020, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on 1/31/2020, at such time as is specified by the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE I ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 2 No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist’s work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission’s request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be responsible for contacting the Gallery Curator at least thirty (30) days prior prior to the date of delivery of artwork to Initial Point Gallery to confirm details regarding the installation, removal, publicity, and promotion of the exhibit . Artist’s failure to affirmatively contact the Gallery Curator as required by this paragraph shall constitute a default of this Agreement. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the most recent Call to Artists issued for Initial Point Gallery, and the Application and Acknowledgements Form completed by Artist, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in these enumerated documents, does not reflect artwork as described to the Commission or the Gallery Curator, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. Meridian City Council Meeting Agenda July 9, 2019 – Page 426 of 542 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 3 B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City’s authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist’s name. Artist hereby conveys to City permission to use Artist’s name for purposes of advertising, marketing, and public information, without violation of Artist’s rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist’s logo, if any, for any purpose without the express, written permission of Artist. D. Use of City’s name. City hereby conveys to Artist permission to use City’s name for purposes of advertising, marketing, and public information, without violation of City’s rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City’s logo for any purpose without the express, written permission of the Mayor’s Chief of Staff. E. Removal of artwork by City. City shall have the right to remove Artist’s artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist’s artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City’s sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist’s servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist’s performance of this Agreement, whether such loss or damage may be attributable to Meridian City Council Meeting Agenda July 9, 2019 – Page 427 of 542 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 4 known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist’s responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists’ rights or obligations described herein. Insurance of the artwork; of the Artist’s person, property, or interests; and/or of the Artist’s employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist’s insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker’s compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with or is in default of any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by providing written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) calendar days, not including Sundays or federal holidays, after the other party mails such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated immediately upon mailing of written notice of termination. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an Meridian City Council Meeting Agenda July 9, 2019 – Page 428 of 542 ACCEPTANCE AGREEMENT – INITIAL POINT GALLERY DISPLAY PAGE 5 employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. Successors and assigns. Artist shall not subcontract or assign any of Artist’s obligations under this Agreement that require or that may require Artist’s artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist’s artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: City: Shawn Hubbs Hillary Blackstone Initial Point Gallery Curator 33 E. Broadway Ave. Meridian ID 83642 1226 Syringa Place Nampa, ID 83686 Meridian City Council Meeting Agenda July 9, 2019 – Page 429 of 542 Either party may change its respective mailing address by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date written above. ARTIST: Shawn Hubbs CITY OF MERIDIAN: BY• a erd, Mayor Attest: ACCEPTANCE AGREEMENT -INITIAL POINT GALLERY DISPLAY Hum o�QORp,TEDA(/ v V \ ly of _ ANS IDAHO SEAL 2 PAGE 6 E IDIA DAHO CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 K Project File Name/Number: Item Title: Professional Services Agreement for Artwork for Traffic Box Community Art Project. 1. Holly Badke, Allegretto 2. Nicole Branham, Unicorn Ice Cream 3. Ava Gardner, Hopefully Bunny 4. Anne Watson Sorensen, Meridian of Time (aka Funky Town #10) Meeting Notes: c✓ I TEM SHEET C ouncil Agenda I tem - 3.K . Presenter: Hillary Estimated Time f or P resentation: 0 Title of I tem - Professional S ervices Agreements for Artwork for T raffic B ox Community Art Project Artists were approved for the repository, MA C would like to move forward with wrapping this set of works before the end of the year. One of the works above, Unicorn I ce Cream, will be wrapped in the UR A . AT TAC HM E NT S: Description Type Upload D ate P S A B adke A greements / C ontracts 7/2/2019 P S A B ranham A greements / C ontracts 7/2/2019 P S A Watson S orensen A greements / C ontracts 7/2/2019 P S A Gardiner A greements / C ontracts 7/3/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 431 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this day offU1\/ , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized Ender the laws of the State of Idaho ("City"), and Holly Badke, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic. Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box. Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Allegretto, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original. Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT Page 1 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT Agreement”) is made this ___ day of _________, 2019 (“Effective Date”), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (“City”), and Holly Badke, an individual person (“Artist”). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission (“MAC”) issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project (“Project”), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Allegretto, depicted in Exhibit C hereto Artwork”) submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps (“Vinyl Wrap”), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City’s sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist’s person, property, or interests. Insurance of original Artwork shall be in Artist’s sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain Page 1 Meridian City Council Meeting Agenda July 9, 2019 – Page 432 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Page 2 Meridian City Council Meeting Agenda July 9, 2019 – Page 433 of 542 D. Entire Agreement. This.Agreement constitutes the entire understanding between the Parties. - This Agreement supersedes any and all statements, promises, or inducements made by either party, or- agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the-courts'of Ada County, Idaho: F. Severability: If any provision of this Agreement is'found by a court of co"MP etentjurisdiction to be _ illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. 'Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs,'executors, and administrators. H. Advice of attorney. Each parry warrants and represents that in executing this Agreement, it has received independent legal advice'from its attorneys or the opportunity to seek such advice. I. Exhibits. All- exhibits to this Agreement are incorporated by reference and made a part of hereof as`if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreemenf'shallbe expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in 'the absence of Meridian City Council'approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Holly Badke CITY OF MERIDIAN: e�RpTED.gV� � BY: Attest: ilti Tammy de Weerd, Mayor C Is J P, IDIAN> -a IDAHO SEAL �2r c 4ofrne TREAS� �1 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX CoNn U4T Y ART PROJECT page 3 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist’s last name and artwork title. E-mailed submissions may be sent to mac@meridiancity.org: documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, April 12, 2019. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; Appropriateness of subject and concept for a public space; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT A Page 4 Meridian City Council Meeting Agenda July 9, 2019 – Page 435 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT B APPLICATION MATERIALS Page 5 Meridian City Council Meeting Agenda July 9, 2019 – Page 436 of 542 Artist Holly Badke Holly Badke found her passion in art after her children were grown, and she had time to develop aHollyBadkefoundherpassioninartafterherchildrenweregrown, and she had time to develop aHollyBadkefoundherpassioninartafterherchildrenweregrown, and she had time to develop aHollyBadkefoundherpassioninartafterherchildrenweregrown, and she had time to develop a childhood talent. Herpaintingschildhoodtalent. Herpaintingschildhoodtalent. Herpaintingschildhoodtalent. Her paintings speak from her life experience. She paints images of places, people, andspeakfromherlifeexperience. She paints images of places, people, andspeakfromherlifeexperience. She paints images of places, people, andspeakfromherlifeexperience. She paints images of places, people, and animals she has encountered on world travels with her husband. She also paints the spectacularanimalsshehasencounteredonworldtravelswithherhusband. She also paints the spectacularanimalsshehasencounteredonworldtravelswithherhusband. She also paints the spectacularanimalsshehasencounteredonworldtravelswithherhusband. She also paints the spectacular scenery of Idaho where she has lived for the past 35 years.scenery of Idaho where she has lived for the past 35 years.scenery of Idaho where she has lived for the past 35 years.scenery of Idaho where she has lived for the past 35 years. Holly has exhibitedHollyhasexhibitedHollyhasexhibitedHollyhasexhibited her art at “Art and Roses”, Meridian City Hall, Garden City Library, the Saintherartat “Art and Roses”, Meridian City Hall, Garden City Library, the Saintherartat “Art and Roses”, Meridian City Hall, Garden City Library, the Saintherartat “Art and Roses”, Meridian City Hall, Garden City Library, the Saint Luke’s Christmas Card Show and Art Wall, the State Capitol Rotunda, the Idaho Watercolor SocietyLuke’s Christmas Card Show and Art Wall, the State Capitol Rotunda, the Idaho Watercolor SocietyLuke’s Christmas Card Show and Art Wall, the State Capitol Rotunda, the Idaho Watercolor SocietyLuke’s Christmas Card Show and Art Wall, the State Capitol Rotunda, the Idaho Watercolor Society juried show at Boise State University and Saint Alphonsus..juried show at Boise State University and Saint Alphonsus..juried show at Boise State University and Saint Alphonsus..juried show at Boise State University and Saint Alphonsus.. She is thereSheisthereSheisthereSheistherecipient of several local and international awards including a Saint Luke’s designatedcipientofseverallocalandinternationalawardsincludingaSaintLuke’s designatedcipientofseverallocalandinternationalawardsincludingaSaintLuke’s designatedcipientofseverallocalandinternationalawardsincludingaSaintLuke’s designated Christmas card in 2005 and 2006, a winner in the3Christmascardin2005and2006, a winner in the3Christmascardin2005and2006, a winner in the3Christmascardin2005and2006, a winner in the 3rdrdrdrd Annual International Strings Art CompetitionAnnualInternationalStringsArtCompetitionAnnualInternationalStringsArtCompetitionAnnualInternationalStringsArtCompetition Allegretto(Allegretto (Allegretto(Allegretto---- ----a painting of her daughter), and a featured work (HighAdvapaintingofherdaughter), and a featured work (HighAdvapaintingofherdaughter), and a featured work (HighAdvapaintingofherdaughter), and a featured work (High Adventure) in Horizon Magazine.enture) in Horizon Magazine.enture) in Horizon Magazine.enture) in Horizon Magazine. She has been a member of the Idaho Watercolor Society which provided her the opportunity toShehasbeenamemberoftheIdahoWatercolorSocietywhichprovidedhertheopportunitytoShehasbeenamemberoftheIdahoWatercolorSocietywhichprovidedhertheopportunitytoShehasbeenamemberoftheIdahoWatercolorSocietywhichprovidedhertheopportunityto study with outstanding artists from around the United States. Holly is also grateful to the late, WillstudywithoutstandingartistsfromaroundtheUnitedStates. Holly is also grateful to the late, WillstudywithoutstandingartistsfromaroundtheUnitedStates. Holly is also grateful to the late, WillstudywithoutstandingartistsfromaroundtheUnitedStates. Holly is also grateful to the late, Will Nelson for the manytecNelsonforthemanytecNelsonforthemanytecNelsonforthemanytechniques she learned in his art classes.hniques she learned in his art classes.hniques she learned in his art classes.hniques she learned in his art classes. Page 6 Meridian City Council Meeting Agenda July 9, 2019 – Page 437 of 542 Page 7 Meridian City Council Meeting Agenda July 9, 2019 – Page 438 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT C A LLEGRETTO Page 8 Meridian City Council Meeting Agenda July 9, 2019 – Page 439 of 542 ARTWORK- LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made thisday of ,2019 (`Effective Date"), by and between the City of Meridian, a municipal corporation organized tinder the laws of the State of Idaho ("City"), and Katy Branham, an individual person and parent or legal guardian of Nicole Branham, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Unicorn Ice Cream, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Contractor and Artist wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Contractor acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Contractor shall deliver, and shall allow City to temporarily take possession of, the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Contractor, Artist, and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Contractor and Artist shall maintain any copyright in the original ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 1 o f 5 4 2 creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONTACTOR: Katy gAnham. Parent or Guardian of Nicole Branham CITY OF MERIDIAN: BY: Attest: Tammy de Weerd, Mayor ARTIST: 1* NI('0IQ Q 0 - Nicole Branham ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT NIccle- �p,T ED A UGC 01V "f W iDAHN SEAL 4 . M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 3 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 4 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 5 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 6 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 7 o f 5 4 2 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 4 8 o f 5 4 2 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this" day of JAS , 2019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organize nder the laws of the State of Idaho ("City"), and Hayley Gardiner ("Contractor"), an individual person and parent or legal guardian of Ava Gardiner, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Hopeful Bunny, depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Contractor and Artist wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work, on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Contractor acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Contractor shall deliver, and shall allow City to temporarily take possession of, the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Contractor, Artist, and City agree that the Vinyl Wrap shall constitute a derivative work of the ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT the copyright of the derivative work and any product or component thereof, including the Vinyl Wrap created therefrom, which shall belong wholly to the City, and Artist shall not make any claim thereto. As to the derivative work: 1. Artist expressly waives any and all right, title, or interest in the images or products created using the derivative work. Artist understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. 2. Artist agrees to relinquish and waive any and all rights, title, and interest to the derivative work, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq . Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Artist is creator of Artwork. Artist warrants and represents that Artist is the sole creator of the Artwork; and that Artist is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any derivative work arising from a portion or product thereof, including the Vinyl Wrap created therefrom. The installation location(s) of the Vinyl Wrap created as derivative works from Artwork, if any, will be selected in the City’s sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City’s sole discretion. Artist specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof for preparation of the derivative work, including the Vinyl Wrap created therefrom. City shall not be obligated by this Agreement to install any Vinyl Wrap featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Artist for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Artist consents to City’s publication and/or use of any photographs or recordings of Artist, Artwork, derivative works created using Artwork, and/or the Vinyl Wrap for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Artist acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Artist shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Artist or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. C. Relationship of Parties. Artist is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Meridian City Council Meeting Agenda July 9, 2019 – Page 450 of 542 C. Relationship of Parties. Contractor and Artist are independent contractors and neither is an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each parry and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by .reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. CONT ardian of Ava Gardiner CITY OF MERIDIAN: BY: Attest: Ta►nmy de Weerd, Mayor ARTIST: Ava Gardiner ARTWORK LICENSE AGREEMENT: TRAFFIc Box COMMUNrrY ART PROJECT #tVaL EDAUGU T S 0 i+ Cit% of �w Citykr� ua tiJ1H1V'� IDAHO �^ SEAL 4 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist’s last name and artwork title. E-mailed submissions may be sent to mac@meridiancity.org: documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, April 12, 2019. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; Appropriateness of subject and concept for a public space; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT A Meridian City Council Meeting Agenda July 9, 2019 – Page 459 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT B APPLICATION MATERIALS Meridian City Council Meeting Agenda July 9, 2019 – Page 460 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 461 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT C HOPEFUL BUNNY Meridian City Council Meeting Agenda July 9, 2019 – Page 463 of 542 Ava Gardiner,is a seventh grader in Meridian,Idaho who loves to draw and create art in her spare time.She started drawing as a child and has continued throughout the years taking summer art classes and participating in art as her elective during middle school. Ava spends her time hiking,practicing piano,playing with friends and family,and drawing.Ava tends to draw mostly in the semi-realistic style and uses animals and nature scenes as her subject matter.This may be because she has five pets at home including three chickens,one bunny,and one snake called Marv”which she named after Voldemort from the Harry Potter series.She is thrilled to be getting a new puppy this summer that will likely continue to inspire her art. Last fall she was able to visit New York City and loved the opportunity to view and admire original art from Picasso,Monet, Jackson Pollock,and Van Gogh at the Metropolitan Museum of Art.Ava studies Bob Ross and is inspired by his artwork and technique while learning that,We don't make mistakes,just happy little accidents.” While creating art,Ava tries to plan it out and practices until she has achieved her vision.Ava would like to continue in art electives throughout high school,college,and eventually have a career that integrates art into her life. Meridian City Council Meeting Agenda July 9, 2019 – Page 462 of 542 ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT This ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT ("Agreement") is made this day of42019 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Anne Watson Sorensen, an individual person ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for production of vinyl wraps to be installed on traffic signal boxes in Meridian as derivative works, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public•, WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2019, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the piece of art entitled Meridian of Time (aka Funky Town #10), depicted in Exhibit C hereto ("Artwork") submitted by Artist, and on June 11, 2019, Meridian City Council accepted such recommendation, creating the Traffic Box Art Image Repository via Resolution no. 19-2146; WHEREAS, Artist wishes to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict a derivative work of the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: I. SCOPE. A. License; alterations. Artist grants to City an irrevocable license to digitally and/or photographically produce a derivative work from the image of the original Artwork, print such image or portion(s) thereof on one or more vinyl wraps ("Vinyl Wrap"), install the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho, and authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box as a derivative work of the Artwork, or for any other purpose, in City's sole discretion. B. Delivery of Artwork; purpose. Artist shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image or portions thereof on the Vinyl Wrap, and installing the Vinyl Wrap as a derivative work on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Artist's person, property, or interests. Insurance of original Artwork shall be in Artist's sole discretion and responsibility. Artist shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. C. Copyright. Artist and City agree that the Vinyl Wrap shall constitute a derivative work of the Artwork with a separate copyright. Artist shall maintain any copyright in the original Artwork. City shall maintain ARTWORK LICENSE AGREEMENT: TRAFFIC BOX COMMUNITY ART PROJECT D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: f Fri 1, � I %W rc n orensen CITY OF MERIDIAN: BY: Attest: Tammy de Weerd, Mayor City D AUGvsT ow city of _ `� LL SEAL ARTWORK LICENSE AGREEMENT: TRAFFIC Box COMMUNITY ART PROJECT Page 3 ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT Call for Artists : TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. Artwork included in the repository may not be selected for a traffic box wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City’s selected vendor. ELIGIBILITY: This project is open to applicants regardless of race, gender, gender identity, sexual orientation, religion, nationality, or disability. The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho’s Treasure Valley, created using any medium, so long as it can be represented in a high- resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to three (3) images for consideration; a maximum of two (2) images per person may be selected for inclusion in the repository. Incomplete or late submissions will be deemed ineligible and will not be considered. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: Completed, signed Traffic Box Art Image Repository Application & Acknowledgements form; Descriptions of artwork submitted (which may be used on the online Digital Public Art Map and/or in posted descriptions of completed boxes), approx. 2-3 sentences per artwork, in .pdf format; Biography of the artist (or artist statement), must fit on one-page, in .pdf format; and Up to three (3) digital images of original artwork proposed for inclusion in the digital repository, image file names must include artist’s last name and artwork title. E-mailed submissions may be sent to mac@meridiancity.org : documents must be .PDF and artwork images must be .JPG format. Hard copy materials (printed on 20 lb paper) may be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, April 12, 2019. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees either by email or letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: Quality of work; Appropriateness of subject and concept for a public space; Consistency with City policy and community values; and Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT A Meridian City Council Meeting Agenda July 9, 2019 – Page 453 of 542 ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT B APPLICATION MATERIALS Meridian City Council Meeting Agenda July 9, 2019 – Page 454 of 542 ARTWORK LICENSE AGREEMENT : TRAFFIC BOX COMMUNITY ART PROJECT EXHIBIT C M ERIDIAN OF T IME (AKA FUNKY T OWN #10) Meridian City Council Meeting Agenda July 9, 2019 – Page 455 of 542 EIDIANDAHO ,? CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 L Project File Name/Number: Item Title: Legal Services FY2019 Budget Amendment - $61,071 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.L . Presenter: Estimated Time f or P resentation: 0 Title of I tem - F Y 2019 Budget Amendment in the Amount of $61,071 for L egal S ervices AT TAC HM E NT S: Description Type Upload D ate B udget A mendment Cover Memo 7/5/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 464 of 542 � n c= ro O O O 0 0 0 0 0 0ca C � O d � v o v obi w 0 N U, U, U U, 0 0 0 w O O O O NO O rA y 000 :y cn N 0 V Fa n v � o c N v c m 6 1 O O (D = y J n d '2. m O C ear 0 v O O O O O Cr) 0 m O _ O O M VI ❑❑ M 0 M Ln M V m. 0 0 ❑ 0 ❑ Gl z IL ❑ Ln N� N o to N to N N NU, to N v 'e N W Ln N N N N w� 0 to N in NN c to N to N to N to N cn N 6 m h � Co N to N cn N to N O O w = O O O O O 7 QO O O O O O X v 0 0 0 0 0 m m v T C 7 3 0 m Q N C w to D o m 0 0 h kc Dl N F-' 0 A /D W A � O O O O O O O O m O _ O O M VI ❑❑ M 0 M Ln M V m. 0 0 ❑ 0 ❑ 0 ❑ z IL ❑ O O O O O O O O O O O O O aq — v v a 3 �3* a N N N Ln N� N N to N to N N NU, to N w N W Ln N N N N w� 0 to N in NN to to N to N to N to N cn N to N Co N to N cn N to N O O O O O O O O O O O O O O 0 0 0 0 0 0 m v T C O 3 0 m Oul to D o m F-' 0 /D ^ A � O O O O O O O O O O O O O 0 D 3 v - v J � = rD m ao n p fD N rD -U� V� V� 1� m FD* x �o ( fD m = 7 m w N O N O A O W O mw N O N o A W O O r O O O O O O O O c aq — v v a 3 �3* a N N N Ln N� N N to N to N to N to N to N to N to N to N 0 0 0 Co 0 0 0 0 A A A A A A A A O O O O W N N N Ul W N FN-� A 0 m 0 O O 0 0 0 0 0 0 m v T C O 3 0 m D o m r00o /D ^ (D 0 n D — J O 0 D 3 v J � = rD n p fD N rD -U� V� V� 1� 0 m g � ( a v S0 _ o (D c aq — v v a 3 �3* a rD rD i0 co co h - fD N 0 O — 3 3 Q N -• h h a Z N z z ^ 0 of Cu ti. 0 K Q "meq O °� _ `• `J o o N �� El CD z 0 0 l Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a J u l y 9 , 2 0 1 9 – P a g e 4 6 6 o f 5 4 2 pd o o () K1 J ! (D F' r c N ro N V1 -- 0 w O n C) ro rt ro N w H �o ur i O En Ln (D o rt N N 51 p N o o (D W r H co \ y 0 o 01- F, w OD a. r+ r O 0 5 1p, A H N , pd o o () K1 J ! (D F' r H N ro N V1 Id0 0 w O n C) ro rt ro N w H �o ur i O En Ln (D o rt N N 51 p N o o (D W r H co 0 o 01- F, w OD a. r+ r O 0 (D 1p, A H N ro ro (D (D \ p p r w w r N H rt rt W r- r• rt m m r 0 o 0 0 o p. 0 O O (D I- ro O rt (D d [n G] 'p m \ rt !-h (D (D (D \ W N N O ti N N N N ` O O (D C H r (D LQ (D W m H fA H �3 'tl rtrr yoyuu n rrt rr p �° m ro m w (D m r E rt fit N rt 00 r- "C 0 rn r p a (D (0 (D (n O U) m r O � H ro r F'• a co o a �a Ch Ln N w n rt 00 dad tj "0 r P) r - O (4D N O I N J ! � H N m N V1 Id0 � w O C) ro rt O (4D N O I N J ! � H N N V1 � w C) ro (D ro N w H �o ur i 0 o 0 O o m p 0 m W In H d F. to G O w OD r H N rt City Of Meridian Statement of Revenues and Expenditures - Rev and Exp Report - Jenny 1520 - Legal Dept. O1 - General Fund From 10/1/2018 Through 9/30/2019 Budget with Amendments Percent Total Current Year Budget Budget Actual Remaining Remaining OPERATING COSTS 55106 Legal Services 30,000.00 31,433.68 (1,433.68) (4.78)% 80104 Penalties/Settlements... 0.00 31,071.27 (31,071.27) 0.00% Total OPERATING COSTS 30,000.00 62.504.95 (32,504.95) (108.35)% DEPT EXPENDITURES 30,000.00 62,504.95 (32,504.95) (108.35)% TOTAL EXPENDITURES 30,000.00 62,504.95 (32,504.95) (108.35)% Date: 6/28/19 11:41:37 AM Page: 1 �jQ/rE IDIZ IAN?�- I DAHJ CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 M Project File Name/Number: Item Title: AP invoices for Payment - 6/27/2019 - Special - $10,550.76 Meeting Notes: U✓ WHIED I TEM SHEET C ouncil Agenda I tem - 3.M. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 06/27/19 - Special - $10,550.76 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 6/27/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 467 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund CALIFORNIA STATE DISBURSEMENT UNIT Case#200000001821200 Gary Vanderstraeten Child Sup June 2019 250.00 01 General Fund CITY OF BOISE - CITY PRINT & MAIL SERVICES National Night Out Brochures 64.37 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash June 2019 142.31 01 General Fund HANDY CLAY DWIGHT Refund:Fees paid 10/19/17 included a 3/4 in. water meter nev 240.23 01 General Fund HSBC (COSTCO) BUSINESS SERVICE Food for Employee Picnic - 2019 1,170.17 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#251042 B.Caldwell Child Support June 2019 363.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#257233 C.Romero Child Support June 2019 96.97 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#262519 T.Bryner Child Support June 2019 1,174.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#311213 M.Payne Child Support June 2019 317.00 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#321962 M.Gould Child Support June 2019 821.71 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#352890 G.Stark Child Support June 2019 653.19 01 General Fund IDAHO CHILD SUPPORT RECEIPTING Case#416457 J.Overton Child Support June 2019 328.57 01 General Fund LOTUS BOISE CORP 05/15-05/26/19 x 104 Summer Camp Radio Ad spots on The River 1,040.00 01 General Fund LOTUS BOISE CORP 05/27-05/31/19 x 46 Summer Camp Radio Ad spots on The River 460.00 01 General Fund OREGON CHILD SUPPORT PROGRAM #410000000121812 Nicholas A Butler Child Support June 2019 546.00 Total 01 General Fund 7,667.52 60 Enterprise Fund ADA COUNTY SHERIFF'S OFFICE #18007695 M Edwards June 2019 641.40 60 Enterprise Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash June 2019 75.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#326566 N.Howell Child Support June 2019 299.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#344238 B.Kerr Child Support June 2019 443.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#352719 B.Arte Child Support June 2019 349.00 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#354376 M.Edwards Child Support June 2019 221.64 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#412750 D.Patton Child Support June 2019 604.20 60 Enterprise Fund IDAHO CHILD SUPPORT RECEIPTING Case#415054 A.Deighton Child Support June 2019 250.00 Date: 6/27/19 09:52:17 AM Page: 1Meridian City Council Meeting Agenda July 9, 2019 – Page 468 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 2,883.24 Report Total 10,550.76 Date: 6/27/19 09:52:17 AM Page: 2Meridian City Council Meeting Agenda July 9, 2019 – Page 469 of 542 EIDIAN.,±DAHO -- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 N Project File Name/Number: Item Title: AP Invoices for Payment - 6/28/2019 - $112,950.63 Meeting Notes: u✓ APPRO 'k 0 I TEM SHEET C ouncil Agenda I tem - 3.N. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 06/28/19 - $112,950.63 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 7/1/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 470 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund AFLAC June 2019 AFLAC 3,688.62 01 General Fund DISCOVERY BENEFITS Flex June 2019 22,765.50 01 General Fund IAFF LOCAL 4627 #4627 Firefighters Dues June 2019 6,487.39 01 General Fund KEYBANK City of Meridian HSA Contributions June 2019 3,039.97 01 General Fund NAGE Local R-14 687 June 2019 14.00 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC June 2019 Pre Tax Contribution 41,572.98 01 General Fund NATIONWIDE RETIREMENT SOLUTIONS, INC June 2019 Roth Contributions 13,943.22 01 General Fund UNITED WAY OF TREASURE VALLEY #17426 June 2019 Contributions 396.59 01 General Fund WSCFF EMPLOYEE BENEFIT TRUST June 2019 MERP Contributions 3,700.00 Total 01 General Fund 95,608.27 60 Enterprise Fund AFLAC June 2019 AFLAC 595.24 60 Enterprise Fund DISCOVERY BENEFITS Flex June 2019 7,609.87 60 Enterprise Fund KEYBANK City of Meridian HSA Contributions June 2019 400.00 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC June 2019 Pre Tax Contribution 6,364.45 60 Enterprise Fund NATIONWIDE RETIREMENT SOLUTIONS, INC June 2019 Roth Contributions 2,312.80 60 Enterprise Fund UNITED WAY OF TREASURE VALLEY #17426 June 2019 Contributions 60.00 Total 60 Enterprise Fund 17,342.36 Report Total 112,950.63 Date: 6/28/19 09:45:04 AM Page: 1Meridian City Council Meeting Agenda July 9, 2019 – Page 471 of 542 �/rEDAHO IDIZ IAN,! CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 O Project File Name/Number: Item Title: AP Invoices for Payment - 7/3/2019 - $789,533.59 Meeting Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 3.O. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 07/03/19 - $789,533.59 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment Cover Memo 6/27/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 472 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A-1 STAMP & MABEL'S LABELS Name Plate for Chris Johnson City Clerk 10.00 01 General Fund ADA COUNTY SHERIFF'S OFFICE Phone Translation Service for May 2019 271.82 01 General Fund ADVANCE AUTO PARTS spark plugs for small engines - qty 10 34.10 01 General Fund ADVANCE AUTO PARTS Ventrac #2 repair parts - qty 14 20.82 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE Handle repair at Congression Rep Door in City Hall 60.00 01 General Fund ANDREW'S UPHOLSTERY Replace Foam & Cover Hole in Driver Seat Unit # 100 160.00 01 General Fund AS YOU WISH CLOTHIERS 220/ Alterations, Class A, Carden-Rausch 156.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 Assurance Services from OAS-CR: 03072019A Meridian I 2,700.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 Assurance Services from OAS-CR: 03072019B Meridian I 7,650.00 01 General Fund AVOLVE SOFTWARE CORPORATION 18-0386 PlansAnywhere Tier 4-26 Users, PlansAnywhere On Boar 27,525.00 01 General Fund AVOLVE SOFTWARE CORPORATION 19-0386 Outreach Training-Rollout 2,000.00 01 General Fund AVOLVE SOFTWARE CORPORATION Travel Expenses for Onsite Training 5/15/19-5/16/19 591.80 01 General Fund BERRY ELECTRICAL SERVICES, INC.19-0299 Streetlight Repair Pole#30547b 5/8/19 1,083.75 01 General Fund BIG T RECREATION crown cap for Heroes Park playground - qty 3 114.00 01 General Fund BIG T RECREATION Loopy Whoop part for Storey Park playground - qty 1 2,158.00 01 General Fund BOBS QUADS Kleiner Park mule #1 repair 422.13 01 General Fund BOBS QUADS Settlers Park 2011 Kawasaki mule #5 repair 311.95 01 General Fund BOE - Boise Office Equipment XPN547404: B&W; Color Copies 05/22/19-06/21/19 183.89 01 General Fund BOISE FITNESS EQUIPMENT Maintenance on workout equipment-treadmills/ ellipticals 45.00 01 General Fund BONNEVILLE BLUE PRINT SUPPLY copies of park site maps - qty 48 22.56 01 General Fund BRIGHT IDEAS LIGHTING COMPANY Exterior Light Repair - PD Admin 210.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY outlet install at Fuller Park snow cone site 135.00 01 General Fund BRIGHT IDEAS LIGHTING COMPANY security camera box install at Kleiner Park 81.25 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/repair & mtnc MF024, oil change, tire rot, rear brakes 573.31 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC AC Repair for Unit # 142 959.10 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit # 48 159.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Credit Inv # 9395 unit#141 (1,395.98) 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Diag Engine Light, Repair Temp Sensor Connetion #151 85.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC fleet truck 14 oil change - license C17279 60.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Front Brakes for Unit # 45 431.73 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Pump, Ball Joints, Oil change and Tires for Unit # 141 1,395.98 Date: 6/27/19 11:12:29 AM Page: 1Meridian City Council Meeting Agenda July 9, 2019 – Page 473 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Fuel Pump, Ball Joints, Oil Change, Tires & Alignment # 141 1,915.06 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Headlight Bulb for Unit # 122 11.29 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC L.F. Axle Seal Unit # 40 179.73 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LF Window Regulator, Oil change for Unit # 525 409.48 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF & Wipers for Unit # 13 76.20 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF & Wipers for Unit # 40 94.90 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF for Unit # 144 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF unit # 49 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Air Filter for Unit # 524 88.98 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Post Pit Inspeciton & Alignment for Unit # 103 154.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Rear Brakes for Unit # 158 463.05 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC LOF, Transmission Service Unit # 166 165.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & air filter for fleet truck 8 - license C18529 79.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change and Tires for Unit # 21 733.08 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 100 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 131 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 151 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, Tires and Alignment for Unit # 47 843.15 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Rear Shocks for Unit # 525 262.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC recreation van service - license C17231 373.91 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires, Oil Change, Trans Svc and Alignment for Unit # 155 844.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Vehicle Maintenance/Oil Change C20826 Vehicle #1 55.00 01 General Fund BUCKS BAGS INC 220/14 rope bags, divided all stations 308.00 01 General Fund BUCKS BAGS INC 220/5 firefighter intubation kit bags 330.00 01 General Fund CABLE ONE 112461900 City Hall Cable Service 06/16/19 - 07/15/19 47.78 01 General Fund CABLE ONE 220/digital device rental 6.12 01 General Fund CABLE ONE 220/digital device rental, FSC 6.12 01 General Fund CABLE ONE 220/digital device rental, ST. 2 6.12 01 General Fund CALIFORNIA BUILDING OFFICIALS Website Job Ad for-Mechanical Inspection Supervisor 264.00 01 General Fund CALIFORNIA BUILDING OFFICIALS Website Job Ad-Building Plans Examiner II 400.00 01 General Fund CENTURYLINK Fuller Park Modem Service 6/10 - 7/9/19 107.84 01 General Fund CUTTING EDGE TRAINING LLC Force-on-Force & Scenario Inst. 04/29/19-05/02/19 525.00 01 General Fund DISCOVERY BENEFITS 19-0131;Cobra/FSA Monthly Fees for May 2019.1,272.75 01 General Fund DOUGLAS GREEN Per Diem: D.Green, ESRI Conf. San Diego,CA 07/07/19-07/12/19 390.50 01 General Fund ELAINE CRISTELLA instructor fee - Vintage Furniture & Decor 6/8/19 - qty 2 104.00 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO 3 Lamp Ballasts for mailroom, orange wire nuts 53.67 Date: 6/27/19 11:12:29 AM Page: 2Meridian City Council Meeting Agenda July 9, 2019 – Page 474 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Inventory of Florescent Bulbs for PD Admin - qty 60 132.37 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 19-0060 220/Prev Health Exam 840.00 01 General Fund EMERGENCY RESPONDERS HEALTH CENTER 19-0060 220/Prev Health Exams, qty 6 5,040.00 01 General Fund ENHANCED TELECOMMUNICATIONS camera rewire at Kleiner on restrooms, playground poles, NVR 1,028.80 01 General Fund ENHANCED TELECOMMUNICATIONS camera upgrades to Kleiner main concession area 746.00 01 General Fund ENHANCED TELECOMMUNICATIONS security camera services at Kleiner Park 2,339.18 01 General Fund EVENT RENT white folding chairs for GKleiner Day orchestra performance 113.40 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Art 6/4-6/6/19 - qty 26 1,395.20 01 General Fund H.D. FOWLER COMPANY credit on dripline for Heroes Park - qty 1 (67.43) 01 General Fund H.D. FOWLER COMPANY drinking fountain parts for various parks - qty 10 29.10 01 General Fund H.D. FOWLER COMPANY dripline for Heroes Park - qty 1 26.97 01 General Fund H.D. FOWLER COMPANY dripline for Heroes Park - qty 2 134.86 01 General Fund H.D. FOWLER COMPANY fittings for pressure data logger - qty 7 30.81 01 General Fund H.D. FOWLER COMPANY irrigation drip filter for PD - qty 1 74.04 01 General Fund H.D. FOWLER COMPANY irrigation drip part for PD - qty 1 88.81 01 General Fund H.D. FOWLER COMPANY irrigation drip parts for PD - qty 303 266.29 01 General Fund H.D. FOWLER COMPANY irrigation drip parts for PD - qty 76 92.18 01 General Fund H.D. FOWLER COMPANY NDS box for Kleiner Park - qty 1 27.51 01 General Fund H.D. FOWLER COMPANY sprinkler heads for Heroes Park - qty 12 351.00 01 General Fund HENKEN LAW, LLC Attorney Fees - Investigation 04/23/19 - 06/10/19 10,314.00 01 General Fund HOME DEPOT CREDIT SERVICES Paint and Sticky Strips 10.76 01 General Fund HOME DEPOT CREDIT SERVICES power strip surge protector for Settlers Park - qty 1 26.47 01 General Fund HORIZON DISTRIBUTORS INC chainsaw repair part for Lanark Parks Shop - qty 1 31.79 01 General Fund HORIZON DISTRIBUTORS INC gas cans for Discovery Park - qty 7 310.91 01 General Fund HORIZON DISTRIBUTORS INC gas cans for Heroes and Bear Creek Parks - qty 5 223.35 01 General Fund HORIZON DISTRIBUTORS INC John Deere 1600 mower blades - qty 7 154.70 01 General Fund HORIZON DISTRIBUTORS INC small engine parts - qty 26 136.83 01 General Fund HORIZON DISTRIBUTORS INC v-belt and idler pulley for Exmark 19 repair - qty 3 313.36 01 General Fund HORIZON DISTRIBUTORS INC weed eater line & Echo starter recoil - qty 4 179.27 01 General Fund IDAHO CHIEFS OF POLICE ASSOC Reg:S.Harper, ICOPA Conf, 09/30/19 Boise,ID 270.00 01 General Fund IDAHO NUTRITION ASSOCIATES, LLC instructor fee - Cook with Kids 6/4-6/6/19 572.00 01 General Fund IDAHO POWER 2205054725, Police Power June 2019 3,317.01 01 General Fund IDAHO POWER 2207295045 Fire Departent Power - June 2019 - Fire Sta. #6 67.20 01 General Fund IDAHO PRESS-TRIBUNE Amending City Code Sec. 3 39.22 01 General Fund IDAHO PRESS-TRIBUNE AZ Idaho College of ostepathic Medicine Ord#19-1826 155.16 Date: 6/27/19 11:12:29 AM Page: 3Meridian City Council Meeting Agenda July 9, 2019 – Page 475 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund IDAHO PRESS-TRIBUNE June 5th,2019 Prelimianry Budget Hearings 22.20 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Mt View High 118.92 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Ord#18-1788 Compass Charter 136.18 01 General Fund IDAHO PRESS-TRIBUNE Legal Notice Whitecliff 115.46 01 General Fund IDAHO PRESS-TRIBUNE Silver Springs H-2019-0058, Caldera Canyon H-2019-0062, Rach 86.12 01 General Fund IDAHO PRESS-TRIBUNE Three Corners Ranch ReZone 46.62 01 General Fund IDAHO PRESS-TRIBUNE Twisted Creek H-2019-0059, Oakmore Sub H-2018-0118, Oaks nor 108.56 01 General Fund IDAHO STATESMAN 263398 - Job Postings 05/06/19 - 06/02/19 1,091.00 01 General Fund IDAHO STATESMAN CM-Job Postings 12/31/18 - 02/03/19 (1,171.75) 01 General Fund IDAHO TECHNOLOGY COUNCIL 2019 Bronze membership 4,000.00 01 General Fund INTERMOUNTAIN GAS 0981623008 June 2019 1,355.04 01 General Fund JAYKER WHOLESALE NURSERY Apple tree for Kleiner Community Garden - qty 1 108.50 01 General Fund JAYKER WHOLESALE NURSERY Crimson Sentry maple tree for Kleiner Park - qty 1 330.95 01 General Fund JAYKER WHOLESALE NURSERY plants for Kleiner Park - qty 8 169.00 01 General Fund JAYKER WHOLESALE NURSERY plants for PD beds - qty 6 45.50 01 General Fund JAYKER WHOLESALE NURSERY plants for PD beds - qty 68 1,083.60 01 General Fund JOE BONGIORNO Per Diem:J.Bongiorno,MultiCities,ID,ID School Board Present. 273.25 01 General Fund JOHNSTONE SUPPLY Kleiner barbecue repair parts - qty 2 47.44 01 General Fund KAY PARK-REC CORP frame only trash can receptacles - qty 8 1,194.00 01 General Fund KNIGHT TECHNOLOGY GROUP & KATELYN MCLEOD Cisco Catalyst 3850-12XS-E Switch-L3-Managed-12x1 Gigabit/10 8,250.25 01 General Fund L.N. CURTIS AND SONS 19-0174 220/Size 7M Structure Boots 405.94 01 General Fund L.N. CURTIS AND SONS 19-0239 220/Spanner wrenches, qty 12 543.45 01 General Fund L.N. CURTIS AND SONS Replacement Pants, Damaged on Duty - Cushing 50.00 01 General Fund LAWN CO MAINTENANCE Fuller Park landscape restoration for ADA compliance 875.00 01 General Fund LAWN CO MAINTENANCE Homecourt sprinkler repairs 387.20 01 General Fund LAWN CO MAINTENANCE Main Street Island downtown lightpole replacement PD#18-8647 3,525.00 01 General Fund LEVEL 3 COMMUNICATIONS, LLC.Level 3 Communications Telephone, Jun 2019, 268238 972.70 01 General Fund LS REFEREEING 19-0050 basketball officials 5/20-5/24/19 - qty 3 teams 187.50 01 General Fund M2M WIRELESS antennas for sprinkler cell phones at Kleiner Park - qty 3 187.50 01 General Fund M2M WIRELESS Parks Modem Service 6/20 - 7/19/19 Qty 24 modems 275.25 01 General Fund MCMULLEN LATERAL WATER USERS ASSOCIATION 2019 ditch maintenance, repairs, improvements at KBLP 127.71 01 General Fund MERCER HEALTH & BENEFITS 19-0149 Health & Benefits Consulting Services for June 2019. 5,000.00 Date: 6/27/19 11:12:29 AM Page: 4Meridian City Council Meeting Agenda July 9, 2019 – Page 476 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund MERIDIAN SYMPHONY ORCHESTRA 6/8/19 Mer Symph Orchestra performance for G Kleiner Day 4,000.00 01 General Fund MINUTEMAN, INC.keys for seasonal staff 136.75 01 General Fund MORGAN CARTER Per Diem:M.Carter,DRE Field Inst. Cert., Reno,NV 363.00 01 General Fund MOTION & FLOW CONTROL PRODUCTS repair parts for Jacobsen R-311 mower - qty 4 2.30 01 General Fund O'REILLY AUTO PARTS toggle switch for Fuller Park pressure washer - qty 1 5.99 01 General Fund OFFICE DEPOT, INC.220/10 binders, 10 dividers 101.00 01 General Fund OFFICE DEPOT, INC.220/7 document covers 37.59 01 General Fund OFFICE DEPOT, INC.220/foil certificates, 2 pk 7.50 01 General Fund OFFICE DEPOT, INC.220/gloss paper, 2 packages 28.62 01 General Fund OFFICE DEPOT, INC.220/taper dispenser, 6 cert folders 56.62 01 General Fund OFFICE DEPOT, INC.black printer toner x 1 & copy paper x 2 cases 133.51 01 General Fund OFFICE DEPOT, INC.Copy paper/Cubicle hooks Plan Review 31.46 01 General Fund OFFICE DEPOT, INC.HR Office Supplies: Easel, paper, pens, legal pads 132.25 01 General Fund OFFICE DEPOT, INC.HR-Office Supplies: 1-3 pk of Memory USB.29.29 01 General Fund OFFICE DEPOT, INC.pens & tape - qty 2 20.69 01 General Fund OFFICE DEPOT, INC.Stamp for Copy Room 5.04 01 General Fund OFFICE DEPOT, INC.Toner, Tape Dispenser, Mouse Pad w/wrist rest, Post it's 314.88 01 General Fund OFFICE TEAM Contracted labor for HR Administrative Assistant position. 847.88 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 525 15.00 01 General Fund REVVED UP MOTORSPORTS Rear Tire for Unit # 523 258.00 01 General Fund RICOH USA, INC C86173707 Mo.lease 7/1-31/19 + addt'l pages 646.93 01 General Fund RICOH USA, INC C86243698 Ricoh Copies for May 2019 249.85 01 General Fund ROCKY MOUNTAIN COLLISION 220/MF008, emissions test 9.98 01 General Fund ROCKY MOUNTAIN INSTRUMENTATION, INC metering fertigation pump - qty 7 2,180.62 01 General Fund ROCKY MTN TOWING 220/tow cars for extrication demonstration, Public Safety Ac 105.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE fleet truck 6 flat tire repair - license C18045 20.00 01 General Fund ROGERS TIRE PROS AND AUTO CARE northside mow crew Exmark 48 flat tire repair 20.00 01 General Fund RYAN BEECROFT Per Diem: R.Beecroft ESRI User Conf San Diego CA 390.50 01 General Fund SHI INTERNATIONAL CORP 19-0312 Kaspersky Maintenance Service Agreement Plus Tech Su 10,178.64 01 General Fund SIGNS, ETC Drug Free School Zone Signs 779.25 01 General Fund SILVINO T. LYRA instructor fee - fencing 6/3-6/7/19 - qty 8 960.00 01 General Fund SLHS SERVICE AREA Pre Employment Testing 113.00 01 General Fund SPORTSMANS WAREHOUSE 220/duck rescue net, equipment, E32 34.99 01 General Fund SPORTSMANS WAREHOUSE Plastic Container to Store Supplies 4.49 Date: 6/27/19 11:12:29 AM Page: 5Meridian City Council Meeting Agenda July 9, 2019 – Page 477 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF009, will not start, trouble shoot, call for tow 1,400.08 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF014, Prev Mtnc 1,002.28 01 General Fund STAR FIRE DISTRICT MAINTENANCE DIVISION 220/MF045, replace knox key vault 127.50 01 General Fund SYNCB/AMAZON 436688393856 220/cooking spray, 2, incentives 29.98 01 General Fund SYNCB/AMAZON King Frog book - qty 1 26.32 01 General Fund SYNCB/AMAZON Misc Paper Bowls 29.35 01 General Fund SYNCB/AMAZON oil stain - qty 3 204.90 01 General Fund SYNCB/AMAZON Omoton Screen Protector for iPad Air 3, 10.5inch 2019/iPad P 12.48 01 General Fund T-ZERS SHIRT SHOP 19-0217 220/Honor guard polos, qty 24, Honor Guard 582.80 01 General Fund T-ZERS SHIRT SHOP 19-0217 220/tshirts, shorts, hats, embroidery, qty 77 972.30 01 General Fund T-ZERS SHIRT SHOP 220/embroider logo on furnished equip bags, honor guard 343.00 01 General Fund TATES RENTS (GENERAL OFFICE)chainsaw chain - qty 1 18.04 01 General Fund TATES RENTS (GENERAL OFFICE)propane for forklift 25.20 01 General Fund TATES RENTS (GENERAL OFFICE)rototiller for PD plant beds 6/6-6/7/19 90.00 01 General Fund TATES RENTS (GENERAL OFFICE)wood chipper rental for various sites 6/4-6/5/19 421.20 01 General Fund THE UPS STORE Postage to Send Camera to Factory for Replacement 16.26 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/repair trainng manikin, hand stitch chest zipper 100.00 01 General Fund THUNDER MOUNTAIN TENT & CANVAS 220/rescue drag straps, ff equipment 532.00 01 General Fund TROPHY HOUSE PROS Years of Service-Name Plate for employee K.Glenn 13.00 01 General Fund TROPHY HOUSE PROS Years of Service-Name plate for Steven J. O'Brien 13.00 01 General Fund ULTRA TOUCH CAR WASH Car Wash; Com Dev C20996, PD #3514 25.40 01 General Fund UNIFORMS 2 GEAR 19-0214 220/10 job shirts, 4 boots 1,892.78 01 General Fund UNIFORMS 2 GEAR Credit for Returning Sample Shirts (260.05) 01 General Fund UNIFORMS 2 GEAR Hat for Harris 16.50 01 General Fund UNIFORMS 2 GEAR Hats for Ferronato and Overton 31.88 01 General Fund UNIFORMS 2 GEAR New Short Sleeve Shirts for CSO's 268.20 01 General Fund UNIFORMS 2 GEAR Patrol Hats for Attinger & Lloyd 28.50 01 General Fund UNIFORMS 2 GEAR Shirt Samples for SRO 148.90 01 General Fund VCI AUDIO ENTERTAINMENT 50% due for Movie Night AV tech & sound at Settlers Park 2,400.00 01 General Fund VCI AUDIO ENTERTAINMENT pay #1 for Movie Night audio-visual services 2,400.00 01 General Fund VCI AUDIO ENTERTAINMENT speaker batteries & repair 150.00 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data Plan #1, 5/21 - 6/20/19 762.11 Date: 6/27/19 11:12:29 AM Page: 6Meridian City Council Meeting Agenda July 9, 2019 – Page 478 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 5/21 - 6/20/19 8,103.69 01 General Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Data Plan #2 - 5/21 - 6/20/19 516.52 01 General Fund WIENHOFF & ASSOCIATES, INC Pre Employment Testing 60.00 01 General Fund WIENHOFF & ASSOCIATES, INC Pre-employment background employment /random testing. 2,570.00 Total 01 General Fund 165,133.65 07 Impact Fund BONNEVILLE BLUE PRINT SUPPLY sprinkler maps for Discovery Park - qty 18 21.42 07 Impact Fund BRIGHT IDEAS LIGHTING COMPANY download construction video footage of Discovery Park 120.00 07 Impact Fund ELECTRICAL WHOLESALE SUPPLY CO anchor kit for Discovery Park - qty 1 18.16 07 Impact Fund ESI, INC 19-0230 220/ST. 6, pay application May2019 376,535.87 07 Impact Fund H.D. FOWLER COMPANY Discovery Park drinking fountain parts - qty 7 36.27 07 Impact Fund H.D. FOWLER COMPANY irrigation parts for Discovery Park - qty 102 100.75 07 Impact Fund MATERIALS TESTING & INSPECTION 19-0254 220/ST. 6 task order-services 5-12 to 5-25 504.10 07 Impact Fund MATERIALS TESTING & INSPECTION 19-0254 220/Task order 10770, St. 6, services 5-26 to 6-8-19 1,122.15 07 Impact Fund SYNCB/AMAZON oil stain for Discovery Park play log and bench - qty 3 204.90 Total 07 Impact Fund 378,663.62 20 Grant Fund governmental FISHER SCIENTIFIC 19-0309 - TruNarc hand held narcotic analyzer (ODP Grant Fun 27,287.75 20 Grant Fund governmental FISHER SCIENTIFIC 19-0309 - TruNarc handheld narcotic analyzer ODP grant funde 26,787.75 20 Grant Fund governmental FISHER SCIENTIFIC 19-0309 - TruNarc handheld narcotics analyzer credit for inv (27,287.75) 20 Grant Fund governmental IDAHO STATESMAN 263398 - Job Postings 05/06/19 - 06/02/19 87.08 20 Grant Fund governmental NATIONAL COMMUNITY DEVELOPMENT ASSOCIATION NCDA Membership Dues 07/01/19 - 06/30/20,C.Campbell 940.00 Total 20 Grant Fund governmental 27,814.83 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS Notary Stamp for C. Ochner 35.00 60 Enterprise Fund A-1 STAMP & MABEL'S LABELS repair rubber stamp for Amanda 15.00 Date: 6/27/19 11:12:29 AM Page: 7Meridian City Council Meeting Agenda July 9, 2019 – Page 479 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund ALL AMERICAN INSURANCE Notary Bond for M.Hoyt 50.00 60 Enterprise Fund ANALYTICAL LABORATORIES INC.PO#19-0082; Water Micro Sampling; Qty 107 1,626.40 60 Enterprise Fund AVAYA, INC.Service Agreement, Hardware 236.91 60 Enterprise Fund BLIMPIE - MOXIE JAVA PWW Tour 143 Lunches 901.78 60 Enterprise Fund BOISE MOBILE EQUIPMENT, INC Install AC Power Inverter on Hydrant Truck;WO#259229 749.70 60 Enterprise Fund CIVIL SURVEY CONSULTANTS 19-0019 ACHD 10 Mi Water-Sewer Svc to 5/31/19 965.50 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 120vac coil (1 qty)16.40 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Parts to reinstall horn & associated coil (12 qty)139.92 60 Enterprise Fund CRAIG & SHAUNA ROBINSON Refund:Wat/Sew/Trash; 1345 W. Overland Rd.72.93 60 Enterprise Fund D & B SUPPLY 2.5gl BLue Def Exhaust Fluid; Qty 2 21.98 60 Enterprise Fund D & B SUPPLY Gloves-size med & lg (2 qty)9.98 60 Enterprise Fund D & B SUPPLY Simple green, sprayer, wasahers, & brass Y w/shut off (4 qty 38.66 60 Enterprise Fund EMMETT G. BURNS Refund:Wat/Sew/Trash; 1540 NW 15th Ave.28.62 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Well 11 Compliance Water Testing 2,158.00 60 Enterprise Fund EWING CO., INC.18-0448,19-0172,19-0338 WRRF Upgrades Svc to 05/31/19 107,954.00 60 Enterprise Fund FASTENAL COMPANY Brass Hex Cap Bolts; Qty 200 1,579.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.Adapter, Hose,Flnge Kit,Dust Cap@ Well 31; Qty 8;WO#252766 621.54 60 Enterprise Fund FERGUSON ENTERPRISES INC.Meter Box Vault Extension, Round Tapered Meter Box; Qty 4 360.04 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0183; 1.5in Replacement Water Meters; Qty 10 12,836.40 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0183; 2in Water Meters; Qty 8 11,807.60 Date: 6/27/19 11:12:29 AM Page: 8Meridian City Council Meeting Agenda July 9, 2019 – Page 480 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0183; 3in Hydrant Meters; Qty 10 13,480.00 60 Enterprise Fund FERGUSON ENTERPRISES INC.PO#19-0183; Single & Dual Port MXU; Qty 141 24,932.98 60 Enterprise Fund FISHER SCIENTIFIC Carboy spigot (2 qty)99.58 60 Enterprise Fund FISHER SCIENTIFIC pH strips & brain heart media (3 qty)204.36 60 Enterprise Fund FISHER SCIENTIFIC Phenol (1 qty)48.58 60 Enterprise Fund FISHER SCIENTIFIC Potassium sodium tartrate (2 qty)160.38 60 Enterprise Fund FISHER SCIENTIFIC Volumetric pipet (1 cs)93.24 60 Enterprise Fund FRED PRYOR SEMINARS Steve O'Brien 6/10/19-6/09/2020 1yr training mbrship 199.00 60 Enterprise Fund HAZEL ASPHALT, LLC Asphalt Patch Removal & Disposal; Qty 1; WO#257912 750.00 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Nylon Rope, Ext Cord, Pulley, Spring Link for Hoist; Qty 154 111.72 60 Enterprise Fund IDAHO PRESS-TRIBUNE Ord No 18-1789 legal notice land conveyence well 28 93.03 60 Enterprise Fund INTERMOUNTAIN GAS 0981623008 June 2019 2,110.89 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER Automotive Battery, C15281; Qty 1; WO#260318 220.90 60 Enterprise Fund JOHNSTONE SUPPLY New motor for exhaust fan in Digester 3 bldg 120.44 60 Enterprise Fund KELLER ASSOCIATES, INC.No PO Well 18 Water Treatment for svc to 05/31/19 1,162.50 60 Enterprise Fund LAURELEI MCVEY Reimburse:L.McVey, Parking, AIC Conf. 06/19/19-06/20/19 30.00 60 Enterprise Fund LM3 SNYDER PROPERTY LLC Refund:Wat/Sew/Trash; 2537 W. Snyder St.37.26 60 Enterprise Fund MARCUS & LINDSAY STUART Refund:Wat/Sew/Trash; 4150 N. Donovan Way 83.93 60 Enterprise Fund MATERIALS TESTING & INSPECTION 17-0365 WRRF Headworks Upgrades Svc to 6/8/19 212.40 60 Enterprise Fund MATERIALS TESTING & INSPECTION WRRF Capacity Expansion Services through 5/25/19 932.00 Date: 6/27/19 11:12:29 AM Page: 9Meridian City Council Meeting Agenda July 9, 2019 – Page 481 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MATERIALS TESTING & INSPECTION WRRF Capacity Svc through 6/8/19 1,691.10 60 Enterprise Fund MINUTEMAN, INC.Keys for VAC Trailer; Qty 2 6.30 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Separator to repair boiler 3 compressor (1 qty)83.30 60 Enterprise Fund NASSCO MASTER TRAINER NASSCO Infrastructure PACP Onsite Training 7,300.00 60 Enterprise Fund NEXTITLE, A TITLE & ESCROW CO Refund:Wat/Sew/Trash; 322 W. Broadway Ave. NMID PymtMiller,J 84.89 60 Enterprise Fund NORMAN & JANET FAILING Refund:Wat/Sew/Trash; 714 NW 8th St.34.36 60 Enterprise Fund O'REILLY AUTO PARTS Acetone (1 qty)9.99 60 Enterprise Fund O'REILLY AUTO PARTS Chain lube, WD-40, detailer, tire cleaner, & terry towels (9 84.91 60 Enterprise Fund O'REILLY AUTO PARTS Cleaner to wash vehicles (1 gal)16.99 60 Enterprise Fund O'REILLY AUTO PARTS Wheel cleaner for vehciles (1 qty)5.99 60 Enterprise Fund OFFICE DEPOT, INC.Paper, Mousepads 50.02 60 Enterprise Fund OFFICE DEPOT, INC.Toner, Tape Dispenser, Mouse Pad w/wrist rest, Post it's 45.36 60 Enterprise Fund OXARC, INC.PO#19-0010; Sodium Hypo @ Wells 19,27,21,14,25,22;Qty 4935gl 8,089.05 60 Enterprise Fund PATRICK & JESSICA CHURCHMAN Refund:Wat/Sew/Trash; 3520 N. Cooper Ave.53.02 60 Enterprise Fund PLEASANT VALLEY LP Refund:Wat/Sew/Trash; 1098 N. Hickory Ave.121.29 60 Enterprise Fund POWER SYSTEMS WEST PO#19-0124;Generator Maint. @ Victory Res;WO#252966 1,069.44 60 Enterprise Fund QUALITY CONTROL SERVICES, INC.Annual on-site calibration for all major equipment (25 qty) 2,435.00 60 Enterprise Fund RICOH USA, INC C86232612 C86232690 B/W & Color pages Env and PW Printers 192.30 60 Enterprise Fund ROCKY MOUNTAIN VALVES & AUTOMATIONS, INC. PRV Repair Parts, Braided Hoses; Qty 12 445.69 60 Enterprise Fund RYAN & TESSA WINGFIELD Refund:Wat/Sew/Trash; 3469 E. Beamer Ct.59.13 Date: 6/27/19 11:12:29 AM Page: 10Meridian City Council Meeting Agenda July 9, 2019 – Page 482 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund SAWTOOTH LAW OFFICES ACHD Meridian-Cherry-Ustick Services through 06/03/19 400.00 60 Enterprise Fund SHANA LUKER Refund:Wat/Sew/Trash; 932 N. Crestley Ave.20.08 60 Enterprise Fund SIERRA MONITOR CORPORATION Sensor sentry gas sensor modules & H2S sensors (4 qty) 1,655.00 60 Enterprise Fund STAR CONSTRUCTION, LLC Traffic control & ashpalt repair for sewer main repair 1,427.93 60 Enterprise Fund SYNCB/AMAZON 455676586795; Mouse pad for DTrevaskis 9.69 60 Enterprise Fund SYNCB/AMAZON 499558354676; Press switch for compressor on Boiler 3(1 qty) 39.45 60 Enterprise Fund SYNCB/AMAZON 553977997865;Hand Cream, D Batteries for Locater Equip; Qty2 39.68 60 Enterprise Fund SYNCB/AMAZON Microsoft P3Q-0001 Wireless Display Adapter 74.98 60 Enterprise Fund THE UPS STORE IPDES sample shipping 106.15 60 Enterprise Fund TOM MILLER Per Diem:T.Miller,ESRI Conf, San Diego, CA 07/07/19-07/12/19 390.50 60 Enterprise Fund TROY & COURTNEY MERRITT Refund:Wat/Sew/Trash; 567 W. Gable St.105.31 60 Enterprise Fund UDETT SEUFERER Refund:Wat/Sew/Trash; 2329 W. Apgar Creek Dr.37.26 60 Enterprise Fund UNITED OIL Oil for UV hydraulic unit (5 qty)88.95 60 Enterprise Fund UNITED OIL Oil to repair pump 2 at Landing lift station (5 qty)56.45 60 Enterprise Fund VALUE HEATING & AIR CONDITION Replaced Belt on A/C Unit @ Victory Reservoir; WO#260116 139.86 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00001 Data Plan #1, 5/21 - 6/20/19 1,575.69 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00002 Cellphones - 5/21 - 6/20/19 2,445.92 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 965467287-00003 Data Plan #2 - 5/21 - 6/20/19 109.28 60 Enterprise Fund XEROX CORPORATION - PASADENA 8TB576316 b/w (1,736 qty) & color (79 qty) images 12.63 Date: 6/27/19 11:12:29 AM Page: 11Meridian City Council Meeting Agenda July 9, 2019 – Page 483 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount Total 60 Enterprise Fund 217,921.49 Report Total 789,533.59 Date: 6/27/19 11:12:29 AM Page: 12Meridian City Council Meeting Agenda July 9, 2019 – Page 484 of 542 c/rE IDIZ IAN*,------DAHO CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 3 P Project File Name/Number: Item Title: AP Invoices for Payment - 7/10/2019 - $642,218.07 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 3.P. Presenter: Estimated Time f or P resentation: 0 Title of I tem - AP Invoices for P ayment - 7/10/19 - $642,218.07 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for J uly 10, 2019 Cover Memo 7/3/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 485 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund A & i DISTRIBUTORS hydraulic fluid for Jacobsen 311 mower - qty 5 226.25 01 General Fund A & i DISTRIBUTORS oil for Jacobsen R311 mower - qty 4 181.00 01 General Fund ADVANCED LOCK & KEY, LLC Duplicate Key for unit # 81 60.00 01 General Fund ANNE LITTLE ROBERTS Reimburse: A Little Roberts Parking AIC Conf, Boise 6/20-6/2 27.00 01 General Fund BEAKERZ LLC instructor fee-Matter & Chemical Reactions 6/10-6/14/19 x 12 288.00 01 General Fund BEAR VALLEY RIVER CO.Outdoor Adventure Camp whitewater rafting 6/14/19 x 13 390.00 01 General Fund CABLE ONE 220/digital device rental 06/23/19 - 07/22/19 5.78 01 General Fund CARPENTER SCREEN PRINTING Spring Basketball champion shirts - qty 29 255.55 01 General Fund CARPENTER SCREEN PRINTING Spring Volleyball champion shirts - qty 87 716.65 01 General Fund CASCADE STUDENT TRANSPORTATION 19-0311 Summer Camp busing 6/11-13/19; Kleiner, Settlers, HC 1,241.52 01 General Fund CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 06/2019 779.83 01 General Fund CITY OF BOISE ATTORNEYS OFFICE 19-0065 Prosecutory & Criminal Legal Services FY19-July 2019 35,970.59 01 General Fund D & B SUPPLY 1 gallon sprayer - qty 1 12.99 01 General Fund D & B SUPPLY backpack sprayer for Kleiner Park - qty 1 119.95 01 General Fund D & B SUPPLY chainsaw bar - qty 1 38.99 01 General Fund D & B SUPPLY cord for Dairy Days Council parade float - qty 1 10.99 01 General Fund D & B SUPPLY Dog Food for K9 Dory 47.99 01 General Fund D & B SUPPLY Dog Food for K9 Randy 49.99 01 General Fund D & B SUPPLY Dog food for K9 Wyatt 95.98 01 General Fund D & B SUPPLY straw bales for Dairy Days Council parade float - qty 6 47.94 01 General Fund EDWARDS GREENHOUSE annual flowers & baskets for parks & downtown - qty 96 1,043.89 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replace Timer for Longer Lightbar Use Unit # 81 388.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Replacement Push Bumper for Unit #129 404.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Siren Speaker Replacement for Unit # 103 236.40 01 General Fund FASTENAL COMPANY 220/nuts & bolts to install equipment 7.12 01 General Fund FASTENAL COMPANY tech screws & phillips bits - qty 254 46.37 01 General Fund FIRE SENTRY SYSTEMS 19-0205,0283,0336 220/replace Fire Alarm St. 4 12,942.68 01 General Fund GEM STATE PAPER & SUPPLY CO PO 19-0017 Janitorial Supplies Trash Can Liners 328.80 01 General Fund GEM STATE PAPER & SUPPLY CO soap dispensers for various parks - qty 15 0.15 01 General Fund GIESLER AUTO REPAIR fleet truck 12 Ford Ranger alternator/battery repairs C8242 520.59 Date: 7/3/19 04:04:17 PM Page: 1Meridian City Council Meeting Agenda July 9, 2019 – Page 486 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Dinosaurs, Mixed Media 6/17-6/20/19 qty 9 420.00 01 General Fund GOSNEY MANAGEMENT, LLC.instructor fee - Star Wars Art 6/10-6/12/19 - qty 6 264.00 01 General Fund GRANZOW INC Wiring Controls-Settlers Park Splash Pad-Qty.5 1,116.39 01 General Fund HOME DEPOT CREDIT SERVICES 220/3 pk Carbide blades, wood lath 99.17 01 General Fund HOME DEPOT CREDIT SERVICES 220/3 storage cabinets/shelving for pub ed supplies 507.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/bldg mtnc & repair, paint, brushes, scraper, primer 67.80 01 General Fund HOME DEPOT CREDIT SERVICES 220/Bolts, training tower repair 4.31 01 General Fund HOME DEPOT CREDIT SERVICES 220/Drill bits 9.97 01 General Fund HOME DEPOT CREDIT SERVICES 220/fan used for training smoke 129.00 01 General Fund HOME DEPOT CREDIT SERVICES 220/wasp spray, used during onsite fire training 14.91 01 General Fund HOME DEPOT CREDIT SERVICES Bike Patrol Equipment - ext. cord & 2 power strips 71.91 01 General Fund HOME DEPOT CREDIT SERVICES boards for Dairy Days Council parade float - qty 5 16.72 01 General Fund HOME DEPOT CREDIT SERVICES Container lids, 1 quart containers, paint brush combs 7.70 01 General Fund HOME DEPOT CREDIT SERVICES Dairy Days Council parade float materials - qty 16 56.10 01 General Fund HOME DEPOT CREDIT SERVICES Drill bits, door stop, power strips 147.83 01 General Fund HOME DEPOT CREDIT SERVICES Reverse #4610764; this was charged on Mastercard, not HD Cre (507.00) 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 5023220 (3.18) 01 General Fund HOME DEPOT CREDIT SERVICES sales tax reversal reference invoice 6051304 (1.50) 01 General Fund HOME DEPOT CREDIT SERVICES sprinkler repair parts for Pine Avenue - qty 2 6.22 01 General Fund HOME DEPOT CREDIT SERVICES toilet auger/snake to unclog toilets - qty 1 9.97 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards J. Barlow Mech Plan Examiner 46.25 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards J. Shane Build Inspect II 46.25 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Office Expense 46.25 01 General Fund IDAHO EMPLOYMENT LAWYERS PLLC Cultural Assessment 180.00 01 General Fund IDAHO HUMANE SOCIETY 19-0176 Idaho Humane Society - Animal Control Svcs July 2019 32,555.00 01 General Fund IDAHO POWER Fire Department Power - JUNE 2019 2,261.40 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices Ord # 18-1787 172.42 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices Ord19-1827 Impact fee change 117.19 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices Public Hearing new engine fee 62.10 01 General Fund IDAHO PRESS-TRIBUNE Legal Notices Res#19-2147 convey to ACHD 181.05 01 General Fund IDAHO PRESS-TRIBUNE Ord 19-1829; amending city code 8-1-1 42.92 01 General Fund IDAHO PRESS-TRIBUNE PH 6/25/19 - Compliance Engine fees 32.56 01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for K9 Kennel Temp Sensors & Patrol Flashlights 104.46 01 General Fund INTERSTATE ALL BATTERY CENTER Batteries for Patrol - AAA 4packs x 24 per pack 33.36 01 General Fund INTERSTATE ALL BATTERY CENTER Emergency Light Back Up Battery for 3rd Fl Lobby 12.90 01 General Fund JOHN GONZALES Per Diem:J.Gonzalez,Safe Schools Conf,Anaheim,CA 297.00 Date: 7/3/19 04:04:17 PM Page: 2Meridian City Council Meeting Agenda July 9, 2019 – Page 487 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund JUNIOR JAMMER FIDDLERS Entertainment 2019 Employee Appreciation Picnic 200.00 01 General Fund K-9 DISTRIBUTING Dog Food for K9 Gus 204.00 01 General Fund KELLER ASSOCIATES, INC.18-0509 Electrical Plans Examining Services 5/2019 15,246.50 01 General Fund L.N. CURTIS AND SONS 19-0239 220/FF Class B Foam, 6-5 gallon pails, all st.885.28 01 General Fund L.N. CURTIS AND SONS 19-0239 220/ 1 1.5NH Nozzle tip 352.27 01 General Fund L.N. CURTIS AND SONS 19-0239 220/Firefighting Equip, crossfire pkg, nozzles, val 6,038.39 01 General Fund LIFEMED SAFETY, INC 220/replacement pads for pediatric AED's 1,026.00 01 General Fund M.D. WILLIS, INC.June 2019 Stenographic services Council & PZ 2,650.00 01 General Fund MASTERCARD MC CD#0876 June 2019 charges 1,626.63 01 General Fund MASTERCARD MC City#2 #0561 June Charges 1,743.10 01 General Fund MASTERCARD MC City#3 #4976 June charges 166.94 01 General Fund MASTERCARD MC City#4 #0546 June charges 449.55 01 General Fund MASTERCARD MC City#6 #0603 June charges 240.00 01 General Fund MASTERCARD MC City#8 #0595 June charges 2,694.00 01 General Fund MASTERCARD MC City#9 #0579 June charges 1,030.51 01 General Fund MASTERCARD MC Clerk#0512 June charges 385.07 01 General Fund MASTERCARD MC May#2 June 2019 charges 973.08 01 General Fund MASTERCARD MC Mayor#1 #0751 June 2019 charges 24.00 01 General Fund MERIDIAN CYCLES Bike Patrol - basic tuneup 65.00 01 General Fund MERIDIAN CYCLES repair broken spoke & trued wheel - bike patrol 16.50 01 General Fund MOTION & FLOW CONTROL PRODUCTS Jacobsen R311T mower #3 repair parts - qty 9 244.27 01 General Fund MOTIONS DANCE STUDIO instructor fee - Cheer Skills,DairyDaysParade 6/20-6/22/19 408.00 01 General Fund MOTIONS DANCE STUDIO instructor fee-Cheer,HipHop,Princess/Mermaid,Tumble/Flip 576.00 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0292 220/3 sets turnout 6,638.04 01 General Fund MUNICIPAL EMERGENCY SVCS 19-0292 220/4 sets turnouts 8,850.72 01 General Fund MUNICIPAL EMERGENCY SVCS 220/flowtest SCBAs, qty 75 4,450.00 01 General Fund NAPA AUTO PARTS 220/Antifreeze, St. 1, qty 2 11.98 01 General Fund NAPA AUTO PARTS Taillight Bulb for Inventory - Caprices 15.90 01 General Fund NORTHWEST SAFETY CLEAN 220/turnout inspection cleaning & repair, Goodnight 135.68 01 General Fund NORTHWEST SAFETY CLEAN 220/turnout repair, Myers, Stear 487.00 01 General Fund NORTHWEST SAFETY CLEAN 220/turnout repair, O'Donnell, Campbell 381.93 01 General Fund OFFICE DEPOT, INC.1140 / badge holders, filefolders, labels 46.67 01 General Fund OFFICE DEPOT, INC.1140 / color paper 20.00 01 General Fund OFFICE DEPOT, INC.1140 / dividers 39.87 01 General Fund OFFICE DEPOT, INC.1140 / file jackets poly 13.39 01 General Fund OFFICE DEPOT, INC.1140 / return dividers (39.87) 01 General Fund OFFICE DEPOT, INC.220/lables, clear 8.60 Date: 7/3/19 04:04:17 PM Page: 3Meridian City Council Meeting Agenda July 9, 2019 – Page 488 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund OFFICE DEPOT, INC.220/letter size jackets, 1 box 42.65 01 General Fund OFFICE DEPOT, INC.220/paper, toner, dividers, tape 292.99 01 General Fund OFFICE DEPOT, INC.220/sheet prot, paper, dividers 66.66 01 General Fund OFFICE DEPOT, INC.According file, Bldg inspector vehicles 55.30 01 General Fund OFFICE DEPOT, INC.butcher paper for Summer Camp - qty 1 roll 45.21 01 General Fund OFFICE DEPOT, INC.Dry Erase Markers Plan Review 3.34 01 General Fund OFFICE DEPOT, INC.Folders, Wipes, Paper 56.92 01 General Fund OFFICE DEPOT, INC.Furniture Polish 9.99 01 General Fund OFFICE DEPOT, INC.HR Office Supplies: Paper, File Folders, Toner 163.31 01 General Fund OFFICE DEPOT, INC.Kit, Marker, Dry-Erase, Exp 6.37 01 General Fund OFFICE DEPOT, INC.legal pads & file folders - qty 3 38.47 01 General Fund OFFICE DEPOT, INC.Logitech Wireless Combo, Plate, Coated, 9in, 120pk, Cup, Pla 44.35 01 General Fund OFFICE DEPOT, INC.Office Supplies 24.14 01 General Fund OFFICE DEPOT, INC.pens, stapler, tape dispenser, candy, staples, sign holder 10.84 01 General Fund OFFICE DEPOT, INC.Stamp Pad, post-its, doc cover, paper, freshener, markers 74.08 01 General Fund OFFICE DEPOT, INC.Tape Qty. 2 2.26 01 General Fund OXARC, INC.220/Refill 1 medical oxygen cylinder 14.06 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 131 15.00 01 General Fund PAUL'S MERIDIAN STINKER Emission Test for Unit # 140 15.00 01 General Fund PAUL'S MERIDIAN STINKER emissions test for fleet truck 31 - license C20103 20.00 01 General Fund QUALITY ELECTRIC 19-0053, 19-0343 Streetlight Power Locates Svc 6/7/19 4,425.00 01 General Fund QUALITY ELECTRIC 19-0343 FY19 Streetlight Power Locates Svc to 6/18/19 3,581.25 01 General Fund RESERVE ACCOUNT POSTAGE USE June 2019 1,295.05 01 General Fund ROBERT SIMISON Reimburse:R.Simison, Parking, Meetings, Boise,ID 42.00 01 General Fund SADIE JESSOP BEAGLEY 220/uniform hemming, qty 5 75.00 01 General Fund SHANELL ELSON DR#18-6782, Evidence return to owner 1,008.00 01 General Fund SOLUTIONS TO GO Card Board Boxes for Prescription Meds Take Back 217.80 01 General Fund SYNCB/AMAZON 220/floor squeegees qty 2 67.42 01 General Fund SYNCB/AMAZON 220/Hand squeegees, qty 2 47.96 01 General Fund SYNCB/AMAZON 437795846687-Vehicle desk organizer/Phone stand Eye wash 356.15 01 General Fund SYNCB/AMAZON 599656935895-Wall Decal Plan Review Conference Room 34.80 01 General Fund SYNCB/AMAZON 653377466455-wireless keyboard and mouse J. Barlow 45.99 01 General Fund SYNCB/AMAZON 854495674593-220/New saw blade for reciprocating saw 42.95 Date: 7/3/19 04:04:17 PM Page: 4Meridian City Council Meeting Agenda July 9, 2019 – Page 489 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 01 General Fund SYNCB/AMAZON 858549353648-Desk Headphone JBarlow/ Wall Clock Plan Review 84.99 01 General Fund TONY CHANCE T.Chance per diem 7/13-7/27/19 MD NFA Leadership Safety 884.50 01 General Fund TREASURE VALLEY TENNIS ASSOCIATION instructor fee - Tennis 6/4-6/13/19 - qty 102 2,611.20 01 General Fund TYLER PEROT Per Diem:T.Perot, ICC Cert Training, Seattle,WA,494.00 01 General Fund ULINE, INC.flammable storage cabinet for Discovery Park - qty 1 1,243.26 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash D. May Veh#9 C21132 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash D. Ward Veh #8 C21127 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash R. Orozco/D. Ward C20825/C21127 25.40 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash t. Perot Veh #5 C20995 12.70 01 General Fund ULTRA TOUCH CAR WASH Basic Car Wash t. Perot/A. Gustafson C20995/C20826 25.40 01 General Fund UNIFORMS 2 GEAR 19-0214 220/ 7 pair uniform pants 769.23 01 General Fund UNION PACIFIC RAILROAD CO 19-0023 Monthly Rent of South Parking Lot July 2019 1,864.16 01 General Fund UNITED SITE SERVICES INC portable toilets for Homecourt 6/10-7/7/19 325.54 01 General Fund UNITED SITE SERVICES INC portable toilets for Homecourt 6/11-7/8/19 296.52 01 General Fund VARSITY FACILITY SERVICES PO 19-0054 Janitorial Services City Buildings 6/1/19-6/30/19 13,452.02 01 General Fund WEX BANK INC #0496-00-332449-8, 6/30/2019_WEX_Bank 36,189.66 Total 01 General Fund 223,962.71 07 Impact Fund FASTENAL COMPANY trash can hardware for Discovery Park - qty 453 141.72 07 Impact Fund HOME DEPOT CREDIT SERVICES credit on hose for Discovery Park drinking fountain - qty 2 (21.18) 07 Impact Fund HOME DEPOT CREDIT SERVICES hose for Discovery Park drinking fountain - qty 2 41.16 07 Impact Fund HOME DEPOT CREDIT SERVICES tool holder & brackets for Discovery Park - qty 9 61.15 07 Impact Fund L.N. CURTIS AND SONS 220/110V Edraulic battery charger for extrication 479.94 07 Impact Fund MOTION & FLOW CONTROL PRODUCTS Discovery Park drinking fountain part - qty 1 22.44 07 Impact Fund MOTION & FLOW CONTROL PRODUCTS drinking fountain parts for Discovery Park - qty 8 92.08 07 Impact Fund SBI CONTRACTING baby changing stations for Discovery Park - qty 4 1,000.00 Total 07 Impact Fund 1,817.31 20 Grant Fund governmental DELTA M JAMES Technical Assistance MAC updating strategic plan 1,575.00 20 Grant Fund governmental IDAHO TRANSPORTATION DEPARTMENT Refund ITD for overpayment on Seat Belt mobilization grant 292.00 Date: 7/3/19 04:04:17 PM Page: 5Meridian City Council Meeting Agenda July 9, 2019 – Page 490 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 20 Grant Fund governmental MASTERCARD MC CD#0876 June 2019 charges 531.10 Total 20 Grant Fund governmental 2,398.10 60 Enterprise Fund ASSOC OF IDAHO CITIES 2019 AIC Conference Reg for C. Moon and A. Freitag 350.00 60 Enterprise Fund ASSOC OF IDAHO CITIES Assocation of Idaho Cities 2019 Conference Reg D. Miles 175.00 60 Enterprise Fund BERKELEY BUILDING CO.Refund:Surety-2017-0057 Bancroft Square Sub 22,410.76 60 Enterprise Fund BROWN & CALDWELL 18-0284 WRRF Headworks Upgrades theough 11/22/18 23,319.58 60 Enterprise Fund BROWN & CALDWELL 18-284 WRRF Headworks Upgrades service through 5/23/19 36,233.07 60 Enterprise Fund BUREAU OF OCCUPATIONAL LICENSE D.Heaton IBOL Lic Renewal WWC2-21630 30.00 60 Enterprise Fund CALDWELL TRANSPORTATION, INC Charter bueses for Go with the Flow tour (2 qty)1,262.25 60 Enterprise Fund CARQUEST AUTO PARTS Absorbent DE, Absorbent Pad; Qty 3 33.08 60 Enterprise Fund CARQUEST AUTO PARTS Pick Set; Qty 2 26.58 60 Enterprise Fund CENTURYLINK Home Court, PD DSL, Centrex Phone Lines, 06/2019 667.52 60 Enterprise Fund CH2M HILL ENGINEERS, INC 17-0384 WRRF Headworks Upgrades to 4/26/19 34,881.07 60 Enterprise Fund CUE'S Inc Labor & parts for annual maintenance on CCTV Van 1 camera 1,168.21 60 Enterprise Fund CUE'S Inc Tracks for CCTV Van 1 camera (2 qty)840.41 60 Enterprise Fund D & B SUPPLY Dish soap (2 qty)7.98 60 Enterprise Fund D & B SUPPLY Safety boots for MHagler 143.99 60 Enterprise Fund D & B SUPPLY Sprinkler parts (19 qty)100.47 60 Enterprise Fund D & B SUPPLY XL vinyl atlas gloves & a shovel (2 qty)34.98 Date: 7/3/19 04:04:17 PM Page: 6Meridian City Council Meeting Agenda July 9, 2019 – Page 491 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund DC ENGINEERING Arc flash reduction evaluation (75% complete)262.50 60 Enterprise Fund DC ENGINEERING Arc flash reduction evaluation-additional evaluation 80.00 60 Enterprise Fund DC ENGINEERING Meridian WWTP Design/Support Svcs through 5/15/19 1,925.00 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0016 Ferric chloride (45,320 lbs)8,035.24 60 Enterprise Fund DUBOIS CHEMICALS INC 19-0017 Defoamer 2200lbs 2,640.00 60 Enterprise Fund EL-ADA, INC.El-Ada June 2019, Meridian Cares Program Qty.2 14.00 60 Enterprise Fund EL-ADA, INC.El-Ada May 2019, Meridian Cares Program Qty.4 28.00 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Syringe filters (1 pk)221.86 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO# 19-0330; Water Sampling for Lead & Copper 450.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Compliance Sampling for Well 17 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Compliance Sampling for Well 21 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Compliance Sampling for Well 21T 421.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Compliance Sampling for Well 27T 421.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Water Sampling Lead & Copper 1,350.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Water Sampling Lead f & Copper 450.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Well 10B Compliance Water Testing 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC po#19-0330; Well 18 Compliance Water Testing 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Well 22 Compliance Water Testing 2,158.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0330; Well 27 Fluoride Sampling 32.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC PO#19-0887; Compliance Sampling for Well 19 421.00 Date: 7/3/19 04:04:17 PM Page: 7Meridian City Council Meeting Agenda July 9, 2019 – Page 492 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund FRAMEWORK MEETINGS AND DESTINATIONS Steve O'Brien Registration NWCDI July 8-12,2019 550.00 60 Enterprise Fund GIESLER AUTO REPAIR AC Delco Battery & Labor, C12621;WO#260635 233.78 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Power Lever Hedge Trimmer; Qty 1 23.98 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Velcro strips ( 2 qty)7.56 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Business cards for TBernard (500 qty)46.25 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER 9 volt batteries (3 bxs)47.52 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AAA batteries (1 pk)8.20 60 Enterprise Fund INTERSTATE ALL BATTERY CENTER D Batteries for Locater Equip; Qty 1 11.70 60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Truflex belts, tri-power gates, & mechanical pump seals (6 q 229.53 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 & 19-0356 QLPE Svcs-5/1-31/19 Oaks No.#3-8pgs 2,320.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Baraya Sub#4-4sheets 1,160.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Christian Bro Auto-1sheet 290.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Edgehill Sub#1-8sheets 2,320.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Oaks North Sub#1-15 sheets 4,350.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Pleasent Vw Elem-1 sheet 290.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Rockbury No Sub-2sheets 580.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Sky Mesa Cmns#3-3 sheets 870.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Sky Mesa Cmns#4-2sheets 580.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19 Whitecliffe Est#1-5 sheets 1,450.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svcs 5/1-31/19-Movado Sub#5-2 sheets 580.00 Date: 7/3/19 04:04:17 PM Page: 8Meridian City Council Meeting Agenda July 9, 2019 – Page 493 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0148 QLPE Svs 5/1-31/19 Entrata Farms Sub#1-5sheets 1,450.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0164 S. Meridian Sewer Trunk Service through 5/31/19 336.25 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svc 5/1-31/19 Main2Meridian-2 sheets 580.00 60 Enterprise Fund KELLER ASSOCIATES, INC.19-0356 QLPE Svcs 5/1-31/19_Movado Sub#6-5 sheets 1,450.00 60 Enterprise Fund KEVIN DONOVAN Refund, 05503330-02, Wtr/Sew/Trash, 781 E Pasacana St 67.02 60 Enterprise Fund L2 EXCAVATION, LLC.19-0251 FY18 Sewer Point Repair Service to 05/30/19 100,081.00 60 Enterprise Fund L2 EXCAVATION, LLC.19-0251 FY18 Sewer Point Repairs through 05/30/19 86,262.35 60 Enterprise Fund LAKEVIEW GOLF COURSE PWW Golf Scramble Greens Fees 3,360.00 60 Enterprise Fund MASTERCARD MC City#3 #4976 June charges 681.10 60 Enterprise Fund MASTERCARD MC City#4 #0546 June charges 385.03 60 Enterprise Fund MASTERCARD MC City#7 #0587 Chargeback from March 25.20 60 Enterprise Fund MASTERCARD MC PW#1 6/30/19 Statement 1,443.76 60 Enterprise Fund MASTERCARD MC PW#2 6/30/19 Statement 4,323.03 60 Enterprise Fund MASTERCARD MC WW#0611 June 2019 charges 5,137.64 60 Enterprise Fund McCALL INDUSTRIAL SS ball valve, 3/4 inch (4 qty)78.40 60 Enterprise Fund MM&T HOLDING, LLC Refund:Surety-2017-0058 Knightsbridge Sub Ref Orif CR17-469 21,992.57 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Aluminum 6 in cam-lok female type D coupler (2 qty)95.65 60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Aluminum 6 inch cam-lok female type B coupler (1 qty)54.26 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Anchor sling w/wear pad & fall arrest for IPS (4 qty)1,102.10 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Black electrical tape (12 qty)24.00 Date: 7/3/19 04:04:17 PM Page: 9Meridian City Council Meeting Agenda July 9, 2019 – Page 494 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Bolts, zip ties, sockit bit, pipe wrench strap, (410 qty)306.46 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Dolly for moving equipment in Headworks bldg (1 qty)57.51 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Ladders for Headworks bldg (4 qty)752.76 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Motor lugs for shop (1 pk)28.14 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Paint remover for center column in digester 5 (12 qty)71.04 60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Start cap (1 qty)7.99 60 Enterprise Fund MYFLEETCENTER.COM C20519 B. Standley Truck Oil Change, Air Filters Replacement 99.18 60 Enterprise Fund MYFLEETCENTER.COM Oil Change, Air Filter, C19968; WO#252774 143.18 60 Enterprise Fund NAPA AUTO PARTS Fuel & hydraulic filters (4 qty)22.16 60 Enterprise Fund OFFICE DEPOT, INC.12 letter-size notepads 38.82 60 Enterprise Fund OFFICE DEPOT, INC.Logitech Wireless Combo, Plate, Coated, 9in, 120pk, Cup, Pla 18.21 60 Enterprise Fund OFFICE DEPOT, INC.Notary Journals, AA batteries, tape dispenser 37.48 60 Enterprise Fund OFFICE DEPOT, INC.Notebooks 15.74 60 Enterprise Fund OFFICE DEPOT, INC.Organizer, Divider Flags, Laminating Pouches, Highlighters 80.51 60 Enterprise Fund OFFICE DEPOT, INC.pens, stapler, tape dispenser, candy, staples, sign holder 81.83 60 Enterprise Fund OFFICE DEPOT, INC.Roladex card holder sleeves, stenopads, small paper pads 30.01 60 Enterprise Fund OFFICE DEPOT, INC.Stamp Tray and small binder clips 8.00 60 Enterprise Fund OXARC, INC.PO#19-0010; Sodium Hypo for Wells 19, 27;Qty 1140gl;WO#16509 1,903.20 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE June 2019 119.65 60 Enterprise Fund RICK MURRAY Reimburse:R.Murray, Reimburse for WW TX IV Lic Exam Fee 87.00 Date: 7/3/19 04:04:17 PM Page: 10Meridian City Council Meeting Agenda July 9, 2019 – Page 495 of 542 City Of Meridian Invoices Selected for Payment - Invoices for Payment - Amie Code Fund Fund Title Vendor Name Invoice/Credit Description Invoice Amount 60 Enterprise Fund ROBERTSON SUPPLY, INC.Pump Head Kit; Qty 3 4,214.33 60 Enterprise Fund SHIRLEY EASTMAN Refund, 25050326-02, Wat/Sew/Trash, 3907 W Big Creek Dr 25.63 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Safety cones (17 qty)244.00 60 Enterprise Fund SYNCB/AMAZON Safety boots for CGreen (1 qty)135.00 60 Enterprise Fund SYNCB/AMAZON Safety boots for JMahr & RGray (2 qty)359.90 60 Enterprise Fund TRACK UTILITIES, INC 19-0020 Labor & parts for SF-6 gas transfer switch (15 hrs) 1,763.64 60 Enterprise Fund ULINE, INC.Inventory Label Maker; Qty 12 195.21 60 Enterprise Fund USA BLUEBOOK 1.5in Mtr Flge Gskt,Hydrant Oil,Hach Sulfuric Acid; Qty 69 1,121.01 60 Enterprise Fund USA BLUEBOOK Hydrometer, Case, Cylinder; Qty 3 139.59 60 Enterprise Fund VARSITY FACILITY SERVICES PO 19-0054 Janitorial Services City Buildings 6/1/19-6/30/19 1,749.47 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE Water dept Modem for System Emergencies 5/24 - 6/23/19 8.36 60 Enterprise Fund WEX BANK INC #0496-00-332449-8, 6/30/2019_WEX_Bank 6,073.51 Total 60 Enterprise Fund 414,042.95 Report Total 642,221.07 Date: 7/3/19 04:04:17 PM Page: 11Meridian City Council Meeting Agenda July 9, 2019 – Page 496 of 542 EIDIAN+r- DAJ CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 4 A Project File Name/Number: Item Title: Appeal of Denial of Vehicle Immobilization License Continued from June 25, 2019 by Nathan Nuno Meeting Notes: VcA ccAe 11 I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: 10 Title of I tem - Appeal of Denial of Vehicle Immobilization L icense C ontinued from J une 25, 2019 by Nathan Nuno AT TAC HM E NT S: Description Type Upload D ate L etter of A ppeal Cover Memo 6/4/2019 L etter of D enial Cover Memo 6/4/2019 A pplication Cover Memo 6/4/2019 City Code Section B ackup Material 6/4/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 497 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 498 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 499 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 500 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 1/17 Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. CITY OF MERIDIAN ORDINANCE NO. 19-1815 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 3, MERIDIAN CITY CODE, REGARDING VEHICLE IMMOBILIZATION: DEFINITIONS, VEHICLE IMMOBILIZATION LICENSE, VEHICLE IMMOBILIZATION REGULATIONS, PROHIBITED ACTS, AND PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho Constitution, municipalities are duly authorized to establish regulations not in conflict with the general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot vehicles where the property is posted with notice that unauthorized ve hi cles may be b ooted at the owner ’s expense; WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency and clarity in regulation of vehicle immobilization; protect public safety, consumer interests, and property; and institute due process protections; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: TITLE 3 BUSINESS AND LICENSE REGULATIONS CHAPTER 3 VEHICLE IMMOBILIZATION SECTION 3-3-1: DEFINITIONS: For the purposes of this chapter, these terms shall be defined as follows: Meridian City Council Meeting Agenda July 9, 2019 – Page 501 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 2/17 A. IMMOBILIZE: To impound, incapacitate, or immobilize any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. B. VEHICLE IMMOBILIZATION: the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. C. VEHICLE IMMOBILIZATION DEVICE or IMMOBILIZATION DEVICE: Any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, used to prevent free or legal movement of the vehicle from the place where it is immobilized. Section 3-3-2: VEHICLE IMMOBILIZATIONLICENSE: A. License required: It shall be unlawful for any person to engage in vehicle immobilization unless a valid City of Meridian Vehicle Immobilization License has been issued as herein provided and said license is in full force and effect. B. Application for license:An application for a Vehicle Immobilization License shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: Applicant’s name, physical address, and mailing address. Applicant’s employer ’s name, physical address, and mailing address. A description of the services to be offered and/or delivered under the Vehicle Immobilization license. A description of any and all motor vehicles to be used to respond to calls for service, including license plate state and number, make, model, color, and identifying logos. Current schedule of fees charged by applicant or applicant’s employer for the release of all vehicles immobilized, printed on company letterhead and signed by the owner of the company. Copy of the notice that will be attached to vehicles pursuant to the requirements of this chapter. Meridian City Council Meeting Agenda July 9, 2019 – Page 502 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 3/17 A comprehensive listing of any and all infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. An agent upon whom service of process may be made in the state of Idaho. Application fee as set forth in the fee schedule of the City Clerk's Office. . One (1) photograph of the applicant. Such photograph shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable manner. . A photocopy of applicant’s driver ’s license or other government issued identification document. . Fingerprints, taken by the Idaho state police, of the applicant. . Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Vehicle Immobilization license. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. . Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. . Upon receipt of the findings of the chief of police or his designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Vehicle Immobilization License to the applicant, or deny the application. Where the city clerk denies an application, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. C. Denial. The city clerk shall deny an application for a Vehicle Immobilization License where: 1. The application is incomplete; 2. The applicant is under eighteen (18) years of age; 3. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or 4. The applicant has been convicted of any of the following: a. A violation of any provision of this chapter within the five (5) years preceding the date of submission of the application. b. A violation of any local law governing vehicle immobilization within the five (5) years preceding the date of submission of the application. Meridian City Council Meeting Agenda July 9, 2019 – Page 503 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 4/17 c. Reckless driving, eluding a police officer, or failure to carry insurance within the five (5) years preceding the date of submission of the application. d. A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application. e. Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. f. A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. g. Any crime involving, or related to, firearms or other weapons. h. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. i. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. j. Any crime involving, or related to, drugs or illicit substances. k. The applicant is or at any time has been required by any law or legal order to register as a sex offender. D. License. The city of Meridian Vehicle Immobilization License shall include, on its face: The name of the individual licensed to operate within the city under such license; The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare. E. Nontransferable. A Vehicle Immobilization License is not transferable or assignable. F. Exceptions. A city of Meridian vehicle immobilization license shall not be required for: Temporary and necessary actions taken by government authorities for the emergency or public safety needs; Meridian City Council Meeting Agenda July 9, 2019 – Page 504 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 5/17 The removal of unlicensed or abandoned vehicles from a street, highway, public or private property in compliance with law; or A private property owner towing an unauthorized vehicle, or having an unauthorized vehicle towed, in compliance with law. G. Revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or designee may revoke a City of Meridian Vehicle Immobilization License where: The licensee violates any term or condition of the license, or any provision of this chapter or of any other local, State, or Federal law. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The operation under the license varies materially from the description submitted with the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Vehicle Immobilization License application. Such revocation shall be effective fourteen (14) days after mailing by the City Clerk. H. Appeal. Appeal of the city clerk’s denial of an application for a Vehicle Immobilization License or revocation of a Vehicle Immobilization License may be made by the applicant or licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of the City Clerk’s mailing of such denial or revocation. Upon receipt of such written appeal, 1) the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days, and 2) the denial or revocation shall be stayed through city council’s issuance of written findings on such decision. Following a public hearing on the appeal, city council shall either affirm or reverse the city clerk’s action and shall issue written findings supporting such decision. If the City Council’s decision is to affirm the city clerk’s action, such decision shall be effective The city council’s decision on such appeal shall be a final decision. 3-3-3: VEHICLE IMMOBILIZATION REGULATIONS: A. Tow of booted vehicle prohibited. It shall be unlawful for any person to tow or cause to be towed a vehicle that has been immobilized, unless such vehicle has been immobilized for more than twelve (12) hours. B. One release fee only. It shall be unlawful to collect more than one (1) release fee per vehicle, even if more than one vehicle immobilization device is attached to such vehicle. C. Limitation on fees. No person or entity may charge more than one hundred dollars ($100.00) for the release of an immobilized vehicle and/or the removal of a device used to immobilize a vehicle. D. Vehicle identification. All vehicles used by in the course of vehicle immobilization shall identify the licensee as the parking enforcement authority. Logos and lettering shall be visible on both sides of the vehicle, shall be at least three (3) inches in height, and shall be reflective for visibility at night. Lettering shall be of a contrasting color to the primary vehicle color to provide greater visibility. E. Carry and display license. Each Vehicle Immobilization licensee shall carry, visibly display, and present the license when engaged in vehicle immobilization, collection of money, or contact with any person. F. Immobilization devices. Any device used in the immobilization of any vehicle shall be in safe and proper working condition. Meridian City Council Meeting Agenda July 9, 2019 – Page 505 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 6/17 G. Immobilization prohibited. Licensee shall not immobilize: Any police, fire, paramedic, medical, or other emergency vehicle. Upon proof that an unmarked vehicle is used for such purpose the vehicle immobilization unit shall be removed immediately at no charge. An attended or occupied vehicle without first verbally requesting the occupant remove the vehicle. A delivery vehicle in service. H. Immobilization restricted. Licensee may immobilize the following, but must remain physically present, within thirty feet (30’) of the immobilized vehicle, until the vehicle immobilization device is released. Under no circumstances may Licensee attach an immobilization device to the following and leave the scene. Licensee shall release the immobilization device immediately if ordered to do so by law enforcement, fire department, or other public safety personnel. 1. A vehicle parked in a fire lane. 2. A vehicle parked in a parking spot designated for persons with a disability. Upon showing of a disabled parking placard or proof that the driver of the vehicle is momentarily i n the space for the purpose o f allowing a person with a disabi lity to enter or le ave t he vehicle, the vehicle immobilization unit shall be removed immediately at no charge. I. Notice on immobilized vehicles. Licensee must affix an easily-removed notice to the lower driver ’s side window of each vehicle immobilized, notifying the owner of the vehicle of the following: Name and employer of person applying the vehicle immobilization device. The date, time, and reason for the immobilization. The requirements necessary for the release of vehicle, including cost to release. Name and telephone number of company or person to contact for the release of the vehicle. J. Response upon request for release. All vehicle immobilization licensees shall be available for response to an immobilized vehicle twenty-four (24) hours a day, seven (7) days a week. Licensees shall respond to a call for release of a vehicle within sixty (60) minutes of a request, and must remain at the facility until the immobilization device is removed, unless the vehicle owner refuses to pay the release fee. Licensee may exceed the sixty (60) minute response requirement if actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee. K. Signage required. No vehicle shall be immobilized unless a sign meeting the following specifications ordinance are posted in a clearly conspicuous location at each entrance to the property. All signs shall be: Posted so that the bottom of the sign is at least thirty-six inches (36”), but no more than seventy-two inches (72”) off of the ground. Of the dimension eighteen inches by twenty-four inches (18”x24”). Reflective, readable, and unobstructed. White with red lettering at least two (2) inches in height and shall contain all of the following information: Meridian City Council Meeting Agenda July 9, 2019 – Page 506 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 7/17 a. PERMIT PARKING ONLY, NO PARKING ANYTIME, NO UNAUTHORIZED OR IMPROPERLY PARKED VEHICLES, or other similar prohibition. b. VIOLATORS WILL BE BOOTED AT THE OWNER’S EXPENSE c. Licensee’s name and phone number for release. d. Cost to remove vehicle immobilization device. L. Forms of payment.Licensee shall accept at least two (2) forms of payment other than cash (for example: debit card, credit card, or check). Licensee shall neither demand nor accept payment in the form of goods, services, or any non-monetary means. SECTION 3-3-4: PROHIBITED ACTS: It shall be unlawful for any person to: A. Engage in vehicle immobilization within Meridian without having first obtained a vehicle immobilization license; B. Immobilize a vehicle for breach of a condition not stated in the signage required by this chapter; C. Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage required by this chapter; D. Fail or refuse to remove a vehicle immobilization device immediately upon payment of the authorized fee; or E. Use any device, object, barrel, boot, mechanism, or method that injures or damages a vehicle when installed, removed or while the owner or agent of the owner of the vehicle does not move or attempt to move the vehicle. F. Violate or fail to comply with any provision of this chapter. G. Damage or destroy any device, object, barrel, boot, mechanism, or method lawfully affixed to a vehicle by a Vehicle Immobilization licensee for purposes of vehicle immobilization. SECTION 3-3-5: PENALTY: Any person, individual, corporation who shall violate any of the provisions of this Chapter shall be guilty of a misdemeanor. Each incident of violation shall be a separate offense and punishable as herein above described. Meridian City Council Meeting Agenda July 9, 2019 – Page 507 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 8/17 Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on May 1, 2019. PASSED by the City Council of the City of Meridian, Idaho, on this date March 19, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, on this date March 19, 2019. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. CITY OF MERIDIAN ORDINANCE NO. 19-1815A BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE ADDING A NEW CHAPTER, CHAPTER 3, TO TITLE 3, MERIDIAN CITY CODE, REGARDING VEHICLE IMMOBILIZATION: DEFINITIONS, VEHICLE IMMOBILIZATION LICENSE, VEHICLE IMMOBILIZATION REGULATIONS, PROHIBITED ACTS, AND PENALTY; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho Constitution, municipalities are duly authorized to establish regulations not in conflict with the general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot vehicles where the property is posted with notice that unauthorized ve hi cles may be b ooted at the owner ’s expense; Meridian City Council Meeting Agenda July 9, 2019 – Page 508 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 9/17 WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency and clarity in regulation of vehicle immobilization; protect public safety, consumer interests, and property; and institute due process protections; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: TITLE 3 BUSINESS AND LICENSE REGULATIONS CHAPTER 3 VEHICLE IMMOBILIZATION SECTION 3-3-1: DEFINITIONS: For the purposes of this chapter, these terms shall be defined as follows: A. IMMOBILIZE: To impound, incapacitate, or immobilize any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. B. VEHICLE IMMOBILIZATION: the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized. C. VEHICLE IMMOBILIZATION DEVICE or IMMOBILIZATION DEVICE: Any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, used to prevent free or legal movement of the vehicle from the place where it is immobilized. Section 3-3-2: VEHICLE IMMOBILIZATIONLICENSE: A. License required: It shall be unlawful for any person to engage in vehicle immobilization unless a valid City of Meridian Vehicle Immobilization License has been issued as herein provided and said license is in full force and effect. Meridian City Council Meeting Agenda July 9, 2019 – Page 509 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 10/17 B. Application for license:An application for a Vehicle Immobilization License shall be made to the City Clerk, and shall include a completed application form provided by the City Clerk, which form shall include, but not be limited to: Applicant’s name, physical address, and mailing address. Applicant’s employer ’s name, physical address, and mailing address. A description of the services to be offered and/or delivered under the Vehicle Immobilization license. A description of any and all motor vehicles to be used to respond to calls for service, including license plate state and number, make, model, color, and identifying logos. Current schedule of fees charged by applicant or applicant’s employer for the release of all vehicles immobilized, printed on company letterhead and signed by the owner of the company. Copy of the notice that will be attached to vehicles pursuant to the requirements of this chapter. A comprehensive listing of any and all infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. An agent upon whom service of process may be made in the state of Idaho. Application fee as set forth in the fee schedule of the City Clerk's Office. . One (1) photograph of the applicant. Such photograph shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable manner. . A photocopy of applicant’s driver ’s license or other government issued identification document. . Fingerprints, taken by the Idaho state police, of the applicant. . Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Vehicle Immobilization license. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. . Upon receipt of all application materials required by this subsection, the City Clerk shall refer the application to the Chief of Police, who shall cause an investigation to determine the validity and completeness of the Meridian City Council Meeting Agenda July 9, 2019 – Page 510 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 11/17 information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. . Upon receipt of the findings of the chief of police or his designee, but no later than thirty (30) calendar days from the date of submission of the completed application and all application materials required by this subsection, the City Clerk shall either issue a City of Meridian Vehicle Immobilization License to the applicant, or deny the application. Where the city clerk denies an application, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. C. Denial. The city clerk shall deny an application for a Vehicle Immobilization License where: 1. The application is incomplete; 2. The applicant is under eighteen (18) years of age; 3. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; or 4. The applicant has been convicted of any of the following: a. A violation of any provision of this chapter within the five (5) years preceding the date of submission of the application. b. A violation of any local law governing vehicle immobilization within the five (5) years preceding the date of submission of the application. c. Reckless driving, eluding a police officer, or failure to carry insurance within the five (5) years preceding the date of submission of the application. d. A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application. e. Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. f. A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. g. Any crime involving, or related to, firearms or other weapons. h. Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. i. Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. j. Any crime involving, or related to, drugs or illicit substances. Meridian City Council Meeting Agenda July 9, 2019 – Page 511 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 12/17 k. The applicant is or at any time has been required by any law or legal order to register as a sex offender. D. License. The city of Meridian Vehicle Immobilization License shall include, on its face: The name of the individual licensed to operate within the city under such license; The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty-five (365) days following the date of issuance. Any conditions of operation that, in addition to those set forth in this chapter, are necessary to protect the public health, safety, and welfare. E. Nontransferable. A Vehicle Immobilization License is not transferable or assignable. F. Exceptions. A city of Meridian vehicle immobilization license shall not be required for: Temporary and necessary actions taken by government authorities for the emergency or public safety needs; The removal of unlicensed or abandoned vehicles from a street, highway, public or private property in compliance with law; or A private property owner towing an unauthorized vehicle, or having an unauthorized vehicle towed, in compliance with law. G. Revocation. In addition to any and all other applicable civil or criminal penalties, the City Clerk or designee may revoke a City of Meridian Vehicle Immobilization License where: The licensee violates any term or condition of the license, or any provision of this chapter or of any other local, State, or Federal law. It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. The operation under the license varies materially from the description submitted with the application. The City Clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the Vehicle Immobilization License application. Such revocation shall be effective fourteen (14) days after mailing by the City Clerk. H. Appeal. Appeal of the city clerk’s denial of an application for a Vehicle Immobilization License or revocation of a Vehicle Immobilization License may be made by the applicant or licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of the City Clerk’s mailing of such denial or revocation. Upon receipt of such written appeal, 1) the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days, and 2) the denial or revocation shall be stayed through city council’s issuance of written findings on such decision. Following a public hearing on the appeal, city council shall either affirm or reverse the city clerk’s action and shall issue written findings supporting such decision. If the Meridian City Council Meeting Agenda July 9, 2019 – Page 512 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 13/17 City Council’s decision is to affirm the city clerk’s action, such decision shall be effective The city council’s decision on such appeal shall be a final decision. 3-3-3: VEHICLE IMMOBILIZATION REGULATIONS: A. Tow of booted vehicle prohibited. It shall be unlawful for any person to tow or cause to be towed a vehicle that has been immobilized, unless such vehicle has been immobilized for more than twelve (12) hours. B. One release fee only. It shall be unlawful to collect more than one (1) release fee per vehicle, even if more than one vehicle immobilization device is attached to such vehicle. C. Limitation on fees. No person or entity may charge more than one hundred dollars ($100.00) for the release of an immobilized vehicle and/or the removal of a device used to immobilize a vehicle. D. Vehicle identification. All vehicles used by in the course of vehicle immobilization shall identify the licensee as the parking enforcement authority. Logos and lettering shall be visible on both sides of the vehicle, shall be at least three (3) inches in height, and shall be reflective for visibility at night. Lettering shall be of a contrasting color to the primary vehicle color to provide greater visibility. E. Carry and display license. Each Vehicle Immobilization licensee shall carry, visibly display, and present the license when engaged in vehicle immobilization, collection of money, or contact with any person. F. Immobilization devices. Any device used in the immobilization of any vehicle shall be in safe and proper working condition. G. Immobilization prohibited. Licensee shall not immobilize: Any police, fire, paramedic, medical, or other emergency vehicle. Upon proof that an unmarked vehicle is used for such purpose the vehicle immobilization unit shall be removed immediately at no charge. An attended or occupied vehicle without first verbally requesting the occupant remove the vehicle. A delivery vehicle in service. H. Immobilization restricted. Licensee may immobilize the following, but must remain physically present, within thirty feet (30’) of the immobilized vehicle, until the vehicle immobilization device is released. Under no circumstances may Licensee attach an immobilization device to the following and leave the scene. Licensee shall release the immobilization device immediately if ordered to do so by law enforcement, fire department, or other public safety personnel. 1. A vehicle parked in a fire lane. 2. A vehicle parked in a parking spot designated for persons with a disability. Upon showing of a disabled parking placard or proof that the driver of the vehicle is momentarily i n the space for the purpose o f allowing a person with a disabi lity to enter or le ave t he vehicle, the vehicle immobilization unit shall be removed immediately at no charge. I. Notice on immobilized vehicles. Licensee must affix an easily-removed notice to the lower driver ’s side window of each vehicle immobilized, notifying the owner of the vehicle of the following: Name and employer of person applying the vehicle immobilization device. The date, time, and reason for the immobilization. Meridian City Council Meeting Agenda July 9, 2019 – Page 513 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 14/17 The requirements necessary for the release of vehicle, including cost to release. Name and telephone number of company or person to contact for the release of the vehicle. J. Response upon request for release. All vehicle immobilization licensees shall be available for response to an immobilized vehicle twenty-four (24) hours a day, seven (7) days a week. Licensees shall respond to a call for release of a vehicle within sixty (60) minutes of a request, and must remain at the facility until the immobilization device is removed, unless the vehicle owner refuses to pay the release fee. Licensee may exceed the sixty (60) minute response requirement if actively engaged in the release of another vehicle. It shall be an affirmative defense for the licensees, employees or agents of the licensee to prove that the delay was caused by the normal operation of the business and not dilatory actions of the licensee. K. Signage required. No vehicle shall be immobilized unless a sign meeting the following specifications ordinance are posted in a clearly conspicuous location at each entrance to the property. All signs shall be: Posted so that the bottom of the sign is at least thirty-six inches (36”), but no more than seventy-two inches (72”) off of the ground. Of the dimension eighteen inches by twenty-four inches (18”x24”). Reflective, readable, and unobstructed. White with red lettering at least two (2) inches in height and shall contain all of the following information: a. PERMIT PARKING ONLY, NO PARKING ANYTIME, NO UNAUTHORIZED OR IMPROPERLY PARKED VEHICLES, or other similar prohibition. b. VIOLATORS WILL BE BOOTED AT THE OWNER’S EXPENSE c. Licensee’s name and phone number for release. d. Cost to remove vehicle immobilization device. L. Forms of payment.Licensee shall accept at least two (2) forms of payment other than cash (for example: debit card, credit card, or check). Licensee shall neither demand nor accept payment in the form of goods, services, or any non-monetary means. SECTION 3-3-4: PROHIBITED ACTS: It shall be unlawful for any person to: A. Engage in vehicle immobilization within Meridian without having first obtained a vehicle immobilization license; B. Immobilize a vehicle for breach of a condition not stated in the signage required by this chapter; C. Charge a fee for release of an immobilized vehicle in excess of the fee stated in the signage required by this chapter; D. Fail or refuse to remove a vehicle immobilization device immediately upon payment of the authorized fee; or Meridian City Council Meeting Agenda July 9, 2019 – Page 514 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 15/17 E. Use any device, object, barrel, boot, mechanism, or method that injures or damages a vehicle when installed, removed or while the owner or agent of the owner of the vehicle does not move or attempt to move the vehicle. F. Violate or fail to comply with any provision of this chapter. G. Damage or destroy any device, object, barrel, boot, mechanism, or method lawfully affixed to a vehicle by a Vehicle Immobilization licensee for purposes of vehicle immobilization. SECTION 3-3-5: PENALTY: Any person, individual, corporation who shall violate any provision of this Chapter shall be guilty of a misdemeanor. Each incident of violation shall be a separate offense and punishable as herein above described. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective on May 1, 2019, except that sections 3-3-2 and 3-3-4(A) shall be effective on June 1 2019. PASSED by the City Council of the City of Meridian, Idaho, this 26th day of March, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 26th day of March, 2019. APPROVED: ATTEST: ______________________________ ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk Meridian City Council Meeting Agenda July 9, 2019 – Page 515 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 16/17 Disclaimer: This is provided for informational purposes only. The formatting of this ordinance may vary from the official hard copy. In the case of any discrepancy between this ordinance and the official hard copy, the official hard copy will prevail. CITY OF MERIDIAN ORDINANCE NO. 19-1828 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-3-1(B), REGARDING THE DEFINITION OF VEHICLE IMMOBILIZATION; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, under Idaho Code section 49-1819 and Article XII, section 2, Idaho Constitution, municipalities are duly authorized to establish regulations not in conflict with the general laws, including Idaho Code sections 49-1806(1), authorizing property owners to boot vehicles where the property is posted with notice that unauthorized ve hi cles may be b ooted at the owner ’s expense; WHEREAS, the City Council of the City of Meridian seeks by this ordinance to establish consistency and clarity in regulation of vehicle immobilization; protect public safety, consumer interests, and property; and institute due process protections; and WHEREAS, the City Council of the City of Meridian finds that the following ordinance is necessary to protect the public health, safety, and welfare; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Meridian City Code section 3-3-1(B) shall be amended as follows: VEHICLE IMMOBILIZATION: the impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle, by the use of any device, wheel clamp, object, barrel, boot, mechanism, or method, whether attached to the vehicle or not, that does not allow the owner of the vehicle, or his or her authorized agent, to freely or lawfully move the vehicle from the place where it is immobilized; the removal of such device; and/or the demand, acceptance, or processing of payment for, or other transaction related to, such actions or services. Meridian City Council Meeting Agenda July 9, 2019 – Page 516 of 542 6/4/2019 Sterling Codifiers, Inc. https://www.sterlingcodifiers.com/codebook/index.php?book_id=306 17/17 Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, this 28th day of May, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this 28th day of May, 2019. APPROVED: ATTEST: Tammy de Weerd, Mayor Chris Johnson, Interim City Clerk Meridian City Council Meeting Agenda July 9, 2019 – Page 517 of 542 EIDIAN,?-- DAJ CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 4 6 Project File Name/Number: Item Title: Mayor's Office: Resolution No. 19-2155: Appointing Ryan Lancaster and Tom LeClaire to the Meridian Transportation Commission. Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: M ayor D eWeerd Estimated Time f or P resentation: 3 minutes Title of I tem - M ayor's Office: Resolution No. 19-2155: A Resolution Appointing Ryan L ancaster and Tom LeClaire to the M eridian T ransportation Commission. R esolution appointing Ryan L ancaster and Tom L e Claire to Transportation C ommission AT TAC HM E NT S: Description Type Upload D ate Reso appointing L ancaster and L eC laire to Transportation Commission Resolution 6/28/2019 L eC laire application B ackup Material 6/28/2019 L ancaster A pplication B ackup Material 6/28/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 518 of 542 CITY OF MERIDIAN RESOLUTION NO. 19-2155 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING RYAN LANCASTER TO SEAT 9 AND APPOINTING TOM LECLAIRE TO SEAT 8 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, Ryan Lancaster was appointed to Seat 9 on the Meridian Transportation Commission by Resolution No. 16-1148 on June 28, 2016; and WHEREAS, Seat 8 of the Meridian Transportation Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment of Ryan Lancaster to Seat 9 and Tom LeClaire to Seat 8 of the Meridian Transportation Commission to be in the best interest of the Meridian Transportation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Ryan Lancaster is hereby reappointed to Seat 9 and Tom LeClaire is hereby appointed to Seat 8 of the Meridian Transportation Commission, for a term to expire May 31, 2022. 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 q" day of July, 2019. APPROVED by the Mayor of the City of Meridian, Idaho, this q�" day of July, 2019. APPROVED: GO�Q0 EUAVG`s i Mayor Tammy de Weerd ATTEST: _ y Cilyor By: C-�[ E IDIAN.. pis son, City -k SEAL oAHo \, Ofrhe TREAS�`��• RESOLUTION FOR REAPPOINTMENT OF RYAN LANCASTER AND APPOINTMENT OF TOM LECLAIRE— MERIDIAN TRANSPORTATION COMMISSION EIDIANC-- CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 5 A Project File Name/Number: Item Title: Mayor and Council Compensation Committee: Presentation of the Recommendation of the Mayor and Council Compensation Committee. Meeting Notes: be I ►S-1 J cks 0, plc Recy-,� i �S recd , n3 p� `k o.-� inGnu' I TEM SHEET C ouncil Agenda I tem - 5.A . Presenter: Crystal Ritchie and Bill Nary Estimated Time f or P resentation: 5 minutes Title of I tem - M ayor and Council Compensation C ommittee: Presentation of the Recommendation of the M ayor and Council C ompensation Committee [Action Item] P resentatio n fro m Mayor and C ounc il C ompens ation C ommittee AT TAC HM E NT S: Description Type Upload D ate P resentation P resentation 7/9/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 526 of 542 FY19 and FY20 Salary Recommendation 2019 Mayor and City Council Compensation Committee July 9, 2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 527 of 542 Contents Compensation Committee Market Data Historic Observations Mayoral Recommendation City Council Recommendation Committee Analysis Questions Meridian City Council Meeting Agenda July 9, 2019 – Page 528 of 542 Compensation Committee •David Ballard •Gretchen Caserotti •Josh Evarts •Marty Schindler •Clint Shiflet Staff •Bill Nary •Crystal Ritchie Meridian City Council Meeting Agenda July 9, 2019 – Page 529 of 542 Market Data Meridian City Council Meeting Agenda July 9, 2019 – Page 530 of 542 Historic Observations •Since 2000, City of Meridian Leadership have chosen to raise salaries only 4 times for City Council (CC) and 11 times for Mayor (M) •Since 2000, CC compensation has gone from $6,000 to $10,000 •Since 2000, M compensation has gone from slightly over $20,000 to just under $91,000 •It is the observation of this committee that the reluctance to increase CC compensation has primarily been due to: •Demographics of the City Council •Political concerns due to public perception and sentiment Meridian City Council Meeting Agenda July 9, 2019 – Page 531 of 542 Mayoral Recommendation Mayoral Salary is in line with current market rates. The committee recommends a $1,820 market adjustment increase ($92,776), consistent with the adjustment being offered to general employees. The same $1,856 should also be applied to FY21 ($94,632). The committee further recommends changing city ordinance to provide the Mayor any market adjustment provided to General City employees in the future. Meridian City Council Meeting Agenda July 9, 2019 – Page 532 of 542 REVISED City Council Recommendation City Council salaries are trailing current market rates. The committee recommends a $550 $3500 increase in 2020 ($10,550), ($13,500)and a $370 $1500 increase in 2021 ($10,920) ($15,000). The City Council President should also continue to receive the additional 10% addition for their service in that role. The committee further recommends changing city ordinance to provide the City Council any market adjustment provided to General City employees in the future Meridian City Council Meeting Agenda July 9, 2019 – Page 533 of 542 REVISED Committee Analysis The compensation for City Council members has been a by product of demographics for 20 years. In order to ensure quality and broad participation in the future, this council must begin approving increases in compensation. Even the proposed increases only results in a wage of slightly over $10,900 in 2021.This still maintains a ranking behind Boise, but after year 2 does move the City to the second highest paid City Council in the market. This does not account for any increases that other cities may make to their City Council salaries for 2020 and 2021. This is a course correction to adjust for the many years of foregoing any increases. Although the adjustment is significant for the next two years, it will be “trued up” with the market, and if the other recommendation is adopted to apply the automatic market adjustments in the future then a further correction may not be needed. Failure to approve these recommended wage increases only hurts future leaders of our city and causes a further gap between us and neighboring communities. This will set up a future City Council to make more significant adjustments in the future. Meridian City Council Meeting Agenda July 9, 2019 – Page 534 of 542 REVISED Conclusion The need for a citizen’s committee meeting every two year’s on this topic will be to gauge the community's perspective of the performance of our elected officials. It will determine the value of the correction recommended today. It will be citizens of our community making a recommendation regarding their value of the leadership positions of our City. Meridian City Council Meeting Agenda July 9, 2019 – Page 535 of 542 QUESTIONS? Meridian City Council Meeting Agenda July 9, 2019 – Page 536 of 542 �/�B IDIZ IAN? - CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 5 B Project File Name/Number: Item Title: Legal/HR: Continued Discussion of Self -Funded Trusts and Trustees Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 5.B . Presenter: Kevin West of P ar sons, Behle, and L atimer Estimated Time f or P resentation: 15 Title of I tem - L egal/HR: Continued D iscussion of S elf-Funded T rusts and T rustees [Action Item] Meridian City Council Meeting Agenda July 9, 2019 – Page 537 of 542 EIDIANn-- DAH i, CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 6 A Project File Name/Number: Item Title: Budget Amendment for FY2019 Purchase of Additional Water Meters/MXU's Supporting City Growth in the Amount of $464,147 Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: Dale B olthouse Estimated Time f or P resentation: 5 Minutes Title of I tem - B udget Amendment for F Y 2019 in the Amount of $464,147 to Purchase Additional Water M eters / M X Us S upporting C ity Growth [Action Item] Amendment will provide funding needed to purchase additional growth-related water meters and MX Us AT TAC HM E NT S: Description Type Upload D ate Meter - MX U F Y19 Budget A mendment - 6-28-19 - C M Cover Memo 6/28/2019 Meridian City Council Meeting Agenda July 9, 2019 – Page 538 of 542 .moi: r 0 N ------------- CY) (3) a) a) (3) CY) M O O O O O O O O O O O O O O O O O O W W W W W W W W W W W W W A A A A A A A A A A A A A O O O O O O O O O O O O O O O O O O O O m v T C O° 3 ° m n < v N A o (t° O O O O O O O O O O O O O O D O n v c v 0 3 0 n v ° ° o N (D y, m CD A A A J VT t/T LT 1/T 1/T 1/T 1/T 1/T LT 1/T 1/f 1/T 1/T A A i-' V C3, CY) (3) a) a) (3) CY) M O O O O O O O O uj LU 0 C �Dt N N A A A A A A A A O O O O O O O O A A A A A A A A 0 0 0 0 W N N N N In N W N N N I-' O A F-` O O M O O O O O O O O O O m v T C O° 3 ° m n < v o (t° v 3 3 d m D D D O n v c v 0 3 0 n w ° ° o N (D y, G) 7 _O 4t G) C) O N c o ! 0 O O O m 9 `m < IJ Q M N C) N \1J 3 Q p (Q 7 m (D � ry. ° D (D 0 C �Dt N N 3• r3r Z Z y .•' � a In n C CL 03o v — O O x 3 3 � (p (DO N N n � r -4- y 3 3 m -n (D 0 C �Dt N 3• r3r Z Z y .•' � a In SNL m _ M n0On C�(D��o0o� (t° A d ° ° y, Meridian City Council Meeting Agenda July 9, 2019 – Page 540 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 541 of 542 Meridian City Council Meeting Agenda July 9, 2019 – Page 542 of 542 EIDIADAHO N�� CITY COUNCIL WORK SESSION AGENDA July 9, 2019 Agenda Item Number: 7 Project File Name/Number: Item Title: Executive Session: per Idaho State Code 74-206 to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation as authorized under 74-206 (1)(f) and; (1)(j) to consider labor contract matters authorized under section 74-206A (1)(a)(b). 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