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HomeMy WebLinkAbout2012-02-07C�WEF.1AN -- AHO CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 07, 2012 at 7:00 PM 1. Roll -Call Attendance O David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance by Troop 80 with the Hickories LDS Ward 3. Community Invocation by Pastor Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of January 10, 2012 City Council Workshop Meeting B. Approve Minutes of January 17, 2012 Pre Council Meeting C. Approve Minutes of January 17, 2012 City Council Regular Meeting D. Acceptance Agreement: Display of Artwork of Patricia Sadler Trainor in Initial Point Gallery from November 2 to December 28, 2012 E. Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from September 28 to November 2, 2012 F. Professional Services Agreement with Lisa Johnson Counseling and Consulting, LLC for Human Resources Services G. Award of Task Order 10158 for Professional Design Services for the "Waste Water Treatment Plant Chemical Feed Facility" Meridian City Council Meeting Agenda — Tuesday, February 07, 2012 Page 7 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. to SPF Water Engineering, for the Not -To -Exceed Amount of $87,000.00 and Authorize the Mayor to Sign and Clerk to Attest H. Award of Bid and Approval of Agreement for "Five Mile Creek Pathway Construction - Segment H1 Pine to Badley" to C&A Paving for the Not -To -Exceed Amount of $107,597.97 Approval of a Multi -Use Pathway Easement for Walmart Located at Overland/Stoddard J. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2012 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 K. Findings of Fact, Conclusions of Law for Approval: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone L. Findings of Fact, Conclusions of Law for Approval: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C -N Zoning District to the C -C Zoning District M. Findings of Fact, Conclusions of Law and Final Order for Approval: PFP 11-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C -C Zoning District N. Findings of Fact, Conclusions of Law for Approval: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of. Land with an R-8 Zoning District O. Findings of Fact, Conclusions of Law for Approval: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 Meridian City Council Meeting Agenda — Tuesday, February 07, 2012 Page 2 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. (Medium Low -Density Residential) and TN -C (Traditional Neighborhood Commercial) to R-8 (Medium -Density Residential) (46.97 Acres) and C -C (Community Business) (4.64 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: CUP 11- 009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District R. Findings of Fact, Conclusions of Law for Approval: VAR 11- 003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11 -6C -3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right-Out Access Point to State Highway 20/26 S. Findings of Fact, Conclusions of Law for Approval: MDA 11- 011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision T. Findings of Fact, Conclusions of Law for Approval: MDA 11- 012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments Meridian City Council Meeting Agenda —Tuesday, February 07, 2012 Page 3 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. U. Final Order for Approval: FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District V. Resolution No. 12-835: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Blvd, East of N. Jayker Way & West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2)Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 11; & 3)Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 6. Items Moved From Consent Agenda None 7. Action Items A. FP 12-001 Spurwing Grove No. 3 by SWG Brighton, LLC Located North of W. Greenspire Drive, Approximately 600 Feet West of N. Jayker Way Request: Final Plat Consisting of 21 Residential Building Lots and 3 Common Lots on 6.58 Acres in an R-8 Zoning District Approved B. FP 12-002 Messina Meadows No. 3 by Tuscany Development, Inc. Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Consisting of 18 Residential Building Lots and 3 Common Lots on 5.23 Acres in an R-8 Zoning District Approved 8. Department Reports A. Mayor's Office: Resolution No. 12-836: A Resolution Appointing Tiffany Morrin to Seat 6 of the Meridian Parks & Recreation Commission for a Term to Expire October 31, 2012 Approved B. Mayor's Office: Resolution No. 12-837: A Resolution Appointing Adrianna Lutu as a Youth Member to the Parks and Recreation Commission for a Term to Expire August 31, 2012 Approved C. Mayor's Office: Resolution No. 12-838: A Resolution Appointing Ellen Caminiti as a Youth Member to the Solid Meridian City Council Meeting Agenda —Tuesday, February 07, 2012 Page 4 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Waste Advisory Commission for a Term to Expire August 31, 2012 Approved D. Planning Department: Southridge Subdivision Building Elevations Approved with Conditions E. Police Department: Donation of Radios, Modems, and Radio Parts to Payette County Sheriffs Office 1. Amended onto the Agenda: Resolution No. 12- 839: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Payette County Sheriff Department, Idaho Approved F. Fire Department: Donation of Radios to Emmett Fire Department 1. Amended onto the Agenda: Resolution No. 12- 840: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Emmett Fire Department, Idaho Approved G. Public Works Department: Award of Bid and Agreement for the "NW 1st Street Water Main Replacement" Project to the Low Bidder, Star Construction LLC., for the Not -To -Exceed Amount of $88,619.50 Cancel Award 1. Amended onto the Agenda: Discussion of Nampa Meridian Irrigation District (NMID) License Agreement H. Clerk's Office: Approval of Beer License Owner Transfer from Crawforth Brothers 4, LLC to Doughboys LLC dba Piehole Pizza Located at 726 N. Main St. Approved 9. Future Meeting Topics Adjourned at 8:15 p.m. Meridian City Council Meeting Agenda —Tuesday, February 07, 2012 Page 5 of 5 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council February 7, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, February 7, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, and Brad Hoaglun. Members Absent: David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Warren Stewart, Tom Barry, Tracy Basterrechea, Perry Palmer and Dean Willis. Item 1: Roll -call Attendance: Roll call. David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience. We will go ahead and launch right into our regular meeting agenda first by thanking you all for joining us here this evening. For the record, it is Tuesday, February 7th. It's 7:05. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Troop 80 with the Hickories LDS Ward De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led by Troop 80. They are with the Hickories LDS Ward and so I will turn this over to them and instruct you to do what they need you to do. Come on forward. (Pledge of Allegiance recited.) De Weerd: If I could ask you to come forward. I have some City of Meridian pins for you and your fellow members and also your leaders. And I'll ask you for your name. Hines: Tyler Hines. De Weerd: Tyler Hines. Well, thank you for leading us this evening. There is yours and I will -- thank you for being here. And I will start by saying you don't have to stay for the whole meeting, but if you would like to you're more than welcome. It's very exciting. Item 3: Community Invocation by Pastor Troy Drake with Calvary Chapel Meridian City Council February 7, 2012 Page 2 of 30 De Weerd: Item No. 3 is our community invocation. Tonight we will be -- is Pastor Troy Drake here? Thank you for joining us. Please join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: Let us pray. Father God, we -- on behalf of these people here just want to thank you for Meridian and for the freedom that we have, God, to vote and to elect officials and to live, essentially, the way that we want in this country and I just pray that you would protect this city and, God, that you be with these people as they make decisions in our behalf and, Lord, you said in your Word that righteousness exalts a nation and, Lord, I know that that applies here as well and I just pray that your will would be done in Meridian, that you would impart wisdom upon the Mayor and the Council men and women and encourage them, Lord, help them in their decision making. I pray that you would protect the city and keep the citizens safe and, Lord, that we would desire the things that you desire and so help us to seek you, God, with our whole heart in this town and that you would give us much favor, Lord. So, we are grateful to you and for what you're going to do, in Jesus' name, amen. De Weerd: Pastor Drake, if can give you a City of Meridian pin Drake: I have got one. I should have worn it, Mayor. Thank you De Weerd: Well, thank you for being here. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is the adoption of the agenda Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple items to note on tonight's agenda. Under the Consent Agenda, Item 5, 5-B is resolution number 12-835. Under Department Reports, 8-A, is resolution number 12-836. 8-13 is resolution number 12-837. 8-C is resolution number 12-838. Under 8-E we need to add an E-1, which is resolution number 12-839, which is the resolution to donate the radios, modems to the Payette County Sheriffs Office. Under 8-F we need to add item one, which is resolution number 12-840. Again, the resolution to donate radios to Emmett Fire Department. Under 8-G we are going to also add in a discussion of Nampa -Meridian Irrigation District license agreement. And with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. Meridian City Council February 7, 2012 Page 3 of 30 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda Approved A. Approve Minutes of January 10, 2012 City Council Workshop Meeting B. Approve Minutes of January 17, 2012 Pre Council Meeting C. Approve Minutes of January 17, 2012 City Council Regular Meeting D. Acceptance Agreement: Display of Artwork of Patricia Sadler Trainor in Initial Point Gallery from November 2 to December 28, 2012 E. Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from September 28 to November 2, 2012 F. Professional Services Agreement with Lisa Johnson Counseling and Consulting, LLC for Human Resources Services G. Award of Task Order 10158 for Professional Design Services for the "Waste Water Treatment Plant Chemical Feed Facility" to SPF Water Engineering, for the Not -To -Exceed Amount of $87,000.00 and Authorize the Mayor to Sign and Clerk to Attest H. Award of Bid and Approval of Agreement for "Five Mile Creek Pathway Construction - Segment H1 Pine to Badley" to C&A Paving for the Not -To -Exceed Amount of $107,597.97 Approval of a Multi -Use Pathway Easement for Walmart Located at Overland/Stoddard J. Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2012 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 K. Findings of Fact, Conclusions of Law for Approval: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone Meridian City Council February 7, 2012 Page 4 of 30 L. Findings of Fact, Conclusions of Law for Approval: RZ 11-005 Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C -N Zoning District to the C -C Zoning District M. Findings of Fact, Conclusions of Law and Final Order for Approval: PFP 11-003 Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C -C Zoning District N. Findings of Fact, Conclusions of Law for Approval: AZ 11-005 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District O. Findings of Fact, Conclusions of Law for Approval: RZ 11-006 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Low -Density Residential) and TN -C (Traditional Neighborhood Commercial) to R-8 (Medium -Density Residential) (46.97 Acres) and C -C (Community Business) (4.64 Acres) Zoning Districts P. Findings of Fact, Conclusions of Law for Approval: CUP 11- 009 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District Q. Findings of Fact, Conclusions of Law for Approval: PP 11-011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District R. Findings of Fact, Conclusions of Law for Approval: VAR 11- 003 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 11 -6C -3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Meridian City Council February 7, 2012 Page 5 of 30 Open as a Right-In/Right-Out Access Point to State Highway 20/26 S. Findings of Fact, Conclusions of Law for Approval: MDA 11- 011 Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision T. Findings of Fact, Conclusions of Law for Approval: MDA 11- 012 Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments U. Final Order for Approval: FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District V. Resolution No. 12-835: VAC 11-003 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Blvd, East of N. Jayker Way & West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2)Remove the Common Drive Easements on Lots 6, 7, 8, 9,16 and 17, Block 11; & 3)Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under the Consent Agenda, as noted earlier, 5-V is resolution number 12- 835. And with that I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Bird: Second. Meridian City Council February 7, 2012 Page 6 of 30 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion by Council, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. FP 12-001 Spurwing Grove No. 3 by SWG Brighton, LLC Located North of W. Greenspire Drive, Approximately 600 Feet West of N. Jayker Way Request: Final Plat Consisting of 21 Residential Building Lots and 3 Common Lots on 6.58 Acres in an R-8 Zoning District De Weerd: So, we will move into Item 7-A, which is final plat 12-001. 1 will turn this over to staff for comment. Friedman: Thank you, Madam Mayor, Members of the Council. This is a final plat for the third phase Spurwing Greens, formerly known as Jayker Subdivision. It consists of 21 residential lots on six and a half acres of land, with an overall density of 3.6 dwelling units per acre. City staff has reviewed the plat and found it to be in substantial conformance with the approved preliminary plat and we recommend approval to the Council, subject to the conditions contained in the staff report. The applicant, Mr. Wardle, has responded that the applicant is in agreement with the staff report and the conditions contained therein. And I would be happy to answer any questions you might have. Bird: I have none. De Weerd: Okay. Thank you, Pete. Does the applicant have any comment? Okay. Thank you. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 12-001 and include staff comments and the agreement of the applicant. Meridian City Council February 7, 2012 Page 7 of 30 Rountree: Second. De Weerd: I have a motion and a second to approve 7-A. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. B. FP 12-002 Messina Meadows No. 3 by Tuscany Development, Inc. Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Final Plat Consisting of 18 Residential Building Lots and 3 Common Lots on 5.23 Acres in an R-8 Zoning District De Weerd: 7-B is final plat 12-002. 1 will ask for staff comments at this time Friedman: Thank you, Madam Mayor, Members of the Council. Again, another final plat. This time for Messina Meadows. This also is the third phase. Council hasn't really seen much out of Messina Meadows in a number of years -- actually, phase two was last -- received the city engineer's signature in 2008. The current final plat proposed is to create 18 lots on about five acres of land and for an overall density of about three and a half units per acre. Just as a note, this third phase leaves approximately 25 acres left in the preliminary plat. So, it looks like we will be seeing more of those in the days to come. We have reviewed it, found it to be insubstantial conformance of the preliminary plat, recommend approval, again, subject to conditions. Again, the applicant has reviewed the staff report and is in agreement with the staff report conditions and has transmitted that agreement to the city. De Weerd: Thank you. Any comments? Yes. Good evening. If you will, please, state your name and address for the record. Wardle: Madam Mayor, Council Members, Mike Wardle with Brighton Corporation, representing Tuscany Development this evening at 12601 West Explorer Drive in Boise. De Weerd: Thank you. Wardle: I just want to note that when we were here on time extension for this project the last year there were concerns expressed by the neighbors. The neighbors have recently noted that all of their concerns have been addressed and have been communicating with us about possible interface with some of the land that they have that's surrounded by this future phase. So, I just wanted to account for the fact that you warned me, Madam Mayor, that you knew where to find me if we didn't take care of it and I believe that we have, so thank you very much. Meridian City Council February 7, 2012 Page 8 of 30 De Weerd: I appreciate that report. Thank you, Mike. Okay. Council, any further information needed on this item? Rountree: I have none. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve FP 12-002, Messina Meadows No. 3, subject to staff comments and the indication from the applicant in agreement with those comments. Hoaglun: Second. De Weerd: I have a motion and a second to approve Item 7-B. Seeing no discussion, madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Department Reports A. Mayor's Office: Resolution No. 12-836: A Resolution Appointing Tiffany Morrin to Seat 6 of the Meridian Parks & Recreation Commission for a Term to Expire October 31, 2012 De Weerd: And, again, Mike, if you will, please, convey our appreciation to taking care of the neighbors' issues, we would appreciate that. Thanks. Okay. Item 7-A. Council, in front of you is a resolution 12-836 to appoint Tiffany Morrin to Seat 6 of the Meridian Parks and Recreation Commission. This is to expire this October. We had Michael Martin that had to step down due to some conflicts with his work. Tiffany expressed an interest during our last opening and was one of those that if we could have selected two she would have been in front of you earlier than this, but I -- you have her information and she is here in the audience this evening. I will give her a chance to speak to you, but would entertain any questions. Bird: I have none, Mayor. De Weerd: Okay. Rountree: None. De Weerd: Well, then, I would entertain a motion to approve the appointment of Tiffany Morrin for Seat 6. Meridian City Council February 7, 2012 Page 9 of 30 Bird: Madam Mayor? Rountree: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve resolution number 12-836 appointing Tiffany Morrin to Seat 8 of the Meridian Parks and Recreation Commission. Rountree: I'll second that if it's Seat 6. Bird: Seat 6. 1 need to get my glasses on so I can see. I'm sorry. De Weerd: Okay. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Tiffany, would you like to make any comment? No? Oh, come on. Bird: We will get her tomorrow night. De Weerd: Thank you for joining us this evening. Morrin: Thank you for having me. I appreciate it. Mayor and Councilmen, thank you very much for your appointment. I appreciate it and I hope to do the city proud. De Weerd: And I will commend Tiffany. She has been working with the city on a couple of different projects in her role with Broadview University and she's also on one of our work groups with the communications focus. So, appreciate your interest in serving the community on the Parks and Recreation Commission and also your involvement with the city up to this point. Morrin: Thank you. I appreciate it. De Weerd: We look forward to working with you. Morrin: Thank you. Rountree: Thank you. Meridian City Council February 7, 2012 Page 10 of 30 B. Mayor's Office: Resolution No. 12-837: A Resolution Appointing Adrianna Lutu as a Youth Member to the Parks and Recreation Commission for a Term to Expire August 31, 2012 Approved C. Mayor's Office: Resolution No. 12-838: A Resolution Appointing Ellen Caminiti as a Youth Member to the Solid Waste Advisory Commission for a Term to Expire August 31, 2012 De Weerd: Okay. Council, on Items 8-13 and C, these are our youth member appointments to the Parks and Recreation Commission, as well as SWAC, and you have in front of you resolution 12-837 and 12-838. 1 would stand for any questions on these two appointments. Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution number 12-837 and 12-838 for the appointment of the youth members for Parks and Rec and the SWAC. Bird: Second. De Weerd: I have a motion and a second to approve Items 8-B and C. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. D. Planning Department: Southridge Subdivision Building Elevations De Weerd: Item 8-D is under our Planning Department, so I will turn this over to Pete. Friedman: Thank you, Madam Mayor, Members of the Council. I'm going to set the stage for this discussion for you and run through it briefly and, then, turn it over to Mr. Barton, if the Council chooses to hear from him, but, briefly, when Southridge Development was originally approved, the development agreement included sample elevations, which are the ones we printed off that are in color, the eight and a half by elevens. Those were tied to the development agreement, but there was a condition in the development agreement that architectural guidelines for Southridge be prepared. Those have not been prepared to date. Subsequent to the approval of Southridge the Meridian City Council February 7, 2012 Page 11 of 30 ownership of the residential portion changed. Mr. Barton from CBH Homes has purchased that. They submitted some sample building elevations, because they want to commence building on the first phase, the first 65 lots in phase one, which are on the screen and also on the single eight and a half page handout that we left for you. At that time the proposed elevations came before Council, Council reviewed them and decided to go with the existing elevations until such time as new ones were submitted with design guidelines through a development agreement modification. Subsequent to December 20th Mr. Barton indicated that he's interested in hitting the spring building season and start in building out there and is seeking Council direction in, essentially, approving some revised elevations that they have developed since then and I'll run through these briefly on the screen, but you also have them in the eight and a half by 17 or 11 by 17 document in front of you. These are seen as sort of an interim step. He is in the process of developing a set of design guidelines and elevations with a development agreement modification that will be back before you, but it's been represented to us that those -- that modification may not be ready in time to hit the spring building season, so, briefly, what we have tried to do in our presentation is show you on the left the elevations that were approved for the -- with the original development agreement and the ones that are proposed. He can correct me if I'm wrong, but, basically, the ones that you see that largely don't have garages are proposed for the alley lots, which are located in the western portion first phase and the ones, obviously, with garages are going to be the street facing front loaded elevations. So, I was going to run through these quickly and, then, I will, with your permission, turn it over to Mr. Barton and, then, I will just function as -- moving these back and forth if he has a presentation. One thing I would point out to you is that in going through the original development agreement elevations you have three or four pages of images, but on the last page the only image you have is a -- simply a drawing of the alley loads. So, it's my understanding that most of the rest of the color pictures were intended for the -- either the front loaded street facing lots or some of the larger lots on the hillside. So, briefly, the existing American Farmhouse style is on the left. The proposed ones are on the right. Again, the existing proposed Tuscan elevations are on the left and -- or the existing are on the left, the proposed on the right. American Frontier, you see the existing on the left, proposed on the right. Tuscan Farmhouse, the existing elevation is on the left, the proposed are on the right. And this is a new style that they are proposing, I believe, for both the alley load and the street phasing. There is a lot of black and white pictures here, but I think the photographs probably give you a better indication of what's being proposed and, again, in summary he's requesting your direction or approval of these elevations in an interim -- as an interim measure in order to get started this spring and, then, we will be back. We have been actually meeting with them on a development agreement modification. So, I would be happy to answer any questions. If you have any questions of the owner he's in the audience and is prepared to speak to these. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 7, 2012 Page 12 of 30 Rountree: Pete, would you run through the presentation one more time in terms of the photos that you have? Friedman: Sure. Okay. So, tell me when to stop. Hoaglun: Madam Mayor and Pete. So, what we have here is what was existing and, then, the proposed are on the right, so -- Friedman: That's correct. That's correct. Hoaglun: Okay. So, these are just the ones that were before? Okay. Friedman: Yeah. What I -- Madam Mayor, Members of the Council, Councilman Hoaglun, I took the low tech approach and printed them off for you, because I figured it probably would allow you to have a closer look than doing it on the screen. Hoaglun: Okay. Thank you. De Weerd: I guess, Pete, as we look at some of these different elevations and some of them are closer than others and I imagine the first couple were the larger homes -- are going to be up to -- up closer to where the existing homes are where -- if I recall when Southridge came through there -- there was a lot of public interest to this and concern, which I think drove some of these elevations and -- and house sizes as well and I certainly understand in today's market how those need to be a little bit different, but there is -- Southridge continues to be kind of a hot potato with residents out there. I imagine that we did the minimal legal notice on this. Friedman: Madam Mayor, Members of the Council, if I could go back one before. We did not notice this. This is a department report. Right now the phase that we are looking at is the one that is kind of down low in the valley. It doesn't butt up to any of the adjacent properties. If you look at the zoning map over here, it's just this area right here. Back here is Val Vista and Alpine view. And, then, you still have the R-4 -- you have some R-4 properties that have yet to be platted, in fact, in there, so -- De Weerd: Can we look at the housing types that are going to be in the particular area that we are talking about? Friedman: I think at this point with the Council's permission I would like to turn this over to Mr. Barton, he can specifically address which ones are planned for that area. De Weerd: Okay. Friedman: I will drive the pictures, if you will. De Weerd: Very good. Meridian City Council February 7, 2012 Page 13 of 30 Friedman: Or Mr. Jewett. De Weerd: Like, wow, I thought Mr. Barton really changed. Significantly. Jewett: Is that good or bad? De Weerd: I'm not telling. Jewett: Okay. De Weerd: If you will, please, state your name and address for the record. Jewett: James Jewett. 2440 South Eagle Road, Meridian. De Weerd: Thank you. Jewett: When we originally submitted Southridge it was the intention to have a design review guideline book for the entire plat and we just haven't finished that yet and that document will address all those adjacent properties that we had special conditions on as far as width, height, design styles. What we have tried to do on this one, just to get phase one underway, was just layout the plans that would fit the five different styles that was in the original document for these lots only. So, these plans you're looking at are only for these lots within phase one. The house plans for these homes that are going to be up adjacent to the additional phases will be all contained within the design guidelines book, which will come back through a DA mod. So, I don't know if that exactly answers your question, but we just simply tried to match several different elevations to each design style within this phase only. De Weerd: Okay. Jewett: So, when you Look at some of those bigger footprint homes in that original submittal in the Southridge plat, we don't have any of those house sizes in this phase at all. De Weerd: Okay. Council, do you have any questions for Mr. Jewett? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Who will -- will Corey Barton Homes be doing the rest of it or is this their only phase they have got at this time? Jewett: No. They will be doing the entire project. Bird: So, they will be the ones responsible for the R-4 elevations? Meridian City Council February 7, 2012 Page 14 of 30 Jewett: Yes. When we submit preliminary plats for those adjoining R -4s and R -2s, we will -- Bird: Okay. They will be the one responsible? Jewett: That's correct. Bird: Thank you De Weerd: Any further questions from Council? Pete or -- and/or Jim, certainly as we have been looking at our design guidelines we have had concern about treatments on the backside of the homes that are up against arterials and entrances and so do we have those guidelines in place as well? Friedman: Madam Mayor, Members of the Council, we do not have those in place. We have emphasized repeatedly both to this developer and others, of our interest in seeing that. We do have some language in Chapter E of the design manual right now that states that and when their design guidelines do come back for your review and consideration, trust me, there had better be some language to that effect in there, because it isn't mantra that we do repeat almost every time we meet with someone, recognizing your interest in that. And to get back to the Mayor's earlier question about notification, since they will be coming back with a development agreement modification that will be a noticed Council hearing. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question, Pete. On the American Farmhouse on the proposed -- it shows the porch roof on the house on the upper right as having a metal -- is that -- is that allowed - - I can't remember what our design requirements are for that sort of thing. Friedman: If I recall, mostly, again, on most of our commercial areas we try to preclude metal as a full body -- full body treatment. I think as a roof it would comply with our guidelines, because, again, we are after a mix of materials -- mostly what we are after is mix of materials and textures and trying to get some variety in detailing I think in almost any of these. Hoaglun: Okay. Thank you Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council February 7, 2012 Page 15 of 30 Rountree: Pete, do you have sufficient information to make a determination whether or not these proposed elevations meet the design guidelines? Friedman: Madam Mayor, Council Member Rountree, Council Members, I do believe we do. Just even looking at these when they were first presented to us, they -- recognizing that they were not exact duplications of those examples that were provided with the original development agreement, but, then, as I mentioned earlier, if you turn to the last page in the eight and a half by 11's, really, we only had one alley loaded example there. A couple of these, again, I would have some concerns about most of them -- I think my first reaction was we are getting much closer to what we had always envisioned in our residential design guidelines, again, trying to get -- it's the architectural detailing and it's the mix of materials, I think, that is -- and textures that is critical on these. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: So, your characterization of getting much closer gives me some concern. And, again, my question is do we have enough specificity to accomplish what it is we want to accomplish if we act on this tonight or do we need more specificity. Friedman: Well, Council Member Rountree, Members of the Council, I believe we do. I think our challenge will be just insuring that -- because we don't do design review, we don't require certificates of zoning compliance on single family homes. Our challenge will be to make sure when building permits are applied for that we have a way of tracking these and I think we can do that with the building restriction forms and having these at the counter, particularly since we are now co -located in the first floor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Mr. Jewett, can you give me a time when your design guide will be done and submitted to the city, so you can be in compliance with the development agreement? Jewett: There was a meeting yesterday regarding all the changes necessary to go into the DA mod. There are more changes than just this. You know, we are constantly working on the design guidelines and I hope that everything can be turned in by the end of February. But there is a lot of factors involved, a lot of other players, but I am -- I met with the engineer today and tell them just, please, move it along, let's get it in. Rountree: And has anything been submitted yet for this -- to the city for -- in a draft form for an additional reaction? Jewett: No, that's supposed to be ready in some form by Friday. Meridian City Council February 7, 2012 Page 16 of 30 De Weerd: So, Pete, what -- what specifically is in front of Council tonight? Is it looking at particular designs for just that one area? Friedman: Madam Mayor, Members of the Council, that's correct. What the applicant -- or the owner has proposed is they would like Council's direction or blessing, if you will, on the proposed elevation for just those 65 lots that are located in the very first phase. The way to describe it is kind of down low. It's actually right next to the library and school site and, then, again, as you move farther south you start getting into the medium density and, then, on low density properties, which haven't even been platted at this point. De Weerd: Is there a chance you can be specific on what particular ones you're considering in that and not just this whole packet, but -- or is it all the houses in this whole package? Jewett: All the houses in that packet would be options on any or all of the lots in that first phase. De Weerd: And I know Corey has built a couple of very nice neighborhoods, but certainly this will set the theme for the rest of the area. So, certainly, it kind of, to a certain degree, concerns me to just do one small piece of a total development without the ability to show people even how this first phase might influence the rest of the development and to move forward without having many of the people who was -- were involved from the very beginning to be able to comment on it and that's -- I understand this is not up against those homes, but it will set the tone. Jewett: Madam Mayor and Council, I agree with you and -- but what our attempt is is to take the five distinct styles that we submitted and just simply show how these plans meet those styles, so we are not changing anything within the development agreement with these plans, we are just showing how they coincide with that original plan. The document that we are going to bring back in a DA mod will just be more specific to match the certain texture, feel, and style of the homes going forward, instead of being more generic to those photos that were submitted in the original package. De Weerd: But, see, I think some resemble some better than others and that's -- therein lies my concern, depending on where they are going to be and the public input regarding that. Jewett: And, again, I would agree that some are similar more than others, but in this particular phase is the absolute smallest lots, because they are in the area that was the highest density is where our starting point is. So, it's -- you can't similize a big home into a small lot to be exact. We do the best we can by matching a style, feel, and texture and that's what we have attempted to do, is simply take those styles and incorporate them to the homes that will fit on these first phase lots and so I think that what we are asking for is that -- for the Council to find that they are consistent with the Meridian City Council February 7, 2012 Page 17 of 30 homes and style, feel, and texture and allow us to move forward with phase one and, then, incorporate these, as well as the other house plans in the future for the additional phases. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Jim, so, really, right now you're starting with the smallest lots, just because that's a function of the economy it sounds like or -- Jewett: It's a function of how the plat was laid out. It's not so much the economy. We are not saying these are going to be the lowest price homes, we are just saying they are the smallest, they are in the most urban part of the plat next to the school, next to the library, next to the commercial. As the way we designed the plat is you move away from that the larger lots occur. So, it's really not a function of the economy a hundred percent. Hoaglun: Okay. Thank you. De Weerd: Any further questions from Council? Bird: I have none. Rountree: Madam Mayor, I don't have a question, but I have a comment. This particular project has been on the boards for a number of months, if not years, and we yet to have complete compliance with the development agreement and we are being asked to extend the completion of that development agreement in order to accommodate this. I want some assurance that the development agreement is going to be completed and the design guides done. I would be in favor of deferring action on this and seeing if we really and truly do see something on Friday -- that there might be some work being on the design guide and at that point if there is, in fact, a good faith effort to complete the development agreement, then, take some action. But right now I see no action, other a number of times we have seen requests on this particular project to do things before the development agreement has been in compliance, everything from the elevations, to material extraction, to -- you name it going on out there and we still don't have a completed development agreement. I'm sorry, but you have come to the trough a lot of times and we -- we have nodded our head, yes, but I need to see something on this and you have had a of lot time to work on this design guide, Jim. And I understand the economy stuff and it's expensive to do, but you made the commitment to us years ago. Jewett: Madam Mayor, Council, I'm not going to sit here and blame the economy. The development agreement gave us two options, design guidelines or follow City of Meridian design standards and back when we decided to go forward with phase one, we chose the option of going with design guidelines and we have sat with Anna and we Meridian City Council February 7, 2012 Page 18 of 30 said we will have design guidelines up, just go ahead and coincide them and you don't have to do design guidelines. That's why we are here on phases one without ours, because we were -- we thought we would just comply with the city's design review guidelines. So, I'm not saying that we shouldn't just go get them done and get them done tomorrow, because we are attempting to do that. There is just a little bit of frustration with doing DA mod after DA mod after DA mod and we want to come together with one DA mod to address all the changes that's occurred out there, so we are all consistent. You know, Southridge has been coming to you for some time now, but we have reconstructed Overland Road, we have done major improvements out there that has cost a lot of money in this economy we have stood by that and we have performed and we believe that if there was complete design guidelines within the city we would comply with it a hundred percent and all we are asking for is the consent that this is in concert with what we have submitted, so we can go forward while we finish that last component and so I would ask that you not defer us until -- any longer and we got a recorded plat, we have lots there and we have a builder that wants to get started, wants to go vertical on a product that he's proud of, I'm proud of, and I believe you will be proud of once we get up and all I ask is for that opportunity to let us get moving. Rountree: Madam Mayor, I have a question for Mr. Nary. De Weerd: Uh-huh. Rountree: In seems to me if we take an affirmative action on this, don't we need something official in terms of a DA mod to really make it right? If we can just say, yeah, okay, do this and we know there is a requirement in the DA to do something different, why do we do development agreement modifications? Nary: Madam Mayor, Members of the Council, if I understood correctly from the conversation is the -- what they are asking -- they are saying, basically, is this substantial compliance with the agreement that you already have. Now, if you want to, then, apply that to all of the rest of the development, because some of that hasn't come forward, that's what the modification is about, if I understand. So there is some that are existing and if you don't believe it's in substantial compliance or your concern is is that you have neighbors that are going to be concerned about it, then, yeah, you can direct that you're not comfortable with it, you want them to go through modification. I think they are wanting to try to get moving, but certainly that's your prerogative. If you don't think without a public input that you can make that determination that it's satisfactory and meets substantial compliance, that's certainly your prerogative. Now, did I misstate that, Pete? I saw you shake your head at part of it, so -- if Madam Mayor is okay with you commenting. Friedman: Madam Mayor, Members of the Council, I think Mr. Nary encapsulated it pretty well. What we really were looking for was direction, because we didn't feel it was appropriate for us at the staff level to make the decision. Again, we have the existing elevations that were approved as part of the development agreement and the Council affirmed or reaffirmed those elevations at the December 20th meeting. At that same Meridian City Council February 7, 2012 Page 19 of 30 meeting we said we still do not have the design guidelines as proposed in the development agreement, so let's let Chapter E of the design manual control until such time as they submit those and it was after that meeting that they brought this pallet of -- of designs to us and said, well, you know, we feel these meet the intent of the current elevations, what do you think, and I said that will be a Council decision and with the understanding that it was only for this phase and that, again, we have an expectation that there will be a set of elevations and design guidelines for the entire Southridge development and, in fact, in our discussions I said it might be worthwhile putting together what was commonly known as a plan book, so that you can, you know, flip to different pages that might represent different areas within the Southridge development and that would be part of the actual development agreement hearing public process. Bird: Madam Mayor? De Weerd: Mr. Bird? Bird: Jim, now you told me earlier that Corey was going to plan all these and be responsible. Now, who are we -- who are we signing the development agreement with, JLJ or Corey Barton Homes? Jewett: The development agreement has a laundry list of people that sign it, from JLJ, to Linder 109, to the Meridian School District, to the library, to CBH Homes, and CABRA, because as we sell pieces of this property they become part of this development agreement. So, there are multiple people that sign this -- that sign off on it. Bird: I understand that. But right now are all these people partners in Southridge right now? Jewett: They all own a part. If you're talking about just the residential, the responsible party will be CBH Homes. Bird: Okay. I hate to -- I hate to hold it up and I think all you're asking, Pete, is are we okay with the elevations, am I not right? Friedman: Madam Mayor, Members of the Council, Councilman Bird, that's correct. I mean we want -- we were requesting some direction in terms of your feeling if the revised elevations that were bought before tonight reflect the elevations that currently exist solely for this first phase. Bird: And I -- Madam Mayor? I -- personally I have no problem with that. I -- but I do have -- I'm like Councilman Rountree, I have a -- I have a real problem, because we have -- we have waited and we have waited and we have waited and we have been told this and we have been told that about the development agreement and I'm tired of waiting. I do not want to hold up the project, but at the same token I want it -- I want what was promised to us about five or six years ago to get done. Meridian City Council February 7, 2012 Page 20 of 30 Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just to comment, I think these close enough -- these are for the smaller -- smallest lots, as I -- as Mr. Jewett had indicated of the whole development up there. You know, they -- they are a close reflection of what looks like will be the ongoing design for the rest of the development for the residential areas and I think I could sign off on that in terms how close they are and agree that this can move forward for this particular area only. De Weerd: Well -- and I would stress that particular area only, because I don't agree in some areas that they are very close, so -- and I guess I have already said that. Pete, did you have something to add? Friedman: Madam Mayor, Members of the Council, again, we have only had these for a short period of time, since we transmitted them to you last week. I know the owners desire of getting moving. If you would like to take these and cogitate on them and review them and take a look at them, maybe go through them and as the Mayor's indicated there may be some that are closer than others. I share the Mayor's feelings. There are some that maybe closer than others -- and wade through them and, then, bring it back with some further direction or further refinement, if that's the pleasure of the Council that may be an option within the next week or two weeks. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: That isn't going to change my mind. I mean I think the elevations are -- and, you know, he's -- the owner is the one that's got to sell the product and he knows what's selling, I don't. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: My issue is not with the elevations. I think they are as consistent as you can be short of repeating the things that we have seen in the past. I just want it understood that -- and the Mayor said it, that if we take action on this and if we approve these or something similar to these, that it's only for this phase. We have already taken action on what we expect a couple times and that's what we expect in the design guide. So, I would move that with that understanding that we go ahead and affirm to Mr. Jewett and Mr. Barton that these elevations as proposed are acceptable for the initial phases of this particular part of the development and also caution that if they aren't particularly successful that it will have some bearing on future decisions. Meridian City Council February 7, 2012 Page 21 of 30 Bird: I second that. De Weerd: Okay. I have a motion and a second. Any discussion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Would the motion maker like to add something getting it -- before any other development is planned out there to modify -- or the DA -- the DA is done, so we don't have 500 modifications? Rountree: I would consider that a friendly amendment. Bird: Second agrees. De Weerd: Are you the friendly amender or are you the second? Bird: He's going to amend it. Rountree: I would accept the proposed amendment. De Weerd: Okay. Bird: And the second agrees. De Weerd: Okay. Any further discussion? We have an amended motion to approve the design in lieu of the original for the first phase as denoted on the map in front of us. Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Jewett: Thank you. E. Police Department: Donation of Radios, Modems, and Radio Parts to Payette County Sheriffs Office 1. Amended onto the Agenda: Resolution No. 12-839: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Meridian City Council February 7, 2012 Page 22 of 30 Declare Surplus Property and to Donate Equipment to the Payette County Sheriff Department, Idaho Approved F. Fire Department: Donation of Radios to Emmett Fire Department 1. Amended onto the Agenda: Resolution No. 12-840: A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Emmett Fire Department, Idaho De Weerd: Thank you. Okay. Item 8-E. Basterrechea: Madam Mayor, Members of the Council -- De Weerd: They are leaving during the most entertaining portion. Basterrechea: What's that? I know. The most entertaining portion. De Weerd: I know. Rountree: This is the fun part. Basterrechea: This is the exciting part. I can't believe they left. What we are requesting is permission to donate our old radios and modems and radio parts that we have. Since we have converted over to 700 megahertz the radios -- our old radios have become absolute. We have no use for them. So, we would like to donate those to the Payette County Sheriff's Office for their use. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Items E and F, resolution 12-839 and 12-840. Hoaglun: Second. De Weerd: I have a motion and a second to approve Items 8-E and F. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 7, 2012 Page 23 of 30 De Weerd: Good job, deputy chief. Hoaglun: And Madam Mayor -- De Weerd: For the both of them. Hoaglun: Yeah. Perry owes him a lunch or something I'm sure. Bird: Madam Mayor? De Weerd: Yes. Bird: Perry, I want you to ask when -- the fire department bought radios in 1905. We have got a whole list of them down there in the list you give us that was bought 1905. De Weerd: Why wouldn't it be in a museum, Councilman Bird? Bird: We didn't even have a fire department and radios weren't even invented. De Weerd: Either that or they are going to be in the Parks Department. Bird: Before that record goes into public records you make sure they get changed. I think it's '95. Palmer: I think so. G. Public Works Department: Award of Bid and Agreement for the "NW 1st Street Water Main Replacement" Project to the Low Bidder, Star Construction LLC., for the Not -To -Exceed Amount of $88,619.50 Cancel Award 1. Amended onto the Agenda: Discussion of Nampa Meridian Irrigation District (NMID) License Agreement De Weerd: Okay. Item 8-G is under our Public Works Department. I will turn this over to Mr. Nary. I'm sorry. Mr. Barry. It kind of rhymes. Barry: Thank you, Madam Mayor, Members of the Council. We have two items before you this evening. The first is in regards to a Nampa -Meridian license agreement we have been talking about for some time and the second is the award of a bid and agreement for Northwest 1st Street water main replacement project. Both of these are related. I'd like to, with your permission, talk about the license agreement first, because depending upon how you act on that particular item will dictate what we may want to do with the award and agreement. As you know regarding the license agreement, we have been working with Nampa -Meridian staff for quite some time on trying to bring about a Meridian City Council February 7, 2012 Page 24 of 30 resolution to some language that has not set well with the city. This issue has been going on for about six months. You may recall that Nampa -Meridian Irrigation District recently changed its license agreement templates and in their new template they have language that the city is objecting to. This language is in regard to essentially requiring the city to agree that all water courses for the most part in these license agreements are manmade, are exclusively constructed and used for the district and are not natural or navigable water courses or streams. This is standard language that's appeared in license agreements that we have signed in the past and have recently reevaluated. Some on potentially manmade structures and others on natural water courses as well. You have been briefed several times that that language is a concern and the reason, again, it's because conflicts with our Uniform Development Code definitions and our code requirements, which would place the city in the precarious position of regarding and -- regarding the requiring and enforcement of existing development standards. Additionally, it also conflicts with the city's adopted comprehensive plan and, further, the license agreement language or other license agreement requirements in language require that the city comply with all terms and conditions of the license agreements or MNID would have the right to request removal of our facilities. There are about two dozen more other requirements in these license agreements recently -- that we have evaluated as well. Since we have been talking about this for some time Council had directed staff to do a number of things. First of all, see if we couldn't get the license agreement language that's Section D-1 removed. If that didn't work, try to get it modified. And if that didn't work see if we couldn't just protest the language. At the same time the Council had asked for staff to get opinions from regulatory agencies regarding this language and the regulatory agencies that you requested we seek opinion from were the two regulatory agencies closest to this issue. That would be the Environmental Protection Agency and the United States Army Corps of Engineers. The EPA response -- and I will read this into the record, if you don't mind. From assistant regional counsel Mark Ryan. It says that our position regarding the -- our question about the language, he says, quote: Our position is that ditching of natural water bodies does not remove them from the Clean Water Act jurisdiction. EPA and the Corps are the only governmental entities empowered by the Clean Water Act to make that call. Whether something is called a ditch or a stream is not determinative of whether it is covered by the Clean Water Act. One has to look at the function the water body plays in the tributary system and its connection to downstream waters. He goes on further to say -- and I quote: Judge Bush recently held that the Low Lying Canal near Twin is a water of the U.S. and that is clearly a manmade ditch constructed wholly in upland. That's the official position from legal counsel of the EPA. I'll read a short paragraph from the legal counsel of the U.S. Army Corps of Engineers. This is from Theresa Hampson. She said, quote: I agree that the additional language requiring the city to acknowledge that all irrigation channels are nonjurisdictional water is of some concern. She goes on to say, quote: Meridian must be prepared to analyze each canal or channel's history and a make legal determination based on complex federal law under Section 404 of the Clean Water Act. Only your Council and decision makers can determine if they are prepared to assume that risk on behalf of Meridian. So, as you have seen, we have gotten opinions from both the EPA and the Army Corps of Engineer attorneys. Additionally, we have been working, as I mentioned, for several months Meridian City Council February 7, 2012 Page 25 of 30 exchanging e-mails, sitting at meetings with staff from Nampa -Meridian and their attorneys to try to get this resolved. We were unsuccessful in getting them to remove the language. We were additionally unsuccessful in getting them to modify the language and as you know last week in a special Council meeting we had agreed to the language with a protest letter as an attachment to that license agreement and Nampa - Meridian has rejected that protest letter and has requested redaction of any mention of protest to this license agreement and, therefore, we are where we are tonight. Now, several things have happened also. First of all, this project is up against a timeline. We have been put on notice by our contractor that if we do not give them notice today that he will not be able to meet the timeline requirements on getting the project completed. So, this is time critical. We are sort of the 11th and a half hour. Nampa -Meridian last week, in an effort to try to encourage us to move forward with license agreement, was good enough to move onto their board meeting this morning a clean copy of the Hunter Lateral license agreement, the license agreement in question here, without any of the protest language or exhibits and did pass this morning that agreement. I have that agreement in my possession this evening. It does contain the controversial language and we are -- I have that before you tonight as well for your consideration as to whether or not you would like to enter this agreement, despite what's been discussed and if you do, then, we can talk about the second item, which is the contract for the work by the contractor. So, I will pause there with any questions. De Weerd: Council, any questions? Bird: I have none. De Weerd: I see that Nampa -Meridian Irrigation District is here. Any comments? Okay. Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Just a brief comment, then. I mean what -- what we have here, Tom, is -- is the irrigation district is battling with the feds over designations of some of these waters, whether they are navigable waters, waters of the United States. I mean that's a fight that -- that's going on and if I could have them nod yea or nay. Am I on the right track on that? So, I'm getting a yes. And so it appears to me in that effort on their ongoing battle, which I sympathize with. I mean we have the same fights with EPA when it comes to dealing with our treatment plant and discharge and those types of things. So, we know what onerous federal regulations mean and it's a fight that just seems to be ongoing. Never ending. But at the same time we are kind of being drug into this and while I sympathize, I don't know if we really have a dog in that fight, other than to sympathize saying we go through the same thing. That's -- that's the tough part. And by having a signed agreement that's saying, oh, these are -- these are all ditches or drains, I -- I don't have the knowledge to make that determination and in my mind in the end it doesn't matter what we say if the federal government is going to say otherwise. I Meridian City Council February 7, 2012 Page 26 of 30 mean that's the fact of the matter. You know, we -- we can -- we can agree, we can sign everything, but if the feds say, no, we are going to call it this, we don't care what the city of Meridian -- what the document they sign says and that's a fight that the water users will have to continue on with and we are of no help and I'm just concerned as we battle this out trying to say, hey, you aren't in a position to make that determination. You know, we are not able to get projects moving forward in a timely fashion I'm afraid and looking ahead down the road we have got some major projects coming up. You know, we need to resolve this in a fashion that works for everybody. But I -- I'm not sure how that's going to be. So, just kind of my thoughts on that, Madam Mayor. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I agree with what Brad said. I can -- I can put myself in the position that the irrigation district's been in in my previous employment and understand they are doing every effort they can to try to establish their authority and responsibility and all of those sorts of things, but I can't in good conscience agree to something that I can't agree to. I mean I don't have the expertise to agree to some of the language in the development agreement. Some of the language in the development agreement has no bearing on our ability to cross their easement or utilize their easements for some other purpose or for construction activity or all of those kinds of things. I can understand their desire to not impinge on their ability to provide the service they provide and that sort of thing. I can sympathize with the federal issues they got to deal with. I have dealt with them before. They are tough. Sometimes they don't make any sense. From the city's perspective I think the city could help with the irrigation district in supporting that, but not in a coercive sort of a manner where -- where we are somewhat held hostage to something we need for our public and to accomplish something they are trying to accomplish. I could see where we could sit down with them and write letters to our federal representatives and say, you know, these laws don't make sense, they require -- they are burdensome. They are adding cost to projects. We are dealing with manmade structures that have an opportunity to get moved on a frequent basis and redone on a frequent basis based on needs of being to supply water. But, again, when it comes back to an agreement, just the principal of entering into an agreement just to get it over with -- agreeing to things that we simply can't agree to and I say can't, because we have no authority to make these -- to enter into these agreements that way. All we can agree to is what -- what it is we are proposing to do and the way we propose to do it. Not jurisdiction of -- in definition of a resource. And so I guess my -- my position is defer the execution of the development -- or the license agreement until we have an opportunity to sit down with the irrigation district and, hopefully, come to some resolve with the issue and hopefully come to some cooperative effort to where we can help one another. We seem to be butting heads on this and some other issues right now. That's not our intent. Our intent is to provide the services that we are mandated to provide, just as they are mandated to provide the services to their customers. We have a requirement to provide roads and fire protection and water and sewer and, unfortunately we live in a society -- in a community now where we all intersect with one another on a daily basis Meridian City Council February 7, 2012 Page 27 of 30 and in order to accomplish all our needs we have got to sit down and we have got to come to some consensus and cooperation on how to do it. But the approach that I see being taken on this particular issue is -- is not the approach that I would agree to enter into. De Weerd: Any further comments? You know, I guess, Mr. Barry, Mr. Miles and I went and met with Nampa -Meridian Irrigation District and I would still maintain we have an important partnership with them and building customers and -- because their customers and their satisfaction has everything to do with our citizens and their ability use surface water. I would -- since our Nampa -Meridian partners are in the room -- let them know that we will be suspending notice of violation and with that and this issue, I hope we can come to the table and start talking about our differences and -- and, again, just like we suggested in our meeting with you, I think we have a lot more in common than we have difference and we would love to find some resolution on these and I think we have every reason to sit down and to talk about them and to find those resolutions. So, Mr. Barry, I don't see how we can move forward on -- on this project and -- because I have three Council Members up here who have said the language is something that we can't agree to and we need to continue to work on that. Barry: Okay. Thank you, Madam Mayor and Members of the Council. I appreciate that direction. With that direction I would ask that we remove from the agenda, then, Public Work's request to award the bid and the agreement for the Northwest 1s Street water main replacement project. This was going to go to Star Construction. What we can do with your approval of the denial of that award, since it's contingent on this license agreement, is notify the contractor first thing tomorrow morning that the project has cancelled and, then, that way he can go about his business. So, we have your concurrence to that recommendation we will carry that message forward. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we cancel the award of bid and agreement for the Northwest 1st Street water main placement project to the low bidder Star Construction for the not to exceed among of $88,619.50. Rountree: Second. De Weerd: I have a motion and a second. Do I have discussion? Rountree: I have none. De Weerd: Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. Meridian City Council February 7, 2012 Page 28 of 30 De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. H. Clerk's Office: Approval of Beer License Owner Transfer from Crawforth Brothers 4, LLC to.Doughboys LLC dba Piehole Pizza Located at 726 N. Main St. Approved De Weerd: Item 8-H is under our Clerk's Department. I will turn this over to Madam Clerk. Holman: Madam Mayor, Members of the Council, we have -- this normally would be something that's on the Consent Agenda, because it's just an owner transfer. Piehole already has their beer at their establishment, but this is changing ownership and it also -- our city attorney Mr. Nary noted that it is within 300 feet of a local church, so we wanted to put it on the regular agenda for discussion. De Weerd: Okay. Mr. Nary, did you have any comment? Nary: Madam Mayor, Members of the Council, it's just a statutory requirement that the Council issue these when they are within 300 feet of a school or a church. So, that's why we added it to the regular agenda, rather just a consent item, just to make sure you're aware. De Weerd: Thank you Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the beer license for transfer from Crawforth Brothers 4, LLC, to Doughboys, LLC, doing business as Piehole Pizza located at 726 North Main Street and the reasons I would approve it is because there is at least five licenses within 300 feet of the church already and while I don't like it that way, you can't just hold one back. Rountree: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, absent; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 7, 2012 Page 29 of 30 Item 9: Future Meeting Topics De Weerd: Item 9 under future meeting topics, any items for discussion? Holman: Madam Mayor? De Weerd: Madam Clerk. Holman: Madam Mayor, I received a request from Stephanie Blake with the Ada County Highway District for another date for possibility of a joint meeting between ACHD, city of Boise and City of Meridian regarding the Fairview Access Management, a joint meeting they have been trying to put together, so I thought since I had the majority of you here I would give you the date. She was asking about March 1st. So, it looks like -- let's see -- De Weerd: You know, Madam Clerk, it would be really nice if she would just give us like three dates and, you know, we can weigh in on our availability on all three dates and she could do the same with the other city and we might have a little bit better luck with that. What time are we talking about? Holman: Madam Mayor, there is no time listed. I can get back to her with those comments tomorrow and ask for her to just float a few dates and, then, send that out to all of you. De Weerd: Okay. That would be fantastic Rountree: And times. Holman: Okay. Bird: The 1st will work in the morning. State tournament starts that afternoon. De Weerd: Yeah. Better check with the basketball schedule is all Mr. Bird can say. Okay. Anything further this item? Hoaglun: Madam Mayor, just to note that Tiffany stayed for the whole meeting, though. That's a great commitment for a Parks and Rec commissioner. Rountree: Yes. De Weerd: That is. Bird: Be here tomorrow night, too. De Weerd: Okay. I would entertain a motion to adjourn. Meridian City Council February 7, 2012 Page 30 of 30 Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 8:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD ATTEST. JAYCEE&ipLMAN, CIN CLERK / ?o,. f /ca Q l ate- E APPROVED QIXESO avG�S� fCity of 1 E IDI AN IDAHO SEAL <<�r T I I k REcErvED Changes to Agenda: None FEB 0 7 2012 CITYOFaWi Ux Item VA: Spurwing Groves Subdivision No. 3 (FP -12-001) CITY CLERKS OFFICE Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 6.58 acres of land, is currently zoned R-8, is located north of W. Greenspire Drive; approximately 600 feet west of N. Jayker Way. Summary of Request: The applicant has applied for final plat approval consisting of twenty-one (21) residential lots and three (3) common lots on approximately 6.58 acres of land. This is the third final plat proposed for the Spur wing Greens Subdivision. The second phase received City Engineers signature in November 2011. The gross density proposed with this phase is 3.65 dwelling units to the acre with an average lot size of 10,498 square feet. The open space (0.13 acres) proposed with the plat includes three (3) micropath lots that provide internal pedestrian connectivity with existing and future platted lots. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat and recommends approval. Written Testimony: Mike Wardle (response in agreement with the staff report) Staff Recommendation: Approval Outstanding issues for Council: None Notes: Item #7B: Messina Meadows Subdivision No. 3 (FP -12.002) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 5.23 acres of land, is currently zoned R-8, and is located north of E. Amity Road midway between S. Locust Grove and S. Eagle Road. Summary of Request: The applicant has applied for final plat approval consisting of eighteen (18) residential lots and two (2) common lots on approximately 5.23 acres of land. This is the third final plat proposed for the Messina Meadows Subdivision. The previous phase (2) received City Engineers signature in 2008. Subsequent time extension approvals have kept the approved preliminary plat valid. The remaining acreage to be final platted excluding the third phase is approximately 25 acres. The gross density proposed with this phase is 3.44 dwelling units to the acre with an average lot size of 9,874 square feet. The proposed open space (0.13 acres) includes a micropath lot (Lot 11, Block 10) and a 20 -foot wide street buffer (Lot 12, Block 11) along E. Fratello Street. Staff finds the proposed final plat to be in substantial conformance with the approved preliminary plat and recommends approval. Written Testimony: Mike Wardle (response in agreement with the staff report) Staff Recommendation: Approval Outstanding issues for Council: None Notes: Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 10, 2012 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council January 10, 2012 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, January 10, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Jamie Leslie, Mollie Mangerich, Emily Kane. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I'd like to welcome you to our City Council meeting. We appreciate all of you joining us. For the record it is Tuesday, January 10th. It's 3:00 o'clock in the afternoon. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Item to note under Department Reports, 7-G, that resolution number is 12- 831. And also on Item 9-A, the Executive Session, we want to add Subsection (d). So, our Executive Session will be per Idaho State Code 67-2345(1)(c), (1)(d), and (1)(f). And we would like to amend that. So, with that, Madam Mayor, I move adoption of the agenda as amended. Bird: Second Meridian City Council January 10, 2012 Page 2 of 46 Zaremba: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Consent Agenda A. Approve Minutes of January 3, 2012 City Council Regular Meeting B. Acceptance Agreement: Display of Artwork of Les Herman in Initial Point Gallery from November 2 to November 30, 2012 De Weerd: Our next item is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Community Items/Presentations A. Public Launch of Meridian Community Recycling Fund De Weerd: Item No. 5 under our Community Items/Presentations. I imagine I'm turning this over to Mollie. Mangerich: Good afternoon, Madam Mayor. Members of the Council. I'm here representing the Solid Waste Advisory Commission today to you seek your approval and comments and suggestions. We are ready to launch to the public the availability of Meridian City Council January 10, 2012 Page 3 of 48 community recycling funds for projects and to receive applications during the next month and a half. We are fortunate that we have been, since May 2011 and December 2011, we have collected over 4,000 tons of residential recyclables from curb side here in Meridian. Those 4,000 tons have garnered us 134,000 dollars, of which the city's revenue portion of that has been 76,000 dollars. As an agreement within the criterion program establishment of the community recycling fund by the SWAC, we have available today 38,000 -- a little bit over -- available to the community by which they could apply applications for -- for projects that are related to waste reduction, recycling, public education, public education materials, construction projects that would include incorporation of materials that are secondary in nature. Recycled wood. Recycled lumber, plastics et cetera. So, we wanted to run by you guys our press release and who we are targeting within our community to get the word out and seek suggestions, advise, and a nod and we will do so. It is our goal to have prepared a press release and work with Robert Simison in the Mayor's office to get a press release out by February 1st and utilize the various capabilities of media we have within the city, our city's website, the SSC newsletter, our employee newsletter and also our city newsletter and we have coordinated timing so that we could enter into all of those publications to allow our citizens to know that we have we limited funding available. Our IT Department has graciously provided us a dedicated e-mail line that myself, Andrea Pogue, and one of our other commission members, Keri Glenn, will team up and help preserve and provide technical assistance and answer questions to our public.who may call in.who may be interested in this, if not this year, the next year. Our project this year are particular in schools within the City of Meridian and I have contacted our Meridian Chamber of Commerce and have been invited to an upcoming luncheon to talk to them about it and also be utilized in any of their e -newsletter and/or website, as we would like business participation to be included within this. So, I list for you our targets and the media utilized and that's my last slide. So, we have done a lot of discussion. It's been a really positive experience for all the advisory commission members. We feel fortunate to be in this position. We are also believe that we are far better prepared and organized as to how to administer this program than perhaps we have been in the past in terms of increased accountability and, then, transparency. Not only to our internal leadership, but to our public as well. De Weerd: Thank you, Mollie. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a comment that I'm so glad that we are able to do this again, because while we have really stepped up the applications and stuff this time around and we were kind of lackadaisical on a couple before, we still did a lot of help and -- to the community and -- and I'm so thankful that we are able to do that and I hope that we will be able to continue to do this and do it right. We will. We will. It will work out. Mangerich: Okay. Well, thank you. Meridian City Council January 10, 2012 Page 4 of 48 De Weerd: I think it's important to note this is a commodities market and so, you know, it's very unpredictable and when the commodities have a market it's certainly something that we can do. So, I -- I believe we need to set realistic expectations to the process and the availability of funds, so that as -- if we go through a market like we have and are coming out of, that people know that that money will not always be there, it is cyclical. Also if you go to the chamber I think it will be important to note some of the projects that have been funded and the community benefits that have resulted and what we are doing as far as the process and the transparency and accountability different than what we did then. You know, how the program has evolved, because certainly that's what these kind of programs really do, they evolve as they become more popular. We put stronger processes and place and it's -- it's all part of growing something that's of benefit to our community. Mangerich: It truly has. Hoaglun: Madam Mayor? Zaremba: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just appreciate this, Mollie, and looking forward. I think this is going to be a great program and continue to help build this community in different ways. I just wanted to know if you could walk me through the process a little bit. If a school comes in with an application -- let's say they want 20,000 and a business comes in and they have got a project that 25,000, we don't have enough money for both, what would happen? What does the committee do? Mangerich: During the application opening period the three members whom I spoke to about, Andrea, Keri and I, will review applications and make sure that they all meet that criteria. In those cases where somebody might be lacking information we will assist them should they want to pursue clearing up their application. At that point, obviously, some of our dollar values may have changed and, if anything, maybe have increased and we will -- we have a special meeting of our Solid Waste Advisory Commission to discuss the elements and benefits of the application and make a decision tree as to how we would allocate those funds and they are limited funds with 38,000 being available and we would go through that process and come up with a decision. We would also talk with the applications if there was the ability for them to perhaps wheel back a portion of their element and receive funding on the three-quarters of their application that maybe appropriate to work with them as well. So, we want to be very technical assistance oriented, but also very realistic in the limited numbers that are available to our community this first year out. Hoaglun: Madam Mayor, to follow up. Is there any criteria where a nonprofit is -- gets more points, if you will, in the consideration versus a for profit? If a business says, oh, Meridian City Council January 10, 2012 Page 5 of 48 we want to use this recycling material in this building that we are building and want to sell versus the -- take the school again and we want to include recycling material in this sort of project, is that a consideration or how does that work? Mangerich: The applicant targets are not weighted by what -- the stakeholder group that they come from. Hoaglun: Okay. Mangerich: However, there is a tiered approach to the funding. Projects submitted with a value up to and including 5,000 dollars, there is no match needed. However, this program runs strictly as a reimbursement program. So, people have to consider that they have to be able to come up front, buy materials, and, then, get reimbursed upon submission of receipts of that. Now, applications that may be coming in greater than 5,000 dollars, there is a 50 percent match. That match is consists of either materials -- not labor -- and/or funding themselves. So, is a commitment to add to this pool of available funding. Also in the event if there were to be any construction to be occurring as a result of this award of money, they have to go through our building services and we will take them through the process and fees will need to be paid on those. Hoaglun: Great. Sounds good. Sounds like the committee has thought it through and put together a good program. It's not free money. I mean they have got to -- they have got to have some skin in the game and make sure it's going to be a good solid project, so that sounds great. Thank you. Mangerich: We hope to come back to you, you know, within -- by the end of the fiscal year and have some positive stories and a good PowerPoint presentation for you. De Weerd: When I think what we have seen in part of the projects in the past, they have to have a community benefit and that is an element in that. Bird: We have got a match and it's worked out De Weerd: Uh-huh. So -- Mr. Zaremba. Zaremba: Just kind of a side thought here. Actually, I'm thrilled by not only the opportunity, but the whole way this is going. I mean in -- in recollection when we went to the commingled residential curb side collection of recyclables we thought that that was probably going to operate at a loss and at the moment, since it's not operating at a loss, that's wonderful. Just a suggestion for the SWAC commission, maybe to discuss at some point. I know there is ups and downs. It's a commodity market, but if there is any thought that this trend might continue, that it doesn't operate at a loss. I know I have had business people tell me they would recycle if it did not cost them extra to have a recycling bin. If I'm understanding correctly, SSC charges the normal charge for picking up refuse, but different than the residential service where now nobody pays extra for recycling they, at least -- the businesses at least have to pay extra to have a Meridian City Council January 10, 2012 Page 6 of 46 recyclable bin separate from their own and if we continue to have income, if there would be a way to cover that cost, so that businesses could recycle free the same as homes do, it's the two benefits. We are not putting more stuff into the land fill and we would have more stuff to recycle if it's actually making money and I just want to throw that out there for SWAC to consider at some time, would there be a way to eliminate the residential -- the business recycling bin fee. Mangerich: Absolutely. I will carry that forward as a feature agenda item four our discussion. Zaremba: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just a second thought here. We -- the biggest thanks need to go to SSC for this program. As a private -- as a private company they certainly -- and in their contract certainly don't have to give this money back to the citizens of the city. So, the big thank you is not only to SWAC, the committee, but also the SSC for doing this for us so. I'm very happy to be associated with SSC for what they do as a community. Mangerich: I heartily agree with you, as well as you -- as our other commissioners and might I add to that point of generosity of their own giving this up freely, volunteering this aspect of partnership back to our community, that also in the event -- when the event occurs that markets would take a tumble and we would go into the negative value on the commodities that we are collecting curb side, that SSC will cover that cost and it will not be accrued to the city, nor our rate payers. So, it is an extraordinary gesture on their part and I think solidifies what -- how fortunate we are in our area to have this particular partner. De Weerd: And I think that point kind of answers maybe why the practicality of covering the recycling for the business because of the ebbs and flows in the market, the cost structure would have to ebb and flow as well and it's not just practical. So, it's really difficult to manage that and I'm sure our -- our utility billing could probably tell you that would just be a nightmare trying to figure out when it's up what we should -- then we don't charge, when it's down we do charge and if you have ever had a commodity -- if you have ever been in the commodity market it's changes daily. So, I don't know how practical that is. This seems more clean cut and predictable. So, I know they have looked at that. So, that might help you with not expecting an answer in the near term. Thank you, Mollie. Mangerich: Thank you very much. We will move forward on this and we will report back in several months. Item 6: Items Moved From Consent Agenda Meridian City Council January 10, 2012 Page 7 of 48 De Weerd: Thank you. There were no items moved from the Consent Agenda. Item 7: Department Reports A. City Council: City Council Department Liaison Appointments De Weerd: So, we will move to Item 7-A and I will turn this over to our Council President Mr. Hoaglun. Hoaglun: Well, Madam Mayor, I have handed out to you, the Council members and clerk, the new liaison appointments for this coming year and we -- for Councilman Zaremba, he will be handling the Community Development Planning and Zoning Building and Development Services and with the merger of that -- the changes that are taking place with Public Works, he's also assigned Public Works. So, he will be doing those two areas and that way it would be one point of contact for anything the Council needs to know and he could -- he can be the troubleshooter on that, so appreciate him doing that. For Councilman Bird, the Fire Department and Parks and Recreation for this coming year. For Councilman Rountree -- he kind of gets what's left over. He went on vacation, so he's stuck. He gets Legal, HR and IT, and the police. De Weerd: He's stuck with the police. Hoaglun: He's stuck with the police. And, then, for Council President, as I guess is tradition, Finance slash Utility Billing and the Mayor, Clerk and Economic Development. So, I will be handing those and planning on looking forward to those Friday morning meetings to set agendas and whatnot. So, moving forward with that. So, that's what we have for 2012. So, I didn't hear any groans out there from any of the city employees, so they are all happy with who their liaison is for this year. De Weerd: That's very good. You have managed miracles then. Are you going to maintain the assignments to VRT, COMPASS, Air Quality Board, and all of the rest? Hoaglun: And, again, Councilman Rountree not available to discuss that, I think there is a willingness by everyone to stay with where they are. If there is not, please, let me know, but I think we are pretty well set. We do need to discuss the liaison to the senior center, that is something that we probably want to have a liaison to and that's something I'm willing to take on if needed, so -- De Weerd: Okay. Very good. Thank you. Any questions or comments from Council? Zaremba: Just a comment that I, of course, would be happy with any department, but I'm appreciating being trusted with the departments that are having some transition. I will try and do my best. Meridian City Council January 10, 2012 Page 8 of 48 B. Legal/Human Resources/ Information Technology Department: Strategic Plan Update De Weerd: Thank you. I'm sure you will. Okay. Item 7-13 is our Legal, HR, City Attorney strategic report. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor. Madam Mayor, Members of the Council, as we get that rolling up, I guess I have an opportunity to introduce everybody. As I said kind of facetiously, but not completely, before the meeting, if you have any computer problems I guarantee we can probably take care of it today. I think we enough of our folks in here we can probably fix whatever you need. This is an opportunity we get annually to update you a little bit on what we have been doing and update a little bit where we are going and that's really the exciting part is where we are going, but before we start, you know, this - as you can see we are a pretty diverse group in our department and behind me in the -- to the right of the Council chambers is the majority of our staff from both HR, IT and the legal staff for the city and you have an incredibly talented group of people and I have the privilege of leading that department, but you have an incredibly talented group of people to head those up and I guarantee you you're not going to find that quality of personnel anywhere in the state, the county, or other cities to the degree you have here in Meridian. I like to toot our horn a lot when I can and I will tell you there isn't a whole lot of things that .I don't think the people.behind me can't do and the citizens of our community I think benefit from that daily. I don't think a lot of times it gets recognized, because as we sometimes jokingly say in our staff meetings, people don't really pay much attention until it doesn't work. You know, nobody cares much about your computer until it doesn't work. Nobody calls us up very often and say, boy, that was a great contract you guys wrote last week unless it doesn't work. Nobody really calls us up and a tells us what we have done unless it doesn't work. But the reality is is most of the time everything works and it does because of the folks behind me. This -- this is a group effort with putting our strategic update together for you and they all deserve the credit and I just get to be the guy standing up here and tell it to you. But every one of those people back there really are the ones that make it work every day. De Weerd: Bill, I will tell you that when it doesn't work they get a lot of recognition, because we are so appreciative that happens so infrequently. So, even if we don't express it certainly when it doesn't work it underscores how much you are appreciated. So, to each and every one of you I hope you know that. And, yes, you're not reminded it often enough, but you are appreciated. Nary: Thank you, Madam Mayor. We appreciate that very much. So, let's talk a little bit about putting the pieces together and what we do as a department. So, we talked about this as a group and what do we? You know, most of our -- most of our customers aren't the people out in the community first. Most of our customers are people in side the city. Most of our -- I said yesterday of our staff meeting, I don't think IT probably gets a lot of calls from outside the city unless it's a wrong number, because most of their customers the people that are here on a daily basis. Meridian City Council January 10, 2012 Page 9 of 48 De Weerd: Or a vendor. Nary: Or a vendor. but our job is to keep the city out of trouble. I mean that's what we do and it doesn't matter whether we talk about HR or it doesn't matter if we are talking about risk management, it doesn't matter if we are talking about the legal department, it doesn't matter if we are talking about IT. Our job is to keep the city out of trouble. Our job is preventative maintenance to make sure things work as often as we need it, whenever we need it, and if there is a down time, which occasionally we have, then, that it's very minimal. But we anticipate the needs of the city, that we can be forward thinking, because, again, most of the things -- especially in the technology arena, most of the folks that we work with aren't very adept with the technology that's coming or what can be done, that's our responsibility to help them anticipate their needs, find out what their problems are, help solve that. Provide a consistent quality of service on a daily basis. To be fast and reliable. Again, whether it's a legal issue, whether it's a personnel issue, whether it's an IT issue, you want a fast reliable response. You don't necessarily want us to get back to you next week or a month from now. You really want it to work five minutes ago. You really want an answer in about ten minutes. We can't always give you a ten minute answer, but we try to do it as often as we can. Again, meeting the needs of our customers is something that we as a department consider our main calling and that's what we do. So, we try to exemplify -- and you will hear a lot more about this, but we have been talking internally with the Mayor and. with the directors about the Meridian way and what that means and what are we talking about and really trying to do these things or some of the things that we talk about as how we do things in Meridian that maybe isn't the same at other places. It may not be the same experience that we get with another public agency or even a some private entities and we try to be different, we try to be responsive and we try to solve the problem as quickly and as reliably as we can. Here is our organizational structure. You have seen it before. We have had some small changes this year with IT now with Mike and David taking on their roles and responsibilities of supervising both the infrastructure support side of our system, as well as our software engineering. And, again, we have an incredibly diversely talented group of people that I can't emphasize enough. I probably at sometimes overemphasize the fact that I think they can do whatever you need and I haven't been proven wrong very often that they can't and I think it doesn't matter whether we are talking about IT or legal or HR, I think most of the staff that we have can do whatever it takes and whatever needs to get done. So, let's talk about some of the specifics. Okay? So, we will talk first about on the IT side, okay? The incident tracking system, you have heard of it before, we have written it in-house. Mike Tanner was the leader of that. It's now working both now with our police department and has been for awhile, but now it's also shared with Boise Police and Ada County Sheriff. This is -- this allows them to then be able to track all of these things in real-time and be paperless. They are currently running it as a test to make sure all three of the agencies can interact with one another, that they can, then, process paper through -- or process reports through this system and not create all this paper and have this real-time type of conversation and there is another slide about that in a second. But, basically, allow this tracking to save ink, paper, time, storage space, all of these things by sharing with these other agencies and the City of Meridian being the leader in this particular area, is very Meridian City Council January 10, 2012 Page 10 of 48 unique for us and very unique for our city to be the people that really are the go to and that they are finding in other cities -- and we talked about this I think last year, they looked at other entities or other ways of getting this work done and found they couldn't find something better than what we could provide them. The incident tracking system, again, allows a real-time communication. That's something that's, again, not been done around here and that's really a great innovation that we are really proud of as an entity to have. IT support. Fulfilled over 4,000 support requests. That's not a typo. You divide that out by your normal work year, that's a lot every, every day and many of those, if not all of those, are handled within the time period of expectation that we have provided to customer, we get another employee, another department. Some of them are long-term projects, some of them are short-term projects. Some of them get done quickly, faster than what our requirements are ourselves, sometimes they are done even -- even quicker than the customers is even asking for. We try to maintain those service level goals, so that we can again provide the quickest, fastest responsive service to meet the needs of our different departments. Overall we have had great customer feedback because of it. We have had some very smooth transition with new employees. As you can see there is some new face around the table back there -- or in the chairs back there. We have had some additions that have been great assets to us and in bringing those on, both with Mike and David's leadership in IT, we have been able to assimilate them into our work group. It's been, again, a great transition and now we have time.to start looking ahead and where we go. What kind.of training can we provide to the city, to the different departments. We had done that when we first moved in here and now we can have the time and opportunity to bring that back online and get some training opportunities for Office 2007 and IT, how to deal with other IT issues, phone system, other types of training. We have a training facility upstairs on the third floor that we can use to its fullest potential and that's a great opportunity for both our staff to provide that, as well as the city employees to receive it at, again, a very afford able cost to the city. E -ticketing. This is something we are very excited about in IT. This will reduce manual entry. This is a copy of how many tickets -- this is probably -- is this daily? Weekend. Okay. So, this is a weekend amount of tickets that get issued by police department. Every one of those to date have to be entered by hand into our system. We have people that that's all they have time to do is enter citations into the system. This will reduce storage space by having this e -ticketing, it will reduce the manual entry, which, of course, reduces errors, reduces the copying costs, increases the office -- office efficiency for it. This is a great invocation for the city. This is something, again, we are very excited about. We hope to have it up and running by the summer of this year. This is, again, a great addition to the service level that we can provide the police department. With the incident tracking system in this I think our police department is second to none in being able to do their work in a most efficient manner, again, less errors, less storage, less time, much more efficient, again, greater benefit to our taxpayers. Leslie: Hey, Bill, can I add something real quick? Nary: Yes, sir. Meridian City Council January 10, 2012 Page 11 of 48 Leslie: We just got notification today from the Department of Highway Safety, based off the involvement from our IT Department -- I don't think you have gotten the letter yet, because I just got it a little bit ago. We had a 15 percent match on that grant to develop e -ticket in our city and they are going to waive that 15 percent based off the cost savings from the IT Department. De Weerd: Wow. Bird: Great. De Weerd: Congratulations. Bird: Yeah. Nary: Again, it's a very exciting opportunity. It really is. Again, stretching -- both stretching the value that we try to bring to our citizens by the staff that we have and, again, providing a greater efficiency for the police department and a greater opportunity for the city to really be the leader in these areas. Accela. It's not a word that everybody is comfortable with. You know, we have been talking about Accela for awhile. Rob Sosnowski is in the back and Rob's been a great leader in getting this rolled out to the department, but now it's.part of how we do our. business and it's --. it's. still in the evolution state, it's still an ongoing project, but we are slowly getting out to every department as it's intended. The electronic permitting is getting done, allowing citizens to have access, to have at least information out there on the internet that they can access and see where their projects are, allows for staff the ability to review and mark up documents directly in Accela. Those are additions that, again, we thought this product would be a great value to both the citizens and our employees and we are seeing that and with Rob's help in leading this project we are really seeing it now becoming part of the culture of how we do business. And, again, being a greater value and efficiency is always a plus. GIS. There is another project that's been ongoing for awhile. We have had GIS in the city, as all of you know, for awhile as a Public Works function and, then, we have slowly but surely been moving that into a citywide function and that implementation is still ongoing. Right now Matt is our GIS -- one of our GIS programmers. Matt's been working in our hundred percent addressing to make sure all of the addressing -- you know, it's one of those projects -- you know, addressing I think for the average for the average citizen seems like nothing; right? Because you know your address. It's not a big deal. Everybody kind of gets that. Our address in the city -- we are looking to make sure that we have one source that's accurate for all addresses, so that we when use GIS we are clearly identifying the parcels and the locations specifically on the map of where they belong. We have many streets that have the same names, but have streets, avenues, circles, courts, drives, that have numbers that sometimes the street name is spelled out, sometimes the street name has a direction on it, sometimes it doesn't. Sometimes it says said North 8th, sometimes it 8th. Sometimes it's say North Eighth spelled out, sometimes it says North 8th without it spelled out. So, we want to get that consistency across the board, so that we can have one system that can drive all of these different issues, but we feel the benefit that GIS Meridian City Council January 10, 2012 Page 12 of 48 can be, then, for police, fire, Public Works, all the various departments in being able to have one central source. So, the GIS system, again, if it's ongoing, we can help eliminate the duplications that exist, it could help correct names that are incorrect. We have had avenues and streets that have changed over the years that, again, haven't been updated in the system. There is misspellings. There is some -- some of them aren't the right places. The parcel numbers don't match. All of these things are part of our GIS project and, again, we are very excited to have this in place and it's an ongoing thing. it's certainly a huge undertaking by our staff, but it's going to be well worth it in the end. I mean I think it's going to be a great value and we can, then, move that GIS forward as we have been discussing for a number of years to be able to make sure that we get the value of what we wanted out of that and our citizens will gain that value as well when they have their contacts with us. De Weerd: Bill? Nary: Yes, Mayor. De Weerd: I think the Council knows Rob, but I don't know if they know Matt. Nary: Oh. This is Matt. Matt's our newest GIS person. Our newest GIS programmer. And.Matt's been with us for two months. De Weerd: Welcome, Matt. Nary: Thank you, Madam Mayor. Next, emergency communication. We have been updating our emergency communication plans with Ada county. Basically trying to work together to create at countywide plan that will be of value to our city, updating that plan for future communication needs, creating different platforms for that. Again, those are goals to find a hardware and software communication platform for the agencies to be able to work together, to be able to communicate together. This will allow them, again, more efficiency and lower cost, providing greater service to our community and, then, the service level agreement will, then, have a working agreement between the agencies to make sure we are meeting their needs, as well as they are meeting ours and having this communication dialogue between them. Now we are in the process of looking at equipment and testing and selecting equipment, so that, again, we have a much better cohesive communication between us and Ada county and emergency needs. That sort of plays right into the next issue, which is continuity planning. We have been working with them on updating the equipment and the sequel server for that e-mail and those types of things, as well as we are in the process, as all of you know, working our COOP plan, our Continuing Operations Plan through -- the Fire Department is sort of leading that task, but all the departments that are involved with emergency services and emergency communications are working together and this communication or connection with Ada county will be of great value when we -- as we develop our COOP plan together. City network. This is a connection by fiber to the city -- to Boise. We have implemented a fiber connection to Boise for sharing of data. This is -- this is what was put in when we did the instant tracking system in connecting that to Boise. The record Meridian City Council January 10, 2012 Page 13 of 48 manifest system is now being used by police, is also using this system. We have also created links through GPS to be able to use that as well in case the fiber for some reason wouldn't be accessible, so we have redundancy, which as you know in the IT business that's a critical component is making sure it can be done in more than one way. They have new a firewall in place because of that. Our phone system and police, of course, is now on the same system as City Hall, which is a great edition I think for the police department. Eventually we would like to be able to connect all the city that way as much as possible. But also there is upgrades to our remote sites as well and, then, that, of course, will, then, play into creating better connection between our SKADA system, our parks network system, which connects all of our different parks together, the lights, the restrooms, those types of things, as well as having a network plan. So, again, looking forward for the city in the IT arena, we have tried very hard to look at those long-term values that we need to have in being able to connect all the different entities are the different facilities of the city and being able to make sure they can communicate with one another, both internally and, then, of course, externally in expensive operations, emergency management, those types of things. De Weerd: Bill, before you have moved on. Do you want -- we have a lot of new faces in IT, so would you care to take a moment? Nary: Sure. Absolutely. I'm going to start here on the end. I will start with Mike Tanner. Mike is our a software engineering manager. I know most of you know Mike, have seen Mike before. Matt is next to him. Matt's our GIS person. He's been with us. There is Chad Neal. Chad now is our -- I forget the title now. System admin position. Again, part of our restructured organization -- or restructure. Crystal is -- Crystal Ritchie, is right there. And Crystal is our new help desk person. And Summer is right behind Chad. Summer is also -- she's our part-time software engineering person. There is Jamie and Jamie's title I forget as well. Computer specialist. Jamie Bean moved from our help desk into that roll this year. Nick Ferris is here. Nick is our GIS person -- or, excuse mere, Nick is software engineering person. Sorry. And, then, behind him is Rob Sosnowski. Rob has been heading up our Accela project. And, then, David Teed is in the very back row and David is in charge of management of the systems side of our network. Zaremba: Madam Mayor? Nary: So, thank you, Madam Mayor, for giving me time to do that De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It is nice to meet all of the new IT people that I haven't. I would just comment that sort of an honorary IT person, Robyn Jack in the Public Works Department has Meridian City Council January 10, 2012 Page 14 of 48 been very involved in GIS and I'm sure she's relieved to have people now who can help take some of the city load off of her. Nary: Yes. Absolutely. Robyn and Doug have both been instrumental in helping move the GIS program forward in the Public Works arena and they work certainly closely with IT and so it has been a great partnership and working relationship between the two. Zaremba: I would just call -- I'm not as familiar with Doug, but I certainly would call Robyn an honorary member of the IT group. Nary: I appreciate that. De Weerd: And I know our departments are thrilled to have Matt on board. Nary: Yes. De Weerd: GIS is a growing tool for all of our departments and so I'm sure they keep you more than busy. Nary: I haven't seen Matt away from his cubicle very much, except for a staff meeting and lunch, but that's about it. So, yeah, I think Matt's been pretty.business since he got here. So, let's move onto the legal side. We probably -- again, a lot of things that we do in the legal arena that you may or may not see on a daily basis, may not even see or realize that it's getting done, because our intent is to get it done so that you don't have to worry about it. You don't have to concern yourself with it. So, obviously, we have provided a lot of support to both your -- to the Council, as well as the various commissions in reviewing the different agenda -- management items, a lot of the things that over the years, especially for Councilman Bird who has been here a long time, we have evolved our agenda over time, so that when things are on that agenda you know they have been reviewed by the various departments that need to review it before you have to approve it. We have a system in place with the clerk's office, so that it all gets done and the sign -offs occur at the appropriate time. So, again, you don't have to be concerned about it, it is getting done. The different commissions we also provide support. We have legal support at all of our commissions, as well as our impact fee committee. They attend the meetings. They provide whatever trainings are necessary. Administrative support, provide all the contract review and document drafting, so any issues that come out of -- whether it's the Solid Waste Commission, whether it's the Traffic Safety, whether it's Historic Preservation Commission, we have legal support to provide whatever they need, whether it's contracts, whether it's an RFP for some type of professional services or whatever, we have legal support to provide all of that for those various commissions. You probably noticed last week we had a number of contracts on there for the Arts Commission. Emily Kane -- our legal staff I think you all know, because they have all been here since -- almost as long as I have. Emily Kane is back there. Ted Baird and Michelle Albertson -- again, all -- and Andrea Pogue is the only that wasn't able to be here today. But we provide legal support to all of those -- all of those contracts and everything that you see here generally are going to be prepared by Meridian City Council January 10, 2012 Page 15 of 48 us or have been reviewed by us and these are the various commissions that we have with the city. So, the next step we are looking at -- again, we try to do updated commissioner training as we evolve commissioners and have some transition of commissioners. We provide the trainings so they understand the roll of commissioners, as well as how the meetings are run, what the requirements under the state code are. We are working on a handbook for them, so that they have something to take away that they could have. We constantly are looking at updating antiquated city ordinances. We have ordinances that are out of date, either have -- have duties or responsibilities for various departments or various personnel that don't exist anymore or need to be updated and brought forward and so we are constantly looking at that. On the impact fee side, again, looking at the methodology, we had that done by a consultant a number of years ago. Want to make sure we are always keeping current, matching up with what the state law allows, as well as what we can do in regards to impact fees. Service to the Mayor's office. Again, we provide assistance for their -- for the outreach, whether it's with the broadcast or print media. We have provide advice regarding the websites, community calendar, Facebook posts. We do get a lot of calls. Obviously that's a new area of the law for everyone and so we are constantly sort of monitoring how other cases and other communities are dealing with this and how courts have addressed that type of communication from a governmental level. We do, of course, research as needed. We provide whatever advice or memorandums as necessary and, of course, we assist.the other departments in preparing for Council meetings. We have weekly Council meetings. You know, I think what most people don't realize is that we meet to death for every single meeting you have. So, we meet three times for one meeting of yours. And that's to make sure that, again, when it gets in front of you all the bugs have been worked out. Now, it's not flawless, because I know occasionally we have a few bugs here, too. But we try to make sure that we iron out as many of them as we can beforehand and with the department's help we have been able to create a very good communication system, so that we meet, you know, weekly -- usually once or twice in making sure whatever is necessary, whatever documents you need, whatever has to be get signed gets signed, whatever memorandum they are looking for gets prepared, gets sent, gets delivered. If there is something related to an executive session, if there is a document, we make sure it all gets done and we help coordinate with the department. It wouldn't work without the help and the support of the other departments and so we really are grateful to the cohesiveness and teamwork that we have in the city that, again, is not common, you know, that Meridian way really permeates a lot of what we do and it's not common in a lot of cities to have that level of cooperation and teamwork, not just internally in one department, but among the departments and that really is what you might think makes Meridian unique in compared to other communities. I did miss one thing on the service to the Mayor's office, too, was we are looking at a social media policy. We want to bring something back to you that, again, I don't think we are going to go get fully vetted with courts for awhile in social media, but we want to make sure we are at least hitting what courts have addressed in our concerns, so we are working together with other departments and the Mayor's office specifically to sort of craft that and that's still in process, but you should be seeing that sometime in the next few months. Service to the clerk's office. We have public records requests, which have boomed. They have absolutely boomed in the last couple years. I mean there was a Meridian City Council January 10, 2012 Page 16 of 46 change in the law last year, but I don't know if that spurred it or it's just as we have grown it's spurred it, I'm not sure the interest, but there is a lot of work and support. The clerk's office just does a tremendous job in meeting the needs of the public and the requests that come in in getting the information out to departments, getting information back and getting it turned around timely. The support we can help provide them is we are -- for lack of a better term, when you run it by your attorney in the public records arena, that's your get out of jail free card. So, then, you don't have to go to jail and as you have always heard me say, the attorneys never go to jail. So, that's your opportunity to make sure we have scrubbed it and met all the requirements of the statute and so we do provide very timely, very quick response, because the statute requires it. De Weerd: Thank you. We appreciate that. Holman: Madam Mayor? I'd like to add that we did almost 300 last year. We were two shy of 300. We were tempted to just send just bogus ones to Jacy Jones, because she really wanted to hit 300, so -- De Weerd: And were they more in depth? I guess I seem to recall someone mentioning that the amount of research time and the number of pages did increase, though. Holman: Madam Mayor, Members of the Council, yes, a lot of them -- I think a substantial amount of them have to do with a lot of old properties that have changed hands multiple times and there was questions and, I don't know, just research wanting information on a lot of old properties or different developments, which requires a decent amount of research and that's just one small slice of the pie. We get a lot of requests from people who want like building plans for their home, but the attention to detail that we pay to all of these requests in really researching through all the documents and along with legal looking everything over with a fine tooth comb and the departments all respond very quickly, we have a really good system going. But it requires multiple eyes on just one request. Nary: And, again, it's another testament to teamwork, you know, between both our office and the clerk's office and, again, I think as Jaycee Holman said, the other departments. I mean it's not your -- it's not your grandma's public records law anymore. It's not like you can just come up and get one piece of paper and open a drawer and copy it and hand it to somebody any longer. There is lots of records. And we do get people that don't understand -- when you say any and all, any and all might be any and all. I mean that's a lot. And so it may take time to either understand what they are really seeking, so that we make sure we are meeting what their needs are and that we can, then, sign the appropriate and right documents they are looking for. That takes some time. And, again, one of the things to do is in the past for a lot of folks it really was very, very simple. Well, it's not that simple anymore and we want to make sure he departments understand that, because there is liability that is -- potentially exists for not doing it properly and that's part of the education. And, again, I think our departments Meridian City Council January 10, 2012 Page 17 of 48 have been so cooperative that it really has worked pretty nicely in conjunction with the coordination the clerk's office does. But it has been a very positive experience, but it is a and it's a lot that we didn't necessarily anticipate was going to be how it is, but it has worked out fairly well. So, we are looking at, you know, some provision of the records, retention schedule. Actually, Emily is going to take about record retention is in a little bit. We have license application review, so, again, we use Accela for all the various licenses that come through. We have -- so, we are looking at overhauling that. We are looking at revising the policy. You will be seeing that both today and in the future. Finance department. Bankruptcy. This is one of these things, you know, up until about 2008 we didn't do a lot of bankruptcies. We didn't deal with a lot of bankruptcies. And since 2008 we deal with a lot of it and we had no system in place. Andrea Pogue really took that on and we assigned that to her back in 2008 and she's really helped with finance in trying to create a system to deal with all of these foreclosures and we have got these -- and more than anything I think what the issue becomes in the bankruptcy arena is there is a lot of set of rules that are wholly different than other courts and there is a lot of penalties that go with those. So, when you violate the bankruptcy rules they don't just scold you, they fine you. And so you have to be sure as an entity, as a creditor, that you're meeting whatever the bankruptcy requirements are and the rules are. And so Andrea helped with finance and utility billing in making sure we are meeting whatever those requirements are, monitoring those cases. We have currently a case out in Delaware, we.probably -- you might recall we talked about a few months ago. That's through DBSI's bankruptcy that comes out of Delaware. They have hundreds of people around the country. We are a small fish in that pond, but we still have to be a part of it. So, Andrea has been working with our outside counsel just monitoring that case and making sure the city's needs are getting met. If there is money to be had there, which at the end of the day most bankruptcies there is not, we are making sure we are at least following up on that and making sure nothing falls through the cracks. So, it has been a great exercise in creating some process that didn't exist and things that are really necessary to do and it's just been a good opportunity for Andrea to really grab something around and I think it's been a great asset to the city. And, again, we had 75 cases in 2011, 222 cases since August 2008. That's a huge number, like I said, compared to what we had previously. Board of adjustment. This was to the get the Mayor -- I mean this was the chain for awards and appraisers. I felt a little bad -- De Weerd: By the end. Nary: I will admit I felt a little bad. I did -- I did talk -- one of our very good public minded servants of our community, Tom Stower, I talked him into being on the board of adjustments by saying we never have these. These never happen. We haven't had one in a couple years, Tom, so we -- it would meet once, that will plenty. So, we have had five last year. We might have a couple more this year. We seem to have a few more than we thought. But I think one of the things that we have learned is it provides a great avenue for the public. At least they get a chance to get heard. Now, we haven't given a lot of relief to people, but when we have at least explained it -- and I think all of you understand that from your positions as well, when you can explain to people why, they may not always agree with you, but they don't have a whole lot of argument that Meridian City Council January 10, 2012 Page 18 of 48 you didn't give them an opportunity to be heard and if you can't do what they'd like to do, because an ordinance prohibits it, the statutes prohibit it, or just in the bigger picture of policy it really doesn't seem fair or reasonable to do that, most of the people tend to walk away and are understanding of it and they may not like it, but they at least appreciate the opportunity to get heard. So, I do feel bad for Tom, but he has been a great -- he's the chair, he is -- and those of you that know Tom he's a very straight forward, straight shooter, he will tell you what he thinks, he's been a great asset on that, because a lot of times folks don't necessarily want to hear from myself or Mr. Barry, because they think we are just staff, but to hear another citizen say I don't buy that or that doesn't make sense to me, makes sense to them and I think that's a good -- that's a good avenue for folks to have. So, it has been a good -- a good tool. One of the things that we are looking at with that is being able to maybe bring back some history this year to say we think either the board's role needs to be expanded or the board needs to be defined a little differently and we, hopefully, now with the number of cases we have some data to provide you a better information or feedback about how it works. Purchasing support and guidance as well. Again, we provide a lot of assistance as we can to purchasing. Obviously, it's a huge area of liability and concern when you don't do it right. We do provide that level of support to make sure we are meeting the statutory needs that are there, as well as making sure we are updating our contracts and our agreements, as well as whatever city codes are related to the budget, to finance, to the CFO.position.here. Police Department and code enforcement. Precious metal dealers task forces. That was no big deal, right? That was nothing. No -- nobody had an issue with that until we had one meeting and, then, we had a lot of people that had an issue with it. So, we did provide some support to the police department, trying to make sure we at least heard what everybody's concerns were and tried to match those concerns, as well as the law enforcement concerns to creating an ordinance and as you recall when we came back with that we didn't have a whole lot of input then. Now, they may have been tired, but I really think they at least felt they got heard and that was the point, that we at least heard what they were and took -- you know, there were some legitimate concerns that were raised that made their way into the ultimate final ordinance that came forward. There were concerns at how it would impact business and that it wasn't necessarily law enforcement meted in the way it was originally crafted and we crafted something else to meet those needs. So, again, I think we are a city that, you know, tries very hard to listen to the concerns of the community and try to address both the greater good of our community, as well as the individual concerns that are raised and precious metals and the support we try to provide the police department and code enforcement I think was just an example of that in this last year. Again, various ordinance updates, smoking in parks -- I read in the paper that Boise -- it sounded like they invited this. We have been doing this since last summer I think is when we put this on the books. Yet nobody seemed to notice, but we helped with the police department in crafting that and the parks director trying to figure out with your direction how to make that work for our community and putting that in place. Essentially, with open containers, we just passed that last week. Again, precious metals as I have talked about. Trying to -- again to address the needs as they come and provide that legal support to be able to make sure the ordinances are going to be supportable, are going to be constitutional, and are going to be upheld if we get Meridian City Council January 10, 2012 Page 19 of 48 challenged. And UDC and code enforcement, again, we have put a lot of time and effort into that, because, you know, we are impacting businesses or we are impacting residents in how they want to do their business, in trying to balance those needs between people that want to do whatever they want to do regardless of what the rules are or the standards that have created as a community in trying to get them to understand this is why we have these rules and this is why these standards exist, this is why we do this, because, again, we are trying to enforce it for the greater good. So, I think our -- our legal side is making sure, again, we are looking at compliance. The law got changed last year, for example, and we are talking about towing as one of them. The law got changed. We have to create some knew process to assist that and we have provided that level of assistance to the police department to do that. So, the open container update has been done. We are looking at some other updates in regards to animal control, nuisance, parking noise code. There is a lot of things -- again, water and addressing code. We have had issue with that. Plumbing code updates per Idaho Code changes. So, again, we are looking at a variety of different areas that we can provide some assistance to UDC and to the code enforcement, so we have a consistent ordinance across the board and also eliminate conflicts. We occasionally find conflicts between an existing code and maybe a UDC code in making sure we can either fix one, tweak the other, or get rid of one or the other or however it needs to do to make sure we don't have inconsistencies in our code. The Fire Department. Again, public records request, we get lots of requests for the Fire Department, lots. of fire calls, medical. calls responses from both insurance companies, people that were injured. We get a lot of those. So, we provide that support for public records requests. And, then, they have ten zillion old records and so they have been -- Emily and Andrea have been working closely with them, Judy and Hannah, to make sure we identify again what do we have, what do we need to keep, what do we not need to keep, and what's the format that we need to keep these in. You know, again, we -- w have a pretty good size building, but eventually we would stuff it full of paper if we didn't necessarily do this exercise to make sure we keep what we have and don't keep everything forever. Some of the things you will be seeing is a false alarm code for postal and looking at that. We have a lot of false alarms that we have gone to and want to make sure we are addressing that properly, so our citizens aren't the ones paying the cost of all these things. We are going to be reevaluating our fireworks, open burning type of ordinance that we have. We have a dispatch contract that we have updated. We have a medical records standard contract that we update. Those are things that are pretty routine for us, but, again, those are things that we try to do so that you don't have to be concerned with and, again, the business can get done without too much additional effort on everyone's part. Parks Department. Again, we have property acquisitions. We had a tax deed strip. You may recall earlier last year. We had a little strip of property that was adjacent to the Borup property that we bought through a tax deed process to again clear up any -- any misunderstandings of where the property boundaries are for that piece, so when we do development it. We did help with the maintenance shop and the purchase of that site. We review all the pathway easements. We review lease agreements. Contracts. Emily used -- we had some issues at the Gordon Harris Park with Nampa -Meridian. That got resolved. We have had leases with the Lion's Club rodeo. So, varieties of different things. We have leases that go with the farms, the farming that's going on at both the Meridian City Council January 10, 2012 Page 20 of 48 Lake Hazel parcel, as well as the Borup property. We had the different leases for the Kleiner Park senior center, as well as the Rock of Honor. So, those are the things that we just do on a daily routine basis, as well as now, again, looking at our partnership policy and working with the Parks Department in creating both a cleaner policy in regards to partnerships, as well as updating the park's code. I know this is Tom Barrian proportions, but I just wanted you to know how many we do. De Weerd: My mind must have said that out loud. Nary: you could have. I didn't bring a video. I didn't have a song and dance or anything. So, anyway, Public Works -- you know, again, we talked about easements a lot with them. We have Idaho -- we have updates to our various industrial codes. Inspectors contracts, we do those. Hook up. Street light reimbursement agreements. We have had those over the last year last -- in the last few. Help review and implement the back flow testing process that has been a successful process. We worked with Public Works on getting that put together. Again, legally putting the right documents together for them. Interagency agreements with ACHD and, of course, the warranty surety was probably our bigger project last year in working directly with Public Works and putting that together with purchasing Public Works, the various entities and legal putting that ordinance in place, as well as the policy and, then, of course, carrying that out in. this next year. .Planning Department. Again, we provide support for the. UDC. We serve on the streetscape, a community character committee, as well as CDBG support. Again -- and pre -meeting issue analysis, that's both with Council meetings, as well as Planning and Zoning meetings. We provide some support for those as well. Again, we will be working on the streetscape and sidewalks licensing agreement with ACHD. That's kind of already in process now. Citywide. Again, we have had the task with Access Idaho for Accela. We have the agreement with economic developments for the -- economic development for the mobile app and, then, of course, now we are looking for user agreements with the -- the ITS system with IT or, excuse me, the Police Department and, then, also interagency GIS records retention agreement with the other agencies as well. And, of course, other citywide issues. Again, we constantly have property issues, acquisitions, leases, production, so a lot of real general stuff that, again, most of you probably didn't realize what we were doing or that we did those types of things, providing that level of support. We are also looking at revising our contracts, because we have had different issues of little pieces of our contracts that we like or don't like and, then, we want to improve, so we have been working on that issue as well. Almost done. Human resources. We had 40 -- almost 4,900 applications for positions last year. We processed all of those through HR, but we also had great assistance from many of the departments. Some of the departments I think the winner was Mr. Barry's administrative assistant position, we had 948 applications. De Weerd: Wow. Bird: Are you serious? Meridian City Council January 10, 2012 Page 21 of 48 Nary: John McCormick was of great assistance, so I'm going to give credit to John, too. John was a great help in helping us process all those applications. In the back I don't -- oh, there -- Erin Lammers. Erin Mattamuro and Crystal Ritchie are in back row. Erin Lammers handles all of our benefits, concerns, and questions that we have. Erin Mattamuro assists a lot with the recruiting, as well as the interview process and, of course, Crystal is HR manager and helps with all these various aspects of HR and we had at least 372 hours of interviews that we participated in. We had about 65 days -- 64 and a half days of job postings to new employee start date. Some of those, of course, were extended by the volume that we had, so some of them did take a little bit longer, but the average was 64 -- about 65 days from date of job posting until they started. Next thing we are looking at is whether seasonal employment would be best done as we out sourced that through an agency. Other cities have been doing it. So, we are going to explore that this year and see if that's a viable option for us. Okay. What am I doing wrong? Okay. Now I'm stuck. De Weerd: The help desk. All right. Nary: Since you have it in front of you, I will explain -- I will go through them as we get to the next slide for everybody else. Next one we will talk about is the Youth Force Life Skills program. We are very proud of that from Human Resources this last year. We had 20 applications.. We had 16 people apply.. Fifteen ended participating, in the program. We had 1,521 hours -- almost 22 hours of work by high school students providing assistance to both five departments and several divisions within those departments. Again, we had -- at a cost of a little under 12,000 dollars we will provide a great assistance both for the community providing this opportunity for these high school kids, so that they had a real life experience in applying for a job. They went through the application interview process to come through here and many of them -- and I have come and talked to you about it before, we really found that a great opportunity that they never would have. They wouldn't get that at a fast food restaurant, they wouldn't get that necessarily in a lot of jobs that teenagers are applying for in our community and, again, they have a hard time sometimes finding opportunities for teenagers. So, it was a great program. We really were excited about it. Our next up for that is we would like to look at possibly making that a year around program. So, we are looking at costs, we are looking at the needs, and hopefully we will be able to bring that back to you within the next few months with either a budget amendment or a budget enhancement for next fiscal year to bring that forward. We think it was a great asset to our departments and I think our departments would support that. Next we will talk a little bit about Wellness Works. We talked about our wellness program before. We have had it in place for a number of years, but really over the last couple of years -- last couple of years we have really seen a growth in that. People have really been paying more attention to their personal health and we have provided opportunity for them that I think has been a great value. We had 132 employees enrolled in last fiscal year. We have a 156 employees enrolled this fiscal year. Last year we had 83 people participate in the health screening. That's the blood draw that we do. And both takes you -- besides the blood draw as well, it does your weight -- a weight management as part of it. This year we had 174 people participate in that. So, we have seen a great increase in that of people wanting to Meridian City Council January 10, 2012 Page 22 of 48 change their life and change their culture and it changed the culture of our work force and we think that's been a great asset and a great tool for our employees to participate in. We are very proud of that. We can with the data that we have, we found our employees in general are doing pretty well, but there are areas of concern. We were very low on hypertension, which for a national average the hypertension in -- the national average is 32 percent of the people in this country have hypertension to some degree. We had nine percent of our employees at that. So, our folks don't experience that particular type of health concern. But we have others that -- and this is one that's kind of hard -- it's kind of hard to make people understand. The numbers that they use to determine what's overweight or obese in the general population is very inflated from what the average person might think is obese or overweight. So, it is a little bit -- a little bit misleading. Thank you. A little bit misleading I think for some. You say that 70 percent of our employees are in that range. There is many employees that I honestly would tell you if you saw them you would have a hard time believing they were overweight or obese. But there are people at least that now are aware that they are at least in a risk area and that they need to address that in some fashion. Now, whether it's just simply eating better and exercising more or whether it's something more significant, we have the opportunity and tools to provide that for them, so that they can, whether it's through education or whether it's through fitness classes, whether it's through just their own personal workout, there is ways for them to address those that didn't exist before. The one that's probably more concerning is that we have a.little bit higher elevated blood pressure. So, not necessarily to the area of hypertension, but at least an area that now, again, they have brought it to their attention and they can address it. Again, that's a great opportunity -- a great thing for the employees, but also it provides us the ability to manage our medical costs to some degree and our medical benefits, because, again, if we make people more aware and educate them better, they are going to use better tools to address their health concerns. That's really important. Five percent of our employees indicated they were smokers. That's one of our main initiatives this year is to get smoking cessation going in the departments that really need it, so that we can really get rid of smoking as much as we can. Bird: So we can go to zero percent. Nary: Zero percent would be perfect to me. I would agree. Bird: And they'd all feel better. Nary: These were our benefits for this last year. This is a slide you have seen. This is just one that we did at our -- our budget. What I wanted to tell you that -- what we are next looking at is revising our health plan, looking at a partial self -funding option, what that would do is help -- or help slow down our increases, help manage our costs as we move into the national healthcare initiative in 2014. We are going to have to manage our healthcare differently than we did before and we think as a city we need to be in front of that, so we want to make sure that we are addressing those needs now or at least evaluating those needs now. Last piece. Risk management. We have a training program that's currently ongoing with -- that's sponsored by ICRMP. All the Meridian City Council January 10, 2012 Page 23 of 48 departments have been informed of it. All of them have even started on it. It's an online university that ICRMP sponsored. The employees will be taking classes online in regards to defensive driving, as well as harassment in the workplace. The supervisor will have an additional class in relation to supervisors in dealing with harassment in the workplace. This will provide a couple things. One, ICRMP will give us a discount on our premium if we have -- we want a hundred percent employee participation to get that discount. But also it provides a training tool and a training opportunity at no cost to us in an area of compliance that we need to have. So, it's a great value to us and we think it's a great value to employees. Employees -- I haven't had a lot of push back or negative response and employers are able to print their certificates to show they have completed the class and if you walk around City Hall you may notice a few of those certificates sitting on people's cubicles or on their -- or on their walls. We had 30 tort claims filed. What we did is we tried to narrow down your tort claims just so you were aware of -- I mean tort -- we have lots of different types of claims, but these are the tort claims that were filled against the city. So, not things where we ran into somebody's mailbox or something where we ran a car into a curb or where we thought we may have caused something and nobody actually filed a claim, but these are actual claims filed against us. The tort claim number has gone up slightly. I don't have a trend analysis as to why that is. Most of them are fairly small types of claims. We, obviously, have a few large ones, but most of them are fairly small types of claims. A worker comp one, though, is probably.more encouraging. It's gone down. And not only gone down in number, but gone down in cost, and that's -- that's something that the directors have gotten -- made a part of our meetings quarterly. We discussed it. So, that the departments understand where are those cost coming from. What exactly can we do to help curb some of those costs for the city, because, again, we are the one paying it, so we want to make sure that we are -- if we have got training issues we need to address, then, we can. If there is safety issues we need, we can address that and the departments have taken it on themselves to address the safety concerns both at the treatment plant and fire and wastewater and water and police, they have been addressing those safety issues and that's a lot of where the workers comp issues have come from us is just safety issues where people are not thinking of it, not being aware of it, not being educated on it and they have taken it on themselves to be able to do that and lower our costs. So, our next up for that is to create better tracking system. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, on the workmen's comp, what kind of injuries are we getting? Knee? Back? What seems to be the majority? Nary: I would have to probably -- I would say probably back is most common, but it really depends. It's really more the type of -- of circumstances we are involved in. The simplest way I can define it is, for example, in the fire department a number of the injuries we have are out in the field and they are types of injuries that probably are not going to be avoided very often, because you're lifting a patient out of a car that's in a Meridian City Council January 10, 2012 Page 24 of 48 canal. Well, you can only do it so many ways, so you're going to end up with a situation where you may end up having a minor injury. Because of their general physical health, it's an injury that's recoverable within a reasonable period of time. Police, on the other hand, don't have a lot of in -the -field injuries, but they have a lot in the training area. So, they have a lot of training that they do and sometimes they will get some -- again minor stuff. So, those are things that as they become more aware of where their -- their trend is, they can address that by the departments. But we haven't had -- I haven't had anything I can say, Councilman Bird, that is more -- very specific or targets, like we are not doing certain things properly, we are not training properly, we are lifting improperly, those kind of things. We have been -- like I said, we have lowered both our number and our costs significantly over the last three years. Bird: And 31 claims in -- with our number of employees is unreal Nary: Yeah. Bird: It's a very good -- very, very good. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: On that same subject, as we get more and more people who are either becoming desk workers or a bigger portion of their work involves sitting at a computer, are we emphasizing purchase of ergonomic type equipment, keyboards, chairs -- I mean -- seats, that kind of stuff when -- when equipment is needed? Nary: We do. And we can work with the State Insurance Fund, Councilmember Zaremba, to address those types of ergonomic needs. We haven't had that really as an emphasis and I think -- I think we are probably going to have -- for that exact reason that you have raised. We are probably going to have to look at that more in the future in how we are purchase equipment, purchase furniture, and those type of things to deal with those type of ergonomic issues. We haven't had it become an issue to date. We haven't had lots of carpal tunnels and those kind of things, but warning signs that you need to be more aware of that, but I think you're right, as our work force evolves that's probably going to be an area that we are going to have to look at, otherwise, that 31 number is going to start creeping up the other way. Zaremba: Thank you. Nary: So, that's our last slide. That's what we do. Like I said, I know it seems a little long, but I wanted you to know the variety of things that you probably, again, you know somebody is doing it, I'm sure most of you didn't -- weren't thinking nobody did that. I don't know that you know who was doing it. I want you to know that our department tries to play a roll in all those various areas, so that, again, you don't have to. You don't have to worry about it, you don't have to ask did somebody look at this, did someone Meridian City Council January 10, 2012 Page 25 of 48 review it. You know there is a process in place, there is a system in place, there is checks and balances that exist in our city to make sure that those issues get addressed and get dealt with before you even have to concern yourself with it, so that you can deal with the policy issues, so you can deal with the costs of those different things and you don't have to deal with the routine issues of process and those kinds of stuff. So, I just wanted you to -- I know it was a fairly lengthy presentation, but I wanted you to see the variety of things that, again, you may not have known that we were doing. So, again, I appreciate the opportunity to present this to you. I will certainly stand here for any questions. Again, I appreciate all that you folks to do to support our department. Again, I'm always amazed daily at the talent of the people that we have and I'm privileged to be the leader of that group and happy to be here. De Weerd: Thank you, Bill. Council, any follow-up questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just comment as you pointed out, much of this -- much of what your departments and your people do is in support of other people in their efforts, including the Mayor.and the.City. Council, and I would just like to respond back that the caliber of people that you have and the caliber of work that they turn out allows us to trust them very strongly. When we get advice from you and your people, we know that it's been very thoroughly thought out, that everything that could be thought of has been thought of and I know I, for one, appreciate the support that we get from you and all of your three different staffs. Nary: Thank you, Councilman Zaremba. De Weerd: Anything further? Nary: Okay. Thank you. C. Legal Department: Proposed Franchise Renewal with Cable One De Weerd: Well, thank you, Bill, and your staff. We greatly appreciate all your efforts on behalf of the city. Okay. Our next item is also the Legal Department and it's regarding our franchise fee. Nary: Madam Mayor, Members of the Council -- De Weerd: I was hoping it was Ted. Nary: Well, it can be Ted. Meridian City Council January 10, 2012 Page 26 of 48 De Weerd: No. Sorry, Bill. I'm kidding. Nary: The cable franchise agreement with Cable One -- and we have -- is it's Sal Brunella? Sal Brunella is here, he's the Cable One general manager. He has been working with Ted directly on renewing our franchise agreement. We are ready to bring it forward. Basically, the -- and Sal at Cable One has been great to work with over the last few months in trying to that iron out whatever details and concerns that we have had and so basically what we would like to bring back in front of you is a 15 year franchise agreement. It would be retroactive July. That's when the last one expired. So, everything stays status quote since July of 2011 as we have negotiated the terms for this agreement going forward. The franchise fee would be the same, so that hasn't changed, going forward for the next 15 years. But there is an opportunity for a reopener to have that discussion. I think it's five years? Is that right, Ted? Yeah. And, then, also for pay channels. That's another thing that's of real concern, of real value that we think at some point in the future we will be for the city is to have the public access educational governmental channel for people to have and -- but it takes some start up and it takes some time to put that into place. So, Cable One was able to work that into this agreement to provide a reopener to address those. I have a spreadsheet for you. I should have passed that out first. And, then, of course, we would continue with the -- continue with the services that they have been providing to us and to the community since they have been in place, so -- and Sal is. here to answer any questions for Cable One if you have any question and if -- if the Council is comfortable we can bring this back in a few weeks, as we need to bring back an agreement in ordinance form for your approval. Bird: Madam Mayor? Nary: If you would like some time to think about you certainly have that opportunity as well. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: Bill, I really don't need any time to think about it. I'm very agreeable. I got one question. Seeing how it is not a fund balance contract, we can legitimate -- legally as a Council enter into a 15 year contract right? Nary: Yes. Bird: Because it has nothing to do with fund balance. Right? We can? We are not obligating the next Council. Nary: Correct. Meridian City Council January 10, 2012 Page 27 of 48 Bird: Okay. That's all. That was my only question. I think it's great. I think they have been very, very good franchise partners. De Weerd: Council, any other -- any questions or comments? Sal, would you like to make any comment? You will have to make it up here. Brunella: Okay. De Weerd: If you will, please, state your name. Brunella: Sal Brunella. I'm the general manager of Cable One. And, Madam Mayor and Council Members, it's been a pleasure to work with your attorneys and staff. It's been very easy to talk to them and to hear their ideas and to work towards giving you what we would like to give you, which is the best service possible. De Weerd: Thank you. And I know we have our parks director sitting in the audience and we have Cable One Movie Night and I will tell you that has been such a popular program in our city, it's been such a positive partnership and that has been appreciated, the varying relationships that we have had with you and your organization. It's been great. Brunella: Thank you. De Weerd: Any other comments from Council? Any questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Does this need to come back to us or is it a form that we can approve tonight? Today? You said you were going to bring it back in a couple of weeks with something final. Nary: Madam Mayor, Members of the Council, Council Member Zaremba, it has to be passed in an ordinance. Zaremba: Okay. Nary: So, we will have to bring it back. Zaremba: All right. Bird: Madam Mayor? De Weerd: Mr. Bird? Meridian City Council January 10, 2012 Page 28 of 48 Bird: If we will no more discussion I would move that we approve the franchise renewal with cable one and for the attorney to draw up an ordinance and bring it back within the next few weeks. Zaremba: Second De Weerd: Okay. Mr. Nary, what kind of time frame are we looking at? Nary: Two weeks? Brunella: It can happen as soon as you want it or as long as you want it. I mean we can do it -- two weeks is fine if that's what's good for you. De Weerd: Okay. Two weeks it is. Holman: Madam Mayor? De Weerd: Yes. Holman: And, Mr. Nary, I have an agreement here. Is this an agreement that's ready to be signed and we could have him sign it while he's here? Would that be easier? Brunella: I'm not the person who signs it. Holman: Okay. Thank you. Brunella: Sure. De Weerd: Okay. So, we will put this out in two weeks. Nary: Yes. De Weerd: Okay. Sal, we appreciate you joining us today. Brunella: Thank you very much. De Weerd: And so glad that you had the opportunity to listen to Mr. Nary's presentation. We do have a motion on the floor. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council January 10, 2012 Page 29 of 48 D. Planning Department: Transportation Update on Projects, Priorities and Studies - Includes Discussions on Planned Improvements to the Eagle Road/Fairview Intersection, Intersection Improvements Along the U.S. 20/26 Corridor, and Other Transportation -Related News De Weerd: This will be on your agenda, then, hopeful in two weeks. Okay. Item 7-D is our Planning Department and I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. It's that time of the month again to talk to you all things transportation. This time I have brought Tim Curns, he's got a couple of items at the end of my presentation that he's going to you discuss with you all. Before I get into some of the things that were in the Council's packet for this meeting, I did want to introduce, I guess is the right term, Justin Lucas from the Ada County Highway District, drew the short straw and he will be our liaison for this year, so instead of Gary Inselman and Christy Little, who were kind of trading off being our liaisons, Justin will be here regularly for Council meeting. So, just wanted to introduce him in that capacity, so -- moving on then. I trust you all have had a chance to look at and, hopefully, review the memo that I prepared for today's meeting. I do, as is standard practice now, just highlight some of things in there, I'm not going to read the memo to you, but I do want to fill in some of the gaps that maybe were there, beginning with some projects that are slated for construction this calendar year. The first one is Ten Mile and Ustick intersection, Bill Nary and myself met with the project manager Al Bush and legal staff, Steve Price, last week, received the -- a draft of a cost share permit that they are going to be asking us to sign. We are currently reviewing that. We do plan on having that on next week's agenda for Council consideration and potential signing. So, again, that is a '12 construction project and they had asked us to review and sign that by the first part of February anyways. So, that's a quick update there. Pine -Linder intersection, the bid opening for that project was this past week. The apparent low bidder was Nampa Paving at 1.57 million, which is less than the engineer's estimates for that project. That low bid they do expect to have on next week's commission agenda for approval and, then, notice to proceed probably sometime in February for that -- for that intersection project. Along those same lines, Ustick, Duane to Campton, that -- that bid opening was the day before the one I just mentioned. The apparent low bidder for that is Central Paving and that came in about 300,000 dollars less than the engineer's estimate on that project, so 3.6 was the apparent low bid amount and like the other one, that one should be on next week's commission agenda for approval and issuance of notice to proceed. Next just working down the memo on page two. Last month we sent -- Council President at the time Zaremba signed a letter to ACHD regarding Draft A of the five year work plan. Draft B has since been released. I haven't had a chance to review that. Do have some analysis, not whole bunch of comments, maybe one question for you here. But just kind of working through that schedule. The city does have until February 1st to submit any comments should we choose on Draft B and I will run through some of the chances here in just a minute. The adoption hearing right now is scheduled for February 22nd. So, we got -- we do have a few weeks anyways. There were some pretty substantial Meridian City Council January 10, 2012 Page 30 of 48 changes between Draft A and Draft B. Most of them I think are pretty positive. The two -- our two main requests in the letter in that I referenced before regarding Draft A were considered and changed. Fairview access management had moved up a little bit anyways. It was in '13, '14 or'14, '15, and is now in '16, which is a slight deviation from what Draft A had, although still a delay from what's currently on the books and, then, the other request that we have is at Franklin, Ten Mile to Linder, a done as soon as possible. You may recall that project was a 2012 project, but did slip a little. It was listed as a contingency project and did slip. They had it penciled in in the '14. Well, they were able to sneak it back into '13, but it is, again, listed as a contingency project for this -- this upcoming -- the next budget year or next fiscal year, but that is encouraging at least that it is -- it is coming back to -- closer to a nearer construction year. Ten Mile, Cherry to Ustick project, is -- no change there. It is slipping one year from what was currently adopted, but there is no change from Draft A and what we talked about last month when I was here. The Ustick, Locust Grove to Leslie project, has kind of been all over the place and where it landed in Draft B is actually three years of ahead of what was in Draft A. So, it was in 2017, they are moving it all the way up to 2014. A lot of that has to do with, one, some cost savings that they think they are going to realize in 2014 from some pretty big projects. I just mentioned to you some projects that are still coming in under engineer's estimate, so they think that, hopefully, will continue into 2014 and some other cost savings with some design and stuff that -- some design work. The. other thing why. 2014 works for that. Ustick, Locust Grove to .Leslie project is the McMillan -Eagle intersection is going to be constructed in '15, so you don't want to have Ustick under construction at the same time you have McMillan under construction. So, you have to synchronize those, so you're not sending people on a detour that also has a detour. So, that is part of the reason for -- for being advanced into 2014. So, the -- the one project that slipped is Ustick and Meridian and I -- slipped probably isn't the right word to use there, but some of the federal funding is programmed out in another year, excuse me, so it is now -- the Ustick and Meridian intersection is out in the PD, just because that's where the federal funds are and that's a federal aid project, so -- but that is a change from Draft A. So, I think I have highlighted the main changes from Draft A to Draft B that I was hoping to go call out for you. I guess my question, then, is do you think it appropriate to draft another -- another letter to them on Draft B -- them being the ACHD commission -- on Draft B and, if so, some direction on what the -- what that letter would say or tone of that letter would be appreciated. So, I guess I will pause if you have any thoughts on that at this point. And if you don't have enough information and want to talk about this again, again, we have until February 1 to actually send that letter to them, but some direction on what your thoughts are moving forward would be appreciated. De Weerd: Thank you. Council, any thoughts on that? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council January 10, 2012 Page 31 of 48 Zaremba: I would say first how much I constantly appreciate that you absorb all of this information and bring it to us in a format that we can understand it. It sounds to me like Draft B is closer to what Meridian needs than Draft A was and I -- if we had a letter to them I would include that thought, that we appreciate them considering the city's input and making some adjustments. I guess the only thing that stands out to me is the Franklin, Ten Mile to Linder, is that one of the ones that you mentioned? Hood: Correct. Zaremba: But I'm not sure I would make an issue out of that. So, I don't know whether we need to write a letter to them or not. Anybody else have an opinion? De Weerd: Council, any other thoughts? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Councilman Zaremba, that I like B better and I don't see any reason to have a fight over that Franklin. That deal. I'm sure as soon as -- and if the economy turns around they, get. more money in, .more stuff going, that they will -- they will move up. They have always worked very good with us and -- so, if -- if the Mayor feels we need a letter sent in I have no problem with it, but I like -- I like B better. I think they -- I think they have already looked at it and tried to help us to the best they could. That would be my only comment. Zaremba: I -- just to say again, I have no problem sending a letter that says nothing more than thank you. I think the relationship between ourselves and ACHD and -- including the staffs, is very productive and I wouldn't mind if we sent a letter that said something like that. Short and sweet. Hood: Okay. Okay. Thank you. The other thing before I pass the baton to Tim would just be another project that I have spoken to you previously about and that is the single lane roundabout at Eagle and Amity, which came out of nowhere, cost about 1.3 million dollars this fiscal year and it's being designed in-house by ACHD staff and is at 95 percent. Staff has, you know, questioned the -- the need -- the importance of this project. It's pretty clear to me at this point that it is a -- pet project may be a little strong, but it is something that they are pretty intent on doing their first -- designing and building their first roundabout, putting their stamp on roundabouts if you will. So, I just wanted to again call that out. It's moving forward. I have kind of asked, you know, staff how come, but that's basically as far as I have taken it. So, I just wanted to -- to just let you know that's kind of where it's at and -- and where it stands today and see if there is something else that I should be doing. But that's -- that's where it's at at this point. So, I don't know if there is any comments on that or not, but I just wanted to, again, let you know that that's coming and that project will also be in '12. So, I mentioned three others previously that are in '12 and that one is moving forward in '12, too. Meridian City Council January 10, 2012 Page 32 of 48 De Weerd: I guess, Caleb, I will just make mention of the Amity roundabout. It is kind of a pilot project to demonstrate how roundabouts work. We are going to be the community that hosts the first roundabout of significant size. I know we have one out on Pine that doesn't have all legs connected to it yet, so you don't see the true value, but the -- I think the staff and the commission have been interested in getting a project underway and this seemed the most appropriate location that qualified and so they realize it wasn't driven from our community, they didn't want it to impact our priority list, but they did want to move forward on it. I will also at least note there is grave concerns about the lighting near Linder and Pine. There was a student that was hit there recently. It wasn't necessary because of lighting. I think the lighting -- the time of day was such that that wasn't a consideration in this accident, but it has been noted on a number of occasions the safety concerns from parents, students, and businesses in that area. So, if that can be located into. There is a couple of streets that are not aligned straight, there is kind of a jog, and, again, there has been an expression of concern because of the lighting along that corridor and the amount of students that are on foot in that area. Hood: Yeah. And, Madam Mayor, I will look into that. I think probably the appropriate -- and I can't remember if it was one Mr. Nary's slide or not, but the Traffic Safety Commission, but I'm contact John Lawson at ACHD, ask him to look into that. I understand that accident that you referred to was actually on the Pine leg of -- on that across from the high school. Bird: It was. Hood: I have also talked to folks that are on the Linder side. There is a subdivision that's in a similar boat where they were in between Pine and it's out of direction to go up to Cherry to cross, you know, there is crosswalks in that whole area. So, I would have -- De Weerd: And that's the section I was talking about Hood: Yeah. And I have had requests there to also look at a crossing east -west of Linder, but this accident was a Pine, north -south. So, I will have them look at -- you know, ask them, anyways, to look at that, see if there is an opportunity to be -- you know, offsets to put something in there, lighting, those types of things and I think we will probably ask the Traffic Safety Commission to follow that thought through and see what a recommendation would be on any improvements, so -- De Weerd: Okay. Thank you. Hood: And, then, Tim. So, thank you. Curns: Madam Mayor, Members of the Council -- Meridian City Council January 10, 2012 Page 33 of 48 De Weerd: Tim. Curns: Hello. Madam Mayor, on that topic as well, we do have funds programmed for this fiscal year to kind of tag onto the tail end of ACHD's intersection widening project and that will install lighting on Linder between Cherry and Pine and, hopefully, if funds are available, go as far south as we can from there. So, that's -- that section we have on the radar and, then, as Caleb mentioned, we will -- at the Traffic Safety Commission we will look up Pine as well. De Weerd: Thank you. And it was primarily on the Linder leg of -- near that intersection. Curns: Okay. De Weerd: You got it covered. Curns: The topic that I wanted to talk -- well, I have got a couple topics here for you this evening. The first one being the intersection of Fairview Avenue and Eagle Road. I have been working the past couple months with the design engineers who are working on the Meridian Town Center development there at the northeast corner of the intersection. Been .mainly working with them on how to integrate lighting into their roadway design, since they are doing a substantial amount of roadway improvements in this area. In the process of working with them on this project there is some off site improvements that are adjacent improvements, really, mainly the widening and improvement of the Fairview -Eagle intersection to include new through lanes and to remove the free right turn lanes on all four corners, which I'm sure makes PD very happy, because I know we have a lot of accidents there. In reviewing the design for this area I happened to notice that the south leg of the Eagle intersection there, which is on the left side of your page, is the only one of the four corners that after that free right turn gets removed does not have a dedicated right turn that requires you to come to a complete stop first. Included in the design if you will notice the other three corners have right turn lanes included. I have inquired to ITD staff who are working on this project as to why that wasn't included in the project and it sounds like at this point the reason is the available right of way that's out there right now doesn't allow for a dedicated right turn lane as the other legs of the intersection have. However, they are not really in a position right now where they want to have to condemn to gain that property for the right turn lane, which is a landscape buffer and drainage facility, if you're familiar with that corner of the intersection. So, at this point their feedback was it's not going to probably happen with this project and as this last design iteration came through, which is what I have for you right here, it's apparent that that is, in fact, not going to be included in the design. So, this was a little bit concerning given that this is one of the highest accident rate intersections, very high volume, high speed and -- so, I have also consulted with Meridian police department on this and the officers that spend a lot of time out there on Eagle road attending to the traffic issues and this is -- this lack of turn lane is also very concerning for them from a safety standpoint and from -- from where I sit, too, to kind of render that new third northbound lane pretty ineffective when you consider that the Meridian City Council January 10, 2012 Page 34 of 48 amount of people that turn off of Eagle Road onto Fairview that would be using that in the peak hours is about 300 vehicles, which is the same amount of vehicles that's filling up those two left turn bays to go the other direction on Fairview. So, a significant amount of traffic and so at this point I wanted to bring that to your attention and at this point I don't really have much further. I can go with the staff level at ITD with addressing this issue. I'm going to pause here and see if the Council has anything they can advise me on in this. De Weerd: Council, any comments? Hoaglun: Madam Mayor. Tim, just to be certain, then, they don't have the funds or just don't want to go through the -- to acquire that right of way, to move that retention pond back -- is that -- is that where their concern is? De Weerd: If I might, I have -- when we first started talking about this area and when Center Cal first initiated discussions with the city and their proposal in using STAR to build the improvements needed on Eagle Road from 1-84 to the north part of their property, we did an evaluation on the road width and they tried to keep it within the footprint for some reason and that was -- that was an ITD directive. I think Center Cal would have done what they needed to do, because the safety of that road certainly affects the viability of their project, but ITD was only. interested primarily in the right of way that they currently had marked out. DBSI, who has the Meridian Crossing project, has not been an eager participant in this whole project and ITD is under the realization if this right-hand turn lane were to be part of this road improvement they would have to go through the condemnation process and I don't think there is much of an appetite at the state level for doing that. So, I will -- I will give the nonpolitical answer or the political answer. I'm not sure what that qualifies, but probably something that Tim wasn't going to go into. Curns: Madam Mayor, that's -- your synopsis is pretty much my understanding of the situation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Am I interpreting correctly that northbound Eagle only has two lanes? Curns: Councilman Zaremba, that's the right side of -- Zaremba: Two through lanes I mean. Curns: Yeah. The right side of your screen where it actually says Eagle Road, that that is the southbound Eagle direction, which has two through lanes. I'm sorry, the -- Zaremba: North is to my right? Meridian City Council January 10, 2012 Page 35 of 48 Curns: North is to your right. Zaremba: Oh. Okay. All right. So, back to that same question, then. So, southbound on Eagle Road they only have two lanes. Curns: Correct. Zaremba: Through lanes Curns: Correct. The explanation I have at this time from the ITD staff is that the improvements that are coming through the agreement that was with STARS -- based on the STARS legislation to make improvements to Eagle Road, the first phase of this project does what you see here and, then, there is to be another phase down the road as the funds come in through the STARS -- with the STARS legislation that allows to phase more improvements, mainly a third southbound lane on Eagle Road. Hoaglun: Madam Mayor? Zaremba: Okay. De Weerd: Mr. Hoaglun. Hoaglun: I was just -- you know, as we move left to right, going from south to north on Eagle Road, I see the two left turn lanes and, then, the three -- three lanes that are going through taking out the right turn lane and I guess I just want to understand the safety considerations, if Lieutenant could kind of fill us in, if you have got some ideas, what -- what does that do to traffic flow without having a turn lane that used to be there, no longer there, what are the implications with that? Leslie: Madam Mayor, Council, Tim's correct in the sense that the free flowing right turns that came off of that road before are probably the primarily location for our crashes. When a vehicle stops the vehicle behind them is looking to see if traffic is free and runs into the vehicle that's already stopped, because traffic is in its way. So, that is probably a high percentage of our crashes are because of the free flowing. The down side to it is the free flowing sometimes reduces congestion. So, it's kind of a trade off there. Most of those crashes are on those corners in this intersection are in that free flowing corner. What Tim's talking about on this northbound side is there is three lanes over here that are -- if I understand that correctly, Tim, there is three lanes that are traveling northbound on Eagle, so if you're on Eagle crossing Fairview there is three lanes going northbound. Unlike the other intersections where the far right lane is a dedicated right only lane, this lane you can either make a right-hand turn or go straight. Let me give you the traffic numbers on the right-hand side lane that are similar to the two turn lanes going westbound on -- on Fairview from Eagle. My guess is -- I haven't seen the numbers completely, but my guess is that's because those turn lanes are shorter, there is less car storage space, whereas this far -- this far right-hand has the Meridian City Council January 10, 2012 Page 36 of 48 entire road of Eagle to back up traffic on. It will probably create a little bit more congestion, because 300 cars during those peak times is pretty heavy, but it's all straight lines stopping, not as dangerous as a car being stopped in the corner and the guy's looking back to try to make sure if it's free to go. Does that make sense? Hoaglun: Yes. De Weerd: Yes, because we have been behind those cars that don't know how to merge. Bird: Yeah. De Weerd: It's a zipper Leslie: I think the other thing, too, that will help --that' will help a little bit is typically the light timing has a greater flowing going north -south than it will on a turn lane only lane. I would hope that would flow pretty -- it's going to create a little bit of congestion. It would be better ideally -- it would be a right-hand turn lane like all the rest of them. That's how we really prefer it to be, but the intersection also appears to be more -- more accessible to pedestrian traffic. With the Center Cal project we are probably going to see a little bit more people crossing.the street there than we.have in the past and by taking that free flow right turn out it eliminates what you have in the north where you have to cross one street and, then, sit in an island and, then, cross another street. So, that -- that's a trade off as well, especially with bikes and pedestrians, so -- De Weerd: So, it's kind of a trade. Curns: So, as PD as noted, those free rights are really not -- were causing a lot of problems and so it's just this one intersection that -- or this one corner, excuse me, the southeast corner where instead of having a spot where people can get out of the free flowing 50 -- well, signed 50 mile an hour traffic to make a right turn, now they are sharing that with-- right turns are sharing it with the through traffic, so statistically that increases your chance of a rear -end collision, which was kind of the reason why we were getting away from those free right turns. So, the concern there is two fold. Is rear end collisions at a fairly high speed and also the fact that there was right turns there really hampering the ability of people to move through the intersection who are going through on Eagle Road, which was kind of, in the first place, the point of having that new third lane was to get people through the intersection. Hoaglun: Yeah. Madam Mayor. What I -- in my mind what I visualize, then, if they leave it as -- as it is, as they flow from left to right on our screen heading north and leave it as it is, if they want to go to Center Cal, some people will be turning right on Fairview heading east, others will go straight, some folks after a while will figure this out, they will choose the middle lane for those cars, because there will be a lot of cars turning right, rush hour, but, then, if cars are going straight, you're in the middle lane trying to get over so, then, you can turn right into Center Cal, so on that north side of Meridian City Council January 10, 2012 Page 37 of 48 Fairview now you got people trying to jockey back around to -- whereas if you had that right turn lane you could be in that center lane, move through, slide to do right without other cars potentially coming forward from that right lane. So it's -- it's always interesting out there, so four corners of the intersection, we have three rights and one wrong; is that right? Curns: That's one way to put it. Leslie: Tim, how far is the first entrance into Center Cal on the east side of the road? Curns: Going northbound on a Eagle Road? Leslie: Yeah. Curns: That's about a -- excuse me. It's about an eighth of a mile to a right-in -- first right-in, right-out. So, it's not far after. Bird: Eighth of a mile. Curns: Eighth of a mile. Bird: Uh-huh. Hoaglun: Well, I think staff has recommended -- our option was to write a letter to ITD saying take another look at that. I don't have a problem with that. It may not do any good. It sounds like they are set and the property owner on that corner doesn't want to play, probably won't go anywhere, but -- De Weerd: All right. I guess we could see if DBSI and -- and the Center Cal would sit down with -- with us and talk about our concerns and see if we could get some you collaboration in moving that forward. Hoaglun: That's a possibility. I wouldn't mind giving it a try. De Weerd: Okay. Hoaglun: Nothing ventured, nothing gained. De Weerd: Okay. Certainly my office can work to coordinate such a meeting. Curns: Thank you. Bird: I think sooner the better, because -- before it gets laid out. I see problems north of it, too, where your -- where you've got the eighth mile up there, you have got that right in and right out and you're trying to merge traffic together from -- from Fairview and that Meridian City Council January 10, 2012 Page 38 of 48 coming in, I see some problems there. I think -- I think somebody needs to really sit down and take if a hard -- another hard look at this intersection. De Weerd: I guess, Tim, if you would be willing to talk to ITD staff and say that the city is going to try and arranged such a meeting and if they would like to be there at the time, if they think that that is not appropriate, that they would like to just hear what the results of such a meeting is and, then, get involved, if that's favorable. I don't know. But at least let staff know that we would like to work towards bringing the parties to the table, because this is a concern. Curns: I will do that, Madam Mayor. De Weerd: Okay. Curns: All right. Onto another topic about turn bays. Last spring ITD District Three invited the city to participate in an open house where they kind of explained how the state transportation improvement plan goes together and the budgetary constraints that go along with that and at the end of that meeting we had some conversations with ITD staff about improvement from the city and it was suggested to the city that if we had any ideas for improvement of things we would like to see on the state system, that our ones that they could fit into their safety or. maintenance umbrellas, which are primarily what their plan includes, cause no dollar improvements, that they wanted to hear about more of those. So, in kind of looking at the state system that passes through Meridian, Highway 20-26 or Chinden Boulevard is the only one of those roads that has not been improved from a two lane cross-section and so as a result we see very high congestion and a lot of rear -end collisions on this roadway and so the idea came about that possibly it would be a good idea to see if some right -turn lanes could be added at the major intersections in the north Meridian area that would help facilitate some of the flow of traffic and maybe reduce the amount of rear -end collisions, since doing something like this, adding a turn lane to some of it's relatively very inexpensive compared to most of other projects that ITD rolls out. So, in having some conversations with the Traffic Safety Commission, we kind of tossed these different intersections around, we looked at all the different ones across the north Meridian area and Linder has already seen full improvement or almost full improvements and so the other intersection we kind of boiled down to really seeing a need was the intersection at Ten Mile Road, which had a picture on here and, then, the intersection of Meridian Road and North Locust Grove Road. These locations have right of way available for improvements, which I have highlighted there in the big red box. So, the land exists, there is nothing in it that would need to be moved, except possibly moving signal poles at two of those three intersections and all three of these intersections the right turns are heavy enough to where, based on national standard and the standards that ITD uses, it warrants having a right turn lane and it would be of a great benefit to the through traffic and the right turn traffic. So, the Traffic Safety Commission recommended that I bring this information to the City Council and they felt it was worthy of possibly sending on a request to ITD to say, hey, if you have got some funds left at the end of your budget year or you can work it in during a Meridian City Council January 10, 2012 Page 39 of 48 maintenance project or safety improvement project, then, this is something that we would like to see done. De Weerd: So, Tim or Caleb, is -- would this qualify for maintenance or is this something that COMPASS would generally look at an end of the year sweep type of a recommendation? Hood: Right. Madam Mayor, we had a brief discussion at traffic safety about that and I think this is something that wouldn't have to go through the STIP process, they are pretty minor and could either go under safety or maintenance and operation type things. As Tim mentioned they made us have some -- called leftover money, but they may have some money just in their -- their maintenance program that they can just allocate to this without having it be a listed project. Without getting into too many details, they group the projects now and, basically, it's a big pot of money that they can draw from and they don't have to list projects if they are, you know, within certain thresholds and meet different criteria. So, I think we could just request it not have to go through all of the programming things that COMPASS -- if we requested them all in one year, then, it would probably be one project and be a listed project with a key number, but I think if we just asked them, hey, as funds become available can you hit these intersections and add turn lanes -- I mean I think they would be open and we could bypass a lot of that red tape. De Weerd: And, Council, I know Tim does have a draft letter prepared if that is the direction you would like to go. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just by instinct I agree with all you of this, but I wonder if since the Meridian -- I mean since the Ten Mile interchange has opened has ACHD done any new traffic counts on Ten Mile just south of Chinden and would that be good supporting evidence to supply? Curns: Councilman Zaremba, we actually -- when we went to -- to ITD and ACHD to get the counts for these different intersections to see if they would -- these improvements would be warranted the Ten Mile count was previous to the interchange opening, so ACHD was nice enough to go out and do a count for us and give us updated numbers out there and so there certainly is a pick up in number of people turning there and so that helps -- it's definitely to the threshold where it would be of benefit to have a turn lane. Zaremba: Thank you. Curns: Uh-huh. Meridian City Council January 10, 2012 Page 40 of 48 Hoaglun: Madam Mayor, I do support sending a letter for this. I think this is something that is a low cost, but highly useful venture if they could do that. Could we go back to the Ten Mile one real quick? De Weerd: Before you move on, does it make sense to request on that Ten Mile an acceleration lane? To just extend that, then, to the east side of Ten Mile as well and have an acceleration -- Curns: Madam Mayor, that's not something we really contemplated, but it certainly wouldn't hurt to look at. De Weerd: With the up tick in the amount of traffic and with the speed of that road -- certainly not during rush hour, but -- there is no speed on that road. But it is a busy highway and that -- it's pretty dark in that area, too. So, just -- just a question. Hoaglun: And, Madam Mayor, my comment -- I like that idea, but my comment was I notice when I had to use it when Linder was undergoing construction, you get one vehicle turning left going west on Chinden and you get five, six cars turning right, that one car, even though there is no traffic coming from the west and cars coming from the east, everybody sits there waiting -- unless they pull clear out, everybody that wants to go right cannot move until that one car has to move.and we could have cleared that by not having a left turn lane and that might be more of an ACHD thing right there. But with people taking that interchange and coming out and, then, heading to Star and going that direction or where ever they go, a left turn lane there would really be useful. Curns: Councilman Hoaglun, actually, the next traffic safety meeting is next week -- next week and we will have both ITD representatives and ACHD representatives at that meeting. So, I think maybe before we get to the point of doing something on this one we will throw those -- these new ideas out to the group while we have representatives there, since as you noted the south lane there would be more of an ACHD responsibility. And, then, also on the Mayor's comment about it being dark out there, we are already looking with ACHD at getting some illumination out there as well, since it's getting to be a busier intersection. Hoaglun: And, Madam Mayor, I just think with Justin here first meeting he really wants to impress us and he will get it all done. Curns: He got can do attitude. All right. Well, that's all I have on these. De Weerd: Okay. Very good. Any further questions for Tim? Bird: I have none. De Weerd: Well, we appreciate you both getting out in front of this and how you work with both of our transportation agencies. It's greatly appreciated. Meridian City Council January10, 2012 Page 41 of 48 Curns: Thank you, Madam Mayor. E. Planning Department: Ten Mile Annexation Status Report De Weerd: Thank you. Okay. Our next item is also under the Planning Department with the Ten Mile annexation status report. Friedman: Thank you, Madam Mayor, Members of the Council. I will be brief. As you know, Council originally had the hearing on the annexation request on December 6th. It was, then, continued to December 20th. At that time we talked to Council and talked about the development of development agreement conditions. We are working on those. Council did continue the meeting until next Tuesday, the 17th. So, by, you know, normal packet days at the end of this week we will have a rather detailed memo and suggested conditions for a development agreement ready for your perusal and consideration. Because there are three separate property owners there ultimately -- if this annexation goes forward will be three separate development agreements. I can say at least from our perspective in terms of what we are working on, two of those three development agreements will be pretty concise and not a lot of meat to them. Even a portion of one of the larger parcels, the Janicek parcel, part of the development agreement conditions for that would be pretty -- again, pretty concise. The larger piece, the one that's been requested for.the C-C.zoning,.we are developing the language.in there so that kind of looking at what the C -C zoning allows, but looking at the intent of the plan and trying to tailor it so that there are conditions in there that kind of try to protect the integrity of that plan and incorporate it, realizing that there is kind of a disconnect between at least the requested zoning and what the plan contemplates. So, I'm just finishing the -- I pretty much finished most of my wordsmithing. Since Sonya will be the lead on this, I have given it off to her, asked her to kind of see if I have missed anything, make it look pretty and get it back to you and get it out for your consideration next week. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: You know I'm going to ask. Any chance of getting a plat or a concept plan? Friedman: Madam Mayor, Members of the Council. Yes, one of the suggested conditions of -- well, I can't answer the question about whether you will get a plat or a concept plan. However, one of the conditions that we will propose to you is that prior to any development on the site that that developer will have to come back with a specific development plan and, then, under that condition I have highlighted a number of kind of like menu of things that that plan should incorporate and that's why I have been having to kind of go into the plan and, then, compare the intent of the plan to the allowances of the C -C zoning district and, then, tailor that accordingly. I think I, without going into Meridian City Council January 10, 2012 Page 42 of 48 detail, can say one of the things I looked at -- there will be some restrictions on a few uses, because there is a few uses in the C -C zone that are not contemplated in the plan. There is some dimensional criteria that the C -C would allow greater allowances that weren't contemplated again in that particular area. So, there is at least a recommendation to Council for disagreement with conditions that -- you know, we are not nailing it down too much, but these are things that should be incorporated in a plan, but as to the timing of a concept plan or the submittal of a concept plan, I leave that to Council's discretion. Zaremba: Thank you. De Weerd: Okay. Anything further? Bird: Not at this time. De Weerd: Thank you, Pete. Friedman: You're welcome. F. Legal Department & Clerks Office: Discussion on Phase I Update to the City of Meridian Records Retention Schedule De Weerd: Okay. Item 7-F, our legal and clerk's office. Kane: Thank you. Madam Mayor, Members of City Council, I am Emily Kane, I'm a deputy city attorney in the legal department and I'm here representing the team that has been working to revise and update the records retention policy for the City of Meridian. That team includes Jaycee Holman, your city clerk, and assistant city attorney Andrea Pogue. So, I'd like to provide a quick overview of that effort and the document before you today. First I wanted to briefly mention why does records retention matter. Oh. I will let you kind of pick your favorite of the number of reasons -- good reasons to have a usable and updated records retention policy, but of most interest to the legal department certainly is the last one, which that the law requires us to. We do have a records retention policy. It was adopted in August of 1997. For one reason or another, though, the City of Meridian policy is identical to the Association of Idaho City's model policy and we are finding after a few years of using it that a customized policy would really better serve the needs of the public and better fit the operational needs of the city. So, our goal is to update the schedule by providing a comprehensive list of records that are actually created or retained by city department. Establish retention periods that are appropriate and actually make sense for each record and each department using that record. We determine that by looking at how long that record -- or any given record is useful to the department or to the public. We look at if there is a specific law that requires us to keep a record for a certain amount of time, whether we have the physical and technological space and capability to retain a record or if there are limitations on that. So, we think this would not only create transparency for the public, but it will provide guidance internally for employees regarding how to handle those records. As Meridian City Council January 10, 2012 Page 43 of 48 you're probably aware, the definition of a public record is very broad. It's all writings and documents the city uses or has. Some are physical, some are digital, and some are both. And, of course, we are getting more and more digital records and, of course, almost any physical record can also be transformed into a digital record, so that increases the volume and kind of magnifies the issues that we are dealing with. Our approach to revising and customizing a schedule has been to meet with each department and working with them to describe what we are doing, our goals and where we are trying to go. We create a list of the records each department maintains and we hope identify how long that department needs that record or wants to keep each record. So, some of the challenges we have been facing are just the volume. There is a lot of records that have build up over the years, partly because there are a number of permanent record categories in our current policy that don't necessarily need to be there. There is some logistical issues, several -- there are several copies of the same record, several versions. There are transitory records attached to permanent records, so the transitory record kind of survived longer than it needs to. Records are maintained with aging technology and in some cases we are not actually sure what we have, because we have big boxes of stuff. So, going through those boxes has been a challenged as well. We have divided this effort into two phases to kind of take a few bites at the elephant. So, we are done with the fire department, HR IT, legal, Mayor, Parks and Rec, Planning and the Building and Development Services Division of Public .Works, so these are. within the draft that you see before you. We.put a date at the top. of each department's schedule, so we would know when revised them. So, these contain a date of January 2012. There are a few that aren't done yet, including Clerks, Finance, Police and a number of divisions of Public Works. So, that's coming up next. I did migrate the current record retention schedule for each of these departments into the draft that you see before you and I put a date of I think August 2007 on those. So, we still have, of course, a records retention policy for these departments, but it will be updated as phase two. This is a timeline and I will now read this entire thing to you. I'm just kidding. I just put that there so that you could see that we have a plan. The highlights of this plan are there are four -- we have four kind of goal dates for the remaining departments. Public Works is definitely the biggest one. They have a lot of records, which I think is pretty typical for any city. But on October 2nd we would like to come back to you with an updated draft, a resolution to talk about what we have -- what we have done since then and, hopefully, let you know that we are done. So, in the immediate future I'd like to ask you to, please, review the draft that you have before you and look at the ones in particular that we updated and over the next couple of weeks if you see anything you would like to change, please, let me or Andreas or Jaycee know. We can make those changes and I propose that we bring this back in two weeks with the first of the two resolutions to get these updates in place. De Weerd: Thank you, Emily. Kane: You're welcome. De Weerd: Any questions from Council? Meridian City Council January 10, 2012 Page 44 of 48 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I understand the importance of doing this and I'm glad that it's moving forward forthwith. That's great. I have a question about mechanics and that is at some point you say, okay, this item or document needs to be kept for ten years. When we get to that ten years from now what is the tickler or the alert that says, okay, we don't need this anymore. Is there -- Holman: Madam Mayor? Zaremba: -- is there some way to identify what goes ten years from now? De Weerd: Yes, Madam Clerk. Holman: Madam Mayor, Members of the Council, Councilman Zaremba, that is the most important step that's going to happen once we have a good records retention policy, I guess a usable one in place. The Clerk's office will be keeping track -- doing two those things. Once a year -- starting annually -- it may become as we continue to grow something that happens twice a year. We will send out e-mail reminders to the departments ahead of time, probably towards of the end of the year, saying these are the records that not only can you purge, but you have to purge this year and we will compile a resolution that we will bring before the Council that will be all of the city's records that within our current retention policy have to be destroyed that year, so -- because the flip side of this records retention policy isn't we say would we keep it for ten years and, then, well, we don't really get around to destroying it until a couple years after that, we can't do that, because we have a retention policy that says we will destroy it at ten years and we get a public records request and I go back to the retention policy or whomever and say, no, those are destroyed, we don't have them, we deny a public records request when, in all actuality, we still have it beyond the records retention date. We can't operate like that. We need to always know at anytime what records we currently have. So, we also have to follow it to the letter, which will be my office making sure that everyone is doing that and providing that guidance. Zaremba: Thank you Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Question about technology. It so happened I was at the state archives last week and it is interesting, they retain county records and, of course, some other state records and I got to see some disks that some county somewhere decided they were going to put their records on at some point in time for something, I can't remember what, but there is no -- the technology is long gone on how to play these LP like disks that -- Meridian City Council January 10, 2012 Page 45 of 48 De Weerd: Tracks? Hoaglun: Yeah. That they were like LPs, but they are a lot thicker. And so -- and gathering that information is difficult. So, it's retained, but it can't be recreated or reproduced. So, what's the thinking on the technology? How -- because it does evolve as we talked about eight tracks, that's a good example. What 's the plan to either stay current or use a simple technology? Where are they going with that? Kane: Uh-huh. Madam Mayor, Councilman Hoaglun, that's -- we have ran into that ourselves. We maintain a number of our building department records on microfilm and do not, in fact, have a usable machine on which to view those films. So, just in the last ten years, maybe 15 or 20, we have run into that, too, where you can't look at a record, because the technology used to do that is outmoded. So, to the extent that we have permanent records that we need to presence that are on microfilm or even CDs or hard drives, we need to make sure that we migrate that to the next generation of technology. In some cases it's kind of looking like that might be paper, because it's always there. We have paper records from the 1800s. But to the extent that we do have records digitally only and if those records need to survive, the hardware that's used to look at them, we need to migrate those over to the next -- the next available method of keeping those records. That's one reason that we did building and development services first is because some of those records we need to get rid of them, because they are -- we can't look at them anyway. It's almost as though we don't have them. So, to -- to indicate on our records retention policy that we do have them, that we can look at them, is misleading. So, we need to kind of phase those out. I think that's a problem that faces a lot of -- a lot of cities, especially as we look at digitizing a lot of our records and 1 think we need to be judicious in digitizing records that we wanted to keep for a long, long time. Hoaglun: That is a problem. It sounds like you guys are at least trying to plan for it, so I appreciate that. Just to mention, the one really cool thing I saw out there, besides some discharge documents signed by Abraham Lincoln, which was really cool, but the state constitution. It's still on paper. The original. Bird: Yeah. Kane: Wow. Hoaglun: So, that was pretty amazing to see that, so -- Kane: Wow. I'd Like see it myself. Hoaglun: Now, all we need to do is get the big fancy leather books that they all had. It would be rather expensive nowadays. De Weerd: Any other questions? Meridian City Council January 10, 2012 Page 46 of 48 Bird: I have none. De Weerd: We know this has been a mammoth project and certainly appreciate the diligence, your attention to detail, and maybe the tenacity to continue on, so thank you. Holman: Madam Mayor? We call our first meeting shock and awe normally with each department and, then, we move on from there. Kane: It is overwhelming. It's been a really good team. We work really well, so -- De Weerd: Well, thank you. Kane: -- I think we are on track. Thank you. G. Mayor's Office: Resolution No. 12-831: A Resolution of the Mayor and the City Council of the City of Meridian Appointing Lisa Keyes to seat 8 of the Meridian Development Corporation De Weerd: Okay. I had hoped that my appointment for the Meridian Development Corporation might.be here by now, but in front you, Council, you do have under Item . 7-G a resolution 12-831. It is for the appointment of Lisa Keyes to Seat 8 of the Meridian Development Corporation. Her appointment -- this appointment would expire, then, in September of 2014. 1 would entertain any questions and if there aren't any, a motion to approve. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of resolution number 12-831, appointing Lisa Keys to Seat 8 of the Meridian Development Corporation. Zaremba: Second De Weerd: I have a motion and a second to approve this item, 7-G. Council, I will also say that the chair and I interviewed six candidates. We had more in applications and it's pretty exciting to see the level of interest and we are working with each of those that had indicated an interest to get them involved in one way or another. So, it's great to see a community that has citizens that step up and want to be involved in the future of their community. So, Madam Clerk, will you, please, call roll on this item. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. Meridian City Council January 10, 2012 Page 47 of 48 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 8: Future Meeting Topics De Weerd: Council, are there any items under Item 8 for future meeting topics? Bird: I have none. Zaremba: I have none. Item 9: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(f) — (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned By a Public Agency; and (f) To Consider and Advise its Legal Representatives in Pending Litigation Amended onto the agenda: (d) To Consider Records That Are Exempt From Disclosure as Provided in Chapter 3, Title 9, Idaho Code De Weerd: Okay. I will move, then, to Item No. 9, Executive Session per Idaho State Code 67-2345(1)(c) and (f). Bird: And (1)(d). De Weerd: And (d). Bird: So moved. Zaremba: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: ( 5:21 p.m. to 7:01 p.m.) Bird: I move we come out of Executive Session. Zaremba: Second Meridian City Council January 10, 2012 Page 48 of 48 Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Could I have a motion to adjourn? Bird: I move we adjourn. Zaremba: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 7:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) ZOIZ MAYOR TA4!�W DE WE �o¢Pr$pA��U�' a DATE APPROVED `-' ' `— JA, E HOLMAN, CITY CLERK SEAQ PyrB ,ems Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE:Approve Minutes of January 17, 2012 Pre Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council PreCouncil January 17, 2012 A PreCouncil meeting of the Meridian City Council was called to order at 5:02 p.m., Tuesday, January 17, 2012, by Council President Brad Hoaglun. Members Present: Brad Hoaglun, David Zaremba, and Keith Bird. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird O Mayor Tammy de Weerd Hoaglun: Okay. Ladies and gentlemen, we will get started with our next meeting here. We just have a few items. This is a special meeting. Today is Tuesday, January 17th. It is 5:02 p.m. And first item of business is roll call attendance. Madam Clerk. Item 2: Adoption of the Agenda Hoaglun: Next item of business is adoption of the agenda. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I move we adopt the agenda as published. Bird: Second. Hoaglun: We have a motion and a second to adopt the agenda as printed. All those in favor say aye. Opposed? Ayes have it. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 3: Executive Session Per Idaho State Code 67-2345 (1)(f)(d): (f)To Consider and Advise Its Legal Representatives in Pending Litigation; and (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code Hoaglun: Item 3. Bird: Mr. President? Hoaglun: Councilman Bird. Meridan City Council Precouncil Meeting January 17, 2012 Page 2 of 2 Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f) and (1)(d). Zaremba: Second. Hoaglun: We have a motion and a second to go into Executive Session. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: We are in Executive Session. EXECUTIVE SESSION: (5:02 p.m. to 7:01 p.m.) Zaremba: Mr. President? Hoaglun: Yes, Councilman Zaremba. Rountree: I move we come out of Executive Session. Bird: Second. Hoaglun: All those in favor coming out of Executive Session say aye. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Motion to adjourn. Zaremba: Mr. President, I move we adjourn the special meeting. Bird: Second. Hoaglun: All those in favor say aye. Thank you. We are adjourned. MEETING ADJOURNED AT 7:01 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) C — /�/ DATE APPROVED Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of January 17, 2012 City Council MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council January 17, 2012 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, January 17, 2012, by Mayor Tammy de Weerd. Members Present: David Zaremba, Keith Bird, and Brad Hoaglun. Members Absent: Mayor Tammy de Weerd and Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Warren Stewart, Perry Palmer, Scott Colaianni, Tom Barry, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird Mayor Tammy de Weerd Hoaglun: Okay. It is Tuesday, January 17th. It's about two minutes after 7:00. Thank you all for being here today. Mayor de Weerd is out of town, so as Council President I get to preside over the meeting and we will have lots of fun. We will start with roll call. City Clerk. Item 2: Pledge of Allegiance Hoaglun: Great. With that we will have our Pledge of Allegiance. Please join me in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Pastor Gordon Slyter with Treasure Valley Worship Center Hoaglun: Next we will have our community invocation led by Pastor Gordon Slyter of Treasure Valley Worship Center. Pastor Slyter, glad to have you hear tonight and for those in the audience join us in the community invocation or take this as a time of personal reflection. Pastor, thank you. Slyter: Thank you. Our Father in Heaven, we come before you tonight with thanksgiving. So much to be thankful for. This wonderful community in which we live. The civility of our citizens. The provisions that you daily bestow upon us. We pray that tonight you would guide the Council as they deliberate, as they consider matters that come before our city. Give them wisdom. We pray for unity of heart, even when there might be disagreement of understanding, and we pray, Lord, that your hand will continue to be upon us. We pray this in Jesus' name, amen. Meridian City Council January 17, 2012 Page 2 of 40 Item 4: Adoption of the Agenda Hoaglun: Thank you. Item 4, adoption of the agenda is before us. Zaremba: Mr. President? Hoaglun: Mr. Zaremba. Zaremba: I move we adopt the agenda as published. Hoaglun: Is there a -- Bird: Second. Hoaglun: We have a motion and a second to adopt the agenda. All those in favor say aye. No opposed. We have adopted the agenda. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approval of ACHD Bid amount for the Pine/Linder Intersection Project for the Not -To -Exceed amount of $137,608.00 C. Acceptance Agreement: Display of Artwork of Helen Grainger Wilson in Initial Point Gallery from August 31 to September 28, 2012 D. Acceptance Agreement: Display of Artwork of William Gardoski in Initial Point Gallery from March 30 to April 27, 2012 E. Acceptance Agreement: Display of Artwork of Dean Estes in Initial Point Gallery from August 3 to August 31, 2012 F. Acceptance Agreement: Display of Artwork of Elizabeth Meyer in Initial Point Gallery from June 1 to June 29, 2012 Hoaglun: Item 5 is the Consent Agenda. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Did we want to move -- Meridian City Council January 17, 2012 Page 3 of 40 Hoaglun: We do have someone -- on 5-13 we have the Principal of Meridian Elementary. So, if we pass this, he does want to take a minute to talk to us briefly about this project. So, I don't think we have to move it unless you want to. Bird: No. You move it to six. Okay? Hoaglun: If you want to do that, Council Member Bird, we can do that, so -- Bird: On the Consent Agenda, I move that we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Hoaglun: And does that include moving 5-13 to Item 6, so we can handle that separately? Bird: Yes. 5-B gets moved to Item 6-B. Hoaglun: Okay. Zaremba: Second is seconding all but 5-B. Bird: Yeah. Hoaglun: Yes. Okay. We have a motion and a second. We will move 5-B to Item 6 for a separate discussion and with that we have a motion and second. So, Madam Clerk, roll call vote. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda Item 5B moved to Item 6 Hoaglun: And so under Item 6, Items moved from the Consent Agenda, we have before us what was 5-B. It's the Community Development Block Grant subrecipient agreement between Joint School District No. 2 and the City of Meridian and if you recall -- Caleb, do you want to just briefly go over that project again or do you want me to talk about it? Do you have that? Hood: Council President, I will. Members of the Council, the item on your agenda tonight is the subrecipient agreement. I am Lori den Hartog for the next -- another month or so. So, I am overseeing the CDBG program. One of those projects that we had in this program year is the playground equipment that's going in next to Meridian Elementary. Part of that was up to 75,000 dollars for that playground equipment. This is the subrecipient agreement that lays out all the terms of that and what the money is for and Dr. Clark signed that at the school board meeting I believe last week and we Meridian City Council January 17, 2012 Page 4 of 40 have that. So, as you mentioned, the principal at Meridian Elementary Marcus Myers is here this evening and just has a few words, so -- Hoaglun: Great. Mr. Myers, do you want to address the Council? Name and address for the record, please. Myers: Yes, sir. Councilmen, my name is Marcus Myers at 1854 South Blacksmith Place in Meridian. I -- President and Members of the Council and members of the community who are here with us tonight, I am one representative of a team who is also with me here tonight who represents the All Abilities Access Playground in partnership with Meridian School District and with Meridian Elementary and we just wish to extend our sincerest thank you and appreciation for the support of that playground project and continued support of Joint School District No. 2. It is as a -- as this project becomes underway I do want you to know that we are in -- are in full cooperation with the city and are in full cooperation with the district, making sure that we just did the best thing for the community and I do want you to know that that money is in good hands. We are partnering with -- with many businesses and with many of our community partners here in the area and in Meridian, making sure that we could just pool our resources and put that money to good use. And so with that we just wish to say thank you and if at anytime any members of the Council -- anybody has any questions, please, don't hesitate to contact me and to let me know if you have any questions about how. that money is being spent, that partnership, or just making sure that we hold true to the goal that we set up to provide the All Abilities Playground for children with special needs in the area and making sure that we are in partnership with the city and really opening it up to making sure that that section of town is something that's an esteemed area, absolutely, for all kids. So, thank you. Hoaglun: Well, thank you and this is a project certainly very worthwhile and just a question, Mr. Myers. Where are you in your timeline of the process, fundraising, getting that thing moving forward, how is that looking? Myers: Well, thank you for the question, President Hoaglun. We are currently in the process of looking at vendors for bidding and with that process also pooling our resources and getting commitment from community agencies and from business agencies for donated -- not only materials, but labor and equipment to be able to start that process. Timelinewise, we are looking at putting it out for a bid in the month of February and in that month of February also looking at pooling those resources together. We are just going to bid the playground itself, the equipment itself, and the installation of that playground. That 75,000 dollars will go directly to that equipment. Other pieces like design, other contracting pieces, the community garden, a lot of the landscaping, much of that is being donated and, then, some of the money that the All Abilities Playground project of about 22,000 dollars is going to directly to that as well. So, we are looking at starting the project right about the beginning of summer, right when school gets out, if not very close to that. Once we start digging we will have an open pit there and we are trying to avoid that with elementary kids as much as possible. Meridian City Council January 17, 2012 Page 5 of 40 Hoaglun: Sounds like fun in their minds. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Refresh my memory. Is this also -- my recollection is that this is a project that you have also offered to the Boys and Girls Club people to use when you're not using it. Is -- am I remembering that correctly? Myers: Absolutely, Councilman Zaremba. It is -- Zaremba: Well, I wanted to credit you for that and -- Myers: No. Zaremba: -- thank you for that. That's a big plus as well Myers: No. Absolutely. We are in a partnership and continue that with the Boys and Girls Club. Robin, the director over at Boys and Girls Club, we are dedicated to making sure that not only the project -- we are in partnership with it that way, but also our grant writing fundraising and those community partnerships are together. We recently submitted a couple of grants for the community garden. Basically that is adjacent to the Boys and Girls Club. It's in between the two of us and we received word that that is coming our way. And so, again, we are pooling our resources, pooling our funds, knowing that a significant number of those students who will be using -- who can use the playground, can also attend the club, which also allows the club to open themselves up to a more varied population and to include more types of students with disabilities. Absolutely. Zaremba: That's cool. Thank you Hoaglun: Any further questions? Bird: I have none. Hoaglun: Great. Mr. Myers, thank you and we wish you well on the project. Myers: Thank you, Councilmen. Thank you. Hoaglun: Glad we could help. We have before us the former Item 5-13, now in Item 6. Do we have a motion? Bird: Mr. President? Hoaglun: Mr. Bird. Meridian City Council January 17, 2012 Page 6 of 40 Bird: I would move that we approve the Community Block Grant subrecipient agreement between Joint School District No. 2 and City of Meridian. Zaremba: Second. Hoaglun: We have a motion and a second to approve Item 5-B. Roll call vote. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I know the motion has been completed, but I would add to that that we are authorizing the President to sign and the Clerk to attest. Bird: Yeah. Item 7: Action Items A. FP 11-013 Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District Hoaglun: Okay. Appreciate that. Thank you. Moving onto Item 7. Action Items. 7-A. Who has that? Sonya? Watters: Thank you, President Hoaglun, Councilmen. The next application before you is a final plat for Oak Creek Subdivision No. 2. This site consists of 9.58 acres of land. Is currently zoned R-8 and is located near the southwest corner of McMillan Road and Black Cat Road. The subject property was annexed and preliminary platted in 2008. The applicant has completed phase one, which consists of 38 single family residential lots and eight common lots on 11.63 acres of land. The applicant is seeking approval of the second phase consisting of 41 residential lots and six common lots on approximately 9.58 acres of land. The gross density proposed with this phase is 4.28 dwelling units per acre, with an average lot size of 6,400 square feet. Amenities within this phrase include a Bocce Ball court and horseshoe pit. Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat and recommends approval of the final plat application. The applicant has provided written testimony in accord with the staff report, except -- they are in agreement with the staff report, except for the requirements of two street knuckle planter islands. The proposed planter islands Meridian City Council January 17, 2012 Page 7 of 40 are a requirement of the Unified Development Code, Title 11, Chapter 2A, 3B-2. The applicant requests Council strike the first bullet on condition number five, which requires internal planter islands to separate the knuckles from the through traffic, as shown on the landscape plan due to changes in ACHD policy standards, which now require the landscape islands to be included as part of the public right of way. ACHD has commented that they would prefer elimination of the islands due to increased maintenance. Staff will stand for any question Council may have. Hoaglun: Any questions for Sonya at this time? Bird: I have none at this time. Hoaglun: Sonya, do we have an understanding -- according to ACHD policy on this, they require the landscape islands be included in the right of way, but yet they don't want to landscape them -- our policy says we want these landscaping islands and that was it up to the homeowners association in most cases to maintain -- if the landscape islands are going to be required, then, why aren't they maintaining or making it that the homeowners association would be responsible for the maintenance as we would require. Have we heard from them on this or is this just the policy that they have? Watters: Councilman Hoaglun, Councilmen, I believe this is a new policy of ACHD. In the past it has been the FICA's responsibility to maintain those, but from what I understand this is a new policy. So, we may have to amend our code to coincide with that. I don't know. Hoaglun: Okay. Watters: Haven't really talked about it yet. Hoaglun: Okay. Watters: The first it's come up. Hoaglun: Do we have anyone representing the applicant here? Becky McKay: Thank you, Mr. Chairman, Members of the Council. Becky McKay, Engineering Solutions, 1029 North Rosario, business address, Meridian. I'm representing Coleman Homes on this final plat application. We are in agreement with all the conditions. We are asking for a change to bullet point number one under Section 5. And kind of to give you an idea what has changed. Since the UDC -- when the UDC was adopted I was on that committee and one of the thoughts was if you do a great big knuckle we would delineate the travel lane and separate it with kind of a little eyebrow landscape island and -- and it was part of the UDC and at the time we would plat those as a separate lot that was turned over to the HOA, just like any of the other common lots. Well, when ACHD did their policy manual update now these landscape islands are part of the right of way. So, when we plat them they go to ACHD and ACHD -- they Meridian City Council January 17, 2012 Page 6 of 40 don't have a problem with the medians, because, then, we turn around and we get what we call a license agreement to -- for HOA to maintain them. They understand the benefit of the islands. The problem are these little -- these little landscape knuckle things, because for maintenance purposes, sweeping -- when go through and they will do their seal, they are a pain. So, when we turned our construction plans into Ada County District, they said under plan profile, islands, approaches, and planter strips under number sixteen, ACHD would prefer elimination of the islands due to the increased maintenance costs on their part. Like I said, chip sealing -- they just don't see the benefit in them and I guess, you know, in looking at these particular knuckles -- we need the knuckle in order to meet your frontage requirement. The knuckles were proposed on the preliminary plat. We don't need the little island, because we have a -- what we call a valley gutter, which is a concrete kind of gutter that separates the travel lane, it's very visible, it's a -- you know, very depressed. It separates the travel lane from this knuckle. So, in reading ACHD's comments and in looking at it, we have got a very shallow depth. These little knuckles are so tiny that we could probably only put shrubs in them, not a tree, because we just don't have the width on them. And so we feel that with -- with the shallowness of the knuckle, the small size of the -- the little landscape island, the travel lane being delineated by the valley gutter, and the fact that we have detached walks in here, which also soften the hard surface look we have -- behind the gutter is an eight foot landscape strip and, then, our five foot walk. We are asking the Council if we could eliminate these.little knuckles. Along with my letter I did provide like a couple of exhibits. I don't -- are those in your packet? Hoaglun: Yes McKay: Where I did delineate the valley gutter, so you could see that it -- that it is -- it is visible on both of those. I delineated it in yellow. I'm not sure if it came out on what -- the packet that you guys get. And, then, I did provide copies to show you how small those little landscape areas are. Obviously, from here on out I won't use the knuckles. You know, we will -- we will look at -- to see if there are other options or just avoid them and -- if ACHD is not happy with these. Now, as far as -- if you guys have to revise your UDC, that's probably between the staff and ACHD, to kind of talk about what are their thoughts in the future on how to deal with these little knuckles. Like I said, the issue is not with the nice big medians on the collectors, it's these little tiny eyebrows. So, I guess I'm asking you to just kind of -- to simplify this let's just get rid of that little eyebrow. Can I answer any questions? Hoaglun: Any questions for -- Bird: I have none. Zaremba: Mr. President? Hoaglun: Yes, Councilman Zaremba. Meridian City Council January 17, 2012 Page 9 of 40 Zaremba: I can see the esthetic value of having them, but understand where ACHD is coming from and I might even believe that both the fire department and sanitary services, our trash collectors with their big trucks, might prefer that we don't have these little eyebrows every here and there. I don't know if we need a comment from the fire department or just a nod. Would it be easier to get fire trucks through there if we didn't have these little -- Palmer: It would. Zaremba: -- confounding curb things in the middle of it? So, I would say in -- in regard to the knuckles -- and I agree we are still going to want these on big islands, other places, like as you say, collectors and stuff. But I could see, one, waiving that requirement and work towards changing UDC to take that one little piece out. Makes sense to me. Hoaglun: Okay. Bird: I agree. Hoaglun: I have a question for staff, then. Are we dealing basically, then, with this application? Future ones -- as Becky. inferred that future applications. that will be coming in will likely not be having this type of design, so we aren't going to be having to deal with this every time it sounds like in my mind. Any -- any thought on that? Hood: Council President, Members of the Council, I can look at that section of the code. I'm not overly familiar with it. I'm not sure if there is a minimum square footage or not for those islands. You might look at tweaking that to require them to be of substantial size where you can get a tree into that area. I understand where ACHD is coming from. It's going to be harder to run the street sweeper around there. A fire truck. SSC they are designed to -- so that garbage trucks can still make it without having to do five point turns and all that. Same with fire trucks. They should be able to just pull in, they do have to turn around and pull back out, but we are not talking about backing up a large length like that too far, but we can look at the code. There are options. We have shared driveways, common driveways, some other design things that can kind of take that flare out. Or, again, looking at a minimum size for those, so it can be a substantial size so it really is an esthetic feature at that point, not just a little thing to delineate your, you know, directional traffic. So, I can't guarantee we -- you won't see these again, but we will definitely look at the code to make sure it's not an ongoing problem. You know, there may be already a project or two that's in the queue. The queue run is the same thing. I will note, though, that when Becky was reading off her plan review comments, it was a preference of ACHD and not a requirement, so we still could apply our code and the project can go forward sort of as designed without having to grant an exception to our UDC. I'm not necessarily saying you have to do that, they do seem kind of small in this instance, but I don't think there is that conflict necessarily with what ACHD -- the new policy manual that was adopted in our city code, that it's a direct conflict. They bring up a point and they chip seal every eight -- eight or nine Meridian City Council January 17, 2012 Page 10 of 40 years and it is a little bit more cost, but if we get the value of that up, there may be -- it may override it. But we will look at it, I guess, is the long way to -- to sort of answer your question. Hoaglun: Okay. Thank you, Caleb. Anything else, Becky? Done? McKay: That's it. Thank you very much. Hoaglun: Okay. Thank you. And this is a final plat, so I guess we have that before us. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Let's see. We don't need to close the public hearing. It's not a public hearing. So, I will move that we approve FP 11-013 with all staff comments, including striking the first bullet on condition five. Bird: Second. Hoaglun: We have a motion and a second on FP 11-013. Madam.Clerk, could you, please, call the roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: Thank you. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Public Hearing Continued from December 20, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone Hoaglun: Next item. 7-B. We have a public hearing that's been continued from December 20th. This is on AZ 11-001. And staff comment. I guess, Sonya, you're bringing us back up to speed again. Watters: Yeah. Thank you, President Hoaglun, Councilmen. I will just go ahead and give you, like you said, a little up to speed on this. The property consists of three individually owned parcels, totaling 116.25 acres of land. It's zoned RUT in Ada county and located at the northwest corner of 1-84 and South Ten Mile Road. The original request was to annex and zone all of the subject property with a C -G zoning district, with only a layout for collector streets within the site based on the transportation plan contained in the Ten Mile interchange specific area plan. A conceptual development -- Meridian City Council January 17, 2012 Page 11 of 40 excuse me -- development plan was not submitted. Staff recommended denial of the request, which the Commission upheld, based on inconsistency of the proposed C -G zoning with the future land use designations of medium high density residential, mixed use residential, mixed use commercial, high density employment and park for the overall property contained in the plan. As an alternative to denial, staff proposed zoning consistent with the future land use map that could be supported. The owners of the SJJV and the Fedrizzi properties were in agreement with staff's recommended zoning shown on the left. However, the owners of the Janicek property were not in agreement with staff's recommended zoning. After the Commission hearing the applicant's representative Becky McKay worked on -- worked with the owners of the Janicek property to determine a zoning for the property that would be acceptable to them and also consistent with the plan. The Janicek's conceded to staffs of TN -C zoning on the western 30 acres, but propose C -C zoning for the eastern 44 and a half acres. At the hearing on December 6th the new zoning request was presented to Council as shown on the right. As the staff report recommended denial based on the original request, no DA provisions were included in the report. Council directed staff to prepare potential development agreement provisions for consideration at a subsequent hearing based on the applicant's proposed zoning. Because there are three separate properties and property owners involved in the annexation request, staff recommends three separate development agreements if Council approves the annexation. Staff has prepared potential development, agreement provisions for Council's consideration based on the proposed zoning and future land use map designations for the subject properties. These provisions are included in the memo to the Mayor and Council, dated January 12th, 2012. Staff will stand for any questions Council may have. Hoaglun: Any questions to Sonya? Bird: Not at this time. Hoaglun: Okay. This is a public hearing and do we have comments from the applicant? Or applicants? McKay: Thank you, Council President, Members of the Council. Becky McKay. Engineering Solutions. Business address 1029 North Rosario, Meridian, representing the applicants. I'd like to thank the staff. They -- we provided some basic conditions after we reviewed five or six different development agreements that Mr. Nary had recommended we take a look at. We kind of did just a rough of those conditions and provided that to the staff and, then, they elaborated on that and we are quite pleased. I provided you a letter this evening that I just kind of wanted to go through. There is one DA provision that I do want to discuss. All other provisions, based on my meetings and conversations with the applicants, they are in agreement with. So -- so, we are pleased. When we began this journey it's almost funny that it was on January 18th, 2011, one day -- almost a full year and so what I did is I went back and I looked at those -- those minutes when we came before the Council as a discussion item. I fully understand that's not binding or anything, I just wanted to remind the Council that -- that -- how we started down this path and, you know, Anna -- Anna wanted to talk to Council about Meridian City Council January 17, 2012 Page 12 of 40 basically looking at this annexation and rezone without a development plan and she said I want to talk to you, because your -- typically you get an annex -- along with your annexation a concept plan or a preliminary plat and that's usually the way it works. And I'm paraphrasing, but -- but she is quoted per your minutes. In this instance we are going to annex, which will allow us to establish these right of way easements. We will get a development agreement at the time of annexation, but you may not get a concept plan at first and she said -- and if you don't get a concept plan at first, the DA for this property would, obviously, include that prior to any development -- any development that a -- that a development agreement modification would have to come forward and bring us a concept plan. And she said this is a little out of sequence, but I'm comfortable that we can get -- still get development that's in the best interest of the city and consistent with the Ten Mile interchange specific plan. The Council kind of had a discussion. I quoted a couple of the councilmen from those minutes that they were encouraged that they were getting an effort here by the property owners, ACHD, the city, ITD, to come together as a group and try to solve the transportation issues here. Through this whole process we have spent a significant amount of time and unlike other projects, a lot of time has been spent convincing some of the key property owners that the needs of the multiple property owners in the Ten Mile area as a community outweigh the needs of that individual and that it is in everyone's best interest to step up and to do their part and provide what's necessary, whether that be right of way or whether that be annexing, zoning, provide what's necessary to make this a success and it's -- the success is dependent on the ability of these property owners to work together on this transportation network and this is so unusual, because, typically, what we find in a development is our focus is on a particular piece of property with one client, with a certain number of desires, development vision. We provide stub streets. We may -- we may stub a collector. We may interconnect with pathways and open space. But nothing to the extent that we will see out here at this Ten Mile area. I mean everything is so interconnected. I think, you know, Councilman Zaremba said, you know, what's -- what's our chance of getting a site plan at this -- at this point and I thought about that and I do apologize that I was not here on December 20th. It was my understanding that it was going to be automatically deferred and I didn't have my Christmas shopping done, to be honest with you. So, I said, okay, I didn't know a discussion would take place, so I do apologize and want the Council to know that I was not shrugging my duties here. I was under the wrong impression. I could provide a site plan, I guess, if that was the desire of the Council. But in my opinion this is beyond a site plan, because if I provided a site plan it would, obviously, in my opinion, my professional opinion, be a shallow representation of what's going to go on there, because the bigger picture is all laid out in the Ten Mile specific plan, that it is architecture, open space, transportation, site planning and the architecture is really really key to this area. I mean that's -- that is one of the big parts of this vision and I can't provide that architectural component, only at the point of time when the property is purchased by a professional developer will they be able to take that step and, then, they take site planning and pathways and take the transportation network that's set up and bring in that architecture. I guess to be honest with you, you know, that is very complex. I can't do that alone. I just feel it's beyond, to be honest with you, my capability, because it takes a whole group of planners and architects and developers to sit down and come up with a plan this elaborate and this Meridian City Council January 17, 2012 Page 13 of 40 complex. The Ten Mile specific area has a vision. That vision is more specific than your general Comprehensive Plan and that's why you called it the specific area plan. It sets up a blueprint for development. If you get a zoning designation you don't just go out and just do it, there is a blueprint and part of that Ten Mile specific plan says in addition to this blueprint that this development will embrace, we also want to have design guidelines. Well, 2009 you guys came up with very detailed design guidelines. They talk about architecture. They talk about interfacing with the roadways and the pathways and pedestrian interconnectivity and it talks about size of the buildings and bulk and it affects more than just a zone. I guess I don't want the Council to get hung up on the zoning. The C -C zoning, the T -N zoning -- TN -C zoning, it's setting up a framework. That's all it's doing is setting up a framework. But the development is going to have to come through with the architecture and the site plan and at that time that's when this Council will judge this project on the quality, the ingenuity, the creativity, how everything interfaces, how this whole area is going to look. I thought about this -- about zoning and I will give you an example. Valley Video on Main Street, if -- Keith probably remembers -- I don't know -- I don't think it's even there now. When it went in years ago I was around and everyone was so upset. It was a cinder block building, boxy, plain, just down right ugly. Bird: But practical. McKay: But practical. A different commercial zone wouldn't have changed the way Valley Video looked, but design guidelines would have. Architectural standards, your downtown plan, wouldn't have allowed that. So, I guess what I'm telling you is it's beyond zoning now. We have all these plans that come together to make these projects what you guys want to see and the old standard used to be -- and I think Keith can attest to this -- I can't really define what a bad development looks like, but I know it when I see it. Well, now you guys have defined what is a good development. What we want to see. What characteristics. What architect style. Some of the things that were done in the past won't happen again and these communities have evolved, they have grown, they have gotten smaller and it's been to everyone's benefit and I commend you. The guesswork has kind of gone out. The old adage that, well, if they get that zone, then, they can just do whatever they want. Those days are long long gone, because it's far more complex than that and you guys have taken the effort to make sure that there is design -- there are design guidelines and a specific plan that lays down the foundation and will be the guiding document for this development. Your plan even talks about that it provides a set of directions for the architect and the developers for the future projects and, like I said, it's beyond what we typically look at. It is far more complex than that and this the C -C zone -- I am convinced that is the right zone for that portion, which is up at Ten Mile and along that major half mile collector that will carry up to 30,000 vehicle trips a day. It will be another Pine, but a lot prettier, because it will have the landscape medians that are down the middle. So, I feel that -- that this is the right zone for this property. I have gone through the conditions and I like them. The only thing that we object to is 5-H under the Janicek property. 4-B under the Fedrizzi provisions, and 4-C under the SJJV provisions. And that is that even with the C -C zone we are limited to 20,000 square feet maximum and that was one of the reasons that we Meridian City Council January 17, 2012 Page 14 of 40 found the C -C zone superior to the TN -C up there next to Ten Mile, was the fact that we had the latitude to go over the 20,000 square feet and we think that if you limit C -C to the 20,000, it just becomes TN -C. That was the most objectionable restriction that we found. I also looked at Meridian 118. Sonya, do you have that in there? Oh, now when I want it to change it won't. Watters: Which slide would you like, Becky? McKay: The last slide. Thank you. This is a zoning map of what the existing zones are out there right now and as you can see on the Meridian 118 property they have got that C -C right there in their core that is south of the Janiceks, east of the Janiceks. The condition that was provided in their development agreement said that the C -C district shall be consistent with the design standards contained in the Ten Mile interchange plan for mixed use commercial designated areas and uses within this C -C district will be comprised of a mix of office, retail, recreational, employment, other uses, including residential, as defined in the Ten Mile plan. So, basically, they get -- they were given the C -C zone in the middle of the section and, then, that -- or that provision was provided in their development agreement and I guess what we are asking for is just the same. Nothing different. All the other restrictions that the staff thought were appropriate we are in agreement. Just this one. Can I answer your questions? Hoaglun: Any questions of Becky? Any questions? Bird: I have none for Becky. Hoaglun: Any questions for Becky at this time? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: If I may. I'm agreeing with you that the question of the moment seems to be the size of buildings and as the public and the staff and the Council were working through and creating the Ten Mile specific area plan, my recollection serves me that one of the ideas was that along the actual Ten Mile roadway, as a Meridian entryway corridor, it was not attractive to have large buildings, which is why it was sort of designated TN -C in the area that we are talking about specifically. I will have to admit it is not jumping to mind to picture what a 20,000 square foot building is. Can you off the top of your head suggest a couple of stores around Meridian that you think are 20,000 square feet or so? McKay: It is hard, isn't it? What's this building? Bird: It's a hundred, but -- Zaremba: But we are three stories. Meridian City Council January 17, 2012 Page 15 of 40 Bird: I think if you -- those two buildings where the eye doctors are in off of Eagle across from St. Luke's that's got the slopped glass on top, I would say those are probably 20,000 square feet buildings. They are two stories. That's where they do the eye surgery and stuff -- Zaremba: Yeah. McKay: Oh, on the west side? Bird: On the west side. Right across from St. Luke's. I think those are probably pretty close to 20,000 square feet buildings. I'll let you finish and, then, I'll -- Zaremba: Well, I'm not visualizing those as being terribly large buildings. They are not. Bird: Mr. President? Go ahead. Go ahead, David. Zaremba: So, I think I can understand the request. I think the only -- only subject is this has been through public hearings and discussion before and I realize we need to be somewhat flexible, but for whatever it's worth, the decision was made before they didn't want bigger buildings there, but I'm willing to listen to a disagreement with that. Hoaglun: And, Councilman Zaremba, I was trying to think -- the city attorney was mentioning our footprint on this building might be a 20,000 square foot footprint, which would be a 200 by 100, 250 by -- you know, you could do it. So, this would be a footprint and, of course, then, you can change the configurations, whether it's square, rectangle like this one, or whatever we are. So, that -- Zaremba: I think what I'm remembering from the original discussions is that the thought was it would not be attractive to have a big box store, but those are, what, in the sixty thousands, eighty thousands square feet? I mean what's -- McKay: Oh, I think -- Bird: Sixty, eighty, one hundred. McKay: They are up over a hundred I believe now. Bird: Yeah. Some of them are 140. McKay: The super stores. Zaremba: Yeah. Meridian City Council January 17, 2012 Page 16 of 40 McKay: -- are a hundred -- would somebody tell me -- a commercial realtor told me. They used to run -- I think a grocery store was around 60,000, like an Albertson's, but these super stores I believe are up over a hundred now and that's all one footprint? Zaremba: Well, for what one person's opinion is worth, I'm not so sure I would be thrilled about that, but I'm not so stuck on exactly 20,000 either. Watters: President Hoaglun? If I may clarify Hoaglun: Yes, Sonya. Watters: That only applies to retail. All other uses may allow a footprint of greater than 20,000 square feet through the Conditional Use Permit process. Hoaglun: So, Sonya, that means if it was a service provider, optometrist shop, what have you, that would -- that would be allowed. Watters: Exactly. With a Conditional Use Permit. They would have to go through that process to be approved, but it's a possibility, yes. Hoaglun: Okay. Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: You know, we are starting -- we are starting new out there and I really don't have any problems with the way Overland and Eagle -- all down Eagle -- and there is a lot of buildings, retail buildings larger than 20,000 square feet and I have no -- and we are -- we are zoning these people so that they can, hopefully, once the economy starts, they can get some development going out there. Why do we want to limit what jobs can come to our area? There is not very many jobs that's going to work less than 20,000 square feet, if you want jobs. Under 20,000 isn't a very big office building or retail building or not. You can have -- you can have little strip malls, which I'd prefer one big building over a strip mall. But my way of thinking on this project -- these projects is they want some zoning that they can go sell customers to come in and develop and create jobs within our city and start making the Ten Mile corridor look like a -- and I don't -- I don't want to see a bunch of box stores there, but I have no problem with a grocery store, retail store. It's nice to have one out in that area. I think we got to look at the areas, too. We don't need all our grocery stores in one area. That's my two cents worth. Hoaglun: Okay. Quick question for Caleb or Sonya. On that C -C, their request to -- request deletion of the 20,000 square foot building restriction for the C -C zone. If they have a proposal -- they have a tenant who wants to have a 30,000 square foot building Meridian City Council January 17, 2012 Page 17 of 40 and if we were to approve this do they need to come back to Council with a Conditional Use Permit? Watters: If it were a retail use, President Hoaglun, it would not be allowed with a footprint over -- greater than 20,000 square feet. Does that answer your question? Hoaglun: Yes, but if we -- if we approve their request to delete that 20,000 square feet, if we said, okay, we will give it to you, but what protection does that afford us in terms of the control aspect -- I guess we need to see a concept -- conceptual plan, but would they have to come forward with -- let's say they have a 30,000 square foot building they want to put out there in the concept, would that be -- would that be a conditional use requirement, then, for that approval or was that just part of the concept plan? Watters: You can make it whatever you want it. Hoaglun: Okay. Watters: If there were a conceptual development plan we could tie them to that. So, that would be your safeguard. Right now you really don't have a safeguard until there is a concept plan. Hoaglun: Okay. Caleb, do you want to weigh in? Hood: If I may. Yeah. Not to -- I think Sonya is right on with that answer. I mean just maybe another -- understanding Councilman Bird's comments and I totally agree, we shouldn't have every -- all the grocery stores in one part of town and maybe 20,000 isn't the right number. But maybe there is something -- somewhere in the middle between a hundred and twenty where we are approving those at the staff level or requiring a Conditional Use Permit for anything above 40,000 or something. I don't know what that number is, but maybe there is some checks and balances there so we can still see it. If it's a grocery store, we are not opposed to a grocery store, but some of the design elements -- maybe we just want to make sure it's going to fit with that vision and to make sure -- just to check in and make sure it's okay through that CUP process. I mean that process is fairly streamlined and I think we -- you know, we are not here to slow things up or -- but it does give us some of those -- the checks again on -- you know, just to make sure it's the right fit, the right feel. So, that would be my kind of on -the -spot proposal back would be if you bump the square footage up a little bit and said anything over this number, then, requires -- regardless if it's retail or nonretail, that anything above whatever square footage comes back for a CU or in just deleting the whole condition. I don't know. Hoaglun: Thank you, Caleb. That does articulate my thinking a little bit on, okay, if we go with this, Becky -- and I'd like your thoughts on this -- what are the appropriate checks that we could, as a Council, make sure that, okay, this still fits the vision, this -- this plan -- we like what's proposed or, oh, that doesn't fit. I mean we have got to have something on our end to make sure we have -- we can keep the parameters in place, I Meridian City Council January 17, 2012 Page 18 of 40 guess, without trying to limit you to say, oh, no, here it is and this is it, absolutely, and live and die by that. So, what are your thoughts on -- McKay: Council President Hoaglun, Members of the Council, I -- I see your point exactly and I have the same thoughts and that item five says that no development takes place on here without a development plan coming in. So, the Janiceks can't sell off 40 acres and have somebody come in tomorrow and say I'm going to build me a Walmart here or whatever. Somebody has got to bring in a development plan on the whole property. Somebody has got to come in and do a site plan within all of these guidelines and design standards. I just don't want to scare off a -- say a -- you know, a large developer from out of state that may come in and say, you know, I have a great idea for this area and I'd like to buy these properties up, but, gosh, they got this 20,000 square foot maximum on retail and that's -- that's just going to kill -- you know, it's not doable. So, I'm looking at it from the perspective that we got to protect the city. I agree with you a hundred percent, but we have also got to make it so that this property does look attractive to somebody and the C -C, the TN -C, I think that's a great compromise. I think Caleb has a good idea. If the Council is looking for some middle ground, we -- we see this in other -- other municipalities where certain areas -- things come in as a Conditional Use Permit. In fact, the old comp plan had mixed use plan development areas that everything we did commercial component in those areas came in as a Conditional Use Permit. So, obviously, that's a possibility, that, you know, maybe you set a square footage and say, you know, anything over this would come in as a Conditional Use Permit. You're still requiring that they come in with a site plan. With that site plan and the development agreement modification -- they got to bring in what type of buildings they are going to build, what type of architecture -- you know, architectural style. We always -- those are tied to these DAs. It's one thing that this Council has established. So, I guess to answer your question, nothing can happen on this until somebody comes in with a specific plan and a development concept with their building, their architecture -- I mean a lot of work has got to be done before they can ever get to this point and at that time if they had a big box right smack on Ten Mile, the Council would go, you know, why don't you move within the interior, we don't want it on that corridor. Your staff -- I mean they are committed to that plan. I don't think that that idea would get past the staff and to the Council, because they would probably say, you know, read this, you know, this is what we want to see. This is our vision. Go back to the drawing board, come back, design something within this vision and this blueprint. Make -- you know, this is what we want to see. So, you know, I -- I think there are protections within this document, because nothing happens out here. This is going to sit ag until that point. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: Caleb, I got a question. Don't -- don't you think we are protected through our design and review regardless of the square footage? I mean if somebody comes in with a 150,000 square foot building, if -- if it's designed right and everything, the staff might Meridian City Council January 17, 2012 Page 19 of 40 pass it. But if you don't, you turn it down or they have to go through for a Conditional Use Permit, a CUP. Don't you think we are protected enough in our design review and stuff out there? Hood: Council President, Councilman Bird, I do think there are a lot of provisions already in current code. In this draft development agreement I think there are quite a few coverages. I think where I'm saying maybe an option is not necessarily being protected, but just like Becky is saying, as this gets marketed so that they understand sort of the vision -- you know, we are protected still, but the vision isn't necessarily for a 150,000 square foot building. That's really not the vision. Would it be allowed? Maybe if it's designed. But, really, it's hard -- it's going to be hard to design a 150,000 square foot building that really meets the vision of the plan. So, I think that's where -- where you can -- we can have not those protections, but just as it gets marketed we don't want to be talking to a grocer, say, and they are like, well, it didn't say in the DA that 100,000 square feet is a problem and now I'm just hearing that. Generally we would like to see things that are in the 40,000 square foot range. Generally. Not prohibiting them from coming, but -- but having them understand before they get too far along that does that fit the intent. Is it really what the city is after, because if you just strike it, 100,000 square feet may be fine, because there is nothing that talks about square footage. So, that's kind of a slight tweak on that protection angle. Bird: Follow up, Mr. President? Hoaglun: Councilman Bird, follow up. Bird: My biggest fear is if we -- if we put a limit on it is what if somebody comes out and wants to build a two or three story, 70, 80 thousand square foot, first floor is retail, second and third floor office. I mean -- and they design it nice and everything, it comes before you. If you don't like it or -- you know, they have to come back and get a CUP or -- they come before the Commission and us, I just think that our ordinances and stuff and our zoning covers us and, you know. But we are tying these people's hands to try to sell and let's face the facts, every one of them is either going to develop it or they are going to try to sell it to a developer to develop it. Well, if we have their hands tied -- I mean a year from now something might be real strong in development, five years from now it might not be and if -- you know, if we tie their hands -- I don't know, it's -- the way I look at it it's their money out there, they are not going to do anything to lose money on, they are not going to build something out there that's ugly if they want to sell it or lease it and we have the design of it. Your staff has got the design of it. Review. I just don't want to encumber them with a square footage. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I'm working on this and I'm listening to Mr. Bird very carefully. The issue, as I'm sure everybody is aware, that we have in the past removed a requirement and the Meridian City Council January 17, 2012 Page 20 of 40 people that we were talking to that came before us we believe and we trust and, then, they sold it to somebody else who had this huge entitlement and read it differently than we did and it's rarely the people that are here making the application, it's somebody down the line that bought the property and thought they could do something that they didn't. I -- I think I'm more inclined to go with Caleb's suggestion and that is to, one, bump it up, let's say 40,000 and, then, say bigger than that is possible with a CUP. I think that leaves the door open -- it gives them our vision and if they don't want to building bigger than that, they go through the process, it's already permitted and staff can approve it, assuming it meets the design guidelines and the other rules that are in place. And if they want to fight the battle of making it a bigger one, at least the door is open by a CUP process and I -- I would have to say at the moment I am falling down on that side. Let's leave the door open, but still put a -- put a number on it, 40,000 and if you need it bigger, CUP would be the suggestion I would be happy with. Hoaglun: Councilman Zaremba, just to comment on your idea. I was thinking along the same lines. I was just thinking that anything above 20,000 would require a CUP, Conditional Use Permit type of thing. I didn't have a particular number in mind, I was just thinking they wanted to delete the 20,000 square foot, we just say anything above that here is the process to come back and do it and that way the rules are known. It's not that we prohibit it, it's just they have to go through a process and we say, hey, that looks great. I think of United Heritage Insurance. That freeway visibility is.a big deal. If you talk to the CEO that's a big deal. And I suspect that's at lease a 20,000 square foot building footprint and they have a couple stories and I'm sure there is going to be some folks on that Ten Mile corridor near the freeway will want that same visibility and I really don't want to stop that -- stop them from coming to Meridian, we want them here, it's just that, okay, how do we put in place protections to make sure it fits what we are -- what the plan is for there, it looks good, and I think those types of folks want something that looks good, too. They want a quality development to represent whoever they are, which I'm sure you're going to bring, right, Becky? McKay: Working on it. Hoaglun: Anyway. This is a public hearing. Madam -- City Council -- no. City Clerk. Yeah. Down there. Did we have anybody else sign up to testify tonight on this issue? Holman: President Hoaglun, no, we did not. Hoaglun: Okay. Is there anybody out there in the audience who wants to comment on this issue? Come on up. State your name and addresses for the record, please. Janicek: I'm Louann Janicek. 270 East Connemara in Eagle. I am half owner of Janicek Properties. And I want to publicly thank you, Mr. Bird, for having the vision and knowing that if we cannot market this we cannot sell it. And I just don't see how that benefits the City of Meridian. If you put a limit on a building -- I'm not asking you to build a 100,000 square foot building. But if you limit that building, I can tell you nobody is knocking down our doors to build anything or develop anything out there. I believe you Meridian City Council January 17, 2012 Page 21 of 40 have covered it in all of your contingency plans. It seems to me like it's taken care of. If I have a real bone to pick it would be that you would allow Meridian 118, who is behind us, to not have any of that condition of square footage. They have a C -C zone, same as we are requesting, and no contingencies. I might also add that our property is encumbered the most by interior roads. I feel like we have given quite a bit and I'm just asking in return the availability to be able to develop that piece of property, to market it to someone who wants to come in and make Meridian better. Thank you. Hoaglun: Okay. Any questions for Mrs. Janicek while she's here? Bird: I have none. Hoaglun: Okay. Thank you. And question for staff. I did want to double-check that and I wasn't able to go back in the record and look. For the 118 property is that correct that C -C -- there was no restrictions on building size -- square footage? Watters: Councilman Hoaglun, I don't believe there are any restrictions. However, I might note that there are different future land use map designations on that property. There is no, for instance, mixed use residential on the area that is zoned C -C and there was a concept plan that development is tied through that development agreement. So, a little different situation. Hoaglun: Okay. Good point. Thank you. Watters: And also just to clarify something that you noted earlier on the 20,000 square foot footprint, that only applies to the C -C zoned property. The HE that's next to 1-84 it does not apply to. Hoaglun: Okay. Thank you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: In reference to bringing anything -- setting a limit on it and anything above that going through a CUP, just think to yourself if you -- if you were a purchaser and was going to spend millions of dollars on some land and you get down to it and they say, oh, yeah, you got a C -C. Well, you look what C -C says and it says all this and, then, you look at the development agreement and it says, oh, anything over 20,000 square foot you got to go through a CUP. While I realize 99 percent of the CUPs go through, there is always that chance that one percent is not is going to go through. I think we are covered and Caleb basically said it, in our own design and ordinances and stuff I can't see putting any kind of limit on somebody in a C -C zone -- and I realize 118 is a little different, it don't -- none of it fronts Ten Mile, but it's still a C -C zone right next to it. I just can't -- I just don't think it's fair to the people to put a restriction on the square Meridian City Council January 17, 2012 Page 22 of 40 footage. I think we are already protected myself. That's my personal opinion, Mr. President. Hoaglun: Okay. So, I guess, Councilman Bird, if Niki headquarters wanted to move to Meridian, Idaho, and they wanted to purchase a spot you would be okay with that? Bird: Who? Hoaglun: Niki. Bird: Man, I would be up there -- and so would you. Hoaglun: I would be very happy, yes. That is an inside joke. Brenda Sherwood, our economic development director, I told her I said all I want is one thing, you land Niki and you can have a job as long as you want. Bird: Yeah. Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: Again, there was a great deal of study that went into the original Ten Mile area plan and I just -- I need to be refreshed on what -- the properties that we are not talking about around this were designated. The property to the north of it, the property to the east across the street -- the snowball effect of saying, okay, we are going to ignore the Ten Mile area plan in this instance, what impact is that going to have on the rest of the plan across the street and up and down this street. Are there other TN -Cs and C -Cs and -- Hood: Council President, Councilman Zaremba, I can remember directly north of the subject property is a high density residential. Bird: It's R-40. Hood: Yeah. Across the street, though, I can't remember what that designation is off the top of my head. It is some mixed use planning commercial -- as far as the snowball effect, I mean, who knows, we haven't seen the concept plan yet, so we don't really know what the trickle down may be, you know, especially when we are talking square footages. I don't really foresee anything that the Council does tonight would necessarily affect across the street so much. I mean there are different -- you know, going to work and coming home sides that you want to be on I think that will factor into that. But, again, I don't know that your decision tonight will affect any of that. The lifestyle center is directly across the street at the -- Meridian City Council January 17, 2012 Page 23 of 40 Zaremba: What you're showing now helps. Thank you. And also your assessment that this may not have an impact across the street also helps. All right. Thank you. Hoaglun: Question for Sonya. The pipeline where it shows the green, that is the Williams pipeline through there or is that the -- is that the drain? Bird: That's the drain. Zaremba: Yeah. The green is a waterway. The canal. Watters: Councilman Hoaglun, that is a drain. Zaremba: The pipeline is -- Watters: Further to the south. Hoaglun: Okay. Zaremba: -- a little farther to -- Hoaglun: I knew it was in that property somewhere, but I couldn't recall where Watters: The gray you see here on this map is where the pipeline is located. Hoaglun: Okay. Thank you. A question for legal counsel, Bill. Any motions made on this, they have to be -- there has to be three different motions, one for each property related to this? I read that somewhere, but it didn't -- I think that was a something -- or it can one -- since it's one zoning or annexation application -- Nary: Yeah. Council President Hoaglun, Members of the Council, yeah, it's one application. So, it's one approval. So, you don't have to make a separate one for each property. Because it's been -- it's been all one whole application, one development agreement with all the different signators -- it's all -- it's all been one project. Hoaglun: Okay. Thank you. Watters: There are three separate development agreements, though. Just wanted to make sure I didn't miss something there. Hoaglun: I think, Sonya, that's what I was thinking, there is three separate development agreements and that's why I was curious, we don't have to approve three -- all three agreements separately, Bill? Nary: No. Hoaglun: Okay Meridian City Council January 17, 2012 Page 24 of 40 Watters: It's only one application, one file member, but -- yeah Hoaglun: Okay. Great. Thank you. Hood: I would request, though, Council, that any changes you make, make sure you're in the right DA or you make it in all the DAs or whatever property -- you know, it's applicable to that development agreement. So, any motion you may make to amend that, if you could make it clear that it's an amendment to all three or two out of the three or one out of three or whatever the case may be, so -- Hoaglun: Okay. Thank you, Caleb. And, of course, I might mention when we are talking about options, you can always take this and say, yeah, we like this, this is a whole new deal. We can send it back down to Planning and Zoning Commission and have them kick it around some more and bring it back. I mean that's just an option. It doesn't mean it's something we have to do, but it is an option. So, with that, Becky, do you want to wrap up? McKay: Thank you, Council President Hoaglun and Members of the Council. I guess I just wanted to -- to make a couple of final comments. On Meridian 118 they are medium -- they had. medium high density residential, mixed use residential. But they didn't have any TN -C component. They were given ME and the C -C. I think Councilman Zaremba talked about deviating from the plan. That matrix says what zones are appropriate for these designations and it gives a menu for the Council to choose from. The C -C is one of those designated zones that is allowed for the mixed use commercial, mixed use residential that are on the Janicek property. So, it's not a deviation of the plan, it is a choice of which zone is appropriate based on the Council's best determination. I think Louann had a good point, in Meridian 118 they are not saddled with any max -- or, you know, maximum square footage of 20,000 and so, you know, that property is for sale. We looked -- we saw it in Thornton Oliver. They came through with a plat. They are trying to sell it. I will bet five dollars that somebody will come back with a new site plan and architectural designs and you guys will be re - looking at that one, too. So, I don't -- I really don't see this one as any different. As far as -- you talked about projects changing hands. They didn't have the Ten Mile specific plan as their blueprint either, the ones that we have seen that have changed hands. They had a designation in your comp plan, they got annexed, they got zoned, they may have had a concept at the time. The project went back to a bank or was sold to someone else, changed hands, now they are back before you. The beauty of this one is that you have that blueprint of the Ten Mile specific plan. It's a specific plan for a reason and that sets those parameters and I guess that's what I'd like the Council to realize, that it is not cart blanche out here, it never will be, not with your design guidelines and architectural standards, not with this Ten Mile specific plan and I can guarantee you if someone comes in and they are proposing something that doesn't fit with that vision, I know the staff would recommend denial. I know the Council would say, you know what, I think that building is just too large right there next to Ten Mile. Staff, you're right. And what happens? You deny the develop -- the DA mod and the Meridian City Council January 17, 2012 Page 25 of 40 concept plan and you send them back to the drawing board again. We have done it before. I just want to make all this come together. It's been one of the longest hauls I have ever been on, one of the most complex projects I have ever been on and I guess if the restrictions are such that I can't get everybody to agree that -- to sign off on these DAs, then, my little pyramid that we have built over the past year trying to get every one board kind of starts falling apart and I think Louann Janicek, that's her primary concern. She's got a partner in this who happens to be her ex-husband and, obviously, with 50- 50 -- you got to come to a consensus, so -- so, I think, you know, her fear is that -- that if it is so severely restricted that -- that this whole plan may fall apart and we have got a great opportunity here and this transportation plan, getting these right of way easements, getting that trust fund from ITD -- 458,000 dollars in a trust fund to ACHD to build this -- start this collector, get that line in, get the intersection established, is going to benefit this area. It really is. We just need to take the first step and get this done, get the right of way easements established and I guarantee you guys will have the final say in whatever goes on out there and this is going to be a beautiful area and that plan is going to make sure of it. And I guess I would ask you to, please, consider elimination of that 20,000. 1 guess it's just -- it's just too low. Thank you. Hoaglun: Okay. Thank you, Becky. This is a public hearing. So, a motion to close the public hearing would be in order. Bird: Mr. President? Hoaglun: Yes. Bird: I move we close the public hearing on AZ 11-001. Zaremba: Second. Hoaglun: There is a motion and a second to close the public hearing on AZ 11-001. All those in favor say aye. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: The item is before you. Bird: Mr. President? Hoaglun: Councilman Bird. Bird: I would move that we approve AZ 11-001 with removing from all three DAs the restriction of any square footage on buildings and also to include all staff and applicant comments. Hoaglun: I'll second that. We have a motion and a second. Any comments? Meridian City Council January 17, 2012 Page 26 of 40 Bird: I have none. Hoaglun: Okay. Madam Clerk, please, call the roll. Roll -Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. Hoaglun: Thank you. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Long and winding journey, Becky. Item 8: Department Reports A. Public Works: Discussion of Public Works Inspection Services Bird: Nice job, Beck. We are on Item 8-A, Department Reports, Public Works. Warren, are you doing that or Tom? Tom, you're up. Bird: Mr. President, before Tom starts, can I ask -- Tom, what's the new do? Barry: The new do? Bird: I mean I don't hardly recognize you. I know you're not getting any younger. Barry: That's true. But I'm trying to hang onto every second I have got, so -- that's right. No. I appreciate you noticing that and embarrassing me. Bird: When you get my age you start backwards. Barry: Yeah. Bird: You know, I'm 70 now. Next birthday is 69. We start back down. Barry: I like that. Hoaglun: Tom, what do you have for us tonight? Barry: Thank you, Mr. President, Members of the City Council. I wanted to speak to you tonight about the Public Works inspection services that we provide. This would be underground utility inspections for both water and sewer, related to both capital projects, those are projects that we build as a city, expansions of water lines, infrastructure, sewer lines, well and facility improvements, like wastewater treatment plant improvements, wells, those type of things and similar services provided for the private development project that we have in the city as well, things like residential subdivisions or, you know, apartment complexes or those sorts of things as well. We currently have Meridian City Council January 17, 2012 Page 27 of 40 three inspectors in Public Works and up until 2010 we had four inspectors in Public Works. I'm here to talk to you tonight about restoring the one position that we let go in the budget last year and Councilman Hoaglun was our liaison last year, Councilman Zaremba is our liaison this year, both of them briefed on this. Up until 2010 we had run with four inspectors, as I mentioned, and when the -- one of those inspectors had been terminated for cause from the city I had held that position open in an attempt -- because at the time we wanted to evaluate whether or not we really, in fact, needed that position refilled. So, we kind of bumped along for some time. As you know we had a change in our chief inspector position during that same time period and I asked for an analysis to be done after we got our chief inspector position refilled with Joe Meusch, who is actually -- I don't know if you have met him or not in the audience here. And he's done just that. And, essentially, what we were sort of hoping for, which was a continuance of the same quality inspection services we have been providing for some time with three staff is no longer possible for us. We wanted to talk with you tonight about sort of why the need for restoring this position, which was once in Public Works for many years and let go in the budget last year is now needed again. So, that's the reason I'm before tonight. So, I wanted to just brief you -- see if I can get the -- great. Thank you. Talk a little bit about the type of inspection services we provide very quickly. You're familiar with most of these. We do reviewing of plans and specifications and also document construction activity through various inspections and other sorts of services for capital projects, .as well as for private development projects and the construction activity documents develop -- we develop reports, inspection reports, which include a variety of different types of assessment as to what's going on in the field and this is done, again, mostly for water and sewer projects, although it includes infrastructure projects as well. The -- I guess we have got problems with the machine tonight. Thank you, Caleb. All right. So, what staff did in our analysis -- because we wanted to bring that to you this evening for discussion -- is we looked back at two years worth of data and we tried to analyze, okay, what are our typical base load projects? What's our typical workload. And so we have been -- as we have heightened our ability for record keeping we were able to go back to the last two years and evaluate, essentially, what kind of projects -- what kind of time frames, how much staff were required to, essentially, inspect these various projects and we came up with what's called a typical base load. And these are some projects here on the screen that coincide with these types of projects we have been working on recently for private development. A couple things have been -- you know, the bright side is there has been a bit of an up tick in development and we are seeing that around Meridian. If you look at kind of what's going on recently with the Center Cal development, Center Cal itself includes, essentially, 28 commercial buildings and a variety of different townhomes, lifestyle center for us. The Zebulon Four residential subdivision, Spurwing Heights residential subdivision, the Scentsy campus, which is in full swing, that includes a distribution center, a power center, two warehouse facilities, IT building. Also the Meadow Lake Village expansion, Rosarias supermarket and Regency apartments, which will be about 700 units as well. On the capital improvement side we have been, of course, very busy and we are seeing an up tick in capital construction again. We have had a lull over the last two to three years. Right now we are running about 50 to 60 capital projects on the city's improvement project plan over the year's time. So, essentially, we are still very busy and so -- one other Meridian City Council January 17, 2012 Page 28 of 40 thing that we are doing as well is warranty inspections. We talked with you about that and we have done about three to four warranty inspections over the last four months alone. So, it's not really a big time commitment at the moment, but certainly is something that is important for us. So, what are some differences in our inspection services today than say as opposed to 2008 and 2009? We have made quite a bit of improvements and we have been sharing these improvements department wide with you in our strategic plan updates over the last several years. One of the major improvements that we have been focusing on are process improvements and this is, then, certainly the case in our inspection arena as well. As it relates to the kinds of improvements we have been making in inspection, we have been doing a much better job of improving our CIP pay application verification process. This is where we have engineers and inspectors working together to make sure that capital project work has been done before the work's been paid. It keeps us out of a situation where a project engineer on the city will issue payment for work that may not have been done, so that's certainly a benefit to us to insure that we have coordination between inspection and project management side. We have also increased our coordination with -- of construction meetings for both water and wastewater personnel, insuring that we have appropriate conversations prior to the design and construction of various facilities to make sure that those facilities, once installed, meet the needs of the city. And this helps, of course -- it benefits the city in many ways. One is to minimize change orders and .also reduce, costs over the long term. We. have also enhanced --.and this is probably one of our biggest benefits over what our process improvements have been in the last couple of years -- is that we have enhanced markedly the inspection documentation process. Our recordkeeping is lots better now than it used to be and for good reason and you are familiar with some cases recently where the documentation has come in pretty handily for us. It's important to make sure that we have the appropriate documentation on capital projects, even private development projects, to insure that we can defend ourselves in certain positions and also make sure that the right thing is being done at the right time by the right people. As well we have increased our coordination with project managers, insuring, again, that the expectations of the design engineers and project managers are met in the field during time of construction. And, then, I mentioned also constructability reviews. These constructability reviews, again, are an attempt in advance, similarly as I have mentioned, to coordinate all the logistics of the construction prior to the construction, so that the inspectors are clear before the first dirt -- first shovel is turned on what exactly the project is going to be and what to expect on that. We have also improved as well our preconstruction meetings. We have been recording those, as you all know. That was in improvement we have made and been doing a lot better on documentation that way. And, then, warranty inspections I mentioned also. So, there is lots of improvements going on. Now, these improvements come with an enhanced or required increase in time for the staff. You can't make these kind of improvements on the same number of hours that the staff were committing to inspections and administration back before these improvements were made. But we all agree that these improvements are the right improvements and are necessary to insure that we have a quality inspection program. Moving forward I want to talk about personnel availability, because the staff and I worked together to evaluate, essentially, what kind of capacity do we have with our existing three inspectors and a Meridian City Council January 17, 2012 Page 29 of 40 capacity analysis has to include, essentially, what kind of time do the inspectors have for the inspection related work. If you look at the typical work year you end up with about 2,008 hours of work time. Now, a good portion of that, as you know, is consumed by holidays, sick leave, vacation and, then, a whole bunch of other administrative duties and going back two years, we have been able to evaluate what those components are and we have put them here for you on the screen. Essentially any particular FTE or inspection staff member is only able to spend anywhere between 70 and 72 percent of their time in the field doing inspections, because either they are meetings or they have these other areas that are consumed by personal time or vacation or those kinds of things. That's significant, because what that does is takes a 40 hour work week and it reduces it around 29 to 30 hours, because the other time is consumed by these other areas, as I have mentioned. So, that's one thing to keep in mind as well. And this is -- this is the case with not just inspection, but it's the case with every staff position. I mean you can't say that you're going to get a full 20-80 hours out of any position if that person is taking time off for holidays, if they are taking time off for vacation or sick leave and, then, certainly there is a variety of different types of administrative components to every job, which are varied by that job. So, then, after we look at what's available, really, then, we say, okay, what do we have with regard to our base need? What -- what are we able to spend on projects? So, we went through this two years of data and we, essentially, established that over the past two years we have been able to put together .a baseline and that baseline shows that on average we are able to.accomplish about 15. projects a day per year. Now, that is an entire inspection team. That means, essentially, currently we are spending approximately one hour currently on these projects per staff person per day, when, in fact, we really need to be spending one and a half hours. So, we need to bump up the time by simply a half an hour per project per day in order to meet the need that we have for the inspection program. But that doesn't seem like a lot, but it actually ends up being considerable and that's what I wanted to share with you this evening. So, our ability currently is one hour per day per job or per project and that gives us a combined work group hourly load, if you will, of 75 hours per week. Again, as I mentioned, we need one and a half hours per day per job, which means that the need is about 112.5 hours per week as an inspection group. So, you can see we are short just about 37 and a half hours here per week and that's, essentially, of course, equivalent to about one FTE. Considering, again, based upon the workload allocation graph I showed to you earlier, we are not going to get that full 37 hours or 40 hours with an FTE, we are going to get something like 30. So, we will still be a little bit short, but we feel like we should be able, with continued improvements, to make adjustment and be fine with that particular FTE. What we did also is we benchmarked ourselves against other communities in the Treasure Valley and beyond and based on our population and the comparisons of other populations, what we have noticed is that, essentially, there is an average of about four FTEs for a population of around 80,000. And that's looking at, of course, Medford, Oregon, Caldwell, Bend, Lewiston, Twin Falls, Nampa, and city of Boise is certainly on the larger side here. So, that was in alignment with where we were up until 2010 as well, with four inspectors, and certainly is something we have come to realize through a little bit more robust analysis as well with regard to our needs with -- for inspection time. So, if we look forward -- because one thing we don't want to do is we don't want to hire somebody Meridian City Council January 17, 2012 Page 30 of 40 and, then, three to four months or six months or eight months or a year or two realize, well, we don't need that person anymore and end up in a situation we may have to let them go. So, part of the analysis included, as you know, one thing we are big in in Public Works is modeling and projecting. So, we looked at our capital improvement plan and we looked at -- and talked with the folks in development services and projected out what would be sort of the typical base load going forward with regard to projects and what we realized is, essentially, that for the next five years certainly -- and that's as far out as our capital planning goes, that's as far as our strategic planning goes and it's as far out as our model goes, the base demands continued to justify an inspection team of four FTEs or this additional person. So, one other point that I wanted to mention is that we have not, as I said before, been able to meet the inspection needs today. So, you might be asking, well, how are you getting by and the answer is we have been getting by by consulting our service -- consulting that service out. For example, we spent 75,000 dollars recently to inspect or have inspection services provided by consultants for three separate projects. Seventy-five thousand dollars bought us a combined total of one hundred hours of inspection. Now, keep in mind that, essentially, we need, you know, on the order of -- or, excuse me, one hundred days. I said one hundred hours. I'm sorry, that's way off. It bought us one hundred days of inspection time. And keep in mind that there is 250 working days in a year. So, in order to get that same level of service we would be spending on the order of 180,000 or more for that same service, which we think we can do for far less, with the addition of.one.staff member and still get an additional 50 hours per -- or 50 days -- work days per year. So, that's important to keep in mind as well, that right now the way that we are getting by is we are consulting these services out and that doesn't seem like a good use of funds, particularly if you look at the next five year period and you say, okay, what would it cost us over this five year period. Well, if we had an in-house inspector three position that would cost us around 72,000 dollars a year for a combined five year total of about 432,000 dollars or we could continue to consult these services out and get a lessor amount of working days each year, which -- at a cost of 150,000 dollars per year, which would equate to 900,000 dollars over that same five year period. So, we think that the timing is right. We have done the analysis and the analysis suggests what we -- what we have as a recommendation for you this evening, which is to allow us to move forward in bringing about the inspector three position back to the city, allow us to fill that position. I will mention again it's a position that we have had, you know, since 2010 and in an effort to see if we could get by without it we went for a year and a half or so and the Mayor and Councilman Hoaglun and myself agreed last year to pull it out of the budget, because we thought maybe we could get by and at least not tax the Enterprise Fund with a vacant position that's going to be held on for some time. We discuss at that point in time if the position needed to come back we needed to come to the City Council and present our case, which is what we are doing this evening. So, with that I will stop for questions and we have inspection staff here tonight and certainly our chief inspector and myself ready to answer any questions you might have. Hoaglun: Thank you, Tom. Any questions? Bird: Mr. President? Meridian City Council January 17, 2012 Page 31 of 40 Hoaglun: Councilman Bird. Bird: Tom, I got a couple things. That 72,000, does that include benefits and everything? Barry: Yes, sir, it does. Bird: Okay. Have you considered -- and I'm just throwing this out -- like we do with our building inspectors, subcontracting? Barry: Yes, Mr. Bird, we did and I -- as I mentioned the contracting out of these services is pretty pricey. The recent example is those three projects for a hundred working days at 75,000 dollars. Bird: Yeah, but you're hiring a consultant at that time. I take it it's probably a professional engineering firm or something? Barry: That's correct. Bird: . Yeah. . Well, you don't -- do you have to have -- do. you have to have a professional engineer or -- is all our inspectors professional engineers? Barry: No, sir. Bird: Okay. Barry: And they not -- Bird: Why -- I mean why don't we -- like we do with electrical and stuff like that. Have we ever considered that, Tom? I'm just throwing this out. Barry: Sure. Bird: The 28 workable hours -- 29, 30 hours -- workable hours a week is not acceptable to me. You -- you don't live in the real world if you only get that. I realize that just with vacation and holidays you only get 1,912 hours out of your employees, but 72 percent of it is work? I -- I have a hard time with that. Barry: Council Member, you bring up some good points. So, let me just clarify that statistic as well, which we verified internally as well. The number of hours that we have calculated just for the record and for your benefit, for vacations are 96 hours per year. That's if everybody accrued the eight days per -- or, excuse me, eight hours per month or the 12 months. That's 96 hours. Holidays you take off another 80 hours. Sick leave, if somebody uses their sick leave as they accrue it, which many of our staff do, you have to take off another 96. So, those -- those three components I think we could all Meridian City Council January 17, 2012 Page 32 of 40 agree that's just -- that's just the way it is. Some staff aren't as sick as much, some staff are sick more. But the other percentage that I was talking about, the remaining 374 hours, is meetings. Now, Councilman Zaremba has sat for the last four months with my inspection team and my construction manager on a focus group just about every week for two hours. One meeting alone. Not to mention the subcommittee work that goes on behind the scenes, which you're well aware of, Councilman Zaremba. Those kinds of activities, including things like revising the standard specifications for the city or doing time cards and filing and answering phone calls and correspondence and all -- that's noninspection work and that's what we are talking about, Mr. Bird. That kind of work is work that has to get done, but it takes our inspectors out of the field and puts them in the office doing that kind of work and I know it seems like a large number and that's the reason I bring it up, because it is a large number, but the reality is it's a real number and, like it or not, the difference is that we only end up with 70 percent of the time in an average work year to devote to inspections and that's one of the areas that's been difficult for us to overcome. Hoaglun: Just a comment on what Tom said earlier about the vacancy -- creating the vacancy. My recollection of the conversation was Tom wanted to hang onto it. It says I foresee a time that you're carrying it -- he says, you know, I foresee a time we are going to need it. I don't know when, but we will need it. I prefer to carry it. Well, the Mayor and I and, of course, Finance said, well, you know, let's just get rid.of it and when you need it come to us and I'm sure everything will work out. So, that's the only difference I have in that recollection, Tom, but -- Barry: Thank you, Mr. Hoaglun. Hoaglun: But it was discussed that, you know, if it's going to be vacant for some time let's just get rid of it and the need -- when the need comes we can -- we can look at filling it again, which -- which it looks like, thankfully, the time is now that has come and it's certainly good if we have got inspectors and you need more inspectors, then, we have got activity out there in the community and we appreciate that and we want to make sure we provide good customer service to get things done on that, so -- anyway, any other questions, comments? Zaremba: Mr. President, I would just comment that I think it's a good thing if we need to refill that position. It speaks well for what's going on in the city and the need for it. That's a good position to need to fill. Hoaglun: Tom, did you want us to take any action on this or was this just a discussion? Barry: Thank you, Mr. Hoaglun. I wanted to just have the discussion with you this evening and get sort of your temperature on how to move forward. My recommendation is to bring a budget amendment forward at the next Council meeting and ask for your approval of that budget amendment, so that we can fill the position before the construction season really picks up and this is what we are trying to get ahead of, because we don't think we are going to be able to make it through the summer. Meridian City Council January 17, 2012 Page 33 of 40 Otherwise, I would have just put that position in the budget for the fiscal year 2013. 1 will say that the budget amendment is ready to go pending your favorable consideration tonight and I want to point out to you that it does include a vehicle, because we have reappropriated all the vehicles we have in Public Works and so we do need a vehicle as well. So, that's going to be a one time expense. I will talk to you more about the fiscal component of this, if you allow me, next week, but, essentially, the Enterprise Fund can accommodate this. We have modeled for it and we can include it without disruption to -- or compromising of our base budget and certainly our ending fund balance, so -- Hoaglun: Okay. Appreciate the information, Tom, and we look forward to dealing with that probably next week then. Barry: Great. Thank you, sir. Thank you all. Appreciate your time. B. Legal Department: Ada County Highway District Cost Share Permit — Ustick & Ten Mile Intersection Hoaglun: Okay. Now, next up 8-B. Legal Department. ACHD cost share permit. Nary: Thank you, Mr. President, Members of the Council. This is really a joint presentation both from the legal department,. as well. as Planning. Caleb is here to speak to the planning component. What you have on your agenda is the cost share permits. ACHD, as you well know, passed an ordinance last year in relation to cost share and what that means in relation to various road projects that occur. This particular permit is the first one, so I think there is a couple of things that we at least want to point out to you if those are issues or concerns. Mr. Lucas is here as the highway district's representative and if that's the direction the Council wishes to take to provide some feedback to the highway district, but I think -- I think a couple of things before Mr. Hood takes over, but there are a couple of issues of concern. Basically this is a roadway project at the area of Ten Mile and Ustick. There are some parcels that are -- belong -- that have been purchased as part of the right of way take for the intersection improvement by the highway district that are on the southwest corner of that. The map is up there in front of you. They are parcel eight, nine and ten, but this permit goes beyond just that particular section. It deals with the right of way improvement or detached sidewalks, both for that section, as well as the property to the north, as well as the improvements both to the south of the -- parcels eight, nine and ten along Ten Mile, as well as the improvements that are done to the parcels that are attached to the subdivision on the east side of Ten Mile, both on the south side and the north side. There are some -- some things in the permit that we can discuss, but that's, basically, what we are here for. The highway district is looking for either consent from the city or feedback from the city in regards to the permit. Their target date to get either a final decision from the city yea or nay on this particular permit is approximately the first week or the first full week of February they would like to get this project out to bid and get this constructed here in the early spring, late spring, whatever. I think I'm going to let Caleb take it from this point. He's got kind of bullet pointed out to you folks, just Meridian City Council January 17, 2012 Page 34 of 40 kind of the issues and concern that we want to raise to you and see whether they are concerns to you as well. Hood: Thank you, Mr. Nary. Council President, Members of the Council, I hope -- usually I go to the podium, but I've got some things here that I want to have easy access to. If you don't mind I'm going to just stay put here -- Hoaglun: You're good to go, Caleb. Hood: -- for this presentation. Just a little bit more background before I get into some of those bullet points regarding the cost share permit. Bill and I did go over the ACHD two Fridays ago now -- a couple Fridays ago and we met with the project manager Al Bush and their legal counsel Steve Price, at which time they outlined the terms, essentially, of this cost share permit. Bill mentioned this is the first cost share permit for the city and ACHD and together. So, we are -- we are it. This is the first known one in Ada county and so we are taking this to you and I have went through it a few times now. Our legal department has as well and I do want to just go through the terms with you. I think the easiest way, probably, to do that is to break it up, essentially, into three different sections, the way I see it. There is really three different components to this permit and the diagram I think does a good job of explaining them. So, the group -- the first section for parcels 12, 14, 16, 18 and 19, which is on the northeast side -- so it will run north-. south along Ten Mile there, that would be -- see if my pointer shows up. I don't know if you can see that. It's these parcels basically on the east side of Ten Mile, north and south. The draft permit says the maintenance of these -- the interim treatments in the form of existing weed barrier and two inch minus drain rock, along with conduit for future irrigation is the responsibility of the city. So, the maintenance and interim treatment in the form of existing weed barrier. That might be okay. There is already drain rock out there, so that's probably not that big of a deal. If you read on, though, it says: After a ten year period the interim treatments must be replaced with developed landscaping in the form of irrigated grass. And now that, in my honest opinion, is a difficult one. There may be -- whatever gets put down with this project is probably going to be there maybe forever. We are talking about an existing developed subdivision where back in the day our codes may have not applied, but there is existing drain rock out there today and I know of no forum for the city to go back on that homeowners association in ten years or whenever and say, hey, times due now, you need to landscape this. I just don't -- we don't have that mechanism in place today. So, I am concerned of that particular language. And, again, just to call your attention whatever goes down there with this project is probably what's going to be there for a long time. It may not meet code. It may be nonconforming, but we usually don't spend our code enforcement efforts on things like this. As long as the weeds are kept down by the adjacent HOA we usually don't make a big deal out of it. So, I do want to call that -- that's -- that's one situation of the three that I will point out. The second one, then, applies to parcels eight, nine, ten, which Mr. Nary called out as the ones that are on the southwest corner that ACHD currently owns. Thirteen, 15 and 21, which are the ones just directly across Ustick Road. Part of the McNellis Subdivision. And the permit says ACHD authorizes and requires the design, construction, and maintenance of interim treatments within the six Meridian City Council January 17, 2012 Page 35 of 40 foot wide pedestrian safety buffers present in front of those parcels. So, ACHD is requiring the city, because the plans have detached sidewalks to design, construct, and, then, maintain the interim treatments or if you want to put permanent in that would be okay, too -- the interim treatments in front of those parcels. It, then, goes on to say, similar to the section that I read you: After a ten year period the interim treatments must be replaced with permanent landscaping. Now, for this one the interim treatments I don't think they are going to last ten years. I think those properties I just called out there will develop within a ten year period and I think probably, hopefully, within the next couple of years. So, I'm not too worried about it being there long term. I really do think that would be an interim treatment in that case. But I am questioning a little bit of why the onus to put in the weed barrier and rock is on the city. That -- for a couple of reasons. One, as mentioned the one on the southwest side is an ACHD owned property. The other one would be -- and, again, I think it's just -- it's sort of incidental to this roadway project. I mean it is -- it's between the sidewalk and the curb. So, to me that's something that the highway district wouldn't be violating their own cost share ordinance if they were to install some interim rock. They could even recycle that if they sell that surplus property off and it developed, but we don't currently have any money budgeted to install any interim treatments and weed barrier. I did get some cost estimates from Al Bush, the project manager. We are talking about 7 ,000 dollars to improve that frontage with this project. Now, that would be a cost that ACHD would have to incur, too, to be.fair about it.. But it would be a cost that the city wasn't planning on incurring, especially in this fiscal year. And, then, again, the second part is that if by chance it doesn't -- one of those properties -- or all of them don't develop, we are still on the hook to -- after ten years potentially install it with permanent landscaping and to me that's just -- it becomes a nightmare ten years from now to say, oh, that -- that one house didn't redevelop and now the city is on the hook to -- to put the irrigation and landscaping down. I'm not overly concerned about that, but did just want to call that out. And, then, the third situation here is in front of parcels seven and 12. So, seven is on the far south end on the west side here and, then, 12 is actually east -west along the north side of Ustick in this general location. And the terms state: ACHD authorizes and requires the design, construction, and perpetual maintenance of the permanent landscaping in front of parcel seven and 12. This one to me is probably the one that causes the most concern and I think, hopefully, we can -- after talking with ACHD can sort of talk them out of this, but there is existing landscaping in those areas. ACHD's project is removing some of that landscaping and have compensated the HOAs to place back some landscaping. Well, in the terms of this they are putting the onus to make sure it gets put in on the city. To me that's directly in relation to that project. Even if the sidewalks are attached ACHD would have to go in and patch back in the sod and the trees and everything else that they are taking out with the project. So, to me, whether it's attached or detached, the landscaping needs to get put back in and I don't understand how that can be put on the city to patch back in landscaping, essentially, there. That's something that's typical with an ACHD project. If it's landscape and their project goes in and puts a sidewalk in and they take out some of that landscaping, they will match it back in. And, again, just kind of an incidental cost. So, to have that say that the city is on the hook to making sure that the HOAs patch that back in -- again, similar to my first concern. One, we don't have a mechanism to do that. Now, we have Meridian City Council January 17, 2012 Page 36 of 40 city code, but we really don't have any protocols to say because of that roadway project your subdivision is no longer in conformance, you have so many days to improve this landscaping. Or the alternate would be the city budgets for -- for it and puts in and -- and I don't think that that may be is an appropriate use of city funds either, so -- so, those are kind of the high level -- I guess I should point out the other -- the southeast corner of this intersection has attached sidewalks. So, really, there is no issue. It's not addressed in this permit. It doesn't meet our city code and it's not consistent with TLIP, as are the other three sides of the intersection, because they have detached sidewalk. But there really just isn't an opportunity to do detached sidewalk. Those homes are so close, the backyards are so close, and with the additional planter areas it just doesn't -- it doesn't make sense and the impact would be too great. So, that one is kind of out of the picture for this permit. So, just a little more -- and I mentioned it a couple of times, but I do like that ACHD has designed into their project detached sidewalks on three corners. It's consistent with city code. It's consistent with TLIP. It's been something that's been in this plan set for about seven years now. I guess that's another sub point is this project has been 99 percent designed since 2006. This isn't something new and to retrofit -- and I hate to use the term grandfathered, because we get called on it all the time, but -- but to ask the city to retrofit it for something that's been in ACHD's design all along just doesn't -- it doesn't seem right anyway. So, that's something I'd like to explore a little bit more with ACHD and I guess that's my recommendation at this point is .would ask for some direction from the Council to. negotiate to tryto understand the terms of this permit. I don't recommend that the city sign this permit as currently drafted. I hate to see this project delayed. It's a very important project. This intersection has seen tremendous growth in traffic counts since the interchange opened. It needs to be improved. At the same time I think we need to understand where ACHD is coming from and the implications to signing, to not signing, to maybe working something out with them to come to some other understanding than the terms that are currently in this agreement, because, again, just to be frank, I don't -- I don't necessarily think it's -- it's equitable at this point. So, I guess that's where I'm at at this point. I know it's a very high level of the permit, but I think those are, essentially, the -- what the -- the draft permit calls for. I did speak with Justin just briefly before -- before the meeting and -- and asked him that -- you know, I would be talking to the Council and ask that we have some more time to consider this, to understand this, with -- with whoever, if it's the director or the commission or legal staff over there or what, but just to understand exactly where we are at and if this is their final and best, if it's a take it or leave it type thing or if there is some room for negotiations. So, I think it would be appropriate. Justin is our newly appointed liaison -- to break him in and see if he can help us out with at least exploring that avenue a little bit better, so we can understand where ACHD is coming from. Again, I'm not trying to be overly difficult, but I don't want the city to get into something that by signing we are setting ourselves up for failure in the end, so -- and I think we just maybe need to explain some of that to ACHD to see if they -- Hoaglun: Caleb, my recollection is the city has paid for interim treatment, but my recollection on Ustick Road, it was still in the county, there is going to be future development. We would, then, require the next -- the new land owner to put in the Meridian City Council January 17, 2012 Page 37 of 40 landscaping and the different things. I mean we -- we have never paid for -- within the city limits any -- like you said, this is the first one, but the only agreements we have had with them to do this where we have paid was because it was outside in the area of impact. Is there any other thing that we have done? Has there been other cases? Hood: I can't think of -- and that's a great point. I didn't initially point that out to you. All -- all the properties that are on the screen are currently annexed into the city and that is a little bit different than the Ustick project where we agreed to pay for the weed barrier and some roto mill material to put down interim, because it's in front of county parcels. And those will redevelop. We are pretty certain. Some of these homes that are there, particularly parcel 14, 1 think that's going to be there forever. I mean I don't know when -- you know, at least there will be a single family home and we won't be able to apply some of our current code to that. So, again, we are setting ourselves up to where if we can't require the adjacent property owner to improve those things, we are going to be on the hook for. So, I know of no other instance where we, the city, has paid for interim improvements such as the weed barrier and rock, other than on front of county parcels. Hoaglun: And the other point I guess I want to make is the fact that the weed barrier and rock is an interim item and I have never seen that as -- I have never considered that landscaping. It is a way to transition to landscaping down the road when -- like in the county parcel, it's just a low cost way to. get the improvements in, have .everything designated in place, they have the weed barrier just so we don't have weeds exploding everywhere. Weed barrier and rock. And, then, in the future when that property -- that corner develops we require that landowner to put in place irrigation, landscaping, trees, what have you, whatever works best for that particular area and, then, we considered it landscape. I mean this to me is part of the -- the construction process. We have the detached sidewalk, which is -- which is a safety issue, among other things, and, then, just the interim treatment is rocks. So, I know ACHD may disagree with us on that, but to me it is interim, it's not landscaping, and I can understand why they don't want to pay for landscaping, because we could be over the top in our requirements for them and they want to put the money towards construction. I truly understand that. So, this is a low cost alternative in the interim before we get to that point. But as you point out on that northeast side, for example, that's all that's going to be, because we really have no mechanism to go back and do that and redo. That's -- and some of the places we will be stuck. But on the northwest side we can even probably talk to that property owner now to say, okay, let's go ahead and get that landscape now and see what can be done. And, then, on the southwest corner, that's a whole new dilemma where the property owner themselves is ACHD. Now, if they said no, we are not going to landscape, because we are going to sell and they put in a sidewalk up next to the road, if they want to sell that and we tell a potential buyer, oh, by the way, to meet code you're going to have to rip out the sidewalk and put in a detached and they go back to the seller and say, oh, before we buy the property we want you to do that, we are wasting taxpayer money. That just doesn't make any sense to -- if we are going to require that as a property owner, what we are going to -- that just makes my head spin. Meridian City Council January 17, 2012 Page 38 of 40 Hood: And I do -- that's a good point and I do want to make a couple of clarifications along those lines. So, if by chance the city doesn't end up signing a cost share permit on this, ACHD could go and redesign the project and put in the attached sidewalks as you just mentioned. And you have explained how that would play out and the city could say, well, those are attached sidewalks, don't meet our code, we need them to be detached sidewalks. That -- that is a possibility and I did talk to AI a little bit about that. He did mention that if -- if that were the case and it needed to be redesigned, ACHD decided that was the prudent thing to do, it would take about two months and so it would delay this process about two months to get the intersection reconfigured, so the cons to that are it delays the project another two months and we end up with the attached sidewalks for however long it takes for those properties to develop. The northwest side -- I don't think we are in -- you know, as this aerial shows, it's -- it's ready for development. It's -- it's ready to go. I don't think we are going to be too far off. In fact, the city is holding a bond for landscaping in front of that property. So, if -- I'm trying to work with that property owner currently, set up a meeting to figure out how we can -- he can work with his landscape architects and maybe even hire ACHD's landscape folks that they are going to have out here on site to do the work needed in front of their -- in front of that development. So, that's a little bit different where I think that one is more imminent, maybe, than the surplus property that ACHD currently has. But good points and I -- there are -- there are repercussions or pros and cons to different options here. And, like you said, you know, that potentially is a.waste of resources regardless if it's ACHD's or the city's or a private -- and I just -- it makes some sense as you were pointing out to put in some low cost interim treatments there that could look okay for five, six, seven, ten years, you know. The rock was kind of a compromise. I don't know if you all recall, but the first time we talked about doing that for any county parcels, we actually proposed dirt. We said we will keep the weeds down and the highway district said we don't do projects that have dirt as a treatment. We need at least some roto mill or some type of gravel rock in there and you agreed to at least do that to those county parcels. So -- but that's just how far it's come is we -- our first proposal was dirt and we went from landscaping to dirt and now we are kind of somewhere in the middle with interim treatments, but -- so, anyways, I just wanted to propose this, to get this in front of you, since we have had it now at staff for about ten days. Share it with you, get some of your initial thoughts on that. Again, ask for some direction. Maybe you're fine with all that and you're comfortable in -- we will make it happen. If it doesn't happen within ten years we are fine with committing to landscaping all four corners or three corners within ten years anyways and see no issue. But that's not my assessment to this point and I will toss the baton back to Mr. Nary and see if he has any final say -- any final comments or -- or where do we go from here. But, again, I would seek your direction and try to work with ACHD staff a little bit more on this. Hoaglun: Mr. Nary. Nary: Mr. President, Members of the Council, I think Caleb has really covered it all. I think really we are seeking your direction on our next step. I can certainly communicate to Mr. Price. Mr. Lucas is here, so he can certainly carry that back to the powers that be. Caleb can certainly talk to Mr. Bush, who is the project manager, and, then, we can Meridian City Council January 17, 2012 Page 39 of 40 bring back whatever responses we get. I guess if that's the direction you would like us to take. I don't know if all of the issues that -- that Caleb has raised are such that it could be resolved at the staff level. So, I guess that's something we could come back to you with to let you know if this is something really that is going to take commission action or at least the director's action or both -- I don't know. Hoaglun: Okay. Thank you. Comments, Council Members? Zaremba: Mr. President? Hoaglun: Councilman Zaremba. Zaremba: I may be repeating or may be hopefully summarizing some of what's already been said, but to me there is a big distinction between the city's past and current willingness to pay for treatment of properties that are not annexed into the city. Ustick has been mentioned and South Ten Mile I think is another instance where properties that were not in the city, but we assume will be sometime in the near future -- Meridian wants -- when those are eventually annexed for them to meet our codes and we were willing to kick something in to pay the difference to help them meet our code, even though they are in county at the moment. Here we are talking about city properties that .must meet our code anyhow and it's up to the owner to meet our code.. As Mr. Hoaglun pointed out, even on the southwest corner our code says that needs to be a detached sidewalk. If it got put in as an attached sidewalk, there would never be any building permits issued for that property and I would think that would make it difficult to sell. So, I think it's in the owner of the property's best interest to meet the codes. It would certainly be cheaper. As Mr. Hoaglun said it's a better use of taxpayer funds to meet the code in the first place and that's something the property owner pays for. The city doesn't pay for that on any properties. There are even right on this intersection exceptions. You have the southeast corner that is not going to meet our code, but it doesn't meet our code now. It met the code at the time that it was put in. We have not typically gone back and required owners to retrofit when the code has changed. Old construction tends to stay that way. But certainly the two western legs of this are new construction and I would say they aren't subject to cost share. That's the owner needing to meet the code that exists that applies to everybody. So, I would ask that that be passed along. It would be difficult for them to make future use of their property if they don't meet the code. I guess that's my comment. Hoaglun: Thank you. And, Caleb, I did want to comment on that southwest corner on the Ustick side. I'm sorry. The northeast corner on the south side -- Ustick side, parcel 12 you had mentioned. And this is a learning curve for everybody, since this is our first one, but that did seem odd, pay the homeowner the money, they removed it, now we are suppose to go in and enforce our standards, I -- I hope Mr. Lucas takes back that -- that needs to be worked on and tweaked a bit for future things. That just kind of -- that puts us in a difficult situation on that, so -- and so that's just one of those that -- and I'm just glad we could give Mr. Lucas a really easy one his first time, having something to Meridian City Council January 17, 2012 Page 40 of 40 go back to his folks with, so -- any further comments on this? Staff, anything else to prod us on? Hood: No. Thank you. And I will be back -- if not next Tuesday, in a couple weeks, because, as Mr. Nary pointed out, we would like to get some response by the first part of February anyways, so -- Hoaglun: Okay. Hood: Thank you. Item 9: Future Meeting Topics Hoaglun: Great. Thank you. Well, we are to Item 9, future meeting topics. Anybody have anything that we need to bring up -- bring to our attention? Bird: I have nothing. Hoaglun: Okay. Then we are at the very end of the meeting. Bird: I move we adjourn. Zaremba: Second. Hoaglun: Motion and second to adjourn. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:06 P.M. (AUDIORECORDINGON FILE OF THESE PROCEEDINGS) G9�� 13- MY MAYOR T DE WEER mss° °b-,- DATE APPROVED ..--yIL-- " "- EFO. HOLMAN, CITY C 00 �, mpu Sa'.f1S, y A �y tiA��°Ida TRIO— Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Patricia Sadler Trainor in Initial Point Gallery from November 2 to December 28, 2012 MEETING NOTES fi72, c-11 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY9 MERIDIAN CITY FALL ("Agreement") is made on the ~' day of 2012 "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Patricia Sadler Trainor, an individual person whose address is 515 Thatcher Street Boise, Idaho ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS the City desires that public art will be a component of Meridian City Hall and to to s that end the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian p P y City Hall, the address of which is 33 E. Broadway Ave., )Meridian, Idaho ("Initial Point Gallery"); WHEREAS in response to the Call to Artists, Artist did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS on November 3, 2011, the Meridian Afts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artist's work for display based on the Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 6, 2011, by the passage of Resolution no. 1 I 825 the Meridian City Council adopted such recommendation and directed 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 p p g � employees, w ere citizens and visitors of diverse ages and perspectives feel welcome and comfortable; h NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged ed and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shallersonall deliver to Initial Point Gallery, on November 2, 2012, at 9:00 a.m., or at such P y time and date as is mutuallyagreed-upon by the Artist and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto, Artist shall be responsible for installing such artwork on November 2, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from November 2, 2012 to December 28, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 28, 2012, at 9,-00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator, ACCEPTANCE AGREEMENT INITIAL POCN'r GALLERY DISPLAY PAGE II. COMPENSATION AND SALE OP 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. 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.TjmE 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. 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 Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, 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 Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 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. 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 Executive Assistant. E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall not4 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 maybe 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 fi•om 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein, Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist, Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery, VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default, If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C, Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. Acca rMcE AGREEMENT INITIAL POMT GALLERY DISPLAY PAGE 4 VIII, GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy 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: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Artist: Patricia Sadler Trainor 515 Thatcher Street Boise, Idaho 83702 (208)342-5279 mudpiearts@gmail.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com City: Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. of�IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 1'Aday 2012. ARTIST: Patricia Sadler Trainor CITY OF MERIDIAN: BY: � 0— Tammy de \ 'e rd, Mayor asp4 Attest: City ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY City of C,� S t� 'fie, PAGE 6 Exhibit A Meridian \ Commission Call for Artists: 2012 INITIAL POINT GALLERY SERIES The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours, Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery, ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application a Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). • Details and forms are available at the City's website, http://www.meridlancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011, SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC, MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 21) art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: By e-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 mac@meridiancity. org Exhibit B MeridiatnoC ommission Application It Acknowledgments: 2012 IiVITIAL POIioIT GALLERY SERIES ARTIST/ORGANIZER CQNTACT INFORMATION: Check one: W I am subrriitting this form as an individual artist. I am subraitdng this form on bebal€•of an orga_nt Artist/Org.Name: Organizer name: E-mail address; iYVt? Mailing Address; ( 2 Nolzf 1Z Physical Address: ^ Phone numbers: Day,__i4-;_7 - EVehing: Cell: ^O APPLICATION OVERVIEW: Check all that apply: d Uwe propose to fill one half of Initial Point Gallery with two-dimenslonai artwork. 'PI/we propose to fill the entire Initial Point Gallery With two-dimensional artwork. i�/}ya propose to fill these display cases with 3D artwork: [q 14"Wx24"Dx42"H /T224"Wx24"Dx36"H � 24"WxH 24"Dx30"024"WxM"Dx24"H Number of 2D pieces: Average size of Zb pieces: �. Number of 3D pieces:(] Average size of 3D pieces: APPLICATION.MATERIALS: Comploted, signed Application @ Atknowledgements Form�/�I tl cccf l zCcC S Biography of artist or informational statement regarding organization, no longer than one BYz X 71f age; j CI A 4etter of intent, describing; a. Artist/Organization'$ vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works lobe displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical issueq or challenges regarding hanging or display of the works proposed for display. Up to five digital images of work representational of the artist's/organization's work on a Co, resolution of 30D dpi at a minimum size of 597", in .jpg format. Please name each image file with artiSt's last name or organization name and the title of the work (e.g,; name,titlo,jpg), Materials submitted will not be returned. Damaged or Pon- compliant omcompliant CDs and/or images will not be considered. Images will not be accepted via a -mail. $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial Point Gallery is equipped with a track system for hanging two-dimensional artwork, Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring on the back of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The 0 -rings should be approximately a quarter of i;he distance of the total frame helght'from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hahging, and are not allowed. Initial Point Gallery also provides four display cases, each with different dimensions, for displaying three-dimensional artwork. ACKNOW� LEDDOMENTS: 1�1 I hereby acknowledge the following stipulations and agree that if this proposal Is selected for display at Initial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance AgrIent between myself and the City of Meridian. I specifically,acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed, B, If my work is selected for display in initial Point Gallery, the City of Meridian and its agents will wi—rl-A[ exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but - cannot and will not assume liability for any loss or damage, C. Any insurance of the artwork displayed in Initial Point Gallery shall be the sole responsibility of the artist. The City of Meridian shalt not provide insurance to.00ver loss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an informational table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. While it is Intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month n period, this period may be shortened by the City of Meridian for any reason, without notice to the OSFartist or organization, , F. The City may display the work of more than one artist or organization in Initial Point Gallery at any time, at the City's sole discretion, 6(1'-G, Artwork submitted for display In Initial Point Gallery must be original works conceived and created Mn l by the artist (or by artist members of the organization) submitting this application. al v H, Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place, The Ar City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and Visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowled nd understan ach and all of the foregoing stipulations and do agree to these general terms and condition'. 1 <I— Signature: — 5ignatura: /r�� ),� I �aLi1 14_1 Print name: D Date: 1 /& ' 2,6 To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: initial Point Gallery 33 East Broadway Avenue . Meridian ID 83642 Thank you for your interestl PATRICIA SADLER-TRAINOR MUD PTE ARTS POTTERY In Boise's north end ARTIST STATEMENT I have worked in clay for the last 15 years, going full circle from sculpture to function, and now combine both. My main interests in clay are texture, form, and color. Texture comes from many sources, including Mand -carved stamps and roulettes that I have made, wooden Indian textile stamps, buttons, beads, and found objects I have collected. Also, T have a collection of crocheting and tatting from my grandmother and great grandmother, who made edgings for pillowcases, table runners, etc. Form comes from functional pottery shapes passed down through the ages. My use of colors is greatly influenced by color combinations I find in nature in the local foothills, and from my years spent in the Southwest. Most of my works are made In red clay, my homage to the red colored hills of the American Southwest. After taking ceramics at the local community center, I enrolled at BSU and received a BPA in art education and ceramics. I was fortunate to study under John Takehora, who has had a big influence on my work. Upon graduating, I bought on electric kiln and began learning how to do oxidation firing, testing many glazes over the years and finally settling on cone 5-6 glazes. I especially like glazes which enhance my applied textures. The book, Mastering Cone 6 Glazes, has provided many of my current glazes. Most of my works combine the use of wax resist over stamped designs (which are first glazed then waxed over) then the rest of the piece is glazed by brushing It on. I glaze fire to cone 6, approx. 2200 degrees in a Shimpo Cone Art electric kiln. Websife; Patricia Sadler Trainor Letter of Intent My intent for this opportunity is to hand -build and wheel throw about 10-12 works in clay, similar to those on my CD. They will be made of red stoneware clay, and form a cohesive body of work. My works are all textured with various tools, some handmade by myself, others collected throughout many years of working in clay. The wheel -thrown works are altered by faceting, texturing, and/or carving. Slob -built works are also textured in a similar style. I brush on glazes, and use wax resist technique on some. My works are made to be used, including bowls, trays, and tall hand-buflt vases. If chosen, I intend to make some tall hand -built slab vases varying in height from 10"H to 24"H. Bowls will be large serving size, of approximately 6"H x 14" w. Prices will range from $75-$250, depending on size and complexity. r' I will write a press release describing these works and the Initial Point Gallery if chosen. I have experience In writing press releases for my works in clay, from summer of 2010 for the Sun Valley Express for the Ketchum Arts Festival. Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Acceptance Agreement: Display of Artwork of Idaho Watercolor Society in Initial Point Gallery from September 28 to November 2, 2012 MEETING NOTES Nf W 'a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY9 MERIDIAN CITY HALL ("Agreement") is made on the day of N VV\ 2012) ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Cherry Woodbury ("Organizer"), whose address is 2218 N. 32nd Street, Boise, Idaho, on behalf of the Idaho Watercolor Society ("Organization"). WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian P City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Organizer did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point Gallery; WHEREAS, on November 3, 2011, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Organization's work for display based on the Proposal, and recommended to the Meridian City Council that artwork as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on December 6, 2011, by the passage of Resolution no. I I - 825, the Meridian City Council adopted such recommendation and directed the Commission to work with Organizer and the artist(s) Organizer represents ("Artists") to establish a display of Artists' 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: L SCOPE OF SERVICES. Organizer shall personally deliver to Initial Point Gallery, on September 28, 2012, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator, artwork which shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Organizer shall be responsible for hanging such artwork on September 28, 2012 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from September 28 2012 to November 2, 2012, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on November 2, 2012, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Organizer and the Gallery Curator. ACCEPTANCE AGREEMENT INITIAL POINT GA.�.. XRY DISPLAY PAGE 1 11. COMPENSATION AND SALE OF ARTWORK, A. No compensation. Organizer shall display the artwork of Artists in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Organizer or Artists for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Organizer or Artists 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. 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 artwork; any transaction related to the sale of artwork shall be handled solely by Organizer or Artists. Organizer acknowledges the Commission's request that Artists voluntarily donate to the Commission twenty percent (200/0) 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, Organizer may remove such artwork from the Gallery, provided that Organizer replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. Organizer 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. Organizer shall coordinate and/or provide the services described in this Agreement in a timely manner, as described herein. Organizer 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, Organizer shall coordinate any and all such activity with the Gallery Curator. 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 Organizer for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in Exhibit B, 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 Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, 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. AccerTANca AGREEMENT INITIAL, POINT GALLERY DISPLAY PAGE 2 V. DISPLAY. A. Original artwork. Organizer and Artists warrant that all artwork provided for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. 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, the 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 Organizer's and Artists' name. Organizer hereby conveys to City permission to use Organization's and Artists' names for purposes of advertising, marketing, and public information, without violation of Organization's or Artists' rights of privacy or any other rights Organization or Artists may possess under this Agreement, provided that City shall not use Organization's or Artists' logo(s), if any, for any purpose without the express, written permission of Organizer or Artists. D. Use of City's name. City hereby conveys to Organizer and Artists 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 neither Organizer nor Artists shall use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork by City. City shall have the right to remove 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 Organizer in the manner set forth herein. While it is intended that Organization'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, F. Removal of artwork by Organization. Organizer 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. Organizer and Artists shall, and hereby do, 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, AccBPTANCEAGREEMENT 1NrrIAL POINT GALLERY DISPLAY PAGE 3 and from any and all losses and expenses caused or incurred by Organizer or Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Organizer and Artists shall, and hereby do, 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 Organizer's or Artists' performance of this Agreement, whether such loss or damage may be attributable to ]mown or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance is Artists' 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 Artists in the furtherance of Artists' respective rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' insurable interests for their 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. Artists 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 Organizer or Artists have failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if any Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Organizer or Artists. C. Termination due to death or incapacity. This Agreement shall automatically terminate upon the death or incapacity of Organizer. 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. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that the organization and the Artists are independent parties and not employees, agents, joint venturers, or partners of City, Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Organizer or Artists and City or between Organizer or Artists and any official, agent, or employee of City. Both parties acknowledge that neither Organizer nor Artists are employees of City. Organizer and Artists 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, Organizer and Artists 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, neither Organizer nor Artists shall 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. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their 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: ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 5 Organizer: Cherry Woodbury Idaho Watercolor Society 2218 N. 32nd Street Boise, Idaho 83703 (208) 4339705 idahocherry@yahoo.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208)887-6473 dwight5332@q.com Cw Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 ekane@meridiancity.org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. Warranty of authority. Organizer expressly warrants that, to the extent set forth herein, she is duly authorized to act as the representative and agent of Organization and all of its member Artists and principals. Organizer further warrants that she is authorized to bind Organization and its member Artists and principals to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Organization and its member Artists and principals. K. 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 this /(, day of 2012. ORGANIZER: TCherry Woo4kniry ""MQ91 CITY OF MERIDIAN: BY: /�� ��1�7 Tammy de era, Mayor Attest: City Clerk city of I IDAHO CA SEAL 9f�R 0f the THEA\Ui ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 6 Exhibit A Meridian I Commission Call for Artists: 2012 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public, Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application 8 Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and • $35 gallery maintenance fee (nonrefundable). • Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011. SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall, RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac®meridiancity.org Exhibit B Meridiatn4;C5 mission Application & Acknowledgments: 2012 INITIAL POINT GALLERY SERIES ARTIST/ORGANIZER CONTACT INFORMATION: (heck one: 01 am submitting this form as an individual artist. 41 am submitting this form on behalf of an organa: Artist/Org. Name: Organizer pante; 1 <7 Email address: i rp r� 1�,. inc+ �� Mailing Address: � rV y "t'" •- 3%n i e Physical Address; Phone numbers: Day; Evening: APPLICATION OVERVIEW: Check all that apply: ❑ Uwe propose to fill one half of initial Point Gallery with two-dimensional artwork. td /we propose to fill the entire Initial Point Gallery with uvo•dimenslohal attwork. 6I/we propose to fill these display cases with 3D artwork: 2411Wx24"Dx42"H ❑ 24"Wx24"Dx36"H ❑ 241'Wx24"Dx30"PI ❑ 24"Wx24"Dx24"H Number of 2D pieces: �'�i7 90 Average size of 2D pieces: Number of 3D piecesi Average size of 3D piecesl_ APPLICATION MATERIALS: lot' W t L L "l}yS to U ss �FWS A fd luk S l)] completed, signed Application R Acknowledgements Form Biography of artist or informational statement regarding organization, no longer.than one g'K x 11" page; A letter of intent, describing: a. Artist/Organization's vision for and/or theme of the proposed display; b. Number, dimensions, prices, and medium or media utilized in the works to be displayed; c. Any publicity that the Artist/Organization plans to undertake if selected; and/or d. Any atypical Issues or challenges regarding hanging or display of the works proposed for display. Up to fi e di - f ages of work representational of the artist's/organization's work on a CD, resolution of 300 dpi a a minimum size of 5x7", in .jpg format. Please name each image file with artist's last name or organization name and the title of the work (e.g.: name.title. jpg). Materials submitted will not be returned. Damaged or non- compliant CDs and/or images will not be considered. Images will 'not be accepted via e-mail. SA $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. This fee is nonrefundable. DISPLAY INFORMATION: Initial point Gallery 1s equipped with a track system for -hanging two-dimensional artwork. Artwork displayed in the gallery will be hung from cables using hooks, and therefore must be equipped with one D ring en the pack of the frame, or two D rings on the side rails on the back of the frame, as illustrated below. The D -rings should be approximately a quarter of the distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires, eyehooks, and clip frames may not be used for hanging, and are not allowed. Initial Point Gallery also . provides four display cases, each with different dimensions, for displaying three-dimensional artwork. ACKNDWLDG1y1�NT5: Gn� l ��qS: 1 c , h reby acknowledge the following stipulations and agree that if this proposal is selected for di ay at Initial Point allery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shalt be set forth In a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge that: A. Before my work will be displayed in Initial Point Gallery, I will be required to enter into an Acceptance 'T Agreement with the City of Meridian establishing the specific terms and conditions of the display of the particular works displayed. B. If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but cannot and will not assume liability for any loss or damage. C. Any insurance of the artwork displayed In Initial Point Gallery shall be the sole responsibility of the T" artist. The City of Meridian shall not provide insurance to cover toss, theft, or damage of artwork displayed in Initial Point Gallery. D. While artwork displayed in initial Point Gallerymay be passively offered for sale by means of an informatfonal table, board, or handout as provided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. xir a E. While it is intended that each exhibit in Initial Point Gallery will be displayed for a one- to two-month period, this period may he shortened by the City of Meridian for any reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organization in Initial Point Gallery at any MAL time, at the City's sole discretion. W'}gi<'r' G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created ' A by the artist (or by artist members of the organization) submitting this application. klurl H. Meridian City Hall is primarily a place of public business and initial Point Gallery Is a public place. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable. To this end, only artists and artwork meeting the eligibility standards described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. Signature: `�/ Print name:.��� +y/ U Date: r9/J1/ !/ To propose an exhibition in Initial Point Gallery, please submit this form, completed in full, with the required materials and fee, via U.S. mall, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Avenue Meridian ID 83642 Thank you for your interestl " u IDAHO WATERCOLOR SOCIETY October 10, 2011 Meridian Arts Commission Attn: 2012 Initial Points Gallery Series 33 Gast Broadway Meridian, ID 83642 Re: IWS Exhibition Dear Commission: The Idaho Watercolor Society would very much like to be considered for an exhibition during the 2012 schedule. While we are open to any time convenient for you, because of other scheduled IWS events our preference would be any time after September 1, 2012 through the end of the year. The Idaho Watercolor Society was founded in 1975 and promotes the fine art of watercolor painting through organizing member exhibitions. In addition, IWS sponsor three scholarships to art students annually. These scholarships are through the various state. -wide colleges. 1. Organizations vision for this exhibit. IWS has planned three other shows for 2012: An open region show at the Capitol Rotunda In February, a juried show at Boise State University Gallery In June, and a show at Boise Company in July or August. Adding a fourth show later in 2012 would provide an additional opportunity for member Idaho artists to display their original work. Because we want to encourage the broadest possible participation and creativity, we envision an exhibition open to all our members. Of course, in accordance with our charter, paintings would be limited to water media on paper. 2. We would accept all the paintings the gallery can accommodate. The previous exhibition included approximately 60 paintings, which were displayed both on the walls and on IWS provided panels. We would like to do that again. The dimensions of the art work will vary with the artists. Prices would be set by the artists. 3. On publicity, IWS sends information to all of its 270 members, provides post card announcements to artists to send to their individual mailing lists, distributes post card or notices on public bulletin boards, announces it on the IWS website, and advertises the exhibition in local newspapers. 4. There are no specific issues on hanging of the paintings, other than whether you would allow the additional panels in the center of the gallery like IWS did at the previous show. T(�h�-annkk you for your consideration. Cherry W000dbu� U President e Idaho Watercolor Society IDAHO WATERCOLOR SOCIETY PURPOSE: The Idaho Watercolor Society was founded in the fall of 1979 to support and promote water media and to educate the public as to the significance of the medium. HISTORY: From a charter membership of fewer than 20 members, the organization has grown to nearly 300 members statewide. Regional centers are located in Boise, Moscow, Idaho Falls, Pocatello and Twin Falls. ACTIVITIES: The Society sponsors a range of activities statewide: exhibitions, workshops, paint -outs, social get-togethers, and educational programs. The newsletter Includes news of state and regional Society activities and members, as well as events of interest to watercolorists in Idaho. In addition, the IWS Board brings a nationally recognized watercolor artist to Idaho each year to teach workshops and jury for awards. In conjunction with the IWS Annual juried Membership Exhibition and Traveling Show, an awards ceremony is held during which the juror presents awards and gives a slide presentation or demo of his or her own work. SCHOLARSHIPS: In an effort to support beginning watercolorists, the IWS annually provides cash scholarships and one-year paid memberships to outstanding college or university students. Monies are derived from donations and from the Ruth Clark Scholarship Fund, named in honor of the IWS founding mother. MEMBERSHIP: Members of the society range from beginners to professional watercolor artists, which provides a unique opportunity for growth and exchange in Idaho artistry. ADMINISTRATION: The Board of Directors includes elected officers, committee chairpersons, and regional representatives. Each IWS region sponsors at least four activities a year, including a regional open show in which every member of the region may display work. Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Professional Services Agreement with Lisa Johnson Counseling and Consulting, LLC for Human Resources Services MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this Z day of February, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and LISA JOHNSON COUNSELING AND CONSULTING, LLC, hereinafter referred to as "LISA JOHNSON COUNSELING AND CONSULTING, LLC', 815 South Bridgeway Place, Ste 112, Eagle, Idaho 83616. Scope of Services: LISA JOHNSON COUNSELING AND CONSULTING, LLC shall perform all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2012 unless earlier terminated or extended. Indemnification and Insurance: LISA JOHNSON COUNSELING AND CONSULTING, LLC shall indemnify and save and hold harmless CITY 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 LISA JOHNSON COUNSELING AND CONSULTING, LLC, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, LISA JOHNSON COUNSELING AND CONSULTING, LLC covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Additionally, LISA JOHNSON COUNSELING AND CONSULTING, LLC shall maintain Workers Compensation Insurance, in the statutory limits as required by law. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing LISA JOHNSON COUNSELING AND CONSULTING, LLC'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY. In the event the insurance minimums are changed, LISA JOHNSON COUNSELING Human Resources Consulting Agreement -LISA JOHNSON COUNSELING AND CONSULTING, LLC— page 1 of 5 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that LISA JOHNSON COUNSELING AND CONSULTING, LLC shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, LISA JOHNSON COUNSELING AND CONSULTING, LLC shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of LISA JOHNSON COUNSELING AND CONSULTING, LLC'S records with respect to all matters covered by this Agreement. LISA JOHNSON COUNSELING AND CONSULTING, LLC shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to Human Resources Consulting Agreement -LISA JOHNSON COUNSELING AND CONSULTING, LLC— page 3 of 5 Attest: 19. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. City Clerk LISA JOHNSON COUNSELING AND CONSULTING, LLC. Lisa Johnso Principal CITY OF MERIDIAN BY: Tammy deyeerd, Mayor e�o�ptennu�� `0 �r'9 -City of SEAL d th, TRE AR6`6 Human Resources Consulting Agreement - LISA JOHNSON COUNSELING AND CONSULTING, LLC— page 5 of 5 EXHIBIT "A" Scope of Work Identified Services support the City's focus on organizational excellence / execution Services Requested The services requested by Lisa Johnson Counseling and Consulting, LLC, will include but will not be limited to the following: • Delivery of selected training curriculum for employee development • Provide ongoing support on utilization of employee training programs / curriculum • Utilize purchased curriculum and design, develop, and customize a facilitator guide, PowerPoint presentation, and worksheets/handouts for City selected training courses. Courses will utilize experiential learning techniques to engage learners and allow them to practice concepts introduced in the class. • Provide all course materials in Microsoft Word format. Course materials will be the property of the City of Meridian and will be able to be customized and utilized for different employee groups. • Dates will be determined by both the City of Meridian schedule and Lisa Johnson Counseling and Consulting availability. Roles and Responsibilities of the City of Meridian • Provide purchased curriculum and information needed to adequately customize the course for your needs. • Provide timely feedback regarding course materials regarding any revisions you wish to be made. • Provide the training goals/objectives. • Provide the training venue (location), copies of course materials, and other training materials (flipchart or white board, LDS Projector — if you would like a PowerPoint slide show to support the class), TV and DVD player. • Provide timely payment of services (within 45 days of the final service) Cost: Fee Schedule Training Facilitation: $100.00 per hour Curriculum Development / Customization $ 75.00 per hour Up to 2 revisions at no additional cost Meridian City Council Meeting _DATE: February 7, 2012 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Award of Task Order 10158 for Professional Design Services for the "Waste Water Treatment Plant Chemical Feed Facility" to SPF Water Engineering, for the Not -To -Exceed Amount of $87,000.00 and Authorize the Mayor to Sign and Clerk to Attest MEETING NOTES / ff a-l�- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Agent CC: Jacy Jones, David Allison Date: 2/2/12 Re: February 7 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 7h City Council Consent Agenda for Council's consideration. Approval of Task Order 10158 for Professional Design Services for "WASTE WATER TREATMENT PLANT CHEMICAL FEED FACILITY " to SPF Water Engineering, LLC. and authorize the Mayor to sign the Task Order for the Not -To -Exceed amount of $87,000.00.. This Task Order is issued in conjunction with the Master Agreement with MSW dated December 6, 2011, which is the result of the formal RFQ #CW -01- 2010. Recommended Council Action: Approval of Task Order 10158 and authorize the Mayor to sign for the Not -To -Exceed amount of $87,000.00. Thank you for your consideration. 0 Page 1 ENZAN�- Public IL Works Department I. H. TO: PURCHASING FROM: David Allison Staff Engineer DATE: January 26, 2012 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER 10158 FOR PROFESSIONAL SERVICES (RELATED TO THE WASTEWATER TREATMENT PLANT (WWTP) CHEMICAL FEED BUILDING) WITH SPF WATER ENGINEERING, FOR A NOT -TO -EXCEED AMOUNT OF $87,000.00, PER THE MASTER AGREEMENT DATED DECEMBER 6, 2011. PLEASE PLACE ON NEXT AVAILABLE CONSENT AGENDA DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer ................................ Clint Dolsby, Asst. City Engineer .......................... Warren Stewart, PW Engineering Manager........... Tom Barry, Director of Public Works .................... DESCRIPTION ..................489-0370 ..................489-0341 ............................................................489-0350 ............................................................ 489-03 72 A. Backeround Daring the winter months when the wastewater temperature declines, the WWTP has difficulty achieving nitrogen removal while maintaining acceptable solids removal in the secondary clarifiers and waste activated sludge (WAS) thickening in the dissolved air floatation thickener (DAFT) process. Also, excess foam has been an issue in the aeration basins. Microthrix parvicella growth (a filamentous organism) has been identified as the primary cause of the settleability and foam issues. Plant staff have attempted to solve the settleability, foaming, and nitrogen removal issues operationally, but at the low winter water temperatures a balance cannot be reliably achieved to meet each process need. Therefore, chemicals have been added to the return activated sludge (RAS) during the winter months to assist with process control. B. Proposed Project The proposed project will be to design a permanent chemical storage building and feed system needed to offer a higher level of reliability, operational control, and process efficiency. This project will replace the temporary chemical feed facilities using chemical feed pumps and storage totes located in different buildings around the plant. The Page I of 2 availability of reliable chemical addition will also allow the W WTP to provide reclaimed water that meets permit requirements during the irrigation delivery season. C. Consultant Selection SPF was chosen for this project due to their expertise and familiarity with the WWTP, as well as the current operational needs of the many processes found within the treatment system. They have also been chosen as a qualified firm to provide consultant services for wastewater collection and treatment design. They hold a Master Agreement, dated December 6, 2011 for services over $25,000.00. III. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: The design of this facility will increase plant efficiency and reliability, especially during winter months and will enable the construction to commence this fiscal year. C. Fiscal Impact: Project Costs: Total Task Order Cost $87,000.00 Available Project Funding (60-3590-92100) $750,000.00 IV. TIME CONSTRAINTS Execution of the attached task order #10158 is critical in order to complete the design and construct of this project before the next cold season. V. LIST OF ATTACHMENTS A. Task Order No. 10158 B. Purchase Order Requisition 'Warren Stewart, PE — E ' eerin Man r Tom Barry, PEG — Aublic Works D r Page 2 of 2 ?o iz Date /-30-/;z- Date TASK ORDER NO. 10158 Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND SPF WATER ENGINEERING, LLC (ENGINEER) This Task Order is made this 7th day of February, 2012 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City', and accepted by SPF Water Engineering, Inc, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2A) between the above mentioned parties dated December 6, 2011. The Project Name for this Task Order 10158 is as follows: CITY OF MERIDIAN WASTEWATER TREATMENT PLANT CHEMICAL FEED DESIGN PROJECT SCOPE OF WORK Engineer shall prepare construction plans and specifications for bidding and construction of new chemical feed facilities at the City's Wastewater Treatment Plant (WWTP). The chemical facilities are planned to feed a number of different chemicals (polymer, PaCI, sodium hypochlorite, and coagulant(s)) to the existing WWTP's secondary and tertiary treatment systems. The design will be based on the preliminary engineering report prepared for the chemical feed project. Engineer shall prepare and submit construction plans and specifications to the City and Idaho DEQ for review and approval. Engineer shall assist the City through the construction bidding process and provide construction services support. Construction services will include submittal reviews, on-site construction meetings, and site visits to coordinate construction activities with the contractor, as needed. After construction is complete, record drawings will be prepared and provided to the City and DEQ. Engineer will also assist the City with lab scale and demonstration scale testing to further define and evaluate phosphorus reduction alternatives using the existing tertiary filters. Engineer will work with City WWTP lab staff to prepare and conduct bench scale testing for defining chemical types, dose rates, and flocculation conditions to maximize phosphorus reduction. The following sub consultants are included on our project team: Lochsa Engineering — Structural Engineering Control Engineers — Electrical and Instrumentation Engineering DC Engineers — Electrical Engineering Oversight and Coordination Task Order 10158 c W WTP Chemical Feed Facilities Design Page 1 of 3 SPF Water Engineering Programming and system integration services are not included within the scope of this proposal. Engineer proposes to have the programming and system integration services provided separately by the City after the project is constructed or this scope can be included within the bid documents. PROJECT DELIVERABLES • 30 Percent Design Documents (plans and specifications) for City Review • 100 Percent Design Documents (plans and specifications) for DEQ Review and Approval • 100 Percent Design Documents (plans and specifications) incorporating DEQ comments for bidding purposes. • As -Built Plans TIME OF COMPLETION The Anticipated Project Schedule: 30 Percent Design Documents — completed within 30 days of notice to proceed 100 Percent Design Documents — completed within 30 days of receiving City comments (anticipate 4 to 6 weeks for DEQ review and approval) COMPENSATION The Not -To -Exceed amount for this Task Order No. 10158 is eighty seven thousand dollars ($87,000.00). The hourly rates for services and direct expenses are per the Master Agreement and by this reference made a part hereof. No compensation will be paid over the Not -to - Exceed amount without prior written approval by the City in the form of a Change Order. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. CITY OF MERIDIAN SPF WATER ENGINEERING, LLC BY: TAMMY de WEER AYOR BY: cKrHACOOPERI MANAGER Dated: a- I 1,-- Dated: Approved by Attest: City of CITY CLERK op SEAL b rfB °��de THE A,UaO�a Task Order 10158 c W WTP Chemical Feed Facilities Design Page 2 of 3 SPF Water Engineering Approved as to Content BY: 99 KEITH,WArM, PURC SI ANAGER Dated: ////-7— Approved as to Form CITY ATTORNEY Task Order 10158 c W WTP Chemical Feed Facilities Design SPF Water Engineering Depart e t Approv BY: WA REN STEW T. ENGINEERING MGR Dated: rXAC /1 Page 3 of 3 Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Award of Bid and Approval of Agreement for "Five Mile Creek Pathway Construction - Segment H1 Pine to Badley" to C&A Paving for the Not -To -Exceed Amount of $107,597.97 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Date: 1/26/12 Re: February 7"' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 7'" City Council Consent Agenda for Council's consideration. Award of Bid and approval of Agreement for Independent Contractor Services for Five Mile Creek Pathway Construction — Segment H1 Pine to Badlev, to the low bidder, C&A Paving Inc., for a Not -To -Exceed amount of $107,597.97. This Agreement is the result of formal Invitation for Bid #PKS-12-6003-3-10134 issued December 19th and opened January 12th 7 Bids were received. Recommended Council Action: Approval of Agreement for the Not -To -Exceed amount of the Bid Award of $107,597.97, and authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FIVE MILE CREEK PATHWAY SEGMENT H1 PINE TO BADLEY - CONSTRUCTION PROJECT # 6003-3-10134 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this day of 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and C&A Paving Company. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 4015 S. Banner St., Boise, ID 83709 and whose Public Works Contractor License # is C -10359 - AAA -2-4. INTRODUCTION Whereas, the City has a need for services involving FIVE MILE CREEK PATHWAY SEGMENT H1 - PINE TO BADLEY - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City Five Mile Creek Pathway— Segment Hi Pine to Badley Construction Page 1 of 12 reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do SO. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $107,597.97. 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Per the requirements of the CDBG Grant weekly certified payroll reports be submitted to the City of Meridian. 2.4 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Five Mlle Creek Pathway— Segment H1 Pine to Badley Construction Page 2 of 12 Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES All contract work, with the exception of the 72" culvert, must be complete and accepted by the City prior to June 15, 2012. Bid Item 601.4.1.A.11, 72" culvert must be installed prior to March 15, 2012. Contractor shall be liable to the City for any delay beyond this time period in the amount of three hundred dollars ($300.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall Five We Creek Pathway— Segment H1 Pine to Badley Construction Page 3 of 12 thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 4.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 5. Indemnification and Insurance: Five Mile Creek Pathway—Segment H1 Pine to Badley Construction Page 4 of 12 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 5.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not Five Mile Creek Pathway— Segment H1 Pine to Badley Construction Page 5 of 12 contribute with Contractor's insurance except as to the extent of City's negligence. 5.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 7. Warranty: Contractor must warrant the project per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 C & A Pavino Company, Inc Attn: Brian Callahan 4015 S. Banner St. Boise, ID 83709 208-362-4244 Idaho Public Works License #: C -10359 -AAA -2-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. Five Mile Creek Pathway—Segment Hi Pine to Badley Construction Page 6 of 12 Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of Five Mile Creek Pathway— Segment H1 Pine to Badley Construction Page 7 of 12 personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. Five Mile Creek Pathway — Segment H1 Pine to Badley Construction Page 8 of 12 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 25. CDGB GRANT REQUIREMENTS: This project is being funded by a Community Development Block Grant. The Davis -Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD -4010 Federal Labor Standards Provisions attached hereto as "Attachment C' and made a part hereof. Paragraph 2 on page 2 of 5 of HUD -4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis - Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis -Bacon Wage requirements as the general contractor. CITY OF MERIDIAN BY: / ice% TAMMY de WEE AYOR Dated: C)L" �— Approved by City Attest: CITY CLERK Approved as to Content BY: KEIT ATTS, PURCHASING MANAGER Dated: 11,2,&112- Approved 1,2,&112 Approved as to Form CITY ATTORNEY City of 'fib, To C & A PAVING COMPANY, INC Department Approval BY:��^— NAME: 41e TITLE: IitYecio�F Pc�t<s ��-c Dated: I L I L Five We Creek Pathway— Segment H7 Pine to Badley Construction Page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-12-6003-3-10134 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-12-6003-3-10134, are by this reference made a part hereof. Five Mlle Creek Pathway— Segment H7 Pine to Badley Construction Page 10 of 12 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $107,597.97. Five Mile Creek Pathway— Segment 1-11 Pine to Badley Construction Page 11 of 12 PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIVE MILE CREEK PATHWAY — SEGMENT H1 — PINE TO BADLEY - CONSTRUCTION per IFB PKS-12-6003-3-10134 Total Bid Schedule ...................$107,597.97 CONTRACT TOTAL ....................... $107.597.97 ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY. Item No. Item Description Unit Price 201.4.1.A.1 CLEARING AND GRUBBING $1,800.00 201.4.1.C.1 REMOVAL OF OBSTRUCTIONS $1,900.00 204.4.3.A.1 COMPACTING BACKFILL (PLAN QUANTITY) $5.00 601.4.1.A.11 72° CULVERT IRRIGATION PIPE, CLASS 12 $330.00 GAUGE CORRUGATED GALVANIZED STEEL 706.4.1.F.1 CONCRETE DRIVEWAY APPROACH $36.00 706.4.1.A.5 CURB TERMINUS $51.00 706.4.1.H.1 PEDESTRIAN RAMP WDETECTABLE WARNING $7,200.00 DOMES, TYPE (ACHD) B3 706.4.1.H.1 PEDESTRIAN RAMP w/DETECTABLE WARNING $480.00 DOMES, TYPE C3 801.4.1.A.1 3" MINUS UNCRUSHED AGGREGATE (DRAIN $17.00 ROCK) Five Mile Creek Pathway— Segment 1-11 Pine to Badley Construction Page 11 of 12 802.4.1.8.1 CRUSHED AGGREGATE FOR BASE TYPE 1 $12.00 810.4.1.A.1 CLASS "C' PLANT MIX PAVEMENT $68.00 1003.4.1.C.1 SILT FENCE $1.85 1006.4.1.C.1 INLET PROTECTION $65.00 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL $300.00 1134.05.18 PAVEMENT MARKINGS (THERMOPLASTIC) $9.00 1135.01.01 ROADSIDE TRAFFIC SIGN INSTALLATION (ONE METAL POST) $275.00 2010.4.1.A.1 MOBILIZATION $5,695.97 2050.4.1.A.1 DRAINAGE GEOTEXTILE $1.50 SP -100 PEDESTRIAN BRIDGE $7,600.00 SP -200 PATHWAY BOLLARD INSTALLATION $300.00 SP -600 STORMWATER MANAGEMENT $1,000.00 SP -700 MODIFIED 6" VERTICAL CURB AND GUTTER $12.25 SP -750 EXTRUDED CEMENT CONCRETE CURB $11.25 SP -780 DETECTABLE WARNING DOMES $310.00 SP -1000 CONSTRUCTION STAKING $2,400.00 SP -2001 ACCESS GATE INSTALLATION $820.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. Five Mile Creek Pathway —Segment H1 Pine to Badley Construction Page 12 of 12 Attachment C HUD -4010 Federal Labor Standards Provisions U.S. Department of Housing and Urban Development Office of Labor Relations Previous editions are obsolete form HUD -4010 (06/2009) ref. Handbook 1344.1 Applicability The Project or Program to which the construction work covered by this contract pertains Is being assisted by the United States of America and the following Federal Labor Standards Provisions are included in this Contract pursuant to the provisions applicable to such Federal assistance. A.1. (1) Minimum Wages. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR Part 3), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under Section I(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of 29 CFR 5.5(a)(1)(Iv); also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs, which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under 29 CFR 5.5(a)(1)(ii) and the Davis -Bacon poster (WH -1321) shall be posted at all times by the contractor and its subcontractors al the site of the work in a prominent and accessible, place where it can be easily seen by the workers. (it) (a) Any class of laborers or mechanics which is not listed In the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. HUD shall approve an additional classification and wage rate and fringe benefits therefor onlywhen the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction Industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (b) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and HUD or its designee agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by HUD or its designee to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, D.C- 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise HUD or its designee or will notify HUD or Its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB control number 1215-0140.) (c) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and HUD or its designee do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), HUD or Its designee shall refer the questions, including the views of all interested parties and the recommendation of HUD or its designee, to the Administrator for determination. The Administrator, or an authorized representative, will Issue a determination within 30 days of receipt and so advise HUD or Its designee or will notify HUD or its designee within the 30 -day period that additional time is necessary. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) (d) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii)(b) or (c) of this paragraph, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (III) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis - Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (Approved by the Office of Management and Budget under OMB Control Number 1215-0140.) 2. Withholding. HUD or Its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other Federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract In the event of failure to pay any laborer or mechanic, including any apprentice, trainee or helper, employed or working on the site of the work, all or part of Five Mile Creek Pathway— Segment H1 Pine to Badley Construction Page 13 of 16 the wages required by the contract, HUD or its designee may, after written notice to the contractor, sponsor, applicant, or owner, take such action as maybe necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. HUD or its designee may, after written notice to the contractor, disburse such amounts withheld for and on account of the contractor or subcontractor to the respective employees to whom they are due. The Comptroller General shall make such disbursements in the case of direct Davis -Bacon Act contracts. 3. (1) Payrolls and basic records. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rales of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in Section I(b)(2)(B) of the Davis -bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5 (a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost Incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (Approved by the Office of Management and Budget under OMB Control Numbers 1215-0140 and 1215-0017.) (ii) (a) The contractor shall submit weekly for each week In which any contract work is performed a copy of all payrolls to HUD or Its designee if the agency Is a party to the contract, but if the agency is not such a parry, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or its designee. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i) except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to Include an Individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll Information may be submitted in any form desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web site at hlfpYAvww.dol gov/esa/whdlforms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to HUD or its designee if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the applicant sponsor, or owner, as the case may be, for transmission to HUD or Its designee, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an Investigation or audit of compliance with prevailing wage requirements. It is not a violation of this subparagraph for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to HUD or its designee. (Approved by the Office of Management and Budget under OMB Control Number 1215-0149.) (b) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under 29 CFR 5.5 (a)(3)(11), the appropriate information is being maintained under 29 CFR 5.5(a)(3)(i), and that such information is correct and complete;(2) That each laborer or mechanic (Including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full. wages earned, other than permissible deductions as set forth in 29 CFR Part 3; (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (c) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of Compliance" required by subparagraph A.3.(ii)(b). (d) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under subparagraph A.3.(i) available for inspection, copying, or transcription by authorized representatives of HUD or its designee or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, HUD or its designee may, after written notice to the contractor, sponsor, applicant or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and Trainees. (f) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered In the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor Is performing construction on a project In a locality other than that In which Its program Is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rale specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified In the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program Five Mile Creek Pathway—Segment H1 Pine to Badley Construction Page 14 of 16 does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program Is approved. (if) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant',to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (Ili) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under 29 CFR Part 5 shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part 30. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR Part 3 which are incorporated by reference in this contract 6. Subcontracts. The contractor or subcontractor will Insert in any subcontracts the clauses contained In subparagraphs 1 through 11 in this paragraph A and such other clauses as HUD or its designee may by appropriate instructions require, and a copy of the applicable prevailing wage decision, and also a clause requiring the subcontractors to include these clauses In any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses In this paragraph. 7. Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis -Bacon and Related Act Requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein incorporated by reference in this contract 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and HUD or its designee, the U.S. Department of Labor, or the employees or their representatives. 10. (1) Certification of Eligibility. By entering into this contract the contractor certifies that neither it (nor he or she) nor any person or firm who has an Interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFP Part 24. (II) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of Section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1) or to be awarded HUD contracts or participate in HUD programs pursuant to 24 CFR Part 24. (Ili) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. Additionally, U.S. Criminal Code, Section 1 010, Title 18, U.S.C., "Federal Housing Administration transactions", provides in part: "Whoever, for the purpose of ... influencing in any way the action of such Administration..... makes, utters or publishes any statement knowing the same to be false..... shall be fined not more than $5,000 or imprisoned not more than two years, or both." 11. Complaints, Proceedings, or Testimony by Employees. No laborer or mechanic to whom the wage, salary, or other labor standards provisions of this Contract are applicable shall be discharged or in any other manner discriminated against by the Contractor or any subcontractor because such employee has filed any complaint or instituted or caused to be instituted any proceeding or has testified or is about to testify In any proceeding under or relating to the labor standards applicable under this Contract to his employer. B. Contract Work Hours and Safety Standards Act. The provisions of this paragraph B are applicable where the amount of the prime contract exceeds $100,000. As used in this paragraph, the terms "laborers" and "mechanics" include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which the individual is employed on such work to work in excess of 40 hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of 40 hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in subparagraph (1) of this paragraph, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in subparagraph (1) of this paragraph, In the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by the clause set forth In sub paragraph (1) of this paragraph. Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contract, or any other Federally - Five Mile Creek Pathway — Segment Hi Pine to Badley Construction Page 15 of 16 assisted contract subject to the Contract Work Hours and Safety Standards Act which is held by the same prime contractor such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in subparagraph (2) of this paragraph. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in subparagraph (1) through (4) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in subparagraphs (1) through (4) of this paragraph. C. Health and Safety. The provisions of this paragraph C are applicable where the amount of the prime contract exceeds $100,000. (1) No laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous to his health and safety as determined under construction safety and health standards promulgated by the Secretary of Labor by regulation. (2) The Contractor shall comply with all regulations issued by the Secretary of Labor pursuant to Title 29 Part 1926 and failure to comply may result in imposition of sanctions pursuant to the Contract Work Hours and Safety Standards Act, (Public Law 91-54, 83 Stat 96). 40 USC 3701 et seq. (3) The contractor shall include the provisions of this paragraph in every subcontract so that such provisions will be binding on each subcontractor. The contractor shall take such action with respect to any subcontractor as the Secretary of Housing and Urban Development or the Secretary of Labor shall direct as a means of enforcing such provisions. Previous editions are obsolete. Form HUD -4010 (06-2009) ref. Handbook 1344.1 Five Mile Creek Pathway—Segment H1 Pine to Badley Construction Page 16 of 16 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Approval of a Multi -Use Pathway Easement for Walmart located at Overland/Stoddard MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 i BOISE IDAHO 02/08112 01:20 PM DEPUTY Lisa Batt RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIII III Meridian City 112011 X46 Meridian (S), ID #3093-00 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of Februq,. 2012, between WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust, hereinafter referred to as "Grantor", and the CITY OF MERIDIAN, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a non-exclusive public pedestrian pathway; and WHEREAS, the Grantee desires the Grantor to grant the City a non-exclusive public pedestrian easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW THEREFORE, the Grantor does hereby grant unto the Grantee a non-exclusive public pedestrian pathway easement on the following property, described on Exhibit "A" and p depicted on Exhibit "B" attached hereto and incorporated herein (the "Easement Area"). The easement hereby granted is for the purpose of providing public pedestrian recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever and shall be a burden upon the Easement Area and shall run with the land. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Grantor shall have the right to use the Easement Area for any purpose as long as Grantor's uses are not in conflict of Grantee's pedestrian access. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. 1637531.2 1/12/2012 1 THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street then to such extent such easement hereby granted which lies within such boundary thereof or which is apart thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. In its use of the Easement Area, Grantee hereby covenants and agrees to comply in all an respects with and all federal, state and local statutes, laws, ordinances, codes, policies, rules p Y and regulations. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. [SIGNATURE PAGES FOLLOW] 1637531.2 1/12/2012 2 GRANTOR: WAL-MART REAL ESTATE BUSINESS TRUST, a Delaware statutory trust 1V Date: /—/ 7- C-2jtic� State ofddjl� County of galL) The foregoing inst t w s acknowledged before me this 17-6//uday of (:ylij — 20�, by �. ,the Vice President of Real E e of Wal- art Real Estate Busines rust, a Delaware statutory trust, on behalf of the trust. (Seal and Expiration Date) Jane Bennett County of Benton Not Public -Arkansas My Commission Exp. 03/13/2012 1637531.2 1/12/2012 No r ublic GRANTEE: THE CITY OF MERIDIAN STATE OF IDAHO ) ss. County of Ada ) On this -1 day of Fi,6v-v0.� 20_�2, before me, f�A c a ,jon �,�, a Notary Public in and for the state of Idaho, personally appeared T m nn��e We �_mown or identified to me to be the "4cle for the dity of Meridian, the person who executed this instrument of behalf of said City, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above Written. •' oly "•, Not Public for the State of Idaho , Residing at 1-Aok +r1 , Ida ,4My Commission expires.JA in Ll ~� A *111 0 �ft- *ilea*** 1637531.2 1/12/2012 4 EXHIBIT A Le�_IQescription Easterly Pedestrian Pathway Easement -Meridien (S) Store - #3093 An easement being located in portion of the NW % of the NE % of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a 5/8 inch diameter Iron pin marking the northeast corner of said NW % of the NE %, from which a brass cap monument marking the northwest corner of said NW % of the NE % bears N890471 7"W a distance of X1309.33 feet', Thence S 004415" W along the easterly boundary of said NW % of the NE % a distance of 246.75 feet to a 5/8 inch diameter iron pin Thence leaving said easterly boundary N 89047'17" W a distance of 20.00 feet to the POINT OF BEGINNING; Thence S 004415" W a distance of 481.75 feet to a point; Thence N 8904716" W a distance of 30.00 feet to a point, Thence S 0012'44" W a distance of 55.00 feet to a point on the northerly boundary of Bear Creek Subdivision No. 2 as shown in Book 83 of Plats on Page 9166, records of Ada County, Idaho; Thence N 89047'17" W along the northerly boundary of said Bear Creek Subdivision No. 2 a distance of 8.00 feet to a point; Thence leaving said northerly boundary N 0012'44" E a distance of 63.00 feet to a point; Thence S 89047'17" E a distance of 30.08 feet to a point; Thence N 004415" E a distance of 443.76 feet to a point; Thence S 89047'17" E a distance of 8.00 feet to the POINT OF BEGINNING; This parcel contains 4,293 square feet (0,099 acres) and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC December 22, 2011 1637531.2 1/12/2012 5 Le.01 Desaiaion, Westerly Pedestrian Pathway Easement - Meridian (S) Store - #3093 A parcel being a portion of the NW Y4 of the NE %of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap I monument marling the northwest corner of said NW % of the NE A, from which a 5/8 inch diameter iron pin marking the southwest corner of said NW % of the NE % bears S 00151'13" W a distance of 1317.47 feet; Thence S 0051'13" W along the westerly boundary of said NW % of the NE % a distance of 67.67 feet to a point; Thence leaving said westerly boundary S 89008'47" E a distance of 30.00 feet to a 5/8 inch diameter iron pin and the POINT OF BEGINNING; Thence N 47041'54" E a distance of 10.97 feet to a point; Thence S 0051'113" W a distance of 692.92 feet to a point on the northerly boundary of Bear Creek Subdivision No. 1 as shown in Book 82 of Platson Page 8984, records of Ada County, Idaho, Thence l 89047'17" W along said northerly boundary a distance of 13.00 feet to a 5/8 inch diameter iron pin on the easterly right-of-way of S. Stoddard Rd.; Thence N 0051'13" E along said easterly right-of-way, being 25.00 feet easterly of and parallel to the westerly boundary of said NW % of the NE %, a distance of 164.87 feet to a 5/8 inch diameter iron pin-, Thence S 89047'17" E along said easterly right-of-way a distance of 5.00 feet to a 5/8 inch diameter iron pin; Thence N 0051'13" E along said easterly right-of-way, being 30.00 feet easterly of and parallel to the westerly boundary of said NW % of the NE %, a distance of 520,64 feet to the POINT CSF BEGINNING; This parcel contains 6,339 square feet (0.146 acres) and is subject to any easements existing or in use. Clinton W. Hansen, PLS .and Solutions, PC December 22, 2011 1637531.2 1/12/2012 6 �\Q,�p,1. LANfls %W10V - 0: 0 CL. 1111.8 X (P t OF T 0 W EXHIBIT B 1637531.2 1/12/2012 7 ...{........ ...... ..... .. i.i+ ...::Y..• i. ... . .. , „{, .. . .... ........... _....:v....... .+.,s .... ............ .. '.n:, .....:.. + :::.•.:.... ... .. . , . .. .. r.. n..v 'C' n ...... .. :. :... .... . ...... .. f. :... ,f. .... < Ico 3 M r -� DO etn r , A f �M M r t - �:m f 8 A. Cf){ !• L.1-1 1 Loon t f } }. I CD/ t -. f ! i + /f. f tf if •,f w S R.0 .; : { wk i x' r I ..:::...:.............. { ...... ::........:.....................:...........:................. ....:.:... .. ... .. .......... �y .... •k.: "" ... ............. ..... .. ....:.... ... . .. I: I � 00 �..' rWommr so w.w r r1 r i mom- ,. m -! rte} EW i r �h. _;..j .: :: �xree «saws aeeeea� »eaoeeas aaeeeer »waaos :::...:.......................... xxN i E( 1637531.2 1/12/2012 7 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5J PROJECT NUMBER: ITEM TITLE: Memorandum of Understanding Between the Meridian Speedway and the City of Meridian Regarding a Joint Presentation of the July 4, 2012 Event for a City Contribution Amount Not -to -Exceed $6,000.00 and a Meridian Speedway Contribution Amount of $6,000.00 for a Total Not -to -Exceed Amount of $12,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF MERIDIAN AND MERIDIAN SPEEDWAY REGARDING JOINT PRESENTATION OF JULY 49 2012 EVENT This MEMORANDUM OF UNDERSTANDING (hereinafter "MOU") is made this day of January, 2012 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Hwy 16, LCC, dba Meridian Speedway, a limited liability company organized under the laws of the State of Idaho ("Speedway"). WHEREAS, City and Speedway are mutually interested in enhancing recreational, entertainment, and special event opportunities within the Meridian community, particularly as it relates to the community's celebration of Independence Day; WHEREAS, Storey Park, a public park held by the City of Meridian located on the northeast corner of Main Street and Franklin Road in Meridian, Idaho, and the Meridian Speedway, a private facility located at 335 S. Main Street in Meridian, Idaho, are adjacent properties, thereby producing an opportunity for citizens to enjoy diverse recreational opportunities in one general location; WHEREAS, City and Speedway recognize that through their cooperation, the parties' adjacent facilities and respective efforts can be used together to provide a larger, longer, and more advantageous event than either facility or party can provide separately; WHEREAS, the parties intend to work in this cooperative spirit to plan, publicize, and execute an event with activities for the public in both Storey Park and the Speedway on July 4, 2012; WHEREAS, the parties seek by this MOU to describe the parties' respective commitments and intentions, both to clarify such commitments and intentions as they relate to the July 4, 2012 event, and also to prepare a framework for future cooperative events as the parties may jointly desire; WHEREAS, City and Speedway find that it is fiscally responsible and in the best interest of the community to sharing the costs and benefits of the July 4, 2012 event as set forth herein; NOW, THEREFORE, in consideration of the mutual understandings herein contained, and in consideration of the recitals above, City and Speedway agree as follows: I. CITY'S COMMITMENTS A. Monetary Contribution. City shall commit six thousand dollars ($6,000.00) for the purpose of purchasing fireworks to be discharged on July 4, 2012 in the fireworks display to be presented by Fireworks and Stage FX of America from inside the Speedway. City will remit this amount directly to Fireworks and Stage FX of America, whose address is P.O. Box 488, Lakeside, California 92040. B. Public Special Event in Storey Park. City shall plan and present a special event with a schedule of activities to be open to the public in Storey Park on July 4, 2012, from approximately 3:00 p.m. to 10:00 p.m. MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2012 EVENT PAGE 1 of 4 C. Promotion of Event. City shall promote the July 4, 2012 event in its promotional materials, including the City newsletter, City website, and banners to be placed in Storey Park. In such materials the City will reference the activities available at the Speedway as part of such event. D. Post -Event Review. City agrees to meet with Speedway between July 6, 2012 and November 1, 2012 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2013. II. SPEEDWAY'S COMMITMENTS A. Presentation of Public Fireworks Display. Speedway will present a public fireworks display on July 4, 2012 shortly after dark, i.e., at approximately 10:00 p.m. This commitment shall include the following: 1. Speedway shall engage Fireworks and Stage FX of America to present the public fireworks display on July 4, 2012. 2. Speedway shall contribute at least six thousand dollars ($6,000.00) to the presentation of the public fireworks display. Speedway shall remit this amount directly to Fireworks and Stage FX of America. 3. The public fireworks display shall be staged and executed inside the Speedway facility, but shall include aerial fireworks that shall be visible from Storey Park. 4. Speedway shall obtain, or shall ensure that Fireworks and Stage FX of America has obtained, all necessary permits for such display, including, but not necessarily limited to, a City of Meridian Public Fireworks Display Permit. City shall not waive the fee for such permit as such fee is established by state law. B. Promotion of Event. Speedway shall promote the July 4, 2012 event in its promotional materials, including its racing schedule, and in such materials will reference the activities available at Storey Park as part of such event. Speedway shall not utilize the City of Meridian logo without the express, written permission of the City of Meridian Mayor's Office. C. Post -Event Review. Speedway agrees to meet with City between July 6, 2012 and November 1, 2012 in order to review the event, discuss any problems that may have arisen, and identify possible changes for an improved joint Independence Day event on July 4, 2013. III. NOTICES Communication between City and Speedway may occur via e-mail, facsimile, 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 via U.S. mail to: City: City of Meridian Speedway: Adam Nelson, General Mgr. Attn: Colin Moss, MPR Meridian Speedway 33 E. Broadway Avenue 335 S. Main Street Meridian, Idaho 83642 Meridian, Idaho 83642 MOU BETWEEN CITY AND SPEEDWAY -JULY 4, 2012 EVENT PAGE 2 of 4 IV. ACKNOWLEDGMENTS The parties hereto specifically acknowledge that, in consideration for the commitments set forth herein, the following provisions shall apply: A. Contributions cumulative. It is understood by the parties that the monetary contributions of each party shall be separately and respectively made to Fireworks and Stage FX of America, and that the cumulative monetary payment made to Fireworks and Stage FX of America by the parties shall therefore total twelve thousand dollars ($12,000.00). B. Speedway Sponsorship. It is understood that Speedway will be allowed to secure a title sponsor for the races on July 4a', 2012 to help offset Speedway's race costs. The billing for the event in promotional material shall read, "[Sponsor Name] Firecracker 150 with Fireworks Presented by the City of Meridian." Due to the fact that the title sponsor will be affiliated with the City of Meridian through the joint event, Speedway's title sponsor may not be a business who sells alcohol or tobacco. C. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within five (5) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. D. Assignment. Except as otherwise specifically set forth herein, City shall not assign or sublet all or any portion of City's commitments as set forth herein or any privilege or right hereunder without the prior written consent of Speedway. Except as otherwise specifically set forth herein, Speedway shall not assign or sublet all or any portion of Speedway's commitments as set forth herein or any privilege or right hereunder without the prior written consent of City. This MOU and each and all of the terms and conditions hereof shall apply to the respective organizations, legal representative, successors, and assigns of the parties. E. No agency or employment. Neither Speedway nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents or employees of City in any manner or for any purpose whatsoever. F. Indemnification. Speedway and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall indemnify and save and hold harmless City 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 Speedway or any Speedway employee, agent, contractor, official, officer, servant, guest, and/or invitee, at or in its use of Storey Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of its premises. G. Compliance with laws. In performing the scope of services required hereunder, City and Speedway shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2012 EVENT PAGE 3 OF 4 H. Term of MOU. This MOU shall become effective as of the Effective Date upon execution by both parties, and shall expire immediately upon the conclusion of the July 4, 2012 event unless earlier terminated or extended in the manner as set forth in this MOU. I. Termination. Grounds for termination of this MOU shall include, but shall not be limited to: an act or omission by either party which breaches any term of the MOU; an act of nature or other unforeseeable event which precludes or makes impossible the performance either party's respective commitments; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing five (5) calendar days advance written notice of intention to terminate. Such written notice shall include a description of the circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this MOU shall automatically terminate. J. Construction and Severability. If any part of this MOU is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of the MOU so long as the remainder is reasonably capable of completion. K. Entire Agreement. This MOU contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. L. Applicable Law. This MOU and all activities occurring hereunder shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. V. APPROVAL REQUIRED. This MOU shall not become effective until approved by the respective governing bodies of both City and Speedway. 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. MERIDIAN SPEEDWAY: BY: _ Adam Nelson General Manager, Meridian Speedway CITY OF MERIDIAN: Tammy Mayor Date ED AUCLsr City of SEAL 6 fde TAF�s�% /- Ir- -iz Clerk MOU BETWEEN CITY AND SPEEDWAY - JULY 4, 2012 EVENT PAGE 4 of 4 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5K PROJECT NUMBER: AZ 11-001 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C%VER)IAN -- iDaHo In the Matter of the Request for Annexation & Zoning of 116.25 Acres of Land with TN -C (25.96 Acres), C -C (63.12 Acres), and H -E (27.17 Acres) Zoning Districts for the Ten Mile Annexation Project, Located on the Northwest Corner of 1-84 and S. Ten Mile Road, by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC. Case No(s). AZ -11-001 For the City Council Hearing Date of. January 17, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 6, 2011, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -11-001 -1- 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 Planning 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 December 6, 2011, 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 is hereby approved with the requirement for separate development agreements for each property containing the provisions listed in the attached Staff Report for the hearing date of December 6, 2011, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 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 December 6, 2011 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -11-001 -2- By action of the City Council at its regular meeting held on the _ day of 2012. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD VOTED VOTED VOTED VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B Dated:$ / Cr Jerk' � e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -11-001 -3- STAFF REPORT TO: FROM: SUBJECT: L SUMMARY ] EXHIBIT A Hearing Date: December 6, 2011 Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 AZ -11-001 —Ten Mile Annexation (:�/Vl E IAN* IDAHO OF APPLICANT'S REQUEST The applicants & property owners, Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC, have applied to annex and zone a total of 116.25 acres of land with a C -G zoning district. The applicant has submitted a conceptual layout for collector streets within the site based upon the transportation system map in the Ten Mile Interchange Specific Area Plan (TMISAP). Neither a conceptual development plan for the overall site nor for the individual properties has been submitted. See Section 10 of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends denial of the proposed AZ application and zoning as proposed by the applicant based on the Findings of Fact and Conclusions of Law in Exhibit D. In the alternative, staff has proposed other zoning that could be supported. (See analysis in Sections VII and IX for more information) the subiect AZ request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions ii. In opposition: None iii. Commenting: Chris Penland jJjU iv. Written testimony: Brad Boe; Kevin Shreeve: Richard & Patsy Fedrizzi v. Staff presenting application: Sonya Watters A. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. The consistency of the proposed C -G zoning in regard to the intent of the Ten Mile Interchange Specific Area Plan and the future land use designations for the property: ii. The appropriateness of C -G zoning directly adjacent to residential without a development plan (no transition in zonin2tuses). c. Key Commission Changes) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Ten Mile Annexation AZ -11-001 PAGE 1 'TXW.TffqnWn1 --- w2c. I I111I SLI. ir_ 1111 11 L11 jJjU 1 11 I' 1' X 1 1• Ten Mile Annexation AZ -11-001 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -11- 001, as presented during the hearing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ -11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ -11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northwest corner of I-84 and S. Ten Mile Road and extends to % mile south of W. Franklin Road on the west side of Ten Mile, in the east % of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 1215131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Ten Mile Annexation AZ -11-001 PAGE 2 1111 1,' 1 ! 11 11 • 111 11 _'AWW11 I I I '1 '11'1 ll1 I11 II I' . III--, 'I 1 I' I' -- III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number AZ -11- 001, as presented during the hearing on December 6, 2011. Denial After considering all staff, applicant and public testimony, I move to recommend denial to the City Council of File Number AZ -11-001, as presented in the staff report for the hearing date of December 6, 2011, for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Number AZ -11-001 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the northwest corner of I-84 and S. Ten Mile Road and extends to % mile south of W. Franklin Road on the west side of Ten Mile, in the east % of Section 15, Township 3 North, Range 1 West. (Ada County Assessor Parcel #'s: S 1215131200; S 1215417210; 51215417400) Owner(s): Janicek Properties, LLC 270 E. Connemara Lane Eagle, ID 83616 Fedrizzi Ten Mile, LLC 3026 S. Whitepost Way Eagle, ID 83616 SJJV, LLC 360 E. Montvue Drive, Ste. 100 Meridian, ID 83642 C. Applicant: Same as owners D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 Ten Mile Annexation AZ -11-001 PAGE 2 EXHIBIT A Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: July 4, and 18, 2011 (Commission); September 12, and 26, 2011 (City Council) C. Notices mailed to subject property owners on: July 23, 2011 (Commission); September 8, 2011 (City Council) D. Applicant posted notice on site(s) on: July 11, 2011 (Commission); September 24.2011 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of agricultural property currently zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Agricultural land [approved for future residential uses (Baraya Sub.)], zoned R-8, R- 15, and R-40; and agricultural land, zoned RUT in Ada County. 2. East: Agricultural land, zoned RUT in Ada County. 3. South: Interstate 84; and agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C -C, M -E, and H -E. 4. West: Agricultural land [approved for future commercial, employment, and residential uses (Meridian Crossing)], zoned R-40, C -C, M -E, and H -E. C. History of Previous Actions: None for the subject property. Other properties/projects in the Ten Mile area that have been zoned consistent with the FLUM designation contained in the TMISAP are as follows: • Meridian Crossing (AZ -09-008) — This property consists of 115.26 acres and was annexed with C -C (48.59 acres); H -E (27.27 acres); M -E (22.57 acres); and R-40 (16.83 acres) zoning consistent with the FLUM designations of MHDR, MUC, HDE, and ME. • Baraya Subdivision (AZ -06-061) — This property consists of 95.57 acres and was annexed with R-8 (28.17 acres), R-15 (54.13 acres), and R-40 (13.26 acres) zoning consistent with the FLUM designations of MDR, MHDR, and HDR. • Silver Oaks aka Avendale Apartments (AZ -05-016) — This property consists of 24.61 acres and was annexed with R-15 zoning consistent with the FLUM designation of MHDR. • Southridge 31 (AZ -08-016) — This property consists of 36.27 acres and was annexed with M- E zoning consistent with the FLUM designation of ME. • Southridge (AZ -06-031, RZ-08-008, AZ -09-009) - This property consists of 300+ acres and is zoned R-2, R-4, R-8, TN -R, TN -C, L -O, C -C, and M -E and consistent with the FLUM designations of MDR, MHDR, MUC, PARK, CIVIC, and ME. Ten Mile Annexation AZ -Il -001 PAGE EXHIBIT A • Barletta Subdivision (AZ -10-002) — This property consists of 5.94 acres and was annexed with Rl zoning consistent with the FLUM designation of LDR. D. Utilities: 1. Public Works: a. Location of sewer: 36 inch sewer trunk main located near the Purdam Drain on the North East side of the subject property. b. Location of water: Ten Mile Rd and W Franklin Road. c. Reclaimed water is available to this site and located in S Ten Mile Road. d. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Purdam Drain bisects the northern parcel (Janicek's property) and extends to Ten Mile Road across the northern portion of the Fedrizzi property; other smaller ditches/canals traverse the property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within a floodplain. VIL COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of future businesses and residents (pg. ix). The Future Land Use Map (FLUM) contained in the TMISAP collectively designates the subject properties for Medium High Density Residential (MHDR), Mixed Use Commercial (MUC), Mixed Use Residential (MUR), Green Space and Parkland (PARK), and High Density Employment (HDE) uses. The designations for the individually owned parcels are broken down as follows: Janicek property (northern 80.62 acre parcel): MUR (40.7 +/- acres); MHDR (2.22 +/- acres); MUC (30.17 +/- acres); and PARK (6.8 +/- acres) Fedrizzi Ten Mile property (central 5.11 acre parcel): HDE (2.14 +/- acres); MUC (1.04 +/- acres); and PARK (1.77 +/- acres) SJJV property (southern 30.52 acre parcel): HDE (28 +/- acres); MUC (5 +/- acres) The applicants propose to annex all three of the subject properties with a C -G (General Retail and Service Commercial) zoning district. The C -G district represents the largest scale of the commercial districts and allows the broadest mix of retail, office, service, and light industrial uses. Staff is of the opinion this designation is more appropriate in areas with a Commercial or Lifestyle Center FLUM designation because of the more intense types of commercial uses desired in those areas and does not support C -G zoning of the property. Staff has included analysis below on each of the FLUM designations for this site and has recommended a zoning district that staff believes is compatible with the associated land use designation and the TMISAP for this area. Ten Mile Annexation AZ -11-001 PAGE 4 1CON IIIClYII_� Consistent with sound planning principals, future zoning should be consistent with the future land use designations of the Comprehensive Plan. Staff is of the opinion the integrity of the Plan should not be modified to address what may be perceived as the highest and best use of individual properties. Consistent with past land use decisions in the Ten Mile planning area, zoning of the property should be consistent with the FLUM (see Section V1. C for details). LAND USE DESIGNATIONS: MHDR: These areas are recommended primarily for relatively dense multi -family housing types such as row houses, townhouses, condominiums, and apartment buildings and complexes. M11DR areas should include a mix of housing types that achieve an overall average target density of 12 dwelling units per gross acre with a range from 8-15 units per acre. (Seepages 3-6 & 3-7 in the TMISAPfor more information) The FLUM designates approximately 2.22 acres at the northwest corner of this site for MHDR uses. The adjacent property to the west is zoned R-40 and is intended to develop with a mix of apartments, condos, and townhomes; the adjacent property to the north is zoned R-15 and intended to develop with single-family residential uses (townhomes & alley -loaded lots), consistent with the MHDR designation. The use of the subject property was intended to tie in with these properties but is separated on the west by the Purdam Drain, a year round waterway that is proposed to remain open, as well as a strip of land designated for PARK uses that is intended to include a section of the City's multi -use pathway. The applicant proposes C -G zoning for this property which requires conditional use approval for multi family developments and prohibits single-family attached, two family duplex, and townhouse dwellings all desired uses in the MHDR category. As mentioned above, Staff recommends an alternative to the C -G zoning proposed by the applicant that staff is of the opinion is more appropriate for this area. The TN -C zoning district allows all of the aforementioned uses as principal permitted uses, except two-family dwelling duplexes which require conditional use approval. Because of the small size of the MHDR designated property and the physical separation of this property from the property to the west by the Purdam Drain, staff feels it more appropriate to zone this portion TN -C (rather than R-40 or R-15, or the C -G district in which all residential uses except multi family are prohibited) consistent with Staffs recommended zoning of the adjacent MUR designated property to the east. Development on this portion of the site should be compatible with the planned residential uses to the north and west. MUR: These areas are intended to encourage a diversity of compatible land uses that may include a mix of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. Developments are required to integrate the three major use categories — residential, commercial, and employment. Live -work units are strongly encouraged in MUR areas as are a variety of other housing types. Office, employment and commercial areas are generally small in scale and focused on neighborhood services within these areas. Traditional neighborhood design concepts are essential. The mix of uses should allow for a diversity of housing with for -sale and rental properties. The goal in these areas is to achieve a FAR of 0.75 or more. This land use designation calls for an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects. The FLUM designates approximately 40.07 acres of this site for MUR uses. The adjacent property to the north is designated for HDR (High Density Residential) uses; a portion of which is zoned R-40 and the remainder is yet to be annexed. The property to the northwest is designated for MHDR uses and is zoned R-15 & R-40. Ten Mile Annexation AZ -I1-001 PAGE 5 EXHIBIT A Again, the applicant proposes C -G zoning for this property which requires conditional use approval for multi family developments and prohibits single-family detached/attached, two-family duplex, and townhouse dwellings — all essential uses in the MUR category which focuses on residential uses. Vertically integrated residential projects are principally permitted in the C -G district. Office, employment and commercial areas in the C -G district are not limited in scale and are not focused on neighborhood services as desired in MUR areas. Additionally, maximum building height in the C -G district is 65 feet, which could result in larger scale commercial uses than desired in MUR areas as office, employment and commercial uses are generally small in scale and focused on neighborhood services within MUR areas. The TN -C district allows all of the aforementioned uses in addition to office and retail uses as principalpermitted uses; two-family dwelling duplexes and recreational facilities require conditional use approval. Because the focus in MUR areas is on residential uses and most residential uses are either prohibited or conditional uses in the C -G district, Staff is of the opinion the TN -C district is more appropriate and consistent with the MUR designation and the intent of the TMISAP for this area. Also, the maximum building height in the TN -C district is 45 feet and the maximum building footprint is 20,000 square feet; however, other than retail, all other uses may be allowed a greater footprint through the conditional use process — this helps to limit the scale of development & directs the focus to neighborhood services rather than larger scale commercial uses within these areas. Finally, the zoning district compatibility matrix contained in the TMISAP lists the TN -C district as the best zoning choice for MUR designated areas. Therefore, staff recommends a TN -C zoning district for all of the MUR designated area. MUC: These areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. Traditional neighborhood design concepts with a strong pedestrian - oriented focus are essential. The goal in these areas is to achieve a floor area ratio (FAR) of 1.00-1.25 or more. The MUC designation calls for an overall target density of 5-12 dwelling units per acre, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MUC designation should be used for residences. (See page 3-9 in the TMISAP for more information.) The FL UM designates approximately 36.21 acres of this site for MUC uses. The adjacent property to the west and south, also designated MUC, is zoned C -C and is proposed to develop with ground level retail with residential above consistent with the MUC designation. The applicant's proposed C -G zoning of this property allows office, retail, vertically integrated residential projects, and recreational facilities as principalpermitted uses in the district but requires conditional use approval of multifamily developments and prohibits single-family attached residential uses — important components ofMUC designated areas as they provide an essential mix of uses and support the commercial uses. The TN -C district allows all of the aforementioned uses as principally permitted uses except for recreational facilities which require conditional use approval. The zoning district compatibility matrix contained in the TMISAP lists the TN -C district as the best zoning choice for MUC designated areas. For these reasons, staff recommends a TN -C zoning district for all of the MUC designated area north of the `/a mile collector street. The boundary of the TN -C zone should go to the centerline of the proposed collector street (see Exhibit A.2). (Note: There is small strip of land at the southwest corner of the .Ianicek property that is between the subject property and the road that is zoned GC. Ten Mile Annexation AZ -11-001 PAGE 6 EXHIBIT A The zoning of this area should be "cleaned up" by rezoning the area to TN -C to the centerline of the road if a rezone is submitted in the future for the Meridian Crossing property.) The C -C district is very similar to the C -G district in that it allows (& prohibits) all of the same uses listed above for the C -G district that are desired in the MUC area but allows slightly less intense uses overall than the GG district. The property to the west of the SJJV property is zoned C -C. The zoning district compatibility matrix contained in the TMISAP lists the C -C district as a possible zoning choice for MUC designated areas. To add variety in development potential for the site, staff recommends the area on the south side of the proposed '/ mile collector road be zoned C -C from the south boundary of the Fedrizzi parcel north to the centerline of the proposed collector road and west from the Fedrizzi property to the location of the stub street at the west boundary of the SJJV property along the frontage of the collector street in the approximate configuration shown in Exhibit A.2). This will bisect a portion of the SJJV property with two zones in the area where the property should eventually be divided by the extension of the stub street to the east. Zoning this portion of the site C- C is consistent with the adjacent C -C zoning and the MUC designation. RDE: These areas are recommended as predominantly office, research and specialized employment areas; and generally do not include retail and consumer service uses serving the wider community. Limited retail and service establishments primarily serving employees and users of the HDE areas are encouraged. HDE areas should provide a variety of flexible sites for small, local or start-up businesses, as well as sites for large national or regional enterprises and should be designed to encourage multimodal travel and convenient circulation to supporting services located within the area. Whenever possible, HDE areas should provide restaurants, lodging and other services in support of the employment uses. Land use types in HDE areas include corporate, business and professional offices, research facilities and laboratories with complementary uses primarily serving district employees and users, such as business services, conference centers, child care, restaurants, convenience retail, and hotels and motels. It is anticipated that buildings will range in height from 1-6 stories, have total floor areas of 10,000-1,000,000 square feet, and that the FAR will exceed 1.0. Designs that promote open space and parks are strongly encouraged. Structured parking is also allowed. (See page 3-11 of the TMIASP for more information.) The FLUM designates approximately 30.14 acres on this site for HDE uses. The applicant proposes a C -G zoning district, which allows the broadest range of commercial uses including offices, research and development facilities, retail, restaurants, hotels/motels, and consumer service uses. In the C -G district, these uses are not limited to primarily serve employees & users of the area as intended in the HDE designation, uses in the GG district are intended to serve the wider community. This development pattern has the potential to diminish or under utilize the area that is envisioned as a prime economic development driver for the City. Additionally, the maximum building height allowed in the C -G district is 65 feet which may not allow for the fill build out potential desired in the HDE designation. The HE zoning designation was implemented after the adoption of the TMISAP specifically for HDE designated areas and accommodates the desired uses in the scope and manner intended for this area. HE zoned areas are intended to be located in close proximity to federal and state highway interchanges and major arterials. The subject property abuts Interstate 84 on the south and S. Ten Mile Road, an arterial street, on the east. The maximum building height in the H -E district is 95 feet allowing for maximum number of stories allowed within the HDE designation. Additionally, the H -E district limits retail and restaurant uses as accessory rues to the principal permitted uses on the site as desired in HDE areas. For these reasons, staff recommends the HDE designated property is zoned H -E consistent with the intent of the HDE designation. Ten Mile Annexation AZ -11-001 PAGE 7 11014 1110 1 PARK: Parks and public recreational facilities are located convenient to the neighborhood, community or regional populations that they are intended to serve, where the land is suitable for the planned activities. Convenient access to neighborhood parks should be provided by local streets, sidewalks, and bicycle and pedestrian pathways and trails, with a reasonably direct route available from most neighborhood locations. Adequate vehicle parking and pedestrian and bicycle support facilities, such as benches, lockers, and bike racks, should be provided. Narrow open space corridors are recommended locations for pedestrian or bicycle pathway connections. The FLUM designates a relatively narrow strip of land, approximately 140 feet wide for PARK uses that bisects the Janicek property and runs along the northeast boundary of the Fedrizzi property to Ten Mile Road. The area consists of 8.57 acres and is designated on the Meridian Pathways Network Map contained in The Meridian Pathways Master Plan to contain a section of the City's multi -use pathway system. The planned pathway will provide a pedestrian & bicycle connection to adjacent residential, commercial, and employment uses when constructed. This open space area will also provide a convenient recreation area for adjacent residential uses as well as commercial & employment uses within the development. Because there is not a specific zoning designation for PARK designated land, staff recommends the area is zoned the same as the adjacent land. TRANSPORTATION: The transportation component of the TMISAP specifies future through - connections as they relate to the overall transportation network and collector street network. Interconnectivity is a hallmark of the plan with the intention of having a sound understanding of the street alignments rather than creating alignments based on case by case development applications. Street design elements integrate walking, biking, transit, driving, and delivery routes. Conceptual renderings depict streetscape improvements, commercial, civic and mixed use areas as they relate to the overall use and development concept (pg. ix). The Land Use Map and Transportation System Map contained in the TMISAP identify a conceptual collector street network for the Ten Mile planning area. Staff has reviewed these maps in relation to the applicants' proposed street network for the site and found it to be consistent with these maps. The street network plan proposed by the applicant includes a north/south street through the SJJV property that runs along the west boundary of the Fedrizzi property that is not shown on the maps; however, staff is supportive of this street as it will provide a connection between the two future east/west collector streets. After discussion with the owners' representatives, City staff reviewed the analysis, proposed right-of- way alignments, and accesses contained in the Ten Mile Interchange Commercial Traffic Analysis dated February 15, 2011 prepared by Dobie Engineering, for consistency with the TMISAP. Mr. Pete Friedman, Deputy Planning Director issued a letter dated March 14, 2011 regarding his review, included in Exhibit A.3. In summary, in absence of specific development plans, the City is in general agreement with the assumptions of the study and some of the proposed access points, but is of the opinion that other accesses should be determined when specific development plans are proposed. The access points that Staff is in general agreement with are circled in red on the map included in Mr. Friedman's letter (see Exhibit A.3). The access depicted as #5 should be moved to the property line; the access depicted as #3 to Ten Mile Road should only be an emergency access if approved by ACRD. As previously stated, all other accesses should be determined at a later date with a specific development plan. Gary Inselman, ACRD, also issued a letter dated March 17, 2011 in regard to his review of the traffic analysis and proposed access points (see Exhibit A.5 for more information). In summary, ACRD has not approved a signal, nor will they consider approving a signal at this time for the north access road to Ten Mile on the southern portion of the Carney property; the accesses shown on the north and the north/south collectors conform to ACRD standards & would be approved; the direct access to Ten Mile Road via the Fedrizzi property does not conform to ACED standards & would not be considered Ten Mile Annexation AZ -11-001 PAGE 8 EXHIBIT A — emergency access only would be considered if required by the City; the access to the street shown at the west side of the Fedrizzi property conforms to ACRD policy & would be approved; the access points shown on the south collector generally conform to ACHD policy but ACHD will withhold comment on the function & operation of the accesses until additional information that was requested is provided; the proposed right-of-way layout appears to be sufficient for the proposed roadways, however a more detailed review of the required right-of-way for the various roadway segments by ACHD and the City is suggested before legal descriptions are prepared. Approval of any access points will be contingent upon the parcels developing consistent with the land use assumptions within the TMISAP and are subject to change or modification if the proposed land uses and/or traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy in effect at the time the application is received by ACHD. DESIGN: The TMISAP emphasizes density and mix of uses along with the quality of the built environment. Recommendations on the location and design of building frontages and limits on building heights play an integral role in the future evolution of the Ten Mile Interchange Area. The location, scale, form, height, and design quality of public and private buildings directly affect the Ten Mile Interchange Area's success as a great place to live, work and raise a family (pg. 3-31). MUR: All development within this category should incorporate traditional neighborhood design concepts in accord with the TMISAP such as higher density buildings close to the street, easy pedestrian access, narrower streets to slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street. MUC: All development within this category should incorporate traditional neighborhood design principles and concepts in accord with the TMISAP (see MUR above). A strong pedestrian - oriented focus is essential in this area. HDE: All development within this category is strongly encouraged to incorporate designs that promote open space and parks. Structured parking is also allowed. 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): • Implement the City's Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations. (Chapter 6, pg. 83) A section of the City's multi -use pathway system is designated on this property in the area designated for PARK uses in the City's Master Pathways Plan. This pathway will provide pedestrian and bicycle connectivity to and through this development. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to otherproperties already annexed into the City. Urban services can be provided to this property upon development. • 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; use COMPASS' Access Management Toolkit. The primary purpose of the subject annexation is to identify and establish a street network system in this area to facilitate development of the Ten Mile Interchange area. Staff has reviewed the proposed street network in relation to the Transportation System Map contained Ten Mile Annexation AZ -11-001 PAGE 9 EXHIBIT A in the TMISAP and found it to be consistent with the plan. The City, along with ACRD, has provided a response to the Ten Mile Interchange Commercial Traffic Analysis (see ExhibitA for more information). • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48). The multi -use pathway planned through this property will link to a pathway northwest of this site in Baraya subdivision which will contribute to the goal of providing neighborhood connectivity through the City's pathway system. • Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities. A mix of residential uses is required to be provided in MILDR, MUR & MUC designated areas. The zoningproposed by staff will allow for a variety of residential uses to be developed within this site. • Provide housing options close to employment and shopping centers. (Chapter 3, pg. 54) The southern portion of this site is designated for HDE uses. In close proximity to the north, a mix of residential uses is required within the MILDR, MUR, & MUC designated areas. • Improve and protect creeks throughout commercial, industrial, and residential areas (Chapter 5, Pg. 69) Although not a creek, the Purdam Drain crosses the subjectproperty and is a year round waterway. This waterway will remain open but will be piped at vehicular crossings. The area where the drain is located is designated to develop with PARK uses and will be improved as an amenity. In summary, Staff is of the opinion the proposed GG zoning is not consistent the with the land use designations contained in the TMISAP and the overall plan for the Ten Mile area for the reasons stated above. As an alternative to denying the application, staff has provided recommendations on zoning that staff feels is more appropriate for this area. The collector street network plan submitted by the applicants is determined to be consistent with the transportation plan contained in the TMISAP. VIII. UNIFIED DEVELOPMENT CODE ([IDC) (Staff has included details in italics below pertaining to staffs recommended zoning of the property) A. Purpose Statement of the Districts: • The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (LDDC 11-213-1). • The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient rise ofservices. Vertically integrated residentialprojects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity of each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). Ten Mile Annexation AZ -I 1 -00 1 PAGE 10 EXHIBIT A B. Schedule of Use: UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C -G zoning district. Any use not explicitly listed is prohibited. UDC Table 11-2B-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the staff recommended C -C & H -E zoning districts. UDC Table 11-2D-2 lists theprincipalpermitted (P), accessory (A), conditional (C), andprohibited (-) uses in the TN - C zoning district. Any use not explicitly listed is prohibited. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-2B-3 for the proposed C -G zoning district pertain to development of this site if the proposed AZ is approved. The dimensional standards listed in UDC Table 11-2B-3 for the C -C and H -E districts, and UDC 11-2D-5 for the TN -C zoning district apply to this site if the zoning recommended by staff is approved. D. Landscaping: If the proposed AZ is approved, street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2B-3 for the proposed C -G district. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11 -3B -8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11- 3B -9C and Table 11-2B-3. Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-28-3 for the proposed C -C and H -E districts. Parking lot landscaping shall be installed in accordance with the standards listed in UDC 11 -3B -8C. Landscape buffers to adjoining residential uses shall be installed in accordance with the standards listed in UDC 11 -3B -9C and Table 11-2B-3. (The UDC does not currently include landscape requirements for street buffers or buffers to adjoining residential uses in the TN -C district) E. Off -Street Parking: If the proposed AZ is approved, non-residential uses require one off-street parking space for every 500 square feet of gross floor area and parking areas are required to be designed in accordance with the standards listed in UDC 11-3C-5. Additionally, one bicycle parking space is required to be provided for every 25 proposed vehicle parking spaces, or portion thereof, in accordance with the standards listed in UDC 11 -3C -5C. For residential uses, the required number of off-street parking spaces varies according to the number of bedrooms per unit (see UDC Table 11-3C-6 for more information). IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Applicant requests approval to annex a total of 116.25 acres of land, consisting of three parcels owned by three different property owners, with a C -G zoning district. The property is collectively designated on the FLUM contained in the TMISAP for MUR, MUC, MHDR, PARK, and HDE uses. Overall, development in this area should integrate the three major use categories: residential, commercial, and employment and contain a variety of residential housing types, commercial uses, offices, retail, recreational facilities, employment, and other miscellaneous uses. Based on the TMISAP, Staff is of the opinion the requested C -G zoning of the site is not consistent with the FLUM designations contained in the Plan for this area and the overall plan for Ten Mile Annexation AZ -11-001 PAGE I I EXHIBIT A the Ten Mile area for the reasons stated above in Section VII. In addition, no conceptual development plans have been provided. If the applicants wish to proceed with the C -G zoning district, Staff recommends denial of the subject AZ application. Note: Staff discussed other zoning options with the applicant's representative, during the pre -application meetings that are consistent with the FLUM; however, the applicants wished to proceed with the C -G request despite Staff's recommendation. Note: As an alternative to denial of the AZ application, staff has provided a recommendation for zoning of this property contained in the analysis in Section VII above that staff feels is more appropriate far this area and is consistent with the FLUM (see zoning map recommended by staff in Exhibit A.2). If the applicants are agreeable to the zoning proposed by staff and want to proceed forward with a favorable recommendation, staff recommends the Commission continue this application to a later meeting in order for staff to draft development agreement (DA) provisions, amend the findings, and prepare a recommendation for approval. The applicant would also be required to submit revised legal descriptions based on the zoning boundaries recommended by the Commission. Because a plat is not proposed at this time that depicts the exact location of roads and lots within the development, staff recommended zoning district boundaries are approximate and may change in the future with a detailed development plan and plat. If the Commission chooses to recommend approval of the applicants request for C -G zoning of the property, the application will need to be continued to a later meeting in order for staff to draft development agreement provisions, amend the findings, and prepare a recommendation for approval. In either case, provisions of the DA would include requiring a conceptual development plan be submitted prior to submittal of a Certificate of Zoning Compliance application which would necessitate a modification to the DA at a later date to include the plan; and requirement for easements or right-of-way dedication for the proposed collector streets within the properly that are consistent with ACHD standards. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Zoning Reeemmeaded by St Annroved by City Council 3. Proposed Collector Street Network 4. Ten Mile Interchange Commercial Traffic Analysis — Response from Pete Friedman, Deputy Planning Director 5. Ten Mile Interchange Commercial Traffic Analysis — Response from Gary Inselman, ACHD 6. Access Points 7. Development Agreement Provisions B. Annexation Legal Descriptions & Exhibit Map C. Required Findings from Unified Development Code Ten Mile Annexation AZ -II -001 PAGE 12 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit C Page 2 EXHIBIT A 2. Zoning Reeommended by Staff Approved by City Council Exhibit C Page 3 EXHIBIT A 3. Proposed Collector Street Network Exhibit C Page 4 EXHIBIT A 3. Ten Mile Interchange Commercial Traffic Analysis — Response from Pete Friedman, Deputy Planning Director C��WE II TANA-- rI]:i H Pa March t4, 2011 Mr. Gary Insetman Ada County Highway District 3775 Adams Street Barden City, ID $1714 SUWEC.T: TEN MILE INTERCHANGE WEST ACCESS ANAYLSIS Deur Gary: This is in irsponsc to the Ten Mile Interchange Commctcial Traffic Analysis 2011 by Dobie Engineering. City of Meridian Plaluiing and Public Works sla Clic analysis. mmnosed rieht ofwav alieamncnts and accedses for consisicmcy v in Plan (TMISAP), In to Wail limit Mayor-tammyde Veeerd city O"rKil Member#: Kallhalyd Brad Hoeglun [hadesaoonate pdvld Zaremba very I5, we We recognize that the analysis is caricedy based oil the adopted land use desigmations of the TMISAP even though the precise lsttrl uses are not Identified, While the FAR employed in the analysis (.56) is lower than: anticipated in the TMISAP it seems teasonable since'the recommended FARs in the plan do not account for road rights of way and alloys. Thus, we aft: In general Agreement with the assumptions With regard to the proposed aoceSses, we recognize and auppori the District's policy of identifying access at the time of devclopmont application and appreciate the District's flexibility` in reviewing the proposed accesses and right of way alignments to this unique situation. Based oft our reView of the analysis and the proposed accesses our continents ate directed to 3pcL,Me areas on the attached map: whir corrvopmt lug numeric Mimic • We deter to file Dislrictonthe ldomionofthe access totile westside ofran Mile Read that would be located on the north portion of the iaulcek property or the south portion: of the Carney Property. (1) • Approval of the accesses proposed for the north and norihlsouth collectors should Ik defcned until a specific development plan is proposed In order to determine the precise location and fimciioaalily. (2) .Planning Department .. 33 E Broadway, Meridian, In 83042 Phanc2m8•684-5533 fax 208ABa4 E4 . w&w.metidiancity.org Exhibit C Page 5 EXHIBIT A Mr. Clary 1pselmao Page t • The direct aeews from the Fedrizzi property to Ten Mile Rond should be Wnited to `emergency only" until such time as other access to that properly can be achieved. 771c proposed driveway access to (tee redrizzi property on the northsouth collector should be approved. (3) • On the south side of the aoulli colleMvr road we recommend that first right In-: right out west of Ten Mile Road be approved us wet] as the lell int right In — right out located to the vest of that access. (4) We are of the opinion that the acccss located on the western edge of the SJJV property be approved In concert with a specific development proposal and consideration be given to. locating It on thecommonproperty fine with Meridian I IS. (5) • On thenorth side of the south collector we recommend that approval of the access immediately east of the roundabout (ti) and recommend that action on the other two be deferred (7) until a Specific development application is tendered ror considerations to addition we arc unsure of the necessity orthe le(titt tumhtg. movement as proposed for the middle access. (9) . 'lllank you for consideration of our comments Please feel Tree in call if you have any questions or wouldlikc to ince to discuss the proposed alignments, Ic priadmarr, rllC!~ Deputy Director Cc Anna Canning Becky McKay Pal Dobic Tim Cums r Exhibit C Page 6 1D►♦illa]0 4. Ten Mile Interchange Commercial Traffic Analysis — Response from Gary Inselman, ACRD 4r"�j�!� All ACHD admor- arw M1;lVi49¢ March 17, 2011 Becky McKay Engineering Solutions, LLP 1020 N. Rosario Street, Suite 166 Meridian, Idaho 03642 RE: Ten Mile Interchange West Access Analysis Dear aecky rsd[HZa W. Arnold, FrUidEnt john S. Frandw, We Fveckreat Carol A. McKee, COfilR1ra51 aW Sara K aakLr, [mini elbJ orad L, Lase. tunmasoner ACHa has reviewed the Technical Memorandum, (Memo) from Doble Englneerin, Inc, dated February 15, 2611 which you hand delivered at our meeting on March 2, 2011, Concurrent with our review of the traffic analysis, ADHD requested the City of Meridian review and verify the land use assumptions.. Enclosed Is the City of Meridian letter dated March 14, 2611 verifying general agreement with the land use assumptions as well as comments on the proposed access points, The Memo referenced using Information from the Lochner Study for the Ten MileInterchangeas well as the study prepared by HDR. Please provide coplas of the relevant sections from these studies from which the Information was obtained. The Memo also references Appendix A, @ and G. These were not Included In the submittal. Please provide a copy of the appendices, comments on the proposed access points absent the information requested review of the comments I will utilize the numeric labels from the City's letter The north access road (1) located on the south portion of the signalized intersection in the Memo. A signal has not been a and wi11 not be considered at this time; None of the`informatii any source haslndlcated the need to signatize this future rote The proposed locations for the accesses on the north collector and the northlsouth collector (2) generally conform to AGHD policy as proposed and would be approved.. The proposed direel acoeap to Tan Mlle Road from the Fedrlrzl parcel is) was last shnwn as an emergency access only. Tilers is no explanation as to why the proposal now includes a direct access to Ten Mile Road. This access does not conform to ACHD policy and will not be considered The access to the street at the west side of the parcel conforms to ACHD policy and would be approved. The proposed access point locations on the south collector (4, 5, 6, 7, and 0) generally conform to ACHD policy ACHD will withhold comment on the function and operation of the accesses until the information requested above has been provided. The proposed right-of-waylayoul appears to be sufficient foF the proposed roadways, l would suggest a more detailed review of the requhad right-of-way for the various roadway segments with both ACHD and the City of Meridian before legal descriptions are prepared. Ada County Higinmr Olstict-3775 Adams Street • Gartlen Gly, ID -83714 • PH F20e1357-6100. FX 367-.M • v"m.vcid,aiaid.us Exhibit C Page i EXHIBIT A As we discussed, approval of any access paints will be contingent upon the parcels developing consistent the land use assumptions within the Ton Mile Interchange Specific Area Plan and are subject to change or modification if the proposed lend uses andlcr traffic conditions change in the future. All future development of the parcels will be subject to the ACRD policy In effect at the time the application is received by ACHt7. If you have any questions you may contact me at 387-6170. Sincerely, } . rk ' Gary Insel an Manager, flight -of -Way and Development Services Enclosure; City of Meridian letter dated March 14, 2011 Sc; Pete Friedman, City of Meridian Pa Doble Exhibit C Page 2 EXHIBIT A 7. Development Agreement Provisions At the hearing on January 17, 2012, the City Council approved the subject annexation & zoning request with the requirement for Development Agreement's for each property as follows: The following DA provisions are recommended for the Janicek parcel, proposed to be zoned TN -C & C -C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011, attached as Exhibit B. 4. The following use restrictions shall apply to the portion of the property proposed to be zoned C- C: ["(-)" prohibited; "(P)" permitted; "(A)" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor () Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 5. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The plan shall incorporate the following elements on the portion of the property proposed to be zoned C -C: a. Integration of the three major use categories — residential, commercial, and employment. Residential development shall comprise at least 20% of the site. Mixed use, compact development should include small scale office, retail, restaurants, recreational, personal services, public or quasi -public, churches, multi -family dwellings, and employment uses consistent with the purpose statement of the Mixed Use Residential and Mixed Use Commercial land use designations of the TMISAP. b. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the TMISAP. Alleys and lanes may be permitted. c. Traditional neighborhood design concepts as detailed in the TMISAP that at a minimum, incorporate the following: higher density buildings close to the street; narrower streets to slow traffic; parking lots behind or under buildings; residences with porches or balconies facing the street. d. A transition in uses to the adjacent residentially zoned and designated properties to the north and west. Exhibit C Page 3 EXHIBIT A e. Vertically integrated and multi -family residential uses with an overall target density of 8-12 dwelling units per acre, with a maximum density of 20 units per acre. f Multi -family development shall incorporate a variety of building designs including but not limited to those that replicate row houses and brownstones. Live -work units are strongly encouraged. g. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. h. Maxiftram buildhig fee4pritA is twenty thousand (20,000) square feet; howevep, other that retail, all other uses flia), be a4lewed a feetprint of greater than twenvy thousand (20,000) i. Buildings built to the edge of public rights of way. j. Buildings designed to "hold corners" rather than parking lots. k. Integration of plaza, pocket parks and other public spaces in site design. 1. Building location and design oriented toward and/or connected to open space and/or public space. 6. A lineal park area consistent with the TMISAP that incorporates a multi -use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 7. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 8. Water service to this property will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 9. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 10. The agricultural use of the property may continue until such time as the property develops. The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the Fedrizzi parcel, proposed to be zoned C -C: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. 3. The following use restrictions shall apply to the property: ["(-)" prohibited; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Exhibit C Page 4 EXHIBIT A Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan that incorporates the following elements: a. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road may be three (3) stories. b. MwEimturi building footprint is twenly dieusand (20,000) square feet; however-, other than retail, all other uses may be allowed a featpripA of greatef than twenty theusand (20,000) 5. A lineal park area consistent with the TMISAP that incorporates a multi -use pathway along the Purdam Drain shall be provided on the site consistent with the Master Pathways Plan. 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the North East side of the subject property. The owner/developer shall install mains to and through the development and 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. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through at the time of development, coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. The following DA provisions are recommended for the SJJV parcel, proposed to be zoned C -C & H -E: 1. All future development shall be subject to the ordinances and design guidelines in effect at the time of development included in the Unified Development Code, the Meridian Design Manual and the Ten Mile Interchange Specific Area Plan (TMISAP). 2. The subject property shall be subdivided prior to submittal of the first Certificate of Zoning Compliance application. 3. The collector road system shall be subject to the alignment exhibit and letter from the Deputy Planning Director dated March 14, 2011 attached as Exhibit B. Exhibit C Page 5 EXHIBIT A 4. Prior to submittal of the first development application (i.e. preliminary plat, certificate of zoning compliance, etc.), the Owner/Developer shall amend the Development Agreement to include a development site plan. The portion of the property proposed to be zoned C -C shall incorporate the following elements: a. An internal street system designed on a grid pattern or interconnected system with stubs provided to adjacent properties. Street section designs shall be consistent with those identified in the Ten Mile Interchange Specific Area Plan. Alleys and lanes may be permitted. b. Maximum number of stories for new construction adjacent to any internal street is two (2). Buildings fronting Ten Mile Road and the east/west collector road may be three (3) stories. e. Alaikiffram building foetpr4it is twenty thousand (20,000) square f�a; however, other th retail, all othef o s may be allowed a footprint of greater fliaft �wen�y thatisafid (20,000) square feet dwough the conditional use pemiit pfeeess,. 5. The following use restrictions shall apply to the property to portion of the property proposed to be zoned C -C: ["(-)" prohibited; "(P)" permitted; "A" accessory] Construction & gravel mining (-) Storage facility, self-service (-) Vehicle repair, minor (-) Vehicle sales or rental & service (-) Vehicle washing facility (A) Dispatch center for mobile services (-) Equipment rental, sales & service (-) Flex space (-) Fuel sales facility (-) except on the south side of the east/west collector from Ten Mile Road (P) Nursery or urban farm (-) Building materials, garden equipment & supplies (-) 6. Sanitary sewer service to this development is being proposed via extension of mains located near the Purdam Drain on the northeast side of the subject property. The owner/developer shall install mains to and through the development, 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 then alternate materials shall be used in conformance with City of Meridian Public Works Department standard specifications. 7. Water service to these properties will be via extension of mains in Ten Mile Road. The owner/developer shall be responsible to install water mains to and through the property at the time of development, and coordinate main size and routing with Public Works. 8. The owner/developer agrees to utilize the City of Meridian's Class "A" Reclaimed Water System as the primary water supply source for the required pressurized irrigation system when it is determined to be available by the Public Works Department. 9. The agricultural use of the property may continue until such time as the property develops. The Right -to Farm Act, Idaho Code Section 22-4503 is applicable to the subject property. Exhibit C Page 6 EXHIBIT A B. Annexation Legal Descriptions & Exhibit Map December 22, 2411 DESCRIPTION FOR Fri DRIZZI TEN MILE LLC PROPOSED C -C ZONING A parcel of land located in the NE'/a of the Sli /1 of Section 15, T 3N., R.1 Ver., B.M., rids County, Idaho„ more particularly described as follows: Commencing at the northeast corner of the SE 114 (the East la coater of said Section 15), the REAL POINT OF BEGINNING of this description, from which tate Southeast corner of said Section 15 bears South WWW" West, 2659.46 feet; 'thence South 00'3.0'03'° Wegt, ;118,00 Feet along the cast line of the NE 1/4 of the SF,- 'l+ to a. point; Thence North 89114'44" West, 800.00 feet parallel with the north line of the NE I/, of the St; K to a poillt; Thence North 00°30'03" East, 278.90 feet parallel with the cast line of the NE Ya of the SE1/. to a point on the north line of the NE !.i of tho S6'/,; Thcnee South 89014'44" Pao, 800.40 Feet along, the north line of the NE Ya of the SE Y. to the P01 NT OF 13FGJNNING, Containing 5.11 acres, more or less. 9041$1FEDRIZZI (C-C)_DP5.DOC Exhibit C Page 7 EXHIBIT A December 22, 2011 DESCRIPTION FOR JANICEK PROPERTIES LLC PROPOSED C -C ZONING A parcel of land located in the NEV. of Section 15, T;3N., R.l W., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the southeast corner ofthe NE 114 (the East Y., corner) of said Section 15, the REAL POINT OF BEGINNING orchis description, from which the Northeast corner of said Section 15 bears North 00°33'38" East, 2658.23 feel: Thcncc North 89'14'44" West, 1745.49 feet along the south line of the NE 114 to a point; Thence North 00'45'16" East, 56.57 fast to a point; Thence North 24°45'24" West, 115.33 feel to a point; Thence North 16°29'52" West, 98.83 reel to a point; Thence North 04014'44" West, 80.93 feet to a point of curvature; Thence 3 42.5 0 feet along a curve to the right, said curve having a central angle of 20°20'07", a radius of 965.00 Cee(, anti a long chord which beats North 05055'20" East, 340.70 feet to point of reverse curvature; llience 449.41 fit along a curve to the left; said curve having a central angle of 24°$2'43", a radius of 1035.00 feet, and a long chord which hears North 03°;19'01 Past, 445.89 feet to a point or reverse curvature; Thence 187.93 feet along a curve to the right, said curse having a central angle of09°14'33", a radius of 1165.00 feel, and a long chord which bears North 04010"03" West, 187.72 feet to n point sof tangency; Thcncc Nordr 00°2)711311 East, 21.59 reel to a point on the north line orthc SW �'K of the NE 1/; Thence South 89°15'05" East, 469.06 fere( along the north line of the SW '!4 of rho NE V to the northeast comer of the SW °/4 of the NE 1/4; Thence South 89015'0$" East, 1320.97 feet along the norlb 1 ine of the Sr 1& of the NE "/, to the nartlimm confer ofthe SE Y4 of the NE Yr. Thence South 00°33'38" West, 1329.11 feet along the cast line of the SE'/ of the NE 'l4 to the POINT OF BEQINNING. Containing 54.66 acres, more or less. 90419MANICEK tG-CJ_DES.00C Exhibit C Page 8 EXHIBIT A December 22, 2011 DESCRIPTION FOR JANICEK PROPERTIES LLC PR0j)OSF0 TN -C ZONING A parcel of land located in the NE "J. of Section 15, T.3N.; R.1 W., B.M., Ada County, Idaho, more particularly described os follows: Commencing at the southeast corner of the NE 114 (the East '/4 corner) of said Section 15, from which the Noftheasl corner orsaid Section 15 bears North 00033'38" Fast, 2658.23 feet; Thence North 89'14'44" West, 1745.49 feet along the south line of the NI>'l. to the RRA,L POINT OF BEGINNING of this description; Thence North 89°14'+34" West; 897.69 feel along said south line to the southwest corner of the sW '!. of the NE "114 (the Center''/, corner of said Section 15); Thence North 00'36'51" East, 1328,84 feel along the west line of the 'SW !/, oftheNE I/ to the northwest corner of the SW %. of the NE 114; Thence South 89015105" East, 851.90 feet along the north line of the SW `/. of the NF.'/i to a point; Thence South 00127'I3" West, 21,59 feet ton point of curvature; Thence 187.93 feet along a curve to the left, said curve having a contra] angle oF09014'33", it radius of 1165.04 feet, and a long chord which bears South 04110'03" East, 187.72 feet to apoint of reverse curvature; Thence 449.41 feel along a curve to d1c right, said curve having a central angle of 241$2'43", a radius of 1035:04 feet, and Rion& chord which bears South 03°39'01" West, 445.89 feet to apoint of reverse curvature; Thence 342,50 feet along a cun'e to the left, said curve having a central angle of 20120'07", g radius of 965,00 feet, and n long chord which bvur,5 South 05055"20" W,*I, 310:70 liv=t to o point of tangency; Tlicnee South 04014'44" Feast; 90.93 feet to a point; Thence South 16°29'52" East, 98:83 feet to a point; Thence South 24°45'24" East, 115.33 feel ton pohp; Thence Son fli 0004511611 Westa 56 57 t to the POINT OF EFOINN Wn Conluiniug 2$.96 acus; more or less. 911318UANICF.K (TTI-C)_DES.DOC Exhibit C Page 9 EXHIBIT A December 22, 2011 DESCRIPTION FOR SJJV LLC PROPOSED C. -C ZONING A parcel of land located in the NE ''A n f the SE V4 of Section 15, T.3N., R. t W., BJvl„ Ada Counly, Idaho, more particularly described as Hallows: Commencing at the northeast corner orthe SE 114 (the East ? a comer of said Soctioo 1 S), franc which the Southeast comer of said Section 15 bears South 1111030'03" West, 2659.46 feet; Thuncp Nutlh 89"14'44" West, 800.00 feet along the north line of the NE Yd of the. SE 'A to the REAL POINT OF BEGINNING of this description; Thence South 00°30'03" West, 167.91 feet parallel with the east line of the NE Y, ofthc SEA to a point; Thence North 89°29'57" West, 55.00 feet to a point of curvature; Thenen 179.73 feet along a curve to the left; said curve havinga central angle of 41011,29", a radius of 250.00 feet, and a long chord which hears South 69054'19" West, 175,89 feet to a Point of tangency; Thence S 49"18'34" WeA, 195.51 fctt to a paint of curvattim Thence 170.32 feel along a eune to the right, said curve having a central angle of 39°02'01 ", a radius of 250.00 feet, anis a long chord which bears South 68°49'34" West, 167.04 feet to a point on the west line of the NP i', of the SF 114; Thence North 00033'27" bast, 422.55 feel along the west line of the NE '% of the SE Vi to the northwest corner of the NEVI of the SE A; Thence Sca0189a14'44" East, 521,59 feet along the north line of the NF, Y.,orthe 5E �4 to the POINT OF BEGINNING. Containing 3.35 acres, wore or less. 904 8l51PU (C-C)_OESMOC Exhibit C Page 10 EXHIBIT A December 22, 2011 DESCRIPTION FOR SJ.R+ LLC PROPOSED 11-F. ZONING A parcel of land located in the NE %. of the SE''A of Section 15. T.3N., R.I W.„ B. M., Ada County, Idaho, more parliculurly described as follows: Commencing at the northeast comer of the SE 1/4 ([he East %corner of said Section 15), from which the Southeast corner of said Section 15 bears South 00°30'03" West; 2659.46 feel; 'I'ltence South 00'30'03" West, 278.00 feet along (lie cast line of the NE'1r ofthe SE !!i to the REAL POINT OF BEGINNING of this description; 'thence South 00030"03" West, 736.74 feet along the east line of the NE S'. of the SE !/, to n point; Thence North 89°34'08" West, 233.31 feet to a point on the northerly right-of-way of Interstate 84; Thence along lite said northerly right-of-way the following; courses and distances: Thence South 47°33'05" West, 109.09 feet; Thence South 66154'30" West: 105.73 feet; Thcnce South 80°49'21" West, 150.16 feet; Thence South 76101'13" West, 330.69 feet; Thence South 79"54'26" West, 177.77 feet; '[hence South IIV46'38" West, 162-75 feet; Thence South 88"4T05" West, 108.28 feet to a point on the west line of the NE Y4 of the SE L""hence leaving said ncrthe; ly eight of luny Nnrlh 0093 S'27'" f tut; R7( 78 fft along the west line of the NE !a of the SE !/4 to It Point on a curve; Thence 370.32 feet along a curve to the left; said curve having a central angle oF39402'01", a voditrs of 250,00 feet, and a long; chord which hears North 68p49'34" East, 167.04 feet to a point of luttgcnCy; Thence North 49°18'34" East. 195.51 feel to a point of curvature; Thence 179.73 feet along a carve to the right, said curve having a ccntnd angIe 01'41'1 I'29", a radius of 250.00 feet, and a long chord which hears North 6903419" Easy 175.89 feat to a point of IatigCney; - Themo South 89029'57" tact, 55.00 feet to a point; 90416'SJJ V (H-E)DES. DOC Exhibit C Page 11 EXHIBIT A Thence South 00°30'03" West, l 10.091ecl, parallel with (lie east line of the ME- Y, of (lie SE % to a point; Thence South 89114'44" East, 800.00 feel pea'allel with the north line of the NE Y: of the SE 1/4 to the POINT Of 13COWNING. Containing 27.17 acres, motes or less. lITll ,,,b, AWk t � n � '^"'�� j eu,wvn.m..m av ,:�wvea"iQ I imM'vn n"mm 11t .............. -aw2•�.._-,... _ A,._ nerve ue�� _ nu,. a."un '_�✓-'l�j" ;.,r Baa-- q ' i IEi MAP Exhibit C Page 12 EXHIBIT A C. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the proposed zoning map amendment is consistent with the FLUM and complies with the applicable provisions of the Ten Mile Interchange Specific Area Plan (TMISAP). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to TN -C, C -C, & H -E is consistent with the FLUM designations for this site of HDE, MUR, and MUC for this property. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-511-3.E). The City Council finds that annexation of this property and subsequent zoning of the site is consistent with the future land uses designated on the FLUM and the objectives contained in the TMISAP for this area of the City. Therefore, the City Council finds that the annexation and zoning of this property as proposed by the applicant is in the best interest of the City and should be approved. Exhibit D Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5L PROJECT NUMBER: RZ 11-005 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Genesis Center by Sharon Sharp Located at 1535 W. Franklin Road Request: Rezone of 1.59 Acres of Land from the C -N Zoning District to the C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (,/'WE IDLNHO In the Matter of the Request for a Rezone from the C -N Zoning District to the C -C Zoning District for the Genesis Center, Located at 1535 W. Franklin Road, by Sharon Sharp (Knox). Case No(s). RZ-11-005 For the City Council Hearing Date of: January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, 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 Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-005 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 24, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone is hereby approved per the attached Staff Report for the hearing date of January 24, 2012, attached as Exhibit A. D. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. E. Attached: Staff Report for the hearing date of January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-005 -2- By action of the City Council at its regular meeting held on the / " day of 2, 2012. l/JI COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN [KTP►[NIIIuIaUTR]AWs) :/_1 ti 0 IN 1011i'M 0 VTI COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIEBREAKER) Attest: City of City Clerk V`" SEAL Copy served upon Applicant, The Planning De C*eB: Jerk' O e de Weerd VOTED VOTED VOTED VOTED VOTED Public Works Department and City Attorney. Dated: V / S / ( D CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-11-005 -3- EXHIBIT A STAFF REPORT HEARING DATE: January 24, 2012 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: RZ-11-005 - Genesis Center CVER,IDIAM�, IDAHO I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Sharon Sharp, has applied to rezone (RZ) 1.59 acres of land from the C -N (neighborhood business) zoning district to the C -C (community business) zoning district. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed application based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard these items on December 15, 2011. At the public hearing, the Commission moved to recommend approval of the subiect RZ request. a. Summary of Commission Public Hearing: i. In favor: Sharon Knox (Applicant) ii. In opposition: None iii. Commenting: None iv. Written testimony: Sharon Knox (response in agreement with the staff report) v. Staff presenting application: Sonya Walters vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Summary of City -Council 1 I-•'----. L In favor: Sharon Knox - jL In opposition: None— Commenting: ► 1 Written testonjonyLNone y- Staff presentingapplucafloneSonya Wattens yL Other staff commenting 11 X11 "111 ►II' 1 Key Issues of Discussion by Couneq], i. SII 1.-1_ -l CY,?Tffes to "- IIL IL_ 1-r Vt' III L_'LIa-1I ►11" Genesis Center RZ-11-005 PAGE 1 EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number RZ-11-005 as presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number RZ-11-005 as presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number RZ-11-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: 1535 W. Franklin Road - Parcel No. S 1213223015 Located in the northwest '/a of Section 13, Township 3 North, Range I West B. Owner(s): Sharon Sharp (Knox) 4553 N. Eagle Pointe Place Star, ID 83669 C. Applicant: Same as owner D. Representative: Same as owner E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a rezone request. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); December 26, 2011 and January 9, 2012 (City Council) C. Radius notices mailed to properties within 300 feet on: November 17, 2011 (Commission); December 22, 2011 (City Council) D. Applicant posted notice on site by: December 5, 2011 (Commission); January 14, 2012 (City Council) VI. LAND USE A. Existing Land Use(s): Rural residential property B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Vacant commercial property, zoned C -C South: Tennis court owned by Crestwood Estates Subdivision, zoned C -N; and ACRD drainage pond, Genesis Center RZ-11-005 PAGE 2 EXHIBIT A zoned C -N East: Outdoor RV storage yard owned by Crestwood Estates Subdivision, zoned C -N West: Fuel station/convenience store/car wash, zoned C -C C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: Services are currently provided to this site. b. Location of water: Services are currently provided to this site. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are no ditches or canals that cross this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain or flood way. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Commercial' on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan, the Commercial designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi -family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. There is currently a 9,690 square foot multi -tenant building that exists on this site that will continue to be used for commercial purposes. The applicant is requesting a rezone in order to expand the uses allowed on the property as well as extend the hours of operation for businesses within the complex. Staff finds the current and continued commercial use of the property is consistent with the Commercial future land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing use (staff analysis in italics): • Ensure that adequate public services are provided for existing and future residents and businesses. This property is currently serviced by City water and sewer service as well as Police and Fire services. • Encourage compatible uses to minimize conflicts and maximize use of land. Staff is of the opinion uses allowed in the proposed C -C zoning district will be generally compatible with the adjacent storage yard to the east and drainage pond, tennis court, and office to the south. • Cluster new community commercial areas on arterials or collectors near residential areas in such a way as to complement adjoining residential areas. This is not a new commercial area but it does lie on the corner of two arterial streets near residences in Crestwood Estates Subdivision to the east and south. Existing and future businesses in this location should complement the residential area by providing services in close proximity. Genesis Center RZ11-005 PAGE 3 EXHIBIT A • Plan for a variety of commercial and retail opportunities within the Area of City hapact. The proposed rezone from C -N to C -C will allow for a wider variety of commercial businesses to occupy the existing building. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the proposed C -C zoning district. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -C zoning district apply to this site. D. Landscaping Standards (UDC 11-313): NA E. Off -Street Parking: NA IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The applicant requests approval to rezone 1.59 acres of land from the C -N to the C -C zoning district, consistent with the future land use map designation of commercial for this property. The legal description for the proposed rezone submitted with the application (prepared on November 4, 2011, by Glenn K. Bennett, PLS) appears to meet the requirements of the Idaho State Tax Commission (see Exhibit Q. There is currently a 9,690 square foot multi -tenant building on this site that will continue to be used for commercial purposes; no new development is proposed. The applicant requests a rezone to a slightly more intense zoning district in order to expand the uses allowed on the property as well as extend the hours of operation for businesses within the complex. The current C -N zoning district restricts the hours of operation of businesses from 6 am to 10 pm; the proposed C -C zoning district has no restrictions in regard to hours of operation. The differences in uses allowed in the C -N vs. C -C districts are highlighted in Exhibit A.2. Staff has compared the uses allowed in the C -N district to those allowed in the proposed C -C district and generally does not find any of the uses that would be feasible to go into the existing building to be objectionable. The property to west across Linder Road is zoned C -C and has a wide variety of uses on the site (i.e., convenience store/gas station/car wash/drive-thru restaurant, drinking establishment, drive-thru coffee restaurant and other restaurant(s), dry cleaners, etc.). Because this site does not directly abut residential uses, it's located on the corner of two arterial streets, and the vacant property directly to the north is also zoned C -C, Staff is of the opinion the proposed C -C zoning district is appropriate for this site. Staff finds rezoning this property to C -C is consistent with both the Comprehensive plan and the Unified Development Code. Therefore, staff recommends approval of the RZ request. Genesis Center RZ-1 1-005 PAGE 4 EXHIBIT A X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map 2. Allowed Uses in the C -N vs. C -C Zoning Districts (Table 11-213-2) B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Genesis Center RZ-11-005 PAGE 5 gci go go III NINE y�:��! EXHIBIT A Exhibit A.2: Allowed Uses in the C -N vs. C -C Zoning Districts (Table 11-213-2) Use C -N C -C . Animal care facility' F P Artist studio' 'F P P • Arts, entertainment or recreation facility, indoor FP- P Arts, entertainment or recreation facility, outdoor' P Arts, entertainment or recreation facility, outdoor stage or music ,� C venue Building material, garden equipment and supplicsi C P Ali Church or place of religious worship' FP I P Civic, social or fraternal organizations'C Construction sand and gravel mining _ C Daycare center' A/C A/C Daycare, family I A Daycare, group'I p P Dispatch center for mobile servicesC C Drinking establishment'C Drive-through establishment' A/C A/C Education institution, private' P Education institution, public P P f Equipment rental, sales, and service C Financial institution' P P ' Flex space' P Fuel sales facilityFcP Healthcare or social services P Home occupation A Hospital' C 1 Hotel and motel' P/C Industry, information' I p j Genesis Center RZ-11-005 PAGE 7 EXHIBIT A Laundromat FP Laundry and dry cleaning Mortuary _ Multi -family development C Nursery or urban farm C P Nursing or residential care facility r I C C Parking facility I� C C � (; Parks, public and private PP Personal service I P P I Professional service ISP P Public, infrastructure C�i C Public or quasi -public use ISP P Public utility, minor P P � Restaurant I Pte.... P Retail storeIF�PS� P Retail store, wine and beer sales and servings r II P ":": P Storage facility, outside I A A 'I Storage facility, self service C �� Vehicle repair, minor - FA P Vehicle sales or rental and service C Vehicle washing facility IAC P '.. Vertically integrated residential project I C P Wireless communication facilityr P/C P/C Wireless communication facility, amateur radio antenna A/C A/C Note: 1. hrdicates uses that are subject to specific use standards in accord with chapter 4 of this title. Genesis Center RZ-11-005 PAGE 8 EXHIBIT A Exhibit B: Agency Comments 1. PLANNING DEPARTMENT 1.1 General 1.1.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.1.2 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.1.3 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.2 Process 1.2.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.3 Ongoing 1.3.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 2. PUBLIC WORKS DEPARTMENT 2.1 Public Works has no issues or concerns with this application. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 No smoking establishment/hookah bar should be allowed on this site within such close proximity to the surrounding residential area. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT This application is for a rezone only. Listed below are some of the site-specific conditions of approval that the District may require when it reviews a future development application (additional site-specific requirements may be levied with a specific redevelopment application). 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate 58 -feet of right-of-way from the centerline of Franklin Road, abutting the site. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of-way from available Corridor Preservation Funds. 6.1.2 Dedicate 48 -feet of right-of-way from the centerline of Linder Road, abutting the site. The right-of- way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the Genesis Center RZ-11-005 PAGE 9 EXHIBIT A right-of-way dedication after receipt of all requested material. The District will purchase the right-of- way which is in addition to existing right-of-way from available Corridor Preservation Funds. 6.1.3 Construct a 6 -inch raised concrete median with reflective candles beginning at the intersection of Franklin Road and Linder Road, running east for approximately 300 -feet terminating 75 -feet east of the eastern edge of the existing driveway on Franklin Road. 6.1.4 Construct a 6 -inch raised concrete median with reflective candles beginning at the intersection of Linder Road and Franklin Road, running south for approximately 205 -feet terminating 75 -feet south of the southern edge of the existing driveway on Linder Road. 6.1.5 Correct any deficiencies and/or replace deteriorated facilities abutting the site, including sidewalk construction or replacement; curb and gutter construction or replacement; installation or reconstruction of pedestrian ramps; pavement repairs; signs; traffic control devices; and other similar items on Franklin and Linder Road, abutting the site. 6.1.6 Other than the access specifically approved with this application, direct lot access is prohibited to Franklin Road and Linder Road. 6.1.7 Payments of impact fees are due prior to issuance of a building permit. 6.1.8 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 6.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of- way. 6.2.3 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 6.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 6.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACED shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACED conduits (spare or filled) are compromised during any phase of construction. 6.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. Genesis Center RZ-I1-005 PAGE 10 EXHIBIT A 6.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 6.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiverivariance of the requirements or other legal relief is granted by the ACHD Commission. 7. PARI s DEPARTMENT 7.1 The Parks Department has no comments related to this application. Genesis Center RZ-I1-005 PAGE 11 EXHIBIT A C. Legal Description and Exhibit Map ANNEXATION/RE-ZONE DECRIPTION FOR SHARON SHARP-ENOX A parcel located in the NW '/, of the NW Y4 of Section 13, Township 3 North, Range I West, Boise Meridian, Ada County, Idaho, more particularly described as follows: BEGINNING at a brass cap monument marking the northwesterly comer of said NW '/4 of the NW %4 from, which a brass cap monument marking the northeasterly corner of the NW '/4 of said Section 13 bears S 89°15'35" E a distance of 2651.31 feet; Thence S 89015'.35" B along the northerly boundary of said NW % of the NW A a distance of 299.74 feet to a point on the extension of the easterly boundary of that parcel described by Instrument Number 108132092 on file in the office of the Recorder, Ada County, Idaho; Thence leaving said northerly boundary S 0°44'25" W along said extended easterly boundary a distance of 270.06 feet to the southeasterly comer of said parcel; Thence N 89°15'35" W along the southerly boundary of said parcel a distance of 101.75 feet to an angle point in said parcel boundary; Thence N 0°48'25" E along said parcel boundary a distance of 59.10 feet to an angle point in said parcel boundary; Thence N 89°15'35" W along said parcel boundary a distance of 197.33 feet to a point on the westerly boundary of said NW'/4 of the NW V44; Thence N 0°32'35" E along said westerly boundary a distance of 210.96 feet to the POINT OF BEGINNING, This parcel contains 1.59 acres. Prepared by; Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 4, 2011 RE,. PPpOVAL BY NOV08 2011 MERIDIAN IC WORKS DEPT Genesis Center RZ-I1-005 PAGE 12 EXHIBIT A SKETCH TO ACCOMPANY ANNEK4770N/RE-Z0NE DEESCRIPAON TO THE C17Y LOCATED /N THE NW 1/4 OF THE NW 1/4 OF SECT/ON 13, TOWNSHIP 3 NORTH, RANGE 1 WEST, BO/SE MER/D/AN, ADA COUNTY, Paw OF REGI MNG /—__---________________..-._-- I I I I I I I 1WSiRUMW W. I 108132092 I REI PROVAL BY NOV o a 20n MERIDIAN PUMIC WORKS DEPT, OF MERIDIAN IDAHO. 1351.57' //4 Genesis Center RZ-11-005 PAGE 13 EXHIBIT A D. Required Findings from Unified Development Code 1. Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to rezone the subject property from C -N to C -C. The City Council fmds that the proposed map amendment is consistent with the Commercial future land use designation for this site. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C -C zoning district and existing and continued commercial use of this property is consistent with the purpose statement of the commercial districts in that it provides for the retail and service needs of the community. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City ([IDC 11 -5B -3.E). The City Council finds this fording is not applicable as the request is for a rezone, not annexation. Genesis Center RZ-I1-005 PAGE 14 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5M PROJECT NUMBER: PFP 11-003 ITEM TITLE: Findings of Fact and Conclusions of Law and Final Order for Approval: Optometrist Subdivision by McElroy Investments, LLC Located at Northeast Corner of N. Meridian Road and E. Carmel Drive Request: Combined Preliminary and Final Plat Consisting of 2 Building Lots on 1.06 Acres of Land in a C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C%WEII! IDAHO In the Matter of the Request for Preliminary/Final Plat Approval for Optometrist Subdivision Consisting of Two (2) Building Lots on 1.06 Acres of Land in a C -C Zoning District, Located at 50 E. Carmel Drive, by McElroy Investments, LLC. Case No(s). PFP-11-003 For the City Council Hearing Date of. January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-11-003 -1- 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 Planning 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 January 24, 2012, 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 preliminary/final plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of January 24, 2012, 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 -6E -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 11-6E-713). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-11-003 -2- 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFT -11-003 -3- By action of the City Council at its regular meeting held on the 2012. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE (-01111[01 Ou11151 0.1117114010i7�l177 MAYOR TAMMY de WEERD (TIE BREAKER) Weerd Attest: AUGV� �q 1 r � � nCiry of Yui IDPNO Jaycee an, City Clerk :^ SEAL �`Y day of , VOTED V OTED� VOTED VOTED VOTED Copy served upon Applicant, The Planning epartment, Public Works Department and City Attorney. By: Dated. -Q) ! o� Cit Jerk' ftp e CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PFP-11-003 4- EXHIBIT A STAFF REPORT HEARING DATE: January 24, 2012 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 SUBJECT: PFP-11-003 — Optometrist Subdivision C WEFIDIAN*- IDAHO I. SUMMARY DESCRH'TION OF APPLICANT'S REQUEST The applicant, McElroy Investments, LLC, has applied for a combined preliminary and final plat (PFP) consisting of two (2) building lots on 1.06 acres of land in a C -C zoning district. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed PFP with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. The Meridian Planning & Zoning Commission heard this item on December 15, 2011. At the public hearing, the Commission moved to recommend approval of the subject PFP request. a. Summary of Commission Public Hearing: J. In favor: Joe Pachner, KM Engineering (Applicant's Representative) ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters A. Other staff commenting on application: Pete Friedman b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: The i. Meridian None City Council heard this item on January 24.2012. At the public bearing, the Counci approved aSummary the subiect PFP request of City Council Public Hearing: L In favor: Kelly Kehrer, KM Engineering (Applicant's Representative) iL In opposition: None W. Commenting: None iy, Written testimony: Kelly Kehrer, KM Engineering (response to staff report --In agreement) y Staff presenting application: Sonya Watters YL Other staff commenting on application: None hKey issues of Discussion by Council: L None c Key Council Changes to Staff/Commission Recommendation L bone PAGEI EXHIBIT A III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PFP-11-003 as presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Number PFP-11-003 as presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number PFP-11-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 50 E. Carmel Drive, on the northeast comer of N. Meridian Road & E. Carmel Drive (Parcel No. S1106336020), in the southwest % of Section 6, Township 3 North, Range 1 East B. Owner(s): Kevin McElroy, McElroy Investments, LLC 3022 E. Green Canyon Drive Meridian, ID 83642 C. Applicant: Same as owner D. Representative: Kelly Kehrer, KM Engineering, LLP 391 W. State Street, Ste. A Eagle, ID 83616 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a combined preliminary and final plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); December 26, 2011 and January 9, 2012 (City Council) C. Radius notices mailed to properties within 300 feet on: November 21, 2011 (Commission); December 22, 2011 (City Council) D. Applicant posted notice on site by: November 30, 2011 (Commission); January 12, 2012 (City Council VI. LAND USE A. Existing Land Use(s): The southern portion of this site has been approved for office use and is currently in the development process. PAGE EXHIBIT A B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Residential property, zoned C -C 2. East: Residential properties in La Playa Manor Estates Subdivision, zoned R-8 3. South: Cannel Drive & vacant property, zoned RUT in Ada County 4. West: Vacant rural residential property, zoned RUT in Ada County C. History of Previous Actions: • This property was annexed (AZ -06-062) in 2007 and zoned C -C with a development agreement (Instrument #107067262). • A modification to the development agreement (MDA -11-003) was approved on June 7, 2011 (Instrument #111058195). • A Certificate of Zoning Compliance (CZC-11-028) and design review (DES -11-017) was approved on July 27, 2011 for a 2,700 square foot optometrist office on the southern portion of the site. D. Utilities: 1. Public Works: a. Location of sewer: Currently served. b. Location of water: Currently served. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches hrigafron: An open canal runs along the east boundary of this site. 2. Hazards: The open canal along the east boundary of the site may represent a hazard to young children. 3. Flood Plain: A small portion of this site along the east boundary lies within flood zones X5 and AE; the AE portion lies within a flood way. VH. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Commercial" on the Comprehensive Plan Future Land Use Map. Per the Comprehensive Plan (page 21), the Commercial designation will provide a full range of commercial and retail to serve area residents and visitors. Uses may include retail, wholesale, service and office uses, multi- family residential, as well as appropriate public uses such as government offices. Within this land use category, specific zones may be created to focus commercial activities unique to their locations. The previously approved office use of a portion of this property is consistent with the Commercial land use designation for this site. Future development of this site shall also be consistent with Commercial land use designation. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the existing & future use of this property (staff analysis in italics): • "Require that development projects have planned for the provision of all public services." When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides and will continue to provide municipal services to the subject property in the following manner: PAGE EXHIBIT A ➢ Sanitary sewer and water service is provided to the property. ➢ The lands are serviced by the Meridian Fire Department (MFD). ➢ The lands are serviced by the Meridian Police Department (MPD). ➢ The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHO). This service will not change. ➢ The subject lands are currently serviced by the Meridian School District #2. This service will not change. ➢ The subject lands are currently serviced by the Meridian Library District. This service will not change. Municipal, fee -supported, services will be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • "Reduce the number of existing access points onto arterial streets by using methods such as cross -access agreements, access management, and frontage/backage roads." Access to this site has been approved via E. Carmel Drive, a local street; access to Meridian Road, an arterial street, is prohibited. A provision of the existing development agreement requires cross -access to be provided to the adjacent property(s) to the north. Internal cross -access between the two proposed lots shall also be provided. • "Plan for a variety of commercial and retail opportunities within the Area of City Impact." The previously approved office use of the southern portion of this site will contribute to the variety of commercial opportunities available in this area of the City. • "Require all commercial and industrial businesses to install and maintain landscaping." Street buffer landscaping is required to be installed as a condition ofpreliminary plat approval. Internal parking lot landscaping and buffers to residential uses are required to be installed with development of the property, prior to issuance of Certificate of Occupancy. VIII. UNIFIED DEVELOPMENT CODE A. Purpose Statement of Zone: The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the permitted, accessory, conditional, and prohibited uses in the C -C zoning district. No new uses are proposed with this application. C. Dimensional Standards: The dimensional standards listed in UDC Table 11-213-3 for the C -C zoning district apply to this site. D. Landscaping Standards (UDC Table 11-213-3): 1. Width of street buffer(s): 25 feet along N. Meridian Road, an arterial street & 10 feet along E. Carmel Drive, a local street 2. Width of buffer(s) between land uses: NA 3. Percentage of site as open space: NA 4. Tree Preservation: Mitigation is required for all existing trees on the site that are removed, in accord PAGE 4 EXHIBIT A with UDC 11-313-10C. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: PRELIMINARY/FINAL PLAT: The proposed preliminary/final plat consists of 2 building lots on 1.06 acres of land in a C -C zoning district. The plat will subdivide one parcel into two parcels. The southern parcel is currently in the development process and has been approved for a 2,700 square foot optometrist office. The owner plans to retain the northern lot for future development. Dimensional Standards (UDC Table 11-211-3): In the C -C district, there is no required front, rear, or side setback; however, a 25 -foot wide street landscape buffer is required adjacent to N. Meridian Road & a 10 -foot wide street landscape buffer is required adjacent to E. Carmel Drive which essentially serves as the setback. Access: One full access driveway via E. Carmel Drive is proposed for access to/from the site; access via Meridian Road is prohibited. Access to streets shall comply with the standards listed in UDC I1 - 3A -3. Cross -access is required to be provided to the adjoining property to the north (Parcel No. S1106336012) as a provision of the existing development agreement. Staff also recommends that a cross-access/ingress-egress easement be provided internally for the proposed lots. These easements should be provided on the face of the recorded final plat or in a separate agreement with the recorded instrument number referenced on the plat. Multi -Use Pathway: The Meridian Pathways Master Plan depicts a 10 -foot wide multi -use pathway along N. Meridian Road on this property. Because there is an existing 5 -foot wide sidewalk that is attached to the curb along Meridian Road, staff has agreed to allow the applicant to add 5 feet onto the existing sidewalk to constitute the required multi -use pathway. The pathway is depicted on the landscape plan accordingly. Landscaping: UDC Table 11-2B-3 requires a 25 -foot wide landscape buffer to be provided adjacent to N. Meridian Road & a 10 -foot wide landscape buffer to be provided adjacent to E. Carmel Drive in accord with the standards for landscape buffers along streets listed in UDC 11-3B-7. The required landscape buffer is shown on the landscape plan. Two trees totaling 22 caliper inches are shown on the plan to be removed. Mitigation is required in accord with UDC 11 -3B -10C. The landscape plan shall be revised to include mitigation details and a calculations table that includes information on the final plat application checklist. There is a 50 -foot wide easement that exists on this property for the Five Mile Creek that serves as a spatial buffer (in addition to the parking lots landscaping) to the residential uses in La Playa Manor Estates Subdivision. Waterways: The Five Mile Creek runs along the east boundary of this property. Because it is a natural waterway, it is not required to be piped or otherwise covered and shall remain open as a natural amenity. A 50 -foot wide easement for Nampa Meridian Irrigation District (NMID) is depicted on the final plat for the waterway which will serve as a spatial buffer to the residential development to the east. The applicant shall obtain a license agreement with NMID for any improvements constructed within the easement. Staff recommends approval of the proposed PFP application with the conditions listed in Exhibit B. PAGES EXHIBIT A X. EXHIBITS A. Drawings 1. Vicinity Map 2. Preliminary Plat (dated: 11/11/11) 3. Final Plat (stamped by Kevin N. Sorensen, dated: 11/14/11) 4. Landscape Plan (dated: 9/26/11) B. Agency Comments/Conditions of Approval 1. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Required Findings from Unified Development Code PAGE Exhibit A.1: Vicinity Map ABA 424 EXHIBIT A ]21 334 p h 13l 119 2.210 N N a c w 10B 221 306 314 J 1 1580 ]Sr2 YZJ 903 303 2190 55 I Site I 350 1527 104 1830 T A 20 \��„ E LYNN OR 34 132 210 'n � 300 220 8 I1, 650 T34 E FAIRVIEW AVE — _— 1648 1645 I u� n 1 a 1682 I 20l 1620l I w1 519 ]15 PAGE EXHIBIT A Exhibit A.2: Preliminary Plat (dated: 11/11/11) M � 0 �`f_CPM[INWFy PRELIMINARY PLAT SHOWING OPTOMETRIST SUBDIVISION SUUATED INA PORTHIN OF GOVERNMENT IAT 71N THE SWI/4 OF SECTION 6, TOWNSHIP 3 NORTH, RANGE 1 EAST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO 2011 fbN] OIARKMAV fOMM XfpW�lIIX1 sols = PAGE EXHIBIT A PRELIMINARY PLAT SHOWING OPTOMETRIST SUBDIVISION SITUATED INA PORTION OF GOVERNMENT IOTT IN TNF SWIM OF SECTION 6, TOWNSHIP 3 NORTH, RANGE I EAST, BOISE MERIDIAN, CITY OF MERIDIAN, AOA COUNTY, IDAHO 2011 1 1r � � tI I O — w\w�xnn Sufwl y+I}` � I „�j mss_ L•ax,. W-7 OPTOMETRIST SUBMISION ii aawi°.m 2 OF 2 « PAGE EXHIBIT A Exhibit A.3: Final Plat (stamped by Kevin N. Sorensen, dated: 11/14/11) N De MCELROY INVESTMENTS, LLC Ps aPMm n 0,1sKM ENOINNNRIND. LLP ea o,wn PAGE 10 PLAT O A.,a/ OPTOMETRIST SUBDIVISION L________a....____..__ � �vl4�"aoY IeYI, bA' IIIA1 f �RYAINN PIAPOg1p1! Op OOVDINIpM Lail W 110 YWY� I R X M SK.TON 6TOWN9pp • NORTN PANti! f PdfT.�gp 1.®IDIAM CRs' OF MDID W I. ADA CO V MY. DANO I I ' IQ WeylvY I ' I ri i✓ 1 III Ise6NVD I $ I s� I s mnmw I I I - a I gll _ � - 1°ea wlill i i • _ m ; "c°�p��axa.a�ar wr I I I� tlPY3eSuek 1 .� _ ,.a„>rx 1 _ ummi ee n:.roFo " I W.4S wuCn I I y u rmv uanve �ur a+.•rs nrro 1 I I 2 ll I��p u ryinl[s E511 4 �•MT I44N �T'INl gg M%p le 1 e wauw ewg A 9' I f s 11 s uuas mmxa •aw alq�s�Y [,v Mni� j 91 j DI K II\ ' O+Y iiµ ler•Yfus 4)v.a5[w N De MCELROY INVESTMENTS, LLC Ps aPMm n 0,1sKM ENOINNNRIND. LLP ea o,wn PAGE 10 I A.,a/ L________a....____..__ � �vl4�"aoY IeYI, bA' IIIA1 f 1 ��6. QARMEL OFNB q I I R X N De MCELROY INVESTMENTS, LLC Ps aPMm n 0,1sKM ENOINNNRIND. LLP ea o,wn PAGE 10 EXHIBIT A Exhibit AA Landscape Plan (dated: 9/26/11) �w� r �_ ww .• •__.a_ 55� T �� NNWbiF' W p ®� �mena " itt.19 �w� r �_ ww .• •__.a_ 55� T �� NNWbiF' W �mena " itt.19 1 � 4eF3H3lC{_ _a _aw UMrkuwz Tree %aeP� �,9xub%wx�1 a«uwu� �j�%encerCw FEee w, qs+ L1.00 PAGE l l EXHIBIT A B. Agency Comments/Conditions of Approval 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 Prior to City Engineer signature on the final plat, the applicant shall depict a cross- access/ingress-egress easement to adjoining properties to the north (Parcel No. 51106336012), as well as internally within the subdivision, on the final plat in accord with the provisions of UDC 11 -3A -3A2. 1.1.2 Revise the landscape plan to include a calculations table in accord with the final plat application checklist. 1.1.3 Landscaping improvements within the right-of-way requires a license agreement between the property owner and ACRD. 1.1.4 Revise the following notes on the face of the final plat: a. Note #10: Include the amended development agreement Instrument No. 111058195. b. Note #2: Include who will be responsible for maintenance (i.e. property owner or business owners' association). 1.1.5 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.1.6 Per the development agreement, hours of operation of businesses on this site shall be limited to the hours between 6:00 am and 10:00 pm to reduce possible adverse impacts on the existing residences adjacent to the site. 1.1.7 All buildings on this site shall be required to receive elevation certification. 1.2 Ongoing Conditions of Approval 1.2.1 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.2.2 The applicant shall have an ongoing obligation to maintain all pathways. 1.3 Process Conditions of Approval 1.3.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.3.2 The applicant shall obtain the City Engineer's signature on a final plat within two years of Council approval of this combined preliminary/final plat as set forth in UDC 11-613-7A. 1.3.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years of Council approval of the preliminary plat, or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.3.4 Prior to the City Engineer's signature on the final plat, the applicant shall close the existing access to Meridian Road as set forth in UDC 11 -3A -3A. 1.3.5 At such time that the multi -use pathway along N. Meridian Road connects from one major street to another and is greater than one-half mile long, the applicant may petition the City to assume maintenance responsibilities. PAGE 12 EXHIBIT A 2. PUBLIC WORKS DEPARTMENT 2.1 A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. FIRE DEPARTMENT 3.1.1 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing. 3.1.2 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.1.3 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.1.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.1.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.1.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.1.7 Building setbacks shall be per the International Building Code for one and two story construction. 3.1.8 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 3.1.9 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 3.1.10 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 3.1.11 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. PAGE 13 EXHIBIT A 4. POLICE DEPARTMENT 4.1 The Police Department has no concerns related to the site design submitted with the application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 Site Specific Conditions of Approval 6.1.1 Dedicate 48 -feet of right-of-way from the centerline of Meridian Road, abutting the site. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACHD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. OR Provide the District with a 10 -foot wide sidewalk easement, in addition to the necessary additional right-of-way (5 to 8 -feet) so as to total 48 -feet from the centerline of Meridian Road, abutting the site. The right-of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to scheduling the final plat for signature by the ACRD Commission or prior to issuance of a building permit (or other required permits), whichever occurs first. Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. 6.1.2 Replace the existing 35 -foot wide driveway on Meridian Road, located 210 -feet north of the intersection of Meridian Road and Carmel Drive, with vertical curb, gutter and sidewalk, as proposed. 6.1.3 Construct a 27 -foot wide driveway onto Carmel Drive so as to be located approximately 175 - feet east of the intersection of Carmel Drive and Meridian Road. Pave the driveway its full width at least 30 -feet into the site beyond the edge of pavement. 6.1.4 Direct lot access is prohibited to Meridian Road. 6.1.5 Payments of impact fees are due prior to issuance of a building permit. 6.1.6 Comply with all Standard Conditions of Approval. 6.2 Standard Conditions of Approval 6.2.1 Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way. 6.2.2 Private sewer/water systems are prohibited from being located within ACHD right-of- way. 6.2.2 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. PAGE 14 EXHIBIT A 6.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 6.2.4 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 6.2.5 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 6.2.6 It is the responsibility of the applicant to verify all existing utilities within the right-of- way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACRD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 6.2.7 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 6.2.8 All design and construction shall be in accordance with the ACRD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACRD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 6.2.9 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 6.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACRD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 6.2.11 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. 7. PARKS DEPARTMENT 7.1 A 10 -foot wide multi -use pathway is required to be constructed along N. Meridian Road in accord with the Meridian Pathways Master Plan (5 feet may be added to the existing 5 -foot wide sidewalk). PAGE 15 EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan. Please see Comprehensive Plan Policies and Goals, Section 7, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are currently provided to the subject property. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the property is currently serviced by City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development. See Exhibit B for comments from public service providers. e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis. PAGE 16 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5N PROJECT NUMBER: AZ 11-005 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Annexation of 30 Acres of Land with an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 50 PROJECT NUMBER: RZ 11-006 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Rezone of 51.61 Acres of Land from R-4 (Medium Low -Density Residential) and TN -C (Traditional Neighborhood Commercial) to R-8 (Medium -Density Residential) (46.97 Acres) and C -C (Community Business) (4.64 Acres) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5P PROJECT NUMBER: CUP 11-009 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Conditional Use Permit Approval for an Outdoor Recreation Facility in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5Q PROJECT NUMBER: PP 11-011 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and North Linder Road Request: Preliminary Plat Approval of 23 Residential Lots and 3 Common Lots on 61.19 Acres in a Proposed R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: PROJECT NUMBER: VAR 11-003 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Variance to UDC 1 1 -6C -3F to Exceed the Maximum Block Length Allowed in a Residential District AND Allow the Existing Spurwing Subdivision Entrance to Remain Open as a Right-In/Right-Out Access Point to State Highway 20/26 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5S PROJECT NUMBER: MDA 11-011 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Spurwing Challenge by The Club at Spurwing, LLC Located Northwest Corner of Chinden Boulevard and N. Linder Road Request: Amend the Recorded Development Agreement (Inst. #106122365) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include a New Project Boundary and Concept Plan for the Proposed Spurwing Challenge Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of Annexation of 30 Acres, Rezone of 51.61 Acres from the R-4 and TN -C zones to the R-8 and C -C zones, Preliminary Plat Consisting of 23 Residential Lots and 3 Common Lots, Conditional Use Permit for an Outdoor Recreation Facility, Development Agreement Modification and Access and Block Length Variance for the Spurwing Challenge Subdivision, Located Near the Northwest Corner of Chinden Boulevard and N. Linder Road, by The Club at Spurwing, LLC. Case No(s). AZ -11-005, RZ-11-006, PP -11-011, CUP -I1-009, MDA -11-011 and VAR -11-003 For the City Council Hearing Date of. January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -11-005, RZ-11-006, PP -11-01 I, CUP -11-009, MDA -11-011 and VAR -11-003 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval attached in the Staff Report for the hearing date of January 24, 2012, 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, rezone, preliminary plat, conditional use permit, development agreement modification and variance is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of January 24, 2012, 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 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable mariner, 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 11-613-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -11-005, RZ-11-006, PP -I 1-011, CUP -11-009, MDA -11-011 and VAR -11-003 -2- Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. 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 conditional use comply with the current provisions of Meridian City Code Title 1l(UDC 11 -5E -6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). 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 January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -11-005, RZ-11-006, PP -11-011, CUP -11-009, MDA -I 1-011 and VAR -11-003 -3- By action of the City Council at its regular meeting held on the 2012. COUNCIL PRESIDENT DAVID ZAREMBA COUNCIL VICE PRESIDENT BRAD HOAGLUN COUNCIL MEMBER CHARLIE ROUNTREE COUNCIL MEMBER KEITH BIRD MAYOR TAMMY de WEERD (TIE BREAKER) Attest: City Clerk V 2G 9 � Goy of �' IDIAN� IDAHO m W SEAL y day of VOTED VOTED �� VOTED VOTED VOTED Copy served upon Applicant, The Planning Wit, Public Works Department and City Attorney. B : Dated: 1 Ci er ' ce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASENO(S). AZ -11-005, RZ-I1-006, PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -4- EXHIBIT A STAFF REPORT �'+ T T pDIA �1 �TiT— Hearing Date: January 24, 2011 (E TO: Mayor and City Council I D A H d FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: AZ -11-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11- 003 — Spurwing Challenge 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Club at Spurwing, LLC, has requested approval for the following applications: 1) Annexation (AZ) of 30 acres with an R-8 zoning designation; 2) Rezone (RZ) of 51.61 acres of land from the R-4 and TN -C zoning district to the R-8 (46.97 acres) and C -C (4.64 acres) zoning district; 3) Preliminary plat (PP) approval for 23 residential lots and 3 common lots on 61.19 acres of land; 4) Conditional use permit (CUP) for an outdoor recreation facility (golf course) in a proposed R-8 zone; 5) Development agreement modification (MDA) to amend the recorded development to exclude the subject property and create a new development agreement and; 6) (2) Variance requests (VAR) 1) to exceed the maximum block length (750 feet) allowed in a residential district and 2) a right-in/right-out only access to Chinden Boulevard. For all pertinent information and farther analysis see section 9 below. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed applications and partial approval on the variance requests subject to the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on December 15, 2011. At the public hearing, the Commission voted to recommend approval of the subject AZ RZ. PP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Cornel Larson ii. In opposition: None iii. Commenting: Andrew Lawrence (neutral), Ken Malea (favor) iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Pete Friedman, Scott Steckline b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. Added DA provision to address timing for the construction of the driving range. ii. Modified condition 1.2.2 to remove the requirement for the pedestrian easement. iii. Modified condition 1.2.3 added language that documentation be provided from ITD for the construction of the 10 -foot multi -use pathway in the public right-of-way. Spurwing Challenge Subdivision- AZ -11-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -1- EXHIBIT A iv. Modified condition 1.3.3 to remove the fencing requirement. v. Modified condition 2.4 to provide a permanent sewer easement rather than a common lot. vi. Struck through conditions 2.17, 4.3, 4.6 and 4.7 vii. Added a new condition of approval that requires CUP modification if netting is proposed along the northern property boundary of the driving range. d. Outstanding Issue(s) for City Council: i. None The Veridi Council -approved i J' &V a -rd 11114 reouests, favorsi m ii. In opposition: None iffi ouii-•i-t-i-gKen 1/s idrew LaRrence, Mary CobAftShawn Nmckel None. •n OtherY. YL i on ajaglicationa Pete Friedman.Bill Nary, Mark Niemeyer b- 1j" Issues of Discussion by Council a L Public safety conerrus mrith the existing Spurwing Subdi * 'on entrance remain=1 open as a rigbt-inlright-out access to Chinden Boulevard, Council i,i-g' lull on Recommendation The Council ajajaroved the variance•i i. i• •i -?•d block •iu provision d. and condition 1.3.10 were modified based on Council's approval of the variance. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -11- 005, RZ-11-006, PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 as presented in staff report for the hearing date of January 24, 2012 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -11-005, RZ-11-006, PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 as presented in staff report for the hearing date of January 24, 2012 for the following reasons: (You should state specific reasons for denial of the annexation and you must state specific reason(s) for the denial of the plat.) Continuance I move to continue File Numbers AZ -11-005, RZ-11-006, PP -11-011, CUP -11-009, MDA -I1-011 and VAR -11-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS A. Site Address/Location The subject property is located near the northwest corner of Chinden Boulevard and N. Linder Road in the southeast '/a of Section 23, Township 3 North, Range 1 West. Sputwing Challenge Subdivision - AZ -11 -005,R -Z-11-006; PP -11-011, CUP -I1-009, MDA -11-011 and VAR -11-003 -2- EXHIBIT A B. Applicant: The Club at Spurwing, LLC 3405 E. Overland Road, Suite 150 Meridian, ID 83642 C. Owner: Sea to Sea, LLC 827 E. Riverside Dr. Eagle, ID 83616 D. Representative: Comet Larson, Larson Architects, (376-7502) E. Applicant's Statement/Justification: Please see applicant's narrative for this information. 5. PROCESS FACTS A. The subject applications are for annexation, rezone, preliminary plat, conditional use permit, variance and development agreement modification. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 28, and December 12, 2011 (Commission); January 2 and 16, 2012 (City Council) C. Radius notices mailed to properties within 300 feet on: November 21, 2011 (Commission); December 22, 2011 (City Council) D. Applicant posted notice on site by: December 5, 2011 (Commission); January 9, 2012 (City Council) 6. LAND USE A. Existing Land Use(s): The subject property is currently vacant agricultural land. The agricultural portion of the property has been approved for a mixed use development known as Knightsky Estates. The western portion of the property was platted with the Spurwing Subdivision and includes the club house and the current driving range. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The surrounding area is currently developed with private golf course and county residences zoned RUT. To the east and south there are undeveloped and developed commercial properties, zoned C -C, L -O and C -G in the City. C. History of Previous Actions A majority of this site is Lot 1, Block 1, Brandt Subdivision, which was recorded in 1991. This lot was platted as the 75% open space, deed restricted area for the County Subdivision. At some point, a three acre outparcel was conveyed ownership through a deed recorded as instrument #101128387. In 1995, a portion of the property (Lot 53 and Lot 78, Block 1) was platted in the County as part of the Spurwing Subdivision. In 2006, the open space parcel (Lot 1, Block 1 of the Brandt Subdivision) was split in County and recorded as ROS 7511 and is considered an illegal split by the City. This issue is being resolved with the proposed subdivision. In 2006, the subject property, a.k.a. Knightsky Estates was granted Annexation and Zoning (AZ- Spurwing Challenge Subdivision- AZ -11-005, RZ-11-006; PP -11-011, CUP -I1-009, MDA -11-011 and VAR -11-003 -3- EXHIBIT A 06-005) approval by City Council with R-4, TN -C, and C -C zoning districts. A Development Agreement (DA) was approved with the annexation (Instrument No. 106122365). A preliminary plat (PP -06-004) was approved concurrently with annexation of the property for 126 residential lots (24 townhouse lots and 102 detached single-family lots), 7 commercial lots, and 26 common/other lots on 55.83 acres of land. Private streets (PS -06-004) were also approved in specific locations within the development. On November 5, 2008, an 18 month time extension (TE -08-026) was approved by the Planning Department for the applicant to obtain the City Engineer's signature on the first phase of the final plat (expires on December 6, 2010). As a condition of approval of the time extension, the applicant is required to submit a DA modification application to include sample building elevations for this project in the existing DA. Additionally, staff recommended that all private streets be converted to public streets. On February 10, 2009, a development agreement modification (MDA -08-008) was approved by City Council that tied both commercial, single family residential and townhomes elevations to the recorded development agreement. The subsequent development agreement was recorded as instrument #109082037. D. Utilities: 1. Public Works: a. Location of water: Provider is United Water. b. Location of sewer: A 15 inch main is located approximately 2700 feet from this site near N Sunset Maple Way. c. Issues or concerns: All sewer mains shall be within roadways. E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain. F. Summary of Proposed Streets and/or Access: The applicant is proposing to construct a new public street to align with N. Long Lake Way at the half mile. A public street that parallels the state highway is also planned and will stub to the commercial property to the east. The existing entrance to the Spurwing Subdivision will remain open but will be restricted to a right-in/right- out only predicated on Council and ITD approval (see section 9 for further analysis). 7. COMPREHENSIVE PLAN POLICIES AND GOALS The subject properties are designated "Low density Residential," "Medium Density Residential" and "Mixed-use Community," on the future land use map. The lot proposed to be annexed houses the clubhouse and pool is designated low density residential. Currently, this is a common lot within the Spurwing Subdivision and development is not proposed for this lot. The reason for annexation to the R-8 zone is so the clubhouse can hook-up to City sewer. The R-8 zone is not a preferred zoning designation for the property however the lot is part of the 18 -hole golf course and the R-2 and R-4 zone prohibits outdoor recreation facilities. The area proposed for the rezone to the R-8 zone and platting is designated medium density residential and mixed-use community. The anticipated density for the medium density designation is between three and eight dwellings per acre. The proposed preliminary plat includes 23 single-family lots on approximately 61 acres for a total gross density of 0.37 dwelling units/acre. If the proposed golf course Spurwing Challenge Subdivision -AZ-11-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -4- EXHIBIT A was removed from the equation the density would be slightly higher at 1.42 dwelling units to the acre. The mixed-use community designation also encourages residential uses and specifies densities between 6 and 15 units to the acre. The UDC does not specify properties to develop at a minimum density. In this case, the homes are meant to be ancillary to golf course use that is being proposed concurrently. The applicant is also requesting to rezone a small portion of the property to the C -C zone which is consistent with the mixed use community land use designation. The purpose of this land use designation is to allocate areas where community -serving uses and dwellings are 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. Specific development plans are not proposed. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed development (staff analysis in italics below policy): • Require landscape street buffers for new development along all entryway corridors (Chapter 2, pg. 13) The subject property fronts on Chinden Boulevard designated an entry corridor. The applicant's plan depicts a 35 foot landscape buffer as required by the UDC. Further, a portion of the planned golf course will be constructed along Chinden Boulevard which will create a significant green belt through this segment of the 20126 corridor. • Plan for and encourage services like health care, daycare, grocery stores and recreational areas to be built within walking distance of residential dwellings. (Chapter 2, pg. 13) The property to the east has already been zoned C -C and additional property is proposed to rezone to C -C. The applicant is stubbing a public street along the eastern boundary and a public street is planned to align with the signalized intersection at the half mile. These two connections provide the interconnectivity with the existing and planned commercial uses in the area. • Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City. (Chapter 3, pg. 45) This property is contiguous to otherproperties already annexed into the City. City sewer main will be extended from the Jayher Subdivision to service the property. Water service will be provided by United Water. • Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system. (Chapter 3, pg. 48) The applicant is responsible for the construction of a 10 foot multiuse pathway adjacent to Chinden Boulevard and provide 5 -foot wide attached sidewalks for the planned public streets. The installation of these facilities will enhance thepedestrian connectivity in the area ad help facilitate safer movement ofpeople particularly at the half -mile intersection. A public elementary school has been planned for the area and these pedestrian facilities will increase pedestrian safety in the area and provide connections to the planned school and the existing and planned commercial uses in the area. • Require common area for all subdivisions. (Chapter 3, pg. 54) Typically, the UDC requires 10 percent open space be provided for any residential subdivision that exceeds S acres. On the submitted plat the applicant is proposing to 3 large common lots to support the development of a 9 -hole private golf course. The amount of open space provide with the plat is in excess of 73% which far exceeds the UDC standards. Further the residents of the subdivision will have privileges for the use of the existing club house and swimming pool. Spurwing Challenge Subdivision - AZ -11-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -5- • Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management, and frontage/backage roads. (Chapter 3, pg. 47) For developmentproposed along Chinden Boulevard (HWY20/26) the UDC requires access at the mid -mile and the section line road and requires the construction of a backage road. On the submitted plans the applicant has indicated that a backage road is planned to provide access to the proposed residential lots and stub to the commercial property to the east. Further, a new street is proposed to align with N. Long Lake Way at the mid -mile mark consistent with the UDC 11-3H- 4. However, the existing entrance into the Spurwing Subdivision west of the new mid -mile street is not planned for closure and the applicant is indicated this access point is planned for right- in/right-out only. The transportation authority (ITD) has stated their preference would be closure of the intersection. Both the Police Department and the Fire Department have expressed the importance of the intersection remaining open to facilitate better access into the site. Staff supports the recommendations by other City departments for the right-in/right-out intersection however based on City code staff must recommend closure of the existing intersection. Acceptance of the right-in/right-out intersection is predicated on Council and ITD approval. After considering all of these factors staff believes that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE a. Schedule of Uses: Unified Development Code (UDC) 11-2A-2 lists single-family detached homes as permitted uses in the proposed R-8 zoning district. Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted, accessory, conditional, and prohibited uses in the proposed C -C zoning district. b. Purpose Statement of Zone: R-8: The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. C -C: The purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district proximity to streets and highways. e. General Standards: All of the proposed lots must comply with the standard street frontage and lot size requirements R-8 zone established in the UDC. No dimensional modifications are being requested for the proposed development. Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -C zoning district. d. Landscaping: 1. Width of street buffer(s): Per UDC 11-2A-5, UDC 11-2A-6 and UDC 11-2B-3, a 35 -foot wide street buffer is required adjacent to Chinden Boulevard, designated an entry way corridor. A 20 -foot wide street buffer is required along N. Spurwing Way. The street Spurwing Challenge Subdivision - AZ -11-005, RZ-ll-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -6- EXHIBIT A buffers shall be constructed in accord with the standards listed in UDC 11-313-7C. 2. The planned 10 -foot wide multi -use pathways along Chinden Boulevard is required to comply with the design standards in accord with UDC 11-3A-8, UDC 11-3B-12 and UDC 11 -3H -4C.4. 3. The center parkways planned for the public streets are required to comply with the design standards outlined in UDC 11 -3B -7C and UDC 11-3A-17. 9. ANALYSIS Analysis of Facts Leading to Staff Recommendation: The applicant has submitted several applications for the City's consideration to develop the property with a 9 -hole golf course and residential subdivision. Staff has provided analysis for each individual application submitted. Annexation (AZ) application: Approximately 30 acres is planned to be annexed with the subject application. The proposed zoning for the 30 acres is R-8. The acreage proposed for annexation is currently developed as part of the Spurwing Subdivision, excluding the 3 acre outparcel east of the existing driving range parking lot. hi order to connect to City services and develop the residential subdivision and the golf course the property must be annexed. The applicant is proposing to extend city sewer from the adjacent Jayker Subdivision located to the west. The existing club house developed in the County will also be connected to city sewer. Because the common lots are developed with a golf course, the requested R-8 zone is most appropriate with the established use as an outdoor recreation facility is a prohibited use in the R-2 and R-4 zones. For this reason staff is supportive of the R-8 zone requested by the applicant. Rezone (RZ) Application: Concurrently, the applicant is requesting to rezone 51.61 acres of land from the R-4 and TN -C districts to the R-8 and C -C district. A majority of this property was zoned R-4 and TN -C with the approval of the Knightsky Estates Subdivision. Now that new development plans are proposed, the approved R-4 zoning prohibits the outdoor recreation facility. The applicant has elected to rezone the entire property to the R-8 zone and proceed with conditional use approval for the golf course. Because the proposed rezone to the R-8 zone encompasses a majority of the TN -C zone approved with the Knightsky Estates development, a small portion of TN -C zoning to the east (4.64 acres) does not meet district dimensional standards. Specifically, the TN -C zone requires a contiguous parcel of six (6) acres. For this reason, the applicant is requesting this parcel be rezoned to the C- C zone. The proposed zoning districts are consistent with their respective land use designations. The applicant has indicated that they will not developing the proposed C -C zoned property. Conditional Use Permit (CUP) application: The proposed golf course is defined as an outdoor recreation facility in the UDC. In the R-8 zone, the proposed use requires conditional use approval subject to specific use standards. Staff has reviewed the submitted site plan for compliance with these regulations. Staff finds the applicant complies with the specific use standards. The applicant will have an ongoing obligation to comply with the standards in accord with UDC 11-4-3-2. The applicant has submitted a detailed site plan for how the golf course may develop. The proposed site plan depicts a nine -hole golf course, a training facility building and an accessory maintenance building. Staff has no objections to the site plan submitted with the application. In addition, the applicant has submitted building elevations for the proposed training facility building and maintenance building. The proposed buildings will be constructed of similar buildings constructed within the Spurwing Subdivision. Building materials include stucco, stone veneer wainscot and metal roofing. Staff believes the proposed structures demonstrate high quality building materials. Prior to the construction of the golf course and accessory buildings the Spurwing Challenge Subdivision -AZ-11-005, RZ-11-006; PP -11-01 I, CUP -I1-009, MDA -11-011 and VAR -11-003 -7- EXHIBIT A applicant must obtain certificate of zoning compliance and administrative design review approval For illustrative purposes, the applicant has depicted how the commercial property at the corner could be integrated with the proposed golf course and subdivision. Staff is not recommending approval of the commercial concept plan with this application. This is further discussed in the MDA application section below. Preliminary Plat (PP) application: In conjunction with the outdoor recreation facility, the applicant is proposing to plat 23 residential lots and 3 common lots on 61.19 acres of land in a proposed R-8 zone. The applicant has indicated that the minimum lot size proposed with the plat is 17,467 square feet and average lot size is 23,146 square feet. The gross density for the proposed subdivision is less than one dwelling unit to the acre. This density is consistent to what is developed in the area and far less than maximum of eight (8) dwelling units in the R-8 zone. In addition all of the proposed lots conform to the dimensional standards outlined in Table 11-2A-6. Open Space/Amenities: UDC 11-3G-2 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additional 20 acres of development area. Given the fact the applicant is proposing to develop a golf course comprising 73 percent of the developable land and the future residents will have use of the clubhouse and swimming pool, staff finds the applicant complies with the open space and site amenity requirements of the UDC. Development Along State Highways (UDC 11-3H-4): The UDC requires specific standards for developments along state highways. This property abuts highway 20/26 and is subject to these regulations. Staff has addressed the pertinent standards as they relate to this project: 1) The UDC requires the applicant to provide a backage road and construct a collector road at the half -mile. The plans submitted by the applicant depict a collector road at the mid - mile that aligns with N. Long Lake Way. This is a signalized intersection. In addition, the applicant is proposing to construct a backage road to provide access to planned residential lots and stub street at the eastern boundary for future connectivity. Staff is supportive of the street connectivity proposed by the applicant. 2) Access Variance request: The applicant has submitted a variance to seek Council's approval for a right-in/right-out access to Chinden Boulevard. The current intersection was approved with the Spurwing Subdivision. The UDC requires the closure of existing approaches if the use of the property intensifies. The addition of the proposed golf course and residential subdivision classifies as intensifying the use of the property. Both the Fire Department and Police Department support the applicant's request but have indicted that approved turnaround would be required if the access was closed. Staff concurs with the other City departments but cannot support the access due to the requirements of the UDC (see analysis in above in bullet #1). ITT) has also provided comments on the application that supports the closure of the existing intersection because it does not meet the current ITD policy for intersection separation. 3) The UDC requires the construction of a 10 -foot pathway adjacent to highway 20/26. On the submitted plans the applicant has provided the required pathway in accord with the UDC. 4) The UDC also requires the applicant to set aside the necessary right-of-way for ITD. 1TD has indicate this development should dedicate a total of 100 -ft of right-of-way, approximately 50 additional feet. Staff recommends the applicant dedicate the additional 50 feet of right of way. Spuming Challenge Subdivision - AZ -11-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -8- EXHIBIT A 5) Noise abatement is required when residential uses adjoin highway 20/26. Noise abatement can be in the form of a berm or berm and wall combination. On the submitted landscape plan a berm is planned along the highway but details on the height are not provided. In discussions with the applicant it was their desire to not provide the noise abatement in accord with the UDC. ITD has indicated that noise levels in the area could increase with the amount of traffic planned for the corridor. Staff is of the opinion the residential lots are separated enough from the highway (nearest residential lot is approximately 180 feet for the edge of pavement) that these standards are not applicable. hr other areas of the City, a berm and wall combination have been constructed however in these cases the residential lots were only separated by the required 35 -foot landscape buffer and not a golf course. The applicant is also proposing densely planted trees in the area to screen the tees and buffer the noise. Thus, staff believes the applicant meets the intent of the ordinance and provides enough buffering for the proposed residences. Sidewalks and Parkways (UDC 11-3A-17): The applicant has not provided any street section details that indicate sidewalks are proposed for the subdivision. The applicant will be required to construct sidewalks in accord with UDC 11-3A-17. In addition, the applicant is proposing center parkways for several of the proposed public streets. Said planters must comply with the standards set forth in UDC 11 -3A -7C and UDC 11 -3A -17E. Landscaping Requirements Entry Way Corridors: UDC 11-2A-6 requires a 35 -foot wide street buffer along Chinden Boulevard. On the submitted landscape plan, the applicant complies with the aforementioned buffer width along this roadway. Said buffers must be constructed in accord with UDC 11 -3B -7C. and maintained by the homeowners association. This area will be included with the development of the common lot for the golf course. Collector Streets: UDC 11-2A-6 requires a 20 -foot wide street buffer along N. Spurwing Way. On the submitted landscape plan, the applicant is proposing buffers that exceed the required 20 - foot width. Said buffers shall be constructed in accord with the standards outlined in UDC 11 -3A - 7C. This area will be included with the development of the common lot for the golf course. Block Length Variance (VAR) request: The applicant is requesting variance approval to exceed the 750 -foot maximum block length for the entire subdivision. The five lots planned for block 1 (approximately 890 feet) front along the existing Spurwing entrance. Currently, the existing driving range is developed on this parcel. Because the existing street network is in place and existing fairways and planned fairways limit street and pedestrian connectivity, staff is supportive of the extended block length. Since the homes along Three Lakes Way (Block 2 and Block 3) have not been developed and there may be opportunities to provide cart/pedestrian connectivity to break-up the 1083 -foot block length. The UDC allows Council the ability to grant an extended block length without a variance if the block design is constrained by limited access like Chinden Boulevard. Staff believes the open space planned between Lot 4 and Lot 5, Block 2 could incorporate a connection meeting the intent of the ordinance thus eliminating the need for the variance. The golf course has been designed to facilitate the movement of golfers along the periphery of the development to purposely restrict golf carts from traveling through the developed home sites. While staff does not disagree with the applicants logic, staff cannot met the variance findings for granting the extending block length for this portion of the development. The extended block length will be predicated on approval from City Council for the addition of a pedestrian connection or granting of the variance. Development Agreement Modification (MDA) application: As mentioned earlier, the subject property is governed by a development agreement with the annexation of the Knightsky Estate Spurwing Challenge Subdivision - AZ -1 I-005, RZ-11-006; PP -11-011, CUP -11-009, MDA -11-011 and VAR -11-003 -9- EXHIBIT A property in 2006. In 2008 an addendum was also recorded that required compliance with specific building elevations. Because the new project is substantially different from the previous one, staff is recommending the recorded development agreement be amended to remove the Spurwing Challenge property and create a new development agreement for the proposed project. The C -C rezone legal description and Exhibit Map attached in Exhibit C should be attached to the Knightsky Estates DA as this property will still be governed by the Knightsky Estates DA. At this time, Staff is not recommending approval of the conceptual layout for the commercial portion of the property since the applicant has indicated they will not be developing the property. Staff has reviewed the recorded development agreement (#106122365) and several of the DA provisions need to be modified to allow development in the C -C zone. As a provision of the new DA, Staff is recommending a restriction on the development of the C -C zoned property until the owner amends the recorded DA and provides a more specific concept plan for the C -C zoned property. For now all other approved DA provisions attached to the recorded DA (#106122365) and the recorded addendum (#109082037) will remain in effect for the proposed C -C portion of the property. Staff s recommended DA provisions are attached in Exhibit B. X. EXHIBITS A. Drawings 1. Vicinity Map 2. FLUM 3. Preliminary Plat 4. Landscape Plan 5. Master Site Plan 6. Training Facility Building and Maintenance Building Elevations B. Conditions of Approval I. Planning Department 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Sanitary Service Company 7. Ada County Highway District 8. Idaho Transportation Department C. Legal Descriptions and Exhibit Maps D. Required Findings from Unified Development Code Spurwing Challenge Subdivision -AZ-11-005, RZ-11-006; PP -11-011, CUP -I 1-009, MDA -11-011 and VAR -11-003 -]0- A. Drawings 1. Vicinity Map EXHIBIT A R-4 R-4 Exhibit A - 1 - - f ,R �. ,,.'1'e� '1111 Eo2� iie3��M, 3. Proposed Preliminary Plat Exhibit A - 3 - ------------- EXHIBIT A 4. Proposed Landscape Plan Exhibit A - 4 - ner :RN��INyRu .Y(fFLY.MFfY. w. . rel. o. `r�CA.riu YlSICr•� f•SRSB"• :'Jl:+iiLi� u•' •IXJv..YLYwW Igo L1,01 C G�g L1.02 % A 1 S 4 U.03 L1.04 i , L1.05 \y L1 0B N i11 _ E 1 ; Tx. CWYscun*gchgmn Come Me tYY Exhibit A - 4 - EXHIBIT A 5. CUP Site Plan (Commercial Portion not Approved) Exhibit A - 5 - EXHIBIT A 6. Training Facility Building and Maintenance Building Elevations pn; i:;nQllj\�yn -MR�"�Illliip III�IIIIIU�'!i�Ill�i � ... room aoa ww A Exhibit A - 6 - EXHIBIT A B. Conditions of Approval 1. Planning Department 1.1 Annexation, Rezone and Development Agreement Modification 1.1.1 A new Development Agreement (DA) is required as part of the project approval. Prior to the ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of ordinance adoption. The Applicant shall contact the City Attorney's office to initiate this process. The DA shall be signed by the property owner and developer and returned to the city within two (2) years of the City Council granting approval of the project. The DA shall, at minimum, incorporate the following provisions: a. The applicant shall extend City sewer to the property to serve the existing club house, the future training facility, the future maintenance building and the future residential lots prior to City Engineer's signature on the final plat. b. Development of this site shall be restricted to the outdoor recreation use (golf course) and the 23 lot residential subdivision. c. Prior to the development of the outdoor recreation facility (golf course) and associated buildings, the applicant shall submit a certificate of zoning compliance and administrative design review application to the Planning Department for review and approval. d. Prior to obtaining the City Engineer's signature on the final plat, the applicant shall restrict elese the existing Spurwing Subdivision access to the state highway ori hl- in/right-out only pending as o,.. feAh ii T DG 1 3H ^ imiless TPD's annroval and compliance with their safety requirements. a_«,.a w.. COURCR. e. The applicant shall dedicate the 50 feet of additional right-of-way requested by TPD. f. Prior to the development of the C -C zoned property, the current owner (Sea to Sea, LLC) or any future owner shall modify the recorded development agreement (#106122365) and include a new concept plan consistent with the Mixed-use Community guidelines contained in the Comprehensive Plan. g. After annexation ordinance approval the developer shall submit and obtain approval of a property boundary adjustment (PBA) in the configuration of theroroposed subdivision to create a parcel for the construction of the new driving range. After recordation of the PBA, the developer is hereby permitted to construct the driving range in the location as shown on the Master Site Plan upon the issuance of a certificate of zoning compliance and design review approval The developer shall submit and obtain approval of a final plat within two years of preliminary plat approval and the driving range shall be included as a lot with the first phase if the plat is planned to develop in phases. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The applicant shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.2 The multi -use pathway shall be depicted on the landscape plan submitted with future final plat applications. A _ubli,...,..,estd a -i easement , hall be _o,,,,_aoa c _ Ui P, q V ..n. _ 1.2.3 Prior to City Engineer signature on the final plat, the applicant shall depict a public access easement for the multi -use pathways on the final plat or provide documentation that ITD has approved construction of the pathway in the right-of-way. Exhibit B - I - EXHIBIT A 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.3.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.3 Construct the pathway and a disining fengiii _T and landscaping consistent with the standards as set forth in UDC 11 -3A -7A7 and 11-313-12C respectively. 1.3.4 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.3.5 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.6 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.3.7 Construct the required landscape buffers consistent with the standards as set forth in UDC 11-313- 7C (streets). 1.3.8 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- I 1 1-313- 11 C. 1.3.9 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and ll -313-7C. 1.3.10 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, driveways, common driveways, easements, blocks, street buffers, and mailbox placement unless granted the variance approval by Council. For clarification. Council approved the variance request for the extended block len hs. 13.11 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. 13.12 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.3.13 Construct a multi -use pathway consistent with standards in UDC 11-311 4C. 1.3.14 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.3.15 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3.16 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.4 Ongoing Conditions of Approval 1.4.1 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11-3G-3131. 1.4.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Exhibit B - 2 - EXHIBIT A 1.5.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.5.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.5.4 Staff failure to site any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.6 Conditional Use Permit 1.6.1 The site plan, prepared by Larson Architects, labeled MP -1, dated 10/25/11, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: • The commercial portion of the plan is not approved; remove from the site plan. 1.6.2 The landscape plans, prepared by The Land Group, dated 11/19/10, are approved with the following comments: • Construct a 35- foot wide landscape buffer adjacent to Chinden Boulevard as proposed. • Construct the 20 -foot wide landscape buffers along N. Spurwing Way as proposed. 1.6.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-2 for the outdoor recreation use. 1.6.4 Building elevations of the proposed training facility and maintenance building shall substantially comply with the elevations shown in Exhibit A.S. 1.6.5 The applicant shall submit a Certificate of Zoning Compliance and administrative design review applications with revised plans that comply with the conditions of approval listed herein, prior to establishment of the new use. 1.6.6 All required improvements must be complete prior to obtaining a Certificate of Occupancy for the proposed development. A temporary Certificate of Occupancy may be obtained by providing surety to the City in the form of a letter of credit or cash in the amount of 110% of the cost of the required improvements (including paving, striping, landscaping, and irrigation). A bid must accompany any request for temporary occupancy. 1.6.7 Provide temporary fencing around the perimeter of the building sites to contain debris during construction and shall be installed around the site prior to release of building permits. 1.6.8 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11 -5B -6F1 or 2) gain approval of a time extension as set forth in UDC 11 -5B -6F4. 1.6.9 The developer shall seek a conditional use permit modification if netting is proposed along the northern boundary of the driving range. 2. Public Works Department 2.1 Sanitary sewer service to this development is master planed to be served from extension of mains in N Sunset Maple Way. 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. Exhibit B -3 - EXHIBIT A 2.2 Water service to this will be provided by United Water. The applicant will need to contact United Water for requirements regarding this site. 2.4 The applicant shall provide a 20 -foot wide permanent easement eernmen-let for all public sewer mains outside of public right of way T shall b d with a bh%,AEe-� in favor of the City of Meridian. 2.5 The applicant shall provide a 20 -foot easement for all public sewer mains outside of public right of way (include all water services and hydrants). 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, 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. 2.6 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 signature on the final plat by the City Engineer. 2.7 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.8 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. 2.9 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. 2.10 Street signs are to be in place, water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.11 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 2.12 All development improvements, including but not limited to sewer, fencing, micro -paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.13 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. 2.14 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. Exhibit B - 4 - EXHIBIT A 2.15 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.16 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.17 Pill ffading of the site shall be i3erfefmed in ea4efffiffliee with MCC 1 t -12-3H. 2.18 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. 2.19 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.20 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 ACRD. 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. 2.21 The applicants design engineer shall certify that all seepage beds out of the public right- of -way are installed in accordance with the approved design plans. This certification must be received by the City of Meridian Public Works Department prior to the project receiving final approval. 2.22 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. 2.23 100 Watt and 250 Watt, high-pressure sodium streetlights shall be required per the City of Meridian Department of Public Works, Improvement Standards for Street Lighting. All streetlights shall be installed at sub divider's expense. Final design shall be submitted to the Public Works Department for approved. The street light contractor shall obtain the approved design on file and an electrical permit from the Public Works Department prior to commencing installations. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.24 Water service to this site is being proposed via extension of water mains under the jurisdiction of United Water. There may be administrative issues arise once procedures for dealing with a separate water agency are implemented. The applicant shall coordinate with the City of Meridian during this process. 2.25 Though the City of Meridian will not own or maintain the water system in this development, final hydrant location shall be coordinated with and receive approval from the Public Works Department and Meridian Fire Department prior to construction plan approval. 2.26 Structures of 3600 square feet and larger including the garage, shall comply with the fire flow, and hydrant requirements of appendix b and c of the 2009 International Fire Code. 2.27 Prior to construction plan submittal the applicant's engineer shall have a joint meeting with Rick Jackson, a representative from United Water, and Bruce Freckleton, to discuss administrative procedures for construction plan review. 2.28 Prior to construction plan approval the applicant shall submit documentation from United Water that they have approved the water plans. 2.29 Prior to scheduling of a pre -construction meeting the applicant shall submit documentation from Exhibit B - 5 - EXHIBIT A United Water that all of their requirements have been met to be able to go to construction. 2.30Any potential reimbursement agreement must be approved by the Public Works Director prior to construction plan approval. 3. Fire Department 3.1 The All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 3.2 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 3.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire Hydrants shall have the 4'/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. C. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. It. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.4 Acceptance of the water supply for fire protection will be by the Meridian Fire Department and water quality by the Meridian Water Department for bacteria testing.. 3.5 hi accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. 3.6 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 3.7 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 3.8 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.9 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 3.10 The roadways shall be built to Ada County Highway District cross section standards and have a clear driving surface. Streets less than 26' in width shall have no on -street parking; streets less than 32' in width shall have parking only on one side. These measurements shall be based on the drivable surface dimension exclusive of shoulders. The overhead clearance shall be a minimum of Exhibit B - 6 - EXHIBIT A 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 3.11 Commercial and office occupancies will require a fire -flow consistent with Intemational Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 3.12 Emergency response routes and fire lanes shall not be allowed to have speed bumps as set forth in International Fire Code Section 503.4. & National Fire Protection Standard 1141, Section 5.2.18. 3.13 As set forth in International Fire Code Section 503.2.5, the Fire Department is opposed to any landscape island in the middle of a cul de sac that may prevent a fire truck from turning around on the end of the court. Parks Department 4.1 Construct the pathway and landscaping consistent with the standards as set forth in UDC 11 -3A - 7A7 and 11-313-12C respectively. 4.2 The applicant shall design and construct the multi -use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 4.4 The applicant shall have an ongoing obligation to maintain all pathways. 4.5 Construct a multi -use pathway consistent with standards in UDC 11 -3H -4C. .al.way ftem hinge« Road to TT Lake a [T T.. is eempleted, the &Pi3liea rt ffi - i3etitieft the City to assuff:,..o..imee fesee •bilid . go 5. Police Department 5.1 The applicant shall provide a temporary turnaround if the existing Spurwing Subdivision access point is closed to Chinden Boulevard. 6. Sanitary Service Company 6.1 Any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. 7. Ada County Highway District (Rezone and Preliminary Plat) 7.1 Site Specific Conditions of Approval (PP) 7.1 Comply with the requirements of ITD and the city of Meridian regarding the Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to signature on the final plat. 7.2 Construct curb, gutter and 5 -foot wide concrete sidewalk on the existing Spurwing Way, abutting the site. Provide the District with an easement for any portion of sidewalk on Spurwing Way located outside of the right-of-way. 7.3 Construct curb, gutter and 5 -foot wide concrete sidewalk on Penncross Way, abutting the site. Provide the District with an easement for any portion of sidewalk on Penncross Way located outside of the right-of-way. Exhibit B - 7 - EXHIBIT A 7.4 Construct the internal streets (Spurwing Way, Three Lakes Way and Island Green Court) as 36 - foot street sections with rolled curb, gutter and 5 -foot wide attached concrete sidewalks within a minimum of 50 -feet of right-of-way, as proposed. 7.5 Construct three landscape medians on Spurwing Way located as follows: • 12 -foot wide maximum landscape median beginning at the intersection of Spurwing Way and Chinden Boulevard and running north for approximately 240 -feet, as proposed. • 12 -foot wide maximum landscape median beginning at the intersection of Spurwing Way and Penncross Way and running southeast for approximately 50 -feet, as proposed. • 12 -foot wide maximum landscape median beginning 120 -feet southeast of the intersection of Spurwing Way and Penncross Way and running southeast for approximately 500 -feet, as proposed. 7.6 Provide a minimum of 21 -feet of pavement on either side of the landscape medians. The medians shall be dedicated as right-of-way and a licensing agreement shall be applied for with the District regarding any landscaping within the medians. 7.7 Construct one 12 -foot wide maximum landscape median on Three Lakes Way beginning at the intersection of Three Lakes Way and Spurwing Way and running east for approximately 170 -feet, as proposed. 7.8 Provide a minimum of 21 -feet of pavement on either side of all 4 proposed landscape medians. The medians shall be dedicated as right-of-way and a licensing agreement shall be applied for with the District regarding any landscaping within the medians. 7.9 Construct one stub street to the south (Island Green Court) located approximately 600 -feet north of Chinden Boulevard and 1,350 -feet west of Linder Road, between Lot 12 Block 2 and Lot 5 Block 3. Construct a paved temporary turnaround at the terminus of Island Green Court and install a sign stating "THIS ROAD WILL BE EXTENDED IN THE FUTURE" at the terminus of Island Green Court. If the temporary turnaround extends onto a buildable lot, the entire lot shall be encumbered by the easement and identified on the plat as a non -buildable lot until the street is extended. 7.10 Payments of impact fees are due prior to issuance of a building permit. 7.11 Comply with all Standard Conditions of Approval. 7.2 Site Specific Conditions of Approval (RZ) This application is for a rezone only. Listed below are some of the site-specific conditions of approval that the District may require when it reviews a future development application (additional site-specific requirements may be levied with a specific redevelopment application). 7.2.1 Comply with the requirements of TPD and the city of Meridian regarding the Chinden Boulevard frontage. Submit to the District a letter from ITD regarding said requirements prior to signature on the final plat. 7.2.2 Dedicate 48 -feet of right-of-way from the centerline of Linder Road, abutting the site. The right- of-way purchase and sale agreement and deed must be completed and signed by the applicant prior to issuance of a building permit (or other required permits). Allow up to 30 business days to process the right-of-way dedication after receipt of all requested material. The District will purchase the right-of-way which is in addition to existing right-of-way from available Corridor Preservation Funds. Exhibit B - 8 - EXHIBIT A 7.2.3 Construct Island Green Court as a 36 -foot commercial street section with vertical curb, gutter and 5 -foot wide concrete sidewalks. Island Green Court shall intersect with Linder Road 390 -feet north of the intersection of Linder Road and Chinden Boulevard and shall connect with the Island Green Court stub at the west property line, as proposed. 7.2.4 Replace the existing 24 -foot wide driveway on Linder Road, located approximately 590 -feet north of the intersection of Linder Road and Chinden Boulevard with vertical curb, gutter and sidewalk to match the existing conditions on either side. 7.2.5 Replace the existing 20 -foot wide driveway on Linder Road, located approximately 450 -feet north of the intersection of Linder Road and Chinden Boulevard with vertical curb, gutter and sidewalk to match the existing conditions on either side. 7.2.6 Other than the access specifically approved with this application, direct lot access is prohibited to Linder Road. 7.2.7 Payments of impact fees are due prior to issuance of a building permit. 7.2.8 Comply with all Standard Conditions of Approval. 7.3 STANDARD CONDITIONS OF APPROVAL (Both RZ and PP) 7.3.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.3.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.3.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.3.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.3.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.3.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.3.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.3.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.3.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.3.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Exhibit B - 9 - Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.3.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.3.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. 8. Idaho Transportation Department 8.1 The new public road access (North Spurwing Way) location meets District policies. The location is aligned with the existing Long Lake Way and meets existing access spacing standards. ITD will require a standard approach permit for this new approach. The approach permit will require detailed engineering drawings and may require additional traffic information. Please contact Matt Ward at 334.8341 to complete the necessary application paperwork. 8.2 There is an existing traffic signal at the US 20-26 intersection with Long Lake Way. The site plan shows the new North Spurwing Way roadway aligning with Long Lake Way. The applicant will be required to reconstruct and expand the existing traffic signal. Please coordinate the signal design with ACED staff once the access permit is approved by ITD. 8.3 The new North Spurwing Way will replace the existing Spurwing Way, located approximately 660 -ft to the west. The original site plan for this project showed a cul-de-sac for the original Spurwing Way, closing the existing intersection, and renaming the original street as Spurwing Court. The current site plan shows retaining the existing Spurwing Way but limiting the US 20-26 intersection to right-in/right-out operation. The existing Spurwing Way intersection does not meet current ITD policy for intersection separation. The existing intersection does not meet the access management plan for the corridor. The access permit application for the new North Spurwing Way should include a plan to close the existing Spurwing Way intersection with US 20-26. 8.4 The US 20-26 corridor plan identifies a 200 -ft right-of-way or 100 -ft on either side of the section line. The project site appears to have 50 -ft of right-of-way at the present time. This development project should dedicate a total of 100 -ft of right-of-way, approximately 50 additional feet. 8.5 The corridor's importance and future traffic volumes on US 20-26 indicate that traffic noise may become an issue to any residential developments near the roadway corridor. ITD does not install noise walls or noise berms. Any noise wall or noise berm considered for abutting US 20-26 should be constructed by the applicant and located outside the public right-of-way. Exhibit B -to- EXHIBIT A C. Legal Descriptions and Exhibit Maps ACI Quadrant October29,2011 Consulting, Inc. Page 1 of 2 EYMIT "A" SPI7RWING CHALLENGE PRELIMINARY PLAT PROPERTY A parcel being a portion of Lot 78, Block I of Spurwing Subdivision recorded in Book 69 of Plats at Pages 7104 through 7108 and a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South Vi of the Southeast % and in a portion of the Southwest V4 of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section comer common to Sections 23, 24, 25 and 26 of said Township and Range; thence along the south section tine of said Section 23, North 89°38'47" West 987.74 feet; thence departing from said section line North 00022'17" Best 40.00 feet to the north right-of-way line of West Chinden Boulevard, said point being the POINT OF BEGINNING; thence continuing along said north right-of-way line the following five courses: North 89038'47' West 1609.17 feel; thence 94.94 feet along a curve to the right, said curve having a radius of 34337AS feet, a delta angle of 0'09'30" and a long chord bearing North 89°19'51" West 94.94 feet; thence North 86027'22" West 250.26 feet; thence North 89'11'03" West 148.98 feet; thence departing from said north right-of-way line 78.54 feet along a curve to the right, said curve having a radius of 50.00 feel, a delta angle of 89'59'56" and a long chord bearing North 44011104" West 70.71 feet to a point on the east right- of-way line of North Spurwing Way; thence along said east rigbt-of-way the following courses: North 00048156" Bast 108.00 feet; thence - North 00'31'00" West 215.06 feet; thence North 00048'56" East 417.11 feet; thence 97.23 feet along a curve to the loft, said curve having a radius of 480.00 feet, a delta angle of . 11'36'20" and a long chord bearing North 04059'13" West 97.06 feet; thence departing from said east right-of-way line -- 1904 W. Oveaand • Boise, ID 83705 • Phone (208) 342-0091 • Fox(20B) 342-0092 • v .quadrantcc civil Engineering • Surveying Exhibit C - 1 - EXHIBIT A October 29, 2011 Page 2 of 2 Em. ■■ Quadrant Consulting, Inc. 53.20 feet along a curve to the right, said curve having a radius of 30.00 feet, a delta angle of 101'36'36" and a long chord bearing North 40100'47" East 46.50 feet to a point on the east right-of-way of North Penncross Way; thence along said east right-of-way the following courses: South 89011'43" East 95.02 feet; thence 560.21 feet along a curve to the left, said curve having a radius of 375.00 feet; a delta angle of 85°35'37" and a long chord bearing North 48001116" East 509.55 feet to a point on the the north line of said south Ya of southeast 1/, of Section 23; thence departing from said east right- of-way and along said north line South 89041'45" East 1717.44 feet; thence departing from said north line South 00048'23" West 903.94 feet; thence South 00°42'47" West 35.95 feet; thence North 89041125" West 50.71 feet; thence South 00022'l 7" West 342.60 feet to the POINT OF BEGINNING. Said parcel contains 61.19 acres, more or less. Exhibit C - 2 - EXHIBIT A g Exhibit C - 3 - �rnn`�voi� .Foy: Lf) U c C g � 3 M r 10 "�rnSQ� �==ZZz C*4 04 _c co z_ ^� � M W lY w J _ 6 x'06 ll rn rn 00 z Ll � y . t= W � M„£Z,9b.00S 09'ZbF �� �0 CL O � to Vt M„LL ZZAOS U w � - 0? CL 00 i- z 3;3w;ww w z5 M dm a �v o. C InNNN t�aadrri� �rnr gaO1o���°io 0 zzzz�z CL min '� tno IN K m i��000p Z w 3 IQ Z�m�`Qrn�ii ZZ M� Y � �Q' 7 -O&M L �LLJ g M 00F N� zto 00 Io a \ a w z Z J ly J m LtJ W Z J J a W 12CD 0 () U Z U \ N w D N N n Z 0 F6 II) O N Z HZ (0\ l4'Llb m wz>- JC3 3.69' LS 41 �za3 — cu AVM JNimNndS 'N N _m x Q W i 0 Exhibit C - 3 - �rnn`�voi� .Foy: g � 3 M r 10 "�rnSQ� �==ZZz � m � � N � M 6Q pM, in !!q4 S+M4'� to Vt � In 00 w � M xx�<roo� FO. InNNN �rnn`�voi� .Foy: g � 3 M r 10 "�rnSQ� �==ZZz � m � � N � M 6Q pM, in !!q4 S+M4'� to Vt In 00 � M xx�<roo� FO. InNNN t�aadrri� �rnr min '� K EXHIBIT A November 18, 2011 Pagel of 2 EXHIBIT "A" ANNEXATION PROPERTY Parcel I — Cr 9uddrant Consulting. Inc. A parcel being a portion of Lot 78, Block 1 of Sptnwing Subdivision recorded in Book 69 of Plats at Pages 7104 through 7108 and a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated In a portion of the South Y. ofthe Southeast '/. ind in a portion of the Southwest'/. of Section 23, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section comer common to Sections 23, 24,25 and 26 of said Township and Range; thence along the section fine common to said Sections 23 and 26 North 89038'47" West 2596.97 feet to the POINT OF BEGINNING; theace continuing along said section line North 89038'47" West 33.00 feet to the south quarter comer of said Section 23; thence continuing along said section line North 89°11'21" West 546.16 feet to apoint on the centerline of North Spurwhng Way; thence departing $oro said section line and continuing along said centerline the following courses: North 00°48'56" Best 842.09 feet; thence. 188.02 feet along a curve to the left, said curve having a radius of 450.00 feet, a delta angle of 23°56'21" and a long chord bearing North 11009113" West 186.65 feet; thence departing from said centerline South 89°11'04" Pat 183.31 feet to a point on the northerly rightof-way of North Peuneross Way; thence along said northerly right-of-way 481.22 feet along a curve to the left, said curve having a radius of 325.00 feet, a delta angle of 84°50'09" and a long chord bearing North 48°23'51"But 438.45 feet to a point on the north line of said south Y: of the southeast Y. of Section 23; thence departing from said northerly right-of- way and along said north line South 89041'45" But 374.50 feet; thence South 00°27'09" West 479.91 feet; thence North 89°41'45" West 272.00 feet; thence South 00°27'09" West 841.15 feet to the POINT OF BEGINNING. 1904 W. O.verlond • Boise. ID 8.7705 • Phone (708) 542-0091 • Fax.208) 342-0092 • v .quodront.cc CMI En&nsering •. Suiveyap • Comhuclion nogernent Exhibit C - 4 - EXHIBIT A Annexation Property November 19, 2011 Page 2 of 2 ME Quadrant Consulting, Inc. Parcel 2 – Lot 53, Block 1 of Spurwing Subdivision, recorded in the office ofthe Ada County Recordoras Instrument Number 95045763. Said Parcel 2 contains 12.19 acres, more or less. the total arca of Parcels 1 and 2 combined is 30.00 acres, more or less. REVIE ROVAL BYE—� DEC 0 12011 PUBLIC MEFIIDIAN WORKS DEPT. Exhibit C - 5 - EXHIBIT A N N 04 -+ 60 V o m4: W l o m I H � m a ILO 2ZO — y o.$ 0 Ld I 00 N 8 m � M.60,LZ.00S � 4 j 0z, J� b �b _ 1 U V am M,60,LZ.00S — �Z m 10, x ®= 0 8 ILN o tL� OZO � SC1 �`Z•� z � C c3 wzzLLI r a n. Ye za- O7 c� 60779 p uNi 03„9S,B4.00N g m-0 j' AVM ONim?jndS 'N ii Exhibit C - 6 - November 18, 2011 Page I of 2 EXHIBIT A EI=rr "A" R-8 REZONE �0 Quadrant Consulting, Ipe. A parcel being a portion of Lot 1, Block 1 of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in a portion of the South S5 of the Southeast Y of Section 23, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: - Commencing at the section comer common to Sections 23, 24,25 end 26 of said Township and Range; thence along the section line common to acid Sections 23 and 26 North 89°3847" West 987.74 feet to the POINT OF BEGINNING; thence continuing along said section line North 89038'47" West 1609.23 feet; thence departing from said section line North 00°27'09" East 841.15 feet; thence South 89041145" East 272.00 feet; thence North 00°27'09" East 479.91 feet to the north line of said south 54 of southeast'/. of Section 23, thence along said north Enc South 89041'45" Fast 1393.15 fat thence departing from said north line South 00048'23" West 903.94 feet thence South 00042'47" West 35.95 feet; thence North 89041'25" West 50.7f fat; thence South 00°22'17" West 382.60 fat to the POINT OF BEGINNING. Said parcel contains 46.97 acres, more or less. RE VI ROVAL BY DEC 0 1 2011 MERIDIAN PUBLIC WORKS DEPT. 1904 W.Ovadand.• Doles,0637a5 • Phoma1208)342-0091 • Fax (20 092 9)342-0 • vmvrquadmnl.cc- ... CMI EhUlneedng •. Surveying •. Coratructidn Management . Exhibit C - 7 - On I w a m Me 1X W 4. �� "ll. -0 H W m 0 2 N X W a' EXHIBIT A 4 d LO U N N 0 o i to v m $ r N N T 20 _ tl� Z ■■ G „V �� \M„ £Z,Bi 00S 9'N V M„LI,ZZ.00Soz 4c� \ \ SW q\ N \N S' U UC � All Jcmc} g m Z 1iJ D Z Y U v N g � U O myndS 'N Exhibit C - 8 - November 18, 2011 Page I of 2 EXHIBIT A EXHIBIT "A" C -C REZONE �E Quadrant Consulting, Inc. A parcel being a portion of Lot 1, Block I of Brandt Subdivision recorded in Book 59 of Plats at Pages 5785 and 5786, situated in the South V2 of the Southeast Y. of Section 23, Township 4 North, Range I West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the section comer common to Sections 23, 24,25 and 26 of said Township and Range; thence continuing along the south line of acid Section 23 North 89°38'47" West 498.62 feet to the POINT OF BEGINNING; thence continuing along said south line North 89038'47" West 489.12 feet; thence departing fiom said south line North 00'22'17" East 382.60 feet; thence South 89°41'25" East 50.71 feet; thence North 00642'47" East 35.95 feet; theme a South 88050'33" East 441.26 feet; thence ' South 00047'29" West 412.41 feet; to the POINT OF BEGINNING. Said parcel contains 4.64 acres, more or less. REV PROVAL BY DEC 0 1 2011 MERIDIAN PUBLIC WORKS DEPT. .... 1984 W.Ovedand • '9oae.003705 • Phons pB) 542-0091 • Fax M') 342-M2 • vrew.ggaftot.cc .. .. . CAN Englneedng Swvopg • comhucaon Management Exhibit C - 9 - EXHIBIT A OVON N3ONll 'N I oz �z _Z O W OL m ,14ZL4 \ M„ 6Z,Lb.00S w co 93 3„L I,U.00N Exhibit C -10- C EXHIBIT A OVON N3ONll 'N I oz �z _Z O W OL m ,14ZL4 \ M„ 6Z,Lb.00S w co 93 3„L I,U.00N Exhibit C -10- W O U fE ° W Z � o O N o} W m U U m m 2 X W EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation and Rezone Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: A. The map amendment complies with the applicable provisions of the comprehensive plan; The applicant is proposing to annex 30 acres of land form RUT in Ada County to the R-8 zone in the City and rezone of 51.61 acres for the R-4 and TN -C to R-8 and C -C. The proposed zoning districts are consistent with the Comprehensive Plan. The Council finds that the proposed development complies with the applicable provisions of the comprehensive plan. B. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council fmds that proposed development would comply with the established regulations and purpose statement of the R-8 zoning district. The Council finds that the proposed map amendment does comply with the regulations of the proposed district. C. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendments should not be detrimental to the public health, safety, or welfare. Staff recommends that the Commission and Council rely on any oral or written testimony that may be provided when determining this finding. D. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendments will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site since services are not available. E. The annexation is in the best of interest of the City (I1DC 11-513-3.E). If the applicant complies with the development agreement provisions and the conditions of approval, the Council finds the annexation and the rezone is in the best interest of the City. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed Exhibit D - 1 - EXHIBIT A development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. A There is public financial capability of supporting services for the proposed development; Staff recommends the Commission and Council rely upon comments from the public service providers (i.e., police, fire, ACED, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council or Commission's attention. ACHD considers road safety issues in their analysis. Staff recommends that the Commission and Council reference any public testimony that may be presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Commission and Council should reference any public testimony that may be presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff is unaware. 3. Conditional Use Permit Findings The Council 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 Council finds that the site is large enough to accommodate the proposed use and comply with the dimensional and development regulations of the R-8 zoning district. 2. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Comprehensive Plan Future Land Use Map designation for this property is Low- density residential, Medium -density Residential and Mixed-use Community. The Council fords the proposed subdivision and outdoor recreation facility complies with the applicable Plan goals and objectives and the requirements of the UDC. 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. Exhibit D - 2 - EXHIBIT A The Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general area and with the existing and intended character of the area. Further, the Council believes that the proposed use will not adversely change the essential character of the area as the major of the county development is low density in 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 Council finds that, if the Applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other property in the area. The Council relied upon the public testimony and determined the development will adversely affect the other property in the vicinity. 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 Council finds that the subject property is currently served by public facilities such as streets, police, and fire protection. The Council finds that the proposed use will continue to be served adequately by those facilities and services previously mentioned. 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. The Council finds the proposed use of the property should not create excessive additional costs for public facilities and services. The Council finds 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 Council does not believe that the proposed use will involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reasons of excessive production of smoke, fumes, glare, or odors. 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. The Council finds that there should not be any health, safety or environmental problems associated with the proposed use that should be brought to their attention. The Council finds that the proposed use of the property as an outdoor recreation facility will not result in the destruction, loss or damage of any natural, scenic, or historic feature of major importance. 4. Variance Findings: The City Council shall apply the standards listed in Idaho Code 67-6516 and all the findings listed in Section 11-513-4.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: 1) The Council believes the extended block length for block 1 would not grant a right or Exhibit D - 3 - EXHIBIT A special privilege because the existing street network is in place and existing fairways and planned fairways limit street and pedestrian connectivity. Further the Council finds the extended block for Block 2 and 3 is necessary to comply with the UDC requirements for developments alone state highways and provide eastern connectivity to the adjacent property. 2) The Council finds granting the right-in/right-out access to Chinden Boulevard as proposed by the applicant does not grant a special privilege as other properties along Chinden Boulevard because the applicant is restricting the access and constructing a new collector road to align with the signalized intersection b....e ., a A l lc ppre, e the mne consistent with 41... Tmn B. The variance relieves an undue hardship because of characteristics of the site; 1) Council finds granting the variance for block Iwould relieve the applicant from an undue hardship because this portion of development was designed and constructed with the Spurwing Subdivision and the existing golf course and planned golf course will surround the residential lots making it difficult to provide additional street and pedestrian connections. Although granting the variance provides no relief of an undue hardship for Block 2 the UDC requires the construction of a backage road alone state highways and restricts access to state highways. Complying with the block length requirement would conflict with this section of the UDC 11-311-4 The applicant must also coordinate with the Fire Department and meet the requirements of the International Fire Code regarding the Qxlonded block lengths. For these reasons. the Council finds the applicant meets the intent of the ordinance and increases connectivity in the area 2) Council finds d dite hardst" c „the applicant's proposal to construct Ove ee :e because a new collector street proposed at the half mile to align with Long Lake Way to the south is consistent with UDC 11-3H-4. The Council finds that the applicant's mixosal to restrict the existing access to Chinden Boulevard to a right -in and riQ t - out assists in limiting full access points to the state highway and is subject to ITD's C. The variance shall not be detrimental to the public health, safety, and welfare. 1) The Council finds granting the variance for the extended block lengths for the entire subdivision would not be detrimental to the public health, safety and welfare of the community. The applicant has been coordinating with the Fire Department to address any public safety concerns. 2) The Council finds granting the access variance to Chinden Boulevard would not be detrimental to the public health, safety and welfare of the community; if the applicant Exhibit D - 4 - EXHIBIT A secures ITD's approval and adheres to ITD's highway safety standards. ITD leas ...A....teA R.e :.. t:.. C ........:.... ntranee does not meeL-riTT lisy F eterseet: Exhibit D - 5 - Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5T PROJECT NUMBER: MDA 1 1-01 ITEM TITLE: Findings of Fact and Conclusions of Law for Approval: Meridian Town Center by Meridian CenterCal, LLC Located Northeast Corner of N. Eagle Road and E. Fairview Avenue Request: Modification to the Development Agreement to Include Limitations on Certificates of Occupancy that are Tied to Phasing of Development and Requirement to Comply with ITD's Project Specific Comments MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (::E IDIAN IDAHO In the Matter of the Request for a Modification to the Development Agreement for Meridian Town Center, Located on the Northeast Corner of N. Eagle Road & E. Fairview Avenue, by Meridian CenterCal, LLC. Case No(s). MDA -11-012 For the City Council Hearing Date of: January 24, 2012 (Findings on February 7, 2012) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of January 24, 2012, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -1 I-012 -I- 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 Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the attached Staff Report for the hearing date of January 24, 2012, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for a modification to the development agreement is hereby approved per the Staff Report for the hearing date of January 24, 2012, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). 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 January 24, 2012 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -11-012 -2- i-/ By action of the City Council at its regular meeting held on the � day of �` 1✓ 2012. COUNCIL PRESIDENT DAVID ZAREMBA VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER CHARLIE ROUNTREE VOTED (� COUNCIL MEMBER KEITH BIRD VOTED MAYOR TAMMY de WEERD VOTED_ (TIE BREAKER) Copy served upon Applicant, The Planning Department, Public Works Department and City Attorney. B a Dated: a � 8/1Q Ci Cler 's O Ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -11-012 -3- EXHIBIT A STAFF REPORT Hearing Date: January 24, 2012 TO: Mayor & City CouncilE IDIAN*-- FROM: Sonya Watters, Associate City Planner I D A H-0 208-884-5533 SUBJECT: MDA -11-012 — Meridian Town Center (CenterCal Property) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Meridian CenterCal, LLC, requests approval to modify the development agreement (MDA) (Instrument No. 108131103 & 111055939) for the CenterCal portion of Meridian Town Center. The modification is proposed at the request of the Idaho Transportation Department (ITD) to clarify that land use applications are subject to their project specific comments and to include limitations on certificates of occupancy that tie improvements on Eagle Road to phasing of development. See Section IXAnalysis for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed MDA as shown in Exhibit A NEW'qati! III 118111'LCI lel UYIQIll 11191■ w 1111Cy1 Val W 11 r_ I M Minn WNOT1111MUTOPI1I r.AlrtrFor.0r1r41iTffMMrTM1 I. 1 1 1 1 I J. \ 11.' — - 11111'1 _ \11' 1 1 1 1 1 l' 1, 1 \' 1 1 1 _ 1_ 1 , 1' 1 1 — - 1 '111'.1_1 II 11 I � 1' III 11 111' II , 1 1111 \11' 1 'M "I WRILIJ 0 U I,1%1 I Mjil \11' 1�J it 1.1.."1.1, 11 M. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number MDA -11-012 as presented in the staff report for the hearing date of January 24, 2012, with the following modifications: (Add any proposed modifications.) I further move to direct Legal Department Staff to prepare an amended Development Agreement for this property that reflects the changes noted in Exhibit A. Denial After considering all staff, applicant and public testimony, I move to deny MDA -11-012 as presented during the hearing on January 24, 2012, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number MDA -11-012 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of E. Fairview Avenue & N. Eagle Road, in the southwest '/n of Section 4, Township 3N., Range IE. B. Owner(s): Meridian CenterCal, LLC 7455 SW Bridgeport Road, Ste. 205 Tigard, OR 97224 C. Applicant: Same as owner D. Representative: Deborah Nelson, Givens Pursley, LLP 601 W. Bannock Street, Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for a development agreement modification. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: January 2, and 16, 2012 C. Radius notices mailed to properties within 300 feet on: December 29, 2011 D. Applicant posted notice on site by: January 13, 2012 VI. LAND USE A. Existing Land Use(s) and Zoning: This site is currently in the development process and is zoned C -G (General Retail & Service Commercial). B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural residential property zoned RUT in Ada County & vacant land approved for apartments, zoned R-40 2. East: Vacant property conceptually approved for multi -family residential & office uses, zoned C -G; and Kleiner Memorial Park in the development process, zoned C -G 3. South: Retail uses in Crossroads Shopping Center, zoned C -G 4. West: Vacant land conceptually approved for office & retail uses, zoned C -G C. History of Previous Actions: • The subject property is one of three properties included in the Meridian Town Center annexation (AZ -07-012). The subject property is governed under development agreement Instrument No. 108131103. At the time of the annexation hearing, the northern portion of the site was within the Kleiner Family Trust ownership histrument No. 109009630. • A variance (VAR -07-017) to UDC 11-311-4 which prohibits new approaches from directly accessing a state highway at points other than the section line road and the half mile mark between EXHIBIT A section line roads was approved by City Council on February 19, 2008. Two right-in/right-out access points and one right-in/right-out/left-in access points are allowed for access to/from the site via SH 55/Eagle Road. • A development agreement modification (MDA -11-002) was approved m2011 to include anew conceptual development plan and changes to the text of the agreement. D. Utilities: 1. Public Works: No concerns E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the floodplain or floodway. VII. COMPREHENSIVE PLAN POLICIES AND GOALS This property is designated "Mixed Use — Regional" (MU -R) on the Comprehensive Plan Future Land Use Map. The purpose of this category is to designate areas at prominent comers of major arterials for developments that provide a mix of employment, retail, and residential or public uses. The developments should be anchored by uses that have a regional draw with the appropriate supporting uses. The subject 90+/- acre property, zoned C -G, along Eagle Road, a major arterial street, is proposed to provider mix of employment, retail, and residential uses consistent with the MU -R designation as shown on the conceptual development plan. VDI. UNIFIED DEVELOPMENT CODE A. Purpose Statement: Per UDC 11-2B-1, the purpose of the commercial districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Four districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Unified Development Code (UDC) 11-213-2 lists uses that are principal permitted uses, conditional uses, and prohibited uses in the C -G zoning district. No changes to specific uses are proposed with this modification. Certificates of Zoning Compliance have been issued for the project consistent with approved concept development plan in the DA. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The request is for a modification to the Development Agreement (DA) (Instrument No. 111052692) for Meridian Town Center. The proposed modifications are at the request of ITD and include a clarification that land use applications are subject to project specific comments from ITD as well as ACHD; and limitations on Certificates of Occupancy (C of O's) that are tied to phasing of development. No limitations on occupancy will apply to the first phase of developed area up to 680,000 square feet (s.f.). No C of O's for the second phase of development (that exceeds 680,000 s.f. up to 950,000 s.f) will be issued until Phase 2 highway construction is commenced by providing surety as referenced in the Sales Tax Anticipation Revenue (STAR) Reimbursement Agreement agreed upon by the developer, ACHD and ITD. No C of O's for the third phase of development (that exceeds 950,000 s.f.) would be issued until Phase 3 highway construction is commenced by providing surety as referenced in the STAR agreement. The applicant's proposed text changes are included in Exhibit A. Staff's recommendation is included in blue italicized text after that proposed by the applicant. In summary, staff recommends approval of the proposed modification. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Applicant Proposed Changes to Development Agreement EXHIBIT A Exhibit A.1: Vicinity Map EXHIBIT A Exhibit A.2: Applicant Proposed Changes to Development Agreement Applicant'sproposed changes are noted in black strike-out/underline format, staff's recommendation is noted below in blue italics. SECTION 5 5.5 The applicant is required to comply with all ACHD and ITD conditions. City will not sign off on any occupancy cards without first receiving ACHD's signature and sign -off. All applications on the Property are subject to ACHD's and ITD'S project specific comments, regardless of the type of application (i.e. conditional use permit, certificate of zoning compliance, etc.). No details related to access to the Property are approved with the subject annexation and zoning approval. The proposed access locations on the major arterials will be as approved by ACHD and ITD. Staff recommends approval of the proposed change SECTION 13 CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by City. No Certificates of Occupancy shall be issued that would bring the total amount of Owner/Developer's occupancy -permitted space (whether retail, commercial, residential or other) to any amount exceeding 680,000 total developed square feet unless and until Owner/Developer has commenced the second phase of construction by providing the surety referenced in Section 3.4 of the Sales Tax Anticipation Revenue Reimbursement Agreement agreed to by the Owner/Developer, ACHD and ITD ("STAR Agreement"). No Certificates of Occupancy shall be issued that would bring the total amount of Owner/Developer's occupancy_permitted space (whether retail commercial, residential or other) to any amount exceeding 950,000 total developed square feet unless and until Owner/Developer has commenced the third phase of construction by providing the surety referenced in Section 3.4 of the STAR Agreement. Staff recommends approval of the proposed change. Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5U PROJECT NUMBER: FP 11-013 ITEM TITLE: Final Order for Approval Oakcreek No. 2 by Norpac, LLC Located at Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of 41 Residential Building Lots and Six (6) Common Lots on 9.58 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT APPROVAL OF FORTY-ONE (41) BUILDING LOTS AND SIX (6) COMMON LOTS ON 9.58 ACRES OF LAND FOR OAKCREEK SUNDIVISION NO. 2, LOCATED IN THE NE % OF THE NE 1/ OF SECTION 33, TOWNSHIP 4 NORTH, RANGE 1 WEST, MERIDIAN, IDAHO BY: NORPAC, LLC APPLICANT HEARING DATE: JANUARY 17, 2012 CASE NO. FP -11-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on January 17, 2012 for final plat approval pursuant to Unified Development Code (UDC) 11-613-3 and the Council finding that the Administrative Review is complete by the Planning Department and Public Works 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 OAKCREEK SUBDIVISION NO. 2, LOCATED IN THE NE % OF THE NE 1/4 OF SECTION 33, TAN., R.1 W., B.M., BOISE MERIDIAN, MERIDIAN, ADA COUNTY, IDAHO, 2011, HANDWRITTEN DATE: 01/05/12, CLINTON W. HANSEN, PLS, SHEET 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR [Oakcreek Subdivision No. 21 (FP -11-013) Page 1 of 3 OF 2," 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 Department and the Development Services division of the Public Works Department dated January 17, 2012, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Engineering Solutions, 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. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR [Oakcreek Subdivision No. 2] (FP -11-013) Page 2 of 3 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 (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52 n44, By action of the City Council at its regular meeting held on the I day of 2�p 2012. By: G✓G�� Tammyd erd Mayor, Ci of Meridian Attest: oo09p{ Auccsrr tel— 11-o City of .iaycetLmoiman City Clerk rA SEAL Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By. Dated:_ o9 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR [Oakcreek Subdivision No. 2] (FP -11-013) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: SUBJECT: EXHIBIT A January 17, 2012 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 (2`VE IDIAN�- IDAHb Scott Steckline, Land Development Supervisor 208-887-2211 FP -11-013 — Oakcreek Subdivision No. 2 Final Plat I. APPLICATION SUMMARY The applicant, Norpac, LLC, has applied for final plat approval of forty one (41) residential lots and six (6) common lots on approximately 9.58 acres of land. This is the second final plat proposed for the Oakcreek Subdivision. The proposed subdivision is zoned R-8 (Medium -density Residential District). The gross density proposed with this phase is 4.28 dwelling units to the acre with an average lot size of 6,400 square feet. Amenities include a bocce ball court and a horseshoe pit. The site is located near the southwest corner of N. Black Cat Road and W. McMillan Road in the northeast ''% of northeast '/a of Section 33, Township 4 North, Range 1 West.. The Oakcreek annexation (AZ -08-004), approved on October 28, 2008, included a concept and phasing plan for 318.74 acres. The applicant concurrently submitted a preliminary plat for a 30 acre parcel located near the southwest corner of McMillan and Black Cat Roads consisting of 118 residential lots and 21 common lots. Applicant has completed phase one of the approved preliminary plat. Phase one consists 38 single-family lots and 8 common lots. Per UDC 11 -6B -3C, a final plat should be reviewed for substantial compliance with the approved preliminary plat. The following changes are allowed by UDC to grant approval of a final plat in order to determine substantial compliance with the approved preliminary plat: • The number of buildable lots is the same or fewer; • The amount of common open space has increased; • The amount of open space is relocated with no reduction in the total amount; • The number of open space lots has increased and • The transportation authority has required minor changes. Staff finds the proposed final plat to be in substantial conformance per UDC 11 -6B -3C and the approved preliminary plat attached as Exhibit B. If approved, the applicant has until September 20, 2012 to obtain the City Engineer's signature on the final plat or apply for time extension in accord with UDC 11-6B-7. H. STAFF RECOMMENDATION Staff recommends approval of the Oakcreek Subdivision No. 2 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. SITE SPECIFIC CONDITIONS The Applicant shall meet all terms of the approved annexation (AZ -08-004), development agreement (instrument # 109009629), the preliminary plat (PP -08-003) and final plat (FP -09-001) for this subdivision. 2. The applicant has until September 20, 2012 to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. Oakcreek Subdivision No. 2 — FP -11-013 PAGE 1 EXHIBIT A 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Engineering Solutions, LLP, dated January 5, 2012 by Clinton W. Hansen, prior to signature of the final plat by the City Engineer, as follows: • Revise note #13 to include instrument number. • The plat shall be stamped and signed by the surveyor. • Add a note on the plat to address the 8 -foot wide easement depicted along the front of the lots. 5. The applicant shall comply with the submitted landscape plan prepared by Jensen Belts Associates, dated December 14, 2011 with the following changes: • D«...:.1., the i t..ma ...1,.«t,.r isl..«.1s as «,... o.l to seDa-..to the 1-M-110-4 Os F,.«. *e tl,«..«gb tra ffi...s set faith ii UDC 11 2A �➢ 1 • The perimeter fencing along the shared boundary of Lot 13 and Lot 14, Block 3 shall be 4 - foot solid vinyl or 6 -foot open vision fencing as set forth in UDC 11-3A-7A7b. • The 8 -foot wide parkways along the front of the buildable lots may be installed at the time of lot development as set forth in UDC 11 -6C -3H. Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. 6. 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, Kimberly Cutler, at 887-1620 for more information. 7. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. 9. The subject property shall be subdivided prior to issuance of any building permits. IV. GENERAL REQUIREMENTS 1. Street signs are to be in place, water system shall be approved and activated, sewer line shall be installed and passed air test and video inspection and final plat recorded prior to applying for building permits. 2. A letter of credit or cash surety in the amount of 110% shall be required for all uncompleted fencing, landscaping, amenities, pressurized irrigation, sanitary sewer, water, etc., prior to signature on the final plat. 3. All development improvements, including but not limited to water and sewer, shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 1I - 5C -1. 4. The applicant shall provide a 20 -foot easement for all public water/sewer mains outside of public right of way (include all water services and hydrants). 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, 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 Oakcreek Subdivision No. 2 —FP -11-013 PAGE 2 EXHIBIT A Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 5. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to signature on the final plat. 6. Compaction test results must be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 7. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 8. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 9. All development features shall comply with the Americans with Disabilities Act and the Fair Housing Act. 10. 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. 11. 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. 12. 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 signature on the final plat by the City Engineer. 13. 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. 14. The applicant's 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 the ACRD. 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. 15. 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. V. EXHIBITS A. Vicinity Map B. Oakcreek Subdivision (PP -08-003) C. Proposed Final Plat D. Proposed Landscape Plan Oakcreek Subdivision No. 2 —FP -11-013 PAGE 3 EXHIBIT A Exhibit A — Vicinity Map Oakcreek Subdivision No. 2 — FP -11-013 PAGE 4 EXHIBIT A Exhibit B — Oakereek Subdivision (PP -10-001) Oakereek Subdivision No. 2 — FP -11-013 PAGE 5 Exhibit C — Proposed Final Plat EXHIBIT A PUT SHOWNG LOCATED IN TBE NE K OF THE NE K OF SECTW 33• TAN.. R.M. B.N. MENIOIAN• ADA 6WNTT, PAHO 2011 Vi ni jr annum �W�YN•. diV _.. _--____1 P' se i 10 N j M. wnAmo � wwa�H��u om p �:q • ENBINFFNINN n �I�I Gakcreek Subdivision No. 2 — FP -11-013 PAGE 6 EXHIBIT A Exhibit A — Proposed Landscape Plan NTE! Oakereek Subdivision No. 2—FP-11-013 PAGE 7 ENGINEERING plandep and enpf 090 commenilres for Ne NO SOLUTIONSLtP January 13, 2012 Mayor and City Council City of Meridian 33 East Broadway Meridian, ID 83642 Re: Oakcreek Subdivision No. 2 Final Plat File No. FP -11-013 Dear Mayor and Council: 1029 N. Rosario Street, Suite 100 Meridian, ID 83642 Phone: (208) 938-0980 Fax: (208) 938-0941 E-mail: es-beckym@gwestoffice.net We have reviewed staff continents for the City Council meeting of January 17, 2012, and have the following responses`: SITE SPECIFIC CONDITIONS I.. The applicant will comply. 2. Noted, 3. The applicant will comply. 4. The applicant will comply. S. Bullet Point 01—The applicant respectfully requests that the Council delete the requirement to install landscape islands in the two proposed street knuckles for the following reasons: • Ada County Highway District changed their Policy Standards and now requires the landscape islands be included as part of the public right-of-way. The District owns and controls the landscape islands. The District has reviewed the Oakcreeh No. 2 construction plans and requested deletion of the landscape islands in the two knuckles. (Comment 16 "ACHD would prefer elimination of the islands due to increased maintenance,") C:\Users\Becky\Domimenls\OukereekResponse.doc Mayor and City Council January 12, 2012 Page 2 • The proposed knuckles are shallow in depth; therefore, the landscape islands are very small in size. • The travel lane for the street will be delineated by a valley gutter, separating the knuckle from the roadway. • All sidewalks within the development are detached with an 8 -foot -wide landscape parkway, which softens the look of the roadway. Bullet Point # 2 — The applicant will comply. Bullet Point # 3 -The applicant will comply, 6. The applicant will comply. 7. The applicant will comply. 8. Noted. 9. The applicant will comply. GENERAL REQUIREMENTS 1. The applicant will comply. 2. The applicant will comply. 3. The applicant will comply. 4. The applicant will comply. 5. The applicant will comply. 6. The applicant will comply. 7. The applicant will comply. 8. The applicant will comply. 9. The applicant will comply. 10. The applicant will comply. C:\Users\Becky\nocnments\OnkereekR esponse.doc Mayor and City Council January 12, 2012 Page 3 11. The applicant will comply. 12. The applicant will comply. 14. The letter certifying street centerline elevations was submitted with the final plat application. Thank you for your review of this project. Please feel free to call me if you have additional comments or questions. Sincerely, Engineering Solutions, LLP Becky McKay Planner BM:ss cc: Coleman Homes C:W scrs\Becky\Documen Is\Onkcreek Response.dnc [C BLOCK 3 9 8 .1 AM JiLy 12 OF } I I 13 liOied 1 BOGGE BALL S I HOR5E5HOE PITS 1 BY OWNER :. i I '' • 14 I Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 5V PROJECT NUMBER: VAC 11-003 ITEM TITLE: Resolution No. Ia- 835 Jayker Common Drives by Spurwing Greens, LLC Located at North of Chinden Blvd, East of N. Jayker Way & West of N. Spurwing Way Request: Vacate the Following: 1) An Emergency Vehicle Access Depicted on Lots 1 and 7, Block 1; 2)Remove the Common Drive Easements on Lots 6, 7, 8, 9, 16 and 17, Block 11; & 3)Modify Plat Note #16 Removing Common Lot 18, Block 11, Platted with Jayker Subdivision No. 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items Moved from Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: 7A PROJECT NUMBER: FP 12-001 ITEM TITLE: Spurwing Grove No. 3 Final Plat consisting of 21 residential building lots and 3 common lots on 6.58 acres in an R-8 zoning district by SWG Brighton, LLC - n/of W. Greenspire Drive, approximately 600 feet west of N. Jayker Way MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: 7B PROJECT NUMBER: FP 12-002 ITEM TITLE: Messina Meadows No. 3 Final Plat consisting of 18 residential building lots and 3 common lots on 5.23 acres in an R-8 zoning district by Tuscany Development - n/o E. Amity Road, midway between S. Locust Grove Road and S. Eagle Road MEETING NOTES 6�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: Mayors Office: Resolution No. I a —93(o A Resolution Appointing Tiffany Morrin to Seat b of the Meridian Parks & Recreation Commission for a Term to Expire October 31, 2012 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. Q, 43G BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING TIFFANY MORRIN TO SEAT 6 OF THE PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, the remaining term of Seat 6 of the Commission will expire October 31, 2012; and WHEREAS, the City Council of the City of Meridian deems the appointment of Tiffany Morrin to Seat 6 to be in the best interest of the 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 § 2-2-3(A)(2), Tiffany Morrin is hereby appointed to Seat 6 of the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2012. 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 y of February, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this 2012. ATTEST: U APPROVED: dof February, Mayor Tat ' de Weerd �O�,i SDAUGUST (// 2L0 X90 V w 7aycee U.Holman, City Clerk � ' \ '" SEAT, �A yfF�°p RESOLUTION APPOINTING TIFFANY MORRIN TO S ie. iafk MERIDIAN PARKS AND RECREATION COMMISSION Page 1 of 1 (�E IDIANq,— Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: Of -arks & Recreation Commission O Planning & Zoning Commission O Meridian Arts Commission D Historical Preservation Commission M Traffic Safety Commission O Meridian Transportation Task Force 13 Impact Fee Committee 13 Solid Waste Advisory Committee O General Volunteer Po 'f w ton Special or Events as Needed (appointment not required) Name: +&YLq, . r r • C i/% Home Address: O J c )1" - p l�%!'r?C�/� t• < Telephone: \ % 1 % / 67 p at / F,Mail Address: Occupation: / LUT rLJ-VL Are you a resident of the City of Meridian? M es D No If not, do you I Ive in Meridian's area of impact? O Yes O No Why do you want to becgpc involved U'1 V�.ftJ-2,yY�P.tt:� � I�LUZ-yCL% bQ-Cl<._. 5'D Do you participate in any loeco service clubs 6r other orrg'a_niizattions? Y No If so, plepse l ist: What areas of city govAnment are of most interest to you? t,t�t +i ilial? �t.t.� . 6fIl't1� Have you participated in any level of volunteer government service in the past? m-'IYes O No If so, please list: Do you understand the tmcgLmmitment required to attend meetings and review/research data to make recommendations? s Signature Date % D /�� b Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 E:ax: (208) 888-4218 October 13, 2011 Mayor Tammy de Weerd Meridian City Hall 33 East Broadway Avenue Meridian, ID 83642 Dear Mayor Tammy, Please accept this letter of interest for the current vacancy on the City of Meridian's Parks and Recreation Commission. I have been a Meridian resident for a little more than a year. Through work, play and professional associations, I already know my family picked the best place to live in Treasure Valley. My first family outing upon moving to this vibrant and growing city was to Settlers Park, As I walked through the park's amazing play areas watching my 8 year-old daughter smile ear -to - ear, and as I read the sign on how the park came to be, I knew right then and there I wanted to do more than just live and work in. my new community — I wanted to participate in groups that made things happen. Through my current job at Broadview University, I have been able to do a lot of different things. I have met all kinds of people, participated in all kinds of different community events, and have become an active member of the Meridian Chamber of Commerce. I am a firm believer in community Involvement and giving back. My philosophy is to participate in the process and try to make a difference. Serving as a citizen volunteer on the Parks & Recreation Commission would be an excellent opportunity for me to practice my philosophy and beliefs. Thank you for accepting this letter of interest. It is my sincere desire to become more involved in my new city — and continue to help Meridian grow. Sincereln �d yespectf IV, Tiffany Mbp tiff Tiffany Morrin 1859 E. Cougar Creek Dr. Meridian, ID 83646 (717) 676-8327 Objective Be a valued member of a family -friendly community through work and community volunteerism. Experience Communications & Community Relations Specialist Apml 2ot1 to present Broadview University Meridian, ID Responsible for internal/external campus communications, and community outreach and engagement. Generate, edit and distribute all written contentfor internal and external publications, serve as campus photographer, maintain website and blog news content, promote campus through social media outlets, coordinate and plan events, and represent campus at community events. Media Relations Specialist June 2oo8---Apri1 2oii 74re Write Place PR www.thewriteplacepr.com Independent contractor for to startup companies. In charge of; all media relations, marketing plans, newsletters, working with TV and radio stations, newspapers, online media outlets and magazines worldwide to set-up interviews, taking photos, writing/distributing news releases for global distribution, managing social media initiatives, and maintaining website news content. Assistant News Director April 2oo7—October 2007 WHP-TV (CBS) Harrisburg, PA Manage 5o+ staff with news story selection, development, show content and overall presentation, negotiate contracts, formulate annual operating budget, work closely with other department heads, and served as interim news director for four months. Corporate Executive News Producer July 2oo5—Aprti12007 Sinclair Broadcast Group Hunt Valley, MD Oversee content, presentation and script approvals of two nightly newscasts for corporate headquarters news division. Work with a dozen local TV markets on national news coverage. Help manage 20+ staff. News Director February 2002—July 2005 KCAU-TV (ABC) Sioux City, 1A Responsible for all newsroom operations: hiring, recruiting, staff development, news story selection, overall content and presentation while working within department's operating budget. Oversee 20+ staff, train and mentor reporters, producers and anchors. Analyze Nielsen data to improve product/growth. Senior News Producer August 1999—January 2002 WXLV-TV (ABC) Winston-Salem, NC Help manage staff of 25 while producing early evening newscast. Responsible for content, presentation, script approval and mentoring co-workers. Direct internship program. Education Bachelor of Arts — Communications/Journalism Southern Oregon University — Ashland, Oregon Associate of Arts & Technical Journalism Certificate Umpqua Community College — Roseburg, Oregon Honors &Awards Meridian Chamber of Commerce Ambassador of the Month (September 2011) Underrepresented Minority Achievement Scholarship Phi Theta Kappa Member of the Year Omicron Delta Kappa Honor Society Oregon Newspaper Publishers Association "Best Feature Writing" (1992) Oregon Newspaper Publishers Association "Best Sports Photo" (1994) Oregon Newspaper Publishers Association "Best Spot News Photo' (1994) Oregon Newspaper Publishers Association "Best Overall Design" (1994) Volunteer Service Newsletter Editor Public Relations Projects November 2oo9—August 2010 April 2oo8 to present Izaak Walton League ofAmerica State of Iowa Department of Human Services York, PA Sioux City, IA Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. la-- $3-� A Resolution Appointing Adrianna Lutu as a Youth Member to the Parks and Recreation Commission for a Term to Expire August 31, 2012 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. .42 437 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING ADRIANNA LUTU AS A YOUTH MEMBER TO THE PARKS AND RECREATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian and the Meridian Parks and Recreation Commission recognizes and values the unique perspective of the youth of the Meridian community; and WHEREAS, Meridian City Code § 2-2-3(B) states that a youth member may be appointed to the Parks and Recreation Commission, for a term of up to one year; and 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 § 2-2-3(B), Adrianna Lutu is hereby appointed as Youth Member of the Meridian Parks and Recreation Commission, for a term to expire on August 31, 2012. 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 I qday of February, 2012. 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this77 I d of February, APPROVED: Mayor T e Weerd ATTEST: $GQ�a�,2eonpG&SE'!9� City of By: N; -- Jaycee Qlman, City Clerk IDAHO SEAL br6q a 6�w �fle iRE ASS` ADRIANNA LUTU - YOUTH COMMISSIONER APPOINTMENT FOR PARKS AND RECREATION COMMISSION Page I of 1 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8C PROJECT NUMBER: ITEM TITLE: Mayor's Office: Resolution No. Ia-835? A Resolution Appointing Ellen Caminiti as a Youth Member to the Solid Waste Advisory Commission for a Term to Expire August 31, 2012 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. la'? - 039 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING ELLEN CAMINITI AS YOUTH COMMISSIONER TO THE MERIDIAN SOLID WASTE ADVISORY COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 6 establishes the Solid Waste Advisory Commission, its members and terms of their appointments; WHEREAS, the City Council of the City of Meridian recognizes and values the unique perspective and input of the youth of the Meridian community as it pertains to solid waste within the City, and to that end Meridian City Code § 2-6-3(B) states that a youth member may be appointed to the Solid Waste Advisory Commission; WHEREAS, the City Council of the City of Meridian deems the appointment of Ellen Caminiti to the Solid Waste Advisory Commission to be in the best interest of the Solid Waste Advisory Commission and the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-6-3(B), Ellen Caminiti is hereby appointed to the Solid Waste Advisory Commission, for a term to expire on August 31, 2012. 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 r7'"—day of February, 2012. APPROVED by the Mayor of the City of Meridian, Idaho, this - day of February, 2012. APPROVED: °RpTY.➢AU ATTES 3�° Mayor e Weerd cityof By: IDIAN IDAHO ayce . Holman, City Clerk SEAL W opyr�B °d Ide TAE A9�Petl � ELLEN CAMINITI -YOUTH COMMISSIONER APPOINTMENT FOR SOLID WASTE ADVISORY COMMISSION PAGE 1 OF 1 Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: Planning Dept.: Southridge Subdivision Building Elevations 15� U -j C *Yyt-4 , ,O�j MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS (::�V1EP,1DIAN*,.-- February 2, 2012 MEMORANDUM TO: Mayor & City Council Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba FROM: Sonya Watters, Associate City Planner CC: Corey Barton, Mark Waldorf, Jason Densmer, Pete Friedman, Bill Nary, City Clerk RE: Southridge Subdivision Residential Architectural Design Guidelines A provision of the original development agreement (DA) for Southridge requires the applicant to obtain approval ofspecific and detailed architectural design guidelines for the residential portion of the development consistent with the elevations included in the DA. Since the initial approval of Southridge, the ownership of a large portion of the residential area has changed. On December 20, 2011, City Council reviewed revised building elevations submitted by the new owner for the first phase of the residential development; architectural design guidelines for the development as required in the DA had not yet been drafted. It was Council's direction to retain the original elevations included in the DA and tie development to the residential design guidelines in the Meridian Design Manual until such time as the applicant amends the DA to include guidelines as required. Subsequent to the Council meeting, the applicant has prepared revised building elevations that reflect the architectural styles of the original conceptual elevations that will actually fit on the lots in the first phase of development. The applicant is preparing an application for a DA modification to incorporate the new elevations and design guidelines. In the interim, the applicant requests Council approval of the attached elevations in order to move forward with building homes in the first phase of the development this spring. Community Development Department . 33 E. Broadway Avenue, Suite 102, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org S§ #§! \ C © )) . @ S / : \ \| \§ \�^ \ s --- ----------- . . ƒ. }» / 5 \\ §Q§! co . H |\ \/ i `/§{ ;U <( < <� \/�\_ �. {\ \ \\ )Elul &§ ,_•,! �. HBO ./\ |gig w T CD r O O -A OR -i w a rX-A C002 oomc cn - U3 O O cu 0M:5 O oo� KZM W o R II �go mo y� OOT 00 Hill 5HOy Pg�ZOQa�. Ao°zd�^�m4-Ija A y 00ja - `0=Om 5, WOOt2HO15E AVS, g s .. <m 0 w g 0 F FH ®N1IIIIII �go mo y� R Oak 6 l] Cl gE�B� N �P$•23m 3.C. o q —I foul ` m oG) 3a$�� m �$ m Hill - 111�111 .. 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Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8E PROJECT NUMBER: ITEM TITLE: Police Department: Donations of Radios, Modems and Radio Parts to Payette County Sheriff's Office MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8E1 PROJECT NUMBER: ITEM TITLE: Resolution No. 19 431 A Resolution of the City Council of the City of meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Payette County Sheriff Department, Idaho MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: $F PROJECT NUMBER: ITEM TITLE: Fire Department: Donation of Radios to Emmett Fire Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IM 2 z s 0 t I Y`0 8 W� W�3�tW..�CQ Je o �cLL tg = D,$ W mloo W 8.24 Ew reW $a go�a'L2, '9 W o£ c!g c ��8 v8 Q�WoOID 0 Cb �p.$0.�q CL m G = O Sv W mrci C V a a o. 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Yi aYi aYi w aYi w w`Ott= 2 o�n4 �Ix ,3000:osaaaaa300 ctmW.- p p o 0 0 0 0 0 0 0 0 0 W W o -N w 'o Z2�,�Be�Q�m� LL LL LL IL LL LL LLLLLL LLLLLL�p 3$ W -LL LL LL 2 S S 2 S C 0 c W E S 2 2 W g o d¢ s¢ o 0 0 0 0 0 0 0 o d d co o 0 0 mmmm'V'0'0 10 10 T� vawa-0a o00 co 00 W o_ W p zz zzzzzz zzzzzzzzzzzz Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8F1 PROJECT NUMBER: ITEM TITLE: Resolution No. 10-,-- yq o : A Resolution of the City Council of the City of Meridian, Idaho, Setting Forth Certain Findings and Purposes to Declare Surplus Property and to Donate Equipment to the Emmett Fire Department, Idaho MEETING NOTES A9rN"Y``�� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 10" - N 0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE EQUIPMENT TO THE EMMETT FIRE DEPARTMENT, IDAHO. WHEREAS, it is in the best interest of the City of Meridian to declare that certain equipment as attached in Exhibit "A" as surplus as these particular items are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy and Idaho Code section 50-301 allows surplus City property to be transferred to another local government when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the equipment listed herein until it were sold, if it could be sold, exceeds its value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the equipment listed herein as Exhibit "A" to the Emmett Fire Department, Emmett, Idaho, another local government agency. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that certain equipment attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the equipment listed hereinabove, for no monetary consideration, to the Emmett Fire Department, Emmett, Idaho. ADOPTED by the City Council of the City of Meridian, Idaho, this l T •day of 1 RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO EMMETT FIRE DEPARTMENT - I of 2 APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2012. APPROVED: Mayor T nvy de Weerd ATTEST: FED Of By:Jayc Holman, City Cleric RESOLUTION AUTHORIZING DONATION OF SURPLUS EQUIPMENT TO EMMETT FIRE DEPARTMENT - 2 of 2 �0call N0�oN ir I? �� � o m � � � 7� ip � '0Q'�i Q f0 O o � 00 W �i �IWO7 7�p pi g z g' m � 8 Vii' m c er m g ro N K Cl. n 7C n m -moi r a e U1 o g o � CA �''' }+' v 9 �' I w Mimi 'Ij T T fn Ul 41 U1 wl "� b 'Tb1'Io7 ' A 0 y N N co N -� c w 0a0( t� 03 N i c y i i f0 O o � 00 W �i �IWO7 7�p pi g 8 Vii' w c 3 INS U1 o � CA �''' }+' v 9 �' I w Mimi 'Ij T T fn Ul 41 U1 wl "� b 'Tb1'Io7 ' A 0 y N N co N -� c w 0a0( t� 03 N i c y i i f0 O W" Pryto 00 W N Off/ Nay p�p N VN N -1 t,1 N 1 VN y f� ,N N � ,N� N N V O V qqO V W �1 �"(Zy FVVjj W �I V Voll �Wl y�W�J p�� QW� pWa OWE pW� fit .s O C G v 0 W 0zQ 0 O O aaaaaa I m Oppt QNN (N(pp opp000�'�'p. a•_ aa•aap 0000S,p'o oSsoo 80 0, S CL Bonroro�vvvro�roro rororo $vv rov 0000 ro 7rorov 0 0 0 0 0 0 0 0 o b o 0 0 0 o e o � jE �� � �m all svc o• co- o -_o• rrcg '7.6{'��to{{� rnmmiom mm�'�'76m.rS1{m mmmfimmg m`�m 74-1 7yC ,pa ,p 7�p7�p p� 7W p�A AT+A s�;I� A AT. A7�; $gL p9o" S� d OO �OO O nO` O OOOO b OXF um OS7 8gggii�aa SS $$fig vzi C oc-4 -400 J��TTT Q� Js Of.IJ.�JJ JCOonoJoc`i'oo0 010 W000 b {{�y�S7l Q�Nj SNS} �JO� �p�p �TmJ NJ pJpJ (� QpO Cca ROS P tome O� Q/ N A fT +01 (�I ID W A W O OD V1 N fO N �UO}� N trVO CJD O1 W Q M M ana$$ bINmm Nuri N Z °C zo C�I m N m N N0 C [h ppff QQ/1 Q1 Q1 qg!! T qp h� NN N� J A .... ��*' �• $"� � �3T1`SN 1� Nh`i+N N lai O 00 � � �-• �• T T.A J.J JN N sOtp bfO HMO (e m0 OocOQ' mO��e com CA x899-C,7JX�I33(Ir oN00000vtg YnBi�Fn �s o opm`pp"�o X0)0)§4m fig$ PIP 0000 pp00, S SNp (Ild (N(��gppo 4Opm o O• pOp Q O, p OOpo 0( 0 S o 009 m S O S O S S O P 0 0 0 0 0 O 0 0 o 0 0 0 0 0 0 O Q O S O 3 39 3 azzz zzzzz zN � b at g b 3- �- TavUa >ZabMfva o� co a Ila 46il y^aI N.wfa� wC50 na ��« 3: ergcgxA d (Dm N fD 1v N I c0000�000000 5,0p Hi AM5 p0 Q1 p1 Q81 �ae�i as l a 1p. a C eJjSsa fi. n No 3 2 C CA co .. .. O n co [�szzzzzzzzzzzzzzzzz�$ }uNNDDDDDA1�DD>DYYYDDD-; ��(i (A Ci T 71 'II lj '7� 7I YI '71 71 T f/1 fA p C �-11114i� d Rgq n supe z N��a�ANRLa�77.Nis7i7 Y7 'ov z N 1 NOT a I o� N4(a 46il y^aI N.wfa� wC50 c0000�000000 3 n No 3 �. Q. ?. �, Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8Q PROJECT NUMBER: ITEM TITLE: Public Works Dept.: Award of Bid and Agreement for the "NW 1 st Street Water Main Replacement" Project to the Low Bidder, Star Construction LLC., for the Not -To -Exceed Amount of $88,619.50 MEETING NOTES ��aM�b✓ CG.w<,� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS City of Meridian Purchasing Dept. Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Brent Blake, Jacy Jones Date: 2/2/12 Re: February 71' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February Ph City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement for "NW 1s' Street Water Main Replacement - Construction to Star Construction LLC and authorize the Mayor to sin the Agreement and Clerk to Attest for the Not -To -Exceed amount of $88,669.50. This award is the result of Formal IFB #PW -12-10209A issued January 10, 2012 and opened January 26'x. Seven bids were received. Recommended Council Action: Approval of Award of Bid and Authorize the Mayor to sign the Agreement for the Not -To -Exceed amount of the Low Bid of $88,669.50. Thank you for your consideration. 0 Page 1 E N DIAN*-- Public � D A H O Works Department TO: Keith Watts FROM: Brent Blake Engineering Technician II DATE: 2/2/2012 SUBJECT: Project Information; NW V Street Water Main Replacement DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0340 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 II. DESCRIPTION Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba A. Background During Fiscal Year 2011 the Public Works Department budgeted to replace deficient and aging water mains throughout the City. A replacement priority schedule was completed based on three factors; pipe size, pipe material, and fire flow. Through research of record drawings and performing subsurface investigations, the main line pipes within this project area were found to be made of 4 -inch diameter cast iron installed during the 1960's. Recent modeling indicates that the current flow at the end of NW 1 st Street does not meet our standard for residential protection of 1500 gpm with all wells in the zone on (not in firm condition). Improving the fire flow is the primary benefit of the replacement project, but water quality and leak avoidance are also benefits as this pipe is aging and tuberculated iron pipe. Therefore, the above mentioned water lines have been identified as critical replacements within the downtown area. B. Proposed Project This project entails replacing approximately 650 linear feet of deficient water main with 8 -inch diameter polyvinylchloride (PVC) water main. This project will also entail the replacement of two fire hydrants and eighteen existing water services. Page I of 2 The majority of the work related to this project will be performed within the existing right -of way. However, the work will also include the replacement and reconnection of service lines which will be performed on private property. III. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work in order to anticipate, plan and provide public services and facilities that support the needs of our growing community, and to ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: The replacement of the substandard pipes in this project will significantly impact customer service and overall delivery in the following ways; it will reduce the risk of costly pipe breaks, ensure that dependable service is provided to current and future customers, increase fire protection capacity, and extend the life of City infrastructure. C. Fiscal Impacts: Budgeted Amount (3490-95000) Current Obligations (3490-95000) Balance Available for Construction (3490-95000) Proposed Construction Cost (3490-95000) Projected Remaining Amount Approved for Council Agenda: /��---- arren Stewart Page 2 of 2 $900,000.00 $472,250.00 $427,750.00 $88,619.50 $339,130.50 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES NW 1ST STREET WATER MAIN REPLACEMENT - CONSTRUCTION PROJECT # 10209A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 7th day of February, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Star Construction. LLC , hereinafter referred to as "CONTRACTOR", whose business address is P O Box 157, Star ID 83669 and whose Public Works Contractor License # is C -14428 -AAA -4. INTRODUCTION Whereas, the City has a need for services involving NW 15` Street Water Main Replacement - Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor underthis Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor 't may copyright the same, except that, as to any work which is copyrighted by NW 1Street Water Main Replacement - Construction page 1 of 13 Project 10209a the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $88,619.50 2.2 The Contractor shall provide the City with a monthly statement, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form NW 1"Street Water Main Replacement -Construction page 2 of 13 Project 10209a of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein with the exception of the Hunter Lateral irrigation work which must be completed by March 15, 2012. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day for both the Hunter Lateral irrigation work and full project completion. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Termination: PLEASE SEE THE COPE OF WORK FOR A TERMINATION SPECIAL CONDITION. If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice NW I" Street Water Main Replacement -Construction Project 10209a page 3 of 13 to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receivejust and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liabilityto the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 4.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. NW 1" Street Water Main Replacement -Construction page 4 of 13 Project 10209a 5. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITYfrom and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage ordestruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 5.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. NW 1s' Street Water Main Replacement -Construction page 5 of 13 Project 10209a 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 5.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 7. Warranty: Contractor must warrant the project for two years per the City of Meridian Supplemental Specifications, which by this reference are made a part hereof. 8. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Star Construction, LLC Attn: Ancil Irminger P O Box 157 Star, ID 83669 208-286-9198 starconstructionllctg')gmail com Idaho Public Works License #• C -14428 -AAA -4 NW I" Street Water Main Replacement -Construction page 6 of 13 Project 10209a Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 9. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records Prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to NW 1 Street Water Main Replacement - Construction page 7 of 13 Project 10209a audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 22. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. NW I" Street Water Main Replacement - Construction page 8 of 13 Project 10209a 23. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. 24. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY de WEERD, MAYOR Dated: Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK NW 1St Street Water Main Replacement - Constructi Project 10209a STAR C TR . TI ,LLC :Ancil Irminger Dated: Purchasing Approval BY: KEIT T ,Purchasing Manager Mgr Dated: NW 1 st Street Water Main Replacement - Construction Project 10209a Departmenj%Approv,bl BY: WARREIq STEWART, Engineering Dated: 2,13 / �-- page 10 of 13 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -12-10209a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -12-10209a, are by this reference made a part hereof. **IMPORTANT NOTE** PER THE INVITATION FOR BID, IF THE LICENSE AGREEMENT BETWEEN NAMAPA-MERIDIAN IRRIGATION DISTRICT AND THE CITY OF MERIDIAN IS NOT RECEIVED BY THE CITY BY FEBRUARY 10, 2012 THIS AGREEMENT SHALL BE CANCELED AND THE PROJECT WILL BE RE -BID AT A LATER DATE. NW 1St Street Water Main Replacement - Construction page 11 of 13 Project 10209a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $88,619.50. Item No. Item Description Unit Unit Price 307.4.1.E.1. TYPE C SURFACE RESTORATION SY $ 4.00 307 .4.1.G.1.a. TYPE P SURFACE SY $ 18.00 RESTORATION - PERMANENT 307.4.1.G.1.b. TYPE P SURFACE SY $ 6.00 RESTORATION - TEMPORARY 401.4 .1.A.1.a. 6" PVC, AWWA C900, DR 18, WATER LF $ 44.00 MAIN 401. 4.1.A.1.b. 8" PVC, AWWA C900, DR 18, WATER LF $ 37.00 MAIN 402.4.1.A.1.a. 6" GATE VALVE l EA $1,200.00 402.4.1.A.1.b. 8" GATE VALVE EA $1,350.00 NW 1 St Street Water Main Replacement - Construction page 12 of 13 Project 10209a 403.4.1.A.1. FIRE HYDRANT ASSEMBLY EA $3,100.00 404.4.1.A.1. 1"0 WATER SERVICE CONNECTION EA $2,200.00 706.4.1.G.1. CONCRETE REPAIR SY $ 40.00 2010.4.1.A.1. MOBILIZATION LS $2,268.00 SP -1 HOT TAP EXISTING WATER MAIN EA $1,500.00 SP -2 LAWN SOD RESTORATION SF $ 1.50 SP -3 CONNECT EXISTING WATER LINES TO NEW WATER SERVICE EA $ 100.00 SP -4 ABANDON EXISTING WATER SERVICE EA $ 20.00 SP -5 ABANDON EXISTING WATER MAIN EA $ 900.00 SP -6 REPAIR EXISTING STORM DRAIN SYSTEM CY $ 19.00 S P-7 18"0 3/8" THICK STEEL CASING PER DETAILS SHEET 6 LF $ 65.00 S P-8 REMOVE AND REPLACE EXISTING IRRIGATION PIPE LF $ 20.00 SP -9 LOCATE EXISTING IRRIGATION PIPE EA $ 50.00 SP-10INSTALL NEW 1"0 WATER SERVICE LINE (MAIN TO METER) LF $ 15.00 SP -11 REPLACE METER VAULT AND LID EA $ 200.00 SP -12 INSTALL NEW 1"0 WATER SERVICE LINE (METER TO HOUSE) LF $ 5.00 SP -13 TRAFFIC CONTROL LS $3,900.00 SP -14 WATER POLLUTION CONTROL LS $ 800.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. NW 1St Street Water Main Replacement - Construction page 13 of 13 Project 10209a Meridian City Council Meeting DATE: February 7, 2012 ITEM NUMBER: 8H PROJECT NUMBER: ITEM TITLE: Clerks Office: Approval of Beer License Owner Transfer from Crawforth Brothers 4, LLC to Doughboys LLC dba Piehole Pizza Located at 726 N. Main St. MEETING NOTES 4?� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 7. 2012 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS