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HomeMy WebLinkAbout2014-05-13�E IDIAN CITY COUNCIL WORKSHOP IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, May 13, 2014 at 3:00 PM Roll -Call Attendance O David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Development Agreement for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District B. Development Agreement for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots C. Development Agreement for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R-4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium -Density Residential) Zoning District D. Approval of Award of Bid and Agreement to Stevens & Sons Well Drilling, Inc. for the 77 Acre Park Well Development" Project for the Not -To -Exceed Amount of $92,784.00 E. Approval of Award of Bid and Agreement to Cascade Pipeline Corporation for the "Sewer Line Replacement - Site 14 Construction" Project for a Not - To -Exceed Amount of $51,267.50 Meridian City Council Meeting Agenda — Tuesday, May 13, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Agreement for Use of Privately -Owned Electric Personal Assistive Mobility Device (Segway) by Parks Ambassador G. Wastewater Treatment Plant (WWTP) New Administration Building and Laboratory Furniture Approval for the Not -to -Exceed Amount of $138,973.36 and Authority for Purchasing Manger to Issue and Sign a Purchase Order H. Release of Sewer Main Easement with Lynx Investments I. Harks Corner Water Main and Sewer Main Easement J. Sewer Main Easement at the Amended Plat of F.A. Nourses Third Addition Subdivision K. Well Site Lease Agreement with New Oaks LLC for Well 29 5. Community Items/Presentations A. Valley Regional Transit Annual Report by Kell! Fairless Approved B. Presentation and Potential Selection of Bus Route Service C. Annual Update by Ada County Assessor Robert McQuade 6. Items Moved From Consent Agenda None 7. Department Reports A. Community Development Department: Strategic Plan Update B. Economic Development: Presentation of Draft Recommendations of the Economic Development Audit/Strategy and Fields District Findings by Pegasus C. Community Development: Unified Development Code (UDC) Amendment Process Discussion D. Community Development: Review Draft Comprehensive Plan Existing Conditions Report for 2014 E. Legal Department Report: Outdoor Sales and Temporary Use Code Updates Motion approved to move forward Meridian City Council Meeting Agenda — Tuesday, May 13, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Legal Department Report: Title 1 Updates Motion approved to move forward G. Amended title to read: Legal Department Report: City Code Provisions Regarding Texting While Driving and Covered Loads Motion approved to move forward H. Fire/Code Enforcement/Legal Department Report: Parking Code Updates Motion approved to move forward I. Police Department Report: Trauma Intervention Programs, Inc. (TIP) Approved 8. Ordinances A. Ordinance No. 14-1605: An Ordinance (AZ 14-002 Revolution Ridge Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest '/4 Of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Low Density Residential District); And Providing An Effective Date Approved B. Ordinance No. 14-1606: An Ordinance (RZ 14-002 Reardon Subdivision) For Rezone Of A Parcel Of Land Being Lot 2, Block 1, Hearthstone Subdivision As Recorded In Book 86, Page 9650, Ada County Recorders And A Portion For The Adjacent Right Of Way Of West Cherry Lane, Located In The NE'/4 Of The NW 114 In Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County; Establishing And Determining The Land Use Zoning Classification Of Said Lands From R-4 (Low Density Residential District) To R-8 (Medium Low Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved 9. Future Meeting Topics None Adjourned at 6:13 p.m. Meridian City Council Meeting Agenda—Tuesday, May 13, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop May 13, 2014 A meeting of the Meridian City Council was called to order at 3:03 p.m., Tuesday, May 13, 2014, by President Charlie Rountree. Members Present: Charlie Rountree , Keith Bird, Genesis Milam, Joe Borton and Luke Cavener. Members Absent: Mayor Tammy de Weerd, David Zaremba. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Warren Stewart, Brian McClure, Jeff Lavey, Scott Colaianni, Mark Niemeyer, Brenda Sherwood, Emily Kane and Dean Willis. Item 1: Roll -call Attendance: Roll call. David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener Mayor Tammy de Weerd Rountree: Good afternoon. I will call the Meridian City Council meeting -- Council Workshop of Tuesday, May 13th, at 3:03. First thing on the agenda is roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance Rountree: Thank you. First item on the -- second item is Pledge of Allegiance. If you would join me. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda Rountree: Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move that we adopt the agenda as published with -- on -- under Ordinances, 8-A, ordinance number is 14-1605 and 8-13 is proposed ordinance 14-1606. And with that I move we approve the agenda. Milam: Second. Meridian City Council May 13, 2014 Page 2 of 56 Rountree: I have a motion -- Nary: Mr. President, Item 7-G we'd also ask to add to the title regards to the Legal Department Reports. Bird: Oh. Yes. Okay. And the title read Legal Department Reports, City Code provisions regarding texting while driving and covered loads. Rountree: Is that 7-G? Bird: 7-G. Milam: Second agrees. Rountree: Okay. Motion and a second to adopt the agenda. All in favor, please, signify by aye. Opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 4: Consent Agenda A. Development Agreement for Approval: AZ 14-002 Revolution Ridge by C13, LLC Located at 1100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District B. Development Agreement for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots C. Development Agreement for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R-4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium - Density Residential) Zoning District D. Approval of Award of Bid and Agreement to Stevens & Sons Well Drilling, Inc. for the "77 Acre Park Well Development" Project for the Not -To -Exceed Amount of $92,784.00 Meridian City Council May 13, 2014 Page 3 of 56 E. Approval of Award of Bid and Agreement to Cascade Pipeline Corporation for the "Sewer Line Replacement - Site 14 Construction" Project for a Not- To -Exceed Amount of $51,267.50 F. Agreement for Use of Privately -Owned Electric Personal Assistive Mobility Device (Segway) by Parks Ambassador G. Wastewater Treatment Plant (WWTP) New Administration Building and Laboratory Furniture Approval for the Not -to - Exceed Amount of $138,973.36 and Authority for Purchasing Manger to Issue and Sign a Purchase Order H. Release of Sewer Main Easement with Lynx Investments I. Harks Corner Water Main and Sewer Main Easement J. Sewer Main Easement at the Amended Plat of F.A. Nourses Third Addition Subdivision K. Well Site Lease Agreement with New Oaks LLC for Well 29 Rountree: Consent Agenda is the next item. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve the Consent Agenda as published and for the President to sign and the Clerk to attest. Milam: Second. Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT, Item 5: Community Items/Presentations B. Presentation and Potential Selection of Bus Route Service Rountree: Thank you. I will note this is one of the first times that we have actually accomplished our intent for the workshop. We have no action items today. It's all Meridian City Council May 13, 2014 Page 4 of 56 information and staff reports. So, we got something right. The next item will be Item 5, Community Items, and Valley Regional Transit annual report from Kelli Fairless. And, Kelli, you're also going to do the presentation and potential selection of route? Fairless: Yeah. Rountree: Okay. Fairless: I'm actually going to reverse that order if it's okay. Rountree: That's fine. Fairless: Members of the Council, I appreciate the opportunity to be here today. We are going to talk about two things. I'm going to review the status of the Meridian Saturday shuttle and kind of let you know where we are at to date with the recommendation and, then, I will also provide you an overview of some of the activities we have scheduled for next year as well and our budget request. I'm going to start by reviewing the service designed principles that the route was designed around. Valley Connect is our strategic vision that we use for developing transportation options. We used that as the foundation for this project, except that it's kind of more akin to more the Saturday only service, but this is just a reminder of kind of the foundation and that's the map that we use to represent all the services in the region. The project to date we -- you all approved 60,000 dollars in your 2014 budget. The original concept was considered to connect downtown to Ustick Road and Boise city. We formed a project team and the members of that -- representatives of that project team are listed. We also developed a project management plan, a stakeholder outreach, and service option. Then we narrowed down the options to a Saturday shuttle service. I think we brought that back to you as an information item in one of your previous workshops. We completed public outreach and are here with the final recommendation for the City Council. Our planning assumption began -- or that we wanted to consider Valley Connect planned services. We were looking at the short-term route development from a return on investment philosophy. We developed options that were based on adopted service design guidelines, evaluated land use patterns, major activity centers, and asked ourselves as a group what -- what is the target market? Are we serving commuters? Shoppers? We looked at the -- the resources that we had available and how could we leverage this most effectively and what are the key activity centers that we wanted to serve. The first option that we brought to the public were -- one option that connected major activity centers in Meridian to downtown -- or to Town Square Mall in Boise. The other option -- the other is really one alternative with three variations. The first variation is -- so, all these -- alternative two are internal to the City of Meridian. This variation serves -- doesn't go all the way out to Ten Mile and also primarily serves Fairview Avenue. The next variation came from some public comment with the stakeholder group that brought some of the service out to the Ten Mile area to serve more of the neighborhoods in that area. All the routes connect downtown and the major parks and other retail. And, then, the third alternative brings the route from Fairview up to Ustick. Instead of serving Fairview it serves Ustick Road. We held public outreach. Meridian City Council May 13, 2014 Page 5 of 56 We did a stakeholder focus group. There were 15 people that attended that group and from that meeting we refined the options and that's how we came up with the different variations. We also refined the online survey tool. So, the stakeholders that were part of that group helped us shape that survey tool that we used. There was an open house where we reviewed the four alternatives and 20 community members attended that meeting and, then, the online survey we received 117 build out surveys and what -- that really represented a cross -sector of the region, the businesses and community members, so it wasn't just Meridian residents, I think it was also people who worked in Meridian and came from other parts of the region and the option -- emphasis on Meridian only service turned out to be the most preferred and I provide here the -- the one question, what, of the proposed route alternatives, would be most useful to you and the majority of people liked variation two and the most votes came with variation B that also brings the route out to Ten Mile. One of the things we looked at -- the project team looked at was going back to the design principles of direct, easy, and simple and thinking about the activity centers that the public wanted to see served. We started refining the proposal -- the final recommendation and it's a little hard to see, but these are arrows going two different directions. So, the way that this route would work is downtown would be the hub here and, then, a bus would go -- start there and go one direction and serve the activity centers going this way and, then, another bus would leave and serve the activity centers going the other direction. So, you would have the ability for people to get two way service that way and how that -- why that's important is that you would want to be able to go from downtown to Roaring Springs without necessarily having to ride all the way around and that was one of the things, as we looked at the route design, we wanted to make sure that we weren't making it a disincentive to ride and that was something that the committee agreed with. So, our final proposal to you is to take variation 2-B with the idea of making it a two-way route. It's a one hour loop each direction, so people can travel within that and also if they wanted to get all the way around they could do that as well. So, the decision process -- Valley Regional Transit executive board approved the route concept pending your approval. The transportation commission reviewed the recommendation and has approved that recommendation for your consideration and, then, it's your opportunity at your -- when you decide to -- whether you want to provide any input into the final route concept and approve that and, then, if there is any other funding parameters for the next phase, Valley Regional Transit, once we get your final blessing on the recommendation, will go to the next step to secure a service operator, finalize the route refinement for any technical issues and budget, so we can match the route to the budget and the technical issues, with the idea that we would put it into service sometime in August. So, with that, Mr. President, I would stand for any questions or discussion on that. Rountree: Questions for Kelli? Bird: I have none. Milam: I have none. Meridian City Council May 13, 2014 Page 6 of 56 Borton: Mr. President? Kelli, if you go back a few slides -- slide 14. The bottom survey result of none, the 21 people, was there any general consensus as to what caused people to reject all? Fairless: My recollection in reviewing them is that it's kind of a mixed bag, but some of them were that it wasn't a real -- it wasn't the service they were looking for. I think some of them came onto the survey wanting to see a more robust plan for Meridian, but I can't honestly say what percentage and how that would break out. So, I think it was a mixed bag. But that was my recollection. I'm going to turn to Caleb to see -- did you -- did that seem like what you saw, too? Sorry. Hood: Mr. President, Councilman Borton, we do have all the survey results, but as Kelli stated, it's kind of a mixed bag. If I had to give a percentage probably half of them would say, yeah, a more robust weekday service even to clarify what robust means. So, probably the other half I would say aren't interested in transit service in Meridian. I'm trying to ballpark it. So, the none I would say those are probably the two highest. Borton: Okay. Thanks, Caleb. Rountree: So, the recommendation would be for 2-B. Fairless: With our -- our variation of two way service. Rountree: With the two way -- two way service as presented. Any thoughts and recommendations? I wish David was here. It's kind of his bailiwick. He knows what's going on. I have talked to him about it and he's aware of what's been proposed. Fairless: Just to confirm, he was part of the project team that made the final recommendation and, then, he was also part of the transportation commission discussion as well. Rountree: So, I'd prefer to have a motion, as opposed to the nodding of heads to move forward with this. So, if someone would like to propose a motion to move forward with 2-13 or otherwise. Bird: Mr. Chair? Rountree: Mr. Bird. Bird: I move that we move forward with this transportation with inter -city of Meridian and go to the option selected as 2-13 by the transportation board and the Valley Ride recommendation. Milam: Second. Meridian City Council May 13, 2014 Page 7 of 56 Rountree: It's been moved and seconded to move forward with this project as stated. All those in favor signify by saying aye. Opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. A. Valley Regional Transit Annual Report by Kelli Fairless Rountree: Now you can give us an update. Fairless: Yes. Rountree: All right. Fairless: I actually did a fairly detailed presentation that became a foundation for my outreach for the other jurisdictions, but I'm going to spare you having to do that all over again, because I did that for the new members just to make sure everybody was on the same page. So, I'm going to give you a much more condensed version of that. The one thing that I have been pointing out as I have been doing my outreach to our local governments is this is our current system map and I think that you can see the big empty space in the middle of that map represents the services that Meridian doesn't have today that we would love to provide, but isn't available. As you can remember, the Valley Connect map shows a lot more service and the right amount of service we think for the City of Meridian, so we are -- we have got that gap between where we are today and where we want to be, but that's something that this map is more about what's not there than what is. I want to speak a little bit about the purchase of service project you all helped fund. This is the project that targets older adults and persons with disabilities. Valley Regional Transit became the designated recipient for Section 5310 dollars last year. We are applying those toward a pilot project in Meridian. The City Council approved up to 30,000 dollars for the transportation project. The federal funds match 80 percent of that, the cost of each trip, and I'm happy to report that the senior center has been averaging anywhere from 250 to a little over 300 trips a month. So, since that service started we are actually seeing some good results. We are taking that concept and applying it to create a network throughout the whole region. So, in Valley Regional Transit's perspective one of the most efficient ways of using those limited federal dollars is to get rubber on the road and how they have typically been used in the years past was to buy a vehicle for senior centers, which is very important, but we have figured out through vehicle sharing that we can actually -- Valley Regional Transit can procure the vehicles, insurance them, do the preventive maintenance at a much lower cost overall and, then, the vehicles are available during all times of the week. A lot of senior centers may only -- they buy a vehicle and they only need it two days a week. So, it sits unused the reset of the time. So, we think that this program effectively leverages regional resources not only financial, but also equipment and human resources. This project now -- and the partnership has grown to Valley Regional Transit, Treasure Valley Transit, they are assisting us as operating administrator of the program. The Idaho Transportation Department is the recipient of several different types of federal grants from the small urban and the large urban area -- or, I'm sorry, the rural area. We have Meridian City Council May 13, 2014 Page 8 of 56 been working with the area agency on aging, [COG, the Idaho Council of Government. They are interested in bringing and leveraging some of their federal older American tax dollars and I'm getting ready to submit an application to them for up to 81,000 to support our region -- at least in Ada County. The other parts of the county are being covered by some of the senior centers in other parts. But -- but this will be the first year that we apply for those area agency on aging dollars. The goal is in future years Valley Regional Transit will apply for those for the whole region, because what we would like to do is pool all the resources into one project and, then, use the senior centers to provide the transportation and coordinate it through our scheduling and reservation system and so, again, it leverages all of our regional transportation resources a lot more effectively and this cuts that cost of anywhere from eight to 12 dollars a ride. If you compare that to our Americans With Disabilities Act area transit service, our demand response service, which is about 30 dollars a ride, this is a very affordable way of providing service to older adults and people with disabilities, especially where those more traditional public transportation services don't reach. As an example, Parma has been doing this as a pilot with Treasure Valley Transit for the last two years and they have seen up to 60 percent increase in ridership and they are carrying like 12, 15 thousand trips a year on their services. So, we have seen this be a great success I think being able to do it in a -- by pooling the dollars, leveraging your resources -- the City of Meridian's resources I think we can maybe break base to go to other jurisdictions and also get additional local funding for it. So, instead of just making our standard, we are going to match our federal dollars, we can actually leverage all these resources, overmatch the money, and really pay attention -- pay more attention to how much service we can provide and not just set the bar at local if we can get enough match, so -- and I just said all those things that are in this slide, because I didn't remember I had this. So, the zones and the way this would work -- actually, Walt from COMPASS drafted this -- or created this map. So, this is the service zones that we would have for the purchase of service and we are in the urban service area Ada and so I'm applying for the area agency on aging dollars that would be -- Kuna is going to apply for Kuna's, but it would be all the urban area, including -- and including Star. So, Boise, Meridian, Eagle and Garden City. So, a review of the services that we are wanting to provide for you in the coming year, along with the budget request that we will be providing you, is a regional limited administration that's a per capita assessment. We are -- we have raised the per capita request by two percent this year. With those funds the kinds of activities that support Meridian include us completing the Meridian transit plan, we are going to finish a more -- the more longer term view of that for your consideration in your fiscal year '16 budget. We are also coordinating your plan with Kuna, Eagle, Nampa, Caldwell, and Boise plan, so that we can put some refinements to those. That also helps support our coordinated marketing and outreach program and the ride line customer information center and it matches our federal planning grants as well. You also fund a portion of the inter -county limited stop, which is the route 42 and, then, the inter -county peak express route, which is route 40, and the way that we determine that allocation is a combination of service miles, stops, and population. The majority of the planning for those services comes from Nampa and Caldwell, Canyon county, Ada County, and Boise city, all those participate at varying levels for that service and, then, included another 60,000 for the Saturday shuttle, assuming that that's successful and Meridian City Council May 13, 2014 Page 9 of 56 you would want to continue funding that. And, then, the -- what we are calling Community Link, which is that purchase of service, at another 30,000. So, that would be -- that's our request for your consideration when you're asked to deliberate on your budget this year and just keep that map up there and see if you have any additional questions. Rountree: Questions for Kelli? Cavener: Mr. President. Kelli, maybe you can jump back to the -- I think it was one of your first slides, I think you called it Community Link. Fairless: Uh-huh. Cavener: I just was curious. What are you seeing daily ridership being? I know you kind of talked about a monthly ridership. Are we seeing the same five people every day? Is there some days that are ten people, some days there is two people? Are there hot zone days, things like that, I would be very curious to know. Fairless: And I apologize, Mr. President and Council Member, I don't have that level of detail. I just -- what -- we were aiming for at least 500 trips -- that by the end of the year there would be 500 trips. My understanding is they were carrying about -- it seemed like it could be around four trips a day before, so we are probably more at least at the ten to 20 trips a day, so I think we are starting to see that increase and part of the project requirement as we really refined them and take the concept to the rest of the region, will be a very robust data management symptom. We have committed to the City of Meridian that we will bring our annual report for this project back after the first year and let you know how -- it will be every October we will provide you an annual report on the project and, you know, we are also going to be doing more -- more targeted marketing. We haven't really done as much of the marketing, partly because we wanted to see how -- how the demand was going to go -- the concern that we had is, one, we wanted to workout the bugs and make sure those were worked out and, then, not be the victim of our own success and use up all the money the first six months and not be able to have -- have it the rest. So, it's taking some time to just figure out what the demand is. I know Eagle is doing -- they are doing a similar type service that's not under the network. They are -- they are getting about 500 to 700 -- or about 500 trips a year and they are thinking that -- as I was talking to them about this application, that they could probably do another 150 a month pretty easily just with the demand that they are getting. So, I think -- I think it's going to probably be more than we can handle once the word gets out. Rountree: Kelli, what was the ridership on the inter -county link to -- Fairless: You know, that would have been in the other presentation, but I have a handout for you. I don't know if Jaycee was able to hand that out and I don't -- we don't have them broken out by individual routes on this report, but I can provide that. The overall inter -county routes are -- and one of the -- like the bottom left-hand that shows Meridian City Council May 13, 2014 Page 10 of 56 the ridership overall and we did see almost a 12 percent increase in the last year over the last five years, but I don't have that broken out by individual routes on this report. Rountree: If you can hand that to me I would -- Fairless: Yeah. Be happy to do that. Rountree: Any other questions for Kelli? Bird: You had the same question I had, that I would like to see a breakout, Kelli. Fairless: I would be happy to do that. Rountree: Thanks, Kelli. Appreciate it. Fairless: Thank you. Rountree: Look forward to that circulator. C. Annual Update by Ada County Assessor Robert McQuade Rountree: Our next item is the annual update from our county assessor Bob McQuade. Good afternoon and thanks for being here. McQuade: Good afternoon to you and it's nice to be here. I always look forward to my visit here over at Meridian. Usually these are really good or really bad, depending -- and we really don't track the normal city as the rest of the county and this year it's really really exciting news I have to share with you. The reason I come out and make this presentation on an annual basis -- I have been doing it for close to 15 years now would be my guess -- is we started doing it because local taxing authorities would be calling the office wanting tax information or express values to start putting budgets together. The information was collected on an ad hoc basis. We decided to formalize it, so that the information is more consistent from one jurisdiction to the next, as well as from one year to another for each jurisdiction, so we can compare what's happened over the year to you. So, that's one reason, just to -- for budgeting purposes. The second reason just to come out and give you an idea of what's going on the real estate market. Real estate is certainly a basic of the economy in just any community at all and I don't think I'm going to tell you anything you don't know already, but perhaps just to confirm what you know already, as well as give you information that might be a little more specific than what you know. So, before I get into the numbers, the question I'm always asked is how close are we to actual values. I have heard we are -- we over assess. By statute we can only assess at 90 percent of the value. We cannot -- to truly answer is on January 1st we have to be at market value and our definition of market value is what you expect the property to sell for January 1st. So, you would expect a sale price on January 1st and our assessed value as being close and we usually are reasonably close. The State Tax Commission has oversight of all the assessor's offices in the state and they do Meridian City Council May 13, 2014 Page 11 of 56 something called a ratio study. They take all of the sales that occurred the last two quarters of the year and the first two quarters of the next year and they trend those up to -- they will trend up to January 1st, making an adjustment based upon time from January 1st and, then, they will look at all of our assessed values and by statute we have to be between 90 and 110 percent of what those properties have sold for by that example. We are usually running right around 97 or 99 percent. Last year we were down a little bit. We were about 93 percent. The present supervisors assure we will be back up to 98 or 99 percent. When you drop below 90 percent the consequences are disastrous, not only for the assessor, but also for the taxing authority. There was a county up in north Idaho several years ago -- the assessor raised the values up to match the market and there was so many appeals being filed that the commissioners decided they couldn't hear all of the appeals, so they rolled, as a board of equalization, those values back to what they were the prior year. Well, they had some clients that were less than 90 percent. The State Tax Commission came in and ordered a re- appraisal and when they do that they add a straight ten percent plus on all property, so if you were at -- we will say 98 percent and that was done, you now would be at 108 percent and that's bad enough. It gets even worse than that and that is you can't appeal the value. That value is fixed. So, that's why you want to make sure you are within that 98 to 110 percent, why I was concerned -- concerned last year when you came in at 93 percent, but I think we will do much better this year. Just getting into a few numbers. Assessment notices are being mailed out next Friday -- a week from this coming Friday and are being mailed out to the post office, but also something new this year is we are going to e-mail assessment notices to 350 taxpayers that have asked for them. That just means 350 assessment notices. One taxpayer -- Xerox, for example, might have 500 assessment notices just because of the number of parcels. And we are really excited about that and there will also be a new electronic tax bill if they want to do that. Let's get into the really fun stuff. The numbers -- or the exciting number of what's gone on over in Meridian. This is my -- I think my 16th presentation and by far and away the City of Meridian has the very best numbers. No one's even coming close to that. The City of Meridian is 7.9 billion, almost eight billion dollars. That's up 19 percent over last year's values. That's really a big hefty increase, 19 percent. That's the market value. That's what we expect it to sell for. It's not what tax is going to be based on or what your budget is going to be based on. Your budget is going to be simply based on taxable value and what's called a potential taxable value, I take that market value that says nine billion, take out the homeowners exemption, which is 1.7 billion dollars this year, homeowners exemption has gone up to 84,000 dollars. Last year the homeowners exemption was 81,000. It dropped from the previous year. Well, that became very problematic when assessment notices went out in 2013, because the assessed values went up about ten percent, that's a medium increase, but yet the homeowners had dropped down and the 50 percent of our phone calls -- and we will get like 800 phone calls in a day when we send out assessment notices -- 50 percent of those had to do why have you increased values, dropped the notice, are you trying to -- you're just doing this to try to get more money from Meridian. I know. And so you have to explain to them that, no, that's not how it works. That, you know, as values go up that the rate goes down. But, anyway, the homeowners exemption has gone up 84,000 dollars. We need to take out -- not all exemptions have been approved yet. We are Meridian City Council May 13, 2014 Page 12 of 56 getting real close to it. As of last year the board of equalization had -- until the fourth Monday of June -- the fourth Monday of June to grant all injunctions. That was changed by statute a couple years ago. They all have to be approved by May 15th now. Not all exemptions have been approved. There is some standing -- outstanding and my guess is that 59 million dollars for those add to -- it would take a hundred more million -- excuse me -- to take that out and -- but when you add in operating property, that's the gratuity property that's assessed by the tax commission. We won't know what that value is on AT&T, the pipe company, Idaho Power -- we are not going to know that until the end of August. But that number last year was 59 million and you really shouldn't expect too much difference, about three or four percent this year. That's given the potential taxable value of about 6.2 billion dollars. That's a 22 percent increase over last year and that's a really -- be a really good number. Breaking that into residential and commercial, I want to tell you about -- briefly about residential. I mentioned the number. That is total count 32,460. Now, you can skip that number, but this really stands out, plus all the other jurisdictions I think have had about a half a percent -- about a one percent increase in the -- the new residential part. You have a three percent increase. That is really an exceptional increase in all of Ada County. Market value of single family residential is 5.6 billion. That's almost a 20 percent increase over last year. This number is pretty ordinary for the increase for single family existing. It kind of rides about 14 and a half percent, just slightly below. In fact, when I get to be -- when I put it in statistical terms there is really no statistically significant difference between that 14 percent and 14 and a half percent. But a number I think that is interesting to most people and that is what is the median value of single family residential that we have in our county. We have it as 177,500. Why is that so important? That's what values were in 2006. So, we have not even climbed out of where we were during that recession that started in 2007. We have just at 83 percent of the -- the highest value we had of 211,000 and that was in 2008. So, we have got a ways to go to dig our way back out. Commercial we have a total value of -- nontaxable market value of 2.2 billion. Part of that is personal property. Your personal property at 165 million, that's only 80 percent of last year's 205 million. Are you going to lose that? No. Because the Tax Commission -- the state is going to reimburse that difference, just -- flat out money. All of the personal property -- the exception that went into place last year, the state will give the county a check and they will disburse it to all the different taxing authorities. So, you will get that. That's going to stay static, unfortunately, because as businesses grow and personal property will be increasing. You're not going to get that increase unless it's over 100,000 dollars. There is a bill in the legislature this year to extend the personal property up to 250,000. That would have been another six million dollars. That didn't get a lot of traction, because it came late in the legislative session. I think, though, we are going to be another run made at that. Very likely passed I think in three to five years there will be no personal property tax in the state of Idaho, it will all be exempt. The main reason the legislature is moving toward that is they feel that would really be an incentive that would help to bring other businesses -- for businesses to start that would help improve economic growth. That last big number that is important -- and big I mean important -- is new construction, because by statute we get to increase our budget by three percent, plus the amount that is the product of the new construction roll times last year's levy. Let's say it's -- your market value is X Meridian City Council May 13, 2014 Page 13 of 56 and your levy was -- was Y and the value was a million dollars, you could add capacity of a million dollars, that's the new construction roll. So, it's really important. Especially important now that -- three or four years we had some taxing authorities that were close to the maximum levy -- in other words, your levy can only reach a certain amount. Beyond that it cannot grow and we are watching as values continue to fall, the taxing authorities are reaching the maximum levy and once they reach that they went down in their budget, unfortunately, the budget hasn't decreased. If we are watching new construction grow and values increase, we are moving from that, so not nearly as many taxing authorities are in jeopardy of being at maximum levy, so that's sort of like -- new construction is also important as a leading indicator or a leading indicator of what's going on, especially the piece on the -- the new substance of status. Your reconstruction roll of 364 million dollars, that's up 83 percent over last year. That's a really healthy number. Residential construction is 800 -- almost 900 new units. We have 139 commercial at 169 million in new construction. That's your market value. The change of status, we have vacant land or land that was ag land that has been taken out of the ag and is getting ready to be developed, we recognize that change in value and that shows up in new change of value and that to me is a leading indicator, because they will be building on that -- the improvement that will be put in. That's 67 million. That's a 360 percent -- 350 percent over last year. So, these numbers are really robust over here in Meridian, much more so than any of the places I have been. I have been to outlying areas, Boise city, Ada County, others -- by far and away you're the best. The last thing I wanted to leave with you is the tax burden. The tax on residential or commercial. Residential here in Meridian makes up 62 percent of the property tax and countywide that's 64 percent, so you're right at county. The commercial is 38 percent and countywide is 36 -- picked up five in the commercial. So, things are looking really good. I think that tax burden is just really a nice break out. If I was running the portfolio I think I would be really nice in leading the commercial to residential. So, Mr. President, Members of the Council, that's what I see that's going on over here in the City of Meridian and I think it's just really marvelous good news. Rountree: Any questions? Bird: I have none. Thank you, Bob. Rountree: Thanks for the great report. Bird: Very good. Rountree: Thanks for being here. McQuade: My pleasure. Item 6: Items Moved From Consent Agenda Rountree: Next item, items moved from the Consent Agenda. There were none moved. Meridian City Council May 13, 2014 Page 14 of 56 Item 7: Department Reports A. Community Development Department: Strategic Plan Update Rountree: Department Reports. Community Development, strategic plan update. Bruce, I assume you're doing this. Chatterton: Mr. President, Council Members, welcome to this edition of stump the chump. I will do my best. It's a tough job. A city council member I once served under referred to the community development department as being tip of the spear in terms of what the city -- a city tries to do and I think that's really true. So, much of what we are trying to accomplish as a city, so much of what you have seen in terms of the build environment, in terms of our community -- really, the community development team is very very hands on with those various levers, all the way from, what, 80 to 90 percent of a typical agenda that you have at night being land use items to our Community Development Block Grant program, which doesn't always get a lot of press, to the way we keep folks safe through our building program, to -- to economic development. So, we have some members of the CD team here and I want to apologize to them if, in the interest of brevity, I gloss over the very hard work that they do or perhaps even make specific mention of it. We actually have -- the next item is -- I'm going to try to flow into it and use these slides as flash cards for you, because the next item has to do with our economic development plan update and the Fields District update as well and a big part of what we are going to be talking about in terms of economic development you will be hearing about from our -- from Brenda and our consultant for those two projects. So, really want to move through this as -- as quickly as we can, but I would also ask you to ask questions at any point, because nothing is worse than a boring slide show. I want to talk very quickly about why we exist as a department. I want to review some of the threats we talked about a year ago and some of the responses we took to those threats. As you just heard from Mr. McQuade that Meridian development market is very busy. We want to quickly go through some of the reports we have on that. Talk quickly, again, about updates and special projects and economic development is especially going to be high level as this is the first year we are combining the economic development annual focus update with the overall department, as we do with -- with the other divisions within Community Development, but also we are going to be talking much more about economic development here when our consultants are cued up and, then, some of the current initiatives we are looking at and I want to review very quickly just a couple of threats that -- some things that are certainly on my mind, hopefully, they are on yours, and what we think we can do about them in the coming year. As I said, cue up that economic development audit and the Fields District update. Why are we here? The Community Development Department was created to give the Mayor, the CEO of the city, really that span of control for permitting. We didn't have that entirely when the community development was split between two different departments and, then, finally, to extend the reach and effectiveness of economic development. You could argue that economic development is really what we are all about. So, are the divisions. This has allowed us to create an integrated approach to the work of developing our community, Meridian City Council May 13, 2014 Page 15 of 56 all the way from development services and -- as a reminder, development services is the building department, plus all of the subdivisions and different structure work that our land group does as well. Planning and Zoning, who you hear so much from on your agendas and economic development. So, this integrated approach means that as we go through the development process you can see how the different divisions, in a very general way, are highlighted here. So, at the beginning, for instance, you have under business recruitment, economic development getting involved. A development would get the site selection design. Economic development might hand off or still be involved. Planning gets more involved. When we get into business assistance, which could be helping a business get off the ground, as Brenda often does, but also it includes the preapplication conferences that we have for a permit, you can have all three divisions get involved with that. The Development Services land group gets very heavily involved in the middle there, along with planning, you know, through the entitlement process and building permits, all the way to the building occupancy and inspections. Finally, economic development gets involved with our local businesses through business retention visits and really listening to the needs of the business. Finally, why we exist. To help to insure that safe, harmonious built environment and to the extent we can remove barriers -- work to remove barriers and create incentives for that type of development that we want in Meridian. Reviewing some of the threats that I -- I talked about a year ago. One of the things we had talked about was that -- I think you all know that we had, in fact, a couple Council Members had long experience with this -- we have for a city our size, a fairly unique system where most of our buildings function -- so that the building official, the plan review and inspection, are being performed by contractors. Now, that's common for smaller cities than Meridian. It's unusual for a city as large, as mature, and as full service as Meridian to have a system like that. It's served us well. And it continues to serve us well. We don't want to change that, but the system overall can limit how we can take our CARE values and the Meridian Way and apply that towards customer service. We have to have a bit of an arm's length approach. The contractors can't be perceived by the IRS or the labor department or anybody else as effectively as a City of Meridian employee. So, what we want to look at -- and I won't go into any detail here -- is how well is our program performing. This benchmark for quality and efficiency of it against our -- against other jurisdictions -- frankly, our competition. Think about in a small say our system and -- and an enhancement to -- in the coming -- -- in the coming a cycle. I really shouldn't be talking about enhancements yet. It's a bit early and, actually, the department heads haven't even looked at that, but I just wanted to kind of cue that up, this idea of how can we better bring the Meridian Way and the CARE values to our permitting system and improve the efficiency and the thoroughness of that system. Last year I also talked about the fact that we have great reviews from our professional customers. When I first arrived on the Meridian scene I talked to a lot of more prominent developers and contractors large and small and I said do you -- what's going on, how do you feel about our service and they said, well, you guys vary from being very good to pretty darn good and in many ways you're the best, if not the best, of all the places that we develop or build or design in. Increasingly, though, in terms of complaints and in terms of concerns that we hear for business, where we fall down is the small business customer. The one offers. The folks that really haven't had the experience of interfacing with a permitting agency and these folks have told us Meridian City Council May 13, 2014 Page 16 of 56 things like who is looking out for me at City Hall? Who is looking at the big picture for my project? You will have someone who will -- and I don't think this happens any -- that much more often, but Jaycee talked about instances where we have gotten calls from folks perhaps starting a business and they might be from out of state, they say, well, I'm calling to get my -- my business license and they are told, of course, truthfully, we don't have a business license -- or at least we don't for all businesses or regulate them and so these folks go out, you know, and start their business without looking at the other aspects of permitting, health department, a lot of things. Now, that doesn't happen anymore, because we have a much more integrated approach, but it is true that cities will take customers and -- or you invite them or you are a sewer connection hookup or you are a conditional use permit or you are just an inspection ongoing and that's all we see the customer as. So, in talking with small -- small business customers, one-on-one visits to folks like -- well, Ed's '50s Diner, Planet Rock Brewery, a number of other folks that had really not -- Ed's '50s Diner -- really aren't -- dealt a lot with the permitting system, we came up with a response. We said what if we had someone who could look our for you and that's where we came up with the idea of doing a small business coordinator program. That coordinator is that voice that works for -- for that business. Armed with checklists this individual is able to use a team to see the big picture of what the business owner is trying to accomplish and we have piloted -- what we said last year -- we were piloting the program and we still are. So, this is the flyer that we used. Christi Vigil is our small business coordinator and so far so good. We had an interesting meeting yesterday with a group that -- the Small Business Administration came to City Hall and they met with some budding entrepreneurs and in talking with them we found that not only folks that had horror stories, thank goodness not with Meridian, but with other jurisdictions, but also the fact that we have an individual there who was interested in starting a bakery and so far because of the small business coordinator program has had a very good experience with Meridian. Want to see that -- we want to learn from this experience and really use this to benefit small business. Last year we also said that -- there was a concern that Community Development really lacked a strategic plan and we do, that is -- not an updated one. I was hearing from my own team members, they were saying things like we care, but what's the big picture and ultimately what do my efforts all add up to. Well, since that time the Mayor's embarking on a city wide strategic plan and that would be, of course, individual business plans at the -- at the department level and Community Development would be no exception to that. Closely related to that is the economic development audit and plan that we will be hearing about in a couple minutes. That's a big part of the overall strategic planning efforts for the city in forming that. So, progress there. I want everyone to be on the same page. We need to know what that page is, because, boy, folks are enthusiastic and they are ready -- likened working for another city here locally as trying to effect change there is like trying to turn an aircraft carrier. Well, our Community Development group here is like turning a PT boat. They will say which direction do we go. They are very flexible and very enthusiastic and, frankly, have a lot of love for our community. Talk very quickly -- and this is complimentary I think as much as what we heard from Mr. McQuade -- the Meridian development market -- we all know that -- that Meridian is the bull's eye of our -- in fact, I think that's a direct quote from the general manager of the Village at Meridian, that Meridian is the bull's eye within -- within the region by virtue of a lot of Meridian City Council May 13, 2014 Page 17 of 56 things, the transportation network, our location and I think, frankly, our can do attitude. This is, of course, taken probably about a couple weeks ago in the Statesman. It really illustrates better than I could what's happened over the last ten years Meridian outpacing over twice as many permits as our -- as our largest neighbor. Eighty-five percent population increase over that period of time and as you notice -- and we, of course, are the -- the tan line there at the top, the kind of orangish line -- we were the strongest market, even during lean times. We didn't fall as far, even though we fell plenty far in terms of absolute numbers, but we didn't fall as far as a lot of other jurisdictions did and we bounced back -- we did bound back faster. So, it's a great situation to be in. This is an interesting graphic. It shows residential building permits from 2007 to 2013. So, on this, if you look at the 2012 and 2013 are basically going to be the orange and the red and you can see that Meridian, both the residential and here is the same similar graphic for commercial, we are that center of the valley, but also that westward edge as it continues to move and there is a bit of a hiatus before you get to the -- the communities of -- the Canyon county communities to our west. A lot of activity. Certificates of building compliance. These are staff level approvals. They usually take place within -- within just a couple of days. Conditional use permits, of course, are a public hearing level. Preliminary plats and final plats we processed 43 and 49 of those respectively this past year. In terms of annexation, almost 800 acres were annexed in 2013 and just over 300 acres of that were, of course, for the Kentucky Ridge and Meridian Heights annexation. Just some of the projects that we have seen coming through during the past year. The H.G. Fowler building, about 17,000 square feet. We have processed the Creamline industrial park, which is a multi -tenant building about 40,000 square feet. Done work for smaller users like Freddie's Frozen Custard and, then, institutions like Meridian High. I think the Mayor said if you didn't know where Meridian was before, you do now. It really has put us on the map in many ways as Idaho's first true lifestyle center and really a very unique development and I won't go through the individual ones that have opened up this past year, but we -- we meet on a regular basis -- actually, the city clerk has set up meetings with -- with the CenterCal folks to coordinate those -- those tenant improvements and those occupancies and that's been a good process so far. We appreciate the partnership. Once a month you all get our dashboard. This is a one page snapshot of economic development, planning, and building and maybe to zoom in on a couple of things, we have a snapshot that shows the available residential lots. For instance, for single family residential permits you will have that month and the calendar year to date, multi -family permits, ditto that month and the units year to date. Commercial permits CZCs, expired plats. So, we are trying to give you the best information that we possibly can, as succinctly as we can. For dwelling units you also get the current month and a comparison to the -- to that same month a year ago and for commercial value ditto. You notice here on the February one, which is the green one -- column right in the middle. We had a lot of commercial valuation coming through primarily from the Village at Meridian. Always invite -- every time I send this out I always invite any comments or any questions about how to improve it. We want to give you all a very good base, we want to give you that information as quickly as we can. Here is an important graph that we have every year -- table that we have every year. Those remnant residents that were returned to the General Fund that were in excess of our projection, of course, go back as they should to Meridian City Council May 13, 2014 Page 18 of 56 the General Fund and you will see that during the boom years of '05, '06, '07 upwards of two million to close to three million dollars in '06 were returned to the General Fund and you can see how we tanked. Zero. You know, basically, the General Fund supported Community Development during that time and started to come back in 2011, 600,000, and the year before, 2012, just over a million. So, happy to report that we returned 2.4 million dollars to the General Fund this last time and that gets us back not to the levels of the -- of the boom times, but it -- it shows some recovery. Go quickly through some of the special projects we have. Our staff action team has been on a bit of a hiatus. I think a lot of us, including myself, have been -- have been working on other -- other projects and they are a good group. To refresh your memory, if you hadn't heard about the staff action team, they are from -- they are front run folks from every part of our permitting program and the idea is that they are the ones that actually do the work and they are the best ones to come up with service improvements. So, we are going to be bringing some new energy to the staff action team, getting it up and going again. They have done a lot so far and we expect great things from them in the future. We found that the UDC -- we can't rest on our laurels since it was first adopted, we have to -- it's a living document -- we always say this about building codes. Rarely in practice do you actually see it. We are going to be going through regular cycles of amendments. As we see a problem with the UDC, we see things that can be improved, we are going to be bringing them to you. First for discussion -- in fact, Justin is going to be talking about that later in this meeting. And, then, second for -- for actual amendment once we get to the point where the code can be written. We really appreciate, again, the collaboration, especially with Bill Nary and the legal team in making this happen. It's really the right thing to do and we have told everyone if you see a problem with the code you have an ethical responsibility to bring it forward. The code should not be a barrier to development. Other special projects. When we look at Destination Downtown, the vision for downtown Meridian, we decided that it was important for us to put our efforts into streets. Streets really are the life blood of the downtown. So, Brian McClure and with an assist from Caleb, has been working on these two cross-sections, engaging property owners, really helping the businesses to make better use of the -- of the environment to improve conditions for pedestrians and business presence and to look for private partnerships where we can find them. So, a very -- really good effort to really improve the downtown the best way that it can be improved for the three. We keep the focus on the comprehensive plan at all times. It's also a living document and so that planners have been working very hard and actually the city, working very hard on updating the existing conditions report, which helps keep the comp plan current. Again, an important effort. We will go in a lot of detail about transportation projects that -- you know, you hear about them quite a bit in All Things Transportation. The split corridor is complete. I think we noticed that. Meridian Road interchange continues to develop, we continue to interface with the community and with ITD on esthetics, landscaping art, sidewalks, pathways, bike lanes and ongoing coordination, of course, with Kelli and her team at VRT, with COMPASS, and very important relationship with ACHD. CDBG. Again, we don't talk about this as often as we should. It's a small program, but it's a very important one and you just look at some of the folks that it benefits. The -- for senior employment training, the Meridian Food Bank, the buildings -- or helping to fund the 8th Street park restroom facility. The all abilities playground at Meridian Meridian City Council May 13, 2014 Page 19 of 56 Elementary. This is an administrative heavy project, but we are very blessed to have an able administrator in Lori and -- which we think is a good thing so that -- there will be a five percent decrease in funding, but that's typical of what communities are experiencing around the country. Economic development. This is the most high level I could give you of -- we are going to talk a lot about ED in just a second here. Fourteen hundred jobs, according to the Department of Labor, were created in Meridian last year and those were -- our top five were construction, healthcare, professional and scientific and technical services, accommodation and food services and retail. I think those last two are probably no -- no great surprise. Brenda had -- working, of course, with CJ, over 200 one-on-one business meetings, a number of business retention meetings, business assistance, helping -- helping business and, then, also business site search for relocation or expansion and over 72 organizational meetings with partners like the Chamber, BVEP and Commerce and Labor. So, this just shows you kind of the breakdown of how we distributed marketing information about Meridian. We distributed it to 49 site selectors via BVEP through their partners in commerce and through Linkedln and contacted and followed up on 68 leads that were directly generated through our interaction with the business community. Just to compare in-state versus out of state requests for expansion. We had 24 total requests for in-state relocation and expansion and 17 out-of-state requests and you can see the actual relocations and expansions on the right-hand column. Eleven for in state and one for out of state. And this gives you an idea of how -- how we -- Brenda spends her time currently. That may change as we get the results of the economic development audit, which you will see the lion's share of the business retention and expansion, followed by business assistance, business recruitment is a significant chunk of that and attending meeting, because in some ways if you don't -- if you don't interact with the business community you don't know what you don't know. Quickly a couple of threats. We are catching up. You probably noticed from -- from your hearings a lot of multi -family coming through. A lot of multi -family. In lots of ways we have -- under -- we are underserved for multi -family in Meridian and the demand is greater than so far the market has been able to produce, hence, all of the -- the applications that you see. Not in my backyard. A locally unwanted land use. Call it what you will. It's a feeling that we don't want -- that's inevitable. Change is hard. But how do we respond to a threat like this. We have to redouble our education efforts. The Council has a great history of supporting well- planned multi -family projects and not shying away from often the criticism that comes along with that. You all often are educators from up here, but through -- through neighborhood meetings or interaction with neighbors and maybe most importantly collaborating with the development community to make the project more acceptable to local neighbors. There is no perhaps great answer to this, but it is a threat out there and we can't -- we can't drop the ball on it. And something to maybe to cue up the economic development discussion here in just a moment, kind of a mega threat is that we have come to see that Meridian, despite our natural strengths, our location, the windfall we have had of all this development, we may be -- and, actually, are at a competitive disadvantage in terms of business recruitment. For one thing we need to refresh our economic development targets to know who we are pursuing. We need to have more available industrial sites. That's often an issue with not landing someone new. Urban renewal is part of an incentive package that many cities notably face -- Meridian City Council May 13, 2014 Page 20 of 56 Twin Falls has used two major land users. We are not using urban renewal in that way and so we want to open that discussion. And we also lack an effective organized reg team, but we are going to have one. A big part of what we are going to be doing is implementing those ED plan recommendations. I don't want to talk about what they are, assuming, of course, that you all are in favor of those recommendations. A big part of what we are going to be doing the coming year is -- is implementing those recommendations. Looking forward, yes, look at those recommendations, we want to look at -- and it's in this tool kit -- we want to look at the land use implication of that and amend the land use plan if necessary. Again, if you all think that there is a project as a result of the Fields District study, implement that as well. So, it's ongoing UDC amendments as always. Minor study. We have a few things -- a small enhancement for changes to the community development lobby. It really doesn't serve our customers very well right now and we do need to make some changes and I mentioned enhancements to the contractor base permitting system as well. Electronic document review. It's very important, so that we can review and review a huge plan set electronically and as I mentioned earlier the city wide and department level strategic planning effort as well. So, sorry to be long winded. Do want to move onto the economic development and the Fields District study, but happy to answer any questions about what you have just heard. Rountree: Questions for Bruce? Bird: I don't have any at this time. Rountree: Just an observation, Bruce. I think the transition in going through -- from building and planning to Community Development has taken place and I'm sure there is more work to do, but I think it was the right thing and I think you have brought it together and moving in the right direction. So, I appreciate your effort and appreciate your staff for buckling down and making it work. So, keep up the good work. Chatterton: Thank you, Mr. President. Appreciate it. Brenda now is going to cue up the next -- actually two items. We will be talking about economic development, the audit, and the Fields District as well. B. Economic Development: Presentation of Draft Recommendations of the Economic Development Audit/Strategy and Fields District Findings by Pegasus Sherwood: Good afternoon, Mr. President, Members of the Council. I just wanted to take this opportunity just to kind of give a little bit of background of how we came to hire Pegasus. First of all, I'd just like to say thank you to each of you. I don't need to explain to you what an opportunity it has been for me to work with an entire economic development team. I'm probably a little bit spoiled now, but it's been a great experience and we have a lot to share with you. So, as most of you know when I came on board about four years ago I inherited two initiatives. Those initiatives -- basically the Fields District and the CORE and those two initiatives have pretty much driven most of the Meridian City Council May 13, 2014 Page 21 of 56 economic development activity, but also our targeted markets. So, just to give you a little background about the Fields District and how we brought it and why we brought Pegasus on board. This concept is based on agriculture, of course, one of our CORE concepts. But it was also an aspiration to bring a certain amount of agricultural activities in the northwest area of Meridian. The initial vision was to create a shared research facility. Now, most of you know that I worked very diligently with former state representative Judd Jones and he took this to International Bio -Tech. Bio -Tech is a very hard industry to kind of tap into, actually, when many other states are basically sinking hundreds of millions of dollars into initiatives. So, we kind of went back and we said, well, what's the future of the ag industry and that was when we called upon Pegasus to come on and say here is some of the initiatives that we see your assets leaning towards. So, while we were doing this naturally we had to look at our workforce, because that was one of the hurdles that we ran into when we went to Bio -Tech was workforce research, some of the federally funded research that we had going on in the state. So, they started digging into this and so, naturally, as we start doing the quantitative analysis of the area, it just made sense for us to go ahead and pull them on board to kind of look at our strategic plan and where we will head in the future. So, that being said, just a little bit of background and I am going to turn it over Sean Garritson, so he can talk to you a little bit more about his findings. Garritson: Good afternoon. I'm Sean Garritson, I'm the president of Pegasus Planning and Development. I wanted to see if the rest of my team could just stand up. They are the smart people of this team. I'm just the voice. So, thank you very much. It's been a pleasure to work with the Community Development Department. Brenda and Bruce are great. As well as the other departments and the Mayor in particular. I wanted to -- so, you have seen it before. We have been working with the City of Meridian since September and I wanted to spend some time going through just a little bit of background on -- on what we have learned in terms of the audit. Keep in mind that there is a lot more that I'm not showing you. We don't have the time and I don't think you would have the patience for me to go through it. But I want to just remind us what the original goals were. An economic diversification audit and strategy in the Fields District plan. That's what we have been working on -- on two projects since December. So, these are both of the projects kind of -- you can see a lot of the scope of each of those and where we are at in the project. We really are about three-quarters of the way through. I think we just recently scheduled our final presentation to you, which is going to be just -- or, excuse me, July 1st. So, between now and then we are going to put a lot more detail into some of the things that you're going to show -- or see tonight. This really illustrates though -- we are developing two deliverables, one for the Fields, one for the economic audit and, then, the economic audit is actually going to be a plan that encompasses everything related to the Fields. I think that will help speed up to where the city can implement these strategies. So, there is a lot that we learned -- even major themes that we learned. Obviously, the growth has been phenomenal for you. When you look at the segments of that graphic that's been growing, the ones that are not growing is the 25 to 35 year old demographics and that's very important for you to understand that that's -- we need to figure out how to attract that group. In the group -- the type of group that you have is not sustainable. It's not sustainable fiscally. And we know that from Meridian City Council May 13, 2014 Page 22 of 56 the residential development and analysis we have been doing across the country. We need to think about a different kind of a model to support -- for a development long term. We have great education and work with development partners here in CWI and the school district. As Bruce mentioned, your bull's eye location is ideal, your location, your proximity to the airport, et cetera. But the cost of the land uses really don't support a lot of -- a lot of leads that have been coming from the state in from BVEP. Industrial, for example. I will talk more about that later. And also there is really no real small business or entrepreneurship program or activity. I think the initiative that -- to create a small business coordinator was a very very good initiative for the city, but I will talk more about that later. It's a big issue for you. And also you might argue with this, but our point is we do not have tourism assets and tourism is one of those aspects in your economy you want to grow, you want to diversify as much as you can in every area and that's one of those areas. And the city budget for economic development, surely you passed that it appears. Cities this size. And, then, ag land, it's definitely projected to be watched, if not addressed, and in a way that we may lose all the ag land. We have some ideas for that. And, then, finally, we really do believe there is a need for both the city and the MDC to be more strategic with your funds in terms of the downtown, as well as your CIP in really directing growth rather than letting growth direct you. So, one of the things that we have done -- and I'm not going to go into all the details of this, but we compared Meridian to some of its competitors -- individuals or companies -- excuse me -- communities that -- that you would walk to, that you compete with, so, obviously, some of the region, but looking at Salt Lake, Seattle, Everton area, Portland, Beaverton area, and we have compared Meridian to those areas on several different demographic factors. One is just -- you know, in terms of just the growth and where that growth is coming from. This is very interesting and important to understand that the growth has been great and when you look at the -- let's see, where is it. When you look at this right here, I want you to clue into 54 percent. So, 54 percent of your population growth is actually coming from domestic migration. So, that's mostly in the state of Idaho and, then, some also in the United States. But when you compare that to, you know, looking at some of these other communities like Salt lake, where 78 percent of it is natural increase, they just -- they have a higher birth rate and that sort of thing. So, go figure. And, then, Spokane, also has, you know, a lot of natural migration and, then, of course, you look at Lane County, which is Eugene and, then, Seattle area, a lot of international migration. So, you don't have that so much, but what's important about that is so we are going to talk about workforce development. Because most of your growth is coming from within, it makes it even more important to focus on workforce development, because that's a talent that you have and the employer will have in the future. In terms of the affordability, I think you're in a very good position. You know, if you look at the income levels for -- for Meridian, 64,000, and you compare that down to -- on your other competitors really you're only looking at Eagle and we all know that, more -- as a higher household income. But you have a higher household income than, you know, Salt Lake and Seattle, for example. And, then, when you look down below at the cost of living expenses Boise and Meridian is in blue, your expenses -- this is a composit here -- are actually lower than your competitors. That's very good. It's great for Brenda to have that information in terms of her marketing effort. Again, I mentioned your K through 12, the school district. We have had a lot of great conversations with Dr. Clark, she's Meridian City Council May 13, 2014 Page 23 of 56 phenomenal and, you know, I think somebody referred to her as the E.F. -- E.F. Hutton. That's right. E.F. Hutton of the area. And when she speaks people listen and for good reason. I think the school district has done great work here in the region. You know, also with all of your higher education institutions that you have here, great -- great to have that here. A lot of work that they have been doing. We have been working with them from day one. They are on board with our initiative. Last check we had a focus group where every one of your higher education institutions in CWI and the school district were all in one room together. We went through our main Fields District recommendations that you hear today and they are ready to move forward. So, pending your policy decisions I think and ready to act. So, on the site infrastructure, another kind of key finding, you know, again, your proximity is great. Strategic advantage is fantastic. You're on an interstate. You have rails. Highway 16 needs to happen and 20-26 improvements need to happen. Commuter rail needs to happen. The wastewater I think is, however, is one of the biggest issues for the city. I think -- and, you know, you asked me to be frank. Well, you didn't, but that's what I do -- when you hired me. But your state has archaic policies unlike any state in the country related to how they do roads and how they handle wastewater provision and I know that's a little bit beyond your control, but in terms of working with the League of Cities and others, those are absolutely two initiatives that need to be addressed. It's -- there is no -- it's no surprise that no other state in the union has tried to duplicate what Idaho has done on those -- on those two issues. Chatterton: If I could clarify, Mr. President and Council Members, I think really what you're referring to is annexation policy more than anything else and as you all know, we are going to be looking -- we are looking at the legislation to help us out in that -- in that situation, the idea of encroaching communities is always a threat and it's difficult to do planning when that's happening. Sorry to interrupt. Garritson: No. Thank you. Thank you, Bruce. So, when we looked at how Meridian compared to some of the other communities in the region on office, industrial and retail, mean this is probably not a surprise for you; right? You know, over -- over this period you have had a lot of retail growth, so much more than all the other cities in the area. A lot of office as well. But when you look at industrial, you know, you have a lot more of your -- a lot more in Nampa and that's -- that's -- that's no surprise. You're going to get more of that. Your land and your lease costs are much higher here and your industrial opportunities are limited and I also just want to put in there no more call centers. You know, the call centers in this area, they are already tapped out with their labor. They feel like more call centers in this area -- it just -- it really dilutes the labor force and when you look at the economic impact of some of these things -- and I will talk more about that -- you really have to question it. In terms of the downtown, I think you have nothing but opportunity. I think a lot of the streetscape improvements, et cetera, they have made have been great. I think it's wonderful some of the -- the cross-section, the urban design that they are thinking about doing now really needs an implementation strategy. That vision is a great vision, but everything that's in it is super general. You need a lot more specificity to it and I think the MDC needs to become much much more aggressive with the use of their funds. So, we move on. We have always taken a look at what Meridian City Council May 13, 2014 Page 24 of 56 every economic -- what every organization involved in economic development does, it plays a lead role -- that's the dark blue with the L, that leads. It plays a support role and there was nothing in that little box, that means nobody really addressed it. So, you know, this is kind of how it's set up. We believe that that's how it should continue to be set up. This one -- even though we have Meridian as a lead in business recruitment, obviously, a lot of these come through BVEP and we definitely encourage Meridian to continue that partnership with BVEP. Site selectors, businesses coming outside of the state, they recognize the region before they recognize the city. That's important. But the area that is shockingly not really addressed at all is small business assistance and entrepreneurship. We will talk about that. I had an opportunity to go to the economic development conference with Brenda, actually, a couple weeks ago in -- in Pocatello area where your Idaho Department of Commerce, Jeff Sayers, gave a presentation and presented this -- this chart here. I don't know if you have seen it. This is the latest incentive program that the state now has in place finally, because it puts you almost at a competitive advantage with some of your surrounding states. But there is still a lot more I think that you can do. Ironically at lunch I ran into Jeff Sayer with Senator Hagedorn -- Hagedon? Hagedorn. Downtown. So, he's very much interested to see what comes up of this economic development plan and is interested in supporting it. So, let me kind of move into this. So, again, there is a lot more to that audit. I hit the highlights of it. This illustration actually is about economic gardening. I don't know if you have heard that term, but it's -- it's a good common theme in economic development now. We are -- that's sort of the theme for the whole project. So, this is kind of how the economic development strategy is going to be laid out. Short term, long term goals. The focus on target industries. Catalyst projects, which I will talk about in a second. And equality of place. And, then, lastly here think regionally, act locally. I think there are several initiatives, some of which I have mentioned, that absolutely have bearing in the city, but combined with other communities in the region -- commuter rail is a great example, think you can really make a long -- make a lot of headway. In terms of just a new model for Meridian and economic development, really focus on innovation, knowledge, economy and quality of place. I think the downtown plays a key role in that and I will talk more about some of those other issues. This -- this slogan I think has been very good for Meridian. Built for business. Designed for living. But we add -- where is the playing? And I think that's important. We are not necessarily suggesting a new brand, but that's an important issue just to understand. You know, I think you have been really good at -- at developing some -- some fantastic parks, but I think if you look at your key demographics, the younger kids and, then, that 18 to 25 demographic, it's boring and will be a little frank with you. There is not enough to do for those demographics and it's important to focus on that. Again -- well, not -- so, the overall economic development strategy -- as I mentioned earlier, the Fields District input comes into that and, then, it's broken up into target industries. We have five projects, seven recommendation areas, and, then, seven target industries. And let me just hit the highlights of that real quickly. Why do you -- why do you focus on target industries? You can have a focus for your marketing efforts, a focus for your workforce development efforts and really really understand how you're going to get the impact that you want in your economic development efforts. So, this is kind of a process that we use going through this and, honestly, my -- my analyst is Jillian and my analyst just got carried away and, honestly, Meridian City Council May 13, 2014 Page 25 of 56 the analysis that we have done would probably be equivalent to the amount you're paying for the economic development. So, you can thank my employees for that. So, we really narrowed it down to eight industries and I'm going to go through those real briefly, but ag tech and development and as Bruce mentioned, you saw where the investments that have come in job creation in the last year. Several of those areas that he mentioned I think are still good targets for you. Management, scientific and consulting services, boiler tank and shipping container manufacturing. Grocery and related products. Wholesalers. And, then, these are all healthcare related. I want to say I applaud your efforts focusing on the CORE. I think that that is actually just now going to start really taking off. We have been involved in that and we have a really good understanding of how they have kind of ebb and flowed on the initiative, but I think they are set in a really good position. I think it's going to pay dividends for you. I just wanted to illustrate of all the target industries that are -- that are over here that we are recommending, many of them have an ag related component to it, which is good. They also -- in terms of their income levels, if 1.0 is the state average, you can see all of them are higher than the state average, with a couple of them being significantly higher. So, we are recommending industries that are going to bring in a higher income than the state average. I also wanted to just mention -- in terms of the industry -- again, these are the target industries on the side over here -- and in terms of this is very general and qualitative that is based on our analysis -- I mean our experience -- which one of ag for example, is a contributor to property taxes that's probably -- sales tax, yes, a little bit. Job creators a little bit. But you can see how it's broken down. Now, the question is should Meridian encourage more retail or property tax and job generators? I don't think they are mutually exclusive, but my understanding your sales tax throughout the state, you don't always get what you're making. So, why as a city would you focus on retail development and sending those sales tax dollars somewhere else. It's not to say that your community doesn't need retail. I think the Village is a great project. Provides a lot of good entertainment and retail. But, you know, what are the job creators, what are the property tax generators, and what are those industries that are going to contribute to innovation and entrepreneurship? So, these are the seven categories of recommendations here and I'm going to talk about catalyst projects right now, which are ones that we feel will help jump start the diversification. So, there is five of them and I'm going to talk in detail about each one. Ag focus, college and innovation center. Ag experience center and ag focus development. Those are all Fields District related. Downtown conference center and a Venture Meridian start-up complex. So, they are all interrelated. That's what the squiggly lines refer to there. So, first, on the ag focus count innovation center, as Brenda mentioned, workforce development is a really really important area to focus on. We have heard that through every one of our energy use businesses. So, what we are recommending is an innovation center where you have industry partnerships, you have the education business collaborations with all the education entities that I mentioned, they are ready to work. They are ready to get together and work on it. So, it's a phased process where phase one might be really focusing on the -- the industry partnerships. Phase two is focus on commercialization aspect and entrepreneurship and phase three would be research. We do see a research component at some point in time, but not vacate initiative. So, a couple examples of what we are looking at. This is very very similar to what we are Meridian City Council May 13, 2014 Page 26 of 56 recommending. This is in -- this is in Richland and you can see this is a 300 acre project, 60 acres for research. They do have a working farm. But this is the type of collaboration that we are referring to here where they have very specific industries that this collaborative is focused on. That's what we are talking about. And you are going to need a physical space for that. Whether or not that's 300 acres, whether or not that's 100 acres. And we have been talking to some developers about the potential for that. Several of them are very interested in participating. The next one is an ag experience and I'm going to go to the next slide. This is, again, a very -- very related precedent in Kentucky that is being planned. It's not built yet, but it's -- this is a truism initiative and it is also something that would provide entertainment and something to do for definitely a younger demographic, but also -- also adults. So, this project is going to cost about 66 million dollars. It is the Cadillac of an ag experience center. The state is putting in some money and I think they are getting some private funding as well. But this is the initiative that we are referring to. We do think that geographically it would be well positioned to go probably along McDermott somewhere or long Highway 16. I'm just going to call McDermott Highway 16, the ultimate plan. So, the other catalyst initiative ag focus real estate development. You have probably heard us talk before about the conference called Agritopia. It's the same thing. Agritopia is actually a brand of the development in Phoenix, Arizona, and just meeting with one of the developers a couple hours ago, they actually visited this development a couple of months ago and they like the idea. Several of the developers that we are talking to that are very interested in this concept and it's, essentially, a residential neighborhood where you have an active farm as the central feature, instead of a golf course or something along that kind of line. You can still have a lot of the other amenities, but -- we have researched these all over the country, we have done interviews with them, and they really range, you know, the more urban to the more rural. These three right here are the ones that we are really looking closely at. I think the Prairie Crossing one and the Agritopia are the best examples for Meridian to consider and what we have done is -- we looked at -- the average size of these is about 500 acres. So, that square represents exactly 500 acres. It happens to fit exactly in your square grid. So, if you can picture this 500 acre square, this is what we are referring to here. So, you might have a working farm in the middle right here and commercial activity here -- might be almost like a town center where people can walk through it, residential around it. Low density. High density. What's interesting about this is just doing it for the development perspective, they do very very well. Their absorption rates are very high. The price points are generally higher than neighboring develops and from the city's perspective a lot of the residential developments that are occurring right now and that will be occurring are going to be upside down in terms of the infrastructure outlay and the cost of services for the city to support those at the price point that you have, especially if they are all residential developments. So, when you look at this kind of a concept, fiscally it makes much more sense for the city long term to pursue this kind of initiative. So, again, these kind of things, even though you might have the working farm in the middle, you have all these amenities still. One of the things that we heard from a couple of these is for a buyer you pay an HOA fee, whatever that is per month, it also includes your ability to go up every Saturday morning with your family, walk from your home to your local farm and pick up your week's produce that was grown right there. Now, think about that ability. Again one of these Meridian City Council May 13, 2014 Page 27 of 56 issues -- or thought for us was how can we preserve agriculture and that agriculture heritage. I think that project really addresses that. So, the other one is a downtown start-up business incubator. Boise State University has a program called Venture Boise. We have been talking with them about potentially coming out to Meridian. They are very interested in that and I believe -- I believe Brenda is working with them on that initiative. I just ask her to not implement that until we start -- until at least our plan is done so we can claim that. No. I'm joking. So, another one in downtown is a downtown conference center. So, again, in terms of tourism assets, don't have any. know Ann at the Chamber would love to have some better tourism assets, so they can actively start marketing for tourists. Now, what's actually good about the Gardner Group doing a new conference center in downtown Boise is -- I don't look at that as a competition, because I have looked at these types of things in other communities and other regions across the country. When you have increased conference center space in Boise, it's going to become more of a national interest for groups to come here. When they start trying to book that and it's full, they are immediately going to start looking to some other areas right around Meridian. It's going to be a good initiative for Meridian. I think downtown is the better location for it. You know, I know Scentsy has some space to build a small conference out there. Had some conversations with -- with the folks that are there. I don't think that that will serve the community longer term, it's mostly for their own internal purposes, which is absolutely understandable. So, I'm going to go through this a little bit quicker, the last portion of it. I just wanted you to know sort of the areas of recommendation and I'm going to talk to you briefly about each one. The count innovation system. So, we are going to have a series of recommendations under one of these category areas. So, this is really looking at the K through 20 education, collaboration with businesses in all those educational institutions that we talked about. It's definitely involving innovation campus and the Venture Meridian initiative. Entrepreneurship and small business -- we talked a little bit about that. We are going to add some -- some value I think for the city to kind of, essentially, beef up the small business program, as well as I think the Chamber of Commerce needs to take a much stronger role in this and it's -- they know that and they are ready to do that. Tourism development. We are going to have some things in there. I mean we really do believe Meridian can be sort of a launching point for tourism in the region. Now, these -- these colored arrows around here on this map over here are different scenic byways. The problem is that right here there is a gap in that scenic byway system. It just so happens that Highway 16 would actually make that connection. We do think that that is a good initiative, it's something to consider, something to pursue for the City of Meridian. Again, we have talked about the ag experience center and the downtown conference center in terms tourism development. Infrastructure -- I think we talked about wastewater. I'm not going to talk that much more about that right now, but I do think that, you know, the Fields District has no wastewater infrastructure out there right now, but, you know, we actually just finished a conversation with your Public Works director and I think we have some interesting ideas on how we can -- how we can address that. I talked about this as well and I'm going to move on to transportation, commuter rail. Again, I do think it's important to relaunch that discussion and I have seen in your downtown plans that you have, you're obviously looking at preserving some space for a commuter rail station there, which is great. Bike infrastructure. I do think it's something Meridian City Council May 13, 2014 Page 28 of 56 that can be improved upon. I know that that means working with -- is it ACHD? Did I get that right? And, you know, we looked at bicycle share programs kind of across the country. There are a couple of smaller communities that do have a bike share program. Greenville, South Carolina, population 60,000 is one of those. I think it's a good initiative for you to think about it. One of I think for the downtown area -- you have such a strong business center on Pine all the way out to Eagle -- obviously, that's a big employment center. It's rare that those folks come down into the downtown. Bike share program, that's a really simple thing for somebody to get at lunch, take a bike, come into downtown, but the bike lanes are going to need to be improved. Downtown, we have talked a little bit about that already. We are -- actually, we have a 7:30 meeting tomorrow morning with MDC, giving a presentation. We are going to network and focus largely on the downtown. There is a lot that can be done. A lot that needs to be done. We are going to be addressing all these areas within the downtown recommendation. In terms of quality, one of the things that isn't up here, but it is definitely something that we are focused on, is parks, entertainment, that aspect. Sorry, I feel like a child in mistyping. So, whether or not -- the art in public places I think is a really really big opportunity for you. It's -- you know, obviously, you have been through downtown Boise, it just amazes me all those small little electric boxes that are all colored in art and, you know, what if -- and this is not a recommendation, but just as a joke, a giant potato way finding things. You know, in Austin, Texas, we have giant guitars that are all painted artistically. In Dallas -Fort Worth they have, you know, giant cattle. What's important about that is a lot of people who go to the Village have no idea they are in Meridian; right? Or even south -- or, you know, Ten Mile, for example, when they come out and that sort of theme is developed. That type of iconic art not only serves as kind of a way sign, but it can help you know that you are in Meridian. So, lastly, we are going to be, you know, putting all these recommendations together and, then, our scope is mostly in audit and strategies, but we are going to go just a little bit beyond that and give, you know, some specific suggestions on implementation, you know, related to funding, organizational framework, marketing, but the area that I think we are going to focus on a lot is organizational and organization definitely -- I know Bruce and I have had a lot of discussions about -- you know, we are recommending probably another FTE for the city to have for economic development purposes, but we are going to help to kind of clarify what roles and responsibilities that person may or may not have and, then, funding and the framework, we have identified a lot of grant opportunities, but we are going to kind of get some -- some specificity as to how that should be used. So, with that I will stop. Sorry if I took too much of your time. Would love to answer any questions you might ask. Rountree: Questions for Sean? Bird: I have none. Very good presentation. Borton: Mr. President? Rountree: Joe. Meridian City Council May 13, 2014 Page 29 of 56 Borton: Sean, I know we are going to get into this in greater detail later on. Can you briefly cover the roll of the -- landowners impacted in the locations that we are talking about. Have they been involved and will be in discussions -- in particular with the Fields District and what might be planned out there? Garritson: Yes. So, we have only been able to really reach out to a couple of landowners that are farming out there and those who have talked with us have said the others are not that actually interested in talking with us. They are farmers, they are busy, they are farming and -- but the feedback that we have gotten has been really interesting. One is -- I mean they are the ones that -- you know, a lot of our land is already spoken for. Developers have either, you know, contracts or working on contracts, et cetera, and they also said, you know, rather than for this Agritopia concept, rather than facilitating discussions with farmers, we really think you should be having discussions with developers, because of that very issue. And, then, we have also -- you know, geographically for the Agritopia, you know, I do think the Fields District is probably the more appropriate area to foster that kind of development. I think south Meridian is also another area. I know some of the folks down there have expressed interest in lower density development. I know there is some issues related to wastewater and the competitive nature of the city to the south down there, so -- I'm sorry I went off a little bit on that point, but I hope that answers your question. Borton: It did. Garritson: Okay. Borton: It did. Thanks. Rountree: Thank you. Garritson: Thank you. Rountree: Looking forward to the details. C. Community Development: Unified Development Code (UDC) Amendment Process Discussion Rountree: Next item is 7-C, Community Development, UDC. Justin. Lucas: Thank you, Mr. President, Members of the Council. It's always my pleasure to come before you and speak. I don't have a Powerpoint, I'm just speaking from the packet that you received late last week. Bruce said something I want to emphasize before I begin my, brief presentation. He said the code should not be a barrier to good development and that's why we come before you periodically to present some modifications to our Unified Development Code. We are -- at this point we are kind of on an informal twice a year calendar to update our UDC and we are going to continue and even maybe formalize that a little bit more and I will get into that as I cover the Meridian City Council May 13, 2014 Page 30 of 56 memo and some of the things that I presented to you in the packet. At this time we are looking at -- for this round of UDC updates it's kind of a two step approach. In your packets there were several clean-up items that we feel are appropriate to move forward relative quickly. There was also some items that are larger and have some policy level implications that we want to attack over the next -- over this kind of next several months and the way we propose to do that is through utilizing a UDC work group, which is a new concept of actually having a group of developers, planners, engineers, surveyors, those professionals that work with our UDC on a regular basis and instead of just sending them a list of stuff saying here is what we are going to change, actually trying to convene in meetings with them, talk to them, present things that we have come up with we think need changes, but, then, also ask them and say what are some things that you're seeing that need to be addressed. And as we do that we are hoping to have a more robust discussion about the UDC and also try to gain their buy -in as early as possible in the process, so that when we come before you we are coming before you with well thought out proposals that have not only support from staff, but support from the development community and other interested parties. That's kind of an overview of what we are trying to do with the UDC. At this point I did want to step back and kind of talk about that step one, which are the clean-up items. In your packet there was a table -- I'm not going to go through all of these items. Some of them are very basic of, basically, just, you know, striking out a bad reference. Others of those are a little bit larger, but all things that we feel are relatively routine. I do want to emphasize that although we haven't officially started this UDC workgroup for these clean-up items, we are going to share them and kind of go through the process we have in the past and share them with the BCA and other interested parties and work through that. We are not just going to slide these to you without -- without input. But we felt they were at a level that we thought we could -- we could move forward on those. So, all positive. Was there anything in the -- in the packet of clean-up items that you saw that you had questions on? One of the things that I wanted to highlight in there for those clean-up items was the elimination of gravel mining as a conditional use in a residential zone. That's a -- we listed it as a clean-up item and it's something that I wanted to get your feedback on, if you thought that could go forward as a clean-up item or if it should maybe move on to a larger policy level discussion. By the way, we can always change it back, but it's something that we have dealt with recently in the city. It's not something we deal with all the time, but it's something that has some pretty significant impacts on surrounding residences, especially when those things are happening in a residential zone. So, that's one that was on there and there were several other things, but most of which on the clean-up I thought were relatively routine. So, I'm going to pause, certainly, and see if you had any any questions on those. And these are just proposals. They'd have to go through a full application process. You're not making a decision today, you're just saying I think it's okay, you know, for you guys to move forward and submit an application for these items to go through the public hearing process with input from the development community. Rountree: Any comments on Justin's memo? I agree on the gravel mining. I think that's just an update personally. Meridian City Council May 13, 2014 Page 31 of 56 Bird: I agree with that. Lucas: So, based on that, we will go ahead and move forward with that -- those clean- up items. I did also want to tee up some of the items that we are hoping to work with the UDC work group on and based on blessing today my plan is to -- after this meeting if you feel like using this work group is a good idea, would be to convene the work group, invite people to participate and, then, you will see the fruits of that labor as we move forward on some of these issues. Those -- I'm not going to highlight all of them. That's the last base of that table and it's entitled future additions to be discussed with the UDC work group. Some of those are pretty big as issues. Residential dimensional standards, which is focusing not really on our setbacks, but more of our lot size standards and the different zones. We have heard from the development community that in our R-8 zone, for example, it's very difficult to get to eight units to the acre when you have a 5,000 square foot lot minimum. It's just the way we put in roads and everything else and ten percent open space and all of the other city requirements, our R-8, you know, the most you can get is about half that, about four -- four units to the acre, maybe five if it's pretty tight and you're doing an attached product. So, that's a -- as I say, a policy level issue. It's a big question and certainly something that we really want to talk to the development community about and understand what they are saying and potentially bring back to you some ideas and thoughts on that issue. Another one in there is our design review standards. That's something that was a topic in the legislature this year and something that we are trying to make our standards as clear and enforceable as possible and we feel like they could be better. But we think we need help from the architecture community and other groups to make those standards -- really have those expressed regulations that are required by state code. Gravel mining is another one on that list. Our parking standards. And, then, some of our timing on signatures required for development agreements and how long to give people to sign and things like that. These are pretty -- pretty large issues that we really want to talk to that work group about. So, that being said, I wanted to throw it out there to you as a Council. Is there -- are there any things you would like us to bring forward to that -- to that work? If, indeed, you would -- like I said -- or comments on the work group itself and your opinion on -- of that's the direction we should be going. When we are looking at a major policy amendment to our Unified Development Code. Bird: Mr. President? Rountree: Mr. Bird. Bird: Justin, I think your idea of getting a group together, a UDC work group, and I like the people you have got included. So, I think it's the greatest thing going. We have always had success when we wanted to change something by going to the builders or the realtors or that and this way we are getting the whole group that's involved to voice their opinion up front, so that we don't have the problems afterwards. We get it before. We are not out there changing UDC codes every six months, because we forgot something or somebody don't like this or somebody don't like that. I think is a fantastic idea and I think it's kind of like the -- the impact fee committee, I think you sit and every Meridian City Council May 13, 2014 Page 32 of 56 six months have a meeting with these guys and get them involved with you and it will make your job a lot easier, I can guarantee you that. You get them on board with you. I think it's a great idea. Rountree: Any others? I would suggest that as you get into that group that you might -- I know Cornell was part of the design group that put together those guidelines, but you might add an additional architect or two so they can give a history and understanding of what we were trying to do and that was make life easier and get us out of the design mode and it was fully understood that it was a dynamic guideline and supposed to be flexible and be modified as needed. So, I think that's -- that's great that you are going to be doing it. We continually heard it again today. Quality of place. And I think that needs to be reinforced with this committee. That they need to understand that that's what we are attempting to do with you on a lot of the UDC things, as well as our land use planning efforts, and I think they need to understand that as we move into economic development it's going to be for their benefit to try to incorporate those concepts and those ideas and the things that they bring to the city and not just the people on your committee, but the other people and developers that are coming to town and if we can get it across there, I think we have a better chance, if you will, to make it happen. I think if we just fall back and let it fall by the wayside and don't incorporate that in the way we do business, it's not going to happen. We will continue to have development drive whatever our community becomes. So, somehow or another incorporate that -- that learning, if you will, into that group. It might take a couple sessions for them to understand and get it. They may or may not like it and that would be good to hear, too, because if they are going to push back we need to know that. Lucas: Thank you for that feedback. I certainly -- what I'm hearing is that at the staff level we will now go ahead and move forward with those clean-up items as proposed through the official process and kind of standard outreach and, then, we will in the future as we look at some of those budget issues, convene that committee and, President Rountree, I appreciate your comment and it really touches on the fact that we are a community development department and the code is part of a larger picture of what we are trying to achieve and that message I think is so critical. It's something that I will certainly pass along to that group and talk about as one of the themes of our -- of why we are even doing this to see -- is to see how the code sits in that overall picture of what we are doing as a community. So, with that, unless you have any other questions, I will certainly thank you for your time. Bird: Thank you. D. Community Development: Review Draft Comprehensive Plan Existing Conditions Report for 2014 Rountree: Next item is a review of the draft Comprehensive Plan existing conditions report. Is that Bruce? Brian. Meridian City Council May 13, 2014 Page 33 of 56 McClure: Thank you, Mr. President, Members of the Council. I'm here to speak to you today on the existing conditions report, 2014 update. Just as a brief background, the existing conditions report is an addendum to the City of Meridian Comprehensive Plan. The comp plan addresses 16 elements required under the Local Land Use Planning Act. Not all of these elements necessarily drive the policy, but that is largely what the Comprehensive Plan is used for. The chart here you see is kind of ancillary. It's out of the ECR and it's a consortium of land uses, both annexed and not annexed. And these are the 16 required elements per state code, which the Comprehensive Plan does need to address. The section in the comp plan, which was getting larger and harder to use, a growing city, as we are in number, and it started prior to the 2009, 2010 Comprehensive Plan update to split the document in two. One looking forward that focuses on land use policy that that was the 2010 Comprehensive Plan and one memorializing where we have been as far as moving forward and that's the existing conditions report. The chart here is -- also has the ECR and it's a comparison of zoning district by percent and area. So, that was done, but why are we here today? There was a lot of change in 2009 when most of the previously existing conditions report was previously drafted. There are 10,000 more people community demographics, a different economy, many new commercial, office, and residential development and expanded city services. This all needs to be updated. The chart here is a comparison of new housing starts since 2001. Again it's just ancillary. The ECR was a good idea, but it wasn't necessarily implemented in the best way. So, the budget, updating of facts this year, we wanted to also make a concerted effort to include usability of documents. And conversations were long and the formatting wasn't the best. And this here is a slide of the previous existing -- existing conditions report and on the next page you will see one of the same, typically a text updated. What's changed? The ECR has a new format. It has updated demographics, development services, and projects. It's consolidated -- it has consolidated topics and discussion and, then, add a new discussion such as agricultural, which is, again, an required element. For this update we did rely on other departments to revise and verify services, facts, and numbers. We also relied on other agency partners, including Joint School District No. 2 and COMPASS. The next step for this sending out comments before submission. We'd also like to go before -- we will go before P&Z in July, hopefully, and we will come back to Council for adoption in hopefully August. Lastly, things change, so we will, in fact, update this again in a few years. Hopefully with more improvements. A couple of other quick points before I stand for questions. This is a draft. It's been updated and provided to you. Police and Fire were both provided several additional updates. Additionally, Public Works has indicated some of their provider numbers are not necessarily final and they want to -- they reserve the right to update this again. We have also not yet integrated any revisions from the Mayor's office. Likely if you address topics, such as UDC activities and city accolades. Besides grammatical issues -- I have looked at this plan and there are many. Are there any other questions or comments? Bird: I have none. Rountree: Just a question on when we might see a final draft. It sounds like there is a number of other dates yet to come, so -- Meridian City Council May 13, 2014 Page 34 of 56 McClure: I hope to go before P&Z in June, so I imagine in a few weeks you would see this. Rountree: All right. Very good. Great. Any other comments? Borton: Yeah. Mr. President? Rountree: Joe. Bird: Brian, this is a draft? Am I going to throw this one -- this isn't up to code. It sounds like there is updated copies coming. McClure: Yes, there will be updated copies coming before you adopt it, so if you want to wait for revisions or -- you're welcome to do that. But we wanted to provide you an opportunity as soon as possible to check in. Borton: Okay. I think it's extremely well done. Very helpful. Rountree: I like the formatting you have done. Certainly the content. It's just a nice reference document. Other comments? Bird: No. Just very nice report. Rountree: Great. Move on and let's get her done. E. Legal Department Report: Outdoor Sales and Temporary Use Code Updates Rountree: Legal Department. Outdoor sales and temporary use code update. Bill, are you doing that one? Oh, Emily is here. Kane: Hello. President Rountree, Members of the City Council, my name is Emily Kane. I'm the deputy city attorney in the Legal Department and the purpose of this department report is to brief the City Council on our proposed code updates that I will plan to place on the agenda for next Tuesday. Deputy City Clerk Jacy Jones, Lieutenant Overton, Lieutenant Colaianni, and other staff members who reviewed temporary use permit applications are also here to address any specific questions that you might have for them. This proposed code update would amend Tile 2, Chapter 4, Meridian City Code. The outdoor sales and temporary event provisions of city code to address some housekeeping issues, as well as propose a few changes to our internal process. First this ordinance -- ordinance extends the time within which the clerk's office must issue or deny a mobile sales unit license. We are seeing that Idaho State Police are taking much longer to process criminal background checks due to a backlog of requests for those checks, as well as I think they had some computer outages on their end. Applicants are entitled to a response within a reasonable period and this Meridian City Council May 13, 2014 Page 35 of 56 would extend that response period to what I believe is still reasonable, but it would allow our police department a little more time to obtain criminal history information that, then, they already have. Section two of the proposed ordinance would allow the clerk's office to close out an application for a mobile sales unit license where the applicant submits only a partial application. This is intended to address the common scenario where the applicant submits his application and most of the required materials -- he takes his blank fingerprint card from us, supposedly to start the background check process with ISP, but never returns the completed fingerprint card with the city. The result is that we have open applications, they languish for months until resolution and this way we are going to provide a backstop that would allow the clerk's to formally close out those applications after 30 days of no activity. Section three proposes to allow revocation of a temporary use permit where a structural, mechanical, electrical or plumbing permit is required as a condition of approval and the applicant fails to obtain that permit. We are seeing that some applicants are advised that permitting and inspection are a generator or a temporary stage is necessary to conduct that use safety, but some applicants are not complying with our requirement prior to opening to the public. So, this provision would allow the city to revoke that temporary use permit in that situation. The language in Section 4 proposed to allow special events on nonresidential properties that are located in residential districts. Special events are currently nonallowed in residential districts with a few exceptions. This code update would allow community events that happen at schools, parks or churches that are in residential districts, like Relay For Life, that's a community event that is designed to take place at a school track, only one of which in Meridian is located in a nonresidential zone. So, that was -- that would allow more events like that. Section 5 would allow the -- would extend the allowed time limits for downtown businesses to have promotional sales units, which would make the temporary use code consistent with the code we use to encourage sidewalk cafes and things like that in the downtown core. I will come back to Section 6 and 7 in a moment. Sections 8 and 9 would restrict an applicant's right to appeal the denial of a TUP where the denial is issued because the application was not submitted in a timely manner and this is in response to feedback that we received last year when a number of applicants turned in large scale special event applications shortly before the event, received a denial letter, and, then, appealed the denial to City Council and in that situation Council was asked to choose between upholding the deadline and potentially taking the blame for a canceled event and asking staff to drop everything in hopes the last minute applicant has a safe and successful event. That prevents this -- that scenario and further incentivizes timely application. Sections 10 and 11 are clean-up provisions that address application time for citizen's use permits which are required for parades and road races. Now, I will go back to Section 6 and 7. So, these proposed provisions would be a formal change to how the city approaches events that have been happening in our community for at least 75 years. And one example, of course, is Dairy Days. On one hand there is the tradition of providing staff support for Dairy Days by providing parks maintenance, staffing for the activities in Storey Park and police staffing for Storey Park and the parade at no cost to the Dairy Board who puts on that event. There is, of course, a cost associated with providing that support and with the growth of our community, the changes to the roads and the parade route and heightened public safety requirements by ACHD, those costs have been increased. So, we have reached a point Meridian City Council May 13, 2014 Page 36 of 56 of disconnect between the city code's approach to special event and our long-standing practice of informally supporting historic special events like Dairy Days. So, this proposed language is intended to clarify the city's relationship with these type of events and empower city staff to absorb these costs, rather than having the applicant ask staff to do that just kind of on the fly. I think that Lieutenant Colaianni has some information regarding the practical effects that this change would have with regard to Dairy Days. Or chief. Lavey: Mr. President, Council, what I did is I brought forth some figures here to share with you in regard to how much it costs to actually do traffic control. And this isn't specifically to any one event, this is specific to any event that involves shutting down roadways, the main street here in Meridian, and in the past I have given you figures on how much it costs in overtime costs for officers. It's about 40 dollars an hour what we charge special events out there. And once we have three or more police officers we also require them to hire a sergeant, which is 45 dollars an hour. And those won't cover all of our costs for the city. Those don't cover our equipment cost, but it does cover salary and benefits. So, we are, then, looking at additional ways to try to help out special events, help out the city, and we have several different options that -- that I would put forth toward the Council, but someone has to pay for these and these monies do not currently rest in my budget. Option number one would be hiring an independent construction company, Specialty Construction, to provide the traffic control services in Meridian. They have given us a quote of 4,300 -- of actually $4,310.25. That would cover what they -- their engineers believe would be sufficient traffic control for say a parade. That has little or no involvement with the police department. That's not a guarantee that you would have police officers available. Therefore, we have looked at this and -- and supplemented -- supplemented police officers to assist with that option, which is about 1,960 dollars that we could guarantee a command post there, we could guarantee the motorcycles there, we would guarantee the bike officers. A few patrol officers and supervisors there to help with that event. But that cost rises to 6,100 dollars. Now, in the past when we put these events on ourself, we spent between seven and ten thousand dollars in staff overtime costs just to put these events on. Without taking into consideration any of the equipment necessary. We have in the past used ACHD to provide us with some of the necessary equipment and they have told us they no longer have those quantities to support the services that we request. Therefore, we would have to go out and rent that equipment. It would cost about 1,600 dollars to rent that equipment for these events. It's not feasible to go out and buy them. The Specialty has three electronic reading boards and thousands of dollars in the no parking signs and the barricade signs. It would not -- we would not get our return on investment for using them one or two times a year. So, that option really isn't realistic. So, I'm just here to tell you that any of the events come with a cost and someone has to pay for those costs and set up and our practice has been to not bear those costs ourselves, but to charge the vendors. There has been talks of the past about grandfathering certain people in, but if we grandfathered certain people in, then, the city has to pick up those tabs and I want to make sure that there is no surprises to Council. So, I will stand for any questions that you may have. Meridian City Council May 13, 2014 Page 37 of 56 Rountree: Questions for -- Bird: Mr. President? Rountree: Mr. Bird. Bird: Chief, how many -- how many parades outside of the Dairy show and the winter parade do we have in here -- in Meridian; do you recall? Lavey: We used to have two and now there is three. There is a parade and car show, there is the Winterland Parade and there is the Dairy parade. Bird: The parade and car show is the one that goes out of the speedway and it's called Friday Night Cruise or something, isn't it? Lavey: Something like that. It involves shutting down Main Street, though. Bird: Okay. Rountree: Other questions? Comments? Milam: Mr. President? Chief, what was the total that you said it generally cost? Ten thousand? Lavey: Eleven to ten thousand dollars. The -- there is some hidden costs there that we don't have included. We use Public Works' trucks and Public Works' staff to actually haul out barricades. We use code enforcement officers to haul out barricades. With the new design of the roadway and the new route, it takes more signs, so it's going to take more people, so I don't know how much it's actually going to cost until we use them. So, somewhere between seven and ten thousand dollars if we did it all ourselves. Milam: Okay. Thank you. Rountree: Let me understand. I think you said you could hire a traffic control company and do it for, what, 4,300 dollars? Lavey: So, the traffic control company is 4,300 dollars with all barricades, all signs, and three flaggers for 4,300 dollars. I don't believe -- and that's no police presence. Rountree: Right. Lavey: So, if you wanted police presence it's an additional 2,000 dollars. So, roughly 6,141. Rountree: Seven thousand. Meridian City Council May 13, 2014 Page 38 of 56 Lavey: Yeah. Nary: Mr. President? Rountree: Bill. Nary: The opinion we had in discussion with this is there has been, again, in the path the city has, essentially, a support, sponsor, for lack of a better term, of these activities and so there has been some friction at times when this discussion comes up as to the cost. So, what the intent of this code -- all this does is if the city is going to choose to do that service we won't charge them for the service from the city. Now, there are other services that -- like the Dairy Days does pay for it. They pay for inspections and some other things, but this particular one -- it doesn't mean they won't have to provide it -- mean if the city makes a decision whether this year or sometime in the future that they no longer will provide the service, it doesn't mean they won't require that the service be provided by somebody else and that it has to be still done for public safety purposes. All the intent of this code was to say that if the city chooses to do it they won't charge for it. So, that's why -- she just wanted to make sure it's the Council's understanding that there is a fiscal impact to the city to choose to do that. Lavey: Mr. President, Council, let me point out that it's not a new fiscal impact. It's something that we have always done. I just want you to be aware of it, that it continues to cost us and it costs us more for it. So, it's not -- it's not something new we are asking you to do, it's just something that you need to understand that this is what we have done and there is a cost. Rountree: Well, it seems to me that with the new traffic movement and the new facility we have more and more is required and we are not necessarily doing what we have always done. And maybe some of those costs need to be borne by some of these organizations that want to close the road. Lavey: Mr. President, Council, one of the things that we did try after -- we have to keep in mind that if we talk about the Dairy Days parade, they canceled last year because of the construction and so our first run at a parade with the new construction was the Winterland Parade and we had hired Specialty and they only charged us 2,600 dollars at the time, but we realized that we had a lot of holes to fix. We had a lot of problem with traffic. It was a major mess. And so when the traffic engineer studies it and said in order to do this correctly it's going to cost you 4,300 dollars, not 2,600 dollars, to make sure that we covered those problem areas. So, we are doing it cheaper than we ever have done if we do it that way. But it is a -- it's a cost. It's an additional cost. Specialty Construction is not a cost that I had budgeted in the past. We have just used ACHD materials and, then, police overtime costs. Bird: Mr. President? Rountree: Mr. Bird. Meridian City Council May 13, 2014 Page 39 of 56 Bird: Chief, you want to remember that the Winterland Parade was about the third the size of the Dairyland Parade in floats and attendance. Lavey: Correct, Bird: So, it's going to be a bigger impact. Lavey: And longer duration. Yes. Bird: Yes. Milam: Mr. President? So, in your opinion if money was not an obstacle, what would be the -- so, what would be the best way to do it? Lavey: You know, that's kind of a dangerous question to ask the police department. I have my -- my option that I would select and it's not based upon monies, it's based upon efficiencies in safety of the citizen and that would be hiring Specialty Company for 4,300 dollars and in bearing the cost of -- of police services at about 2,000 dollars is what I think would be the safest, most practical efficient option for the city. Now, if the city wants us to do something differently, we can provide that. Milam: Thank you. Rountree: Other thoughts? Cavener: Mr. President. A thought of mine is that if ACHD isn't going to be able to provide us any type of signage, we have got to look for another solution regardless. I mean -- so that 4,300 dollars that you quoted is going to be a requirement one way or another if -- if the parade is going to occur. The question is is the city willing to foot the bill for that. Lavey: Yes. With that clarification. So, let me -- and I didn't point that out. We have a quote that would cost us approximately 1,600 dollars to rent the equipment, but we have to do all the hauling, all the gathering, all the setting up, all of the liability, all that. So, there is a lot of hidden costs that -- that are on the list with that. With Specialty if we utilize them, they will provide all the mobilization and the maintenance. They will -- the liability is theirs. They will provide all the traffic control signs, all the barricades, all the tubular markers, all the candlesticks, all the arrow boards. They charge us a hundred dollars for the plan review and, then, provide flaggers at $21.50 an hour, which is, essentially, half of what we would charge as police officers. So, that's really what makes the most sense to us is to use those services. We already use those services for the -- the Winterland Parade. It's just because of the size of the parade, this time of the year it costs more money, so -- Meridian City Council May 13, 2014 Page 40 of 56 Rountree: Jeff, so I understand, that you will be getting a traffic and signage plan that could be utilized from this point forward, assuming everything works. Lavey: I already have it. Rountree: You already have it. Lavey: Yes. Rountree: That could be -- I mean the motion could be rent this service and implement this plan and go to the lowest place you can get it or if somebody can get it from a volunteer basis as a donation, that's one approach. Or here is the plan. Within your organization if you have these materials available to you you could set it up and provide liability -- your liability coverage with this parade to the city. Lavey: That is correct. Rountree: So, that leaves additional options available to anybody who wants to put on a parade. Lavey: Yes. We did actually show them this map and if you would like this route this is what we have paid in the past and, then, you could do a search of your own vendors for it. That is correct, sir. Rountree: Thank you. Lavey: I don't have enough copies, but -- Bird: Mr. President. Jeff, I don't think you got much variation or routes. I think we are pretty well stuck with the one route for a parade in Meridian now. And it's nothing wrong with it, but I just -- I sit on both sides of this fence. In the first place, I hate -- you know, Meridian Dairy Show Board pays 32,000 a year in taxes, which very -- and let's face the facts, the Winterland Parade comes all out of the city's money anyway. That was sponsored by the city. But I think it's something -- I don't want to see it, but -- I mean I always felt that somebody should pay their way. This year it's a little late to start enforcing stuff like that, I guess. I don't know. But, like I said, I sit on both sides and will certainly take this -- we have a meeting tomorrow at noon. I will certainly take it back to the Dairy Show Board, too. Because I -- I mean I don't know what -- what the city -- what the other Councilmen want to do, but -- I mean 4,300 bucks is a lot of money to spend for somebody else's parade. And I realize that it's got very very large and the volunteerism isn't there anymore. It's not what we had in the past. The service clubs are -- don't have the people to run it, you know, like we used to have, so it's something that we need to -- we need to figure out. Lavey: Mr. President, Council, I -- I agree with you that there is not many options for routes. I'm not extremely happy with the route that's been chosen, but you're probably Meridian City Council May 13, 2014 Page 41 of 56 going to get more complaints than me as we go through the neighborhood. But I believe it's the safest route based on traffic. As far as the volunteers, I also agree with you that we don't have volunteers that are willing to step forward in that anymore, but this isn't the small city anymore and using the volunteers the way we used volunteers in the past is no longer a safe option either. You need to have those streets shut off with physical barricades -- Bird: Yes. Lavey: -- with people with vests that are standing in the roadways and everything else. It's just a different city today than it used to be and it's just no longer safe to provide it the way that we used to. So, I have to look at what's the safest way for our citizens, for the parade viewers, for the parade participants and this is what we determine to be the -- the safest. By no means am I against anything that we do, because whatever you tell me to do we will make it happen. So, I'm trying to be as efficient as I possibly can. I will tell you that my intent is to come back in front of Council and ask for a budget amendment for 4,361 dollars if we do not send those costs to the applicant. Borton: Mr. President? Rountree: Joe. Borton: Chief, I -- with your recommendation and comments, it's an exceptionally nice report and the way it's drafted I support. It's something we can always revisit. I presume that as that expense grows there might a report back -- maybe this already happened -- from the Dairy Board or somebody with regard to the Dairy Days that talks about attendance, the number of floats, it has a big economic impact to our city. I don't have a problem carving out the exception. I -- a question for Bill or Emily on some of the language to avoid maybe some confusion. In Section 7 -- Mr. Nary, do you have that up? Nary: I do. Borton: Does the new language work -- the city may provide city services -- is the phrase city services defined anywhere? And the reason I ask that question -- as you read further in that new language that may need to be defined, because the last sentence added makes reference to one type of -- well, service or expense that's excluded and I don't know if that creates confusion that if -- if permitting fees are the only item where a waiver is excluded, is there every other type of city service that might be provided an expenditure the city is going to provide? That's not the intent I'm sure. Nary: Mr. President, Council Member Borton, I guess the other expense we haven't talked about -- and the city has never charged -- is the park expense. There is an expense -- I see Mr. Barton here. And there is an expense that the city does in clean up and maintenance of the park during the -- during the activity as well as the trash pickup and everything else and that -- as far as I understood from the discussion that we have Meridian City Council May 13, 2014 Page 42 of 56 had, that's the expenses that have been incurred in the past. Security for the parade, park clean up, we have not charged the Dairy Board for either of those and the others were the permitting fees for the carnival setup and the different booths and those things and they have always paid those fees. So, those are one that we could identify, but we could certainly put a definition of -- or more specificity into the ordinance if you think that's more appropriate. Borton: Mr. President? I think it's helpful at least to me to see -- and it is a short list, but the list of fees that might otherwise been incurred by an applicant that the city is waiving? The number does get pretty big. Kane: Council President, Council Member Borton, I would agree, city service is intended to -- to mean the city's hard costs and fees are adopted by fee schedule. So, the services provided depend on the need and each event is a little different. I can add that definition. Rountree: I guess my -- my spin on this thing is that it's a different animal now. We don't have ACHD donating the traffic control equipment and in my mind that's not the city's service, nor is it the city's responsibility. That ought to be the responsibility of -- don't care who does the parade and I don't know how -- care how long they have done the parade, that the city was able to get it donated and no longer can and, then, to me it was unreasonable for us to have anything other than volunteers set it up, have it supervised by a public safety official, not have our public safety folks, police and whomever, go out and set this stuff up. I have trouble -- if it's available I don't think the city -- contractually the city would provide the policing, the park -- the park cleanup, the stuff that we can probably do better with our people and know it's going to get done right and, then, have a traffic control plan say you want a parade, you provide this traffic control plan. You can either do it yourself through donations or you can go through, here is companies that do this stuff, but you get that and we will provide the rest. That's how I view it. I know that doesn't necessarily fit with how we have done it in the past, but we have done it in the past, basically, at no cost to us, other than people and vehicles to move it around. Not that that's no small amount, but it's gone from 1,600 dollars to the material into place to 4,300 dollars to get it in place and get it covered by liability and done at sufficient detail and level that handles the safety report. Cavener: Mr. President? I would echo your comments. I think that there is an ability for the city to provide the service, that we have got a built-in mechanism where we can do it, that's great, but spending cost to obtain materials that are outside the city scope just doesn't seem appropriate for the taxpayers to be burdened with those costs. Bird: Mr. President? Rountree: Mr. Bird. Bird: Okay. And the Winterland Parade, let's make sure that the city don't underwrite that thing like they have the last couple of years. Meridian City Council May 13, 2014 Page 43 of 56 Nary: Mr. President? Bird: The taxpayers don't need to be financing that parade. Nary: Mr. President? This exception only applies to events that are 75 years or older and the Winterland Parade isn't. Nary: So, it isn't part of this exemption. The Winterland Parade last year was -- as Council Member Bird said, was -- was a city event. I mean the city actually sponsored and put on the event and that was a budgeted item to do that. But this exemption doesn't apply to that, nor would it apply to the Hot August Nights or whatever the car show is, because the 75 years is really the key point of this particular exemption. Bird: Dad gum it, that even goes before my time. By a couple of years. Rountree: What's the timeline on this? I mean we can have some more discussion or some more time to think about it. I think the chief's proposal is the correct proposal. The question is who is going to -- is the city going to pay for all of it or part of it or is it a 50-50? Is it a match? Bird: Mr. Chair? Rountree: Mr. Bird. Bird: I got a -- and I will bring this forward, too. If -- if we need to pay for it, I think the Dairy Show Board should go out and hire somebody. We have had a -- we have had a -- we were told a quote quite a bit cheaper than -- from a security -- or a safety deal that did it. We was told 3,000. 1 don't know. I think that -- I would prefer to just -- if they are going to get -- if we are going to get charged let us pay it, do it under whatever -- our police department. We have been working with Sergeant Gonzales, whatever he says he have to do we do. Lavey: Mr. President and Council, the parade is June 20th. We are currently sitting on approval of the -- of the permit and it would have to be a traffic plan approved by us in order to get us to sign off on that. So, sooner rather than later. And, then, just to point out that when the car show group did get the permit last year, that's exactly what they did, is they went out and they hired their own company. They did hire Specialty. They paid Specialty directly to shut the traffic down. That's usually a common practice. Although we could do it either way. That's what they did. So, we need to get on this sooner, rather than later, in order for us to sign the permit and for them to get the notifications out to the -- to the parade participants and everything else, so -- you probably have a week or two. We have been known to do it within a week, so we might Meridian City Council May 13, 2014 Page 44 of 56 have three or four, but -- you know, sometime between -- before June 18th maybe it would be nice to know. We will make it happen, but -- Bird: Chief, what do we need -- Myron got the parade route and I understand you guys were the ones that lined the parade right out -- parade route out; is that right? Lavey: It was my understanding that Haans actually came up with the parade route. Bird: So, what do we need to do? What do we need to do? Lavey: The fact of the matter, Haans came up with the parade route, so we would just -- we would work with whoever you guys want to hire. We would show them the proposed -- the proposed route and, then, see what they come up with. Gonzales: Regarding the route -- regarding the route, the route was something that we had discussed last year as part of the closure of Main Street and that was the route that this year the Dairy Board came back with -- with their application and yesterday I was on the phone with Haans just verify that that was a route that the Dairy Board was supporting and wasn't something that was necessarily pushed on them by us, but something that we had discussed last year based on the closure of the roadway. Bird: Okay. Rountree: So, we have had some suggested wording change and several ideas posed. We could have a motion to move forward with the wording change, with whatever conditions you want, or we could wait to see the wording change next week and move at that point. What's your pleasure? Borton: Mr. President? Rountree: Mr. Borton. Borton: I think the wording change idea is great. One other wording change on that is where it says -- the new language says at no charge to organizer. Maybe it would say at no or reduced charge to the extent there might be some shared expenditure or partnership with the -- with the end user. With those changes I'm comfortable moving forward on this next week. Or as soon as it's feasible. Rountree: Is that a motion? Borton: It is -- it is now. Rountree: Would you state the motion? Meridian City Council May 13, 2014 Page 45 of 56 Borton: Yes. That the special use changes presented here by Mrs. Kane and in our packet, along with the changes addressed in today's hearing, be brought back before the Council next week for final review and adoption on the May 20th -- or May 21st -- Rountree: The 21st. Borton: Yeah. Wednesday, the 21 st. Okay. Rountree: Do I have a second? Cavener: Second. Rountree: Motion and a second. All those in favor -- any discussion? Anymore discussion? All those in favor of the motion signify by aye. Opposed same sign. Thank you. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Legal Department Report: Title 1 Updates Rountree: Item 7-F. Title 1 update. And Emily is still with us. Kane: Thank you. I'm still here. The purpose of this department report is to brief the City Council on a proposed update to Title 1 of Meridian City Code that I will plan to place on the agenda for first reading next Tuesday and the accounting manager Todd Lavoie is also here to address any specific questions you might have for him. The primary purpose of this proposed code update is to remove outdated provisions of City Code and replace them with language that describes our current practices. Section 1 of the proposed ordinance runs from page one through page eight. It removes superfluous language regarding adoption enforcement and interpretation of the city. code. There are a number of definitions that have been superseded by more specific provisions of City Code, as well as outdated penalties from misdemeanor and infraction violations of City Code. There is in your draft a typographical error on page three. I don't know if anyone would notice, but -- rather than me. The title General Penalty for Violation of City Code, that title should read: Repeal of General Ordinances. That was a cut and paste error on my part. Sorry about that. I will fix that in the draft that is before you for first reading next week. Section 2 starts on page eight and, again, clears up outdated language regarding duties the City Clerk. For example, the current City Code requires the clerk present a monthly financial report to City Council. Charge fifteen cents per folio for public records request. We don't know what that is. And manage the city's bond. That's pretty outdated. Similarly, Section 3 on page ten, cleans up outdated language regarding duties of the city treasurer and these provisions make City Code consistent with the city treasurer's duties as required by Idaho Code regarding public funds and security of city finances and annual audit requirements. These provisions reflect what our Finance Department actually does and is required to do by law. Section 4 runs from page 12 to page 19 of the draft. It repeals Title 1, Meridian City Council May 13, 2014 Page 46 of 56 Chapter 8, which, again, contains outdated provisions regarding management of city finances. Several provisions of the original 1955 code remain in the section, which was most recently updated in the 1998. These provisions -- the provisions in this draft, drafted by finance, reflect our current and best practices, accounting principles, and requirements under federal and state law. Finally, Section 5 on page 19 of this draft, removes a reference in city code to the joint Building and Planning and Zoning Department and funds. The extent now covered in the update to Title 9 Rountree: Any questions? Bird: I have none. Borton: Mr. President? Rountree: Mr. Borton. of those provisions are still applicable. Those are Are there any questions? Borton: If there is no questions -- very helpful cleanup. Much appreciated. I would move that we approve the Title 1 updates and asked the Legal Department to bring back that ordinance for a first reading next -- on May 21 st. Excuse me. Milam: Second. Rountree: It's been moved and seconded to move this ordinance forward. All those in favor signify by say aye. Opposed same sign. Very good. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Legal Department Report: City Code Provisions Regarding Texting While Driving Rountree: And 7-13, Legal Department report. City Code provision, text while driving and covered loads. Kane: Thank you. This -- the updated draft does include the covered loads provisions. The draft before you includes a repeal of the City Code provision regarding texting while driving. Since that provision was adopted by the Meridian City Council the Idaho legislature has passed Idaho Code Section 49-1401A, which prohibits texting and driving and is, in effect, the same as the provisions of City Code. So, this is a cleanup to get that off of our books and make it clear that the Idaho Code provision will apply. The same principle applies with covered loads. Since we passed our uncovered loads prohibition, the Idaho legislature has passed Idaho Code Section 49-613, four through nine, which prohibits uncovered loads. There are a few differences in the state code provision as compared with ours. The big one is that loads may be uncovered as long as there is six inches of freeboard, so the distance between the top of the load and the top of the truck. Our code does not have that exception, so it's slightly more Meridian City Council May 13, 2014 Page 47 of 56 restrictive. However, we would propose that, just to make it clear that the state code provision applies. That that provision of City Code be repealed. Rountree: Any questions? Bird: I have none. Rountree: Any questions? Do I have a motion to move this forward? Bird: I move that we move this forward regarding the texting and covered loads and bring back a finalized unmarked copy for us next week. Milam: Second. Rountree: It's been moved and seconded to move this ordinance change forward. Any discussion? All those in favor of the motion signify by aye. Opposed? Very good. Move it on. MOTION CARRIED: FIVE AYES. ONE ABSENT. H. Fire/Code Enforcement/Legal Department Report: Parking Code Updates Rountree: Is the next one yours as well? Kane: Yes. Rountree: All right. H. Fire code. Kane: Thank you. Council President, Members of the Council. The purpose of this report is to brief the Council on a proposed code update that I will plan to place on the agenda for first reading next Tuesday, if that's acceptable to you. Deputy Fire Chief Perry Palmer and Sergeant Matt Parsons are here to address any specific questions about this proposed update that you may have for them. This proposed language would amend the parking code to address a few concerns. One concern is that UDC Section 11-2-3-4A2 disallows parking unregistered vehicles in driveways. The parking code allows them to be parked in the street. So, our code enforcement officers are facing the situation where vehicle owners are fixing UDC -- the UDC violation by moving their unregistered vehicles -- specifically junk vehicles, into the road. So, there -- this code update would address that situation where the code enforcement officer can designate vehicles by allowing them to issue parking tickets for those junk vehicles when they are left along the road. A second concern that this proposed code update will address is it will allow law enforcement officers to issue parking tickets for unauthorized vehicles that are parking in spot designated for persons with a disability. Law enforcement officers are clearly empowered by Idaho Code to enter private property open to public use to enforce this provision. But the current city code language references Idaho Code Meridian City Council May 13, 2014 Page 48 of 56 instead of incorporating its language. The result is that officers are empowered to personally serve a citation on vehicle owners who choose to violate this law, but they are not empowered by city code to leave a parking ticket on the vehicle. So, this code update would rectify that process issue and allow officers to issue parking tickets for the violation. The fine for this violation by state code is one hundred dollars, which is what it also says in our city code section -- or in our city code fine provision. The final role of this proposed ordinance is to empower law enforcement officers to issue citations for parking in a fire lane. This has been a sticky issue legally, because there is not a similar state code provision like the disabled parking provision that specifically empowers law enforcement officers to go onto private property and issue parking tickets for parking in the fire lane. As a result of this problem we linked the fire code official's existing authority to enter private property under the fire code with law enforcement's authority to issue parking tickets. This is an untested enforcement method, but we consulted with our prosecuting attorney Terry Deardon and we all believe that it has firm enough legal footing to withstand a challenge if necessary. As a practical matter, of course, this is a situation through a public safety concern that could have very real consequences if it continues unchecked. For example, if the school fire lane is filled with parked cars paramedics access to athletic facilities could be compromised, if not completely cut off. The fine that we are recommending for unauthorized parking in the fire lane is 50 dollars. Is there any questions? I can stand for those. Lavey: Could I say something? Mr. President, Council, I just want to point out one thing. It's not about the fine, it's about the police department is set -- is set up to write citations and the fire department is not and currently we are faced with lots of requests about fire land violations, how at a lot of the commercial developments and shopping centers and schools and a lot of parks and we currently do not have the authority to do law enforcement activities, such as a citation or impounding, on those properties and really just gives us that authority to do that. So, it's not something we are seeking, but it's something that's expected of us that we can't fulfill. Rountree: Any questions? Bird: No. I'm quite shocked that we haven't had this deal and why we are waiting so long. Rountree: I have a question about the level of the infraction. You said it's going to be a misdemeanor and we have been around and around on this misdemeanors and infractions and -- Lavey: Mr. President, it might be something that is missed and we will have to review that. The fire codes -- Idaho fire codes are all misdemeanors, which is why we do not want to go down with Idaho fire code and so we have to create a new code that actually gives us authority that we want to make an infraction. So, that might be something that's getting mixed up in here. So, if the fire department was to go out and issue a citation under the Idaho fire code, they would be compelled to issue a misdemeanor, Meridian City Council May 13, 2014 Page 49 of 56 because there is no infraction and we are trying to come up with an option that would give us an infraction. Rountree: Well, that's in this last paragraph reference the Idaho Fire Code Section 109- 4 being amended. Kane: Yes. Council President Rountree, that addition of the language -- except as otherwise set forth in Meridian City Code -- would allow us to set up an infraction citation for parking in a fire lane. Right now it is a misdemeanor and it requires the fire code official to send a notice of violation and provide a reasonable time to abate, which, of course, is silly for a parking problem. Rountree: Any other comments? Questions? Bird: I have none. Mr. President? Rountree: Mr. Bird. Bird: I move we bring this new ordinance back -- or addition to this ordinance back next week for final passage. Rountree: A second? Cavener: Second. Rountree: It's been moved and seconded to move this ordinance forward to the 21st. All those in favor of the motion signify by aye. Opposed same sign. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: General question. When will this take effect? Kane: Immediately. Rountree: Immediately. Okay. I got to move my car. Bird: I got to tell you what an old fire captain in Boise told me one time. He said that's why they got nice big bumpers on our trucks. We can move them right out of the way. I. Police Department Report: Trauma Intervention Programs, Inc. (TIP) Rountree: 7-I. 7-1 is the next item for a Police Department report. Jeff, are you doing the trauma intervention? Meridian City Council May 13, 2014 Page 50 of 56 Lavey: Mr. President, Council, I just gave you some materials in front of you that you can thumb through either now as I'm speaking or after the fact. It really kind of explains TIP a little bit. If you recall, when we were giving our electric orientation I had -- and the Mayor had briefly mentioned TIP and so this is what that's about and gives you an opportunity to question -- ask additional questions about what it is. This is something that we have been working on in Ada County for over a year, if not a year and a half, trying to come up with implementing a TIP program countywide. Actually, we tried it -- to implement it Treasure Valley wide and that was a major undertaking that I realized real quick that we weren't accomplishing and so we had to drop it back to Ada County. Trying to get the unincorporated Ada County and all cities together to agree on this program and to move forward was certainly easy, but trying to get action from them was a little bit more difficult and so that's where we are at now. I'm pleased to tell you that you have a contract in front of you that was -- that was attached that Emily and I have been working on -- actually, she's been doing all the work. I shouldn't take any credit for it. For the last couple of weeks. And Boise city has a similar contract with similar wording. Garden City is the same. We also are working with all of the cities -- all the contract cities -- Kuna, Star, Eagle, and I approached the sheriff and said, you know, it would be a lot easier if you did one contract and just billed those agencies. They actually already agreed to -- to move forward on their TIP program, so just invoice them. The cost is so insignificant. So, that's what -- that they are working on. So, there will be four contracts with this organization. And, really, what it is is TIP stands for Trauma Intervention Program and it's really dealing with the second injury. It's where first responders go to the scene of a tragic event and they have to deal with the event itself, but also deal with all the family members. Now, we have a certain checklist that we have to do and it isn't always the same checklist that the victims think that we need to be dealing with and so that's where they are talking about the second injury is like you -- you were acting like a robot going through this, but not really being -- showing compassion or empathy at my time of need. Examples of that is a fatality crash where a family member may be killed in a car crash and they may be out of the area and knows nobody here. Law enforcement and fire are going to come in and deal with them and they are going to leave them at the hospital and they are going to take off. An example is the elderly lady that wakes up and her husband is found deceased in bed next to her, not knowing what to do. We will show up -- well, we will show up, but we can't stay with them all day or until someone is there to take care of them. So, this program is a national program. It originated in San Diego, California, about 22 years ago and they have local affiliates all across the United States. There is about 22 of them right now. The organization will come in under their national and nonprofit organization and set up a TIP program and establish it in the community with the hopes of after a -- they say after a year, but I do know that Portland -Vancouver were actually -- it took them seven years to find a local affiliate that would take over TIP. It does come with a cost. The cost of -- for the cities is 12 cents per citizen per year and so it's based upon our population. As our population grows the cost of pay grows. If the population decreases, then, the bill goes down. I don't think that's going to be happening based on the presentation I heard from the assessor earlier today. But that's what we pay. The reason why we pay that is buy in from the city -- is that they are willing to say this is important to our citizens and this is the price that we are going to pay. Now, the Meridian City Council May 13, 2014 Page 51 of 56 national and the local nonprofits fundraise for the rest. They get their money through corporate sponsors. They get their money through hospitals. They get their money through doctors offices and such. So, we are in the process of putting this together. If we can get a contract signed in agreement, we will start recruiting volunteers and training volunteers. So, what the city will need to do is provide the 12 cents per citizen and, then, to provide some training to the volunteers. The TIP program comes in and actually trains volunteers for the first week on that victimology and what to say, what not to say and, then, the local law enforcement, the local fire, the coroner's office, victim witness coordinators and such come in and train these citizen volunteers on what to do, what not to do at a crime -- or at -- at a scene. If it's a crime scene where actual charges will be going through the court, they probably won't be involved or if they are involved they are involved the least significant amount. One very very popular case out of California that took it's ways through to Idaho is the Demaggio case where the gal was -- was kidnapped down in California and ended up in the Idaho wilderness. TIP was involved in that helping the family. So, that's what we propose. It's something that the Mayor has been involved in quite a bit, too. I was really concerned that she wasn't here today, but, then, she assured me that Councilman Rountree was fully aware of this, so hopefully that's the case. But I'm here to answer any questions that I can about the TIP program. We -- we believe it is -- is a very cheap yet necessary service that we can provide our citizens. And with that I will stand for any questions. Rountree: Questions for the chief? Bird: Mr. President? I don't have a question for -- Bill, on their -- it says TIP shall maintain automobile insurance with a limit no less than 500,000. We are a million, aren't we? Nary: No. Five hundred thousand. Bird: Is it only five hundred? Nary: Yes. Mr. President, Members of the Council, just -- you know, the contract -- the original contract that was sent by TIP is kind of a template I guess that they use in some places, but they all know that each state has different laws and requirements and so they -- their expectation is that we are going to respond with what fits our -- what fits our rubric and requirements in our state. So, this is a joint effort. We have worked with the city of Boise and our office in crafting an agreement that fits all of the needs that we have and also includes some benchmarks. I think the chief is right. I mean from an affordability standpoint for the value that you will get at the end of the day it is -- really is a very reasonable, fair value for what you're receiving, but we want to make sure that there is some benchmarks in it, so that you have you some assurance on this in the future even that this a start up. It's, obviously, a year by your contract, so if at some point in time the city -- the police or the city say that this isn't something that you want to continue with, you're only investment is yearly, but your investment is up front and that's always a red flag for legal and purchasing is whenever we pay for anything before we receive service you want to make sure there is some accountability within the Meridian City Council May 13, 2014 Page 52 of 56 agreement and so that's really where most of the language in this agreement that's in front of you comes from, it's just making sure we have something that's accountable, something that we have to go back on, but it is a one year at a time, I think it's 9,000 dollars, I think it's -- nine to 12, somewhere in that range. So, that's -- that's why some of the language seems very lawyery, but that's -- that's the reason for it. But it is crafted by us. This isn't somebody else's agreement. Rountree: Joe, you had a question? Borton: Yes. Chief, do they come -- is the idea that they train annually and refresh a new set of volunteers or do they train folks in the department to, then, perpetuate training down the road? Lavey: Mr. Borton, this is a very very extensive training program with very extensive requirements. They have to put in three eight hours shifts per month to just stay current and these are -- these are people that we do not want them going out into a scene and saying or doing something dumb, because we can really really hurt our citizens. And so there is -- this 50 hours of training is just the initial training. Then there is a field training program much like the police department where you actually go with a trained veteran volunteer and they will take them for multiple months before they will even cut you loose alone. And, then, there is ongoing monthly training that is -- is put on as well. So, they have some real stiff requirements for their volunteers. I know that there is more requirements and I can't think of those off the top of my head. So, these are citizens of our community that are willing to do this sort of work. Now, if we agree with this, what they are going to do is -- the next step is to get media attention and begin recruiting volunteers, deciding on the actual training date and there is a training academy. It's 55 hours, the initial academy. That's in your handout that I gave you as well. Locate a small TIP office in the agency. Both Meridian and Boise police have volunteered a space for them to initially work out of. With the construction starting in the police department we will probably defer to Boise. They usually get some other organization that provides them office space later on as this is established, but initially we have the space for them. And, then, the hardest thing is identifying a local volunteer organizer who is for a few months willing to help recruit. Unfortunately, I have been doing most of the -- most of the work and, then, I have had another person in Boise police that's been helping me as well, but we can't do this long term. We are going to have to find a citizen that's willing to come forward. Now, I have someone identified that's willing to take this job full time, but right now it would be -- it would start off as part time. So, those are our next steps if we go forward with that. Cavener: Mr. President? Chief, what's the goal for number of volunteers at early capacity and, then, their full capacity needs? Lavey: It's to be determined right now. They try to go with about 50 volunteers. What they find is that they don't lose volunteers because they get burned out, they lose volunteers because they are not utilized enough. So, we really have to wait and see the need. They like to establish a -- a program for about 400,000 people and they think that Meridian City Council May 13, 2014 Page 53 of 56 50 volunteers could cover 400,000 people based upon their previous experiences. I want to get Canyon county involved as well, so that's the -- the longer term, but some of the larger cities can have up to 200 volunteers. They also have senior volunteers. They have youth volunteers as well. They will never let a youth go by themselves, but they will recruit a youth to go out to a -- maybe a suicide of a young high school kid or something like that, they will actually go into the families as well. So, they have those programs, too. Rountree: Further questions? Bird: I have none. Rountree: So, we need a motion -- Bird: Mr. Chair? Rountree: -- on the agreement. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we accept the TIP as a Trauma Intervention Program and for the President to sign and Clerk to attest the contract. Milam: Second. Rountree: It's been moved and seconded to approve the contract for the TIP program. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Thanks, chief. I think it's a neat program. Bird: Belated happy birthday. Lavey: Yes. Bird: I couldn't get through the stupid Facebook. He told me and I still didn't get through. I'm sorry. Operator error. You turned 30; right? Lavey: Yes. Twenty-nine, actually. Meridian City Council May 13, 2014 Page 54 of 56 Bird: Twenty-nine? Rountree: Twenty-nine some number of days ago. Bird: Dad gum it, I'm just ten years old. Lavey: Mr. President and Council, just to let you know that an enhancement has been prepared for FY -15, so we will not be billed for this until October 1, but with the go ahead and your approval, I will give the organization the heads up that we are moving forward, we have a commitment, and, then, we did put a caveat in here that said that if -- if all the agencies don't come on board, then, the contract's null and void as well. So, we are not going to pursue this unless everybody commits. That's one thing that I feel strongly about that -- I told them that if nobody else is doing it, Meridian's not doing it, but we just don't have enough to keep that level of volunteers in place to do that, which is -- which is good, because you don't want that tragedy, but it's sad in that we have nothing for those volunteers to do as well, so -- thank you. Item 8: Ordinances A. Ordinance No. : An Ordinance (AZ 14- 002 Revolution Ridge Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest 1/4 Of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Low Density Residential District); And Providing An Effective Date. Rountree: Thanks, Jeff. That brings us to Item 8, Ordinances. Madam Clerk, if you would read the ordinance in Item 8-A by title only. Holman: Thank you. City of Meridian Ordinance No. 14-1605, an Ordinance AZ 14- 002, Revolution Ridge Subdivision, for annexation and rezone of a parcel of land located in the northwest one quarter of Section 25, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A, and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-4, Low Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: You have heard the ordinance read by title only. Anybody wish it to be read in its entirety? Seeing none, I need a motion. Meridian City Council May 13, 2014 Page 55 of 56 Bird: Mr. Bird? Rountree: Mr. Bird. Bird: I move that we have approve Ordinance No. 14-1605 with suspension of rules. Milam: Second. Rountree: It's been moved and seconded to approve Ordinance 14-1605. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. : An Ordinance (RZ 14-002 Reardon Subdivision) For Rezone Of A Parcel Of Land Being Lot 2, Block 1, Hearthstone Subdivision As Recorded In Book 86, Page 9650, Ada County Recorders And A Portion For The Adjacent Right Of Way Of West Cherry Lane, Located In The NE'/4 Of The NW 1/4 In Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County; Establishing And Determining The Land Use Zoning Classification Of Said Lands From R-4 (Low Density Residential District) To R-8 (Medium Low Density Residential District) In The Meridian City Code; And Providing An Effective Date Rountree: Ordinance under Item 8-B. Madam Clerk, if you would read that by title only. Holman: Thank you. City of Meridian Ordinance No. 14-1606, an Ordinance RZ 14-002, Reardon Subdivision, for rezone of a parcel of land being Lot 2, Block 1, Hearthstone Subdivision, as recorded in Book 86, page 9650, Ada County recorder, and a portion of the adjacent right of way of West Cherry Lane, located in the northeast one quarter of the northwest one quarter in Section 10, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A, and annexing certain lands and territory situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from R-4, Low Density Residential District, to R-8, Medium Low Density District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Meridian City Council May 13, 2014 Page 56 of 56 Rountree: You have heard the Ordinance 14-1606 read by title only. Anyone wishing to hear it in its entirety? Seeing none, I need a motion. Milam: Mr. President, I move that we approve Ordinance No. 14-1606 with suspension of rules. Bird: Second. Rountree: It's been moved and seconded to approve Ordinance 14-1606. Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, absent; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Future Meeting Topics Rountree: And that brings us to Item 9, Future Meeting Topics. Anybody have anything they wish to put on the -- Bird: I have none. Nary: Mr. President, just one -- I guess note for the record. The Council's approved the TIP agreement. The one that's in your packet isn't signed by them -- Bird: No. Nary: So, we will get the signed copy from them and bring it back before final signature. Just wanted you to be aware of that. Rountree: Very good, Bill. Seeing no further business, I would -- Bird: I entertain a motion we -- or I move we adjourn. Milam: Second. Rountree: It's been moved and seconded to adjourn. All in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) PRESIDENT CHARLIE ROUNTREElzP D,-,,D,APPROVED ATTEST: ,got T, U cjty rya" -"4 �,._. JAYCE HOLMAN, CITY CLERK " " �>.°Mhz 1¢c5 �'" Meridian City Council Meeting DATE: Mav 13.2014 ITEM TITLE: REVOLUTION RIDGE ITEM NUMBER: PROJECT NUMBER: AZ 14-002 Development Agreement for Approval: AZ 14-002 Revolution Ridge by C 13, LLC Located at 1 100 W. Riodosa Drive Request: Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ND 39" BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler RECORDED -REQUEST OF III IIIIIIII'IIIIIIIIIIII' I Boise City 114036593 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. C13, LLC Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this (3 day of "&J , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, whose address is 33 E. Broadway Avenue, Meridian, Idaho and C13, LLC whose address is 1627 S. Orchard Street, Boise, ID 83705 hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of re -zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 20.39 acres described in Exhibit "A", requesting a designation of R-4 (Medium -Low Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT -REVOLUTIONRIDGE SUBDIVISION (AZ I4-002) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 61" day of May, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B": and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT- REVOLUTION RIDGE SUBDMSION(AZ 14-002) PAGE201`8 3.2 OWNER/DEVELOPER: means and refers C13, LLC, whose address is 1627 S. Orchard Street, Boise, Idaho 83705, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Medium Low Density Residential District (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Direct lot access to W. Victory Road (except for the emergency access driveway on Lot 4, Block 1) and S. Kentucky Way is prohibited in accord with UDC 11-3A-3. 5.1.2 The emergency access driveway via W. Victory Road on Lot 4, Block 1 shall be constructed with the first phase of development. The entrance to the driveway shall have bollards with a chain between them and shall have a paved 5 -foot wide pathway around the bollards for pedestrian access. 5.1.3 Future development of this site shall be generally consistent with the site plan and conceptual building elevations submitted with this application included in Exhibits A.4 and A.5 of the Staff Report attached hereto in Exhibit B. 5.1.4 The rear or sides of homes on lots that back up to W. Victory Road and S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 5.1.5 The Sundall Lateral, which crosses the southwest corner of the site, is allowed to remain open and not be piped as approved by City Council in accord with UDC 11-3A-6A.3b. DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 3 OF 8 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: C13, LLC 1627 S. Orchard Street Boise, ID 83705 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between theparties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them DEVELOPMENT AGREEMENT -REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 6 OF 8 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force atthe time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: C13, LLC By: CITY OF MERIDIAN By: City oI L�ion��n yT City Clerk - f DEVELOPMENT AGREEMENT—REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this I day of _, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared '-j I YVL e0"2v� , known or identified to me to be the �!M Cwr-bejv of C13, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ••••. 11NE !OS (SEAL) 1t:,......... Off. , r ,OTA* A •� f '. pUBLtG ; �•'�. P� O F 19 P.•`� STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residingat: 11b My Commission Expires: ?jijlq On this 3 day of �.Aa,l , 2014, before me, a Notary Public, personally appeared' ---v- erd-and Jaycee L Ho Holman, know or identified to me to be the Mayor an$, lerk, respec iv`� y, of `t�ie�n of Meridian, who executed the instrument or the person t6a`� xecutec�he�rument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) � I � � O r !, D6 000C)° .o Residing at: P --Cf Yt Commission expires: U�Lv DEVELOPMENT AGREEMENT—REVOLUTION RIDGE SUBDIVISION (AZ 14-002) PAGE 8 OF 8 EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION A parcel of land located In the Northwest 1/4 of Section 26, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Northwest 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89020'30" East with the distance between monuments found to be 2,640,21 feet. BEGINNING at a point on the North line of the Northwest 1/4 of Section 25, Township 3 North, Range 1 West, Boise Meridian, from which the Northwest corner of said Section 26 bears North 89°20'30" West a distance of 1,620,02 feel; thence along said North line, South 89920'30" East a distance of a distance of 478.19 feet to (he eenterllne of Kentucky Ridge Road; (hence along said centerline (he following three(3) courses: South 00°2822" Weal a distance of 191,56 feet; along a curve to the left with a radius of 228,00 feet and a central angle of 67044'16" an arc length of 229.76 feet with a chord bearing of South 28623'46" East, and a chard distance of 220,16 feet; South 57115153" East a distance of 65.36 feet; thence leaving said centerline, South 32044'07" West a distance of 30.00 feel; thence South 6103616" West a distance of 33.74 feel; thence South 10°47'18" West a distance of 339.91 feet; thence South 00°27'48" West a distance of 528.85 feet; thence North 89°23'16" West a distance of 835,02 feet; thence North 00°32'33" East a distance of 698,68 feet; thence South 89020'30" East a distance of 300.00 feel; thence North 00'32'33" East a distance of 726.00 feet to the POINT OF BEGINNING, Said parcel containing 888,381 square feet or 20.39 acres, more or less. END OF DESCRIPTION Russell E. Badgley, P.L.S. 42450 Timberline Surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208)465-6687 Revolution Ridge — AZ 14-002 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER E IDIAN- e l��t In the Matter of the Request for Annexation and Zoning of 20.39 Acres of Land with an R-4 Zoning District; and Preliminary Plat Consisting of 64 Building Lots and 5 Common Lots on 19.74 Acres of Land for Revolution Ridge Subdivision, Located at 1100 W. Riodosa Drive, by C13, LLC. Case No(s). AZ -14-002; PP -13-040 For the City Council Hearing Date of. April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact I . Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 2014, 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 plarming 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 -14-002; PP -13-040 -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. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of April 15, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning and preliminary plat is hereby conditionally approved with the requirement of a development agreement per the provisions in the attached Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Prel iminary 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 1 I -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 1I - 6B -7C). 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 11-513-31)). 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). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -14.002; PP -13-040 -2- E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -14-002; PP -13-040 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEERD (TIE BREAKER) r% lev Mayor T&4 e Weerd day ofk`� VOTED VOTED__ jAtJr-- V OTED VOTED UIII_,Va— VOTED — VOTED_?�— VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. �O pTe�nr Dated: City filer <' Office �— Q o aq or a SEAL A"1 f � 4 ��lAe iR[Ab�� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-002; PP -13-040 -4- EXHIBIT A STAFF REPORT Hearing Date: April 15, 2014 TO: Mayor & City Council aWEF IIAN� FROM: Sonya Watters, Associate City Planner € f1 11 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-002; PP -13-040 —Revolution Ridge Subdivision I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, C13, LLC, has submitted an application for annexation and zoning (AZ) of 20.39 acres of land with an R-4 zoning district. A preliminary plat (PP) is also proposed consisting of 64 single- family residential building lots and 5 common lots on 19.74 acres of land for Revolution Ridge subdivision. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and PP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on March 6 2014 At the public hearing, the Commission moved to recommend approval of the subject AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Jim Conger, Applicant ii. In opposition: None iii. Commenting: Norma Petty; Rick Fisch, Tamara Hamilton Brenda Jones Kristy Rye Val Hill, Gordon Hamilton (all speakjng for several groups)' Alex McNish; and Roberta Livesay iv. Written testimony: Kevin Petty' and Laren Bailey Applicant's Representative (in agreement with staff report) v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issne(s) of Discussion by Commission: i. The applicant should continue to work with the neighbors regarding their concerns about connection to water and sewer; timing of construction of the fencing along the west boundary; the construction entrance; expectations for contractors on the site,• etc C. Key Commission Chanee(s) to Staff Recommendation: i. Modify condition 01.1.1b to allow for bollards with a chain instead of a Late for the emergency access driveway off of Victory Road; ii. Include the revised plat shown at the hearing in Exhibit A.2 and update condition #1.1.2 accordingly d. Outstanding Issue(s) for City Council: i. Staff requests anew condition is added that requires a water main to be installed under the micropath in Lot 8, Block 3. This nmm will connect into the water maim beige required in the proposed Biltmore Subdivision to the sorrtlr. The Meridian City Council heard these items on April 15 2014 At the public 1 tl Council approved the subject AZ and PP request Revolution Ridge Sub AZ -14.002; PP -13-040 PAGE 1 EXHIBIT A R_ Summary of City Council Public Hearin : i• In favor: Jim Conner li In opposition: None U Commenting: Tamara Hamilton: Kevin Petty; Ryan Head. ACHD iY Written testimony Jim Con er Kentucky Ridge Homeowner's Association Kimberly ollingswm•th: Curtis Hpaglund L Staff presenting application: Sonya Watters YL Other staff commenting on annlieati_m_ r None It a Issues of Discussion by Council: L 1hp, provision of a sidewalk off-site on the eastside of S. Kenturlry Way instead fon e site on the west side of S. Kentucky Wav %L The request to leave the Sundall Lateral open due its lar a capacity and the sire of pipe necessary to the the facility: III, The requirement for fencing along the west boundary ofthe site across the ------- ------ riab# pf w --- -- --- ofRebellion Street: and iv, City Council requested the applicant consider the street nam theme presented by th Kentucky Ridge HOA when determining the final street names for the subdivision g. Cev Council Changes to Staff/Commission Recommendation L City Council approved a waiver to I1D 11 -3A -6k 3b allowing the Sn&d—a-11jLattja1 to remain open and not be pined (see condition #1.1.e1: li Add new conditions requiring an easement and water main to be installed within Lot R Block 3 to connect into the water main required in the Proposed Biltmore Subdivision to the south (see Exhibit B. condition #1.1.2a RL Add a new condition requir ng a foot wide detached sidemalk to be -provided off-site iY Add a new condition requiring a 64ilot tall solid temporary fence to be constructs III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 002 & PP -13-040, as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-002 & PP -13-040, as presented during the hearing on April 15, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-002 & PP -13-040 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 1100 W. Riodosa Drive, in the NW % of Section 25, Township 3 North, Range 1 West. (Parcel #: R4882810600) Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 2 EXHIBIT A B. Owner(s): Jim Conger 1627 S. Orchard St. Boise, Idaho 83705 C. Applicant: C13, LLC 1627 S. Orchard St, Boise, Idaho 83705 D. Representative: Laren Bailey, LEI Engineers & Surveyors 3023 E. Copperpoint Drive, Ste. 201 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 and preliminary plat. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 24, and April 7, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: February 14, 2014 (Commission); March 20, 2014 (City Council) D. Applicant posted notice on site(s) on: February 24, 2014 (Commission); April 7, 2014 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Victory Road and rural residential properties, zoned Rl in Ada County 2. East: Residential properties in Kentucky Ridge Estates, zoned R-4 3. South: Rural residential/agricultural property, zoned RUT in Ada County 4. West: Rural residential/agricultural property, zoned RUT in Ada County. C. History of Previous Actions: This land was previously platted as Lot 3, Block 3, Kentucky Ridge Estates Subdivision. D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in S. Stoddard Road at the intersection of S. Silvertip Lane. 2. Location of water: A water main intended to provide service to the subject property currently exists at the intersection of W. Victory Road and S. Stoddard Road. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 3 EXHIBIT A 3. Issues or concerns: The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. E. Physical Features: 1. Canals/Ditches Irrigation: There is a ditch that runs along the southern boundary of the site as well as across the southwest corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. VII, COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of three dwelling units or less per acre. The applicant proposes annex the subject property with an R-4 zoning district and develop 64 single- family residential detached homes on the site. The gross density is 3.2 dwelling units (d.u.) per acre. Staff fords the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed medh nr-lorr density residential development should add variety to the lora density residential uses that exist in this area. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) Street buffer landscaping is required adjacent to S. Kentucky Way, a residential collector street, and W Victory Road, an arterial street, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtainedfor signage andfencing. Fencing shall comply with the standards listed in UDC 11-3A-7. • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0117) The proposed raediam low-density residential development should be compatible with existing adjacent residential and agricultural uses. "Require common area in all subdivisions." (3.07.02F) The proposed plat depicts a total of 1.98 acres of qualified open spacelconnnoru area to be provided on the site in accord with the standards listed in UDC Il -3G -3B. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 4 EXHIBIT A • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposedplat depicts stub streets to the south and Nest for future extension and interconnectivity. A couple of streets (Riodosa mad Blue Doivns) are also proposed to connect to existing stub streets in Kentucky Ridge Estates Subdivision. • "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity as part of a community pathway system." (3.03.03B) There are no pedestrian connections proposed to adjacent properties. In order to promote neighborhood connectivity, micro paths should be provided to the tivest and south and to the east to the sideuvalk along S. Kentuclq Way. • "Permit new development only where urban services can be reasonably provided at tine time of final approval and development is contiguous to the City." (3.01.01F) Cih� services will be extended with the development of the site in accord rvith UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium low-density residential (R-4) district allows a maximum gross density of 4 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for single-family detached dwellings is a principal permitted use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 20.39 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of LDR. The applicant proposes to develop 64 single-family homes on the site as shown on the preliminary plat in Exhibit A.2. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 5 EXHIBIT A The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is LDR, which allows for densities of 3 dwelling units per acre or less and the proposed gross density is 3.2 dwelling units per acre, Staff believes the proposed R-4 zoning is appropriate for this properly. 2. Preliminary Plat The proposed preliminary plat is a re -subdivision of Lot 3, Block 3, Kentucky Ridge Estates Subdivision. The proposed plat consists of 64 single-family residential building lots and 5 common area lots on 19.74 acres of land in a proposed R-4 zonhng'district. The average lot size in the proposed development is 9,400 square feet. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the dimensional standards listed in UDC Table 11-2A-5 for the R-4 district and found the plat in compliance with those standards. Block Length: The maximum block length standard is 750 feet without an intersecting street or alley (UDC 11 -6C -3F). The length of the block face along the southern boundary of the site that includes Block 3 and the lots to the east in Kentucky Ridge Estates Subdivision measures approximately 1,140 feet. The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian connection is provided. Because of the location of the Sundall Lateral, a stub street to the south on the west side of the lateral as proposed seems to be a better location than on the east side of the lateral and will provide access to the south on the west side of the lateral in the future. Therefore, staff recommends a micropath is provided to the south between Lots 7 and 8, Block 3 for firture pedestrian interconnectivity between subdivisions in accord with the block length requirements. Existing Structure(s): There is an existing home on the site that is proposed to remain on Lot 14, Block 2. The existing home is required to comply with the building setbacks of the R-4 zoning district. The home appears to comply with all setbacks except for the rear setback which is 15 feet; the south east property line adjacent to the common area on Lot 22, Block 2 should be shifted so that the house meets the minimum rear setback requirement. Access: Access to this site is proposed on the plat from two accesses via S. Kentucky Way by way of W. Victory Road. Stub streets are proposed to the west and south for future extension and interconnectivity. A direct access via W. Victory Road is also proposed for emergency access only across Lot 4, Block 1. The Fire Department and Staff recommends the developer install a 20 -foot wide gate with a Knox padlock to restrict access for emergency purposes only. The emergency access should be constructed with the first phase of development. The plat depicts 42 -foot and 48 -foot wide right-of-way sections. On the 42 -foot wide street sections, parking is only allowed on one side of the street. Staff recommends "no parking" signs are installed at regular internals along the street. Utilities: Street lighting is required to be installed within the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 6 EXHIBIT A Pressurized Irrigation (PI): An underground PI system is required to be provided to each lot in the subdivision as proposed in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 25 -foot wide street buffer is required along W. Victory Road and a minimum 20 -foot wide buffer is required along S. Kentucky Way as proposed. Landscaping within both street buffers is required to comply with the standards listed in UDC 11 -3B -7C; a detailed plan demonstrating compliance with these standards is required to be submitted with the final plat application(s) for this subdivision. The landscape plan submitted with the final plat should incorporate the following revisions: 1) Where bark is proposed, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11 -3B -5N; and 2) Because the parkway along W. Victory Road is proposed to count toward the qualified open space requirement, one tree per 35 lineal feet is required to be planted within the parkway area in addition to the landscaping required within the street buffer area. Tree Mitigation: The landscape plan states there are 4 existing ornamental trees on the site that will be relocated. If there are any trees that are proposed to be removed, the applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Open Space & Site Amenities: Based on the area of the preliminary plat (19.74 acres), a minimum of 10% of the site (or 1.97 acres) is required to consist of gzzalifzed open space as defined in UDC 11 -3G -3B. The applicant proposes a total of 1.98 acres of qualified open space, consisting of a 1.39 acre park, the parkway and t/3 the street buffer along W. Victory Road, the full street buffer along S. Kentucky Way, and a micropath/emergency access connection to Victory Road in compliance with this requirement. In accord with UDC 11 -3G -3A.2, a minimum of one qualified site amenity is required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes a fitness park that will feature 1.3 acres of open space for a play area, a 1/8 mile long pathway around the perimeter of the park, and nearly a dozen workout stations as quality of life amenities in accord with UDC requirements. Sidewalks: Sidewalks are required along all public streets as set forth iu UDC 11-3A-17. A minimum 5 -foot wide detached sidewalk is required along W. Victory Road and S. Kentucky Way. Five-foot wide attached sidewalks are proposed along internal streets within the subdivision. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. There are no pathways proposed to adjacent properties. In order to promote neighborhood connectivity as detailed in the Comprehensive Plan, staff recommends micropath connections to the west (between Lots 11 and 12, Block 2) and to the south (between Lots 7 and 8, Block 3) boundaries of the subdivision. For topography reasons, staff is not recommending a pathway be provided to the east (between Lots 13 and 14, Block 1) to the sidewalk along S. Kentucky Way as there is a 5% grade in that area which would not comply with ADA standards. Landscaping should be provided adjacent to the pathways in accord with the standards listed in UDC 11-311-12C. Revolution Ridge Sub AZ -14.002; PP -13-040 PAGE 7 EXHIBIT A Waterways: The Sundall Lateral crosses the southwest corner of the site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. The applicant is requesting a waiver fiom City Council due to the large capacity of the lateral. The applicant anticipates that a 36-48" diameter pipe would be required to tile the lateral. The final plat should depict the easement for the lateral on the face of the plat and label it as such. Floodplain: This site does not lie within the Meridian Floodplain Overlay District, Building Elevations: The applicant has submitted conceptual building elevations for the future homes in this development, included in Exhibit A.S. Because homes on lots that back up to W. Victory Road and S. I{entucky Way will be highly visible, staff recommends the rear or sides of structures on these lots incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. Fencing: A 6 -foot tall vinyl fence is proposed along the perimeter boundary of the subdivision as depicted on the landscape plan; a 5 -foot tall wrought iron fence is proposed around the common area on Lot 22, Block 2 and adjacent to the common area on Lot 4, Block 1 in compliance with the standards listed in UDC 11-3A7. If the Sundall Lateral will not be improved as part of the development to be a water amenity (as defined in 11-lA-1), the lateral is required to be fenced with an open vision fence at least 6 -feet in height and having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. In snnrnmmy, Staff recommends approval of the proposed annexation and prelimirnaryplat request for this site with a development agreement and the recontmennded connditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXIIIBITS A. Drawings/Other 1. Vicinity/Zoning Map 2. Proposed Preliminary Plat (dated: 1/28/14) - REVISED 3. Proposed Landscape Plan (dated: 1/25/13) 4. Site Plan (dated: January 2014) 5. Conceptual Building Elevations B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Revolution Ridge Sub AZ -14-002; PP -13-040 PAGE 8 W.VW :l A. Drawings 1. Vicinity/Zoning Map Exhibit Page 1 Co®� m®® LON-1611 .1w.1 2. Proposed Preliminary Plat (dated: 1/28/14) -REVISED REVOLUTION RIDGE SUBDIVISION; A PMR OF AILIIX'1IL0H A MINN OPINE SP. 1/1 OF 51'f.110,V So, Pa,Y„ RIC, RL, = OF YfAIo[aX 04 "wff,, b d ma FxhibitA Page 1 PNaW[fgf NK yoAs PLANFgII PIgH IM &d-1 NPr1. R; z 0 S1 s 6 EXHIBIT A 3. Proposed Landscape Plan (dated: 1/25/13) - ---- ------ --- I i4W g�" �MAW ---------- P3 0 ------------- ---------- 1 22 ...... ....... ........ ........ ... ............. ... ... ....... ............. L�O ............. .................... .... ......................... Y. I 1, ZIM, MIM, vw.- ---------atrrsm - Till izr. I ---------- tsY9 Sill. LIA Exhibit A Page 2 EXHIBIT A 4. Site Plan (dated: January 2014) Revolution -2- EH5 ons EN5 MOD D e!^fL;.wUV!�UF! " \\Too' EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Direct lot access to W. Victory Road (except for the emergency access driveway on Lot 4, Block 1) and S. Kentucky Way is prohibited in accord with UDC 11-3A-3. b. The emergency access driveway via W. Victory Road on Lot 4, Block I shall be constructed with the first phase of development. The entrance to the driveway shall be gated with a 20 - foot wide gate with „ rr,,,.x padleek have bollards with a chain between them and shall have a paved 5 -foot wide pathway around the gate bollards for pedestrian access. c. Future development of this site shall be generally consistent with the site plan and conceptual building elevations submitted with this application included in Exhibits AA and A.S. d. The rear or sides of homes on lots that back up to W. Victory Road and S. Kentucky Way shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. e. The Sundall Lateral, which crosses the southwest corner of the site, is rog fired-to-bepiped-in aeeei,a with UDC 11 3A SA unless waived b CityCotuiril allowed to remain open and not be pined as approved by City Council in accord with UDC 11-3A-6A.3b, 1.1.2 The revised preliminary plat included in Exhibit A.2 dated 1/28/14 shall be revised as r lie w is approved. e a. Depict a 20 -foot wide easement for the water main required in Lot 8, Block 3. 1.1.3 The landscape plan included in Exhibit A.3 dated 1/25/13 shall be revised as follows: a. Depict a 20 feetwide gate bollards with a chain between them across the emergency access driveway via W. Victory Road on Lot 4, Block 1 and a 5 -foot wide pathway around the . bollards for pedestrian access. b. Minimum 15 -foot wide conimon lots for micropaths shall be provided to the west between Lots 11 and 12, Block 2 and to the south between Lots 7 and 8, Block 3 and shall be landscaped in accord with the standards listed in UDC 11 -3B -12C. -5- I 1' 1 "". c. If Council approves a waiver to allow the Sundall Lateral to remain open and not be piped and it's not improved as a water amenity, the lateral shall be fenced with an open vision fence at least 6 -feet in height having an 11-guage, 2 -inch mesh or other construction, equivalent in ability to deter access to the lateral in accord with the standards listed in UDC 11 -3A -6B. d. Where bark is proposed within required landscape areas, the area is required to be at least 70% covered with vegetation at maturity in accord with UDC 11-313-5N. e. One tree per 35 lineal feet is required to be planted within the parkway area along W. Victory Road in addition to the landscaping required within the street buffer area. 1.1.4 The developer 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. 1.1.5 The developer shall provide a minimum 10% qualified open space in accord with the standards listed in UDC 11 -3G -3B. 1.1.6 The emergency access driveway via W. Victory Road shall be constructed in accord with Fire Department standards (see condition #4.8 below). 1.1.7 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide exercise stations and a perimeter pathway within Lot 22, Block 2 as proposed in Exhibits A.4 and A. S. 1.1.8 The developer is required to extend a water main through Lot 8, Block 3 to the south boundary of the subdivision for future extension. 1.1.9 The developer is required to construct a minimum 5 -foot wide detached sidewalk off-site on the east side of S. Kentucky Way in lieu of a sidewalk on the west side of S Kentucky Way as determined at the City Council hearing. 1_.1.10 A 6 -foot tall solid temporary fence is required to be constructed across the ri ht -of -way of Rebellion Street and a sign installed on the fence stating the street will be extended in the future. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table I1 -2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to W. Victory Road and S. Kentucky Way is prohibited. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for hi-igafron ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-3B-6 and MCC 9-1-28. 1.2.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -313 -SI. 1.2.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3B - 7C. 6- EXHIBIT A 1.2.10 Construct storm water integration facilities that meet the standards asset forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11-313-7C. 1.2.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.2.13 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. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-3B-5, UDC 11-313-13 and UDC 11-313-14. 1.3.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.3.3 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.3.4 The applicant and/or properly owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surely agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.4 The applicant shall obtain approval for all successive phases of the preliminary plat within two years of the signature of the City Engineer on the previous final plat as set forth in UDC 11 -6B - 7B (if applicable). 1.4.5 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or, 2) gain approval of a time extension as set forth in UDC 11-613-7. EXHIBIT A 1.4.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PU13LIC WORKS DF PARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of terminus to and through the proposed development. Due to limitation of the ability to provide fire flows above elevation 2706.00, development will be limited to the northern portion of the proposed preliminary plat, roughly north of the lots fronting both sides of Riodosa, assuming that Riodosa will be constructed at a finish grade elevation 2706.00 or lower. In this case, Lots 2-4, Block 4, Lots 23-31, Block 2, and all of Block 3 would not be able to be developed until such time that an additional water supply source is available to the south in Pressure Zone 5, and a Pressure Reducing (PRV) station is in place separating the Pressure Zones. 2.1.2 When additional water supply source is available to the south in Pressure Zone 5, and the developer proceeds with development of those lots restricted above, the developer will be responsible for the installation of a Pressure Reducing (PRV) station near the northeast corner of Lot 22, Block 2. The applicant shall provide an easement and install a pressure reducing station vault and conduits for the power lines and telemetry cable. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. The applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. 2.1.3 The terminus of the water main in the Riodosa cul-de-sac shall terminate with a fire hydrant between Lot 14 and the pathway connection. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant 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, 8- EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Sheet signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in MIR EXHIBIT A accordance with the approved design plans. 'Phis certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian huprovement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City, The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns with this application. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (117C) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" 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. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.3 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fie Code Section 304.1.2. -10 4.4 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.5 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. 4.6 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.7 The developer shall install a 10 foot wide gateMth a Knox padloeh bollards with a chain across the emergency access driveway via W. Victory Road on Lot 4, Bloch 1 to restrict access for emergency purposes only. 4.8 The emergency access driveway via W. Victory Road across Lot 4, Bloch 1 shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. The driveway shall be marked in accordance with Appendix D Section D103.6 Signs. 4.9 Parking is only allowed on one side of the streets that are constructed as 42 -foot wide street sections. "No parking" signs shall be installed at regular intervals along the street. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARIcs DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to coordinate mitigation for existing trees on the site that are proposed to be removed, in accord with UDC 11-313-10C.5. 7. ADA COUNTY HyGnwAY DISTRICT 7.1 Site Specific Conditions 7.1.1 Construct a detached 5 -foot wide sidewalk parallel to Victory Road located a minimum of 36 -feet from centerline of the road abutting the site. 7.1.2 Construct a 5 -foot wide detached sidewalk or the west side, OR, of the east side; but not both. AC14D preference is the east side, if approved by the City. If not approved by the City, then west side of Kentucky Way. The sidewalk should be located a minimum of 24 -feet from centerline along Kentucky Way abutting the site. 7.1.3 Provide permanent right-of-way easements for all public sidewalk placed outside of the dedicated right-of-way. The easement shall encompass the entire area between the right-of-way line and 2 - feet behind the back edge of the sidewalk. Sidewalks shall either be located wholly within the public right-of-way or wholly within an easement. 7.1.4 Install "NO PARKING" signs on Kentucky Way if not already there. 7.1.5 Construct Blue Downs Street into the site as a 34 -foot street section with curb, gaffer, and 5 -foot wide concrete sidewalk within 48 -feet of right-of-way. 7.1.6 Construct Rebellion Street and Redup Street, as a 34 -foot street section (back of curb to back of curb) with rolled curb, gutter, and 5 -foot wide sidewalk within 48 -feet of right-of-way. 7.1.7 Construct the internal streets, Revolution, Riot, Riodosa, and Revolt Streets, as 29 -foot street sections with rolled curb, gutter, and 5 -foot wide concrete attached sidewalks within 42 -feet of -11- EXHIBIT A right-of-way. 7.1.8 Provide written approval from the appropriate fire department for the reduced street sections prior to final plat. 7.1.9 Install "NO PARKING" signs on one side of the 29 -foot street sections in accordance with District policy and Fie Department specifications. 7.1.10 Construct 3 cul-de-sacs at the terminus of Riodosa Street, Riot Street and Rebellion Street with a minimum turning radius of 45 -feet. 7.1.11 Construct Rebellion Street as a stub street to the west, between Block I Lots 1 & 2 and Block 2 Lot 1, located approximately 200 -feet south of Victory Road (centerline to centerline). 7.1.12 Construct Redup Street as a stab street to the south, between Block 2 Lots 30 & 31 and Block 3 Lot 1, located approximately 150 -feet east of the west property line. 7.1.13 Construct a 30 -foot wide driveway 250 -feet west of Kentucky Way and 240 -feet east of an existing residential driveway onto Victory Road. 7.1.14 Pave the driveway 21 -feet in width it entire length from Victory Road to Rebellion Street and coordinate with ACRD and the Meridian Fire Department on design and restricting the driveway for emergency purposes only. 7.1.15 Payment of impacts fees are due prior to issuance of a building permit. 7.1.16 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All irrigation facilities shall be relocated outside of the ACHD right-of-way: 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, 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. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 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. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to 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 ACED right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACRD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 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. 12- EXHIBIT A 7.2.9 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. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACRD prior to District approval for occupancy. 7.2.11 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 ACRD. 7.2.12 If the site plan or use should change in the future, ACRD 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. -13- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundaiy LEGAL DESCRlprtoN rOR ANNEXATION A parcel of land located In (lie Northwest 114 of Section 26, Township 3 North, Range 1 West, Bolse Meridian, Ada County, Idaho. Being further described as follows: BASIS OF 13EARINGS: The North line of the Northwest 114 of Section 26, Townslllp 3 North, Range 1 West, Boise Meridien, derived from found monumonls and taken as South 89920'30" East with the distance between monuments found to be 2,640,21 feet. BEGINNING at a point on the North line of the Northwest 114 of Section 26, Township 3 North, Range 1 Was(, Boiso Meridian, from which the Northwest corner of said Section 25 boars North 89620'30" West a distance of 1,620.02 feel; thence along said North line, South 89020'30" East a distance of a distance of 478.19 feet to the centerline of Kentucky Ridge Road; (hears along said centerline the following Ihree(3) courses: South 00928'22" Weal a distance of 191.66 feel; along a curve to the left with a radius of 226.00 feet and a central angfe, of 67044115" an are length of 220.76 foot with a chord bearing of South 28°23'46" East, and a chord distance of 220,16 feel; South 67915'53" East a distance of 66,36 feet; thence leaving sold conteritne, South 32°44'07" West a distance of 50,00 fool; thence South 611'30'10' West a distance of 33.74 feet; thence South 10047118" Wosl a distance of 330.91 feet, thenoe South 00027'48" West a distance of 620.86 foot; thence North 89°23'16" West a distance of 835,02 feet; thence North 00032'33" East a distance of 698,60 feel; thence South 89920'30" East a distance of 300.00 feet; thence North 00°32'33" East a distance of 726,00 feet to the POINT Or BEGINNING, Said parcel conlalnhig 800,381 square foal or 20,39 acres, more or lose. END OF DESCRIPTION Russell E. Badgley, P,I..S, 12450 Timberline Surveying 847 park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 466-5607 -14- EXHIBIT A BASIS Of OC•ARINO S00'20'00°E - 2640.21' 23 24 969'20'30'E , _.. 300'20 90'E.gYO.YD Re 26 t9zo.oz' I �I �I �I I Vl4rORY MOAo SBO°20'00'x•642.00' ?,�. J751149Luriaiv17100081/0 ANNMMON soul 20,Jov-3oD06, 060,301 sq,il. 20.36 as I I �I �I _ cVnn rua� CURVE UIfttlI RADIUS DELTA rNlaNlt _ WORM 1 IIFANaU of 220.7& 2i0AB 0Y'44'10' 126a0' 220.14' JI Dt0.20'40'F. C� ._.- � NBD•23'96"W888.02' 68.30' 30.00' 38,Yq' REVOLUTION RIDGE SUBDIVISION ANNEXATION DISPLAY MAF' SFCTION 26, TOWNSHIP 3 NORTFI, RANGE 1 WEST, ©,M, 15- EXHIBIT A D. Required Fludings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a fid] investigation and shall, at the public hearing, review the application. Br order to grant all annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-4 zoning district and proposes a gross density of 3.2 dwelling units per acre consistent with the FLUM designation of LDR. Therefore, the City Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible.with adjacent residential uses (see section VII above for more information). It. 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 R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. 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 -5B -3.E). The City Council finds annexing this property with an R-4 zoning district 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 City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section PII, of the Staff Report for more information. 1G- EXHIBIT A 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 will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the City Council finds that the subdivision will not require the expenditure of capital improvement finds. d. There is public financial capability of supporting services for the proposed development; Based upon comments from the public service providers (i.e., Police, Fire, ACHD, etc.), the City Council finds there is public financial capability of supporting services for the proposed development. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and City Council The City Council is not aware of any health, safety, or enviromnerrtal problems associated with the platting of this property. ACHD considers road safety issues in their analysis. After consideration of public testimony presented at the hearing, the City Council determined the proposed subdivision should not be detrimental to the public health, safety or general welfare. -17- Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4B PROJECT NUMBER: MDA 14-005 ITEM TITLE: NORTHPOINTE COMMERCIAL Development Agreement for Approval: MDA 14-005 Northpointe Commercial by Blackhawk/Meridian, LLC Located Northwest Corner of W. McMillan Road and N. Linder Road Request: Amend the Recorded Development Agreement (Instr. #103181095) to Remove the Requirement of Obtaining Detailed Conditional Use Permit for the Commercial Lots MEETING NOTES La V i 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13 BOISE IDAHO 05/14114 10:36 AM DEPUTY Che Fowler RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIII Boise CIW 114036592 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Blackhawk/Meridian, LLC, Owner/Developer 3. Capital Educators Federal Credit Union, Owner THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated thisj�- day of /12/¢y , 2014,(Addendum), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Blackhawk/Meridian, LLC, whose address is PO Box 830, Star, Idaho 83669, hereinafter called OWNER/DEVELOPER and Capital Educators Federal Credit Union, whose address is 275 S. Stratford Drive, Meridian, Idaho 83642, hereinafter called OWNER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on a portion of the property 10/24/03 in the real property records of Ada County as Instrument No. 103181095 ("DEVELOPMENT AGREEMENT") B. City and OWNER/DEVELOPER and OWNER now desire to amend the Development Agreement with this Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER and OWNER shall be bound by the terms of the Development Agreement and Addendum, except as specifically to Section 5 and Section 6, amended as follows: S. DEVELOPMENT IN CONDITIONAL USE. Delete entire Section 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPER TY. 6.A Owner/Developer shall develop the Property in accordance with the following special conditions: 34. The proposed office area within the development shall be required to apply for a detailed conditional use permit for a planned development prior to submitting for building permits. 2. OWNER/DEVELOPER and OWNER agree to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de -annexation if the OWNER/DEVELOPER, or their assigns, heirs, or Northpointe Commercial MDA -14-005 Page 1 successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. This Addendum shall be effective as of the date herein above written. 6. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: By: Jaynes W. Durst OWNER: Capital E ators Federal Credit Union By: t-k%Gq k_ L 1�-L 16 _'„'CITY OF MERIDIAN SEAQ. J GCctZ . ^f`f l C ATTEST: /1 4 rnr,as� COI.IM���� 'Yf1i1 G�.C.�, C�tG.vi Ji 4.'b&LL Northpointe Commercial MDA -14-005 Page 2 ay L. Holman, City Clerk Northpointe Commercial MDA -14-005 Page 3 STATE OF IDAHO, ) ): ss County of Ada ) On this � day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Jambs W. Durst, known or identified to me to be the Manager of Blackhawk/Meridian, LLC and acknowledged to me that he executed the same with authority on behalf of said limited liability company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. LE (SF�L) •�OTAR y ; "U130 - `O MO O\�� STATE OF IDAHO, ss County of Ada Notary Public fro Residing at: My Commission On this '76 day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared c a t V; (I , known or identified to me to be the \M of Capital Educators Federal Credit Union and acknowledged to me that he executed the same with authority on behalf of said Credit Union. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public fo Residing at: h My Commission Northpointe Commercial 1,MA-14-005 Page 4 STATE OF IDAHO ) ss County of Ada On this day of MA.4 2014, before me, a Notary Public, personally appeared Ra o e�rd and Jaycee L. Holman, know or identified to me to be the ftCle ,fie pecfively, o e City of Meridian, who executed the instrument of behalf of said I atl� o-wTedged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Mublio for Idaho _I `---) Residing at: Wen n lel l n kq . (AvL1VXn Commission expires: ',an 4 • -)UU Northpointe Commercial MDA -14-005 Page 5 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER C I VIEI�!AI�� llni�= In the Matter of the Request for a Development Agreement Modification to Amend the Existing Development Agreement (Lrstrument #103181095) to Remove the Requirement for Conditional Use Permit Approval Prior to Commencing with Site Development, Located on the Northwest corner of W. McMillan Road and N. Linder Road, by Blackhawk/Meridian, LLC. Case No(s). MDA -14-005 For the City Council Hearing Date of., April 22, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 22, 2014, 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 hnpact 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 -14-005 - 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 development agreement provisions all in the attached staff report for the hearing date of April 22, 2014, incorporated by reference. The provisions 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 development agreement modification for Northpointe Commercial Subdivision is hereby approved per the conditions of approval in the attached staff report for the hearing date of April 22, 2014, 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 the modification (UDC 11-5E-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all patties 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 April 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -14-005 -2- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER day of / t VOTED' VOTED _L_-._. VOTED_ 7-- VOTED VOTED COUNCIL MEMBER GENESIS MILAM VOTEDL(�t0'— U MAYOR TAMMY de WEERD VOTED (TIE BREAKER) _ mor Taipi if de Weerd Attest: Jaycee olman, City Clerk �rs e RollM1r iGf a'�..�5 Copy served upon Applicant, The Planning Departme. Public Works Department and City Attorney. By< C Dated:_ Wco j Ci lerl Mice CITY OF MERIDIAN FINDINGS OF PACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). MDA -14-005 -3- ON". W.11 STAFF REPORT HEARING DATE: April 22, 2014 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner (208)884-5533 SUBJECT: MDA -14-005 — Northpointe Commercial I. SUMMARY DESCRIPTION OF REQUEST . - IDI A TS ItAh'w The applicant, Blackhawk/Meridian, LLC, is requesting to amend the recorded development agreement (DA) (instrument #103181095) approved with the Kelly Creek Subdivision. Currently, the DA requires CUP approval prior to any development occurring on the commercial property. The applicant is requesting to remove this requirement from the DA. See Section VIIAnalysis for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the development agreement modification application as detailed in Section VII of the staff report, The Meridian City Council heard this item on April 22.2014. At he public hearing, the Council approved the subject MDA reau st aummary of City Council Public Hearin I.In favor•: Brian Martens ii. In opposition: None BL Commenting 11'. Written testimony Gerald Martens 31A Staff presenting application: Bill Parcpn Yl. Other staff commenting on annlicatlnne Nn„n * Key Issues of Discussion byCouncil: L Removing the requirement for detail CUP approval does not eliminate the need to obtain approval of a certifiente of Z-011ing compliance and administrative deli n r view application. Key Council Changes to Staff[Commission R commendatio L None III. PROPOSED MOTION Approval After considering all staff, applicant, and public testimony, I move to approve file number MDA -14- 005, as presented in staff report for the hearing date of April 22, 2014, with the following changes: (insert any changes here). I further move to direct Legal Department Staff to prepare a Development Agreement for this site that reflects the changes in the DA as noted in Exhibit A.2. Denial After considering all staff, applicant, and public testimony, I move to deny file number MDA -14-005, as presented during the hearing on April 22, 2014. (You should state why you are denying the request.) Continuance I move to continue file number MDA -14-005 to the hearing date of (insert continued hearing date here) for the following reason(s): (you should state specific reason(s) for continuance) Northpointe Commercial - MDA -14-005 Page 1 EXHIBIT A IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of W. McMillan Road and N. Linder Road in the southeast 1/4 of Section 26, Township 4 North, Range 1 West. B. Applicant/Owner: Blackhaw]/Meridian, LLC 3454 Stone Mountain Lane Star, ID 84092 CapEd 275 S. StratfordDrive Meridian, ID 83642 C. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is a request for a development agreement modification. Per Meridian City Code, a public hearing is required before the City Council on this matter. B. Newspaper notifications published on: March 31, and April 14, 2014 C. Radius notices mailed to properties within 300 feet on: March 25, 2014 D. Applicant posted notice on site by: April 11, 2014 VI. LAND USE A. Existing Land Use(s): The subject property is vacant commercial property, zoned C -G. B. Character of Surrounding Area and Adjacent Land Use and Zoning: The subject property is located on a prominent corner and is surrounded by R-8 zoned residential development on the west and north. C. History of Previous Actions: In 2003, the property received annexation (AZ -03-013), preliminary plat (PP -03-014) and conditional use permit (CUP -03-028) for Kelly Creels Subdivision. The preliminary plat consisted of 214 residential lots, 10 office lots and 4 commercial lots and 15 common lots on 79.77 acres. In addition, the planned unit development (CUP) allowed a 20 percent use exception for office and commercial uses. A development agreement was also required upon annexation of the property recorded as instrument 4103181095. A provision of the DA requires CUP approval prior to any development occurring on the site. In 2007, the property received final plat (FP -07-035) approval known as Kelly Creels Commercial Subdivision (recorded as Northpointe Commercial Subdivision). The final plat consists of four (4) commercial lots on 4.91 acres. In 2011, Lot 4, Block 1 of Northpointe Commercial Subdivision received conditional use permit (CUP -11-006) approval to develop a credit union with drive-through. In 2012, this lot was also further subdivided into two (2) commercial lots through a short plat (SHP-12-001). In 2013, a certificate of zoning compliance was issued for the construction of the credit union. Currently, the credit union is under construction and the applicant wishes to commence with site development to the west in conjunction with the credit union construction. Per the recorded DA, construction cannot commence until the property receives CUP approval. VII. STAFF ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Northpointe Commercial - MDA -14-005 Page 2 EXHIBIT A The applicant proposes an amendment to the existing development agreement (DA) (Instrument No. 103181095) approved with the Felly Creels Subdivision. At the time of the Felly Creek approvals the City did not have a well-established design review process. Because there were no design standards in effect when this property was annexed, the recorded DA requires a CUP for the approval of the site and buildings to ensure a quality commercial development. Under today's regulations all commercial developments require design review approval which addresses site development and building architecture. Therefore, it is staff's opinion that the City has the necessary tools in place to adequately review development of the commercial property without the need for detailed CUP approval. It is important to note that all uses within the C -G district are allowed to development on the property. If the City Council approves the amendment to remove the requirement for detailed CUP approval, the applicant is still responsible to follow the process for establishing the use on the property in accord with the Chapter 2 District Regulations for the C -G district. Due to the fact that the credit union (tinder construction) has a drive through and the property is within 300 feet of a residential zoning district, any additional drive through uses on this site will require CUP approval. Based on the analysis above, staff recommends approval of the development agreement modification with the recommended modifications in Exhibit A.2. VIH. EXHIBITS A. Maps/Other 1. Vicinity/Zoning Map 2. Proposed Development Agreement Modifications Northpointe Commercial - MDA -14-005 Page 3 EXHIBIT A Exhibit A.1— Vicinity/Zoning Map 0 0.075 0.15. Vicinity Map Miles Paint Date: 4115/2014 Northpointe Commercial - MDA -14-005 Page 4 EXHIBIT A Exhibit A.2 — Recommended Development Agreement Modifications 1. Omit Section 5. 2. Section 6: DA Provision #34 — The proposed office find eommerciel areas within the development shall be required to apply for a detailed conditional use permit for a planned development prior to submitting for building permits. Northpointe Commercial - MDA -14-005 Page 5 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4C PROJECT NUMBER: RZ 14-002 ITEM TITLE: REARDON SUBDIVISION Development Agreement for Approval: RZ 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Way Request: Rezone Approximately 2.20 Acres from the R-4 (Medium -Low Density Residential) Zoning District to the R-8 (Medium -Density Residential) 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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 37 BOISE IDAHO 05114/14 10:36 AM DEPUTY Che Fowler RECORDED -REQUEST OF IIII�II�III�I�III�I�II�I�III�II�II�II Boise City 114036596 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. CS2, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into thisJ,"�) day of U 0,4 , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and CS2, LLC, whose address is 8921 W. Hackamore Street, Boise, Idaho 83703, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for re -zoning of 2.20 acres described in Exhibit "A", requesting a designation of R-8 (Medium Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the subject Property held before the Planning & Zoning DEVELOPMENT AGREEMENT - REARDON SUBDIVISION (RZ 14-002) PAGE 1 OF 8 Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 6'" day of May, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B'; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers CS2, LLC, whose address is 8921 W. Hackamore Street, Boise, Idaho 83703, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. DEVELOPMENT AGREEMENT-REARDON SUBDIVISION (RZ 14-002) PAGE 2 OF 8 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential District (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A of the Staff Report attached hereto in the Findings as Exhibit B. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face W. Cherry Lane (Lots 3-6, Block 1). 5.1.2 A maximum of ten (10) single family detached homes shall be constructed on the site. 5.1.3 Access is prohibited to W. Cherry Lane in accord with UDC 11-3A-3. Prior to City Engineer's signature on a final plat, the Owner/Developer shall remove the existing roadway (extending from the far edge of the dedicated right-of-way to Cherry Lane), the driveway approach and extend the 25 -foot wide landscape buffer to the west boundary. 5.1.4 The Owner/Developer shall maintain a driveway access to parcel #S1210212530 through Lot 1, Block 2. With the submittal of the final plat application the Owner/Developer shall provide the following: 1. Recorded documentation verifying the relinquishment of the 30 -foot wide private road easement; and 2. Recorded documentation that identifies the responsible party for the maintenance and ownership of the private driveway on Lot 1, Block 2. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENT AGREEMENT -REARDON SUBDIVISION (RZ 14-002) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written DEVELOPMENT AGREEMENT - REARDON SUBDIVISION (RZ 14-002) PAGE 4 OF 8 approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: CS2, LLC 8921 W. Hackamore Street Boise, ID 83703 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. DEVELOPMENT AGREEMENT- REARDON SUBDIVISION (RZ 14-002) PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the DEVELOPMENT AGREEMENT- REARDON SUBDIVISION (RZ 14-002) PAGE 6 or 8 notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: CS2,LLC r By: CITY OF MERIDIAN By: L C G r -A %LS/0.�-�N ATTEST: 0j EP _ � cq, �F Jaycee 1(olman, City Clerk sy SEAL ��- DEVELOPMENT AGREEMENT- REARDON SUBDIVISION (RZ 14-002) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this ff— day of I l/A.1/' 12014, eforeme, the undersigned, a Notary Public in and for said State personally appeared U C117rLuAk.,�-) known or identified to me to be the of CS2, LILC, and acknowledged to me that he executed the same on behalf of said Limited Liability Company. IN WITNESS WHEREOF, I have her and year in this certificate first above written pE78L1 OP STATE OF IDAHO ) ss County of Ada Notary Public �for' vIdaho Residing at:(r My Commission Exprre he day On this day of "& 2014, before me, a Notary Public, personally appeared imt `�o eerei• and aycee L. Holman, know or identified to me to be the Ve andSlerk, re ectively, oty of Meridian, who executed the instrument or the person thecute�'tlie ms rument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) • o• —No Public fo lr d oah Residing at: Pe 1r1Ot 1 a-" 1z) Commission expires: Q �a v-1 DEVELOPMENT AGREEMENT - REARDON SUBDIVISION (RZ 14-002) PAGE 8 OF 8 CITY , MERIDIAN E FINDINGS OF FACT, CONCLUSIONS OF LAW lv AND DECISION & ORDER Ln the Matter of the Request to Rezone 2.20 Acres of Land with the R-8 Zoning District; Preliminary Plat Consisting of 10 Residential Building Lots and 4 Common/Other Lots on 1.96 Acres of Land; and Vacate the Existing Private Drain Field Easement and Plat Note #6 of Hearthstone Subdivision, Located near the Southwest Corner of W. Cherry Lane and N. Summertree Way, by CS2, LLC. Case No(s). RZ-14-002; PP -14-003; and VAC -14-002 For the City Council Hearing Date of: April 22, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the ]tearing date of April 22, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 22, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the heating date of April 22, 2014, 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 talces judicial notice of its Unified Development Code codified at Title I I 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). RG14-002; PP -14-003; & VAC -14-002 -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 Division, 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 April 22, 2014, 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 with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of April 22, 2014, attached as Exhibit A. 2. The applicant's request for preliminary plat and vacation is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of April 22, 2014, 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 manner, and conforms substantially to the approved prelininary 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 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 2- 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 talce notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code, F. Attached: Staff Report for the hearing date of April 22, 2014 CITY OF MERIDIAN FINDINGS OP FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -3- By action of the City Council at its regular meeting held on the 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER COUNCIL MEMBER GENESIS MILAM MAYOR TAMMY de WEIRD (TIE BREAKER) f Mayor Tay e Weerd ir� day of, f VOTED. UQlh_ VOTED�Ij L� VOTED—j]�— VOTED l d � 4 VOTED `— VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. j l Go&QOµpK DAUOUST' Dated: P (ate a• I2, Ci Cl rc's ffice cayof 1"E IDIAN& n� SEJU T1P4.,P "'A, � CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-002; PP -14-003; & VAC -14-002 -4. EXHIBIT A STAFF REPORT Hearing Date: April 22, 2014 TO: Mayor and City Council E IDIA1oT FROM: Bill Parsons, Associate City Planner 1 A W O (208)884-5533 Bruce Frecldeton, Development Services Manager (208)887-2211 SUBJECT: Reardon—RZ 14-002, PP -14-003 and VAC -14-002 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, CS2, LLC, has applied to rezone (RZ) 2.20 acres of land with an R-8 zoning district; preliminary plat (PP) ten (10) single-family residential lots and four (4) common lots on approximately 1.96 acres of land; and vacate the existing private drain field easement and associated plat note (#6) platted with the Hearthstone Subdivision. See Section 9 of the staff reportfor more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed rezone, preliminary plat and vacation applications with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Plannine and Zonine Commission heard these items on March 20.2014. At the public hearing, the Commission moved to recommend approval of the snbiect RZ and PP req nests. a. Summary of Commission Public Hearing: I. In favor: Bob Unger ii. In opposition: None iii. Commenting: Margie Lane, Tammy Turpin, Sarah Curtright, Arleen Russell iv. Written testimony: Tammy Turpin v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Cherry Lane access. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None a,Summary of City Council Public Hearing: L In favor: Bob Unger iL In opposition: Marna Campbell, Kendra Anderson, Arlene Russell. Beverly and Bill R -am UCommenting: Margie Lane iv, Written testimony: Tammy Turpin L Staff presenting application: Bill Parsons Reardon RZ, PP & VAC PAGE 1 EXHIBIT A YL Other staff commenting on annlicatlon• None Zev Issues of Discussion by Council: L Cherry Lane access 1L Orientation of Lots 6 and 7. Block 2. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve Numbers RZ-14-002 PP -14-003 and VAC -14-002 as presented in staff report for the hearing date of April 22, 2014 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-14-002, PP -14-003 and VAC -14-002 as presented in staff report for the hearing date of April 22, 2014 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers RZ-14-002, PP -14-003 and VAC -14-002 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: (Parcel #R3531730020) The site is generally located near the southwest corner of W. Cherry Lane and N. Summertree Way in the NW %4 of Section 10, T.3N., R.1W. b. Applicant: CS2, LLC 8921 W. Hackamore Street Boise, ID 83703 c. Owner: DL Evans Bank 2560 E. Fairview Avenue Meridian, ID 83642 d. Representative: Bob Unger, ULC Management (861-5220) e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for a rezone, preliminary plat and vacation. A public hearing is required before the Planning and Zoning Cormnission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); March 31 and April 14, 2014 (Council) Reardon RZ, PP & VAC PAGE 2 MrsI YRI c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 25, 2014 (Council) d. Applicant posted notice on site by: March 10, 2014 (Commission); April 11, 2014 (Council) 6. LAND USE a. Existing Land Use(s): The subject site is vacant property developed with an existing private road that provides a Cherry Lane access to the Ada County parcel on the south boundary. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: The surrounding area is developed with County and City residences, zoned Rland R2 in Ada County and R-4 and R-8 in the City. c. History of Previous Actions: • In 2001, the property received annexation and combined preliminary/final plat approval (AZ - 01 -026 and PFP-01-009) to develop a residential subdivision (Hearthstone) consisting of two (2) residential lots on approximately 2.30 acres in the R-4 district. • In 2007, the City approved a new preliminary plat (Moose Creek) (PP -07-006) consisting of six (6) residential lots and one (1) common lot on 1.96 acres. The preliminary plat has expired because the previous developer failed to obtain City approval of a time extension. • hi 2013, the PlanningDivision recommended approval of a rezone and preliminary plat application (Summertree) (RZ-13-014 and PP -13-035) however; the applicant withdrew the application prior to the Commission hearing. d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Summertree Way. Location of water: A water main intended to provide service to the subject property currently exists in N. Summertree Way. Issues or concerns: None e. Physical Features: 1. Canals/Ditches hrigation: No major facilities. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive plan anticipates densities between 3 to 8 dwelling units per acre. The proposed preliminary plat depicts ten (10) single-family detached residential lots on 1.96 acres of land at a gross density of 5.10 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to rezone the property from the R-4 zoning district to the R-8 zoning district. The medium residential district (R-8) allows a maximum density of 8 Reardon RZ, PP & VAC PAGE 3 EXHIBIT A dwelling units to the acre which falls within the parameters of the MDR designation of the comprehensive plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): • "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.0113) The proposed nredhnu density residential development will contribute to the variely of residential densities in this area of the City, which currently consists of a rnix of medium -loin and inedinnr density residential developments, • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) The proposed development is annexed into the city and services are available to be extended to the site a pon development in accord with UDC 11-3A-21.Curently this property is encumbered by an existingprivate drain field easementfor the benefit of Lot 1, Block I of Hearthstone Subdivision. The applicant has obtained consent fronn the homeowner on this lot to vacate the easement and once the vacation process is completed the applicant will be responsible for connecting the existing home to City services. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.021) The subjectproperty is surrounded byproperties developed at urban densities ander the density of the proposed residential development However, the proposed development will consist ofsimgle fancily detached hones consisterntvvith the surrounding developments. Because the property is adjacent to several underdeveloped connntyproperties, staff anticipates redevelopment of theses parcels -in the faitaure. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) With the development of the subdivision, the applicant is proposing to construct a sinall segment of local street (W. Aspen Creek Drive) to serve the proposed development and stubs to the Countyparcel on the west boundary. Currently, the southern Countyparcel has access to Cherny Lane via a prescriptive access easement (private street) which is shown to remain with the development of the subdivision. ACHD and City staff are recommending the access close with the development of the subdivision. Ae applicant is also proposing a 20 foot wide cross access easement across the common lot on the north side of W. Aspen Creels Drive to facilitate local street access to the existing home. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." (3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage andfencing ora the site. • "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)." (3.06.02F) Reardon RZ, PP & VAC PAGE 4 M94-MMIMMI A 25 foot wide street buffer is required adjacent to W. Cherry Lane in accord with the standards listed in UDC 11 -3B -7C. After considering all of these factors staff is of the opinion that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-8): The propose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 25 -foot wide landscape buffer is required to comply with the design standards in accord with UDC 11 -3B -7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Rezone (RZ): The applicant has applied to rezone 2.20 acres of land from the R-4 zone to the R- 8 zone to develop ten (10) single family detached homes. The rezone is desired to allow the applicant to construct patio homes within the dimensional standards of the R-8 zoning district. To ensure the site develops as proposed, staff recommends the applicant enter into a development agreement with the City. Preliminary Plat (PP): The proposed preliminary plat consists of ten (10) single family residential lots and four (4) common lots on approximately 1.96 acres of land in the R-8 zoning district. Lot sizes range between 5,189 and 6,051 square feet respectively. The average lot size within the proposed subdivision is 5,675 square feet. The proposed gross density of the subdivision is 5.10 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a minimum lot size of 5,000 square feet with 50 feet of street frontage. All of the proposed lots comply with the dimensional standards of the UDC. The submitted plat depicts two (2) access lots on the west boundary of the plat. As submitted, these lots are proposed to maintain the Cherry Lane access to the Ada County parcel to the south. Staff is supportive of the private driveway remaining on Lot 1, Block 2 for the benefit of the County parcel because it provides a local street access in accord with UDC 11-3A-3. Because this is a private driveway for the benefit of the southern property, staff recommends the applicant plat a 5 -foot wide common lot along the west boundary of Lot 2, Block 2 to prohibit access to the private driveway (UDC 11 -6C -3D5). This common lot must be maintained the subdivision homeowner's association. The applicant will have to coordinate with the property owner of the Reardon RZ, PP & VAC PAGE 5 EXHIBIT A southern Ada County parcel on the maintenance and ownership of Lot 1, Block 2. With the final plat application, the applicant must provide written documentation that identifies the responsible patty for maintaining and owning the private driveway. The other access lot (Lot 2, Block 1) should be incorporated into the adjacent buildable lot (Lot 3, Block 1) and the 25 -foot wide landscape buffer extended to the west boundary of the property to prohibit access to Cherry Lane. Access: Access to this development is proposed from the extension of W. Aspen Creek Street via N. Suinmertree Way. Currently, the property is developed with a private street approved through the County for the purpose of providing access to the Ada County parcel to the south. UDC 1I - 3A -3 restricts access to arterial streets when local street access is being provided. ACRD and staff are recommending the access close with the development of the subdivision. As noted above, staff recommends the applicant remove Lot 2, Block 1 from the plat and incorporate this lot with the adjacent buildable lot (Lot 3, Block 1) to facilitate the closure of the Cherry Lane access. With the closure of the access, the applicant should be responsible for removing the existing roadway from the property and extending the 25 -foot wide landscape buffer to the west boundary of the subdivision. Further, the applicant will be responsible for coordinating with the property owner to the south on the relinquishment of the private road easement. With the submittal of the final plat application, the applicant must submit recorded documents verifying relinquishment of the private street easement. In discussions with ACED staff, the applicant will also be responsible for providing a temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord with ACED standards. With the modifications noted above, staff is supportive of the proposed street connectivity. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A3, A 25 -foot wide landscape buffer is required to be installed along the entire frontage of W. Cherry Lane in accord with UDC 11 -3B -7C. In addition to the landscape buffer, the applicant is also proposing a common lot (Lot 7, Block 1) along the north side of W. Aspen Creek Drive. This lot will be landscaped in accord with UDC 11 -3B -7C and will contain the pressurized irrigation pump. The landscape plan as submitted complies with the standards set forth in UDC 11 -3B -7C. As noted above, this lot will also contain the 20 -foot wide cross access easement to facilitate local street access to the adjacent northern property. The applicant must include a note on the final plat that states the property to north is beneficiary of the cross access easement. With the submittal of the final plat application, the applicant must submit a landscape prepared by a landscape architect, landscape designer or qualified nurseryman in accord with UDC 11-313-3C. Open Space and Site Amenities: Because this site is below 5 acres in size, the UDC (11-3G-3) does not require open space or site amenities to be provided. Existing Trees: The subject property contains numerous mature trees that will remain and /or will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for a]I existing healthy trees 4 -inch caliper or greater that are removed from the site. With the submittal of the final plat the applicant should submit a revised landscape plait that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant has not proposed any fencing with the su8bject application. The proposed fencing complies with the City's fence regulations set forth in UDC 11-3A-7. Reardon RZ, PP & VAC PAGE 6 Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize 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. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with IIDC 11-3A-15 and MCC 9-1-28. Vacation: As mentioned above, this property received plat approval in 2001 (Hearthstone Subdivision), At that time, City sewer, was not available to serve the proposed development. The previous owner was allowed to use an existing well and septic system until City services were available. Because of the existing private system, the drain field for the existing home on the east boundary is located on the subject property. A note (#6) and a graphic depiction of the drain field easement are depicted on the face of the plat. The applicant has obtained consent from property owner granting the relinquishment of the private drain field easement. With the application submittal, the applicant supplied a signed agreement between the developer and the homeowner Oil the timing of the utility connections. With the termination of the private drain field, the applicant must connect the existing home on Lot 1, Block 1 of the Hearthstone Subdivision to City sewer and water prior to signature on the final plat. Building Elevations: The applicant has submitted sample elevations to depict the style of homes for the proposed subdivision. The proposed homes depict a mix of building materials (lap siding, and cedar shake siding) and stone/brick wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered entries and front porches. Typically, single family homes are not required to obtain design review approval, however the Meridian Design Manual encourages similar building materials and mix of materials be incorporated into all sides of the future homes, specifically, for those facades that face a public street. The applicant should keep this in mind when designing homes adjacent to W. Cherry Lane (Lots 3, 5 and 6, Block 1). Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4 below. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to W. Cherry Lane as described above to ensure conformance with these design features. In summary, Staff recommends approval of the proposed rezone, preliminary plat and vacation with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 03/10/14) RE( VISED) 3. Proposed Landscape Plan (dated: 01/23/14) 4. Proposed Building Elevations 5. Drain Field Easement Proposed to be Vacated B. Conditions of Approval 1. PlarmingDivision 2. Public Works Department Reardon RZ, PP & VAC PAGE 7 La A 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County F3igbway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Reardon RZ, PP & VAC PAGE 8 EXHIBIT A 2. Proposed Preliminary Plat (dated: 03/10/14)REVISED) Reardon RZ, PP & VAC PAGE 9 W. CHERRY LANE PHEU-MINARY PLAT SHOVING OOMyOpnAR06CAI,O, 5,670 3fREARDON SUBDIVISION A RE-SI-NDn'ISION OF LOT 2, RLH I, ~-----riw so " HEABTHSQYE SUBDIASION W, ICK i i - LOCATED IN SECTION 10, T.3N., R.M., B.M. ! e d ADA COUNTY, IDAHO 2 a ^`— "^ mho>lua 2014 3 4 5 I I 7 l9 N tY� nmw pO µ 1 3H y ® Mnl[inVVAI M-- -..... q O N N i c•mnu � B WSIn HNf Y{Y dMUM ,0 4j �Jj, Caa'g`�,e V.m PfLL Sin[ ]IYLY [f.311Y— F14 Upfi/iG 1!1 nl - 1N11 bSV P.R-�-x..01' Ki[S 9• n I - i� µµ i Pa' 10 � ,� 11Ql I.W RY IILi y1 P-] M i Oa JI IJ' E 08 I araes;� s n nr tea: NAYI �I.. V�yyNNON Iu,ry ,' p 4� I,0lJ st rart ]r• p. Or M —A Ir PENCREVL ____T-. 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Proposed Landscape Plan (dated: 01/23/14) 1 MAST PLAN SHOWING RFARDON SUBDIVISION i A RE—SUDDIVIS1061 OF LOT 7, DLK 1t HEARTHS014E SUBDIVISION $ LOCATED IN SECTION 10, T.3`I, R IW., q7 ADA COUNTY, IDAHO 2014 [gly"J, v n.i rrn rnnxl rt nxr I Anel. ._..__...._..• I.f6CAP15 sWerrvsr Aas..... _...._ A , 011 4 !A IT _ INIc/n4 NLG S _ IAfAC! b'O ,I.���sVelwn�mx,l�gwt al tlN w!!r ac�wrx i+'4'nv .T n>w. aw %p Kms; a° ww_z �,Pw °,% WeOl M-1 ...�� w I.I. III W. CHERRY LANE I I 'i0.0o' .I��...-..-..:......._ I .. x,LO .... %i'::,:j$::::i:: _ _ Ol , I I ; II I II ; II i HL CA I 1 IL _ .- L_-- 1 -,... -__..I __ I I i i I w va I w 1 of ymii'ru,c I MAIN Ij CEPIM10 41IFELO EASEAIOIT TIIR LOT 1 TO Ofl D I=.4 S_x .. .. r .I ..- - 1 I 1 Q � I I 1 FI �. gyf;�; a➢yi�.t 11161.Y �I W. ASPENCREEI< DRIVE s Ya iti 3G' L TA I 61 I � tv A'EI. clD l: WRY VIiL EUIE NANO, pull wloxxlxllNxa,m.. REASON SUBWASION nl_f1t0 TA, 3L!-,51_4,91 CS 21 IT 1. PIIEUVIMOY L. S. PLAN Reardon RZ, PP & VAC PAGE 10 , I I ; II I II ; II i ; I 1 IL _ .- L_-- 1 -,... -__..I s Ya iti 3G' L TA I 61 I � tv A'EI. clD l: WRY VIiL EUIE NANO, pull wloxxlxllNxa,m.. REASON SUBWASION nl_f1t0 TA, 3L!-,51_4,91 CS 21 IT 1. PIIEUVIMOY L. S. PLAN Reardon RZ, PP & VAC PAGE 10 1104SOI1911II_1 4. Building Elevations Reardon RZ, PP & VAC PAGE 11 . s. i s. i o` 146 —r -W.1 5. Drain Field Easement Proposed to be Vacated �,1�1�1I �¢�ff �p gPLAATT SSHHOOYAN6 q�+fp� @pqp 3WEAR IN'TTO IR Ddu ®][BrB01m LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T.3N., ROW. B.M., MERIDIAN, ADA COUNTY, IDAHO 2003 • HUBBLE ENONEERIND, INC., MERIDIAN. IDAHO W40 ei f 0Q,A NE6T OHFAAY LANE .P idY p BASS W 6F/f 0 B 10 131. 0.1YeS. .! AI 1 f YFn' 1a.9 10 l"Y I E Neyl I Rasa uaa tin AOM I Q I I I I 6 BLTE IQ E AP.81 ulnurrtf am Iw.easv �ao WAX, f = 4V q �row.sw a m:F.,v,nrnnf.m now, "EiRAY2fL.'.°L'Y:•6N.1}76:: °•"�.:,w>,-nae,. WA wEkT915�'.eF:LAFu.......,x Reardon RZ, PP & VAC PAGE 13 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Rezone 1.1.1 A Development Agreement (DA) is required as a provision of the rezone of this property. Prior to the rezone ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of rezone ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the rezone. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Future homes constructed on this site shall substantially comply with the building elevations in Exhibit A. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face W. Chevy Lane (Lots 3-6, Block 1). b. A maximum of ten (10) single family detached homes shall be constructed on the site. 1.2 1.2.1 c. Access is prohibited to W. Cherry Lane in accord with UDC 11-3A-3. Prior to City Engineer's signature on a final plat, the applicant shall remove the existing roadway (extending from the far edge of the dedicated right-of-way to Cherry Lane), the driveway approach and extend the 25 -foot wide landscape buffer to the west boundary. d. The applicant shall maintain a driveway access to parcel # 51210212530 through Lot 1, Block 2. With the submittal of the final plat application the applicant shall provide the following: 1. recorded documentation verifying the relinquishment of the 30 -foot wide private road easement and; 2. recorded documentation that identifies the responsible party for the maintenance and ownership of the private driveway on Lot 1, Block 2. Preliminary Plat - Site Specific Conditions of Approval The preliminary plat, dated 01/23/14, shall be revised as follows: a. Provide a 5 -foot wide common lot along the west boundary of the Lot 2, Block 2 to prohibit access to the existing private driveway. Include a note on the foal plat that states Lot 1, Block 2 is a non -buildable lot for the benefit of ingress/egress for parcel #S 1210212530. With the submittal of the final plat application, the applicant shall provide recorded documentation that identifies the responsible party for the maintenance and ownership of the private driveway on Lot 1, Block 2. b. Provide a stub street to Parcel #S 1210212720 as proposed. The applicant shall construct a temporary turnaround at the terminus of the local street (W. Aspen Creek Drive) in accord with ACED standards. c. Tho .. ti fi- «4 ..1...11. e bat2. Bloo . t F.,,.« Fhe pjat and : ...+,,ah:.. Ls .._ pa -Ft, AAA— �« rz., it -ts 1 ,.«a z nh rk 1) - - - - d. A cross-access/ingress-egress easement shall be granted to the property to the north (parcel #R3531730010) through Lot 7, Block I as proposed. A recorded copy of the easement shall be submitted with the final plat application or a note added to the face of the plat that Reardon RZ, PP & VAC PAGE 14 EXHIBIT A references the recorded cross access agreement. e. At the time of final plat submittal, the applicant shall orient Lots 6 and 7. Block 2 on W. Aspen Creek Drive The future homes constructed on these lots shall access from W. Aspen Creel, Drive. 1.2.2 The landscape plan, dated 01/23/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a detailed fence plan with the final plat application. b. Construct a 25 -foot wide landscape buffer along the entire frontage of W. Cherry Lane. c. Construct Common Lot 7, Block 1 as proposed. d. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. e. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. f All common open space shall be maintained by a home owner's association asset forth in UDC 11 -3G -3F1. 1.2.3 With the submittal of a final plat application, the applicant shall provide recorded documentation verifying the relinquishment of the 30 -foot wide private road easement. 1.2.4 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.5 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the side and rear facades that face W. Cherry Lane (Lots 3-6, Block 1). The future building restriction form shall note compliance with the approved building elevations. 1.2.6 With the termination of the private drain field, the applicant shall connect the existing home on Lot 1, Block 1 of the Hearthstone Subdivision to City sewer and water prior to signature on the final plat. 1.2.7 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.3.5 Comply with all subdivision design and improvement standards asset forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. Reardon RZ, PP & VAC PAGE 15 EXHIBIT A 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3 C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11 -6B -3C2. 1.4.3 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. 1.4.4 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site (AZ -01-026 and PFP-01-009). Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 2. PUBLIC WORKS DEPARTMENT 2.1 General Conditions of Approval 2.1.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.1.2 Per Meridian City Code, the applicant shall be responsible to install sewer and water mains to and through this development. 2.1.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms, The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXIIIBIT 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. 2.1.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point Reardon RZ, PP & VAC PAGE 16 EXHIBIT A connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.1.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.1.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.1.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.1.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 2.1.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.1.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.1.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.1.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.1.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.1.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.1.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.1.16 All grading of the site shall be performed in conformance with MCC 11-12-311. 2.1.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.1.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.1.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district Reardon RZ, PP & VAC PAGE 17 LOO U 101 or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.1.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.1.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Sheet lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.1.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.1.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two yeats. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. FIRE DEPARTMENT 3.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department. a. Fire Hydrants shall have the 4 %" 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. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 3.2 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 3.3 All entrance and internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius. 3.4 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. 3.5 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 Reardon RZ, PP & VAC PAGE 18 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 D103.61 and D103.6.2. 3.6 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fite Code Section 304.1.2. 3.7 Fire lanes, streets and structures including the canopy height of mature trees shall have a vertical clearance of 13'6" as set forth in International Fire Code Section 503.2.1. 3.8 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKSDEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1 Vacate the private road/access easement prior to plans acceptance or signature on the first final plat. 7.2 Close the existing driveway onto Chem Lane {private road/access easeuentl with vertical curb. gutter. and 7 -foot wide attached concrete sidewalks to matchthe existing improvements on either side. 7.3 Correct deficiencies and replace deteriorated facilities on Cherry Lane abutting the site. These include sidewalk, curb, gutter, driveways, pedestrian ramps. etc 7.4 Construct a 5 -foot wide attached concrete sidewalk on Summertree Wav abutting the site, a proopo 7.5 Construct pedestrian ramps to be ADA compliant at the intersection of Summertree Wav and Asuencreek Drive abutting the site on both sides 7.6 Construct Asuencreek Drive as a 34 -foot street sections with vertical curb. Rutter and 5 -foot wide proposed reduced local street section. 7.7 Construct a cul-de-sac turnaround at the terminus of Asuencreek Drive. as nronosed. The cul-de- sac must have a minimum radius of 45 -feat 7.8 Install a sign at the terminus of the stub street. Apsencreek Drive. stating 'THIS ROAD WILL BE EXTENDED 1N THE FUTURE". 7.9 Construct one driveway onto the 58.30 -foot wide driveway onto the cul-de-sac huuarouud at the terminus of Asuencreek Drive as proposed. Pave the driveway its full width at least 30 -feet into tl a site beyond the edge of pavement of As encreek Dri e. 7.10 Direct lot access is prohibited to Chenv Lane and shall be noted on the final pita Reardon RZ, PP & VAC PAGE 19 EXHIBIT A 7.11 Payment of impacts fees are due prior to issuance of a building Hermit. 7.12 Comply with all Standard Conditions of Approval 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside oft! ec-way. 7.2.2 Private. sewer or water systems are prohibited from being located within a" ACIID roadway or A91-1t--0f--W—ay- 7.2.3 All utilitv relocation costs associated with unmoving street frontages abutting the site shall be 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may damaged during the construction of the Droposed development Contact Construction Services at 38746280 (with file number) for details 7.2.5 A license aereement and compliance with the District's Tree Planter noliev is required for all 7.2.6 Utility street cuts in pavement Less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy 7.2.8 State of Idabo shall prepare and certify all imp ov_ement plans, Disabilities Act (ADA) recrtiiements The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review, 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Higbway District prior to District approval fat• occupancy. 7.2.10 7.2.11 7.2.12 prior to breaking ground within ACED right-of-wayThe applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACED conduits (snare or filled) are compromised during any Abase of construction representative~ of the Ada Couutlt Highway District The burden shall be upon the applicant to obtain written confirmation of any change fi•om the Ada County Highway District change by the applicant in the nla ped use of the ronerty which is the subject of this application the ACHD Commission. Reardon RZ, PP & VAC PAGE 20 C. Legal Description and Exhibit Map EXHIBIT A DESCRIPTION FOR PROPOSED REARDON SUBDIVISION REZONE Febrmory 18, 2014 A PARCEL OF LAND BEING LM, OLOCI(1 HEARTHSTONE SUBDIVISION AS RECORDED IN 9001(86, PAGE 9650, ADA COUNTY RECORDERS AND APORTION OF THE ADJACENT RIGHT OF WAV OF WEST CHERRY LANE, LDCATED IN THE NE y OF THE NW Y IN SECTION 10, TOWNSHIPS NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN, MERIDIAN, ADA COUNTY IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T.3 N.; R.1 W., B.M.; THENCE 3 89640'23"E 1651.05 FEETIALONG TOE ,NORTH LINE OF SAID SECTION 10TO THE INTERSECTION OF SAID NORTH LINE AND THE WEST LINE OF HEARTHSTONE SUBDIVISION EMENDED, THE REAL POINT OF BEGINNING OF THIS DESCRIPTION; THENCE S 89°40'23" E 228AS FEET ALONG THE SAID NORTH LINE TO A POINT; THENCE S 01°06'06" W 148.39 FEET ALONG THE BOUNDARY OF LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION EXTENDED TO A POINT; ALONG THE BOUNDARY OF SAID LOT 2 THE FOLLOWING; THENCE S 03°58'46" E 80.50 FEET TO A POINT; THENCE 89037'13" E 106.31 FEET TO A POINT, THENCE SOD°15'53"W 165.92 FEETTOTHE SOUTHEAST CORNER OFSAID LOT 2; - THENCE N 89°36'30" W 332.64 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2, THENCE N 00°06'09" W 344.44 FEET ALONG THE WEST LINE OF SAIDLOT BLOCK 1 EHTENDED TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 2,20 ACRES, MORE OR LESS, Reardon RZ, PP & VAC PAGE 20 NOTES 1. ALL 11EARIN05 AND pISTANCES ARE CALCULATED PER PIAT OF -HEARTHSTONE SUBDIVISION. RECORDED IN 11K. 08 PG. D65O ADA COUNTY RECORDERS, 2. EXISTING ZONE R-4, PROPOSED R -D. EXHIBIT A EXHIBIT N. 1"=606 LEGEND oh MFASURVAENT POINP .m ® REZONE BOUNDARY SUMMON BOUNDARY - — — — -- - EASENMENr LINE R.P.os, WEST CHERRY .LANE S 110'41'01" E334.511' o —�— 227.81' 107.1 I � 1 LOT I Al MOT A PART 70 1 LAT 2� ®LOCK I REZONE AREA I 332.04!. 40,30 t UNPLATMO 3 LOT 2, BLOCK I OF WFARTHSi'ONE SUBDIVISION, Lamb IN THE NE 1/4 OF ME NW 1/4 OF MOTION 10, T.SN., A.1W., B'x, MEHIDIAN, ADS COUNWO IDAHO Reardon RZ, PP & VAC PAGE 21 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, 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 2.20 acres to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this property. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral and written testimony that was provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The Council finds rezoning this property with an R-8 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: Iu 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 are 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 development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Reardon RZ, PP & VAC PAGE 22 EXHIBIT A Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACRD, 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. ACRD considers road safety issues in their analysis. The Council considered all the facts, analysis and any public testimony presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems. 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 Council may consider 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. Reardon RZ, PP & VAC PAGE 23 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: AWARD OF BID - 77 ACRE PARK WELL DEVELOPMENT Approval of Award of Bid and Agreement to Stevens & Sons Well Drilling, Inc. for the 77 Acre Park Well Development" Project for the Not -To -Exceed Amount of $92,784.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mike Barton Date: 05/5/14 Re: May 13'h City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 13" City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Stevens & Sons Well Drilling, Inc for the 77 Acre Well Development" project for a Not -To -Exceed amount of $92,784.00. Recommended Council Action: Award of Bid and Approval of Agreement to Stevens & Sons Well Drilling, Inc. for the Not -To -Exceed amount of $92,784.00. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 5/5/2014 REQUESTING DEPARTMENT PARKS Fund: 7 Department: 5200 GL Account: 96927 Construction: X :by -13 Project # Task Order: Project Name: 77 ACRE PARK WELL DEVELOPMENT Project Manager: Mike Barton Department Representative: n/a Contractor/Consultant/Design Engineer: SPF Wataer Engineering/ Stevens & Sons Well Drilling Budget Available (Attach Report): Yes Contract Amount: $92,784.00 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 14 Enhancement#: 2 Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License# PWC -C-12526 Corporation Status (Attach Print Out): Yes Current? (attach print out) Goodstanding Date Award Posted: Yes 18, 2014 10127.0 Correct Category? Yes Insurance Certificates Received (Date): April 28, 2014 Rating: A+ Payment and Performance Bonds Received (Date): April 28, 2014 Rating: A+ Builders Risk Ins. Req'd: Yes No H If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: May 5, 2014 Approved by Council May 13, 2014 Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 5200 - Parks - Admin 07 - Impact Fund From 10/1/2013 Through 9/30/2014 Capital Outlay 96927 77 acre South Park 10121 South Meridian Property 10121.a 77 Acre Park Well and Pump Conceptual Design Total Capital Outlay TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 295,500.00 0.00 295,500.00 100.008 0.00 9,186.00 (9,186.00) 0.008 295,500.00 9,186.00 286,314.00 96.898 295,500.00 9,186.00 286,314.00 96.898 Date: 5/5/14 04:32:33 PM Page: 1 n o n N u> o � <o rn rn N N 0 0 W N O 0 c ' — va o 3 v v > m Y a > 3 Q c j C a lv a ry b0 3 E a Y 3 0 v v N Y O J aL+ N v 3 v L c m W N c tlp N O £ U m J 0 0 O c m o a m u o v O Y Y 3 0 U 0 UI jp C L Sc ' — m Q 3 r N r0 W N C � Q Q U 00w o J 0 -va o V F > U O b a j > C op O Q O O C = Q o 3 o :. u - `� v p Q a CU O n Q N d c £ 3 ` v o a u a a a OC C L T U L N O c x v c '� W ra Q C - O 3 N U Y U � � m 0 c fO J v J _ O N� N a � L U O W 0 J o U1 01 (p L Q � L o o v .10c._L 3 J N .0 � = cr a N C N Oo c v c to +' o o 'Zn £ v ' Y Lh E o a d Q 0 C ` Q m 3in coy 3 3 E J o m 0 J o o v v "O o`nn3 ac 3 n ,N N h h NAS SURETY GROUP North American Specialty Insurance Company Washington International Insurance Company North American Elite Insurance Company PERFORMANCE BOND Bond No. 2182058 KNOW ALL MEN BY THESE PRESENTS: That Stevens & Sons Well Drillina. Inc fined name and address, orlegal lino, of contractor) 3709 Hawthorne Drive, Boise, ID 83703 as Principal, hereinafter called Contractor, and North American Specialty Insurance Company as Surety, hereinafter called Surely, are held and firmly bound unto City of Meridian (Insert name and address, or legal line, of ovmor) 33 E. Broadway Ave., Meridian, ID 83642 as Obligee, hereinafter called Owner In the amount of Ninety Two Thousand Seven Hundred Eighty Four Dollars and 00/100 Dollars ($ 92,784.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated May 6, 2014 entered into a Contract with Owner for 77 Acre Park Well Development in accordance with drawings and specifications prepared by (InSell lull MW and Ulla) which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION Is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. Whenever Contractor shall be, and declared by Owner to be In default under the Contract, the Owner having performed Owners obligation thereunder, the Surely may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its (arms and conditions, or 2) Obtain a bid for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surely of the lowest responsible bidder, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, Including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which Contractor ceases work on the Contract. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. Signed, sealed and dated May 6, 2014 Stevens & o s ell Drilng c. By By RevSH/03 North American SEAL 1973 w. AM NAS SURETY GROUP North American Specialty Insurance Company Washington International Insurance Company North American Elite Insurance Company NOTE: THIS BOND IS ISSUED SIMULTANEOUSLYWITH ANOTHER BOND IN FAVOR OF CONTRACT. KNOW ALL MEN BY THESE PRESENTS That Stevens & Sons Well PAYMENT BOND FOR THE FULL AND FAITHFUL PERFORMANCE OF THE Bond No. 2182058 (Here insert the name and address, or legal title, of the contractor) 3709 Hawthorne Drive Boise ID 83703 as Principal, hereinafter called Principal, and _North American Specialty Insurance Company as Surely, hereinafter called Surety, are held and firmly bound City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 (Here Insert the name and address, or legal title, of the owner) , as Obligee, hereinafter called Owner, for the use and benefit of claimants as herein below defined. in the amount of Ninety Iwo I housand Seven Hundred Eighty Four Dollars and 00/100 Dollars ($92,784.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated May 6, 2014 entered into a Contract with Ownerfor 77 Acre Park Well Development in accordance with drawings and specifications prepared by (Here Insertlull name and fille) which Contract is by reference made a part hereof, and is hereafter referred to as the Contract. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is that if the Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with the sub -contractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal, and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant in the name of the Owner, prosecute the suit to final judgment for such sums as may be justly due claimant, and have execution thereon, provided, however, that the Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suitor action shall be commenced hereunder by any claimant. a) Unless claimant shall have given written notice to any two of the following: The Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the slate in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which Claimant ceased work on said Contract. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the stale in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of ar hereunder, inclusive of the payment by Surety of mechanics liens which may be whether or not claim for the amount of such lien be presented under and against thl: Signed, seated and dated May 6, 2014 Stevens By z Rev 571143 North American mt or payments made In good faith record against said improvements, Insurance NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington Intemational Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois each does hereby make, constitute and appoint: Brenda J. Smith Its true and lawful Attomey-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, the following surety bond Principal: Stevens & Sons Well Drilling, hie. Bond Number: 2182058 Obligee: City of Meridian Bond Amount: See Bond Form Bond Description: 77 Acre Park Well Development Provided that no bond or undertaking or contract of suretyship executed under this authority shall exceed the amount of FIFTY MILLION ($50,000,000) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9" of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seat of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." v'%W011114111 ... �^aunmgyw \�o�pytPuiv/ o.� By t10NAt e.,... Ns �6: �'hPdAq'.,L � SlevenP. Andemon, Senior Vice President of WasM1l ,t:'cearbRq�o ttEE; r,b $. ngtanlW...ana..,.nw Company SEAL e.n� &Senior Vice President of Noah Amedren Speciallylnaumntt Company _'` $E4L F' ;m =w:x 197 Q .avid M.3aymen, Vice Prcsidem of azhinglon lntemaaana...mance Company •" 'p� 4 N. NAMPSD- ql/O�nn1n `J� &Vice Presiden[ofNonh Anrenun 5pmially Wunnce Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 25th day of May 2012. North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook as: On this 251h day of May 20 12 , before me, allotary Public personally appeared Steven P. Anderson .Senior Vice President of Washington Intemational Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly swom, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. rN CFFf IALSEAL" ONNAD.SKLENS otary Public, State of Illinois Donna D, Skiens, Notary Public y Commission Expires 10/mol] I, Jeffrey Goldbergthe duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is n true and correct copy of it Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seats of the Companies this 6th day of May 2014 k1kiGeMcm ViiceYmihnt& Assts See NnqeM.W. .hmrsmaanat/nsma Compal,& A.kteetScneta rN Am-dcan aped ty rmmonce Company STEV&SO-01 ACOPE �(✓ o' CERTIFICATE OF LIABILITY INSURANCE DAT 4/2312/2312014OIyyyV) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER BOIBB Office newest Insurance, Inc. 960 Broadway Avenue Suite 100 Bo€se, ID 83706 CONTACT NAME: PHONE -2900 (208) 424 No Eo:Z:/ -2999Pa EMAIL ADDRESS: CWP269196927 06/0112013 INSURER(S) AFFORDING COVERAGE NAICk INSURERA: Continental Western Insurance Company 10804 AG TORE TED 300,00 PREMISES Ea $ INSURED INSURER B: Idaho State Insurance Fund INSURERC: Stevens & Sons Well Drilling, Inc. INSURER D: 3709 Hawthorne Drive Boise, ID 83703 INSURER E: INSURER F: LIABILITY ANY AUTO AALL UTOS OWNED SCHEDULED O NON -OWNED HIRED AUTOS X AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MTSRR TYPE OF INSURANCE ADDL SUBS POLICY NUMBER P-OLIDOYrYEYFFF MMIDC"/YCY EYY LIMITS A X COMMERCIAL GENERALLIABILITY OCCUR X CLCGO013(0102) X X CWP269196927 06/0112013 06/01/2014 EACH OCCURRENCE $ 1,000,000 -DAMCLAIMS-MADEI—XI AG TORE TED 300,00 PREMISES Ea $ MED EXP (Any one person) $ 10,00 oneperson X CLCG2014(0107) PERSONAL &ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY I JE� 0 LOC 11 OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 S A AUTOMOBILE X X LIABILITY ANY AUTO AALL UTOS OWNED SCHEDULED O NON -OWNED HIRED AUTOS X AUTOS CWP269196927 06/01/2013 06/0112014 Ee eaLitleDISINGLE LIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY(Peraccidenl) $ PROPERTY DAMAGE $ Per arcitlenl A UMBRELLA LIAR EXCESS LIAS X OCCUR CLAIMS -MADE CU269606626 06/01/2013 06/01/2014 EACH OCCURRENCE $ 1,000,00 AGGREGATE S 1,000,00 DED I I RETENTION$ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANVOFFICERIMEETOR/PARTNERIEXECUTIVE YIN (Mandatory InN REXCLUOED4 El fyes,dln NH) Dyes, describe under DESCRIPTION OF OPERATIONS below NIA 519761 04/01/2014 04/01/2015 PER OTH- STATUTE ER E.L, EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1.000,000 E.L. DISEASE -POLICY LIMIT 1 $ 1,000,00 DESCRIPTION OF OPERATIONS /LOCATIONS I VEHICLES (ACORD 101, Addillonal Remarks Schedule, may be aeached If more space is required) RE: 77 Acre Park Well Development City of Meridian 33 E. Broadway Ave. Ste.106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. jAAUUT�HO-RIZED REPRESENTATIVE N F" 0 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered .marks of ACORD A L THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS - AUTOMATIC STATUS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II — Who Is An Insured is amended to Include as an additional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your Policy. Such person or organization is an additional insured only with respect to "bodily injury" and "property damage" caused, in whole or in part, by "your work" at locations specified in the written contract or agreement and included in the "products -completed operations hazard", With respect to the insurance afforded to these additional Insureds, this insurance does not apply to "bodily injury" or "property damage' that occurs prior to the execution of, or subsequent to the expiration of, the contract or agreement in which you agreed that such person or organization be added as an additional insured on your policy. CL CG 20 14 0107 Includes copyrighted material of insurance Services Page I of 1 Offices, Inc., voth its permtslon THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS It SECTION I — COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION. III • LIMITS OF INSURANCE, shall be the greater of: a; $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to your or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to this coverage as described in SECTION 111 — LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III— LIMITS OF INSURANCE Is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000: or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of 'property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (11) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V— DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract'; C. LIMITED NON -OWNED WATERCRAFT I. Paragraph g.(2) of SECTION I — COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less then 51 feet tong; and CL CG 0013 01 12 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc with its permission b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I — SUPPLEMENTARY PAYMENTS — COVERAGES A AND B is amended as follows: 1. The limit of insurance In paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of Insurance in paragraph 1.d. Is increased from $250 to $500. E. AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II - WHO IS AN INSURED; e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any "occurrence" which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", 'property damage" or "personal and advertising injury" caused, in whole or In part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold In the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption. of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; & Any physical or chemical change in the product made intentionally by the vendor 4. Repackaging, unless unpacked solely for the purpose of Inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged In the original container; 5. Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; CL CG. 00 13 01 12 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc with its permission 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or Ingredient of any other thing or substance by or for the vendor. b. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision — Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erectlon, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits In this coverage form or the limits you. and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED — SPECIFIED RELATIONSHIPS — PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional Insured's policy, F. BROADENED NAMED INSURED— NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II- WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III — LIMITS OF INSURANCE applies separately to each of your: 1. Projects away from premises owned by or rented to you. 2. "Locations" owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is Interrupted only by a street, roadway, waterway or right-of-way of a railroad. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or "suit" to: (1) You, if you are an individual, (2) A partner, if you are a partnership, CL CG 0013 01 12 Includes copyrighted material of insurance Services Page 3 of B Office, Inc with its permission (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; Is considered knowledge and requires you to notify us of the "Occurrence", offense, claim, or "suit" as soon as practicable. f. We are, considered on.notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops Into an "occurrence", offense, claim or "salt" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following Is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non -renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V— DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 6. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury' or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products -completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the Insured will bring "suit" or transfer those rights to us and help us enforce those rights. L. OTHER INSURANCE When Coverage applies In this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to lossor damage insured by this coverage. M. NON -EMPLOYMENT DISCRIMINATION LIABILITY (DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V — DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non -employment discrimination. Non -employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non -employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non - employment discrimination liability damages on your behalf applies only to the amount of damages in excess of $5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. CL CG 0013 0112 includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc with its permission The most we will pay for all damages for non -employment discrimination Is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments — Coverages A and B do not apply to non -employment discrimination coverage. N. ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS OR OTHERS— AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy, but only with respect to 'bodily injury", "property damage" or "personal and advertising injury" is caused, in whole or In part, by: a. Your acts or omissions; or b. The acts or omissions of those acting on your behalf; In the performance of your ongoing operations for the additional Insured: This insurance does not apply to 'bodily injury", 'property damage", "personal and advertising injury" included within the "products -completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional Insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to 'bodily Injury", 'property damage" or 'personal and advertising injury" arising out of: 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: a. Providing engineering, architectural or surveying services to others in your capacity as an: engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include techniques, sequences and procedures construction manager, its employees ongoing operations. services within construction means, methods, employed by you or performed by or for the or its subcontractors in connection with your B. 'Bodily injury" or "property damage" occurring after: I. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or CL CG 00 13 0112 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc with its permission 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged In performing operations for a principal as a part of the same project. 4, Primary Non -Contributory When required by virtue of a written contract or agreement, coverage provided to any additional Insured by ADDITIONAL INSURED — OWNERS, LESSEES, CONTRACTORS OR OTHERS — ONGOING OPERATIONS — AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 01 12 Includes copyrighted material of Insurance Services Page G of 6 Office, Inc with its permission AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES 77 ACRE PARK WELL DEVELOPMENT PROJECT # 10121.0 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 6'h day of May, 2014, 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 Stevens & Sons Well Drillina. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2794 Greenwood Circle, Boise, ID 83706, _and whose Public Works Contractor License # is PWC -C-12526. INTRODUCTION Whereas, the City has a need for services involving 77 ACRE PARK WELL DEVELOPMENT; 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 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, 77 ACRE PARK WELL DEVELOPMENT page 1 of 10 Project 10121.0 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 underthis 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 underthis 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 Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $92,784.00. 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 of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 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. 77 ACRE PARK WELL DEVELOPMENT page 2 of 10 Project 10121.0 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. Contractor shall be liable to the City for any delay beyond this time period in the amount of two hundred fifty dollars ($250.00) 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. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations underthis 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 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. 4.2 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. 5. Independent Contractor: 5.1 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 77 ACRE PARK WELL DEVELOPMENT page 3 of 10 Project 10121.0 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. 5.2 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. 5.3 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. 6. Indemnification and Insurance: 6.1 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 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 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 77 ACRE PARK WELL DEVELOPMENT page 4 of 10 Project 10121.0 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. 6.2 Any deductibles, self-insured retention, or named insured 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. 6.3 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. 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. 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. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. 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: 77 ACRE PARK WELL DEVELOPMENT page 5 of 10 Project 10121.0 CITY CONTRACTOR City of Meridian Stevens & Sons Well Drilling, Inc. Attn: Keith Watts, Attn: Ron Stevens Purchasing Manager 33 E Broadway Ave 3709 Hawthorne Drive Meridian, ID 83642 Boise, ID 83703 208-489-0417 Phone: 208-859-0276 Email: ronman@Q.com Idaho Public Works License# PWC -C-12526 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. Reports and Information: 14.1 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. 14.2 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 77 ACRE PARK WELL DEVELOPMENT page 6 of 10 Project 10121.0 representation including letters, words, pictures, sounds or symbols or any combination thereof. 15. 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 personnel, conditions of employment and other data relating to all matters covered by this Agreement. 16. 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. 17. 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. 18. 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. 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. 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. 21. 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. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 77 ACRE PARK WELL DEVELOPMENT page 7 of 10 Project 10121.0 24. 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. 25. 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. 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN STEVENS ANP/Q W,ELI A}RILLING. INC BY: G C G e-� . (Z`f— _ Cyte-'/ P -9Da. ctt u , Cou-Ac.i / Y✓U i di..� Dated: S - 13 - Approved by BY:_ RON Dated: w c,<y.,f 4"k��R,UDTA1 rtmer-f Approval CITY CLE '' `n SEAL Purchasing Ap/p�rovv BY: KEITH'WATTS, Purcha"sing Manager Dated:: 4 / 77 ACRE PARK WELL DEVELOPMENT Project 10121.0 STEVEPIDDOWAY, PArks Dept. Dir cto Dated:: Project Manager, Mike Barton page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-14-10121.0 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PKS-14-10121.C, are by this reference made a part hereof. 77 ACRE PARK WELL DEVELOPMENT page 9 of 10 Project 10121.0 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $92,784.00. Milestone 1 ;inalCompletion90 (ninety) days Contract includes furnishing all larials, equipment, and incidentals as required for the 77 ACRE PARK WELL DEVELOPMENT project per IFB PKS-14-10121.0 CONTRACT TOTAL ....................... 192,7-84.00 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Quantity Unit Unit Price 1 Mobilization and Demobilization 1 LS $4,500 2 Drill Borehole 450 LF $80.00 3 Furnish and Install 10 -inch Steel Well Casing 42 LF $42.00 4 Furnish and Install 10" PVC Well Casing 330 LF $38.00 5 Furnish and Install 10 -inch Well Screen 80 LF $186.00 6 Furnish and Install Sand Filter Pack 100 LF $35.00 7 Furnish and Install Annual Well Seal 350 LF $35.00 8 Well Development 4 Hr. $225.00 9 Furnish, Install, and Remove Test Pump 1 LS $2,800.00 10 Test Pumping 8 Hr. $150.00 11 Rig Time 2 Hr. $225.00 12 Geophysical Logging 1 LS $2,000 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. 77 ACRE PARK WELL DEVELOPMENT page 10 of 10 Project 10121.0 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4E PROJECT NUMBER: ITEM TITLE: AWARD OF BID - SEWER LINE REPLACEMENT - SITE 14 Approval of Award of Bid and Agreement to Cascade Pipeline Corporation for the "Sewer Line Replacement - Site 14 Construction" Project for a Not -To -Exceed Amount of $51,267.50 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, John Boyd Date: 4/30/2014 Re: May 6th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the May 6, 2014 City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Cascade Pipeline Corporation for the "Sewer Line Replacement — Site 14 - Construction" project for a Not -To -Exceed amount of $51,267.50. Recommended Council Action: Approval of Award of Bid and Agreement to Cascade Pipeline Corporation for the Not -To -Exceed amount of $51,267.50. Thank you for your consideration • Page 1 0 E IDT AN- Public H O Works Department TO: PURCHASING FROM: John Boyd Engineering Technician II DATE: 3/14/2014 SUBJECT: SEWER REPLACEMENT PROJECT—SITE 14 DEPARTMENT CONTACT PERSONS Mayor Tammy de Weerd City Council Member$ Relth Bird Brad Hoaglun Charles Rountree David Zoremba John Boyd, Project Manager..............................................................................................489-0364 Clint Dolsby, Asst. City Engineer......................................................................................489-0341 Warren Stewart, PW Engineering Manager.......................................................................489-0350 Tom Barry, Director of Public Works................................................................................489-0372 H. DESCRIPTION A. Background The Public Works Department has budgeted to replace deficient and aging sewer mains throughout the City. A replacement priority schedule was completed by Public Works taking into account age, pipe size, pipe material, and hydraulic capacity. B. Proposed Project The proposed project will replace an existing sewer main on private property in an easement that is located between Franklin Road and Taylor Street, west of Meridian Road by open trench method and is comprised of approximately 443 feet of 8 -inch sewer with several manholes and direct service connections. This project budget includes a $2,500 allowance for a Temporary Construction Easement to compensate the property owner, Sundance Investments, for any trees that may be damaged during construction. Page 1 of 2 III. IMPACT A. Service/Delivery Impact: The replacement of the substandard pipe in this project will improve custombr service and overall sewer capacity; it will reduce the risk of costly pipe breaks, ensure that dependable service is provided to current customers, and extend the life of City infrastructure. B. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modem reliable facilities while maintaining financial stewardship. C. Fiscal Impact: Available Project Funding The project will be funded with existing City funds from the following account. Sewer Line Replacements (60 -3590 -95000) ................................................... $100.000.00 Total Project Funding...................................................................................... $100,000.00 IV. LIST OF ATTACHMENTS A. Purchase Order Requisition B. Engineering Construction Cost Estimate C. Bid Request Checklist D. Project Schedule APPROVED FOR BID / AWARD PROCESS Engineering Page 2 of 2 Dae AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SEWER LINE REPLACEMENT - SITE 14 PROJECT # 10413.a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 6th day of May, 2014, 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 CASCADE PIPELINE CORPORATION, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 1135, Meridian, ID 83680 and whose Public Works Contractor License # is C- 13771 -AAA -1-2. 1=191 IRU Whereas, the City has a need for services involving SEWER LINE REPLACEMENT - SITE 14; 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 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, SEWER LINE REPLACEMENT - SITE 14 page 1 of 11 Project 10413.a 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 underthis 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 Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $51,267.50. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, 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 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) or unless sooner terminated as provided in Sections 3.2, 3.3; and Section 4 below or unless some other method or time of termination is listed in Attachment A. SEWER LINE REPLACEMENT - SITE 14 page 2 of 11 Project 10413.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 60(sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred fifty dollars) 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. See Milestones listed below for Substantial Completion. Substantial Completion shall be accomplished within 45 (forty five) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $250.00 (two hundred fifty dollars) 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. ANTICIPATED PROJECT SCHEDULE March 24, 2014 Bid Advertised April 4, 2014 Last Date to submit questions April 7, 2014 Addendum Issued (if needed) April 10, 2014 Bid Opening May 6, 2014 Council Award May 7, 2014 Notice to Proceed May 9, 2014 Pre -Construction Conference June 21, 2014 Milestone 1 — Sewer Line — Substantial Completion July 6, 2014 Milestone 2 — Sewer Line — Final Completion 4. Termination: 4.1 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 SEWER LINE REPLACEMENT - SITE 14 page 3 of 11 Project 10413.a 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 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. 4.2 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. 5. Independent Contractor: 5.1 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. 5.2 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. 5.3 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. SEWER LINE REPLACEMENT - SITE 14 page 4 of 11 Project 10413.a 6. Indemnification and Insurance: 6.1 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 Aoreement, 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 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. 6.2 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. 6.3 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. SEWER LINE REPLACEMENT- SITE 14 page 5 of 11 Project 10413.a 6.4 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. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. 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. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. 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 CONTRACTOR City of Meridian CASCADE PIPELINE CORPORATION Purchasing Manager Attn: John L McNatt 33 E Broadway Ave P O Box 1135 Meridian, ID 83642 Meridian, ID 83680 208-888-4433 Phone: 208-895-0286 Email: cascadeC@cascadepipelinecornoration.com Idaho Public Works License #C-1 3771 -AAA-1 -2 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. 10. 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. SEWER LINE REPLACEMENT- SITE 14 page 6 of 11 Project 10413.a 11. 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. 12. 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. 13. 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. 14. Reports and Information: 14.1 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. 14.2 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. 15. 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 CITYto 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. 16. 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. 17. 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. SEWER LINE REPLACEMENT - SITE 14 page 7 of 11 Project 10413.a 18. 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. 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. 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. 21. 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. 22. 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. 23. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 24. 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. 25. 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. SEWER LINE REPLACEMENT- SITE 14 page 8 of 11 Projed 10413.a 26. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: G GC �l , 2 �AAivHvl'F-d , C[np�/2ou✓rfYu, �ouncI / nl;dt.�r Dated: 5- /3 -/L/ Approved by Council: , CITY CLERK Dated: y Purchasing App oval BY: KEIT TS, PuKcEaeing Manager Dated:: s SEWER LINE REPLACEMENT- SITE 14 Project 10413.a —Department Approval BY: %— ARREN STEWART, Engineering Manager Dated:: page 9 of 11 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -14-10413.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -14-10413.a, are by this reference made a part hereof. SEWER LINE REPLACEMENT - SITE 14 page 10 of 11 Project 10413.a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $51,267.50. - — MILESTONE DATESLSCHEDULE Milestone 1 Substantial Completion 45 (forty five) days Milestone 2 Final Completion 60(sixty) days PRICING SCHEQULE - = = _ Contract includes furnishing all labor, materials, equipment, and incidentals as required for the SEWER LINE REPLACEMENT - SITE 14 per IFB PW -14-10413.a CONTRACT TOTAL ....................... CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. _ = Bd�chedul� Item No. Description Qnty Unit Unit Price 201.4.1.C.1 Removal of Obstructions 1 LS $750.00 201.4.1.G.1 Remove and Reset Fence 60 LF $25.00 205.4.1.6.1 Dewatering 1 LS $500.00 306.4.1.13.1 8" Minus Uncrushed Aggregate 30 TON $21.00 307.4.1.A.1 Surface Repair - Natural Ground 107 LF $20.00 307.4.1.6.1 Surface Repair -Type P 362 LF $27.00 501.4.1.0.1 Gravity Sewer Pipe - 8" PVC (includes excavation, bedding, backfill, etc.) 461 LF $36.00 501.4A.C.1 CCN Inspection - 8" (new pipe) 461 LF $2.50 502.4.1.A.1 Sanitary Sewer Manhole -48" Type A 3 EA $1,800.00 504.4.1.A.1 Service Line - 4" 7 LF $ 25.00 507.4.1.F.5 Reconnect Service Line 6 EA $ 500.00 507.4.1.K.1 Sewage Flow Control 1 LS $ 100.00 507.4.11.1 Abandon Existing Sewer In -Place 465 LF $ 2.00 507.4.1.M.1 Abandon Manhole 2 EA $500.00 507.4.1.N.1 Abandon Clean-out 1 EA 150.00 706.4.1.A.5 Std. 6 inch Vertical Curb and Gutter Remove & Replace 7 LF 50.00 706.4.1.A.5 Std. 6 inch Vertical Curb (No Gutter) Remove & Replace 86 LF 20.00 1101.4.2.A.1 Staging Area 1 LS 500.00 1103.4.1.A.1 Construction Traffic Control 1 LS 500.00 2010.4.1.A1 Mobilization (5% Max.) 1 LS 2,500.00 SP -2102.4.1.A.1 Construction Coordination 1 LS 500.00 SP -2216.4.1.A.1 I Stormwater Management 1 LS 500.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. SEWER LINE REPLACEMENT - SITE 14 page 11 of 11 Project 10413.a CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: REQUESTING DEPARTMENT PUBLIC WORKS Fund: 60 Department: 3590 GL Account: Construction: X 95000 Project # PSA: Task Order: Project Name: SEWER LINE REPLACEMENT - SITE 14 - CONSTRUCTION Project Manager: JOHN BOYD Department Representative: Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? 10413.a YES CASCADE PIPELINE / JUB Contract Amount: $51,267.50 Yes No x Budget Information: FY Budget: FY14 Enhancement#: Grant#: Other: Type of Grant: BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) YES (Ratings Attached) (Category) Typical Award Yes X No Bid No: Bid Opening Date: If no please state circumstances and conclusion: 10 Day Waiting Period Complete: April 20, 2014 Date Award Posted: PW License # c-13771-aaa-1-2 Current? (attach print out) Corporation status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): April 22, 2014 Rating: Payment and Performance Bonds Received (Date): April 28, 2014 Rating: A Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? Date Submitted to Clerk for Agenda: Issue Purchase Order No. Issue Notice of Award: Date: May 1, 2014 Date Issued: Approved by Council WH5 submitted NTP Date: 10, 2014 Correct Category? A ------ Public Contractor Search — ( PERMrrS_ LICENSE i PUBLIC WORKS _VIOLATIONS --� ELEVATORS Public Works Search P Search Main Download Results Printable View Comoanv Name License Number Work Category(s) License Type License Class Status Cascade Pipeline Corporation PWC -C-13771 _100001, 00002 j 1,2 AAA ACTIV i -First Prev-] Page:l ori L [Las1_I - Details- License Number: PWC -C-13771 --- -- —------- ---- -------- Lie Info Registration#: PWC -C-13771 Issue: 7/26/2013 Expire: 7/31/2014 Type: PUBLIC WORKS Sub -Type: AAA Status: ACTIVE Comp/Name: Cascade Pipeline Corporation Addressl: PO Box 1135 City, Slate, Zip: MERIDIAN, ID 83680 Phone: (208) 895-0286 Cell: (208) 941-2547 Pager: Fax: (208) 898-0144 Owner Name: Home I CONTACT US Pwmmd by �t'��SYS7EMS https://data.dbs.idaho.gov/Etrakit2/Idaho PublieWorksSearchRslts.aspx 4/10/2014 IDAHO SECRETARY OF STATE Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for CASCADE PIPELINE CORPORATION ] CASCADE PIPELINE CORPORATION PO BOX 1135 MERIDIAN, ID 83680 1135 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, 2ND AR NOTICE SENT 01 Aug Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 14 Aug 2013 Original Filing: [ Heli) Me Print/View TIFF ] Filed 06 Jul 2000 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: 2013 State of Origin: IDAHO Date of 06 Jul 2000 Origination/Authorization: View Image Initial Registered Agent: JOHN L MCNATT 645 COUGAR DR COMPANY, INC. MERIDIAN, ID 83646 Organizational ID / Filing C134678 Number: (PDF format) Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 14 Aug 2013 Original Filing: [ Heli) Me Print/View TIFF ] Filed 06 Jul 2000 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - View Image (PDF format) View AMEND Image (TIFF format) ARTICLE IV Annual Reports: [ Helo Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 [ Helo Me Print/View TIFF ] Amendment Filed 18 Jul 2000 NAME CHANGED TO View Image (PDF format) RAINIER View Image (TIFF format) CONSTRUCTION COMPANY, INC. Amendment Filed 23 Apr 2001 NAME CHANGED View Image (PDF format) TO CASCADE View Image (TIFF format) PIPELINE CORPORATION Amendment Filed 13 Sep 2002 OTHER - View Image (PDF format) View AMEND Image (TIFF format) ARTICLE IV Annual Reports: [ Helo Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Idaho Secretary of State's Main Page View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF formes View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfoObsos.idaho.gov http://www.accessidaho.org/public/sos/corp/C134678.html 4/10/2014 CASCA-3 OP ID: TC ,a`oRo' CERTIFICATE OF LIABILITY INSURANCE DATE/22/2014 04/22/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsements). PRODUCER Higgins & Rutledge Insurance 1661 Shoreline Dr., Suite 100INC.No, Boise, ID 83702 Tracy L. Forsythe, CIC NAMEACT Tracy L Forsythe, CIC PHONE FAX EXf:208-343-7741 ac No: 208-343-9371 nooa,as: info@higginsrutledge.com INSURER(S) AFFORDING COVERAGE NAIC# 03/01/2014 INSURER A:WeStern National Assurance Co. 24465 EACH OCCURRENCE $ 1,000,00 INSURED Cascade Pipeline Corporation P0Box 1135 INSURER a: State Insurance Fund PERSONAL B ADV INJURY $ 1,000,00 Meridian, ID 83680 INSURER C: INSURER D; PRODUCTS AGO $ 2,000,00 INSURER E: A INSURER F: CA NonRes LIC #0505246 LIABIUTY ANY AUTO ALL ORMED SCHEDULED AUTOS AUTOS NOR" MED HIRED AUTOS AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE DOL BR POLICY NUMBER POLICY EFF MIWDD/yYYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIARIUTY CLAIMS MADE I X I OCCUR X CPPI088768 03/01/2014 03/01/2015 EACH OCCURRENCE $ 1,000,00 PREMISES Eaocmnence $ 100,000 MED EXP (Any one person) $ 5,00 PERSONAL B ADV INJURY $ 1,000,00 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATELIMIT APPLIES PER' POLICY X PRO LOC PRODUCTS AGO $ 2,000,00 $ A AUTOMOBILE X LIABIUTY ANY AUTO ALL ORMED SCHEDULED AUTOS AUTOS NOR" MED HIRED AUTOS AUTOS CPPI088185 03101/2014 03/01/2015 (CEO, MBNEDSINGLE LIMIT $ 1,000,00 BODILY INJURY(Perpereon) $ ermc ) BODILY INJURY (Pdens $ PROPERTY DAMAGE $ PER ACCIDENT A X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS -MADE UMB1014742 03/01/2014 03/01/2015 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,00 DED I X I RETENTIONS 0 $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORJPARTNERECUTIVE YIN ff OFFICERIMEMBER EXCLUDED? ❑ (Mandatory In NH) /lyes, desmbe under DESCRIPTION OF OPERATIONS below NIA 591223 10101/2013 10/01/2014 VdCSTATU- TH- TORY LIMIT PER EL. EACH ACCIDENT $ 600,00 E.L. DISEASE - EA EMPLOYEE $ 500,00 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS I LOCATIONS IVEHICLES (Attach ACORD 101, AddRional Remarks Schedule, if more space Is required) RE: Sewer Line replacement - site 14 CITMERI City of Meridian 33 East Broadway Ave. Meridian, ID 83642-2619 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY WN GL 49 01 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - AUTOMATIC STATUS WHEN REQUIRED IN CONSTRUCTION AGREEMENT WITH YOU PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section II — Who Is An Insured is amended to in- clude as an additional insured any person or organ- ization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an addi- tional insured on your policy. Such person or organ- ization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are com- pleted. B. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These Limits of Insur- ance are inclusive of, and not in addition to Limits of Insurance shown in the Declarations. C. With respect to the insurance afforded to these ad- ditional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the render- ing of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to pre- pare or approve, maps, shop drawings, opin- ions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or en- gineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrac- tor engaged in performing operations for a principal as a part of the same project. D. As respects the coverage provided under this en- dorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Otherinsurance b. Excess Insurance This insurance is excess over any other in- surance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written con- tract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a pri- mary and noncontributory basis. WN GL 49 01 09 Includes copyrighted material of Insurance services Offices Inc. with its permission. Page 1 of 1 POLICY NUMBER: CPP 1084264 00 COMMERCIAL GENERAL LIABILITY WN GL 50 03 11 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS PRIMARY AND NONCONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations PER WRITTEN CONTRACT OR AGREE- PER WRITTEN CONTRACT OR AGREEM MENT WHERE YOU AGREED TO NAME ENT A PARTY OR PARTIES AS ADDITIONAL INSURED(S) Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to in- clude as an additional insured the person(s) or or- ganization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "prod- ucts -completed operations hazard". B. The Limits of Insurance applicable to the addition- al insured are those specified in the written con- tract or written agreement or in the Declarations of this policy, whichever is less. These Limits of In- surance are inclusive of, and not in addition to Limits of Insurance shown in the Declarations. C. As respects the coverage provided under this en- dorsement, Paragraph 4.b. of the Other Insurance Condition is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insur- ance naming the additional insured as an in- sured whether primary, excess, contingent or on any other basis unless the insured and such person(s) or organization(s) named in the Schedule have specifically agreed in a written contract or agreement to provide this insurance on either a primary basis or a pri- mary and noncontributory basis. WN GL 50 03 11 Includes copyrighted material of Insurance Services Offices Inc. with its permission. Page 1 Of 1 Bond No 67S201511 Payment Bond CONTRACTOR: (Nance, legal slatrs and address) C-OP4 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Cascade Pipeline Corporation PO Box 135 Meridian Idaho 83680 OWNER: (Yance, legal stains and oddness) City of Meridian 33 East Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Date: 5/6/2014 Amount: $51,267.50 SURETY: (_None, legal status and principal place of business' The Ohio Casualty Insurance Company 24001 E Mission Ave Liberty Lake, Washington 99019 Description: Nance and localion) Sewer Line Replacement -Site 14 Project No 10413.a BOND Date: 5/6/2014 (Arol earlier liar Construction Contract Date) Amount: S 51,267.50 Modifications to this bond: ® None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Cascade Pi rporati Sires Name and Title. ❑ See Section 18 SURETY Company: (Corporate Seal) The Ohio Casually Insurance Company Signatur Name Staci L Jayo-Attorne n -Fact and Title: (4,ny additional signatures appear on the last page of tris Paynrenr Bond) (FOR IA'FORMA TION ONLY —,Fame, address and telephone) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise, Idaho 83707 208-343-7741 S-21491GE 8110 OWNER'S REPRESENTATIVE: (lrchhecl. Engineer or olher parry:) This document has important legal consequences_ Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surely, Owner or other party shall be considered plural where applicable. § 1 The Contractor and Surety.jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pav for labor, materials and equipment furnished for use in the perfomnance of the Construction Contract, which is incorporated herein by reference subject to the following terms. § 2Ifthe Contractor promptly makes payment of all suns due to Claimants, and defends, indemnifies and holds harmless the Owner from claims demands, liens or snits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance oftne Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default tinder the Construction Contract, the Sin ety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owners property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly lendered claim, demand, lien or soil. § 5 The Surety's obligations to a Claimant under this Bead shall arise after the following: § 5.1 Claimants. who do not have a direct contract with the Contractor .1 have furnished a written notice ofnon-payment to the Contractor, slating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sen( a Claim to the Sureh• (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 61f a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sullicient to satisfy a Claimant's obligation 10 furnish a written notice of non-payment tinder Section 5.1.1. § 7 When a Claimant has satistied the conditions of Sections 5.1 or 5 whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions- § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days ager receipt of the Claim, slating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7 2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to he due and owing to the Claimant. § 6 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion of the work. 5-2149/GE 8/10 § 10 The Surely shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the pay local of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surely hereby waives notice of any change, including changes of time, to the Construction Contractor to related subcontracts, purchase orders and outer obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competentjurisdiction in the stale in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5 or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 13 Notice and Claims to (he Suretv, the Owner or the Contractor shall he mailed or delivered to the address shown on the page on which [heir signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted hcrefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished. the intent is that [his Bund shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be n potential bene6ciary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant: .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy or the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract: .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last famished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the dale of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment famished as of the date of file Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontraclor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The tern Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. 1'Itc intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491GE 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement bchvecn the Cnvucr and Contractor. § 17 If this Bond is issued for an agreement behveen a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: (.Space is provided helmv for additional signatures ofadded parties, other Man those appearing on dre caver page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporals Seal) Company: (Corporate Sea!) Signature: Name and Address S-21491GE 8110 Signature: Name and Title: Address Bond No 67S201511 Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: Name, legal status mrd address) Cascade Pipeline Corporation PO Box 1135 Meridian Idaho 83680 OWNER: (Name, legal sfalus and address) City of Meridian 33 E Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Datc:5/6/2014 Amount $ 51,267.50 SURETY: (Name. legal status and principal place of business) The Ohio Casualty Insurance Company 24001 E Mission Ave Liberty Lake, Washington 99019 Description: (Nance and localion) Sewer Line Replacement -Site 14 Project No 10413.a This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. BOND Datc:516/2014 (Not earlier than Construction Cmetract L)ate) Amount $ 51,267.50 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corpora al) Company: (Corporate Seal) Cascade Pipe a Corporati The Ohio Casuuaaalltt-yJ InAsu�rance Company Signalu � Signature: O/ �•C.2�c.�� �t /I/ .7/ ) Nance and Ti11e: ��UK e� r Name Staci L Jayo-Attorney-In-Fact and Title: (Any additional signalures appear on Ibe last page of Uris Perfurnrauce Bund;) (FOR XFORMATIO N ONLY Nance, address and Islephmze) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise Idaho 83707 208-343-7741 S-18521GE 8110 OWNER'S REPRESENTATIVE: (Archileer, Engineer or otherparryr) § 1 The Conhxotor and Surely, jai idly and severally, bind themselves, Iheir heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 I there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner. Contractor and Surety to discuss the Contractors performance. If the (honer does not request a conference, the Surety may, within five (5) business days atter receipt of the Owners notice, request such a conference- If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise. any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. if the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor DefatdC terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Dalanec of the Contract Price in accordance with the terms of the Construction Contract to the Surety or 10 a conhactor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surely's obligations, or release the Surely from its obligations, except to the extent the Surety denronshates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange For the Contractor, with the consent or the Owner, to perform and complete the Construction Contract, § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the C011alnlehell Contract, arrange for a contract to be prepared Cor execution by the Owner and a contractor selected with the Owters concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default: or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and wi lit reasonable promptness under the circumstances: .1 After investigation, delermine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to file Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial - § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to time Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 5-1852/GE 8/10 § 7 I the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibili lies of the Surely to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surely shall not be greater than those of the Owner under the Construction Contract. Subject to the coin mitment by the Owner to pay the Balance of the Contract price, the Surety is obligated, wnthout duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surely under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 f f the Surely elects to act under Seclion 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue our this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent j urisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the snit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefiom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statulory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1852JGE 8110 § 16 Modifications to this bond are as follows_ (.Space is provided helou, for additional ,signatures ofadded parties, other than those appearing on die cover paged CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Signature: Name and Title: Namc and " Address Address 5-18521GE 8/10 (Corporate Seal) THIS POWER OF ATTORNEY IS NOT VALID. UNLESS IT IS PRINTED ON RED BACKGROUND. This povver of Attorney limits the acts of those named herein, and they have no authorltyto,bind the Companyexcept in the manner and to the extent herein stated. - - _. Certificate No."Metes -American Fire and Casualty Company Liberty Mutual Insurance Company - The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire 8 Casualty Company and The Ohio Casually Insurance Company are corporations duly organized under the laws of the Stale of New Hampshire that Liberty Mutual Insurance Company is a corporalionduly organized under the lawsoflhe Stale of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called Itis "Companies`), pursuant to ono by authodly herein set forth, does hereby nam, -constitute - and appoint, Gad A Johnson Greg Swenson Rodney A Hrooins Staci L. JavaTrabV L Forsythe v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o J aXeculed such instruments shall be as binding as if signed by the president and aft6ed by the secrelary. O O Certificate of Designation - The President of the Company, acting pursuant to .the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such -attomeys m fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as: surety any and all undertakings,. bonds, recognizances and other surely obligations. - Authorization -. By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified cepy of ahy power of attomey issued by the CompaOy m connec}ion with surety bonds shall be valid and binding upon the Company with. the same force and effect as though manually affixed.. _ 1, David M. Carey, the undersigned, Assistant Secretary, ofAmedcan Fire and Casuahy Core any, Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do. hereby ceddythat the odginal powerof attomeyofwhich the foregoing is a full, true and coned copy of the Power ofAfiomey executed by said Companies, is in full force and effect and has mil been revoked._ IN TESTIMONY WHERCOF r ha,e bereunto set my hand and affixed the seals of said Companies this day of , 2 J 111Y By. David M. Carey Assrs[anl Secretary 40 of 100- - LMS_12873_ 092012 - - all ofthe city of Boise - stale of ID -- each individually if there be more than one named, itsWe and lawru} attomey in fact to make execute, seal, acknowledge' and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, moognizances and other surety obligations,, In pursuance of these presents and shall be as binding upon the Companies as if they have, been duly signed by the president and attested by the secrelary of the Companies in their own proper persons,_ - IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate -seals of the Companies have been affix }hereto this 151h- day of October - 2013 s American Fire and Casualty Company , � % ' • The Ohio Casualty Insurance Company H p t'r ' Liberty Company ti libMl I oi l c ' int c 1 r West dpi S > ( American Insurance Company BY:_ STATE OF WASHINGTON ss- - - - Gregory... DavenportAssistant Secretary -. C COUNTY OF KING - - - - - - - - - m c On this 151h day of October 2013; before me personally appeared Gregory W. Davenport, who acknowledged himself to be the Assistant Secretary of American M O Fire and Casualty Company, Liberty Mutual Insurance Company, The Ohio Casually Company; and West Amedcan Insurance Company, and that he, as such, being aulhodzed so to do, T, ) execute the foregoing instrument for the purposes therein contained by signing on behalf of the: corporations by himself as a duly authorized officer. N W. - IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal al Seattle, Washington, on the day and year first above written. - C.E. p:C - p' , r By: FiL.Jli1.,�Ga•--, - O - 0 - - KD Riley NotJ4 Public- r- n°0 E This PowerofAltomey is made and executed pursuant to and by aulhodty of the following Bylaws andAuthonzahons ofAmedcan Fire and Casually Company, The Ohio Casualty Insurance . yo Company, Liberty Mutual Insurance Company, and West American Insurance Companyhich resolutions are now in full force and effect reading as follows: - w- ,po ,. ARTICLE IV -OFFICERS Section 12 Power of Ahorney. Any officer or olheroffrcial of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject YG% p to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact as maybe necessary to act in behalf of the Corporation to make, execute seal,:, acknowledge and deliver as surety any and all undertakings bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limdakons set forth in theirrespective °as powers of attorney, shall have full power to bind the Corporationby their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so '- y. executed, such instruments spall be as binding as if signed by the President and allested to by the Secretary. Any power or authority granted to any representallve or attorney-in-fact under >- the provisions of this article maybe revoked at anytime by the Board the Chairman the President or by the officeror officers granting such power or authority. ARTICLE XIII Execution of Contracts -SECTION 5 Surety Bonds and Undertakings Any officer of the Company authorized for that purpose in writing by the chairman or the president NI " C00 - and subjeclfo such limitations as tris chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in. behalf or the Company to make, execute EN seal, acknowledge and deliver as _surety any and all undertakings, bonds recognizances and other surety obligations. Such altorneys-in-fact subject to the limitations set forth in their w m v respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so O o J aXeculed such instruments shall be as binding as if signed by the president and aft6ed by the secrelary. O O Certificate of Designation - The President of the Company, acting pursuant to .the Bylaws of the Company, authorizes Gregory W. Davenport, Assistant Secretary to appoint such -attomeys m fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as: surety any and all undertakings,. bonds, recognizances and other surely obligations. - Authorization -. By unanimous consent of the Companys Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified cepy of ahy power of attomey issued by the CompaOy m connec}ion with surety bonds shall be valid and binding upon the Company with. the same force and effect as though manually affixed.. _ 1, David M. Carey, the undersigned, Assistant Secretary, ofAmedcan Fire and Casuahy Core any, Ohio Casualty Insurance Company Liberty Mutual Insurance Company, and West American Insurance Company do. hereby ceddythat the odginal powerof attomeyofwhich the foregoing is a full, true and coned copy of the Power ofAfiomey executed by said Companies, is in full force and effect and has mil been revoked._ IN TESTIMONY WHERCOF r ha,e bereunto set my hand and affixed the seals of said Companies this day of , 2 J 111Y By. David M. Carey Assrs[anl Secretary 40 of 100- - LMS_12873_ 092012 - - H U) LU w bON ro s z .N 8N A V) 0 U) to � N s 0 0 ILI O 10 0 0 v q 7 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: AGREEMENT FOR USE OF PRIVATELY -OWNED MOBILITY DEVICE Agreement for Use of Privately -Owned Electric Personal Assistive Mobility Device (Segway) by Parks Ambassador MEETING NOTES t jkN1 111' 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 USE OF PRIVATELY -OWNED ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (SEGWAY) BY PARKS AMBASSADOR This AGREEMENT FOR USE OF PRIVATELY -OWNED ELECTRIC PERSONAL ASSISTIVE MOBILITY DEVICE (SEGWAY) BY PARKS AMBASSADOR is made this _ day of May, 2014, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and David Harris, an individual person and a volunteer for the City of Meridian (hereinafter "Volunteer") (collectively, "Parties"). WHEREAS, Volunteer owns, as his personal property, an electric personal assistive mobility device, which is, as defined in Idaho Code section 49-106(1), a self -balancing two (2) nontandem wheeled device designed to transport only one (1) person, with an electric propulsion system that limits the maximum speed of the device to fifteen (15) miles per hour or less, known commercially by the brand name "Segway" (hereinafter "Segway"); WHEREAS, Volunteer is a participant in the City's Park Ambassador program, in which citizens volunteer to be present in parks to answer questions regarding park amenities, promote community programs and events, and observe park use; WHEREAS, Volunteer wishes to use his Segway for the purposes and in the manner set forth in this Agreement, and City has deemed it to be in the best interest of the public to allow such use by Volunteer, on an as -needed basis and where deemed appropriate by both Volunteer and City; and WHEREAS, among other things, City seeks by this Agreement to establish that City possesses no interest in Volunteer's Segway, insurable or otherwise; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Volunteer agree as follows: I. USE OF SEGWAY. A. Use discretionary. While Volunteer is on duty as a Park Ambassador, Volunteer may, at his election, use his Segway in the course and scope of fulfilling his duties as a Park Ambassador. B. Volunteer solely responsible. Volunteer shall be solely responsible for insuring, maintaining, repairing, storing, and transporting his Segway. City shall not provide insurance coverage of any kind for Volunteer's Segway or his use or possession thereof. City shall not contribute to any cost related to Volunteer's Segway or use or possession thereof while in any City park or facility, en route to any City park or facility, or on duty as a Park Ambassador. City shall not store or provide storage space at or in any City facility for Volunteer's Segway. Volunteer shall not leave his Segway unsecured and unattended in any City park or facility for any length of time. AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE I OF 3 C. Damage to City property. Volunteer shall employ best efforts to ensure that Volunteer's use and possession of Segway in or on City parks or facilities is appropriate and reasonable. Where Volunteer's use and possession of Segway in or on City parks or facilities causes damage to same, Volunteer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. D. Compliance with laws and standards. Volunteer's use of his Segway in or on City parks or facilities shall be consistent in all respects with the requirements and standards established by this Agreement and by any and all applicable federal, state and city laws, ordinances, regulations, resolutions, policies, and orders of the Director of the Meridian Parks and Recreation Department. Volunteer represents and warrants that Volunteer will use and possess his Segway in City parks or facilities in accordance with generally accepted standards and safety practices, including, but not limited to: 1. Volunteer will wear a helmet at all times when using Segway, without exception. 2. Volunteer has reviewed, is familiar with, and will comply in all respects with the Segway manufacturer's instructions and warnings. 3. Volunteer will use Segway only on improved level, smooth riding surfaces with adequate traction and free of obstructions. 4. Volunteer and/or cargo will not exceed the weight limit of Segway. 5. Volunteer will not allow any additional person to ride Segway, whether with Volunteer or alone. 6. Volunteer will use safe and appropriate loading and lifting techniques when transporting Segway. 7. Volunteer will always ride under control and at a speed safe for Volunteer and others. 8. Volunteer will yield the right of way to pedestrians, bicyclists, and dogs. 9. Volunteer will not park Segway in a way that impedes pedestrian traffic. E. Acknowledgment. Volunteer acknowledges that use of his Segway presents risks to himself and to others, some of which are unknown. Other than as specifically addressed in this Agreement, Volunteer agrees to assume all risks associated with the use of his Segway. F. Indemnification and waiver. Volunteer shall, and hereby does, indemnify, save and hold harmless, release and forever discharge City and its agents, employees, and officials 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 Volunteer attributable to or in the course of Volunteer's use or possession of Segway on or in City property, facilities, or equipment not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of any City premises, property, or facilities for use or possession of a Segway therein. Volunteer accepts the premises, property, and facilities as is, both at the Effective Date of this Agreement and when using or possessing Segway in same at all times hereafter. H. Assignment. Volunteer shall not assign or sublet all or any portion of Volunteer's interest in or obligations under this Agreement or any privilege or right hereunder. This Agreement and each AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE 2 OF 3 and all of the terms and conditions hereof shall apply to and are binding upon the respective parties' legal representatives, successors, and assigns. I. Termination. Either party may terminate this Agreement for any reason by providing written notice to the other via U.S. Mail or personal service. Such termination shall be effective immediately upon mailing or personal delivery. Notice. Communication between the Parties regarding day-to-day matters (e.g., issues related to scheduling) shall occur via e-mail or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Volunteer: David Harris Attn: City Attorney 6109 N. Duxbury Pier Place 33 E. Broadway Avenue Garden City ID 83714 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. K. 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. L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding shall 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. M. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. N. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of May, 2014. CITY OF MERIDIAN: 9���° At BY: CCGn . �erd Maw- / J , 11 - ace olman, City Clerk ekarlit Au.nt.cz, NUAe� AGREEMENT FOR USE OF SEGWAY BY PARKS AMBASSADOR PAGE 3 OF 3 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: WWTP NEW ADMIN BUILDING/LABORATORY FURNITURE APPROVA Wastewater Treatment Plant (WWTP) New Administration Building and Laboratory Furniture Approval for the Not -to -Exceed Amount of $138,973.36 and Authority for Purchasing Manger to Issue and Sign a Purchase Order 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 E IDIAN - Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: David Allison, Staff Engineer DATE: May 6, 2014 Mayor Tammy de Weerd CRy Council Membe"s Keith Bird Joe Borton Luke Cavener Genesis Milam Charles Rountree David Zaremba SUBJECT: WWTP NEW ADMINISTRATION BUILDING AND LABORATORY FURNITURE APPROVAL I. RECOMMENDED ACTION A. Move to: 1. Approve the Purchase Requisition for $138,973.36 for furniture off of the State Contract. II. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Clint Dolsby, Assist City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background Construction of the new administration building and laboratory at the W WTP is currently underway. Funding for new furniture was budgeted as part of the original construction project. Page I of 2 B. Proposed Project Furniture for the new buildings has been selected from the State Contract vendor, Office Environment Company. The approval of this Purchase Requisition will authorize the existing budget to be utilized to provide all furniture necessary to furnish the newly constructed office space. IV. IMPACT A. Strate ig c Im acct: This project is aligned with the expansion of the laboratory for increased NPDES permit requirements, as well as the predicted growth of staff at the WWTP. B. Service/Delivery Impact: Will allow for expanded service and protection of environment through regulatory compliance. C. Fiscal Impact: Project Costs Total Cost Proiect Funding Budget (3500-92000) V. LIST OF ATTACHMENTS A. Purchase Requisi o Form Approved for Council, Page 2 of 2 $138,973.36 $150,000.00 4 / ate Z Q Q � w _ z w N Q 3 $ O Y 0 G O Q m m LL J 0 e a m U a 0> 11 U K,`\ m N c (p O N 2 C n ❑Q 00 O '� p A� cQa W N N N V M W W Odom w W r yK (90 0 z DW m> Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4H PROJECT NUMBER: ITEM TITLE: RELEASE OF EASEMENT Release of Sewer Main Easement with Lynx Investments 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 E IDIAN*-- IDAHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake DATE: 4/30/2014 SUBJECT: Release of Sewer Main Easement I. RECOMMENDED ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba 1. Approve the Release of Easement (Instrument No. 394602, attached) as per the Memo of Understanding (attached) between the City of Meridian and Lynx Investments dated November 9, 2010. 2. Authorize the Mayor to sign the release of easement documents, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Warren Stewart, Engineering Manager Kyle Radek, Assistant City Engineer Brent Blake Brent Blake Warren Stewart, Engineering Manager 489-0350 489-0343 489-0340 Recommending Approval Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org ADA COUNTY RECORDER Chrislopher D. Rich AMOUNT .00 7 BOISE IDAHO 05/14/14 10:36 AM DEPUTY RECORDEChe -REQUEST OF �II ������������IIIIIIIIIIIIIIIIIIIIII Boise Cily 114036594 CITY OF MERIDIAN RELEASE OF EASEMENT WHEREAS, by easement dated January 10, 1956 and recorded on May 17, 1956 as Instrument Number 394602 of the records of Ada County, State of Idaho, Leo Marsters, Jr. and Lucile Marsters granted to the City of Meridian, an Idaho Municipal Corporation, a sewer main easement for the construction, operation and maintenance of a pipe line over and across the real property legally described and on Exhibit A, attached hereto and incorporated herein. WHEREAS, the continuance of this easement is no longer necessary or desirable. A separate easement that correctly identifies the location will be recorded and will not be affected by this release. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby release and abandon the said rights and easements hereinabove referred to and described, with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 13 day of Kjo 4 2014. CITY OF MERIDIAN 1�S`U AUpt By LCL n. �� -Tam", do We ,t ,Nd Pharl.'cotca �sS'dr� f�i�T1�iTAI�I*-, �z n_n�c�i ' ATTEST SAflS aycee . Holman, City Clerk ,ry E .glib, TRO' F STATE OF IDAHO ) ss County of Ada ) On this day of KA&I , 2014, before me, a Notary Public, personally appeared � and Jaycee L. Holman, know or identified to me to be the M and Clerk, respectively, 0 ie ity o Meridian, who executed the instrument on behalf of said City, ac n Cia r'�wIe"7Aed to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) S�GAA ONS • 0 Notaily Public for I aho Residing at: "e,rtk A n Commission expires: 0vl 4 MEMORANDUM OF UNDERSTANDING REGARDING THE FUTURE RELEASE OF A RIGHT OF WAY EASEMENT FOR SANITARY SEWER BETWEEN LYNX INVESTMENTS, LP AND THE CITY OF MERIDIAN THIS MEMORANDUM OF UNDERSTANDING is made and entered into this Ncvembe�r' day of October, 2010, by and between Lynx Investments, LP, a California Limited Partnership (Lynx) and The City of Meridian, Idaho (City), to establish a mutual understanding the future release of a Sanitary Sewer Easement currently held by City on certain real property owned by Lynx. WHEREAS, Lynx owns certain commercial real property located generally at the southeast corner of Cherry Lane and Meridian Road in the City of Meridian (the Property) upon which exists a sanitary sewer easement dated January 10, 1956, and recorded as Instrument Number 394602 in the records of Ada County, State of Idaho (the 1956 Easement'); and WHEREAS, Lynx has granted a new sanitary sewer easement to City and City intends to extend the sewer main located on the property to Meridian Road and eliminate the sewer main connection to Cherry Lane at such time as Meridian Road is reconstructed as part of the Ada County Highway District project known as the Split Corridor, Phase two; and WHEREAS, as part of the consideration for granting the new easement, Lynx would like to receive assurances from City that the 1956 Easement will be released, terminated, and extinguished at such time as the sewer main on the property is extended to Meridian Road. NOW, THEREFORE, the parties hereby agree as follows: MEMORANDUM OF UNDERSTANDING- 1 of 3 1. Lynx agrees to execute a sanitary sewer easement in the standard City form in the portion of the Property as depicted on Exhibit A to this agreement. 2. Upon completion of the Split Corridor Phase Two road project and the connection of the sanitary sewer to Meridian Road, City agrees to execute and record a Release of Easement pertaining to the 1956 Easement in substantial conformance with the sample document attached hereto as Exhibit B. 3. Prior to City's execution of the Release of Easement, Lynx shall seek written verification from City's Department of Public Works that the sanitary sewer has been connected to Meridian Road and that the 1956 Easement is no longer needed for City purposes. 4. Upon City's verification as set forth in Section 3 of this agreement, City shall execute the Release of Easement and record the same in the real property records of Ada County, Idaho. 5. In the event that the Split Corridor Phase two project is not completed or if the sanitary sewer is not relocated to Meridian Road, City shall not be under any obligation to execute the release of the 1956 Easement. 6. In the event that Lynx or its successor in interest fails to request the verification as set forth in Section 3 of this agreement, City shall have no obligation to execute the release of the 1956 Easement. 7. If a suit, action, or other proceeding arising out of or related to this MOU is instituted by any party, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, and costs (i) incurred in any settlement negotiations, (ii) incurred in preparing for, prosecuting or defending any suit, action, or other proceeding, and (iii) incurred in preparing for, prosecuting or defending any appeal of any suit, action, or other proceeding. Fol the purpose of this section, "attorney fees shall mean and include (i) attorney fees and (ii) paralegal fees. This section shall survive and remain enforceable notwithstanding any rescission of this MOU or a determination by a court of competent jurisdiction that all or any portion of the remainder of this MOU is void, illegal, or against public policy. 8. This MOU shall be construed and interpreted in accordance with the laws of the State of Idaho. The parties agree that the courts of Idaho shall have exclusive jurisdiction and agree that Ada County is the proper venue. 9. Time is of the essence with respect to the obligations to be performed under this MOU. 10. Except as expressly provided in this MOU, and to the extent permitted by law, MEMORANDUM OF UNDERSTANDING- 2 of 3 any remedies described in this MOU are cumulative and not alternative to any other remedies available at law or in equity. 11.The failure or neglect of a party to enforce any remedy available by reason of the failure of the other party to observe or perform a term or condition set forth in this MOU shall not constitute a waiver of such term or condition. A waiver by a party (1) shall not affect any term or condition other than the one specified in such waiver, and (ii) shall waive a specified term or condition only for the time and in a manner specifically stated in the waiver. 12.This MOU shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding the day and year first above written. LYNX INVESTMENTS LP sy Joseph arte, naging Partner CITY OF MERIDIAN, IDAHO Tammy dela, Mayor of rFo ti o Attest: Jaycee L. Holm City Clerk SEAL fQ iss �' q SUN I „,"11111111100 ` MEMORANDUM OF UNDERSTANDING- 3 of 3 r 1, MEMORANDUM OF UNDERSTANDING- 4 Of 4 xaeTRUMT No. 394602 f1 BOOP 31 PRE39 BIDET OF NAY EASEMENT This Indenture, made end entered into this XV day of January , 1956, by and between ],EO E. MARSTERS. JR.. and NARSTERS, HUSBAND AND WIFEr LU CILE / , of Meridian , ae grantor and the City of Meridian, Ada County, Idaho, a municipal corpora- tion, as grantee, WITNESSED: - WHEREAS, the said grantor Is the owner in fee simple of a parcel of land lying and being within the corporate limits of said City of Meridian, Ada County, Idaho, particularly described as follows: A strip of land 16 feet wide being 6 feet on each side of the following described centerline: Beginning at a po._nt that is 139.66 feet Last of the Boise Meridian and on the South boundary of the North 136 feet of Block 6, Nourse's Third Addition, Meridian, A da County, Idaho; thence extending Northerly to the North boundary of block 7, a point that is 139.8 feet, along the North Boundary of said addition, iron tho Boise .Ieridian. Also a strip of land 16 feet wide beins, 8 feet on each side of the following described centerline: Beginning at a point that is 388.97 feet Last of the Boise Meridian and on the oouth boundary of the North 136 feet of Block 6, Nourae's third Addition, Meridian, Ada County, Idaho; thence extending Northerly to the Porth boundary of Block 7, a point that is 359,4 feet along the North boundary of said Addition, from the Boise Meridian. Also a strip of land 16 feet wide, being the South 16 feet of the Bast 124.66 feet of the West i of the North 136 feet of flock b, ;iourse'n Third Addition, Meridian, ;1da County, Idaho. AND WHEREAS, the grantee herein desires to construct a pipe line for conveying sewage upon and across the above described land in connection with additional sewer lines and sewage treatment plant authorized by bond election in said city held August 30, 1955. THEREFORE, in consideration of the sum of one dollar (:;1.00) lawful money of the United States and other good and valuable con- sideration in hand paid, the receipt for which is hereby acknow- lodged, the undersigned, Leo a Marsters. Jr., and Lucile Marsr.ers, do_ hereby give and grant the City of Meridian, its successors, and assigns forever, the right to lay, maintain, operate, use, re- pair and remove a certain pipe line for conveying sewage through, over and across the above described real property for the purpose aforesaid. pool 31"►A090 Said pipe and. pipe linr'shell be laid under the surface of the ground and the soil ardund the same shall be packed reasonably level with the surface of the ground. The grantee shall at all times have full and free access to the right of way for said pipe line for any necessary purpose connected with the use, operation, repair and enjoyment of said pipe line, and shell have full and free access at all times through Its agents, servants and employees, to and across the above described lands of the grantor for all purposes connected with this easement. This easement and the considerations paid thereunder are agreed by the undersigned grantor to be in full settlement of all damages which in any way or manner may be sustained by reason of the installation, construction, repair, use and occupancy of the said pipe line thru and across the within described lands of the said grantors, except as herein specifically stated. DATED This 1V day of January , 1956. ANTOR STATE OF IDAHO ) 99. County of Ada On this V day of January , 1954, before me, the , undersigned, a Notary Public in and for said State, personally and wile, appeared Leo E. Marsters, Jr., and Lucile Marsters, husband/ , the person a who executed the foregoing instrument and acknowledged to me that _he (they) executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -Notary Public fon Idaho Residence; Meridi..,_M Tia ioo RTATa OF IDAHO, COUNTY OF ADA TW.Iwvwoent w.e Awd(orr.O,d ct Ne....e. W..,..j�(_tLy .[R.,Rmame, Po..rt/_lr;.o'elcek.(�Y., Wle L:i.A.v W"__ �.._Dp. VeaN THOMAS a, OWL, n.r a F:v Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 41 PROJECT NUMBER: ITEM TITLE: Water Main and Sewer Main Easement Harks Corner Water Main and Sewer Main Easement 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 5 BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler RECORDED -REOUESTOF III IIIIIIIIIIIIIIIIIIIIIIIIIIII�I��I� Boise City 114036595 WATER MAIN and SEWER MAIN EASEMENT THIS INDENTURE, made this day of 2014 between Franklin Investment Company LLC . the party of the first Ipart,and hereinafter called the Grantors and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantor desires to provide a water main and sewer main right of way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water and sewer mains are underground pipelines already constructed through the property; and WHEREAS, it is necessary to maintain, service, and subsequently connect to said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant, and convey unto the Grantee the right-of-way for an easement for the operation, maintenance, repair, and replacement of water and sewer mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of operation of water and sewer lines and their allied facilities, together with their maintenance, additional connection thereto, repair and replace- ment at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD the said easement and right-of-way unto said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED by and between the parties hereto that after making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the area of the easement and adjacent property to that existent prior to under- -taking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with use of said easement, for the purposes stated herein. Water and Sewer Main Easement Page I EASMT WTR THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully sized and possessed of the aforementioned and described tract of lane, and they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed their signature the day and year first herein above written. Managing Member STATE OF IDAHO) )ss County of Ada ) On this0 1* day of 2014, before me, the undersigned, a Notary Public in and for said State, perso sally appeared Larry Van Hees . known or identified to me to be a Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed year first above written. seal the day and y . NOTARY P C, IDAHO wee � `, Residing at M� My commission expires: 1"117- ousoc' ) i RVIT.KoffKAIN1r I TO Pa TIRT mak, 4�a GN"f Cha+ �c, Ca..�c; / P✓� i1iID1AN* Sp ibuNo a n EAL hest aycee L. Holman, City Clerk " dITA[, Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this (`Z day of "a,� , 20 jam, before me, the undersigned, a Notary Public in and for said State, personally appeared m1and Jaycee L. Holman, known to me to bee�irlap9r�nd, ity Clerk, res ttv-1y,—"r oity of Meridian, Idaho, and who executed the within insimen 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. N&PARY PUBLIC FOR IDAHO Residing at: Q� Commission Expires: p Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc EXHIBIT A WATER LINE AND SEWER LINE EASEMENT HARKSCORNER An easement for water and sewer lines in Lots l and 2 of the Van Hees Subdivision, the official plat for which is recorded in the office of the Ada County Recorder in Book 12 of Plats at Page 688, being located in the NE'/, NE%4 of Section 14, T.3 N., R.1 W.,B.M., City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at the brass cap monument in the intersection of S. Linder Road and W. Franklin Road which marks the northeast corner of said Section 14; thence, N.89' 13'17"W, 664.46 feet along the north line of said Section 14 (centerline of said W. Franklin Road); thence, 5.00'3343"W., 45.00 feet to a 5/8 inch rebar which marks the northwest comer of said Lot 1 of the Van Hees Subdivision; thence, S.00°3343"W., 72.43 feet along the west line of said Lot 1 to the POINT OF BEGINNING; thence, S.89'1416"E, 138.76 feet parallel with and 10 feet north of the existing water main; thence, S.00'45'24"W, 91.55 feet parallel with and 10 feet east of the existing water main; thence, S.14'08'29"E., 3726 feet parallel with and 10 feet east of the existing water main; thence, S.89-1 T 17"E, 68.95 feet parallel with and 10 feet north of the existing water main; thence, S.00'46'43"W., 30.00 feet along the terminus of the existing water and sewer easements as recorded in Instrument No.s 102003502 and 102003503; thence, N.89'13'17"W., 69.09 feet parallel with and 10 feet south of the existing sewer main; thence, around an existing fire hydrant five feet on each side of the service water line the following three courses: S.00`46'43"W., 3.81 feet; thence, N.89'13'17"W., 10.00 feet; thence, N.00'4643"E., 3.81 feet; thence, N.89' 13' 17"W., 22.60 feet parallel with and 10 feet south of the existing sewer main; thence, N.00"32'54"E., 20.00 feet along the terminus line of this sewer easement; thence, S.89' 13'17"E., 14.79 feet parallel with and 10 feet north of the existing sewer main; thence, N. 14-08'29"W., 44.90 feet parallel with and 10 feet west of the existing water main; thence, N.00'45'24"E., 74.17 feet parallel with and 10 feet west of the existing water main; thence, N.89' 14'36"W., 10.82 feet parallel with and 10 feet south of the existing water main; thence, around an existing fire hydrant five feet on each side of the service water line the following three courses: S.00'45'24"W., 9.06 feet; thence, N.89' 14'36"W., 10.00 feet; thence, N.00'45 24"E., 9.06 feet; thence, N.89° 14'36"W, 97.91 feet parallel with and 10 feet south of the existing water main to a point in the west line of said Van Hees Subdivision; thence, N.00'39'34"E, 20.00 feet along said west subdivision line to the POINT OF BEGINNII said easement containing 7,997 square feet or 0.184 acres, more or less. Prepared by: John S. Austin, Idaho PLS 5081 EXHIBIT B — T _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ N8973"17"W 664.46' FROM THE NORTHEAST CORNER OF SECTION 14 �o FRANKLIN ROAD I� �b — — N89'13'17"W i I i i ' I BUILDING ' I S8974 36'E 138.76" SEWER & WA TER NI EASEMENT L6 7 997 sq. ft. 0.184 acres w �I MI OI O z / iE R £D \ l �O�JR V £ y0�9p 5081 s 9), Q \V0 OF �p�2 N S. Pv/ 58973'17" 14.79" �u BU/LD/NG h op o. 0 o L PARCEL 4 h rn d'n BUILDING O vkc. S897J'17 E L1 47--- L INE 7— LINE TABLE Ll 3.81 SOO 46 43"W L2 10.00 N8973"17" L3 3.81 O 4643" L4 10.8 897436"W L5 9.06 5004524"W L6 1000 N897436"W L7 9.06 NOO4524"E / iE R £D \ l �O�JR V £ y0�9p 5081 s 9), Q \V0 OF �p�2 N S. Pv/ 58973'17" 14.79" �u BU/LD/NG h op o. 0 o L PARCEL 4 h rn d'n BUILDING O vkc. S897J'17 E L1 47--- L INE 7— HARKS CORNER WATER AND SEWER LINE EASEMENT IN LOTS 1 & 2 VAN HEES SUBDIVISION NEX NE9 SECTION 14 T.3 N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 0 0 40 CO 80 SCALE: O O Lo 1" = NI APRIL 21, w N89'35'11 O N :'1 0 O N O z I� I '*'oo o "oi I HARKS CORNER WATER AND SEWER LINE EASEMENT IN LOTS 1 & 2 VAN HEES SUBDIVISION NEX NE9 SECTION 14 T.3 N., R.1 W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO 0 20 40 60 80 SCALE: 2014 1" = 40' APRIL 21, ISTIN J SURVEYING 10636 CRANBERRY ST BOISE, ID 83713 208-377-9808 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 4J PROJECT NUMBER: ITEM TITLE: SEWER MAIN EASEMENT Sewer Main Easement at the Amended Plat of F.A. Nourses Third Addition Subdivision MEETING NOTES 171/ II pa 4e wk Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS E IDAN*-- I LHO TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake DATE: 4/30/2014 SUBJECT: Sewer Main Easement ACTION A. Move to: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba 1. Approve a Sewer Main Easement (attached) for the City of Meridian located at the amended Plat of F.A. Nourses Third Addition Subdivision. 2. Authorize the Mayor to sign the easement document, and the City Clerk to attest. II. DEPARTMENT CONTACT PERSONS Warren Stewart, Engineering Manager Kyle Radek, Assistant City Engineer Brent Blake Z'''/� Brent Blake Warren tewart, Engineering Manager 489-0350 489-0343 489-0340 Recommending Approval Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 t BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler RECORDED -REQUEST OF III I IIII 11111111 III II IIII IIIIIIII I'll Boise City 114036597 SANITARY SEWER MAIN EASEMENT THIS INDENTURE, made this Q3 day of Ktpu_, 2014 between Lynx Investments, LP, the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a sanitary sewer main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of a sanitary sewer main at the convenience of the Grantee over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of a sanitary sewer main and its allied facilities, together with maintenance, repair, replacement and subsequent connection thereto of sanitary sewer mains at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 1- 29-09.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Jos Huarte, Managing Partner STATE OF IDAHO ) ) ss County of Ada ) On this 7:i�6-day of Ocx&6e-1 , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared jaSeoij known or identified to me to be the Managing Partner, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. City of Meri( Sewer Main Easement 29-09.doc NOTARY PUBLIC FOR IDAHO Residing at: /0'g Gor y Commission Expires: 7 EASMT.SEW 1-29-09 1- GRANTEE: CITY OF MERIDIAN cc (-? . (Z� Tffi ft o_a r ��..,,,. eka -1,'e- ,tl �ee , Cocc,u,i l Pl2Si 0 ac,K,c� 'I/ 1� Attest b aycee L. Holman, City Clerk oan�;o w utast tS t,° 9 ow �cfry, of LFII)t IAN,— `��oneof JE.F1L r � f.. sR °�rde xnc��:ae. Approved By City Council On: `t-yjqW /3, —),D/y STATE OF IDAHO, ) : ss. County of Ada ) zo%4 On this._ f day of �-Ag� , 2WM, before me, the undersigned, a Notary Public in and for said State, personally appeared Ta 3�,, d Jaycee L. Holman, known to me to be the �ra�d Q�Clerk, respective y, o the Ity o eridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ageo =Lzt��� - NOTARY PUBLIC FOR AHO Residing at: C,rt v. IN Commission Expires: .203CD City of Meridian, Idaho Sewer Main Easement EASMT.SEW 1-29-09 1- 29-09.doe EASEMENT DESCRIPTION FOR THE CITY OF MERIDIAN, ADA COUNTY, IDAHO An easement for sanitary sewer purposes located in Government Lot 1 of Section 7, Township 3 North, Range 1 East, Boise Meridian, and being a part of Block 6 of the AMENDED PLAT OF F.A. NOURSE'S THIRD ADDITION as shown in Book 7 of Plats at Page 299 in the office of the Recorder, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northwesterly corner of said Government Lot 1 from which a brass cap monument marking the northeasterly corner of the NW %a of said Section 7 bears N 88°35'34" E a distance of 2404.56 feet; Thence N 88°35'34" E along the northerly boundary of said Government Lot 1 a distance of 132.80 feet to a point; Thence leaving said northerly boundary S 1°23'29" W a distance of 61.17 feet to the POINT OF BEGINNING; Thence continuing S 1 °23'29" W a distance of 59.54 feet to a point; Thence S 88°36'31" E a distance of 20.00 feet to a point; Thence N 1'23'29" E a distance of 61.86 feet to a point on the southerly right-of-way of Cherry Lane; Thence S 84'47'18" W along said southerly right-of-way a distance of 20.13 feet to the POINT OF BEGINNING. This parcel contains 1,214 square feet (0.028) acres and is subject to any other easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated September 27, 2013 Meridian City Council Meeting DATE: May 2014 ITEM NUMBER: 4K PROJECT NUMBER: ITEM TITLE: WELL SITE LEASE AGREEMENT - WELL 29 Well Site Lease Agreement with New Oaks LLC for Well 29 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 EIDIAN- Public I DAH O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: May 6, 2014 SUBJECT: WELL SITE LEASE AGREEMENT WITH NEW OAKS LLC L RECOMMENDED ACTION A. Move to: 1. Approve the Well Site Lease Agreement with New Oaks LLC. 2. Authorize the Mayor to sign the agreement. H. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Mayor Tammy de Weerd City Council Memboru Joe Borton Keith Bird Luke Caoener Brad Hooglun Charles Rountree David Zoremba A. Background It has been common practice for Public Works to acquire well lots from developing properties in order to continue to build the water supply infrastructure needed to support current and future development. The process of permitting and building a municipal supply well, then building pumping facilities takes about 3 years. To reduce the lag between land development and additional water supply, Public Works has asked developers to dedicate property by lease so work can begin before the subdivision is platted. B. Proposed Project The proposed lease will allow the design and construction of Well 29, for which FY 14 budget has already been approved. Page 1 of 2 IV. 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: Acquiring this property will enable the successful design and construction of Well 29 test well and follow on projects as appropriate. C. Fiscal Impact: There is no cost for the lease of the property which will be deeded to the City upon platting. A FY 14 budget of $210,000 has already been approved for design and construction of the test well and design of a production well. V. TIME CONSTRAINTS If the lease is approved, Public Works plans to have the test well constructed by the end of FY 14. VI. LIST OF ATTACHMENTS A. Well Site Lease Agre'ment Approved for Council Agenda: /'q ate Page 2 of 2 ADA COUNTY RECORDER Christopher 0. Rich BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler III I'lllll RECORDED—REQUEST OF Boise City WELL SITE LEASE AGREEMENT AMOUNT .00 15 111111111111111111111111111 11111 114036598 THIS WELL SITE LEASE AGREEMENT ("Lease") Is made and entered Into this 13 day of May, 2014, by and between NEW OAKS LLC, an Idaho limited liability company and its successors and assigns, hereinafter referred to as the "Lessor," and THE CITY OF MERIDIAN, IDAHO, hereinafter referred to as the "Lessee" or "City." RECITALS Lessor is developing The Oaks North and South Subdivisions (the "Subdivisions") within the City and has applied to the City for plat approval for the Subdivisions, The City will provide water service for the Subdivisions, and proposes to construct and operate a municipal ground waterwell and related facilities ("Municipal Well") within the Oaks South Subdivision that will be owned and operated by the City as part of its municipal water supply system to provide water to the Subdivision and to other areas within the City's municipal service area. The City intends to apply to the Idaho Department of Water Resources ("Department") for authorization to use the Municipal Well as a point of diversion for the City's water rights. To facilitate the City's application to the Department, Lessor and the City wish to enter into this Lease granting the City the rights of access and use and for well construction as described herein until such time as the Oaks South Subdivision plat is'approved with a dedicated municipal well lot and other easements or rights-of-way reasonably necessary or appropriate for operation and maintenance of the Municipal Well and diversion and distribution of water therefrom. Well Site Lease Agreement -1 2057158_4100747681 Lessor is willing to designate a well site lot on an approved plat for the Oaks South for the City to construct, operate and maintain the Municipal Well in the location depicted and described on Exhibits A-1 and A-2 hereto. AGREEMENT Lessor, for and in consideration of the above recitals, and the benefits, covenants and agreements hereinafter mentioned on the part and behalf of the said Lessee to be paid, kept and performed, does by these presents grant, demise and lease unto the said Lessee, and Lessee does by these presents hire, rent and lease from Lessor, that certain real property located on the following described real property, to wit: See Exhibits "A-1" and "A-2" (map of site & legal description) attached hereto and, by this reference, incorporated herein as if set forth in full (the "Leased Premises"). TO HAVE AND TO HOLD said Leased Premises, together with the appurtenances, privileges, rights and easements thereto belonging, and subject to all rights, easements, and encumbrances of record, unto the said Lessee for the rent and upon the terms and conditions as follows: RENT: Lessor and Lessee hereby waive monetary rent and agree that the mutual benefits provided herein constitute adequate consideration for this Lease. The mutual benefits include but are not limited to Lessee's ability to begin drilling a well In advance of platting and Lessor having the benefit of water service sooner that would otherwise be available. 2. T@RM: This Lease shall be for the term of ten (10) years, commencing on May 1, 2014 and terminate on April 30, 2024 (the "Lease Term"), unless extended or earlier terminated as provided herein. 3. USE OF LEASED PREMISES: Lessee covenants and agrees that the Leased Premises shall be used for a Municipal Well site, including pumping station and the construction thereof, and shall not be used for any other purpose or purposes without the prior written consent of Lessor. Well Site Lease Agreement - 2 2057166-4 007476-01 4. LEASE EXTENSION: Unless this Lease is terminated prior to the end of the Lease Term as provided herein, then this Lease shall automatically renew for additional one year terms, not to exceed five (5) additional years, unless otherwise agreed to in writing by the parties. 5. LEASE TERMINATION: The parties agree that notwithstanding the Lease Term provided above, this Lease shall earlier terminate when 1) a municipal well lot in the location of the Leased Premises and a Meridian City Well Waste Water Discharge Pipe Easement extending from the municipal well lot to Five Mlle Creek have been designated on the final Subdivision plat as approved by the City; and 2) the City has completed a producing Municipal Well on the Leased Premises; at which time the parties will record a Notice of Termination of this Lease. 6. MAINTENANCE: The Leased Premises is bare ground. During the term of this Lease, Lessee shall, at Lesee's sole cost and expense maintain the Leased Premises in as good condition as the same is in at the time Lessee shall take possession of the Leased Premises, reasonable wear, tear and damage by the elements excepted, subject to Lessee's obligation to control noxious weeds, and upon termination of this Lease in any manner, Lessee shall surrender said Leased Premises to Lessor in such condition. 7. TEMPORARY CONSTRUCTION AND EASEMENT FOR OVERFLOW FLUSH LINE FROM MUNICIPAL WELL TO FIVE MILE CREEK. Lessor also grants to Lessee during the Lease Term a temporary construction easement over and across the Subdivision in a location to be mutually agreed upon by the parties and as may be reasonably necessary for the City to access the Leased Premises with well drilling and completion equipment to construct the Municipal Well and equipment to construct an overflow flush line from the Municipal Well, and shall designate on the Subdivision final plat a permanent, twenty -foot wide non- exclusive easement over and across the Subdivision in the location depicted and described in Exhibits B-1 and B-2 hereto ("City Well Waste Water Discharge Pipe Easement') for installation, operation and maintenance of the overflow flush line. Well Site Lease Agreement - 3 2057166 41007476 81 B. ALTERATIONS AND IMPROVEMENTS: Lessee shall have the right to make alterations and Improvements to the Leased Premises by the construction of the Municipal Well thereon and the addition of such other improvements consistent with ongoing operation and maintenance of the Municipal Well and the diversion and distribution of ground water therefrom. Lessee shall maintain all such alterations and improvements made by Lessee in a neat and orderly condition and consistent with all Covenants Conditions and Restrictions ("CC&Rs") and all design guidelines applicable to the Leased Premises. Except as otherwise agreed by Lessor and Lessee by separate written agreement, upon the termination of this Lease, the Municipal Well and related improvements as shall have been added or made by Lessee shall not revert to the Lessor, and shall not become a part of the Leased Premises. Lessee's construction, and subsequent operation, maintenance, repair, replacement, removal or abandonment of the Municipal Well and other improvements shall comply with all Covenants Conditions and Restrictions ("CC&Rs"), all design guidelines applicable to the Leased Premises and all requirements and standards of the Department for construction, operation and/or abandonment of ground water wells. Prior to construction of the Municipal Well, Lessee shall obtain design approval from the Subdivision architectural control committee utilizing the procedure set forth in the CC&Rs, which approval shall not be unreasonably withheld. If Lessor does not yet have recorded CCRs or duly adopted design guidelines in place when Lessee is prepared to construct the Municipal Well and associated improvements on the Leased Premises, Lessee agrees to submit to Lessor Lessee's design plans and specifications for all above ground improvements intended to be constructed on the Leased Premises for review and approval by Lessor or Lessor's designee. Lessor will promptly process and approve Lessee's design plans and specifications, provided they. 1) are not inconsistent with the overall community and aesthetic concepts for The Oaks South Subdivision; and 2) incorporate appropriate considerations for screening, buffering, signage, landscaping, dimensions, setbacks, and adjacent residential and pedestrian uses as Well Site Lease Agreement - 4 2051166_4100747661 contemplated by Lessor's submitted development plan and application for plat approval and/or required by Lessee's conditions and standards of approval of same. 9. COMPLIANCE WITH LAW: Lessee agrees to comply with all municipal, state and federal laws, rules, regulations and ordinances governing its use of the Leased Premises and Municipal Well and to do all things necessary to stay in compliance with the same, 10. UTILITIES: It is expressly agreed that during the full term of this Lease, Lessee shall fumish and promptly pay for any utilities required for the Leased Premises and improvements at Lessee's own cost and expense. 11. TAXES AND ASSESSMENTS: Lessee shall pay all real estate taxes and other assessments of any kind levied against the Leased Premises during the term of this Lease as the same become due. 12. ASSIGNMENT OR SUBLEASING: Lessee shall not assign this Lease nor sublet to any other lessee the Leased Premises or any portion thereof, without Lessor's prior written consent; provided, however, such consent shall not be unreasonably withheld by Lessor. 13, LABOR CONTRACTS AND EMPLOYEES: The parties expressly covenant and agree that all labor contracts and employment agreements with employees or contractors providing services or materials to or construction upon the Leased Premises shall be made directly with Lessee and that all such employees and contractors shall be deemed solely the employees or contractors of Lessee and in no way employees or contractors of Lessor. Lessee covenants and agrees to keep the Leased Premises free and clear of any claims, including but not limited to mechanics or materialmen's liens, and to indemnify and hold harmless Lessor of and from any liability for any acts of employees of Lessee or any acts of persons working for Lessee under a labor contract, 14. WASTE PROHIBITED: Lessee shall not commit any waste or damage to the Leased Premises nor permit any waste or damage to be done thereto. Well Site Lease Agreement - 5 2057166_Al 00747MI 15. LIABILITY: Lessor shall not be liable for any injury or damage which maybe sustained by any person or property of the Lessee or any other person or persons resulting from the condition of the Leased Premises or any part thereof, or from the street or subsurface, or from any other source or cause whatsoever, nor shall the Lessor be liable for any defect, latent or otherwise, in the Municipal Well or structures erected on the Leased Premises, and Lessee agrees to Indemnify and hold harmless Lessor from all such liability. 16. LIABILITY INSURANCE: Lessee shall maintain a comprehensive liability insurance policy covering the above -demised premises during the term of this Lease with a responsible insurance company, all at the sole cost and expense of Lessee, in the names and for the benefit of Lessee and Lessor as co -insureds in the sum of $500,000.00 single -limit coverage. 17. FIRE AND EXTENDED COVERAGE INSURANCE: Lessee shall maintain fire and extended coverage on the Municipal Well and other improvements to the Leased Premises and Lessor shall be under no obligation to maintain any fire or extended coverage insurance thereon. 18. CONDEMNATION: If the entire Leased Premises, or a substantial part thereof, are condemned or taken by purchase in lieu thereof, then this Lease shall terminate as of the time possession Is taken, 19. LESSOR'S RESTRICTIONS: Lessor further covenants and agrees that it will not construct, or allow to be constructed, any subsurface waste water or stormwater disposal facilities within 125 feet of the boundaries of the Leased Premises. 20. DEFAULT AND FORFEITURE: Time and the strict and faithful performance of each and every one of the conditions of this Lease are expressly made the essence of this Lease. If Lessee defaults in the keeping, performing or observing of any of the covenants and agreements herein contained and such default shall remain uncured for a period of thirty (30) days after written notice shall have been sent by certified or registered mail to Lessee as hereinafter provided, then in such event the Lessor may, at Lessor's election, Well Site Lease Agreement - 6 205716G_41007476 81 either in law or equity, seek specific performance of this Lease or may declare said term and Lease forfeited and terminated and may re-enter the Leased Premises to repossess and enjoy the same as in their first estate, and the effect of such default shall in itself, at the election of Lessor, without further notice or demand constitute a forfeiture and termination of this Lease, and if thereafter the Lessee shall fail to surrender possession of the Leased Premises to Lessor, the Lessee shall be deemed guilty of an unlawful and forcible detention of the Leased Premises. If Lessee shall abandon or vacate the Leased Premises, or If this Lease be terminated for default of any of the covenants and agreements herein contained, Lessee hereby agrees to pay all reasonable expenses incurred by Lessor in obtaining possession of the Leased Premises from Lessee, including reasonable legal expenses and attorney's fees, and to pay such other expenses as the Lessor may Incur in putting the Leased Premises in good order and condition as herein provided, and also to pay all other reasonable and necessary expenses or commissions paid by Lessor in re-leasing the Leased Premises. In the event of notification of default by Lessor to Lessee and Lessee does in fact cure such default, then and in that event Lessee shall pay, in addition to all arrearages as existing under the notice of default, the reasonable attorneys fees incurred by Lessor in determination of the default and the notification to the defaulting Lessee. 21. INDEMNIFICATION: During the term of this Lease (and thereafter, for incidents occurring during any term of this Lease) Lessee shall indemnify, defend and hold harmless Lessor against any and all claims, liabilities, damages, expenses (including reasonable attorney fees), judgments, proceedings and causes of action of any nature arising from: (t) injury to or death of any person, or damage to or loss of any property occurring on, in or around the Leased Premises, or (ti) growing out of connected with the use, condition or occupancy of the Leased Premises or (iii) losses resulting from a breach of this provision of this Lease. This obligation to indemnify shall be limited to the acts or omissions of Lessee or its officers, contractors, licensees, agents, servants, employees, guests, invitees or visitor and not caused by the Well Site Lease Agreement - 7 2051156,410D7476 -01 negligence or other wrongful act of omission of Lessor, or Lessor's officers, employees, or servants, Lessee's obligation to indemnify shall survive the satisfaction of this Lease. 22, ATTORNEY'S FEES; In the event an action is brought to enforce any of the terms or provisions of this Lease, or enforce forfeiture thereof for default thereof by either of the parties hereto, the prevailing party in such action or collection shall be entitled to recover from the other party its reasonable attorney's fee and costs, together with such other costs as may be authorized by law. 23. NOTICES: All notices required to be given to each of the parties hereto under the terms of this Lease shall be given by depositing a copy of such notice in the United States mall, postage prepaid and registered or certified, return receipt requested, to the respective parties hereto at the following address: Lessor: New Oaks LLC 3103 W. Sheryl Drive Meridian, ID 83642 Lessee: City of Meridian 33 E. Idaho Meridian, ID 83642 or to such other address as may be designated by writing delivered to the other party. All notices given by certified mail shall be deemed completed as of the date of mailing except as otherwise expressly provided herein. 24. REPRESENTATIONS: It is understood and agreed by and between the parties hereto that there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character excepting those set forth in this Lease. 25. BINDING EFFECT: The provisions and stipulations hereof shall inure to the benefit of and bind the heirs, executors, administrators, assigns and successors in interest of the respective parties hereto. Well Site Lease Agreement - 8 2057158_41007476-01 28. SITUS: This Lease is established and accepted by the Lessee under the laws of the State of Idaho, and all questions concerning its validity, construction and administration shall be determined under such laws. 27, HEADINGS: The bolded paragraph headings are for convenience only and are not a part of this Lease and shall not be used in interpreting or construing this Lease agreement. 28. SEVERABILITY: If any portion or portions of this Lease shall be, for any reason, invalid or unenforceable, the remaining portion or portions shall nevertheless be valid, enforceable and carried into effect, unless to do so would clearly violate the present legal and valid intentions of the parties hereto. [end of text] Well Site Lease Agreement - 9 2057166_4100747661 "Lessee" CITY OF MERIDIAN, IDAHO " 11. By: CCG (L— "IT! F A U,t' n rCity"f lonxo s r SEAL STATE OF IDAHO ) ) ss. County of Ada ) On this �_ day of "-0,-q , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared and Jaycee Holman., known to me to be lhg_ ay agd ��k of the CITY of Meridia , a o executed the within instrument, and acknowfea ed'ro me e 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. GA J04 •. ;dv5 pSAIR� cP�: (SEAL) -*Pio... • 6... Well Site Lease Agreement -11 2057166_4100747681 NO ARY PUBLI FORIDA RESIDINGAT:-pruixam (� MY COMMISSION EXPIRES. vi •aoao IN WITNESS WHEREOF, Lessor and Lessee do execute this Lease effective the day and year first above written. "Lessor' NEW OAKS LLC 1 Thomas M. Coleman Jr., Manager STATE OF IDAHO ) ) ss. County of Ada ) On this day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Thomas M. Coleman Jr., known or identified to me to be the manager of New Oaks LLC who subscribed said New Oaks LLC's name to the foregoing Instrument and acknowledged to me that he executed the same in said limited liability company's name. ••••p�pO�p (SEAL) �� UBLIC FOR IDAHO /�pTARp 0 RESIDING AT: - Goal '^ s4�G �Q MY COMMISSION EXPIRES: Well Site Lease Agreement -10 20e7150e4r007M 1 EXHIBIT A-1 29 128 W McWMN RD S 68'16'50' E 2635.25' p 28 1/4 32 33 BASIS OF BEARING -33 a RROpaSEQ OAKS SOUTH sug0° II,--------------- --- _------------------------------ - ----------------- POINr Or EC110NC S 86'27'21_E 120.00' j w PROPOSED CITY OF MERIDIAN WELL LOT 19,567 SF 045 AOKS +/- F I Iw N B8'2T21' W 126.00' 7(, ,S PROPOS O II�ERIM LIFT STATION AND PRESSURE SEWER II SCALE I° -5o' MERIDIAN CITY WELL LOT ENGINEERING DWC.DATE 04/25/14 PROPOSED OAKS SOUTH SUBDIVISION SOLUTIONS PROJ. NO, 140325 SHEET 1 OF 1 LOCATED IN THE NW 1/4 SECTION 33 102 T 3642100 . TN, A CO TY, MERIDIAN, ADA COUNTY, IDAHO MERIDIAN,AIIDAHOIO Phom (206) 930.0900 Foo (206) 036-0941 140325—E%6T.pWp hkh Well Site Lease Agreement - 12 20385124 / 007476-81 EXHIBIT A-2 April 25, 2014 DESCRIPTION FOR MERIDIAN CITY WELL LOT PROPOSED OAKS SOUTH SUBDIVISION A parcel of land located In the NW '/ of Section 33, T. 4N., RAW., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of the said Section 33, from which the North 1/4 corner of said section bears South 89016'58" East, 2635.25 feet; thence along the west boundary of the NW Y4 of said section South 00032'39" West, 549.70 feet; thence leaving said boundary South 89°27'21" East, 80.72 feet to the POINT OF BEGINNING; thence continuing South 89°27'21" East, 120.00 feet; thence South 00032'39" West, 163.02 feet; thence North 89°27'21" West, 120.00 feet; thence North 00°32'39" East, 163.02 feet to the POINT OF BEGINNING. Containing 19,562 SF (0.45 acres), more or less. Well Site Lease Agreement - 13 2038512 /007476-831 140325/140325-larev.doex EXHIBIT B-1 I _ 29 28 W UW111AN RD. S 8716'58" C 2635,25'28 1/4 ---- — — y OASIS 4F EMMG _ 33la _ I AC,.J � 6U�/ �\ I!L`-BEGINNINo PCYNT EI_20O.7_J.'"-- L -N 9ff08'00" E s.na' W r9re D M I I I ID� FROPMD NIE991 l91 91ATO Luo F KSWK 9E.E9 'I II I ;I I10 'I ~1 11 ID• OrF SITE EASEMENT AREA TO BE COWRFO I DY SEPARATE NMID LICENSE A(dPEE41ENT w Tat u9d9 --. __ SCALE I".IDD' MERIDIAN CITY WELL WASTEWATER ENGINEERING DWG,DAIC 03/26/14 E . DISCHARGE PIPE EASEMENT SOLUTIONS NNo�. N0. 1 M1o325 PROPOSED OAKS SOUTH SUBDIVISION SOLU1Ir/ ON�7 SHEET 1 OF ) LOCATED IN THE NW 1 SECTION 33 1029 N, ROSARIO MERIDIAN, IDAHO 83642100 TAN., RAW.,., B.M.M MERIDIAN, ADA COUNTY, IDAHO Poor (709) 978-0909 ro. (709) 099-0941 140325-fM81.DWC 9N6 _ _ Well Site Lease Agreement -14 7036512„4100747861 EXHIBIT B-2 March 26, 2014 DESCRIPTION FOR WELL WASTE WATER DISCHARGE PIPE EASEMENT PROPOSED MERIDIAN CITY WELL LOT PROPOSED OAKS SOUTH SUBDIVISION An easement located in the NW Yn of Section 33, T. 4N„ RAW,, B.M., Meridian, Ada County, Idaho, being a strip of land 20.00 feet In width, covering the 10.00 feet on either side of the following described centerline: Commencing at the Northwest corner of the said Section 33, from which the North'/ corner of said section bears South 89°16'58" East, 2635.25 feet; thence along the west boundary of the NW'/ of said section South 00°32'39" West, 606.09 feet; thence leaving said boundary North 90°00'00" East, 200.73 feet to the BEGINNING POINT of said easement centerline; thence continuing North 90°00'00" East, 6.00 feet; thence South 00°32'39" West, 487.05 feel to the ENDING POINT of said easement centerline. 140325/140325-e,ise.docx Well Site Lease Agreement -15 2038512_4 1007476.81 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: VALLEY REGIONAL TRANSIT ANNUAL REPORT Valley Regional Transit Annual Report by Kelli Fairless 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 valleyregionaltransit Just the Fa MAY 13 2094 Planning forcnl'f MWE WHAT IS THE VALLEYCONNECT PLAN? Valleyconnect offers a blueprint of the comprehensive alterna- tive transportation system needed, given the growth projections and regional and local land use and road plans. This plan will serve as a guide to the region as individuals components are implemented to ensure that each piece builds logically toward the complete system. WHAT ARE THE HIGHLIGHTS OFTHEPLAN?The philosophy behind Valleyconnect is a simple one — pro- vide individualized components for both rural and urban entities that also work together as a comprehen- sive alternative transportation system for the Treasure Valley. In addition to these individualized plans, other components of the plan include: 1). Providing levels of service based on need. 2). An expanded Ridel-ine customer service department that will offer comprehensive information about available alternative transportation options. 3). Commuter service options including vanpools, carpools and telecommuting. 4). GoRide, a group of community-based transportation services designed to move people when and where more traditional transit and commuter services are not available. 5). Improved infrastructure, including more Park & Ride lots, bike/walk facilities, transit centers, high oc- cupancy vehicle lanes and dedicated rights-of-way. • WHAT IS THE TIMEFRAME/COST OF THE VALLEYCONNECT PLAN? Valleyconnect does not establish a specific implementation schedule. Individual components of the plan will be implemented as federal and local funds can be identified. The order of implementation will be impacted by the specific source of the funding. Services within a community will be prioritized to ensure a local progression of implementation. JI mill 11 IIIWIIII r WHAT IS THE VALLEYCONNECT PLAN? Valleyconnect offers a blueprint of the comprehensive alterna- tive transportation system needed, given the growth projections and regional and local land use and road plans. This plan will serve as a guide to the region as individuals components are implemented to ensure that each piece builds logically toward the complete system. WHAT ARE THE HIGHLIGHTS OFTHEPLAN?The philosophy behind Valleyconnect is a simple one — pro- vide individualized components for both rural and urban entities that also work together as a comprehen- sive alternative transportation system for the Treasure Valley. In addition to these individualized plans, other components of the plan include: 1). Providing levels of service based on need. 2). An expanded Ridel-ine customer service department that will offer comprehensive information about available alternative transportation options. 3). Commuter service options including vanpools, carpools and telecommuting. 4). GoRide, a group of community-based transportation services designed to move people when and where more traditional transit and commuter services are not available. 5). Improved infrastructure, including more Park & Ride lots, bike/walk facilities, transit centers, high oc- cupancy vehicle lanes and dedicated rights-of-way. • WHAT IS THE TIMEFRAME/COST OF THE VALLEYCONNECT PLAN? Valleyconnect does not establish a specific implementation schedule. Individual components of the plan will be implemented as federal and local funds can be identified. The order of implementation will be impacted by the specific source of the funding. Services within a community will be prioritized to ensure a local progression of implementation. Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PRESENTATION AND POTENTIAL SELECTION OF NEW BUS ROUTE Presentation and Potential Selection of Bus Route Service 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 May 8th, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Manager e* Kelli Fairless, VRT Executive Director SUBJECT: Bus Route Options May 13, 2014 City Council Workshop Agenda Item Valley Regional Transit has been working with the City of Meridian and a small steering committee to develop a ValleyRide fixed -line route that would serve the city on Saturdays. The City of Meridian will provide up to $60,000 in funding for the service. If a route concept is approved by Council during the May workshop, the route would begin in August 2014. Meridian is currently serviced by two ValleyRide Bus routes - the Route 40 Nampa/Meridian Express and Route 42 Nampa/Meridian Limited Stop. These two routes operate on weekdays and are primarily designed to get commuters to and from school and work. The proposed new route would provide Saturday -only bus service to various locations within the city. Possible stop locations include shopping centers, downtown businesses and city parks. The route would operate a minimum of six hours and up to nine hours. Two Saturday routes were developed and discussed with the public and other stakeholders; Route 2 has three variations. Route 1 would provide service between Boise Towne Square Mall and various locations in Meridian. Route 2 (and all 3 variations) would circulate solely within the City of Meridian. Routes were reviewed by a focus group made up of local business owners, elected officials and residents on February 27, 2014. Some route changes were made based on suggestions from that meeting. Below are links to the four options under consideration (please note that the circles on the map represent destination sites and not bus stops): Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone208-884-5533. Fax208-888-6854. www.meridiancity.org Page 2 ROUTE 1: http://www.vallevreg ionaltransit. com/Portals/0/Projects/MeridianService/ServiceAlternative 1. ina This route option would begin at the Boise Towne Square Mall (a transfer point for ValleyRide Boise bus service), travel along Fairview to serve Kleiner Park and The Village, continue to travel west on Fairview to Meridian Road. The route would turn right on Meridian Road, turn left on Ustick, turn left on Linder, turn left on Pine, turn left on Meridian Road, and right back on Fairview. Service would be from 10 a.m. to 4 p.m. Saturdays. ROUTE 2 OPTION A: http://www.vallevre_qionaltransit.com/Portals/0/Projects/MeridianService/ServiceAlternative2A. ipg The entire route would operate within the city of Meridian. It would provide service along sections of Eagle Road, Fairview, Meridian Road, Ustick, Linder, Pine and Overland. Service would be from 10 a.m. to 6 p.m. Saturdays. ROUTE 2 OPTION B: http://www.vallevregionaltransit.com/Portals/0/Projects/MeridianService/ServiceAlternatives2B. ipq This route is similar to Option 2A. The only difference is that the bus would head west on Fairview to Ten Mile Road, south on Ten Mile Road to Pine and Pine east to Meridian/Main. Service would be from 10 a.m. to 6 p.m. Saturdays. ROUTE 2 OPTION C: http://www.vallevregionaltransit.com/Portals/0/Projects/MeridianService/ServiceA]ternative2C. ipq This route is similar to Option 2B. There are two differences: the bus travels on Linder southbound instead of making the Cherry Lane/10 Mile/Pine to Linder loop, and the route serves Ustick Road between Eagle Road and Linder instead of Fairview. Service would be from 10 a.m. to 7 p.m. Saturdays. The Meridian Bus Service Steering Committee met to discuss a preferred route on May 2"d During that meeting, the Committee agreed to recommend Route 2B as the preferred route concept, with two buses traveling simultaneously in opposite directions — one clockwise and one counter -clockwise. During the May 5th Meridian Transportation Commission (TC) meeting, VRT Executive Director Kelli Fairless, ran -through the bus route options with the TC. The TC voted to endorse Route 2B, recommending Council also vote to move that route concept forward. During the May 13ffi Council workshop, staff from the City and VRT will summarize the public input received, and provide more details about how the service will work, including next steps. Staff requests that during the May 13th meeting, the Council make a formal motion on which route concept (if any) to fund. Assuming the Council chooses a route during the workshop, it should be operational in August. Flll`�'1NO' Q x N 1 C S Q +e 0.i l��� �fHv rya�ry 11 14? Ity°I .1 ke�3 p, CZ f 0 N� LV 0 h M prj 6} 11 Oi PN.I/. jN PN 11111 SII Ih��':ll inWN ry� ' LO ; O � m,t a. „IHT I r It it ce� it F- . CL a) t in a° �° 1 r 11` 0II c X 110 — .N fi q I VV � J 7 Q 6666c� �j.0 �VN ^'ix W �" IFfure nilN C C � " O S. 4 �.a cog I� pef b�V 4uuN Tt �iVu�l 4RJ pl qal iap i4 n. �� rliA l+'h �aLnry li Page 5 r * O ' C 3 F e itl��Ovl WN ' �i" eN• T k T S 5 L Lo h Q W X h a N I! a AC fl I� 9 L IAA w C � ;42 C Few N�slN e✓- ) ir ix W C) N �c z o vO.J r�i. tasL�. rekN oat b 18 Page 6 •I`�iv 11 5 1 +I•`q. 1 �Irvw Y t f Q IDIY •I M1I C Y F S Y Ot7 'I.• 1` L' M.e•I n4a 1 CL w 11 �l tC i uj W W O � � v � }4 IH .Ix•:.�, a a£,Eo a a W � ? rCL �► TF- V P�yd v"tN IJ•fi +a, C: `M r: .•, 1-111 � Y _ E N '00 w 110 C II 010 , 4 v4 fk^1v Page 7 � i• I y 5 ■ L P d Y kJ p � Q WOO 93 � S �♦y��ill, 1'Nif iy Y .Y) v) �'� V /0 `mar r � i iMJ h �E ��IYYWI�T 7 i4 E E cr m q m N n g� �. E 10 LL 6� k i d E °f O O F "6":4 ,N 9�-• Y+ R{� IY�+IFA r^5o 11 Page 8 Y I a yv+ 2 a o m F w g� 11 cr i L .cam lj •all .uN,y � , C EE k �° 3 If i! a7 Rr LF C jQ C Gw :. It Of oo'E c a it !M y � tl (tt7 g0bf f5F s cslvY ufJ 1t �Nely'r l � ltiT � iC �tM1 l.� k'�{N Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: ANNUAL UPDATE BY ADA COUNTY ASSESSOR Annual Update by Ada County Assessor Robert McQuade MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 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: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT STRATEGIC PLAN UPDATE Community Development Department: Strategic Plan Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: ECONOMIC DEVELOPMENT PRESENTATION Economic Development: Presentation of Draft Recommendations of the Economic Development Audit/Strategy and Fields District Findings by Pegasus MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Mav 13. 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT - UDC AMENDMENT Community Development: Unified Development Code (UDC) Amendment Process Discussion 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 Mayor Tammy de Weerd City Council Members: C�N#%, E IDIAN� Keith Bird Joe Boila n i+ Luke Cavener Genesis Milam IDAHO 7 Charlie Rountree David Zaremba August 8, 2013 MEMORANDUM TO: Mayor Tammy de Weerd, City Council Members CC: City Clerk FROM: Justin Lucas, Planning Supervisor RE: Potential Unified Development Code Text Amendments and Process for Future Changes May 13, 2014 City Council Agenda Item Executive Summary Over the last several months staff has identified multiple sections of the UDC that should be considered for amendment. Some of the potential changes are relatively straight forward; while others are more complex and may have broader policy implications. Based on direction from the Mayor and Council during the last round of UDC changes staff is proposing a two-step approach for this round of UDC updates. The first step relates to several "clean-up" items that staff believes should move forward through the standard amendment process. The second step is the formation of a UDC Workgroup (see attachment 2) consisting of City Staff and professionals from the development community to work though more complex issues in the UDC. The UDC workgroup would be used for all future amendments to the UDC. Background Since the adoption of the UDC on September 15, 2005, the UDC has been amended various times to ensure it is current, comprehensible, efficient, and enforceable. As issues with the UDC are discovered staff maintains a list of potential changes. Staff then presents these proposed modifications to the Planning and Zoning Commission and City Council on a regular basis for direction, input, and amendment. Prior to proposing any changes to the UDC Community Development Staff seeks input from various City Divisions (Police, Fire, Legal, Parks, etc.) and the development community. Based on these discussions staff summarizes the comments and proposes changes to the UDC. The attached table contains the sections of the UDC that are being considered for modification at this time. Staff has identified a potential solution for the "clean up" items, but plans on seeking input from a UDC workgroup (see attachment 2) prior to proposing any changes for the more complex issues. Staff is seeking Mayor and Council Direction on the proposed changes to the UDC and the overall process that is proposed. Next Steps Based on the input received from the Council at the May 13, 2014 workshop staff will prepare an official UDC Text Amendment application for the clean-up items. This application will be reviewed by the public, the Planning and Zoning Commission and the City Council. Staff will also convene the UDC workgroup to begin discussions on the larger policy level changes. Attachments: 1. UDC Text Amendment Table dated 5/5/14 2. Zoning Ordinance Amendments SOP � C C � '^ O U J N H UN b0 E a 00 a C Q a o 'O C O h J tco 0 O p L d to C E .0 E 'xa 9 E a u ¢ ^ p w m E v E u O N E ate+E 9 ci va oL E_N Y .+ w c E vE 3 Fav c m O X a c a E w N— yvvi N E u C v 'NO N N 'E L L CU C W O N O N 10 1O L Y O _N J U f0 n N -p J N a N N� y� N L a E Y N Y N U .O m O w N Q W d f0 f0 d m N Y d N N p %•R N U d E N a f0 d y c C a C p o m O .y O_ C a pXj N L a i ty C u N L m N N Z, v Y +�-• N .� X m E fl. U N N Ol N p C '6 N a y 'N C U L Y U d Y a ice.. 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O' W m D v N— N Y U >, O� C N d L UI .O N L J J L Y m m F-- 70 m m 0 C � C in N C a a� m � � of N N M Q 7 N U ei N F ci v a Yv > > a c u v m m m a = N 10 UI U m � N m C C � W N O J N :�- E 2 v N O J E ZD E C p hp Y U N m m o E a m E U ♦+ N pp Y t t O. v � Y Y w o m m a D m a E o a u v v m •> w 3 r> U L o `m � a• v Y 3 0 '^ a J O E N Y N d U p N> O ,C b C Y C N 3 N W m m m J b0 J U N m bo C N m m a C Y p co E '++ r o E w m E > m w c Ou Y N O a 0 p m — yJ. w o C a DD C — 7 = L en o L% p m > U C C U1 pC > N m u N YE ct c m u m OU N m C L io E 'c ' E uJ o0w o� Q)E LL � m C N C O a C C C N o m •N E ow o EE c 3 ao no mm m e mQ O m V i mC O p N m D m C m m u— K U' O_ VI O n n ti 6 m m N w M tavl m ut to V M m Zoning Ordinance Amendments Purpose The purpose of this document is to outline the process by which the City of Meridian Community Development Department will propose changes to the Unified Development Code (UDC). Changing the UDC should be a transparent and open process during which staff works directly with the development community and other interested parties to: 1. Identify issues with the UDC; 2. Develop proposed solutions that have broad support; and 3. Present clear recommendations to the Planning and Zoning Commission and City Council Process In order to maintain a process for UDC amendments that is predictable and efficient staff will follow the following steps: 1. Approximately two (2) times per year (semi-annual) Planning Staff will initiate the UDC amendment process 2. The Planning Supervisor will maintain a running list of potential UDC amendments 3. Through a UDC Workgroup planning staff will coordinate directly with the development community and other affected/interested parties early in the process to gain their input. Further details of this coordination are described below. UDC Work Group Staff will create and utilize a UDC Work Group to facilitate two/way communication between the City and the development community (including other affected or interested parties) throughout the UDC amendment process. Staff hopes to convene the work group at least twice a year at the beginning of each semi-annual UDC update. The work group should be comprised of abroad cross section of land owners, developers, planners, architects, engineers, surveyors, etc. The workgroup will discuss and review potential modifications to the UDC proposed by staff and members of the development community (staff fully anticipates that the workgroup will contribute many ideas for changes to the UDC). To facilitate effective workgroup meetings staff will: 1. Send out an agenda including a running list of known UDC issues to the work group at least two weeks prior to an initial workgroup meeting. 2. Ask the workgroup to review the list and suggest potential modifications that they would like to see; or propose UDC changes that were not listed by staff. 3. Keep the workgroup informed of the progress through follow-up emails and additional meetings as necessary 4. Invite representatives from the workgroup to testify at public hearings Although staff is hoping for broad support on all UDC changes staff recognizes that at times the development community may request changes to the UDC that are not supported by staff and vice versa. These differences will ultimately be worked out through the public hearing process. In addition to City Staff the following individuals (others may be added or subtracted as needed) will be invited to attend the work group: David Residential/Commercial Land Kent Brown Planner Turnbull Owner and Developer Jonathan Commercial and Industrial Land Becky Planner Seel Owner/Developer McKay Dave Planner/Developer Cornell Architect Yorgason Larson Laren Designer Kevin Engineer Bailey McCarthy Jason Engineer Brad Miller Industrial Land Densmer Owner/Developer John Landscape Architect Pat Tea ley Land Surveyor Brecken Conclusion This process is based on City Council direction to include the development community early and often through the UDC amendment process. Some issues that arise may take more than one update process to find a solution that is viable. Staff also anticipates forming sub groups for major section overhauls (i.e. design review). The UDC should remain a living document that is responsive to current development trends and changes within the City. Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT - DRAFT COMPREHENSIVE PLAN Community Development: Review Draft Comprehensive Plan Existing Conditions Report for 2014 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 May 7, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Brian McClure, Associate Planner RE: Existing Conditions Report 2014 Mayor Tammy de Weerd City Council Members: Keith Bird Joe Boston Luke Cavener Genesis Milam Charlie Rountree David Zaremba On April 19", 2011 the City adopted the Existing Conditions Report 2010, with the understanding that it would be regularly updated and maintained to reflect current conditions in the City of Meridian. Since 2009/2010 when most of the text was drafted, the city limits have expanded, a number of very large developments have opened their doors, and almost 10,000 people have been added to the City's population. This draft update to the Existing Conditions Report (ECR) reflects these and other changes in our community, and provides updates across a score of metrics from demographics and housing to services. The draft ECR also adopts a more modern format, intended to make discussions more accessible and the document more useful. Chapters and sections are better defined, more reference and example images are included, and charts, graphs, and maps are more distinctive and easier to read. The document is also shorter, though there is room for even more improvement (read: brevity) during the next update process. Staff has attempted to take State required discussions separated out of the actual Comprehensive Plan, which were otherwise relegated to shelf space "because we had to", and tried to rework the ECR into a useful reference resource for staff, interested public, and for marketing interests. The ECR was originally separated from the rest of the Comprehensive Plan in an attempt to create greater relevancy; one plan looking forward, and one report memorializing where we've Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org been. The ECR is a document to benchmark where we started for comparison of progress moving forward. With policy largely driven from the actual Comprehensive Plan however, and limited ways to actually define or measure progress, the other strengths of the ECR were previously hidden away under a mess of hard to read text and charts. Staff is hoping that this modernization of the ECR, along with some reductions and streamlining of the actual text, will be an improvement over the current 2009/2010 version. Other than a new section on Agriculture, and some related discussions with South Meridian and the Fields District, there is no significant variation of the outline or discussion topics within the ECR, only how they're communicated and presented. What did change, in addition to updated population and housing related metrics, were updates to land use and zoning areas, job force and employment statistics, educational attainment values, retail/office inventories, identification and expansion of City services, updates on City initiatives and community projects, park and open space descriptions, and some consolidation of topics. These efforts were largely handled in coordination with other City departments. While planning staff began organizing the update earlier, outreach and coordination with others began in November of last year. The Planning division requested other division and department staff update sections of the ECR, relevant to their department, positions, and interests. They were also encouraged to provide general comments of the plan as a whole. Staff also coordinated with COMPASS, Joint School District No. 2, and others to update relevant sections of the ECR. Some areas of this draft are still pending additional department review or revisions, and others are missing some data values (such as Agricultural land). Thorough review will occur after all revisions have been received and made. The intention of this update during the Council workshop is to provide an opportunity to comment on the draft ECR. Staff is not asking for adoption at this time, but will officially submit for public comment, P&Z Commission review, and ultimately Council adoption later this year. 2 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT REPORT Legal Department Report: Outdoor Sales and Temporary Use Code Updates 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 DRAFT CITY OF MERIDIAN ORDINANCE NO. May 13, 2014 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(C), EXTENDING THE TIME PERIOD FOR ISSUANCE OR DENIAL OF A MOBILE SALES UNIT LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(D)(1), AUTHORIZING THE CITY CLERK TO DENY INCOMPLETE MOBILE SALES UNIT LICENSE APPLICATIONS WITHIN THIRTY DAYS OF RECEIPT; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(H), ALLOWING CITY CLERK TO DESIGNATE PERSONNEL AUTHORIZE TO REVOKE TEMPORARY USE PERMITS AND MAKING FAILURE TO OBTAIN REQUIRED STRUCTURAL, MECHANICAL, ELECTRICAL, OR PLUMBING PERMITS OR INSPECTIONS GROUNDS FOR REVOCATION; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4- 3(C)(6)(A)(5)(C), ALLOWING SPECIAL EVENTS ON NONRESIDENTIAL PROPERTIES IN RESIDENTIAL DISTRICTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING A DEFINITION OF HISTORIC MERIDIAN SPECIAL EVENT; MERIDIAN CITY CODE SECTION 3-4-3(C)(6)(B)(3)(B), REGARDING WAIVER OF COSTS FOR CITY SERVICES PROVIDED TO SUPPORT HISTORIC MERIDIAN SPECIAL EVENTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D) TO EXTEND THE TIME LIMIT FOR PROMOTIONAL SALES IN THE CITY CORE; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-3(A)(6)(C) AND 3-4-3(A)(6)(F), REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF TEMPORARY USE PERMIT APPLICATION; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-4(F) REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF CITIZEN'S USE PERMIT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian has instituted a procedure by which outdoor sales and temporary uses occurring in the City of Meridian are required to meet minimum standards for the purpose of protecting the health, safety, and welfare of Meridian residents and other participants in such outdoor sales and temporary uses; and WHEREAS, the permitting procedure and standards have been found to encourage outdoor sales and temporary uses that complement permanent City of Meridian businesses; that are safe, attractive, and desirable; that add variety to the shopping and/or dining opportunities available in Meridian; and that support and facilitate community events and celebrations; and WHEREAS, the changes to the Outdoor Sales and Temporary Uses ordinance set forth herein are intended to improve and refine the processes and standards established therein, specifically, to: • Accommodate longer processing and return times for criminal background checks by Idaho State Police; • Address applicants who turn in an application but elect not to complete the process, often by failing to get fingerprinted by Idaho State Police; • Authorize the City Clerk's Office to designate additional City personnel to revoke a temporary use permit, such as the Fire Code Official, Building Official, police officers, and/or the Community Development Director; • Allow revocation of temporary use permits where the applicant fails to obtain required structural, mechanical, electrical, or plumbing permits or inspections; OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE I OF 6 DRAFT May 13, 2014 Allow special events at nonresidential properties such as schools and churches that are situated within residential districts; and • Accommodate promotional sales in the city core as allowed under a Use Zone Encroachment Permit under Title 8, Chapter 1, Meridian City Code; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 3-4-2(A)(5)(c) is hereby amended to read as follows. c. Upon receipt of the findings of the chief of police or his designee, but no later than t•� ems) thirty 30 calendar days from the date of submission of the completed application and all application materials required by this subsection, the city clerk shall either issue a city of Meridian mobile sales unit license to the applicant or deny the application. Where the city clerk denies an application for a city of Meridian mobile sales unit license, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. Section 2. That Meridian City Code section 3-4-2(A)(5)(d)(1) is hereby amended to read as follows. d. The city clerk shall deny an application for a mobile sales unit license where: (1) The application is incomplete or required application materials or fees have not been submitted within thirty (30) days from receipt of a partial application; Section 3. That Meridian City Code section 3-4-3(A)(6)(h) is hereby amended to read as follows. h. In addition to any and all other applicable civil or criminal penalties, the city clerk or her designee may revoke a city of Meridian temporary use permit where: (1) Any term or condition of the permit is violated by the permittee or by any employee or person operating or acting under such permit. (2) In the course of operating a temporary use, the permittee or any employee or person operating or acting under such permit violates a provision of this section or of any other local, state, or federal law. (3) It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. (4) The site, setup, and/or operation of the temporary use and/or any component thereof varies materially from the approved site plan. (5) Where a structural, mechanical, electrical, or plumbing permit and/or inspection is require as a condition of the temporary useep rmit approval and such permit was not issued or such inspection not passed. The city clerk shall notify the permittee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the temporary use permit application. Such revocation shall be effective immediately upon mailing by the city clerk. OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 2 OF 6 DRAFT May 13, 2014 Section 4. That a new section, Meridian City Code section 3-4-3(C)(6)(a)(5)(C), is hereby added to Meridian City Code section 3-4-3(C)(6)(a)(5), to read as follows. (5) It shall be unlawful for any person to conduct, allow, or organize a special event in a residential district, except that: (A) Neighborhood events or block parties shall be permitted in residential districts without a temporary use permit, although a city of Meridian citizen's use permit may be required. (B) Special events involving a route, such as races, parades, or marches may be permitted in residential districts, so long as such special events both start and end in nonresidential districts. (C) A special event that takes place upon a property with an allowed nonresidential use may be permitted. Section 5. That Meridian City Code section 3-4-3(C)(3)(d) shall be amended to read as follows. d. Sales by a promotional sales unit shall be limited to a period of time not to exceed one hundred sixty (160) days per calendar year, except that sales by promotional sales units in the City Core by permanent proprietors operating under a Use Zone Encroachment Permit duly issued pursuant to Title 8, Chapter 1, Meridian City Code, shall be limited to a period of time not to exceed three hundred sixty-five (365) days per calendar year. Section 6. That Meridian City Code section 3-4-1 shall be amended to read as follows: SPECIAL EVENT: A. A planned or foreseeable commercial, recreational, or expressive activity or gathering of persons which: 1. Changes, attempts to change, or has a tendency to change the typical use of publicly accessible land or facilities, or the normal flow or regulation of pedestrian or vehicular traffic upon or in the streets, sidewalks, or other publicly accessible areas; and 2. Takes place, whether entirely or partially: a. On a street or sidewalk located within the city and will likely result in some or total obstruction of such streets or sidewalks; or b. On any other property, whether public or private, but requires for its successful execution the provision and coordination of city services to a degree over and above that which the city normally provides; or c. On or in any area open to the public. B. Special events may include, but shall not be limited to: 1. Parade, procession, organized movement, or motorcade, consisting of persons, vehicles, or a combination thereof, 2. Public assembly, demonstration, march, meeting, parade, protest, rally, or vigil which involves the expression of opinions or grievances of persons for a common purpose; 3. Performance, presentation, ceremony, concert, or exhibit; 4. Athletic competition, race, or contest involving sports, games, or exercises; or 5. Community or neighborhood celebration, gathering, or block party. C. Special events shall be classified as a "large scale special event" where it is anticipated that five thousand (5,000) or more persons will attend the event, or where three (3) or more of the following factors apply: 1. It is anticipated that two thousand (2,000) or more persons will attend the event; OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 3 OF 6 DRAFT May 1% 2014 2. Extra duty police officers will be required to staff the event in order to adequately protect public safety, as determined in the discretion of the chief of police or his designee (for example: high risk activity, live music or other performance, street closure, traffic increase or pattern change, etc.); 3. Alcoholic beverages will be served or sold at the event; and/or 4. Structural or electrical permits will be required. D. A special event shall be classified as an "Historic Meridian Special Event" where such special event has occurred within Meridian on an annual basis for seventy-five (75) years or more D -.E. The definition of special event shall not include: 1. An activity held solely on private property not accessible by the general public and which neither requires the provision and coordination of city services to a degree over and above that which the city routinely provides nor compromises the ability of the city to respond to a public safety emergency; 2. An activity, including first amendment activity, occurring on streets or sidewalks within the city or in or on city property, where such activity neither results in the obstruction of streets or sidewalks, nor requires the provision and coordination of city services to a degree over and above that which the city routinely provides, nor compromises the ability of the city to respond to a public safety emergency; 3. Funeral processions; or 4. Programmed activities provided or managed by the city. Section 7. That Meridian City Code section 3-4-3(C)(6)(b)(3)(B) shall be amended to read as follows: (3) It shall be unlawful for an organizer of a large scale special event, or any person, to conduct, allow, organize, or cause to be conducted or organized a large scale special event without the following: (B) A mutually negotiated and agreed upon special event agreement with the city to establish the terms and conditions of any city services or property to be used, whether as required by this chapter or at such organizer's election, including estimated payment due for all city services provided or necessary to support the event. City may provide city services necessarytpport Historic Meridian Special Events at no charge to organizer, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s); this exemption from payment shall not extend to application and permitting fees duly adopted by fee schedule unless organizer is otherwise specifically exMpt from payment of such fees. Notwithstanding the execution of such contract, all provisions of this chapter, including penalties for noncompliance, shall apply, in addition to any remedies set forth in such contract. Section 8. That Meridian City Code section 3-4-3(A)(6)(c) shall be amended to read as follows. c. Upon issuance of the findings, the city clerk or designee shall either issue a city of Meridian temporary use permit to the applicant or deny the application. Where an application for a city of Meridian temporary use permit is denied, the city clerk or designee shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision i, f any, as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail or personally delivered to the applicant at the address set forth on the application. OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 4 or 6 DRAFT May 13, 2014 Section 9. That Meridian City Code section 3-4-3(A)(6)(f) shall be amended to read as follows. f. Appeal of the city clerk's issuance or denial of an application for a temporary use permit may be made by the applicant within fourteen (14) days of such issuance or denial, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The city council's decision on such appeal shall be a final decision. Section 10. That Meridian City Code section 3-4-4(F) shall be amended to read as follows. F. Denial of Application; Notice: Where the city clerk denies an application for a city of Meridian citizen's use permit, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision i, f any, as set forth in this section. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. The city clerk shall deny an application for a city of Meridian citizen's use permit where: 1. The application is incomplete or required application materials or fees have not been submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The police chief, fire chief, or mayor recommends denial. 4. The application is incomplete or required application materials or fees have not been timely submitted. Section 11. That Meridian City Code section 3-4-4(H) shall be amended to read as follows. H. Appeal of Issuance or Denial of Application: Appeal of the city clerk's issuance or denial of an application of a city of Meridian citizen's use permit may be made by any person, except that there shall be no right to appeal a denial on the grounds that the application is incomplete or required application materials or fees were not timely submitted. Such appeal shall be made in writing, shall be mailed to the city clerk via U.S. mail, and shall state the reasons for such appeal. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at the next regularly scheduled city council meeting. Following a public hearing on the appeal, city council shall either affirm or reverse the city clerk's action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. Section 12. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May , 2014. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 5 OF 6 DRAFT May 13, 2014 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(C), EXTENDING THE TIME PERIOD FOR ISSUANCE OR DENIAL OF A MOBILE SALES UNIT LICENSE; AMENDING MERIDIAN CITY CODE SECTION 3-4-2(A)(5)(D)(1), AUTHORIZING THE CITY CLERK TO DENY INCOMPLETE MOBILE SALES UNIT LICENSE APPLICATIONS WITHIN THIRTY DAYS OF RECEIPT; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(A)(6)(H), ALLOWING CITY CLERK TO DESIGNATE PERSONNEL AUTHORIZE TO REVOKE TEMPORARY USE PERMITS AND MAKING FAILURE TO OBTAIN REQUIRED STRUCTURAL, MECHANICAL, ELECTRICAL, OR PLUMBING PERMITS OR INSPECTIONS GROUNDS FOR REVOCATION; ADDING A NEW SECTION, MERIDIAN CITY CODE SECTION 3-4-3(C)(6)(A)(5)(C), ALLOWING SPECIAL EVENTS ON NONRESIDENTIAL PROPERTIES IN RESIDENTIAL DISTRICTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING A DEFINITION OF HISTORIC MERIDIAN SPECIAL EVENT; MERIDIAN CITY CODE SECTION 3-4-3(C)(6)(B)(3)(B), REGARDING WAIVER OF COSTS FOR CITY SERVICES PROVIDED TO SUPPORT HISTORIC MERIDIAN SPECIAL EVENTS; AMENDING MERIDIAN CITY CODE SECTION 3-4-3(C)(3)(D) TO EXTEND THE TIME LIMIT FOR PROMOTIONAL SALES IN THE CITY CORE; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-3(A)(6)(C) AND 3-4-3(A)(6)(F), REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF TEMPORARY USE PERMIT APPLICATION; AMENDING MERIDIAN CITY CODE SECTIONS 3-4-4(F) REGARDING NOTICE OF RIGHT TO APPEAL DENIAL OF CITIZEN'S USE PERMIT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14- of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2014. William. L.M. Nary City Attorney OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 6 OF 6 Meridian City Council Meeting DATE: Mav 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT REPORT - TITLE 1 UPDATES Legal Department Report: Title 1 Updates 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 DRAFT May 13, 2014 CITY OF MERIDIAN ORDINANCE NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZARE MBA AN ORDINANCE AMENDING TITLE 1, CHAPTERS 1, 2, 3, AND 4, MERIDIAN CITY CODE, REGARDING OFFICIAL CITY CODE: TITLE, ACCEPTANCE, COURT PROCEEDINGS, SEVERABILITY CLAUSE, CONSTRUCTION OF WORDS, CATCHLINES, GENERAL PENALTY FOR VIOLATION, APPLICATION, AND LIABILITY OF OFFICERS; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY CLERK, DEPUTY CITY CLERK; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY TREASURER; REPEALING AND REPLACING TITLE 1, CHAPTER 9, MERIDIAN CITY CODE, REGARDING CITY FINANCES: DEFINITIONS, INVESTMENTS, BUDGET POLICY; REPEALING TITLE 1, CHAPTER 12, REGARDING JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Title 50, Chapter 9, Idaho Code provides adequate guidance for the oversight and applicability of City Code; WHEREAS, for clarity and consistency in interpretation and enforcement, the specific definitions of words and phrases used in City Code should be provided within each respective chapter, rather than in a general definition section in Title 1; WHEREAS, Idaho Code sections 1-113 and 1-113A establish maximum penalties for misdemeanors and infractions, and by referencing these provisions rather than establishing separate penalties for such violations under City Code, the City will avoid inconsistency and obsolescence; WHEREAS, pursuant to Pub. L. 92-544, the Federal Bureau of Investigation ("FBP') is empowered to provide criminal history information to City officials for purposes of licensing and employment as authorized by Idaho Code section 67-3012, under which the City may request and obtain criminal background checks where a legislatively -enacted ordinance is in place which requires fingerprinting of the applicant, authorizes the use of FBI records for screening of the applicant; is not against public policy; and identifies the specific category of applicants or licensees to be screened; WHEREAS, the following updates City Code related to City finances are consistent with generally accepted accounting principles, generally accepted government accounting principles, federal and state statutes, and best government accounting practices rules, guidelines, and standards; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 1, Chapters 1, 2, 3, and 4, Meridian City Code, shall be amended as follows: Chapter 1 OFFICIAL CITY CODE TITLE I UPDATE PAGE 1 Of 1 ENNUI :i_12A 1-1-1: TITLE: May 13, 2014 Upon the adoption by the City Council, this City Code is hereby declared to be and shall hereafter constitute the official City Code of Meridian. This City Code of ordinances shall be known and cited as the MERIDIAN CITY CODE and is hereby published by authority of the Council and shall be supplemented to incorporate the most recent legislation ordinances of the City, as .-,:,le,l :., wet°en aing thereto, as well as to the seetion itself-, when referenee is made to this City codee by title ;« any l daettmei4s. 4 1-1-2: ACCEPTANCE: The Meridian City Code,, as hereby presented in printed : fm5 shall hereafter be received without further proof in all courts and in all administrative tribunals of this State as the ordinances of the City of general and permanent effectexcept ed ordinanees emiffierated in Seetion , 2 , of hi Tittle. OWWWM=101 NOR" W -- TITLE 1 UPDATE PAGE 2 of 2 WNW— . 13 11-1-3: GENERAL PENALTY FOR VIOLATION OF CITY CODE All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. WM 13 11-1-3: GENERAL PENALTY FOR VIOLATION OF CITY CODE All general ordinances of the City passed prior to the adoption of this City Code are hereby repealed, except such as are included in this City Code or are by necessary implication herein reserved from repeal (subject to the saving clauses contained in the following sections), and excluding the following ordinances which are not hereby repealed: tax levy ordinances; appropriation ordinances; ordinances relating to boundaries and annexations; franchise ordinances and other ordinances granting special rights to persons or corporations; contract ordinances and ordinances authorizing the execution of a contract or the issuance of warrants; salary ordinances; ordinances establishing, naming or vacating streets, alleys or other public places; improvement ordinances; bond ordinances; ordinances relating to elections; ordinances relating to the transfer or acceptance of real estate by or from the City; and all special ordinances. 12 3 1-1-4: COURT PROCEEDINGS: A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. TITLE I UPDATE PAGE 3 of 3 WM 12 3 1-1-4: COURT PROCEEDINGS: A. Prior Acts: No new ordinance shall be construed or held to repeal a former ordinance whether such former ordinance is expressly repealed or not, as to any offense committed against such former ordinance or as to any act done, any penalty, forfeiture or punishment so incurred, or any right accrued or claim arising under the former ordinance, or in any way whatever to affect any such offense or act so committed or so done, or any penalty, forfeiture or punishment so incurred or any right accrued or claim arising before the new ordinance takes effect, save only that the proceedings thereafter shall conform to the ordinance in force at the time of such proceeding, so far as practicable. If any penalty, forfeiture or punishment may be mitigated by any provision of a new ordinance, such provision may be, by consent of the party affected, applied to any judgment announced after the new ordinance takes effect. TITLE I UPDATE PAGE 3 of 3 DRAFT May 13, 2014 B. Extend To All Repeals: This Section shall extend to all repeals, either by express words or implication, whether the repeal is in the ordinance making any new provisions upon the same subject or in any other ordinance. C. Currently Pending Actions: Nothing contained in this Chapter shall be construed as abating any action now pending under or by virtue of any general ordinance of the City herein repealed, and the provisions of all general ordinances contained in this Code shall be deemed to be continuing provisions and not a new enactment of the same provisions; nor shall this Chapter be deemed as discontinuing, abating, modifying or altering any penalty accrued or to accrue, or as affecting the liability of any person, firm or corporation, or as waiving any right of the City under any ordinance or provision thereof in force at the time of the adoption of this City Code. 12 4 1-1-5: SEVERABILITY CLAUSE: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this City Code or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Code, or any part thereof. The City Couneil hereby dcel;xes that it w9t la�dhave Pa each seetion, subsection, subdiv4sion, paragraph, sentenee, elaiise or phrase thereof irrespeefive of th 1-1-6: CONSTRUCTION OF WORDS: A. Whenever any word in any section of this City Code importing the plural number is used in describing or referring to any matters parties or persons any single matter, party or person shall be deemed to be included, although distributive words may not have been used. When any subject matter party or person is referred to in this City Code by words importing the singular number only, or the masculine gender, several matters, parties or persons and females as well as males and bodies corporate shall be deemed to be included; provided that these rules of construction shall not be applied to any section of this City Code which contains any express provision excluding such construction or where the subject matter or context may be repugnant thereto. B. The word "ordinance" contained in the ordinances of the City has been changed in the content of this City Code to "Title," "Chapter," "Section" and/or "subsection" or words of like import for organizational and clarification purposes only. Such change to the City's ordinances is not meant to amend passage and effective dates of such original ordinances. 1-1-7: CATCHLINES: The catchlines set forth in City Code are intended merely to indicate the general content of the section and shall not be deemed or taken to be titles of such sections nor be deemed to governlimit modify or in any manner affect the scope, meaning or intent of the provisions of any section hereof. TITLE I UPDATE PAGE 4 of 4 DRAFT May 13, 2014 Altejl[lM ; ;�. - TITLE I UPDATE PAGE 5 Of 5 Will .. OITA Altejl[lM ; ;�. - TITLE I UPDATE PAGE 5 Of 5 DRAFT May 13, 2014 TITLE 1 UPDATE PAGE 6 Of 6 .. .. .... _ . .... -WIN PI 1. , , TITLE 1 UPDATE PAGE 6 Of 6 DRAFT May 13, 2014 Chapter 4=2 GENERAL PENALTY FOR VIOLATION OF CITY CODE 1 4—L1-2-1: GENERAL PENALTY: A. Misdemeanor: Except as otherwise specified herein, anv person convicted of a violation of an provision of this City Code that is designated a misdemeanor, or that is not designated as a misdemeanor or infraction, may be fined and/or imprisoned as provided by Idaho Code regarding general punishment for misdemeanors. ? riles, specifleally pre v idcd elsev hef a oPa violation of any seetion or-pr-ovision of this City Code deem d a I Ji sum not to exeecd three hundred dollars ($300.00) fef any off-ense and may be confined in the CE) jail for a period of not mofe than six (6) months. Either of both sueh fine and imprisonmefft fflay be B. Infraction: Except as otherwise specified herein, any person convicted of a violation of any provision of this City Code that is designated an infraction may be fined as provided by Idaho Code regarding punishment for infractions not otherwise specified. When the off-ense is designated s ar= infraetion by any seetion ar- provision of this City Code or by State law-, it is punishable only by -a penalty not a one hundred ($100.00) inearceration maybe Y 1-4 2 1-2-2: APPLICATION OF PROVISIONS: A. Application Of Penalty Provisions: 1. The penalty provided in this Chapter shall be applicable to every section of this City Code the same as though it were a part of each and every separate section. Any person convicted of a violation of any section of this City Code where any duty is prescribed or obligation imposed or where any action which is of a continuing nature is forbidden or is declared to be unlawful shall be deemed guilty of a misdemeanor unless otherwise provided. A separate offense shall be deemed committed upon each day such duty or obligation remains unperformed or such act continues unless otherwise specifically provided in this City Code. 2. Whenever the doing of any act or the omission to do any act constitutes a breach of any section or provision of this City Code, and there shall be no fine or penalty specifically declared for such breach, the provisions of this Chapter shall apply. TITLE ] UPDATE PAGE 7 of 7 DRAFT May 13, 2014 B. One Recovery For Same Offense: In all cases where the same offense is made punishable or is created by different clauses or sections of this City Code, the prosecuting officer may elect under which to proceed, but not more than one recovery shall be had against the same person for the same offense; provided, that the revocation of a license or permit shall not be considered a recovery or penalty so as to bar any other penalty being enforced. 3 4 3 1-2-3: LIABILITY OF OFFICERS: No provision of this City Code designating the duties of any officer or employee shall be so construed as to make such officer or employee liable for any fine or penalty provided for a failure to perform such duty unless the intention of the City Council to impose such fine or penalty on such officer or employee is specifically and clearly expressed in the section creating the duty. Section 2. That Title 1, Chapter 8, Article A, Meridian City Code shall be amended as follows: ARTICLE A. CITY CLERK 1-8A-1: APPOINTMENT; TERM OF OFFICE: The City Clerk shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-8A-2: DUTIES: A. Keep Seal, Ordinances And City Records: 1. The City Clerk shall be custodian of the City Seal and affix same to documents as provided in subsection! c 1 G f this T441 by City Code and other law. 2. The City Clerk shall also be the custodian of all public records, ordinances, resolutions and orders of the City Council, and such other papers and documents as may be delivered into his or her custody. B. Attend Meetings Of Council; Keep Minutes And Records: The City Clerk shall attend all sessions of the City Council, keep a eoffee4jaiima4 minutes and transcripts thereof, and -shall keep ift a rho a record of ordinances passed by the City Council -and -&f-41 e 4:41e f ., 1 ofdinatires; and all ofdinances not published in a beek form shall be earefully indexed a4pha otioall., Tl e r:4., !9e«l.and shall see that each ordinance is published as required by law; and shall keep on file the proof of .belt publioatie« C. Report To City Council TITLE 1 UPDATE PAGE 8 of 8 DRAFT May 13, 2014 diir4ng the month a*d war -rants otAstanding against eaeh fund at the close ef such month. He also at the ,.lese of each fiseal r� . ,... year present to the City neil an I Y b A >, � opefations for the epAire year, whieh said report shall also eentain a descfiptioft of the bonds iqqmed and seld during the year, and the tefms of sa4e; and shall itemize eaeh and every expmse . The City Clerk shall also make such additional reports and furnish such ether data from the records and files of his or her office as may be requested by the Mayor or City Council. D. Furnish Copies Of City Records: It shall be the duty of the City Clerk to furnish any City officer with a sertified copy of any record,—paper or publ e doeume on file in his office, or in his custody, for the use of such officer in the discharge of his official duties, and he shall also furnish a se#i€ted copy of any such record; pape�� to any person net . officer oftheCity upon the payment in a&vanee of fifteen rant ($0.15) pef folio f one hundred (1 nm words f such copy upon request and payment of such fees as authorized or required by I G—. E. Issue Licenses: The City Clerk shall issue all licenses as authorized by Cite., u''.�RPI==eate of whieh shall be kept on file, but no lieense shell be issued to a" person unless fees and charges fixe by or-dinanee shall have first bem paid, for which payment the City Glefk shall issue a feeeipt4n duplioate. The City Clerk shall endorse upon the r-eeeipt and deplieate receipt the fmmbef of the lioenq issued, the number of the applieation for- lieefise, and the d"Heate of sueh f eeeipt so issue' shall 1;P, kept Em file wi4i the duplicate 1 Hr 11-WARAITWME"� JW olp G—. E. Issue Licenses: The City Clerk shall issue all licenses as authorized by Cite., u''.�RPI==eate of whieh shall be kept on file, but no lieense shell be issued to a" person unless fees and charges fixe by or-dinanee shall have first bem paid, for which payment the City Glefk shall issue a feeeipt4n duplioate. The City Clerk shall endorse upon the r-eeeipt and deplieate receipt the fmmbef of the lioenq issued, the number of the applieation for- lieefise, and the d"Heate of sueh f eeeipt so issue' shall 1;P, kept Em file wi4i the duplicate 1 Hr 11-WARAITWME"� olp 1-8A-3: DEPUTY CITY CLERK: There shall be established the office of Deputy City Clerk who shall perform such duties as assigned or delegated by the City Clerk, and who shall have full authority to act in the place and stead of the City Clerk in the event of the City Clerk's absence and/or inability to perform the duties of the office. The TITLE t UPDATE PAGE 9 Of 9 DRAFT May 13,,20 14 IN Section 3. That Title 1, Chapter 8, Article B, Meridian City Code shall be amended as follows: ARTICLE B. CITY TREASURER 1-811-1: APPOINTMENT; TERM OF OFFICE: The Chief Financial Officer shall serve as the City Treasurer, and shall be appointed by the Mayor, with the consent of the City Council, and shall hold office for the duration of his or her appointment unless sooner removed. 1-811-2: DUTIES: 1.0 TITLE 1 UPDATE PAGE 10 Of 10 • ._FWVlrm.. .. ■ . .. IN 41-11-01 .. MOMMUMME N� .. ._N 0 W 7-%- T M M9 1 W.- I n 1.0 TITLE 1 UPDATE PAGE 10 Of 10 DRAFT i separate account, fund or- appr-apr-iation for the year- to date, and balanees of the debits and ore 'efeetitage comparison to the originalappropriation in eamplianee with 1daho Code seetion 50 0 11 and any subsequent ameRdmeMs o WW" I Prim .. N'. ~101WINNOWWW"M The City Treasurer shall have and fulfill all of the duties established by Idaho Code as may pertain to the City Treasurer or the finances of the City, including, without limitation, those duties enumerated in Title 18, Chapter 57 (Public Funds and Securities); Title 50, Chapter 2 (City Treasurer); Title 50 Chapter 10 (City Finances); Title 57, Chapter 1 (Public Depository Law), and Title 67, Cha tp er 4, Idaho Code (annual audit). Additionally, the City Treasurer shall: A. Attend, as necessary, sessions of the City Council. B. Implement financial policies and plans at the direction of the Mavor and Citv Council C. Advise the Mayor and City Council on financial policy considerations, and short and lone range financial planning, D. Review and analyze financial methods and performance to find ways to increase effectiveness, improve results or effect economies in financial activities. E. Analyze budget requests for compliance with appropriate rules, regulations, policies procedures budget, and capital improvement plan. F. Develop, with the necessary staff, the annual budget amendment, including gathering all data analyzing results and presenting a final report to the mayor, council and the public. G. Manage the City's investment portfolio. H. Establish and maintain an internal control structure designed to protect the City from loss of public funds due to fraud, error, or actions inconsistent with the requirements the laws governing allowable public entity investments. I. Monitor the financial condition of the City and adherence to the budget. TITLE 1 UPDATE PAGE I I of 11 DRAFT May 13, 2014 J. Ensure the City's budget, financial results, financial transactions, budget calendar, revenue manual, budget development manual, capital improvement plan, annual audit report, and audited financial statements are available to the public. K. Oversee the Finance Department and delegate or assign duties or tasks as required for the efficient operation of the department and fulfillment of the requirements of City Code and other law. Section 4. That Title 1, Chapter 9, Meridian City Code shall be repealed, and replaced with the following language: 1-9-1: DEFINITIONS: A. Prudent Person Standard: A standard of care that holds that investments shall be made with judgment and care, under circumstances then prevailing which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. 1-9-2: INVESTMENTS: A. Scope: The provisions of this chapter shall apply to the cash and investment activities of all funds under the jurisdiction of the City of Meridian Chief Financial Officer and the City Finance Department as authorized by Idaho Code section 57-127 and by resolution of the City Council. Employee Retirement Fund and any Employee Deferred Compensation Plans are specifically excluded from this policy. Any investment advisor contracted by the City to purchase investments shall be bound by the provisions of this chapter. B. Investment Objectives: The primary objective of the Finance Department is to safeguard City funds while providing adequate liquidity to meet the City's on-going operating needs. The investment objectives, in order of priority, shall be as follows: 1. Safety: The investment portfolio will be structured so as to preserve the capital in the portfolio and mitigate risk. Specifically, the CFO will minimize interest rate risk by limiting the average maturity of the City's investment portfolio. The CFO will minimize Custodial Credit Risk by requiring that all of the City's deposits be protected by deposit insurance, bond, or pledged collateral. The CFO will minimize Credit Risk by limiting investments to those investments authorized by state law. The City shall require, to the extent possible, that all investments be identified as to City of Meridian ownership and held in the City's name. 2. Liquidity: The investment portfolio will remain liquid enough to meet the operating needs of the City. In addition to meeting anticipated daily needs of the City, an amount of the portfolio will be available in vehicles that offer one -day liquidity for unanticipated operating needs. 3. Yield: The investment portfolio will be designed to obtain the highest yield possible under the constraints of safety, liquidity, and state regulation. TITLE 1 UPDATE PAGE 12 of 12 DRAFT May 13, 2014 C. Standards of Care: The standard of prudence used by City Finance employees and any investment advisors contracted by the City shall be the Prudent Person Standard. D. Ethics and Conflict of Interest: Employees, officials, and contractors involved in the investment process must refrain from personal business activity that could conflict with the proper management of the investment program or create an actual or perceived impairment of ability to make sound investment decisions. Employees, officials, and contractors shall disclose any personal financial or investment positions that could be related to the performance of the investment portfolio. E. Authorized Financial Institutions, Depositories, and Brokers/Dealers: All brokers and dealers doing business with the City of Meridian must be registered with the State of Idaho Department of Finance, and must adhere to Securities and Exchanges Commission Rule 15C3-1 (uniform net capital rule). Non-bank broker/dealer firms and the individuals handling the City's account must be registered with the National Association of Securities Dealers (NASD). F. Internal Control; Audit: The City Finance Department shall be responsible for establishing and maintaining an internal control structure designed to protect the City from loss of public funds due to fraud, error, or actions inconsistent with the requirements the laws governing allowable public entity investments. It shall be the duty of the City Council to have a complete and thorough audit of the financial statements of the City as set out in Idaho Code sections 67-450B and 50-1010. The expenses required to obtain such an audit shall be included in the City annual budget. The annual audit report shall be submitted to the City Council and filed with the State of Idaho no later than six months following the close of the fiscal year. The City Council shall retain the right to order the Treasurer or a qualified CPA firm to conduct internal audits as frequently and as necessary as may be needed. G. Performance Audit: As the City Council deems necessary, the City Council shall appoint a certified CPA firm or consulting firm to conduct a performance audit for all specified departments. This performance audit shall be as extensive and detailed as the City Council deems necessary. H. Reports to Council: The Chief Financial Officer and the Finance Department shall prepare reports, as set forth herein or at the request of City Council, regarding the status of the City's investment portfolio, including: percentage of the total portfolio each type of investment represents, percentage of the portfolio each fund represents, monthly rate of investment return for each type of investment, quarterly summary of market conditions, annual realized and unrealized gains and losses on in market value and amortized expense or income from amortization of bond premiums and discounts, average weighted yield to maturity, and listing of investments by maturity date. 1-9-3: BUDGET POLICY: A. Scope: The provisions of this chapter shall establish: 1. The City's policy regarding the responsibilities of the Mayor, the Chief Financial Officer/Finance Department, City Council, and Department Directors in compiling and establishing the annual City budget; 2. The principles that will guide the City's budget process; and TITLE 1 UPDATE PAGE 13 of 13 DRAFT May 13, 2014 3. The principles that control and ensure adherence to the adopted budget and compliance with the provisions of Idaho Code 50-1002 et seq. B. City Budget Purpose and Mission: The mission of the City of Meridian's budget is to help decision makers make informed choices about the provision of services and capital assets and to promote stakeholder participation in the process. The budget is a plan that tells how the City will use limited financial resources to best provide for the needs of its citizens. The budget should be presented so that it is a document that can be used to inform and educate the public and elected officials about the City's structure, achievements, challenges, and direction. The budget should serve as a policy document, an operations guide, a financial plan, and a communication tool. C. Definitions: 1. Amendment: An alteration of the current fiscal year budget. 2. Appropriation Authority: A sum of money that has been set aside for a specific use. 3. Appropriation Level: The three levels at which the City sets spending authority. A specific process is established for spending in excess of the set spending authority within any level. a. Fund Appropriation Level: An appropriation for a fund. A fund appropriation is the highest level of appropriation; one fund may have several programs. b. Major Program Level: An appropriation for a particular program. Some programs include smaller but related programs. c. Major Project Level: An appropriation for specific projects within an object code, generally within capital. Changes on spending at the project level within appropriated capital do not require a budget amendment, but do require documented approval of the Mayor and Council. 4. Base Budget: Personnel and operating expense budgets needed to operate the daily functions of the City at current service levels. 5. Budget Enhancement Request: A request by which City staff or departments may dentify an opportunity or problem, a course of action to address the problem, and the financial impact of the course of action. A request for additional personnel, operating expense, or capital outlay to perform a new service, solve a problem or provide the same service to an increased population requires a budget enhancement request. 6. Budget Hearing: A public hearing to allow public input with the formal adoption of the final budget. 7. Budget Notice: A formal publication in the local paper following Idaho code to notify the public of any budget hearing or workshop. TITLE 1 UPDATE PAGE 14 of 14 � 'Lla9 May 13, 2014 8. Budget Workshop: A meeting at which the Council, Mayor and department directors discuss the current year budget. 9. Capital Assets: See Capital Outlay. 10. Capital Outlay: Tangible or intangible property that meets the current minimum dollar threshold per City policy, and has a life of more than one year. Capital outlay may be tangible, such as equipment, land, land improvements, or buildings, or may be intangible, such as computer software, water rights, or easements. 11. Carry Forward: Budget dollars not spent on capital projects during the current fiscal year that will be spent in a future fiscal year. 12. Compensation changes: Changes to an employee's compensation, including merit pay, reclassification, equity adjustment, across-the-board increase, cost of living increase, or Fire union contract compensation clause changes. All City positions must be approved by the City Council and budgeted as full or partial full time equivalents. 13. Department: A division within the City that has its own specific purpose. 14. Fiscal Year: The twelve-month period October 1 to September 30. 15. Fund: Self -balancing set of accounts organized into types by major service provided by the City, expenditure, and/or the source(s) of revenue. 16. Object: The account code assigned to identify what the expenditure is for. For example office supplies, personnel expense, or equipment. The major classes of objects are personnel, operating, and capital, but spending on personnel and operating is not controlled at the object level; additions of part or full time equivalent positions require the prior approval of the Mayor and City Council. 17. One-time Expenditure: An expense that will only occur during the current fiscal year as opposed to continuing year to year. 18. Operating: The expenses associated with running the daily business of the City. 19. Personnel: The expenses associated with salaries and wages, including benefits and taxes. 20. Program: A category of services for an identifiable department or group and designated for a specific purpose. 21. Spending Authority: See Appropriation Authority. 22. Transfer: To move budget dollars from one general ledger line item to another; or to move budget dollars from one project to another. E. Appropriation Levels. The City shall set spending authority at the major program level, at the major object level, and at the fund level. Spending in excess of the original major class appropriation TITLE 1 UPDATE PAGE 15 of 15 DRAFT May 13, 2014 shall require a budget amendment to be approved by the Major and City Council. The budget reports are adjusted upon City Council approval. The City accounting system shall track both the original budget and the amended budget. The City shall appropriate all amendments one time, at the end of the fiscal year, through ordinance and public hearing. F. Balanced Budget. The City shall adopt and maintain a balanced annual budget, to which the following principles shall apply: 1. For each fund, annual expenditures may not exceed annual revenues plus available fund balance. 2. Each fund must maintain a fund balance equal to four (4) months operating reserve. 3. The dollar amount of the operating reserve shall be determined by the current year's budget and shall be recalculated on an annual basis. 4. The base budget of the City must not exceed the current year revenues for each fund. 5. One-time revenues or use of fund balance will be permitted only for one-time projects or items. Ongoing personnel or operating costs resulting from such projects must be sustained by ongoing and consistent revenue streams. 6. Expenses may be incurred only in terms of the approved annual budget or amended approved annual budget. 7. General Fund requests for new or expanded programs will be considered during the course of the regular budget process. Only in extreme circumstances will such requests be considered during the course of the year. G. Emergency Holdback: At any time during the fiscal year, following the adoption of the budget, if the Chief Financial Officer determines the current year revenues will not cover ongoing expenses, he or she shall report to Council and recommend a spending holdback. The Council will approve such spending holdback up to the amount necessary to ensure current revenue will cover ongoing expenses. H. Budget Development Revenue Manual: Following City Council's consideration of the budget, the Finance Department will prepare and distribute a revenue manual, which shall contain revenue projections for each source of revenue, by fund, for the budget year under consideration as well as forecast at least three years' future anticipated revenue. The document shall contain relevant past history for comparison purposes and shall prepare revenue forecasts in a conservative manner. 2. Budget Calendar: The Finance Department shall prepare an annual budget calendar showing key dates in the budget and capital improvement plan development processes and ensuring that statutorily required budget dates are satisfied. TITLE 1 UPDATE PAGE 16 of 16 DRAFT May 13, 2014 3. Budget Development Manual: The Finance Department shall prepare an annual budget development manual for use by City Departments, but available to the public, with form< and instructions and the budget development manual. 4. Base Budget: The Finance Department shall develop the base budget, and may remove all one-time and capital expenses and make slight adjustments to line items where warranted. 5. Line Items: The Finance Department and the City Departments will review all line items to determine if reductions are possible or if changing conditions necessitate an increase. 6. Budget Enhancement Requests: Departments may request budget enhancements by demonstrating what issue or challenge, long term program goal and measurable objective from their strategic plan the budget enhancement will address. There may be cases in which an item is requested with multiple year costs not all requested in the current year budget. If this happens the, the Department must include in the budget enhancement request details regarding future costs and any prior costs relevant to the particular project will be detailed on the enhancement request form. 7. Compensation Changes: Approved compensation changes shall be communicated to the Finance Department for inclusion in the draft budget through the Human Resources Department. If anew job classification is created the job description must be submitted to the Human Resources Director for approval and salary classification. 8. Executive Budget: The Mayor shall review, and upon approval the Finance Department will submit to the City Council, the following: enhancement requests, wage and salary report, base budget by line item and total, and capital replacements. J. Budget Adoption: Per Idaho Code, the authority and responsibility for setting the budget rests with the City Council. The process of setting the budget shall include the following: 1. Budget Workshop: The City Council, Mayor and City Directors shall hold a budget workshop to discuss department enhancement requests. At the conclusion of the workshop the Council shall approve a draft budget. 2. Notice and Publication Requirements: The City Clerk shall, at the direction of the CFO, publish in the local paper all applicable notices pertaining to the annual budget process, pursuant to the requirements of Idaho Code sections 50-1002 and 50-1003. 3. Public Hearing: Pursuant to Idaho Code, the City shall hold a public budget hearing. The Finance Department shall provide a presentation highlighting the budget enhancements and items of interest to the public. The public shall be encouraged to attend and submit comments related to the draft budget. At the conclusion of the public hearing, the City Council shall formally adopt the budget. K. Budget Amendments. Though every effort should be made to enhance programs or add or change the budget through the regular budget process, additional spending authority may be requested outside of the annual appropriation process for an emergency or unexpected situation, or to receive authority to spend an unplanned source of revenue. The CFO shall provide an initial review of all amendment TITLE 1 UPDATE PAGE 17 of 17 DRAFT May 13, 2014 requests to determine the availability of revenues and impact on future years. Amendments must provide the same level of detail required for budget enhancements. Upon approval by the CFO, budget amendments will be forwarded to the Mayor and Council for review and approval. L. Budget Monitoring: 1. Financial Reporting: The Chief Financial Officer shall be responsible for monitoring adherence to the budget and the financial condition of the City. The CFO shall provide the City Council, Mayor, and City management with monthly statements of revenue and expenses and comparison of actual to budget as well as updates on the financial conditions of the City. 2. Public Reporting and Transparency: The Chief Financial Officer shall ensure the City's budget, financial results, financial transactions, budget calendar, revenue manual, budget development manual, capital improvement plan, annual audit report, and audited financial statements are available to the public. Director and Executive Branch Budget Responsibility: The City Council shall establish the spending authority in the budget. The Mayor and Department Directors shall be responsible for following the established budget and establishing and monitoring performance measures and strategic goals to optimize the level of service provided with available resources. M. Capital Improvement Budget. 1. Content: On an annual basis, each program in the City will prepare and update a five year capital improvement plan. The program plans will be combined to create a City-wide plan. The capital improvement plan will contain construction projects and significant equipment purchases or replacements. The capital improvement plan will include: a. Operating and personnel costs and numbers of additional employees associated with construction projects. b. Actual to budget comparison history for at least the three fiscal years proceeding the current year. c. Estimated funding sources for each year of the plan. d. Prioritized list of projects for each program and for each fund. e. Detail on the entire cost and construction timelines for multi-year projects. 2. Process: The Capital Improvement Plan will be reviewed and approved by the Mayor and City Council on an annual basis. Projects to be started in the upcoming fiscal year will be formally appropriated during the regular budget process. During the annual review the plan may be modified as services needs and/or funding sources change. If City Council approves an amendment or budget enhancement that differs from the existing capital improvement plan, the plan will be modified to reflect the change. TITLE t UPDATE PAGE 18 of 18 DRAFT May 13, 2014 3. Reporting: On an annual basis each program will provide to City Council a report regarding the percentage of completion on previously appropriated projects, any change in scope, and any concerns regarding completion of each project on time and within budget. N. Funds 1. Operating Fund Types: a. General Fund: The general operating fund of the City; it derives most of its income from property tax and funds the operations of the City. b. Enterprise Fund or Proprietary Fund: User fees finance activities in these funds. Activities included in this fund would be sewer and water utilities. 2. Other Funds. Within the two funds other funds may be established as follows. a. Restricted Fund Balance. This fund balance is constrained for a specific purpose and legally restricted by external parties, such as State or Federal agencies. b. Committed Fund Balance. This fund balance constraint is self -imposed by the City Council. Formal action is required by City Council to commit funds and must occur prior to year end; however, the actual dollar amount may be determined in the subsequent period. c. Assigned Fund Balance. This fund balance is intended for a specific purpose and the authority to "assign" is delegated to the Chief Financial Officer. Formal action is not necessary to impose, remove, or modify and assigned fund balance. d. Nonspendable Fund Balance. This fund balance is for those assets that are non-cash or legally or contractually required to be maintained intact. Example would include inventory, long term loans receivable, property held for sale, endowment or permanent fund principal and prepaid items. 3. Capital Improvement Fund a. Capital Improvement: for the purposes of projects funded by the capital improvement fund capital improvement is defined as construction of real property structure, purchase of land or land development or a major repair that improves the life or use of real property. b. Capital Improvement Plan Funding: funding for the capital improvement may come from two principal sources. c. Excess Revenue Development Services Operations: When revenues for the Building and Planning Departments exceed their expenses, and a minimum of a four month operating reserve has been covered, that excess may be transferred into the capital improvement fund. d. City Council: The City Council may at time direct transfer of funds from the unrestricted fund balance into the capital improvement fund. Section 5. That Title 1, Chapter 12, shall be repealed. Section 6. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 7. That this ordinance shall be effective on the day of May, 2014. PASSED by the City Council of the City of Meridian, Idaho, this day of May, 2014. TITLE 1 UPDATE PAGE 19 Of 19 DRAFT APPROVED by the Mayor of the City of Meridian, Idaho, this APPROVED: Tammy de Weerd, Mayor ATTEST: May 1% 2014 day of May, 2014. Jaycee Holman, City Clerk TITLE 1 UPDATE PAGE 20 of 20 DRAFT May 13, 2014 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AN ORDINANCE AMENDING TITLE 1, CHAPTERS 1, 2, 3, AND 4, MERIDIAN CITY CODE, REGARDING OFFICIAL CITY CODE: TITLE, ACCEPTANCE, COURT PROCEEDINGS, SEVERABILITY CLAUSE, CONSTRUCTION OF WORDS, CATCHLINES, GENERAL PENALTY FOR VIOLATION, APPLICATION, AND LIABILITY OF OFFICERS; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY CLERK, DEPUTY CITY CLERK; AMENDING TITLE 1, CHAPTER 8, ARTICLE A, MERIDIAN CITY CODE, REGARDING APPOINTMENT, TERM OF OFFICE, AND DUTIES OF CITY TREASURER; REPEALING AND REPLACING TITLE 1, CHAPTER 9, MERIDIAN CITY CODE, REGARDING CITY FINANCES: DEFINITIONS, INVESTMENTS, BUDGET POLICY; REPEALING TITLE 1, CHAPTER 12, REGARDING JOINT BUILDING AND PLANNING AND ZONING DEPARTMENT AND FUND; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-90IA(3). DATED this day of 2014. William. L.M. Nary City Attorney TITLE I UPDATE PAGE 21 of 21 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT REPORT - TEXTING WHILE DRIVING Legal Department Report: City Code Provisions Regarding Texting While Driving f cx � c,w"Dt� 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 IAl:1_129 CITY OF MERIDIAN ORDINANCE NO. May 13, 2014 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 7-1-9, RELATING TO TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the passage of Meridian City Code section 7-1-9, prohibiting texting and driving, the Idaho legislature has passed Idaho Code section 49-1401A, thereby preempting Meridian City Code section 7-1-9,- NOW, -1-9; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 7-1-9 is hereby repealed. Section 2. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May , 2014. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk REPEALING TEXTING WHILE DRIVING ORDINANCE PAGE 1 OF 3 DRAFT May 13, 2014 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 7-1-9, RELATING TO TEXTING WHILE DRIVING; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 2014. William. L.M. Nary City Attorney REPEALING TEXTING WHILE DRIVING ORDINANCE PAGE 2 OF 3 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: 7H PROJECT NUMBER: ITEM TITLE: FIRE/CODE ENFORCEMENT/LEGAL PARKING CODE UPDATES Fire/Code Enforcement/Legal Department Report: Parking Code Updates 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 DRAFT CITY OF MERIDIAN ORDINANCE NO. May 13, 2014 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-1-2(B)(8), AUTHORIZING FIRE CHIEF TO SOLICIT ASSISTANCE FROM POLICE AND CODE ENFORCEMENT OFFICERS IN KEEPING FIRE LANES FREE FROM VEHICLES; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(A)(3)(H) TO REGULATE PARKING OF UNREGISTERED VEHICLES ON PUBLIC STREETS; REPEALING MERIDIAN CITY CODE SECTION 7-2-8, PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; ADOPTING NEW PROVISIONS OF TITLE 7, CHAPTER 2, MERIDIAN CITY CODE, REGARDING PARKING IN FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY, AND PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; AMENDING MERIDIAN CITY CODE SECTION 10-4-2, RELATING TO AMENDMENT OF 2012 INTERNATIONAL FIRE CODE SECTION 109.4, RELATING TO VIOLATION PENALTIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the public interest of the City of Meridian would be best served by empowering police and code enforcement officers to enforce the provision of the fire code preventing parking in a fire lane; and WHEREAS, by incorporating into Meridian City Code a prohibition on parking in a space designated for persons with disability, officers may enforce these provisions by posting parking tickets on vehicles parked in violation of this provision, rather than serving uniform citations on the vehicle owners; and WHEREAS, the City Council of the City of Meridian hereby finds that good cause exists for an amendment to the 2012 International Fire Code (IFC); that such amendment is reasonably necessary for the protection of the public health, safety, and welfare; and that it does establish at least an equivalent level of protection to that of the 2012 IFC; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: Section 1. That Meridian City Code section 5-1-2(B)(8) is hereby amended as follows. B. Functions, Powers and Duties: In addition to those general functions, powers and duties given to the Department head by other provisions of this Code, the Fire Chief shall: 8. Solicit, or cause to be solicited by his designee, police officers to assist in directing t ffi ffi. bl oekadi ft streets __n order- to keep h -e keeping streets and highways in the vicinity of the an emergency; free from vehicles, and solicit, or cause to be solicited by his designee police and code enforcement officers to assist in keeping fire lanes and fire annaratus access roads free from vehicles Section 2. That two new sections, Meridian City Code sections 7-2-5(A)(3)(d) and (e), are added to Meridian City Code section 7-2-5(A)(3), to read as follows. PARKING CODE UPDATE -FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 1 OF 5 DRAFT May 13, 2014 A. Parking On Public Streets: No person shall park or place, or cause to be parked or placed, upon any public street, regardless of whether attended or unattended: 3. For any length of time, except as otherwise allowed in this section: a. Any vehicle, either motorized or nonmotorized, having a GV WR greater than twelve thousand (12,000) pounds, unless such vehicle is a motor home or recreational vehicle, in which case the provisions of subsection Alb of this section shall apply. b. Any pole trailer or semitrailer. c. Any vehicle designed or used primarily as farm or construction equipment. d. Any vehicle without license plates. e. Any vehicle without current registration. Section 3. That Meridian City Code section 7-2-8 is hereby repealed. Section 4. That the following provisions shall be added to Title 7, Chapter 2, Meridian City Code: 7-2-8: PARKING IN FIRE LANE: Except in compliance with law or the direction of a police officer or fire fighter, no person shall park a vehicle in any fire apparatus access road in violation of International Fire Code, 2012 edition, section 503.4, or like provision subsequently adopted, where such fire apparatus access road is marked in accordance with International Fire Code, 2012 edition, sections 503.3 and D103.6, or like provisions subsequently adopted. The fire code official, and/or his designee, including police and code enforcement officers of the Meridian Police Department, shall be authorized to enter upon private property open to public use to investigate and enforce violations of this section. 7-2-9: PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY: A. Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in Idaho Code section 49- 213(1)(c), is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. In addition to other penalties set forth in this chapter, vehicles parked in violation of this section may be towed. B. Police and code enforcement officers of the Meridian Police Department shall be authorized to enter upon private property open to public use to enforce the provisions of this section. 7-2-10: ENFORCEMENT AUTHORITY; PARKING TICKETS AND PROCEDURES: A. Enforcement of Parking Regulations: Except as otherwise designated herein, police officers and code enforcement officers of the Meridian Police Department, upon observing a vehicle parked, standing or stopped in violation of any provision of this chapter, may leave upon such vehicle a PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 2 OF 5 101:7T1i May 13, 2014 separate ticket for each violation or posted time limit as frequently as every two (2) hours that such vehicle is parked or placed in violation of the provisions of this chapter. B. Contents Of Ticket: Each parking ticket shall bear the date and hour of leaving the same at or upon the vehicle, make and license number of such vehicle, the specific code section violated, the amount of the fine, and the address to which payment of such fine shall be mailed or delivered. C. Filing Of Tickets: One copy of each ticket issued shall be filed with the police department. D. Responsibility For Violation: If any vehicle is found stopped, standing or parked in any manner violative of the provisions of this chapter, the owner or person in whose name said vehicle is registered or the named lessee in a rental or lease agreement of said vehicle shall be held prima facie responsible for said violation. E. Administrative Procedure; Payment of Parking Fines: Each person receiving a parking ticket under this chapter left upon his or her vehicle shall: Fine Schedule: Within seven (7) days of the time of such ticket, pay to the police department in full satisfaction of such violation, the amount indicated in the following fine schedule for each notice left upon his or her vehicle. a. Fifteen dollars ($15.00) for each violation of section 7-2-2, "Prohibited Parking," or 7-2-3, "Parallel or Angle Parking," or 7-2-7, "Parking On City Property Where Parking Permit Required," of this chapter. b. Thirty five dollars ($35.00) for each violation of section 7-2-4, "Parking In Alleys," or 7-2- 5, "Parking On Public Streets Other Than Alleys," of this chapter. c. Fifty dollars ($50.00) for each violation of section 7-2-6, "Parking on Public Property Other Than Streets or Alleys," or 7-2-8, "Parking in Fire Lane," of this chapter. d. One hundred dollars ($100.00), or the fine amount set by law, for each violation of section 7-2-9, "Parking in Space Designated for Persons with Disability." 2. Additional Penalty for Late Payment: Where a parking ticket issued pursuant to this chapter has not been paid within the seven (7) days above prescribed, the ticketed party shall incur an additional penalty of ten dollars ($10.00). Further, the failure of any ticketed person to pay such fine within the seven (7) days above prescribed shall render the ticketed party subject to the process set forth in this section for nonpayment of parking fine. F. Contested Ticket; Nonpayment Of Parking Fine: In the event a ticketed party contests such parking ticket, and/or in the event of nonpayment of a fine in accordance with administrative procedure set out hereinabove, an infraction citation or complaint for a parking violation or a failure to pay a parking penalty may be filed in the magistrate division of the district court. Section 5. That the relevant provisions of Meridian City Code section 10-4-2 shall be amended as follows: 10-4-2: AMENDMENTS TO THE FIRE CODE: To the extent that any provision of the international fire code, 2012 2009 edition (hereinafter IFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 3 OF 5 DRAFT May 13, 2014 following amendments to the IFC shall apply: IFC section 109.4 shall be amended to read as follows: Section 109.4 Violation Penalties. Except as otherwise set forth in Meridian City Code, gpersons who shall violate a provision of the IFC as herein adopted and amended or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of the IFC as herein adopted and amended, shall be guilty of a misdemeanor, punishable by a fine of not more than $500.00 dollars or by imprisonment not exceeding 30 days, or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Section 6. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May , 2014. APPROVED: Tammy de Weerd, Mayor ATTEST: Jaycee Holman, City Clerk PARKING CODE UPDATE -FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 4 OF 5 DRAFT May 13, 2014 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AN ORDINANCE AMENDING MERIDIAN CITY CODE SECTION 5-1-2(B)(8), AUTHORIZING FIRE CHIEF TO SOLICIT ASSISTANCE FROM POLICE AND CODE ENFORCEMENT OFFICERS IN KEEPING FIRE LANES FREE FROM VEHICLES; AMENDING MERIDIAN CITY CODE SECTION 7-2-5(A)(3)(A) TO REGULATE VEHICLES WITH GVWR OF 10,000 OR MORE; REPEALING MERIDIAN CITY CODE SECTION 7-2- 8, PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; ADOPTING NEW PROVISIONS OF TITLE 7, CHAPTER 2, MERIDIAN CITY CODE, REGARDING PARKING IN FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY, AND PARKING CODE ENFORCEMENT AUTHORITY, TICKETS, AND PROCEDURES; AMENDING MERIDIAN CITY CODE SECTION 10-4-2, RELATING TO AMENDMENT OF 2012 INTERNATIONAL FIRE CODE SECTION 109.4, RELATING TO VIOLATION PENALTIES; AND PROVIDING AN EFFECTIVE DATE. City of Meridian Mayor and City Council By: Jaycee Holman, City Clerk First Reading: Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14 - The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance no. 14 - of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A(3). DATED this day of 12014. William. L.M. Nary City Attorney PARKING CODE UPDATE -FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 5 OF 5 Meridian City Council Meeting DATE: Mav 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT REPORT - TRAUMA INTERVENTION Police Department Report: Trauma Intervention Programs, Inc. (TIP) 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 DRAFT May 13, 2014 PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. This PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. ("Agreement") is made this day of May, 2014 ("Effective Date") between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Trauma Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California ("TIP") (collectively, "Parties"). WHEREAS, the Meridian Police Department desires the services offered by TIP as described in Exhibit A hereto, including provision of comprehensive emotional and practical support services, on an as -needed basis, to victims of emergency situations and traumatic events; 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 STATEMENT of WORK. Pursuant to the terms and conditions of this Agreement, TIP shall provide the following services: A. Immediately upon receipt of payment by City, TIP shall establish an affiliate branch of TIP within Ada County, Idaho in order to provide the services enumerated herein within Meridian, Idaho. Throughout the term of this Agreement, TIP shall provide all personnel, volunteers, supplies, and equipment necessary to accomplish TIP's obligations under this Agreement. B. By September 30, 2014, TIP shall complete a Volunteer Training Academy, select and train a local crisis team manager, and train local emergency personnel on TIP and how to utilize TIP's services. A. By November 1, 2014, TIP personnel shall be available, twenty-four hours a day, to provide on -scene emotional and practical support services to victims of emergency situations and traumatic events ("clients"), upon request or referral by City personnel. Such support services shall include, but shall not be limited to: on -scene emotional support and/or counseling; arrangements for clean-up services; notification to family, friends and others as directed or needed by client; providing information and referrals to follow-up support services; and at least one follow-up contact. TIP shall make available to City sufficient information to enable City personnel to contact the appropriate local TIP volunteer at any time, including phone numbers and names of all TIP volunteers and supervisors on call. City's use of TIP shall be in the sole discretion of City and City personnel. TIP agrees that the City may decline TIP services at any time, even if initially called out by City, at City's sole discretion. II. STANDARD OF PERFORMANCE. TIP's practices and provision of services shall comport with the provisions of TIP's Articles of Incorporation and Bylaws, attached hereto as Exhibit B. TIP and each and all of TIP's agents, employees, and volunteers, shall be fully qualified to, PROFESSIONAL SERVICES AGREEMENT -TRAUMA INTERVENTION SERVICES PAGE I OF I DRAFT May 13, 2014 and shall, perform these services and all components thereof in accordance with generally accepted industry standards and practices. Neither TIP nor any byproduct or component of its activities shall in any way harm or endanger the health, safety, and/or welfare of TIP agents, employees, or volunteers; any member of the public and/or City personnel. III. TERM. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire one (1) year from the Effective Date unless earlier terminated or extended in the manner as set forth in this Agreement. IV. PAYMENT. Within thirty (30) days of receipt of invoice; completed W-9 form; proof of insurance as required by this Agreement; and execution of agreements with City of Eagle, City of Garden City, City of Kona, City of Meridian, City of Star, and Ada County Sheriff's Office, City shall pay TIP a maximum amount of twenty-five thousand, one hundred sixty- four dollars ($25,164.00) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident according to the 2010 census (i.e. 209,700 persons times 00.12 cents per capita). City shall not withhold any federal or state income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. V. INDEMNIFICATION. TIP 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 TIP, its servants, agents employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. TIP acknowledges that the provision of services to City as described in this Agreement carries risks, some of which are unknown, and TIP does assume all known and unknown risks and hazards of providing services as described in this Agreement. VI. INSURANCE. TIP 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 of $500,000, or the maximum amount specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, whichever is higher. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City. If City becomes liable for an amount in excess of the insurance limits, herein provided, TIP covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. TIP shall provide City with proof of insurance as required by this Agreement. In the event the insurance minimums are changed, TIP shall immediately submit proof of compliance with the changed limits. TIP acknowledges that City shall not provide for TIP, or for its agents, employees, or volunteers, any insurance or coverage of any kind, whether financial, medical, or otherwise, for any accidents, injuries, illnesses, losses, or damages that result during or arise out of the services provided under this Agreement and/or any activity related thereto. A. TIP shall maintain automobile insurance with a limit of no less than $500,000 per occurrence for owned, non -owned and hired vehicles. If TIP has no owned motor PROFESSIONAL SERVICES AGREEMENT -TRAUMA INTERVENTION SERVICES PAGE 2 OF 2 DRAFT May 13, 2014 vehicles, then hired and non -owned motor vehicle liability coverage with limits not less than $500,000 per accident for bodily injury and property damage is required. Where applicable, the City of Meridian shall be named as an additional insured. B. TIP shall have and maintain during the life of this contract, Workers Compensation coverage in the amount required by Idaho law. VII. INDEPENDENT CONTRACTOR. In all matters pertaining to this Agreement, TIP shall be acting as an independent contractor, and neither TIP, nor any officer, employee or agent of TIP, will be deemed an employee of City. The selection and designation of City personnel in the performance of this Agreement shall be made by the City. Specifically, without limitation, TIP understands, acknowledges, and agrees that TIP is free from actual and potential control by City in the provision of services under this Agreement. Specifically, without limitation: A. TIP is engaged in an independently established trade, occupation, profession, or business. B. TIP has the authority to hire subordinates. C. TIP owns and/or will provide all major items of equipment necessary to perform services under this Agreement. VIII. No AGENCY. It is understood and agreed TIP is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in any activity undertaken pursuant to this Agreement. TIP shall have no authority or responsibility to exercise any rights or power vested in City. IX. CONFIDENTIALITY. Neither TIP nor its volunteers shall use information gained in the course of provision of services under this Agreement for any purpose other than fulfillment of its obligations hereunder. TIP and TIP personnel shall, at all times during the term of this Agreement and thereafter, hold in strictest confidence, and shall not use or disclose to any person, firm or corporation, for any purpose whatsoever, any confidential information shared with or become known to TIP in the course of providing services under this Agreement, except as required by law or court order. This provision and the obligations inuring to TIP hereunder shall survive the termination or expiration of this Agreement. X. NOTICES. Any and all notices required to be given by either of party hereto shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City: Meridian Police Department Attn: Chief of Police 1401 E. Watertower TIP: Trauma Intervention Programs, Inc. 1420 Phillips Street Vista CA 92083 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT-TRAOMA INTERVENTION SERVICES PAGE 3 OF 3 o 'T_1 :1 i May 13, 2014 XI. 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. XII. 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. XIII. FORCE MAaEuRE. Any delays in or failure of performance by TIP shall not constitute a breach or default hereunder if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of TIP, including but not limited to, acts of God or the public enemy; compliance with any order or request of any governmental authority; fires, floods, explosion, accidents; riots, strikes or other concerted acts of workmen, whether direct or indirect; or any causes, whether or not of the same class or kind as those specifically named above, which are not within the reasonable control of TIP. In the event that any event of force majeure as herein defined occurs, TIP shall be entitled to a reasonable extension of time for performance of services under this Agreement. XIV. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that TIP 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. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. XV. DISCRIMINATION PROHIBITED. In performing the Services required herein, TIP shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity/expression, national origin or ancestry, age or physical disability. XVI. 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. XVII. 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 TIP's records with respect to all matters covered by this Agreement. TIP 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. PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAGE 4 OF 4 U]19A_1911 May 13, 2014 XVIII. COMPLIANCE WITH LAws. In performing the scope of services required hereunder, TIP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. XIX. TERMINATION FOR CAUSE. If, through any cause, TIP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if TIP shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to TIP of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this Agreement is terminated for cause, TIP shall be entitled to just and equitable compensation for any work satisfactorily completed hereunder; City shall be entitled to a prorated portion of the amount paid for work not completed. This provision shall survive the termination of this agreement and shall not relieve TIP of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in this agreement. XX. TERMINATION FOR CONVENIENCE OF CITY. The City may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to TIP. If this Agreement is terminated for convenience of City, TIP shall be entitled to the amount actually paid by City. XXI. NON -APPROPRIATION. Should funding become not available, due to lack of appropriation, the City may terminate this agreement upon fifteen (15) days notice. XXII. 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. XXIII. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. XXIV. 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. Venue shall be in the courts of Ada County, Idaho. XXV. APPRovAL REQUIRED. This Agreement shall not become effective or binding until approved by the governing bodies of the City of Meridian, City of Eagle, City of Garden City, City of Kuna, City of Meridian, City of Star, and Ada County Sheriff s Office. XXVI. EXHIBITS. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of May, 2014. PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAGE 5 OF 5 11119A M TRAUMA INTERVENTION PROGRAMS, INC: STATE OF CALIFORNIA Wayne Fortin, Chief Executive Officer CITY OF MERIDIAN: MN May 13, 2014 ss: County of ) I HEREBY CERTIFY that on this day of May, 2014, before the undersigned, a Notary Public in the State of California, personally appeared Wayne Fortin, proven to me to be the person who executed the said instrument, and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Califon Residing at My Commission Expires: Attest: Jaycee Holman, City Clerk California PROFESSIONAL SERVICES AGREEMENT—TRAUMA INTERVENTION SERVICES PAGE 6 OF 6 DRAFT May 13, 2014 EXHIBIT A TIP'S OFFER OF SERVICES PROFESSIONAL SERVICES AGREEMENT -TRAUMA INTERVENTION SERVICES PAGE 7 OF 7 � ' `lgi May 13, 2014 EXHIBIT B TIP'S ARTICLES OF INCORPORATION TIP'S BYLAWS PROFESSIONAL SERVICES AGREEMENT -TRAUMA INTERVENTION SERVICES PAGE 8 OF 8 Trauma Intervention Programs, Inc Page 1 of 2 RECEIVE] iyy� These are just a sample of the terrible things that can happen to victims in the aftermath of a tragic event. One of TIP's main goals is to help prevent these second injuries from happening. TIP volunteers are trained to step in to work with staff and responders. For example, victims are given information as to how to contact crime scene cleanup companies and other community services. TIP volunteers also help protect victims against well-meaning friends who mistakenly say the wrong things. Read, "Not A Compassionate Nation... Yet" http://www.tipnational.org/whytip.htmi 5/13/2014 CITY OFGfFT.! r CITY CLERKS OFFICE Trauma Intervention Programs, Inc '.. NATIONAL SITE welcome Why TIP 1 '.. National Board Members '.. Select Language Founder National Advisory Board Donate to TIP A major reason for the TIP Program is to prevent what mental health professionals call the "Second Injury." The Second why TIP Injury is a victim's perspective that the emergency system did Resources not provide the support needed after a tragic event. Emergency personnel simply do not have the time to provide Emotional First Aid this support. They call TIP Volunteers who can prevent a Media second injury. In parts of the country which do not have a TIP Program, Affiliates second injuries reported by victims are common. Three Examples of Second 1 Injuries Programs 85ervices An elderly gentleman, whose wife was hit and killed in a crosswalk, Become An Affiliate was not informed why she was left in the street for hours. To this day, Give Us Feedback the husband is still angry at "the system." !.... Testimonials After a young man killed himself, his family was left to clean the bloody Contact Us scene on their own. To this day, they wonder "why didn't anyone help us with this awful task?" After a mother of four died in an emergency department, her family felt pressed by busy hospital staff into choosing a mortuary. To this day, the family regrets the hurried decision they made. These are just a sample of the terrible things that can happen to victims in the aftermath of a tragic event. One of TIP's main goals is to help prevent these second injuries from happening. TIP volunteers are trained to step in to work with staff and responders. For example, victims are given information as to how to contact crime scene cleanup companies and other community services. TIP volunteers also help protect victims against well-meaning friends who mistakenly say the wrong things. Read, "Not A Compassionate Nation... Yet" http://www.tipnational.org/whytip.htmi 5/13/2014 Trauma Intervention Programs, Inc http://www.tipnational.org/whytip.htmi Page 2 of 2 5/13/2014 Trauma Intervention Programs, Inc Page 1 of 2 Trauma Intervention Programs, Inc NATIONAL SITE Welcome Emotional First Aid National Board Members Select Lanauaae I V Founder --- National Advisory Board Donate to TIP Why TIP Resources Emotional First Aid Media Emotional First Aid: A set of life skills used by lay citizens and emergency Affiliates responders to provide the support a person who is emotionally shocked needs immediately following a crisis event. Programa&serviaea HOW TO HELP THE EMOTIONALLY INJURED AFTER TRAGEDY Become An Affiliate STRIKES Give Us Feedback Testimonials Contac) lis Reach Out Physically Position yourself at the victims side and at his level. Touch unless the victim pulls away Use a soft voice Use the victim's name Touch unless the victim pulls away. Reach Out Emotionally Ask the victim how he is feeling Acknowledge the victim's experience Don't minimize the victim's experience (i.e., "You'll be O.K.") Don't Overlook the Quiet Victims Many victims after a tragic event are stunned and may appear unaffected. Remember that many people can be affected by a tragic event -witnesses, rescuers, children ...Don't overlook these invisible victims." When you suspect someone is affected by a tragic event, reach out with Caring Curiosity - How are you? Protect: http://www.tipnational.org/emotionalfirstaid.html 5/13/2014 Trauma Intervention Programs, Inc Page 2 of 2 Most major decisions can wait until the victim is thinking clearly. Protect the victim from making impulsive decisions. Protect the victims from being victimized by others who may not have the best interest of the victim in mind. Provide for the victim's physical needs -food, medicine, safe place... Reassure: Many victims have an urgent need for information after a tragic event - "What happened?"; "Why?" Assist the victim in getting the information he needs. The victim may need an Information Advocate. Victims often blame themselves for the crisis event. Help a guilty victim gain perspective by asking him to tell you the "whole story." Try to gently point out to the victim what he did right before, during, or after the tragic event. Organize: Victims are often paralyzed after a tragic event and often lose their capacity to deal with all the new demands created by the tragedy. Assist the victim in developing a simple plan. Suggest - Let's focus on what needs to be done now." Reinforce the actions which the victim is taking or wants to take to emotionally survive the tragic event. The victim will struggle to find something or someone to hold onto in the first few hours. You may need to "clear the way" so that what the victim wants to do he is able to do. Summary: In the first few hours after a tragic event, the victim is often surrounded by people who have "a job to do" or who have opinions about what the victim should or shouldn't do. The primary goal of the person providing Emotional First Aid is to enable the victim to act according to his wishes, values, and beliefs and not according to what others think should be done. Do not "over care" or do too much for the victim. Remember that the primary psychological challenge for the victim is to regain a sense of control. Therefore, the victim should be encouraged to make decisions and take action in his own behalf. Finally, a broken heart cannot "be fixed." Don't try! A caring presence is what you can offer to someone who is emotionally devastated. Just being there is very powerful and will be experienced by the victim as very helpful. Trauma Intervention Program © Copyright TIP National - created by Diane M http://www.tipnational.org/emotionalfirstaid.html 5/13/2014 Trauma Intervention Programs, Inc Welcome '., National Board Members Founder National Advisory Board Donate to TIP Why TIP Resources Emotional First Aid Media Affiliates Programs 8 Services Become An Affiliate Give Us Feedback Testimonials Contact Us Trauma Intervention Programs, Inc NATIONAL SITE Training Academy Page 1 of 1 TIP Affiliates across the nation conduct Volunteer Training Academies designed to train local residents to be TIP volunteers. The Volunteer Training Academy is a 55 hour training which residents interested in becoming TIP volunteer must complete. The Training Academy is taught by National Trainers and covers the following topics ❑ Victimology ❑ Emotional First Aid ❑ Working Effectively in the Emergency System ❑ Helping family members after a death in the family ❑ Safety and Street Smarts ❑ TIP Policies and Procedures The Training Academy utilizes a variety of teaching methods including lecture, role playing, guest speakers, and demonstrations. Trauma Intervention Program © Copyright TIP National -created by Diane M http://www.tipnational.org/volunteertrainingacadem.html 5/13/2014 Trauma Intervention Programs, Inc Page 1 of 2 Trauma Intervention Programs, Inc NATIONAL SITE Welcome'.. Become an Affiliate National Board Members'. Founder .. .._� National Advisory Board Donate to TP Why TIP Resources Emotional First Aid Media How to start a TIP Affiliate Affiliates Programa B Services The Organizing Phase: Become AnAmllate A Local Organizing Committee (LOC) is formed. Ideally, this committee is Biveus Feedback comprised of public safety personnel, hospital personnel, elected officials and prominent citizens. With materials and support from TIP National, the Testimonials LOC performs the following activities: Contact us A. Conducts a needs assessment in the local community (Is there a need for a TIP Program?). B. Obtains "buy in" from local emergency agencies to support the TIP program once established. C. Identifies funding sources for operation of the local TIP Affiliate. D. Identifies a local organizer who works with TIP National to complete start up activities(recruiting volunteers, setting up Training Academy ...). E. Conducts the Volunteer Training Academy in the local community. F. Graduates the first class of TIP volunteers. http://www.tipnational.org/becomeanaffiliate.html 5/13/2014 Trauma Intervention Programs, Inc Page 2 of 2 Operating Phase For the first 2 years of operation, TIP National serves as the administrative organization for the local chapter. TIP National .. . A. Hires a Crisis Team Manager to manage the program. B. Provides leadership and operations training to the Crisis Team Manager. C. Trains emergency personnel to utilize the program. D. Begins offering TIP services to the local community. E. Incorporates the local chapter as an Independent TIP Affiliate. Trauma Intervention Program © Copyright TIP National - created by Diane M http://www.tipnational.org/becomeanaffiliate.html 5/13/2014 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. /y - I L 05 : An Ordinance (AZ 14-002 Revolution Ridge Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest '/< Of Section 25, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; Establish -ging And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Low Density Residential District); And Providing An Effective Date. MEETING NOTES !iu Vsk 5 3. 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 0. Rich AMOUNT .00 5 BOISE IDAHO 05114114 10:36 AM DEPUTY Che Fowler III IIIIIIII IIIIIIIIIIIIIIIIIIIIIII III RECORDED -REQUEST OF 114036599 Boise City CITY OF MERIDIAN ORDINANCE NO. /y' l& Q5 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-002 REVOLUTION RIDGE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NORTHWEST % OF SECTION 25, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: C13,LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION —REVOLUTION RIDGE SUBDIVISION (AZ 14-002) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this /3 -JA day of :Vd v , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 34'day of , 2014. ATTEST:city (�0U ✓ICr SCS i !ice C�r J C L. HOLMAN CITY C Mir �I;I�ID1� N; ANNEXATION — REVOLUTION RIDGE SUBDIVISION (AZ 14-002) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this Y3 day of"e j 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared and JAYCEE L. HOLMAN, known to me to be the Ib4ayer a�d C}'ty ler ,respective y, o t e City of Meridian, Idaho, and who executed the within ins�ru" "ment, {a`n ad�Tc cnowledged tome 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. NO ARY PUBL C FOR MAW RESIDING AT: p� n 1 MY COMMISSION EXPIRES:�A VI ANNEXATION — REVOLUTION RIDGE SUBDIVISION (AZ 14-002) Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION FOR ANNEXATION A parcel of land located In the Northwest 1/4 of Section tri, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The North line of the Northwest 114 of Section 25, Township 3 North, Range 1 West, Boise Meridian, derived from found monuments and taken as South 89020'30" East with the distance between monuments found to be 2,640.21 feet. BEGINNING at a point on the North line of the Northwest iM of Section 25, Township 3 North, Range 1 West, Boise Meridian, from which the Northwest corner of said Section 26 bears North 89°2010" West a distance of 1,620.02 feel; thence along said North line, South 89020'30" East a distance of a distance of 478,19 feet to the centerline of Kentucky Ridge Road; thence along said centerline the following Ihree(3) courses: South 00920'22" West a distance of 191.56 feel; along a curve to the left with a radius of 228.00 feet end a central angle of 67044'15" an arc length of 229,76 feet with a chord bearing of South 28°23'46" East, and a chord distance of 220,16 feet; South 57°16'53" East a distance of 65,36 feel; thence leaving said centerline, South 32°44'07" West a distance of $0.00 feet: thence South 61036'16" West a distance of 33.74 feel; thence South 10°47'18" West a distance of 339.91 feet; thence South 00027'48" West a distance of 528,85 feet; thence North 89023'16" West a distance of 835,02 feel; thence North 00032'33" East a distance of 698.66 feet; thence South 89920'30" East a distance of 300.00 feel; thence North 00032'33" East a distance of 726,00 feel to the POINT OF BEGINNING, Said parcel containing 868,381 square feet or 20,39 acres, more or less. END OF DESCRIPTION Russell E. Badgley, P,L.S. 12450 Timberline surveying 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Revolution Ridge Subdivision AZ 14-002 EXHIBIT B RE!/OL UT/ON R/DOR SUB. ANNEXATION see'za'Jo"e•Joo,9o' 898,381 sq.((, ly 20,39 ao, �I I NBB'2J'f "W • V 0 BJS,OP' I L BASIS OF BEARINO LE110TI1 RADIUS DELTA S09'20'30'E - 2840.21' OHOeb I OFAOINO 2324 8BA'20'30'E `tczo.oz — 509'20'30"B•470.19' Y10Y0PY P010 S6B'20'JO'E•042.00' 26+— YY0.10 OYO'Yd'46'E F I � o1 O } c 6 ? °o I 4Ose 557'}0'83"E sE.JO' I �S3244'071 Y 30.00' 801.30'10"W 9 33,74' RE!/OL UT/ON R/DOR SUB. ANNEXATION see'za'Jo"e•Joo,9o' 898,381 sq.((, ly 20,39 ao, �I I NBB'2J'f "W • V 0 BJS,OP' I L REVOLUTION RIDGE SUBDIVISION ANNEXATION DISPLAY MAP SkCNON 26, TOWNSHIP 3 NORTH, RANGE 1 WEST, B,M, Revolution Ridge Subdivision AZ 14-002 WBYE LE110TI1 RADIUS DELTA TNPoENi OHOeb I OFAOINO CI 2Yp.16' YY6.OIY 61'44'16' Ii6.Y0� YY0.10 OYO'Yd'46'E REVOLUTION RIDGE SUBDIVISION ANNEXATION DISPLAY MAP SkCNON 26, TOWNSHIP 3 NORTH, RANGE 1 WEST, B,M, Revolution Ridge Subdivision AZ 14-002 Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. l q- 1(g D(, : An Ordinance (RZ 14-002 Reardon Subdivision) For Rezone Of A Parcel Of Land Being Lot 2, Block 1, Hearthstone Subdivision As Recorded In Book 86, Page 9650, Ada County Recorders And A Portion For The Adjacent Right Of Way Of West Cherry Lane, Located In The NE'/4 Of The NW '/4 In Section 10, Township 3 North, Range 1 West, Boise Meridian, Ada County; Establishing And Determining The Land Use Zoning Classification Of Said Lands From R- 4 (Low Density Residential District) To R-8 (Medium Low Density Residential District) In The Meridian City Code; And Providing An Effective Date MEETING NOTES �1p Fsf� 13Yr�'e,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 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 5 BOISE IDAHO 05/14114 10:36 AM RDEPUTY ECORDED eFowler REQUESTOF �II IIII�IIIII'lll'III�III'llllllll'll Boise City 114036604 CITY OF MERIDIAN ORDINANCE NO. 0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 14-002 REARDON SUBDIVISION) FOR REZONE OF A PARCEL OF LAND BEING LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION AS RECORDED IN BOOK 86, PAGE 9650, ADA COUNTY RECORDERS AND A PORTION FO THE ADJACENT RIGHT OF WAY OF WEST CHERRY LANE, LOCATED IN THE NE'/ OF THE NW '/a IN SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM R4 (LOW DENSITY RESIDENTIAL DISTRICT) TO R-8 (MEDIUM LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: C52, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from R-4 (Low Density Residential District) to R-8 (Medium Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — REARDON SUBDIVISION (RZ 14-002) Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 15`" day of 1 y0. , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 1'5f day of '%1�Ct�li , 2014. ATTEST: Gor �' clyor 76ET�lDi AV ID 'YC4 L. HOLMAN CITY CLE 1"AL P r 4 ANNEXATION — REARDON SUBDIVISION (RZ 14-002) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this [-2� day of "a ' 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared nd JAYCEE L. HOLMAN, known tome to be thec ron1 an Coity Cle k, espec ivegy, o t e rty of Meridian, Idaho, and who executed the within ins ent, n ac owledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) �,`cplrAJ0!V. NOTARY PUBLIC FOR IDAI $O �� RESIDINGAT:x tC�io�,1 11i MY COMMISSION EXPIRES: 1 . ANNEXATION - REARDON SUBDIVISION (RZ 14-002) Page 3 of 3 EXHIBIT A DESCRIPTION FOR PROPOSED REARDON SUBDIVISION REZONE February 18, 2014 A PARCEL OF LAND BEING LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION AS RECORDED IN BOOK 86, PAGE 9650, ADA COUNTY RECORDERS AND A PORTION OF THE ADJACENT RIGHT OF. WAY OF WEST CHERRY LANE, LOCATED IN THE NE Y. OF THE NW Y IN SECTION 10, TOWNSHIP 3 NORTH, RANGE 1 WEST OF THE BOISE MERIDIAN,MERIDIAN, ADA COUNTY IDAHO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SECTION 10, T3 N., R.1 W., B.M.; THENCE S 89°40'23"E 1651.05 FEET ALONG THE NORTH LINE OF SAID SECTION 10 TO THE INTERSECTION OF SAID NORTH LINE AND THE WEST LINE OF HEARTHSTONE SUBDIVISION EXTENDED, THE REAL POINT THENCE S 89°40'23" E 228.45 FEET ALONG THE SAID NORTH LINE TO A POINT; THENCE S 01°06'06" W 148.39 FEET ALONG THE BOUNDARY OF LOT 2, BLOCK 1, HEARTHSTONE SUBDIVISION EXTENDEDTOA POINT; ALONG THE BOUNDARY OF SAID LOT THE FOLLOWING; THENCE S 03°5846" E 30.50 FEET TO A POINT; THENCE S 89°37'13" E 106.31 FEET TO A POINT, THENCE 500°15'53"W165.92 FEET TO THE SOUTHEAST CORNER OF SAID LOT 2; THENCE N 89°36'30" W 332.64 FEET TO THE SOUTHWEST CORNER OF SAID LOT 2; THENCE N OD°06'09" W 344.44 FEET ALONG THE WEST LINE OF SAID LOT 2, BLOCK 1 EXTENDED TO THE REAL POINT OF BEGINNING OF THIS DESCRIPTION, CONTAINING 2.20 ACRES, MORE OR LESS. Reardon (RZ14-002) EXHIBIT B EXHIBI N. NOTES 1. ALL BEARINGS AND DISTANCES ARE CALCULATED PER LEGEND PLAT OF HEARTHSTONE SUBDIVISION RECORDED IN BK. ® MEASUREMENT POINT 86 PG. 9650 ADA COUNTY RECORDERS. ® 2. EXISTING .ZONE R-4, PROPOSED R-8. REZONE BOUNDARY SUBDIVISION BOUNDARY EASEMENT LINE 4 3 R.P.O.B. WEST CHERRY LANE 1/4 9 ®. ® ® �. 6.$ 40uLE' a'� ' l6B 4a 10 ! OW41 OI E 334,66' ' 869.13' r 227.61_ 107.05 I 4 imp r o I Y m I >� LOT 1I NOT A PART I Opp p �N LOT 2 S 6917 11 ..3 o I BLOCK 1 o C 2I z REZONE AREA I 2.20 ACRES ®o�pl LA4 N z 332.64' N.89'36'30' W UNPLATTED 'i9L_tnmd®g4n_a�_®akn REZONE DESCRIPTION FOR PROPOSED REARDON SUBDMSION LOT 2, BLOCK 1 OF HEARTHSTONE SUBDIVISION, LOCATED IN THE NE 1/4 OF THE NW 1/4 OF SECTION 10, T.M., R.M. B,M., MERIDIAN, ADA COUNTY, IDAHO Reardon (RZ14-002) Meridian City Council Meeting DATE: May 13, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics blY 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