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2014-05-21
E IDIAN�- IDAHO CITY COUNCIL SPECIAL MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho AMENDED AGENDA Wednesday, May 21, 2014 at 6:00 PM 1. Roll -Call Attendance X David Zaremba O Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X_ Luke Cavener Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamations A. Proclamation for Mountain View Girls Softball State Champions Day B. Proclamation for Mountain View Rugby State Champions Day 6. Consent Agenda Approved A. Approve Minutes of May 6, 2014 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District C. Final Order for Approval: FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 Page 1 of 4 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. D. Final Order for Approval: FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty - Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District E. Final Order for Approval: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat F. Final Order for Approval: FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts G. Development Agreement for AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District H. Mini Heavy Equipment Rodeo Agreement with CESCO for Public Works Week Expo 2014 I. Equipment Parking Agreement with RWP Meridian LLC for Public Works Week Expo 2014 J. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for a No -to -Exceed Amount of $8,000.00 7. Items Moved From Consent Agenda 8. Action Items A. FP 14-020 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Final Plat Approval Consisting of Five (5) Commercial lots on Approximately 9.11 Acres in the C -G Zoning District Approved B. Public Hearing: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 Page 2 of 4 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. Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District Approved C. Public Hearing: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District Approved 9. Department Reports A. Mayor's Office: Resolution No. 14-990: A Resolution Appointing Woody Garvey to Seat 1 of the Meridian Historic Preservation Commission Approved B. Legal Department: Resolution No. 14-991: A Resolution Appointing Commissioners to Designated Seats on the Meridian Historic Preservation Commission Approve(' C. Community Development: Transportation Update on Projects, Plans and Programs - Including Discussions About Current Construction Projects Including the Meridian Road Interchange, Overlay Projects, and Other Transportation Projects D. Legal Department Report: Historic Meridian Special Events Recommendation to be presented at the May 27, 2014 City Council meeting E. City Council Report: Boy's and Girl's Club Donation Discussion Motion approved to bring an agreement back to City Council for the donation of $500,000.00 to the Boy's and Girl's Club to build a gym facility and that the Legal and Parks Departments arrange within the agreement for City use of the gym for afterhours programs F. Police Department: Awarded Additional FY2014 Traffic Enforcement Mobilization Grant and Alive at 25 Funding Police Department Budget Amendment for Alive at 25 Funding for the Amount of $38,369.00 Approved G. Public Works Department: Budget Amendment for FY2014 in the Amount of $300,000.00 for the Wastewater Treatment Plant Administration Building and Laboratory Construction Approved H. Public Works Environmental Division: Budget Amendment for FY2014 in the Amount of $50,000.00 for Water Quality Trading Program Feasibility Study Approved 10. Ordinances Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 Page 3 of 4 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. A. Ordinance No. 14-1607: Repealing City Code Provisions Regarding Texting While Driving and Uncovered Loads Approved B. Ordinance No. 14-1608: Updates to Title 1, Meridian City Code Approved C. Ordinance No. 14-1609: Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled Persons Approved D. Ordinance No. 14-1610: Updates to Outdoor Sales and Temporary Uses Code Approved E. Ordinance No. 14-1611: Historic Meridian Special Events Code Approved F. Ordinance No. 14-1612: An Ordinance (AZ 14-004 Amberwave Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest 1/40f Of The Northeast 1/40f Section 36, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-15 (Medium High Density Residential District); And Providing An Effective Date Approved 11. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency Into Executive Session at 9:35 PM Out of Executive Session at 9:48 PM 12. Future Meeting Topics None Adjourned at 9:48 PM Meridian City Council Meeting Agenda — Wednesday, May 21, 2014 Page 4 of 4 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 May 21, 2014 A meeting of the Meridian City Council was called to order at 6:08 p.m., Wednesday, May 21, 2014, by Mayor Tammy de Weerd. Members Present: Charlie Rountree , Keith Bird, Genesis Milam, David Zaremba and Luke Cavener. Members Absent: Joe Borton. Others Present: Bill Nary, Jacy Jones, Caleb Hood, Justin Lucas, Clint Dolsby, David Allison, Mollie Mangerich, Scott Colaianna, John Gonzales, Chris Amenn and Dean Willis. Item 1: Roll -call Attendance: X David Zaremba X Charlie Rountree X Genesis Milam X Joe Borton X Keith Bird X Luke Cavener Mayor Tammy de Weerd De Weerd: Well, thank you for your patience. We will go ahead and start tonight's meeting. I know we are a few minutes late. Technology is amazing, but sometimes it can prove some -- some challenges. So, welcome to the Meridian City Council meeting. We appreciate all of you being in attendance and particular to our champion teams. It's always great to see young faces in -- in our audience and you guys are all beaming, so you still must be on your high. So, we will -- we will celebrate with you in just a few minutes on that. So, welcome. For the record, it is Wednesday, May 21st. It's 6:08. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He is with the Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Pastor Drake. Meridian City Council May 21, 2014 Page 2 of 69 Drake: Let us pray. Lord God in Heaven, thank you for the honor, the privilege, the freedom to pray to open up this meeting and -- and, of course, to address the King of Kings and Lord of Lords and what a joy it is that we can do that and, Lord, we just, you know, first of all, thank you for the freedom that we have in our country, that we can do this and we can live where we want to and we can work where we want to and -- and I believe, Lord, that it's because of you and you made this fine place for us to live and so, God, we do lift up the City of Meridian and all of the things that are going on here and we thank you for what a wonderful place it is and, Lord, we also just remember those who aren't experiencing the best of life and we just pray that you would be with them and encourage them and help the hopeless and the fatherless and rush to their aid, Lord, and, Lord, I'm praying for these men and women as they make decisions on behalf of our community and I pray that you give them wisdom and that they would -- as the Word says, that they would seek after righteousness, because righteousness exalts a nation. So, we trust you, God, to do that and encourage them and, Lord, also we just finally pray for -- for hope, Lord, and pray that our people who live in Meridian would have hope, God, that they would trust in you, Lord, as you said that we would love you with all of our hearts, soul, mind and strength and our neighbor as ourself and I pray that true would be a community of people who love one another. So, we give this night to you, Lord, and we appreciate you and appreciate these public servants for what they do and I pray that you would bless them, God, in Jesus' name, amen. De Weerd: Thank you for joining us. We appreciate it. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have a few notes to make on the agenda. On Item 9-A, the resolution number is 14-990. On 9-B the resolution number is 14-991. On Item 10-A the ordinance number is 14-1607. 10-B is 14-1608. On 10-C, 14-1609. D, 14-1610. E, 14-1611. And F, 14-1612. And with those annotations, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as stated. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamations Meridian City Council May 21, 2014 Page 3 of 69 A. Proclamation for Mountain View Girls Softball State Champions Day B. Proclamation for Mountain View Rugby State Champions Day De Weerd: Item No. 5 is a proclamation, so I'm going to move down to the podium and I will ask both our softball champions and our rugby champions to, please, join me -- maybe one team on one side, the other on the other. Okay. Well, tonight we are celebrating Mountain View -- oops. Mountain View has two of three teams here to celebrate their championships that were recently won and we will celebrate the third one next week. So, even though we are celebrating the third team that can't be here tonight next week, we are declaring this day as -- this day for Mountain View. So, let me read the proclamation, then, I will present proclamations to the coaches and at that time if the coaches would like to make remarks I would invite you forward to do so, introduce your teams and we just appreciate this opportunity to congratulate you on your championships and we know the hard work that you put into these. So, with that: Whereas being an athlete builds character, confidence, and teaches teamwork, all qualities that are needed to succeed on the field, in the classroom, and in the real world. And whereas the Mountain View girls track team recently won the 2014 state championship track meet and whereas the Mountain View girls softball team had 26 wins, with only four losses and recently won the 2014 state championship tournament for softball and whereas the Mountain View rugby team had eight wins with only one loss and recently won the 2014 state championship tournament for rugby and whereas capturing their respective state titles builds school spirit and allows those students -- those student athletes to walk the halls of Mountain View with a little extra swagger and whereas with the help of awesome coaches these teams were transformed into winners, with each team member making valuable contributions. Thereof, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim Mountain View High School State Championship Day in the City of Meridian and call upon the community to join me in congratulating these teams on the remarkable athletic achievement and for representing Meridian so proudly in their state championships. Please join me in congratulating. Now, since we usually go with ladies first, I will ask the coach of the girls softball team to come forward and I have the proclamation that I just read, but I also have a proclamation that lists all of the players' names in it for your keepsake and, again, congratulate you for your success. Souza: Okay. Well -- how is that? Good? I will go ahead and introduce the girls here, because I really want the focus to be on them, because it's through their years of dedication and hard work, along with their families and also representing the school in our school's first softball state championship and what I believe to be Meridian -- City of Meridian's first state softball champion out of any of the high schools, so to give them this opportunity to get this recognition. So, I'm going to start with the -- with the sophomores that are on our team and if you want to kind of just step forward and be recognized. So, Megan Browne. And Samm Hamilton. Anna Hawk. And juniors. Jordyn Franco is not here with us today. But, then, we have Lindsey Gonzalez. Junior. And, then, Kylie, I won't forget you this time. Kylie Orr. And, then, we had a lot of Meridian City Council May 21, 2014 Page 4 of 69 senior leadership, which really helped us this year and that maturity and just that experience. So, eight seniors with our team this year. So, starting here with Courtney Chase. Shayla Allen. Courtney Moore. Dakoda Lee. Kaitlyn Reynolds. Taurie Pogue. Nicole Kelly -Harvey. And Lizzy Baecht. And this is our -- one of our assistant coaches, Lindsey Bingham. Reann Ross is also on here and, then, Ken Souza, the head coach. So, thanks for all the support. De Weerd: And if you stand up here I will present this to you. (Proclamation presented.) De Weerd: Okay. Bell: This is my team. Mountain View's. We have been -- I have been coaching this team for three years. Started with a lot of younger underclassmen. We took the team to a single school team. There is not a lot of single school teams in the rugby -- conference in rugby in Idaho. I think we are one of three. And so this is a credit to these guys that have done it within their own school. We recruited and trained hard and worked hard to win the state championship over teams that are pulling from -- some of them pulling from four or five schools. So, congratulations to these guys for that. I will go through and ask the boys to introduce themselves, since I have got a funny accent and my -- and my pronunciation might not be quite correct, so I will start with all of the freshmen come up and introduce yourself. Harrison: Jordan Harrison Smith: Kade Smith. Bell: Sophomores. Rhode: I'm Michael Rhode. Walker: Kody Walker. Quinn: I'm Tyler Quinn. Peterson: Darrion Peterson. Conway: I'm Wyatt Conway. Sample: Adam Sample. Mosser: Griffin Mosser. Prince: Andrew Prince. Meridian City Council May 21, 2014 Page 5 of 69 Habibovic: Abdulah Habibovic. Anderson: Jaute Anderson. Bell: Then we had a pretty big senior squad this year as well, because all those young guys that we pulled in years ago, all these seniors, basically, have been with me for the last three years, so this is the heart and blood of the team. Paulson: Kavin Paulson. Adams: Jackson Adams. Rollins: I'm Nick Frenchy Rollins. Wells: I'm Tyler Wells. Quinn: I'm Jake Quinn, team hooker. Altman: Chip Altman. Wright: Kyle Wright. Bevens: My name is Austin Bevens. Lloyd: Dustin Lloyd. Bell: Thank you for the recognition that you have given us. Rugby is a growing sport in America. We have got all the way -- we run summer camps for six year olds and up. We have a youthful dream team in the valley. We have a lot of girls' teams and it's going to be in the next Olympics. So, you will see a lot more rugby in America. De Weerd: And you want to introduce your coaches? Bell: These are my assistant coaches. Eric Shotwell and Bruce Van Patten. Thank you. (Proclamation presented.) Item 6: Consent Agenda A. Approve Minutes of May 6, 2014 City Council Meeting B. Findings of Fact, Conclusions of Law for Approval: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Meridian City Council May 21, 2014 Page 6 of 69 Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District C. Final Order for Approval: FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District D. Final Order for Approval: FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District E. Final Order for Approval: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat F. Final Order for Approval: FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts G. Development Agreement for AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District H. Mini Heavy Equipment Rodeo Agreement with CESCO for Public Works Week Expo 2014 Equipment Parking Agreement with RWP Meridian LLC for Public Works Week Expo 2014 J. Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for a No -to - Exceed Amount of $8,000.00 Meridian City Council May 21, 2014 Page 7 of 69 De Weerd: Okay. Council, Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, authorize the Clerk to sign -- or Mayor to sign, Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda De Weerd: Thank you. There were no items moved from the Consent Agenda. Item 8: Action Items A. FP 14-020 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Final Plat Approval Consisting of Five (5) Commercial lots on Approximately 9.11 Acres in the C -G Zoning District De Weerd: So, I will move right into Action Items. Item 8-A is FP 14-020. 1 will ask for staff comments at this time. Lucas: Thank you, Madam Mayor, Members of the Council. Tonight before you is a final plat application for the Knighthill Center. The reason this is on your Action Item list, instead of the Consent Agenda, is the applicant just wasn't able to get in their consent in time to make the Consent Agenda. The site is located on the southwest corner of North Linder Road and West Chinden Boulevard and the applicant is in -- has said that they are in agreement with staffs report and all the conditions of approval of this final plat. I will stand for any questions. De Weerd: Thank you, Justin. Council, any questions? Meridian City Council May 21, 2014 Page 8 of 69 Bird: I have none. Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 14-020. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Public Hearing: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 Zoning District Approved C. Public Hearing: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District De Weerd: Item 8-A -- or I mean 8-B and C are public hearings on PP 14-005 and MDA 14-006. 1 will open these two public hearings with staff comments. Lucas: Thank you, Madam Mayor. Before you tonight as stated is a preliminary plat and development agreement modification for the Center Community Subdivision. The site consists of 6.77 acres of land currently zoned R-15, located on the north side of Chinden Boulevard, east of South Ten Mile Road. Within the -- basically within the existing Spurwing Greens Subdivision The applicant is requesting approval of a Meridian City Council May 21, 2014 Page 9 of 69 preliminary plat consisting of six single family residential building lots and two common lots on this 6.77 acres in the R-15 zone. A development agreement modification has also been submitted to modify the approved concept plan to allow for these six residential lots within what was once planned for as a common area and also to allow for the reduction of the original community center and other amenities that were planned for in this -- in this area. The staff report describes in detail the applicant's request and staff is recommending approval of this application. The Commission at their hearing on April 17th has recommended approval. Several people spoke on the application. The only outstanding issue that came up at the Commission hearing was the size and appropriateness of the pool facility being -- being proposed and written testimony has been received since the Commission hearing from Bob and Gayle Bacon in opposition to the pool facility. Staff can certainly stand for any questions at this time. De Weerd: Thank you, Justin. Council, any questions? Is the applicant here? Good evening. If you will, please, state your name and address for the record. Carnahan: Mayor and Members of the Council, my name is Douglas Carnahan. My address is 4410 West Chinden Boulevard in Meridian. If you read the staff report you will note that some changes reduced the need for some of the property that was allocated to this common -- common area and the major change for that was because the club at Spurwing entered into an agreement with the -- the homeowners association for the development and the -- the deal was that all of the people that belong to the homeowners association became members of -- social members at Spurwing. So, they had access to all the facilities there, except for the golf course. That included the -- the tennis courts. It included the food facilities. It included a fitness center. It included the pool. So, with that in mind there wasn't so much need anymore for that large pool facility. So, it was kind of a tradeoff. Let's put together a project that, basically, takes and replaces the mall -- the large facility for a smaller facility -- still have a pool, but a smaller building and six residential lots. So, rather than go off and do this independently, I worked in collaboration with Brighton, one of the major developers in the area, the Club at Spurwing, the golf club, the Spurwing master homeowners association and the Estates at Spurwing. After a lot of work the conclusion was reached and the planned developed which has been submitted before you and the bottom line is that all of these groups that I have mentioned are in support of this -- this plan. But I also went to obtain some feedback from homeowners. I did it with a meeting that was required for including all people within 300 feet of the site. I did it in writing with some people that had concerns and wanted to correspond on the topic. I did it with some phone calls and I did it with what I called walkers and walkers are -- I happen to live adjacent to the development and I'm doing some construction on my own personal property and it turns out that about two to three times per day a person with a dog on a walk or a person that's just trying to get some exercise comes by to find out what I have going on and so I answer those questions about what I have going on, but at the same time I pick their brain a bit and I say what do you think about this proposal and so I have gotten a fair number of inputs from homeowners. I estimate that I probably talked to 50 in total. So, what are the questions and concerns that have come up? Concerning the housing, the addition of six lots, I have not received one negative input at all on that Meridian City Council May 21, 2014 Page 10 of 69 particular topic. The only issue is people want to make sure that the standard of home that gets built on those lots match the standards of the rest of the community. Questions came up about security. Insurance. I have answered those in conjunction with the homeowners association. The -- one of the issues that came up a little bit more strongly was cost. This project will be built at no cost to the homeowners association. So, construction's paid for by the developer. Me. The only cost will be the maintenance on an ongoing basis for those -- that period where the pool is open and to maintain a smaller facility. So, that -- four people -- four couples specifically wrote me and corresponded with me about their concerns and their concerns very simply state we would prefer not to have that pool facility. We have another one and we don't want it, because we don't want the additional cost and if you do anything put in some sort of a -- an improvement that doesn't cost money. So, on the -- at the same time I received inputs from the other side of the fence, people that the notion of a pool was a sales tool when -- with this project. If you move in here you're going to have a pool here and people have made it very clear to me the expectation was set and we expect you to have a pool and I bought my home here because of that. So, when I try to integrate all that together, I -- the majority of the inputs that I have received on this are favorable to the project. So, with that said I would be happy to answer any questions. De Weerd: Thank you, Doug. Council, any questions for the applicant? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: My main question I guess would be what are the approximate annual fees for -- that will be required for the HOA to pay, since that's, really, the main concern here? Carnahan: Yeah. The numbers I'm going to give you came from the homeowners association that has experience with a lot of facilities like this. The increase in dues, when the facility is built, should be in the neighborhood of four to five dollars per month. The expectation is because of expansion is still going on out there, that those will decrease over time and it depends how many units get built out how much it goes down to. Maybe half of that or something. Milam: Okay. Thank you. De Weerd: Any other questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, I actually would ask this question of staff. If my recollection serves me correctly, this -- this parcel and several of the surrounding parcels originally came in Meridian City Council May 21, 2014 Page 11 of 69 as one project and we went through some bad times and the pieces were sold off to different owners and -- De Weerd: Mr. Zaremba, will you talk closer to your microphone. Zaremba: And now we are seeing them kind of piecemeal. I guess my question is are we still keeping to the amount of open space and amenities that satisfy the original concept of -- of this entire property. As the individual new property owners make adjustments are we still keeping with the original concept of how much overall amenity and open space is being required? Lucas: Madam Mayor, Councilman Zaremba, yes, staff did a pretty detailed analysis of the amenity package as part of this application and we did look at what was called the original Tree Farm annexation, which was a very large project and this is a portion of that. The Tree Farm has changed names a couple of times, but it's now commonly known as Spurwing Greens. The original Tree Farm application had about 32.42 percent open space, which is well above our ten percent standard. With this change the open space -- and what we are looking at is the reduction of those six lots. It goes down by about 1.46 acres. So, you're left with still almost over 30 percent open space in the development. With that there was also the addition of a tennis facility on this site that was not originally anticipated in the Tree Farm development and a few other things out there that have happened. So, staff is extremely comfortable with the amenity package provided in this development and believes it is above and beyond city standards. Zaremba: Thank you. De Weerd: Anything further from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: This is -- this is for staff as well. So, understand my reading and what I'm hearing is that the existing agreement or DA requires a pool and tennis court in this area, a pool of the size that's significantly larger than the one that's being proposed in the amendment; is that correct? Lucas: Madam Mayor, Councilman Rountree, the original DA did not specify a size for the pool. Rountree: But a pool. Lucas: It said a pool and it did describe, though, what we would -- it described a community center. So, it described a pool in association with what we would anticipate would have been a much larger building, maybe with a kitchen with other facilities inside Meridian City Council May 21, 2014 Page 12 of 69 of it. And as the applicant stated, that type of facility is being provided through the -- the association with the Spurwing country club. And so -- and that wasn't -- that relationship did not exist at the time of annexation. That's something that has developed as things have changed out in that area. And so when staff did its analysis we -- we felt it was fair for them to count their relationship with Spurwing to meet that community center, that larger facility to meet that requirement of the development agreement. But staff did feel that a pool at this location is still appropriate. The pool at Spurwing is a very nice facility, but it's extremely close to this -- this part of the development and the applicant stated that they would still like to build a pool. So, that's how we did our analysis looking at this. As it's changed overtime, there is a lot of moving parts, but in the end we still feel like you're getting the amenity package that you were promised with the annexation of Tree Farm. It may not be exactly how they originally described it, but you're getting, basically, the same thing, because of some of the other things that they were able to do with the Spurwing country club. Rountree: Thank you. De Weerd: Thank you very much. There are no further questions at this time. Thank you, Doug. Okay. I had several people that did sign up. When I call your name if you wish to provide testimony I would invite you forward. Melissa Christians signed up against. Okay. Good evening. If you will, please, state your name and address for the record. Christians: Sure. Melissa Christians. 7058 North Port Bush Place, Meridian, Idaho. 83646. De Weerd: Thank you. Christians: I live within the Spurwing Greens area. Thank you very much for the time. Do I have a two, three minute limit? De Weerd: Three minutes. Christians: Three minutes. I will try to make it shorter. De Weerd: Okay, Christians: My position -- I appreciate the owner's freedom and right to want to build what he wants to build, so my testimony is really just asking a few questions about some of the things I heard tonight. First of all, I'm against a pool there, because it isn't necessary. For the same reasons that were cited that the community center meets the requirement of the original design. So does the pool. The pool is never at maximum capacity and like it or not it is within walking distance, depending on what your walking fitness is it is within walking distance. I have used it many many times. The second thing is I grew up owning a pool and, unfortunately, no matter how high you build the fence -- and ours was 11 feet in height -- there was a young boy that climbed it and died Meridian City Council May 21, 2014 Page 13 of 69 in the pool. So, I have a little bit of concern about a pool that's sort of off to the side away from the main view. It's not going to have a lifeguard as I understand it. So, again, it's not that I'm anti -pool, but there are risks with pools besides just costs that come into play here, which poses additional liabilities for us as homeowners. The last point I want to make is that I appreciate that the owner has taken informal polls, but I don't see any evidence of those conversations. I don't see names or signatures and I'm asked to come here and give my name and give my address and give my testimony. But what I'm hearing is third -party information about conversations that occurred. It might make sense to poll the homeowners that belong to the homeowners association that will be impacted by both -- whether this is a good thing or a bad thing, as well as the future cost. That's the conclusion of my testimony. De Weerd: Thank you, Melissa. Okay. Bob Bacon. Good evening. If you will, please, state your name. Bacon: Good evening. My name is Robert Bacon. I live at 6695 North Moon Drummer Lane -- or Way. Excuse me. In the Spurwing Greens development. I have registered as being opposed to this construction, not on the basis of the homes, because Mr. Carnahan has assured me that the homes will be built with the same architectural and construction characteristics of the existing community. I'm satisfied with that. But I, too, am against the addition of a pool. We have had three houses with pools. We have put two of them in ourselves. We know that the expenses go up. Liability insurance, nonrecurring future expenses -- it does not stop. I see this as a wasteful expenditure of our homeowners fees for a future cost. The pool at the Spurwing country club is very close and it's certainly an easy bike ride or a walk. We have tennis courts now, which I think satisfy most of the amenities that the Spurwing Greens people are looking for. I don't think the small pool is -- fits the demographics of our community. I would rather see something that doesn't require too much recurring expense, picnic tables, picnic gazebo, barbecue, something along those lines and not duplicate with a small duplicate the amenity that we have at Spurwing country club. I'm probably forgetting three other things that I'm opposed to on this besides the pool, but I think that's it for now. De Weerd: Thank you. Bacon: Any questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I'm not hearing it spoken to, but we have a proposal that's approved. So, would you rather have this concept or a potentially larger pool and a club house to have to maintain? Bacon: I think the previous speaker said -- was right on when she suggested that the community should be polled. This is an old concept and no one had any idea that we Meridian City Council May 21, 2014 Page 14 of 69 would be pulled into the Spurwing country club amenities, which is a great feature. We bought our house three and a half years ago when the community was very young. We heard nothing about a selling point of having a pool. It was the lifestyle membership at the Spurwing country club that sold us. Or helped sell us. The community itself is very nice, but that -- that's really the icing on the cake. I think this is old news. It does not fit the demographic or the needs of the community and I would suggest that we take a poll and I have been at every one of these meetings and at best there has been maybe 11 families represented and those were the required ones, the ones that reside within 300 feet of the project. So, I'm in favor of having a poll taken and, then, we will see where -- what amenities should be included. De Weerd: Okay. Any further questions from Council? Thank you, sir. Bacon: Thank you. De Weerd: Okay. If I could ask you not to clap afterwards. We know you all support each other and that's appreciated, but just for decorum. And, Diane, I can't read your last name, so I apologize, but signed up against. If you will, please, state your name and address. Greenheck: I'm Diane Greenheck. I live at 3874 West Firestone Court in Spurwing Greens. De Weerd: Thank you. Greenheck: And I did sign up against. As stated by the previous two speakers, we do have access to a pool -- nice pool amenity. Never crowded. It's a beautiful pool. Has a lifeguard. I think that's important. It's well maintained. It's easily within a bike ride or walking distance. I -- I bought my home, I thought all those amenities were included, I was quite shocked to find out that there could be an additional cost to my homeowner fees, but by the addition of amenities that were already provided for us with our required social dues to the Spurwing country club and all of its nice facilities. So, I would -- I think a poll is quite appropriate. The master homeowners association that was referred to by Mr. Carnahan is comprised of Brighton people and so we as homeowners still don't represent or are a part of our own homeowners association. So, by saying they are for it, it really doesn't mean that the homeowners have actually said they are for it. So, I would be very much in favor of polling all of us who actually live there and pay the dues to see what we would like and I would very much be in favor of a nice park -like setting where we could gather -- maybe a gazebo type setting or something where we just have a nice neighborhood gathering place that's just nice. I would be very much in favor of that. Thank you. De Weerd: Thank you. Those are the names that were on the sign-up sheet. Is there anyone else who would like to provide testimony on this? Yes, ma'am. Meridian City Council May 21, 2014 Page 15 of 69 Himelfarb: Hi. My name is Barb Himelfarb. I live at 4221 West Greenspire in Meridian and I'm one of those homeowners that is within the 300 feet and I -- my husband and I moved there in September and we went to the initial meeting where Doug Carnahan explained what he was going to do and I can tell you that when we purchased our home part of the discussion from our realtor and the neighbors in the immediate area was there is going to be a pool over there and we have two grandchildren. We moved here to be near our grandchildren and we were very very excited that there is going to be a pool there and we are looking forward to it. We were totally impressed with the plans, the way they looked, the esthetics of what they were going to do, so we were very excited and I'm surprised right now that there is people that are against it, because the people that are my immediate neighbors on Greenspire -- and that's all the brand new area that's -- we are at the really far end. We are down there by Black Cat and we see the Jaykers' thing right across from us, so we -- and I know they said that it's close -- we walk all the time. It's 2.3 miles from our home to the clubhouse. So, there is no way I'm taking my grandchildren, even though they are fairly healthy, but we are not walking 2.3 miles to get over there. So, we would have to -- we would have to drive them. So, we were promised that. We were looking forward to that. I think the amenities are great and so I'm definitely in support of it and we moved from a place where we have had our own private pool. So, I'm also speaking from experience of pool maintenance and the chemicals and how we kept it clean and we didn't have a lifeguard on duty and we watched our own kids and grandchildren when they were there. So, I think that it's great, because I don't have to spend five dollars to take my guests and grandchildren over to the other place. This was one, from what I understand, isn't going to charge anything. Now, my responsibility, I understand the liability, but I -- I personally trust Brighton. From their experience they have pools over at Paramount and so some -- and there is a ton of kids over there. So, I -- my sense -- and being a new person here in this state and specifically in Meridian -- is that we have been very pleased with what's going on. I know I'm repeating myself, but it's -- we would very much like to see that go in and I know we didn't take a poll, but I can tell you there is probably eight families on my block -- people that I have had in my home for dinner -- I'm out of time -- that want to see the pool go in. So, I can just speak for that. I don't have their names written down here, but that's my thing. De Weerd: Thank you so much. Yes, sir. Good evening. Brown: I'm Robert Brown. 3809 West Firestone Court in Spurwing Greens De Weerd: Thank you. Brown: Okay. You have heard it all. We don't want this pool. We already have a pool, we are paying for it, we don't think we need another one. It's interesting to me to listen to Mr. Carnahan who said he talks to a few people on the street from that he makes the decision that the majority wants this pool. I think you have heard it from everybody that's come up here, we think an intelligent thing would be for you to say, Mr. Carnahan, why don't you do a real survey of all of the occupants -- and there is something like 220 homes out there now and the lady that was just here said eight families wants the pool. Meridian City Council May 21, 2014 Page 16 of 69 That's a -- that's far short of a majority of people out there. So, I would hope at a minimum you, the Council and the Mayor, would say, Mr. Carnahan, do a real survey, mail out whatever and find out what the people really want and I think you will find out that the people don't want this pool. Thank you. De Weerd: Thank you. Is there anyone else who like to provide testimony on this item? Mr. Carnahan, you have the last word. Would you like to make any closing remarks? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Before he does, could I ask staff to -- is there a pictorial or aerial that shows a greater area? And I'm thinking if you -- if something shows all the way from Black Cat to Ten Mile that would be helpful. I guess this is about as close as we are going to get. Good. Thank you. I just wanted to look at it and didn't meant to interrupt Mr. Carnahan. De Weerd: Mr. Carnahan. Carnahan: Before I comment on the feedback from the -- De Weerd: If you could, please, just state your name again for the record. Carnahan: Oh, yeah. My name is Douglas Carnahan. 4410 West Chinden Boulevard, Meridian. De Weerd: Thank you. Carnahan: A questions came up earlier that I thought there was some confusion on. We planned to put a pool in as -- the same size of a pool that would have been there with the larger facility. So, I thought that was not clear, so -- concerning what I said is I have talked to approximately 50 people. That's about right. And among that -- that group of people the majority were supportive and wanted it. I know there is some people that don't want it and they have rallied together to -- but I still believe the majority want it, but these -- these kinds of decisions aren't made by -- during a vote of the homeowners. Like I already pointed out, a larger facility is already approved. I don't need to go through any process. All I do is apply for a building permit and build it. That's it. So, a lot of lots have been sold to a lot of people that the expectation is that there is going to be a pool there. And so it's unfortunate that we can't -- or let me attack it a different way. So, if we do that the homeowners dues will go up more and this is an effort to try to reduce homeowner dues. It takes ground that was going to be used for recreational activities and replaced it with homes that don't cost the homeowners anything. So, I'm a little bit confused by that, because there is some chance they could just all get a homeowners due and a bigger facility in there. So, I'm a little bit confused. I think it needs to be thought through fairly carefully if that's what they really want. But, again, this application had to be signed by the homeowners association for us to go Meridian City Council May 21, 2014 Page 17 of 69 through this, because they own the ground. So, the homeowners association does support this. De Weerd: Thank you. Council, any questions? Rountree: Madam Mayor, I have one for Doug. De Weerd: Mr. Carnahan. Sorry. Rountree: As you looked at this and as you formed the idea of -- of putting in lots and still holding with the amenities, did you look at the possibility of adding more lots with no amenities when you looked at the piece of property? Carnahan: More lots and -- Rountree: And no amenity. Just putting in all lots in that particular piece -- Carnahan: No, we did not. See, part of the driving force here is the experience of people like Brighton and the people in the homeowners association, they have other subdivisions in all and they don't think it's out of line to have supplemental pools. They have maybe a major pool facility with a large clubhouse and a satellite pool in the same subdivision when it gets big enough. We have looked at the aggregation of all of this that's going on at the club at Spurwing and that's going on in the new development that Brighton is doing to the east here and said it fits. It fits the model to have a pool with that site. De Weerd: Any other questions from Council? Okay. Thank you, Mr. Carnahan. Council, it appears there is additional testimony. Would you like to hear it? If you will, please, state your name. Bacon: Again Robert Bacon. 6695 North Moon Drummer Way. I just want to clarify something that Mr. Carnahan said, that the homeowners association had been consulted, but you should know the homeowners association right now, because the community is so young, consists of Mr. Turnbull, who is the principal development -- developer of Brighton Corporation and two of his captains. There is no voice from the residents of the community itself. So, when he says he's consulted them, it's, basically, the development corporation he's consulted. That was my point. Bird: Madam Mayor? De Weerd: Thank you. Mr. Bird. Bird: Mr. Bacon, if you -- you have no voice there, this agreement with Spurwing, then, you had no voice in that, that was just presented to you told you you -- that you're part of it? Meridian City Council May 21, 2014 Page 18 of 69 Bacon: The Brighton Corporation contracted that with the Spurwing country club and that was part of the package that we -- Bird: And that was part of your CC&Rs. Bacon: As of this date there are no residents that have been nominated or elected to the board -- the homeowners association board. Bird: You just automatically -- this was included in your -- Bacon: That's correct. Bird: -- homeowners dues? Bacon: At some point when the community is almost built out, then, they are supposed hold elections for residents to become board members of the homeowners association. Because right now there are none and I thought that was an important point to clarify. Bird: But with your agreement with Spurwing if they decide to add on or have problems or something and they want to charge members, are you guys involved in that or are you set with a fixed fee? Bacon: I can't speak for -- that's -- it could go either way. I don't know how to answer that completely. Bird: Thank you. De Weerd: Sir, do -- I know by state law the HOAs have to have an annual meeting. Does your HOA meet annually? Bacon: So far, yes. De Weerd: Okay. And do you vote on the -- the homeowners association dues? Bacon: I don't believe there is any vote on those dues. They are just raised and you can object or pay them. De Weerd: They are raised without a vote of the HOA. Bacon: That's correct. Because the HOA at present still consists of three members of the development corporation. They have final say. De Weerd: Okay. Thank you. Sir. And I will ask for those that haven't testified, if there is people -- we can't have this back and forth. Thank you for coming. If you will, please, state your name and address. Meridian City Council May 21, 2014 Page 19 of 69 Scott: Yes. My name is Greg Scott. I am at 387 West Military Court. De Weerd: Thank you. Scott: A resident at Spurwing Greens for two years now. First of all, I'd like to say I have the utmost respect for Mr. Carnahan, both professionally and as a person. I think I'm the only one here that attended your Carnahan Challenge in 1990. You remember as well as I do. When I moved into Spurwing Greens we knew that we had an association relationship with the club and recently in January, because there was some confusion because our dues were raised for the club amenities, we called a special meeting with the HOA and the HOA came in with concerns against the club on why it was being managed and what our relationship was. We ask that to be documented. Mr. Turnbull with Brighton Corporation attended that and we had homeowners association -- or a homeowners meeting to address our concerns and those concerns were met and our fees were raised. The HOA is not represented by the homeowners, it is represented by Brighton Corporation for at least the next two to three years and he has stated -- David Turnbull -- that he is, then, going to turn it over to the homeowners. However, through that meeting he asked for the homeowners to have an advisory board, so that we can go through this transition at that time. I don't know of any meetings right now. I just want to give a little history to this as far as me being a resident there for two years. I contacted Ann Marie Baird, who works for Brighton Corporation, who is our representative of our HOA. There is not one homeowner in here from Spurwing Greens that has a vote on that. Not one. Not I. Not anyone. As I contacted her I had heard a rumor that there was going to be a development in that six acres there of a pool and so I called Ann Marie Baird up and I visited with her and she knew nothing of this. Nothing. And that that was rumor and never going to happen and that was approximately a year and a half ago. As we had this special meeting -- homeowners association meeting called by the homeowners, led by me, we again met with David Turnbull and Brighton Corporation and the HOA board and at that meeting there was some homeowners there that were concerned about, one, paying the five dollars for the grandchildren to go to the pool and, then, he turned over to his board and he says we are going to build that pool and that was the first time any of us in that room -- there was 60, 70 homeowners there, that had heard about or had even been finalized. So, I'm against the pool specifically. However, I am not against Mr. Carnahan's development there or the homes, I just -- I just do not want to pay to -- for two pools. It's just -- it does not economically make sense to me. So, I'm not opposed to the development, I would just like to have a compromise on pools, because we have a pool and a tennis court and we have access to the club. So, thank you. De Weerd: Thank you, sir. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council May 21, 2014 Page 20 of 69 Milam: So, what are you going to do if Spurwing raises the price -- raises their rates so high that you decide you don't to pay those anymore, then, you will have no pool and you would have no amenities. Or you're just going to have to keep paying the rates as they jack them up. Scott: Well, that was -- excuse me. I didn't mean to interrupt. That was part of the discussion we had on January 26 of this year with what is our relationship with that club and it was discussed, but I have yet to see the final documentation. They are a representative and part of our HOA. We pay 420 dollars a year for access to that club. It was 300 last year. They raised it to 420. So, I accessed the fitness facility. I access the pool. They have lifeguards there. It's a large pool. They will even bring you dinner and drinks if you want them to. I mean it's very nice, very well kept. I have not heard any rumors of Spurwing Greens wanting to eliminate us from the HOA. The question did come up if each individual homeowner could opt out of that agreement and a representative of Spurwing Greens -- his first name was Mike -- stated it was all or none. But at this time there is no discussion of the HOA resolving our relationship with Spurwing Greens like that. That's not even been discussed. Milam: The homeowners don't have control over the homeowners association? Scott: Not for the next two to three years. We don't have a vote. Milam: Okay. Thank you. De Weerd: Okay. Mr. Carnahan, any further comments? As the applicant you get the last word and I think this will be it. Carnahan: Okay. I guess the one point about Ann Marie Baird, she has been discussing this with me for quite awhile. So, she's very familiar with what's going on and she does run the master homeowners association, just to get that point clear. I can't comment on the workings of the homeowners association that -- the master homeowners association. I don't know the board makeup and all that. But it's not uncommon for -- in the early years of the homeowners association to have control exist within a limited set of people and, then, it expands over time to a broader group. So, that's -- that's true. But, again, I -- probably what will unfold -- again, if the homes don't improve there is a really good chance that we will just build the facility like it's already approved and all I'm trying to do is to save that group of people money by taking some of it out of recreation area and putting it into some homes, so there is nothing there that's going to raise homeowners dues. So, I'm a little bit confused by that, so -- at any rate, that's my two bits worth. De Weerd: Okay. Any further questions from Council? Rountree: Well, that answered my last question. Bird: Mine, too. Meridian City Council May 21, 2014 Page 21 of 69 De Weerd: Thank you. Council, any further questions for the applicant or resident neighbors or staff? Okay. I would entertain a motion to close. Rountree: Madam Mayor, I move that we close the public hearing on Item 8-B and 8-C. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Items 8-B and C. All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor, just a comment. Oftentimes we are presented with an either/or kind of situation. To me we don't have that situation here. We have a swimming pool or we have a swimming pool. We can -- we can deny the application and the plan as proposed moves forward and be about six and some acres to maintain with a swimming pool and clubhouse. We can approve the request and we have a swimming pool and not that acreage and the developer gets the benefit of six building lots. We can deny the applicant the pool and approve the six building lots and I suspect that what would happen, then, is that you have the pool and open space and a clubhouse to maintain. So, I don't see that there is a win-win. There is a lose -lose. There is kind of a balance here of folks that want it and don't want it. Again, I don't think -- I don't think we have an either/or situation. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Council Rountree. It's -- you can either have it large or you can have it small and have some houses around it and not knowing what their agreement with the Spurwing country club is, we might be doing the homeowners a favor in the long run. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Kind of along the same lines, but I just want to reiterate that -- to the people that are here to protest this, we can't take away the pool. They already have approval for this project with a larger clubhouse. So, if we approve what they are asking us to approve today, then, it saves you guys money. If we deny it it goes back to Plan A and it costs a lot more money. Thank you. Rountree: Madam Mayor, I guess if there is no more discussion or comments, I would move that we approve the preliminary plat for Item 8-B, PP 14-005 as presented in the staff report for the hearing. Meridian City Council May 21, 2014 Page 22 of 69 Milam: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Bird: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 8-C. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the MDA 14-006, development agreement modification, subject to application and staff comments. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion from Council, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 14-990: A Resolution Appointing Woody Garvey to Seat 1 of the Meridian Historic Preservation Commission De Weerd: Item 9-A is under the Mayor's Office. Resolution 14-990. Council, in front of you is information on Woody Garvey that I am recommending to appoint to Seat One Meridian City Council May 21, 2014 Page 23 of 69 of the Meridian Historical Preservation Commission. Mr. Garvey has been involved with the historical society and has shown real interest and certainly a passion for being involved and when the chairman and I sat down with Mr. Garvey it was -- it was refreshing his -- his ideas and his passion and what he -- this new energy and fresh ideas that we can bring to our commission. So, I bring his name forward to you for your approval as an appointment to our HPC. I would entertain any questions. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Not so much of a question, but more of a comment. Thank you for your service and for volunteering and HPC is moving in the right direction with lots of new energy and new ideas and I'm excited for you to be a part of that. They are going to accomplish some great things this year. Rountree: Is that a motion? Cavener: Sure. I will be glad to make a motion. De Weerd: I think it's an amen. Cavener: If there isn't any other comments, I would be glad to make a motion. Madam Mayor, I approve -- I move we approve Resolution 14-990. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-A. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Just want to -- I just want to acknowledge while we are on the historical preservation deal, the work of a young lady sitting down there named Jacy Jones have done for this walking tour. Not only the whole committee, but she has taken the lead and has got this -- she is getting -- trying to get it arranged where we have third graders -- all the third graders in the school district will be coming in and come through it -- I just want a big thank you, Jacy, for what you have done. Jones: Thank you. Bird: Appreciate it. Meridian City Council May 21, 2014 Page 24 of 69 De Weerd: I know. I have never seen anyone take a project by the horns like this and just take it to the finish line like you have, Jacy, and it's truly exciting and anytime we have the opportunity to talk about this project it inspires others. Right now the Association of Idaho Cities is -- is trying to coordinate a mobile workshop when we have our other communities in town for the annual conference and hoping to get that mobile workshop and ultimately be able to take this to all communities throughout the state of Idaho that can have a walking map with QR codes and some history that anyone that wants to discover Idaho can go onto the AIC website, click onto the participating paying cities -- towns that are members and be able to print off a walking map and with QR codes and self tour and learn the history of our great state. So, talk about setting the pace and raising the bar and we hope to maybe not just work through the Association of Idaho Cities, but Idaho's historical preservation commission, as well as the department of tourism. So, I think this has a potential of not just a spark that is ignited in our community, but a fire that can spread through the entire state of Idaho in a good way. So, it's exciting times. With that said, Madam Clerk, will you call roll on the appointment of Woody Garvey. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT De Weerd: I would ask for, Woody, if you have any comments that you would like to make. Of course I don't ask you before we vote, because, you know, it's not a question -- would you like to make any comment? You already committed when you showed up to the interview, you know. Garvey: I moved to Idaho -- moved here in January of 2013. Very happy to be here and look forward to serving you. De Weerd: Thank you for being here. B. Legal Department: Resolution No. 14-991: A Resolution Appointing Commissioners to Designated Seats on the Meridian Historic Preservation Commission De Weerd: Okay. Item 9-B is under our Legal Department. I will turn this over to Mr. Nary -- well, no. Resolution 14-991. Council, this appoints the Commissioners -- and certainly Mr. Nary can answer any questions you have on this. It's just making sure -- it's a clean-up resolution. Nary: Yes, Madam Mayor, Members of the Council. Last April we corrected the ordinance to stagger all the seats. The prior HPC ordinance didn't reflect that the seats were supposed to be done in a staggered fashion, so last April we did that and at the Meridian City Council May 21, 2014 Page 25 of 69 same time we did the new resolution reappointing all the commissioners, but the ordinance said October of each year they were supposed to be staggered, but the resolution said April. So, we just want to correct that to make sure they line up with the ordinance, so that's why there is a cleanup of when the specific terms actually end. So, that's all the resolution is for. De Weerd: Okay. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Hearing none, I move we approve Resolution No. 14-991. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Community Development: Transportation Update on Projects, Plans and Programs - Including Discussions About Current Construction Projects Including the Meridian Road Interchange, Overlay Projects, and Other Transportation Projects De Weerd: Item 9-C is under our Community Development Department and we will talk about all things transportation. Hood: Thank you, Madam Mayor, Members of the Council. I got bumped off the last week's agenda because it was so full, so I'm here tonight to talk to you about all things transportation, although there is a lot going on, but I will try to be brief in the presentation this evening. I'm looking from the memo that was prepared in anticipation of being on last week's agenda for the 13th. It's dated May 8th, so if you want to follow along that's great. I'm going to talk about a couple of things that have actually come about since this memo was prepared about ten days ago. The first one I wanted to just update you on -- I went to ACHD's workshop today. One of the things that they discussed was our East 3rd Street application here in downtown Meridian and the extension of East 3rd Street. What ACHD staff recommended is to break that project into a couple of different phases. So, from Franklin to Carlton, do a lot of the Meridian City Council May 21, 2014 Page 26 of 69 streetscape improvements, so making sure that sidewalks are in, some of the landscaping, the multi -use pathway, ADA curb ramps, those types of things would be installed kind of as funds allow, again, from Franklin to Carlton and, then, the piece from Carlton to Fairview, which includes right-of-way acquisition. A four-plex is right in the way -- would be a phase two. So, further -- further out things. But certainly with the railroad crossing on 3rd Street -- 3rd is an important corridor. It was something that was called for way back when the downtown Meridian transportation management plan was developed. It's integral to how the split corridor functions. It kind of frames our downtown. So, that was encouraging to hear that it's not off the table, but the -- the price tag, the right of way costs I think are a little intimidating for an economic development project, so I do appreciate that ACHD kept it on their to do list, but don't hold your breath, it will be connected as 3rd Street all the way to Fairview and, you know, next year -- in the next couple of years even, so -- but, again, it will -- it's still on the radar screen and we will continue to work on that. Just kind of a side note on that. We may want to explore if that section from Carlton to Fairview and the 3rd Street alignment is still the preferred alignment, it's been four or five years now that some members of the MDC board have questioned if that's the right alignment or not. Again, south of Pine you have got a railroad track crossing. That's not going to change. You may be able, though, with 2 1/2 Street or 4th, you may be able to look at that. I'm not proposing we talk about that tonight, just to kind of plant that seed that maybe over the next couple of years we look at that again. So, that was one thing I wanted to highlight. It is talked about in the memo, but not that update -- that's on page two -- is the East 3rd Street extension. So, it -- really, moving through programming there at ACHD, again, just in a couple different phases. One of the things I wanted to spend a little bit more time on this evening was talking about the Meridian Road interchange and I'm sure everyone knows it's under construction. But what I wanted to do is just quickly run through the phasing plan. So, we met with ITD representatives -- it was about a month ago now, before this went into construction and I just, again, very quick want to run through this project with you. Work did start Sunday, April 12th. They started mobilizing. The project is -- what they would like me to tell you is late 2015. Off the record -- I'm on the record -- but, really, August, September, I think, is what they are shooting for. Hopefully maybe even before that. But that's kind of a timeline for overall and I think I have mentioned to you all before, but this project is not only the construction of the interchange structure, but also the main lane widening from here to Five Mile. So, I will talk about that phasing here in just a minute. But as far as the bridge structure goes, you can see on this diagram they rebuilt the on ramp, so you no longer loop through and go between the piers down below. They have temporary asphalt down, so you make this wider loop and you enter the main lane of I-84. So, that was kind of -- this is stage one, phase one. One of the other things to note here, they will be working primarily on the west side of the bridge. You can see some of the piers that will actually support the west side of that. They have already been poured. You can see they have already put form liners on there. But pay attention. Please watch the road, but you can also see the form liner and some of the things there, too, you know, you should be going 20, 25 miles an hour. So, you can see that starting to come together. So, what they are going to do is as they build the west half as traffic is using the current structure and, then, put traffic over. But I will talk about that here in just a Meridian City Council May 21, 2014 Page 27 of 69 second. So, I'm going to move to the next exhibit. So, this is phase -- phase one, phase two. Essentially, what I wanted to highlight on this one is the work on the ramps. So, there will be -- when they get to this phase, which should be September, October of this year, the way you access the freeway on the north side of 1-84 will be a little bit different. So, they will put down temporary asphalt and work on the -- taking down, taking these ramps off line, rebuilding a lot of the -- the ramps on the north side of the structure. So, then, onto stage two, phase one. This stage should begin late November, December. So, the traffic will, then, switch to the -- to the newly constructed west side of this bridge and they will knock down the existing structure and start building the other half, then, of the bridge. Also with this phase constructing the temporary ramp pavement, moving traffic over a little bit further to the south as you enter eastbound traffic from northbound onto eastbound traffic. So, that's -- largely what this stage does. Moving on, then, to stage two, phrase two. During this stage they will need to close the interchange for a weekend, so full closure of the weekend to tie in all of the ramps to grades and whatnot. I don't have a date on that. This is still a little bit further out, obviously. But we will definitely notice businesses and anyone that may traverse across this interchange or want to during that time, so -- and, then, they will use temporary nighttime ramps and lane closures to complete those ramp connections. Shifting traffic lanes to ramp B, C, which you probably can't -- can't see, but traffic will, then, essentially, begin using the SPUI as a SPUI design. So, this is really where the bridge starts to function as designed as a SPUI here in summer of next year. I will just quickly also point out, then, after that a lot of the work will have to do with barriers and some of the work underneath the bridge, so on 1-84 constructing drainage, the barriers, concrete pavement and whatnot kind of under the structure. So, that kind of segues in -- let me get my other phasing -- phasing plan up here. A little bit, too, the phasing plan for the main lane widening of 1-84 and that reconstruction of the outside lanes. So, that pavement is in pretty bad shape. They will be adding a fourth lane in each direction and, then, rebuilding that outside lane to make -- to concrete that and make it a little more nice as you -- as you drive across it. This will be beginning May 1st. So, it's coming up pretty soon here. Or, May 1st has already occurred. It's happening, but a lot -- a lot of the real construction hasn't -- it's still 65. It will be 55 during a lot of the -- of the construction. Sorry to look at my notes from when we were supposed to talk about this last time, but -- so, again, this is from -- from underneath and even before the Meridian Road structure to Five Mile. The biggest thing -- I'm not going to run through the whole phasing plan, but they will do the eastbound improvements first, so south side of 1-84 will be first. During that -- let me see if I can make this a little bit bigger. This will be kind of interesting. I'm not aware of this happening -- certainly in southwest Idaho, but they will actually take one of the westbound lanes and convert that for eastbound traffic. So, the northern most -- your left-hand lane will be converted, again, to -- they will, basically, put in a chute and you will be going the wrong way -- I mean you're going the right way, but against what would otherwise be the far west westbound lane of traffic while they work on the two outside lanes. So, there will be three traffic lanes in each direction maintained at each time, so six -- six travel lanes total. But, again, one of the lanes on the otherwise westbound traffic will use the lane. And, then, they will reverse that. When they work on the westbound lanes they will take one of those lanes and make it -- use one of the eastbound lanes for -- for traffic heading westbound. So, that's Meridian City Council May 21, 2014 Page 28 of 69 -- that's kind of the biggest thing. Again, It's a little different. It's a pretty standard practice I think for other -- and I think probably ITD has even done this before on other projects. I'm just not aware of it being used. Maybe Councilman Rountree is aware of it being used previously in the valley, but -- so, that's the one just to kind of call it to your attention is that will be coming up here shortly, so -- I do have these plans and if anyone is interested you can certainly study them more, but I just wanted to kind of give you a heads up on, again, the -- kind of the timeline over the next year and a half or so. So, I don't know if there is any questions on that. If not I'm going to continue on through the agenda and just a quick update on the interchange -- and I'm on page three now in the memo. So, hearing none, I'm going to flip the page, then, to the bottom of three and top of four. I just wanted let you all know that there will be some maintenance projects happening. ACHD does have an overlay occurring on Locust Grove between Victory and Peacock -- that's near Overland Road -- later this year. There will be lane restrictions on that section of roadway between June 8th and June 26th, similar to all the overlays that were done last year. This is the -- basically the one main federal lay -- overlay that we have in Meridian this year. And, again, that will be during the summer, so usually traffic isn't quite as bad with school being out. But I just, again, want to make you aware of that. And, then, the next section of Locus Grove to the south -- so between Amity and Victory -- will be closed during all the estimated days between May 11th and June 22nd, so that our very own Public Works Department can install a water main. So, that's -- those are kind of a few upcoming projects that I just want to highlight in the memo. And, finally, the last thing I wanted to spend a little bit of time on talking about is the last thing mentioned in that agenda. Tomorrow afternoon at 3:00 o'clock there is a Council-ACHD commission joint meeting here in Council Chambers. I just wanted to run through that agenda. When this -- when my memo was published, the agenda hadn't been published, so I just wanted you all -- I'm sure you have seen this. But this is the agenda for tomorrow. So, just a couple of notes on a couple of these things to kind of prep you for the discussion. Item No. 2, safe routes to school -- and you can see there is sub items underneath there. In my opinion -- and the Mayor may have some thoughts to maybe supplement my opinion a little bit with, but there is a lot of overlap in the A, B, C. Maybe before I get in that I was asked to mention I was at ACHD today for their workshop and precommission meeting. There was a comment made that this is an ambitious agenda. So, there is quite a bit that's on here. There is only really three, four items, but -- but there is quite a bit to talk about, depending on where the discussion goes. So, I'm hopeful we can get to this. I think we can and so that's why I would like to spend a couple minutes here just to kind of prep you on where I think the talking points may be. Essentially, the safe routes to school -- again, we are talking about sidewalks in this item. City staff plans on introducing both the safe routes to school sidewalk issue in Item No. 3. Again, Mayor, I haven't talked to you about this, if you wanted to do any other introduction or whatever, but I'm planning or prepared to, anyways, kind of set the stage a little bit tomorrow for some of the issues that we are aware of and maybe some of the solutions as well. But the gaps in safe routes to school and retrofitting county subdivisions or even county enclaves that may not be subdivisions, but with -- with projects that are annexed in the city sometime that we have rural properties that create gaps in those sidewalk projects. So, a recent example of that is Kentucky Way. So, Kentucky Ridge Subdivision is an older county Meridian City Council May 21, 2014 Page 29 of 69 subdivision. Their main entrance was constructed without curb, gutter, sidewalk. Development is occurring south of there that also uses Kentucky Way and to further that Victory Middle School, you know, is planned there on Stoddard and so a lot of the kids here -- middle school age kids, anyways, would go there. I have heard schools like this even referred to as an attractive nuisance. I mean you're going to recreate there, you're just not going to school. There is large fields and basketball courts and so it's a gathering place. So, having good routes for kids and other folks to get to those schools to recreate is important. So, one of the topics tomorrow could be about off-site improvements. When are they appropriate. Who can require them. When should they be required. Should developers foot the bill for that. With annexation or rezone we have done that a couple of times. It's not our standard practice. There does need to be a nexus there. You know, a smaller gap we have required, again, a couple of times. We said, hey, you're creating this gap in the sidewalk. We want you to connect your two pieces of sidewalk and make this happen and the school is just right there, we want you to -- if you want to come into the city we need you to do this off-site improvement. But that's not our standard practice. So, there may be some other tools in our tool box to get there. ACHD does have their community programs -- projects. It hasn't been that long ago, so you all remember the three times we discussed our list of priority projects, community programs being primarily for sidewalks, curb, and gutter are also typically part of something that are scoped. But ACHD does try to fill in those gaps. What I would like to do is try to avoid creating new ones, though. Let's -- let's try to -- as development occurs where we can -- no. Again, I'm not proposing the developers do all kinds of off-site projects necessarily, but I'm just saying that it can be appropriate in certain circumstances. You can also set up an LID area. If you have got a couple of county subdivisions that need retrofitting you could -- you could have them pay, you know, into a fund and, essentially, collect fees to retrofit substandard sidewalks. So, there are some things, anyways, that I hope get discussed tomorrow. Another thing I guess to -- that have also come about -- existing subdivisions. When we approve projects -- I talked to Justin earlier today. We were definitely encouraging our staff to look at -- and you had one here recently, I can't remember the name of the project, but on the northwest corner of Ustick and Locust Grove we talked about getting all of their sidewalks on Ustick and Locust Grove and a landscape buffer with phase one. Not doing phase one over here and two and three and four internally and, then, phase five is over here and we finally get the sidewalks after 200 homes are built. But looking at when appropriate having perimeter sidewalks on arterials put in with phase one. You know, it's not our standard practice a hundred percent of the time, but that is something that we have, again, done before. We have said especially if there is a school and it's going to be on a walking route to school, put that sidewalk on the arterial in with your first phase, so we don't have it linger out there and it can be years and -- before you get that -- that complete system done. So, there is some things I think we can do in-house. Maybe even in conjunction with ACHD as they review these projects, too. So, those are a couple of things, anyways, that I -- in that vein of retrofitting, filling in gaps. What do we do now? What can we do? Rural properties. Rural Subdivisions. County Subdivisions. So, I'm not quite sure where the line is between is A, B and C there. Again, Mayor, I don't know if you have any other points you want to put on this discussion before tomorrow or not. Meridian City Council May 21, 2014 Page 30 of 69 De Weerd: No. I think that you captured the essence in all three of those, whether it's Kingsbridge or -- yeah. Kingsbridge and where they surrounded the existing rural road that had no curb, gutter, sidewalks and this Council asked that the developers of Kingsbridge work with the rural subdivision and to make that safe route, since the school was across the street and no doubts Kingsbridge would be walking through them, to improvements in Old Town where there is no sidewalks and looking for safe routes to school to areas that almost -- Kentucky Ridge is a great example of the old and the new where you have two subdivisions now to the south and to the west that will be going through the older site -- older sub with a lack of sidewalks, but even from that old sub now to the sidewalks in Bear Creek to get them that -- to connect them to that safe sidewalk. So, I guess those are three examples of those three different bullet points that if there is a way that the city and the -- and Ada County Highway District can work together on what they can effect and what we can effect through annexation when it is appropriate to the ask for those connecting points. Hood: So, a couple more minutes on a couple of the other agenda items. Item number three, the real -- second item to discuss, proactive roadway intersection improvements. We have seen a lot of improvements in Meridian through developer cooperative projects and that's probably the number one proactive means of getting roadway and/or intersections done ahead of ACHD programming. That's -- that's one tomorrow that I think we should explore a little bit more with ACHD. It's not something we require developers to do -- usually you have a willing and a wanting developer that wants to get improvements in front of their property or an intersection that's key to making their project marketable that goes to ACHD and says, hey, I want to rebuild this intersection ahead of your schedule, they front the money to ACHD and build the -- build the sidewalk and, then, they are reimbursed through the impact fees they would otherwise pay for their project. So, basically, again, it's similar to the STARS legislation that The Village is using to do Eagle Road improvements. They are fronting the money and building all those things, but they are reimbursed or paid back through their sales tax. This developer is credited through their impact fees that would otherwise be due as homes come online or businesses open or whatever, they don't pay their impact fees, they get -- they subtract it from the credit that ACHD then owes. So -- so, that's a pretty popular tool that a lot of developers have used in north Meridian. Examples -- the intersections on McMillan were all done developer cooperative. Winston Moore did Eagle-Ustick. That wasn't an ACHD project, that was something that he stepped up before Kohl's came in, said if we want Kohl's we got to rebuild this and so he did. There is several other examples. The Pinebridge example between -- on Pine between Eagle and Locust Grove. Dennis Baker did that project. That was one of ACHD's. So, there is -- talking with Gary Inselman there is somewhere in the neighborhood of 20 or so developer cooperative projects that have gone on. Another one at South Ridge. Overland between Ten Mile and Linder. That was done by Jewett ahead of schedule. That was not planned. But that improvement got done. And so, again, it happens quite frequently. It's something where Jerry has some set aside funds every year to work with them. ACHD does chip in a little bit and work with them on the scope of this. But those are usually done by larger developers with larger land holdings or they own two, three Meridian City Council May 21, 2014 Page 31 of 69 or even four legs of an intersection, because if not, then, you got to go through right-of- way acquisition and a nonpublic agency that's a little more difficult to negotiate right of way, but -- but, anyways, that's -- there is developer cooperatives. Also talking about extraordinary impact fee areas. The only one that I can recall in Meridian is in the Magic View area. So, 1-84, Eagle Road, west of Snorting Bull or Woodbridge -- excuse me -- east of Snorting Bull or Woodbridge. That light at St. Luke's Way was funded ahead of its warrants kind of with that, but ACHD gets reimbursed through and extraordinary impact fee that comes due and I know there is some hotels and some medical offices when they come in they pay the regular impact fee. They also pay an extraordinary impact fee, because ACHD did some of the improvements ahead of development. So, that may be another tool that we discuss for south Meridian or Fields District, these projects that may not be in ACHD's 20 year plan where we say here is the geographical area, we ask ACHD to do all of these and, then, again, they get paid back as development occurs in there, because the infrastructure exists. One of the other tools there is just to seek additional funding sources, whether that be legislation or running another vehicle registration fee or whatever, getting ACHD more resources to do more projects. So, that was something we put in our letter as a potential to explore additional funding sources for them. So, those are just a few that I have -- I thought maybe if we are interested in having, again, roadways and intersections in south Meridian, for example, that's been something that's been talked about or northwest Meridian, come on sooner than later there is a few tools that maybe -- I hope we can discuss tomorrow. I don't know if there is any other comments on that one. If not, I will conclude. Number four on the agenda tomorrow -- center medians, raised curbs. I talked to Terry Little at ACHD today and Bruce Mills. I'm hopeful that one of them -- if not Terry, then, Bruce can talk about -- about ACHD's policies, warrants, requirements, just as a refresher. Over the past 12 months or so we have had Ten Mile Christian Church come in. You may recall that with the packed house. Talking about the design of center medians with the Franklin roadway -- Franklin roadway widening project in front of them. Jackson Food Stores at Franklin and Linder were also in front of the Council talking about some raised curbing that was installed kind of ancillary to the roadway project and they were a little surprised by that going in. And, then, Walmart on Overland, also that median and how that functions and the warrants, is it needed. So, what we have asked is ACHD staff to come and explain how do you determine when it's appropriate, what are the warrants, what are -- you know, how -- and I understand these are case by case, but I think that's some of the frustration for the development community is there isn't really rules. We don't know what to expect. There is not a -- a true volume threshold. We know if we get to 25,000 cars a day and there is this much in property damage for crashes or accidents, okay, now we can anticipate that sometime in the near future ACHD is probably going to restrict the access, because it's a safety or a congestion problem. But some of those instances didn't seem to meet any warrants, they were being proactive in installing a median where it may or may not have been necessary and -- depending on your point of view or -- or engineering -- traffic engineering. But, anyway, just having them explain to us I think it would help to hear how they determined when -- when they put in medians or what the discussion should be. When should they consult us? Is it any of our business? Should it be our business to talk about when these go in or that it's an engineering thing and they -- they won't Meridian City Council May 21, 2014 Page 32 of 69 consult us. I don't know exactly what -- what that is. But anyway -- so, that's kind of some of the talking points or the dialogue for tomorrow on that one. I don't plan on leading that discussion. Hopefully ACHD can just jump in and start to explain how they do this, but I do have a little bit of background if we need to. And, then, finally, ACHD would like your input on their strategic plan. They have a quick survey that they would like you to fill out, what are some of the things you value and you think they should value on a scale -- I think from A to E. So, something high priority to this should not be a priority for the highway district. So, that's -- that's the agenda for tomorrow. Hope everyone's comfortable kind of talking about those things and -- I don't know if there is any questions or comments or anything else you want to talk about now, but that's, Madam Mayor, my -- my all things transportation for -- for May. We are in May still; right? Yeah. Okay. De Weerd: We are still in May. Thank you. Council, do you have any questions for Caleb? Bird: No. De Weerd: Thank you for being so thorough, Caleb. Appreciate it. D. Legal Department Report: Historic Meridian Special Events De Weerd: Under our Legal Department, I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. We put this back on for a discussion item after last week's presentation in regards to this particular portion of our temporary use permit ordinance. The rest of the ordinance that didn't appear to have any concerns from the Council is on your -- on Item 10 on Ordinances. It's actually listed as Item 10-D. This item is also listed as 10-E. So, we have separated them into two separate ordinances for you. If you wish to move forward tonight on both of them you can. If you don't wish to move forward on this one at this time you certainly don't have to. The only thing that was asked last week was a couple of things. We wanted some clearer definition and so in your ordinance we wanted some clearer definition of what city services were and for what is charged, what is not charged. What we defined city services as basically a service to -- of city -- of the city that's provided to the applicant here in this case. That doesn't include hard costs for other things, such as barricades -- as we talked about, barricades, flags, lighted signs, things like that. Things that have to be purchased or rented to be used. So, the city services that we anticipated that this ordinance would address is just personnel costs and not actual hardware. Unless it's something that we already owned as a city and we didn't have to go out and purchase it for an item itself. But that's the only specific change that was requested. So, that's in the ordinance that's in front of you. Again, the whole purpose of this was to, again, separate out a particular time period of the long-term historical events and things that are provided -- have been historically provided by the city in regards to personnel, but not for things that are -- again, that have a hard cost to them from the police or fire or park system or other service needs. Some of these events -- Meridian City Council May 21, 2014 Page 33 of 69 or the particular event -- the Dairy Days event do pay for certain things that, again, are our permitting costs, so that they don't pay for rental costs and so that's what this would include. It doesn't pay for rental of the facilities, it only pays for the permitting costs, because, again, we have a separate system on how that's done. Those are the only changes we made to the ordinance that's in front of you. Again, we just separated that from the other ones that were in front of you last week on the TUPs. I can answer any other questions that you might have. De Weerd: Council, any questions for Mr. Nary? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know whether it's for Mr. Nary or Sergeant Gonzales or -- in the past we have always had ACHD have barricades and stuff that they come out and we have had Kiwanis Club, Lions Club and all them volunteers to man the closures; am I not right? We have not -- and we missed last year, so -- before that I don't think that -- we are speaking of the Dairyland parade. I don't believe we had to rent equipment, it was furnished by ACHD; am I not right? Gonzales: Madam Mayor, Councilman Bird, that's correct. And ACHD is -- doesn't have the equipment -- or enough equipment or is willing to loan us the equipment like they have in the past. When we have contacted -- I believe it was John Wasson, he's indicated that they have some equipment, but they will no longer just give it to us, that there is a cost with them giving us the equipment and the addition of us having to set it up and break it down and move it ourselves. So, that changed things a little bit. To comment on the volunteers over the years it's been harder and harder to get volunteers to work some of this. The route of the parade has changed this year, so we are kind of playing with moving parts this year, because we really don't have a good understanding of how this parade is going to flow. It's going through neighborhoods now, it's taking a different route and it's going to require us to kind of feel this out. It's kind of like going into a movie theater after the lights have gone out and you have to wait to kind of adjust to it and so there is a lot of moving pieces to it, but we -- we can't rely on Ada County, from what I understand from John Wasson, for that anymore. So, kind of led us into trying to find signage, barricades, placards, signs, stuff like that to help mitigate traffic problems during the course of the parade. This parade is, obviously, bigger than the winter parade. There is more -- it is much bigger. So, it requires more intensive labor in terms of signage and other things there. Bird: And, you're right, I mean as was told to me about 40 years ago, the larger we get the less volunteerism we have and that's proven -- that's proven in my 49 years living here. But it's -- you know, when you have everything set up and ready to go and, then, you're slapped with a four or five thousand dollar request for money and you don't have in it, I mean -- and we are not talking about a group that puts it on and don't pay their Meridian City Council May 21, 2014 Page 34 of 69 share, we pay about 15,000 a year in city taxes. ACHD gets about probably four or five thousand from us. We pay a total of 35,000 in property taxes. De Weerd: We is not we the city. You are saying the Dairy Show Board. Bird: Dairy Show. Yeah. I'm saying the Dairy Show Board. De Weerd: Okay. Just wanted to make sure that the public record understood that. Bird: Yeah. I understand that. I'm sorry, I should have clarified myself. So, it's -- it's something that -- I think that -- and the rest of the Council can -- I certainly want you to come into this and see what -- how you feel and -- but I think this year -- I think that we need to talk -- and we will be meeting with ACHD tomorrow and I -- if it's a problem between personalities, let's get it solved, and use what they have got if we can and I -- and I don't want anybody to not pay their way, but when you get hit two weeks or three weeks or a month before the deal, you got your website out, you got floats in already, any money we derive through the years goes back into scholarships for agricultural kids. We give out 10, 15, 20 thousand, whatever a year to help kids. De Weerd: You mean the Dairy Show Board. Bird: Dairy Show Board. So, I -- I have no problem after this year, if we sit down and figure out something that's -- and something the Dairy Show Board can decide whether they want to continue with it or not and they can also maybe raise their fees to cover the cost, but just to get blindsided a month before the parade is pretty tough. De Weerd: Mr. Bird, I guess I would say as this ordinance came up there was -- was complete agreement that this is a longstanding community tradition and event that for our manpower this city would cover that cost. That is our commitment. The cost of the -- of ACHD and their decision not only blindsided the Dairy Show Board, they blindsided the city. That's not something we do. That's something that we all as taxpayers pay our taxes to Ada County Highway District and we felt that they were a community partner to this as well. Them setting new standards or new policy -- and that is something that you can ask tomorrow. Is this -- is this an action from the commission -- a new thing that they -- they are now withdrawing from long-standing community events and providing the -- the crowd control signage and that was separate from the city. John Wasson is on that planning committee that when we meet to talk about crowd control and all of that and he delivered that news to -- to the team. So, it was new news to our police department and so don't kill the messenger. That's all I can say is they are responsible for this new -- new news -- new news to us and new expense that is out there, because we don't have a budget for it either and we are absorbing the additional overtime that will result from the new route and we are committed to that. So, I just wanted to make sure that that was clear. It's not the city imposing a new cost. That was not of our doing. Meridian City Council May 21, 2014 Page 35 of 69 Bird: And, Madam Mayor, I agree a hundred percent. You should -- and before Sergeant Gonzales got to be the bearer of -- last Wednesday, but I think if you -- if you look back through the record for -- I have never in anything I have been involved with asked for the city to put a penny in. Everything we have done -- we built baseball fields, we have built -- built all that stuff, we did it ourselves. De Weerd: We? Bird: Our group. Meridian Athletic Association. De Weerd: Okay. Just -- Bird: Okay. Anyway, I just -- and I have no problem working this out if there is people that -- and I don't think the city taxpayers should have to bear this extra burden. But you can't -- this should have been -- when we -- when our board met this should have been brought up before, but Sergeant Gonzales had no idea that this was happening I don't think. It's just -- if we had a chance to recoup the money would be one thing, but when you get hit blindsided, you know it -- that's my take on it, so -- De Weerd: For the record, I did try to keep him on track of say we the city who -- or we the whoever. So, just kind of keep that separate. Colaianni: Madam Mayor? Just for clarity De Weerd: Lieutenant. Colaianni: -- just for clarity so we all understand, it's not that Ada County won't -- I don't want them to make out to be the bad guy in this. It's that they have a limited supply of signs and barricades and they don't have enough for the event and there are some costs now with utilizing that equipment. So, I think when you meet with them tomorrow -- and I think that's a great opportunity and dialogue -- I just don't -- in talking with Sergeant Gonzales, they just don't have enough and there is a charge with it now. But the parade route has changed, things have changed a little bit. It's bigger. The city has changed. And so there has been some moving pieces of that. And, quite honestly, once the parade runs through its route this year we may have to take another look at other things, too. We just don't know. De Weerd: Okay. Any other comments? Jerry, Hans, or Council? Rountree: Madam Mayor, I -- De Weerd: Mr. Rountree. Rountree: I'm in the dark about whatever is going on in the background on this thing. I stated last week in my opinion the history of this event is the city has participated in it in terms of providing services. Some of the services the city apparently is not going to be Meridian City Council May 21, 2014 Page 36 of 69 able to do, because the services we were getting volunteered and donated are not going to be available to the city. We still have committed to provide the personnel and take care of the overtime, which is a significant amount of money. I have heard tell that ACHD essentially wants a rental fee for this equipment now and that it might be a large figure than what can be taken care of by going through a private vendor and renting the equipment. Again, that has historically not been what the city has done. They have implemented those pieces of barricades and/or safety devices at the cost of providing the personnel and those were donated and that, apparently, isn't going to happen anymore, unless we can figure out what's going on with ACHD. It may be people at the Dairy Board maybe able to go direct to ACHD, they might get better response. I don't know. I don't know if it's something going on between us and ACHD or whatever. I don't know if that's been done, Keith or Jerry or Hans, maybe you can enlighten me on that piece, but -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: The decision that we are being asked to make today, is that just regarding this year or is that regarding a permanent decision year after year? De Weerd: If we can hold on that question and, Hans. if he can -- he can enlighten us any. Bruijn: Hans Bruijn, I'm Meridian Dairy Days president. From what I understand, when we met on Wednesday those two amounts were made. One of them was 2,000 dollars, which is overtime for Meridian police and we understand that part. The other part was 4,200 dollars for the construction traffic company. Not just the barricades, which is in the past, as you said, ACHD has simply dropped them off and, then, our volunteers have put them up. This includes -- and we understand we got -- we got -- is that they wanted us to hire this traffic construction outfit, which includes not only the barricades, but also flaggers, you know, signs -- basically what they did for the Parks Department on the winterland parade or what -- Night Light Parade. In that case they charged I think 2,900 dollars, because it was a small parade. This was a bigger parade -- would cost 4,200 dollars. So, it would not only be for barricades -- I don't see any problem with renting some barricades and for us to put them up. The problem I do see is that we have to go to professional flaggers to bring them in all the kind of signs that we have gotten in the past and that's -- that comes with that amount of 4,200 dollars. That's the impression I got is that we had to hire -- not just renting a couple barricades, but to hire this company to do this for us. That's the impression I had. Rountree: Madam Mayor, I have got a question and I'm just curious -- you all have to enter into some kind of a liability arrangement with an insurer. What's the expectation of that insurer for you to handle safety issues for parades? Is it just do it all with volunteers or do you need to have certified people or -- I don't understand that either. Meridian City Council May 21, 2014 Page 37 of 69 Bruijn: I will have our secretary -- Rountree: Jerry could tell us all that. Bruijn: He will deal with the insurance part of it Mattison: Good evening. I'm Jerry Mattison. I'm the secretary -treasurer of the Meridian Dairy and Stock Shows. That's a good question, Charlie. They have never asked us what security we use or barricades or how we control the parade. That's never been a question we have been asked this and -- Rountree: See, to me that's the heart of -- of my issue with all of this is that if something happens, God forbid, who is -- who is the deep pocket here? And if there is a presumption there that the city is going to bear that cost, I'm not sure I can do that. If it's -- if it's okay from a legal perspective that you all assume that liability when you purchase your liability rider or whatever it is you do with -- with your organization or, in fact, that happens, then, I'm a little more comfortable with -- with, you know, however you do it to get -- if we can get the barricades set up by volunteers and have people that at least know how to flag out there flagging, then, the liability is not on the city or at least it's lessened to the city. Bill will probably tell me to shut up here in a minute, but -- Mattison: I'm not sure on the liability, but the city gave us the plan that the construction company laid out of where to put barricades. If the city gives us that plan and says you need to do this and we do that and there is a problem, I would think it would come right back onto you, because we did your plan, so -- I'm not -- I don't know. I'm not a -- maybe Bill can answer that. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, all of our requirements for temporary use permits require that to get approval from the city to hold this event within the city within any of the city's facilities, they are required to go through a variety of things and a security plan and a safety plan is part of that. So, it doesn't matter whether it's in a park or in the street, we do require before we issue a permit that we have that assessed by our public safety personnel to what's necessary to have a safe event. We do require that the provider have insurance and we do require that the city be named as an additional insured as a part of that to protect the city. What we don't allow is simply that we just turn over and say do your best, put up some barricades. We do require -- as you may recall some of the events we have had we require a security company that's licensed. We don't require -- we don't just allow T-shirt security, volunteers to help security at certain types of events. We don't -- we don't allow -- and mean because of the size of the parade -- and I'm sure Sergeant Gonzales and Lieutenant Colaianni could provide additional information, but there are places where volunteers are appropriate and adequate to maintain security. Generally not at some of the Meridian City Council May 21, 2014 Page 38 of 69 intersections or places where you want people with a little bit more experience or skill level to do that. So, it isn't just putting up barricades, it's a little bit more involved than that, because of the volume and size. But all this ordinance does -- and maybe I'm answering Council Member Milam's question as well. All this does currently -- the Dairy Show -- or the Dairy Days activity is treated as every other event we have in the city as to what the city will pay for and what they are required to pay for as a private entity. This exempts them from the city's portion of what the city would require. Like I said, we have had some where we required they have our own paramedics and they have to pay for that to be present. These would just simply exempt them. So, it's not really a monumental change in that regard in the sense of Council Member Milam's question is it one year or every year, it's every year, it's simply exempting them from a traditional long-term historical practice we have had with this particular event. But I would be cautious in simply saying, you know, if this is adequate insurance, then, we will simply let the vendor pick the risk, because, again, I think the risk is going to be both to the public, to the city, and to the vendor and that's the reason for why the TUP is crafted. This doesn't exempt them from any of those requirements, it only exempts them from the portion that the city would normally have charged a different vendor for. Rountree: So, I guess my question is we have been presented with a traffic plan, safety plan, and a cost -- potential cost figure. Could they not go out and deal with another group that does this kind of thing and get another plan? Does the plan have to be sought by the city and presented to them or can they go out on their own and do it by virtue of the language of the ordinance? If they can get it for 2,000 dollars, as opposed to 2,200 dollars -- or 4,200 dollars and if it meets the minimum safety requirements -- Nary: Madam Mayor, Members of the Council, Council Member Rountree, I don't know what the conversations were. I mean we normally don't direct them to any particular vendor. We know which vendors will provide that level of service. Security is the common one we get a lot of folks -- and, again, we have a lot of people that want to put on events that just as soon say we will cover -- we will take care with volunteers and we know that's not really adequate. But to answer your question, we do design the plan based on our prior experience. If they have adequately -- a company that adequately can perform that for a different price, we don't -- that's not our issue. We care about the price. It's really to make sure that they really can do that and, again, sometimes we get a lot of promises and not a lot of delivery and that's why we have had a comfort in the city directly saying, well, here is some potential vendors if you need them, so they can use somebody else, we just need to know who they are. We need to make sure they are licensed or bonded or whatever is required to make sure that the work can be done safely to make sure the public is safe. De Weerd: And I guess I would just clarify that -- and having not been here last week I feel a little bit disadvantaged, but when the chief and I talked about this at -- it was never intended to even suggest that -- that we would be charging our overtime to -- to do this parade. The information shared was probably this is because of the increased scope with the increased pattern and crowds, there is -- there is an unanticipated cost, Meridian City Council May 21, 2014 Page 39 of 69 but that doesn't mean we are not going to absorb our part of it and -- but I just can't speak to the -- the other piece that I definitely didn't know anything about, so -- Colaianni: Madam Mayor? De Weerd: Lieutenant. Colaianni: Just for clarification. Specialty Construction that Hans is referring to, that's just someone we work with. If they want to go out and find their own like Mr. Nary said, they -- they can certainly do that. We are not tied to that. That's just a company we use for the winter parade. And so they are tied to that. That's not something we are demanding that they use that company. Milam: Madam Mayor? De Weerd: They are a great Meridian business, though. Colaianni: They are. De Weerd: Mrs. Milam. Milam: It's just getting more confusing as it goes on, so -- but this says that we are not going to charge them for city provided services -- De Weerd: Right. Milam: -- which is the personnel, the people that -- the only reason I'm saying that is because renting equipment from them or them or them wouldn't even be a city decision if it's not part of the city -provided service and if that's what they are asking for that would be something I think totally different than what's written in here. This is a we won't charge for city -provided services and that equipment isn't a city -provided service, because we don't even have that, we don't own it, we can't provide it. We'd have to hire it out. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Taking off Council hat and going to board member. The 2,000 dollars in overtime was brought up, but was never -- unless it was -- unless I spoke wrong there or something I don't even recall. Sergeant Gonzales never said anything about charging them for that. He said that's what, approximately, it was going to cost the police department and I believe the route and where the barricades are -- the plan that we have was done by the police department, am I not right on that, Sergeant Gonzales? Meridian City Council May 21, 2014 Page 40 of 69 Gonzales: Madam Mayor and Council, the -- the plan or the route that we are talking about -- the barricades and the signage, that was developed through Specialty. They have a traffic engineer that developed that for us to help us make sure that we covered all of our -- all of the things that would be required for us to have in place to have a safe traffic plan. Bird: That was approved -- you approved that plan after they developed; right? Gonzales: I did show it to Chief Lavey and he did look at that plan and he was satisfied that that would meet the requirements that he would want for that -- for the parade. Bird: For safety that is okay for you guys. Gonzales: Yes, sir. Bird: Okay. Thank you. De Weerd: And that's -- that's what we required as Mr. Nary stated in all our TUPs is that we review the plan and give it a nod and, then, that entity makes sure that the plan is executed. Rountree: So, to me, Madam Mayor, the question is not about the ordinance. To me the ordinance as written is fine. That sets the precedence that's how we are going to move forward. The question is the Dairy Board I think is asking the city to participate in the parade and help defer the cost of the safety plan. I think that's what you're asking. Bruijn: Well, I think what -- Rountree: At least this year. Bruijn: I think what really took us by surprise -- because, you know, we have always done it a certain way. ACHD's brought -- you know, so we have never had to pay for the barricades and we have volunteers set up to take care of it and that's the same plan we went with this year and, then, I can definitely see why you want to go through maybe a little bit more professional outfit, but if we had known that maybe a little bit more in advance we could have done some shopping. De Weerd: And, Hans, I don't -- from why I am hearing, we didn't know that the plan would change. We didn't ask for it. Bruijn: I don't any of us -- De Weerd: I think it was only when John Wasson said there -- we don't have the equipment this year to provide for the parade, so you have to look for another entity to provide that for you and that comes at a cost. Meridian City Council May 21, 2014 Page 41 of 69 Bruijn: Right. And I -- but I think -- that part, just the barricades, just what ACHD has provided in the past, that's not 4,200 dollars. You know, that's just a small portion of that. It's the -- the rest of it. The flagger, you know, hiring the -- paying for the people to do the flagging that we have had volunteers do in the past. I think that portion is where all the money comes at. Milam: Madam Mayor? I think that 4,200 included the flaggers; correct? Bruijn: Right. Yes. Yeah. Milam: Okay. De Weerd: But we don't provide flaggers. That's something that-- Milam: It has nothing to do with the ordinance. Bruijn: No. De Weerd: but -- so who is saying that they can't continue to use the volunteers to do whatever it is? I'm trying to catch up here. Mattison: I think the way I understood when John came to the meeting last Wednesday was -- he did not say you had to use Specialty Construction. We knew that we could go somewhere else. It's just there is a time factor here that it's fast approaching the time to do something. But it was like if you don't do this the city will not sign your permit to do the parade. De Weerd: Okay. So, is that -- is that correct? I definitely know they need the barriers and I think we are all on the same page with that. I guess the true cost comes from the personnel and in the past they have used volunteers for that. Gonzales: Madam Mayor and Council, even though in the past we have had equipment provided to us by ACHD, it still required us to have a large presence of officers to be able to supplement that. By using Specialty Construction it would reduce substantially the number of officers that we would need to be able to handle this parade and to be able to use the equipment to be used appropriately, instead of using manpower that is probably the most expensive piece to do something that barricades and cones should do on its own. So, what I tried to relay to the Dairy Board last Wednesday was that the plan that we had from Specialty, that was a plan that the chief had approved to be able to approve the permit from our standpoint from the Police Department. De Weerd: And what you're saying, sergeant, is in the past or -- that was officers Gonzales: Yes. De Weerd: And so we are causing additional cost. Meridian City Council May 21, 2014 Page 42 of 69 Gonzales: Yes, ma'am. So, what happens is ACHD -- in the past ACHD has dropped off stockpiles of equipment in key locations, making it easier for us, but it still requires -- we usually brief an hour before the parade and, then, during that hour that's sort of the segment of time that we have designated at different locations that equipment is started -- is being placed into the roadway to prepare to close the various roads that are necessary to be closed and the traffic control to be set in place. So, a lot of the work -- although some volunteers might help us, a lot of the work actually comes back to officers to bring those cons out onto the roadway. Now, something that is slightly different in this plan is that ACHD never provided us with a lot of signs. There are a lot of signs in this plan that the chief has looked at and is satisfied with, but we also believe that based on the circumstances it's important for people to know that roads are closed. It's important to know that they can't enter into those areas, not only to avoid cars mixing with people, but overall safety reasons and so people can plan accordingly. De Weerd: I guess, Council, with that clarification, I would suggest that we pay for the manpower part of this, because this is something -- a service and a commitment we have had to this event in the past for decades and that we can continue that commitment to those costs. It's going to be a hard cost regardless, whether it's officer overtime or it's flagger time, but -- Rountree: So, we can go around and around on this, but the rub there was Specialty Services or whoever they are can do it for 4,200 dollars. If you start paying overtime for patrolmen to do this, it's not 4,200 dollars anymore. I can't remember what the figure was, but it was ten, 12, 16 thousand -- it was a big number. De Weerd: Well, Mr. Rountree, as I was saying, I think we need to continue to pay that personnel cost if Specialty can reduce that cost or that burden to us, I'm all for that. But that should continue to be our commitment. The road barriers and such, if ACHD is not -- doesn't have the supply on hand, that hard cost is -- is for someone else to bear. But as far as I'm concerned when we brought this -- this ordinance up, this is the longest standing event in our community and that distinguishes this expense from any other event and that we can explain why we are doing it for this than anything else. But what I can't I guess justify is the hard cost for materials like barriers and signage that we traditionally didn't provide. So, I don't -- that's my opinion. We will continue to pay for the personnel costs. It seems to be less by using Specialty specialists than overtime from our Police Department, so we are getting a bargain in the deal. But I guess that's my position. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: We -- and I -- Hans said something about last Wednesday he had the Kiwanis all lined up to help and stuff like that. Maybe we won't have to hire as many people to help, as long as our police department -- I mean we have always had -- and two years ago I Meridian City Council May 21, 2014 Page 43 of 69 don't think we have ever had a crowd in downtown in 49 years that match that crowd and we had no problems to my knowledge and we had volunteers at the deal. But we do -- it is -- this parade route wanders through some places that we haven't wandered before and it's -- the first year is going to be a catch as catch can and I would sooner have a couple of extra professional flaggers in certain areas than volunteers. Now, volunteers can be along Main Street here at the little roads and stuff like that, but when you get over there at these junctions where you got the parade coming back one way and one coming out this way and this guy is turning this way and this guy turning this way -- and some of our floats aren't very small. So, I think that for the first year we need to make sure that we got enough professionals -- we can use all the volunteers we can find, but we need enough professionals to cover some areas that we have not had before. Bruijn: And I do want to add to that the reason we changed the parade route -- because we -- the parade route that we had before was really nice. That was perfect. But with the change of traffic we just felt that the safety -- you know, and the impact to traffic would have been tremendous. Jerry and I, we went to watch the winterland parade and we could see what mess happened at Meridian Road when they tried it with -- and that was -- you know. De Weerd: Hans, that's just because you heard I was giving out your phone number. Don't call the Mayor, call the Dairy Show Board president. Bruijn: But I think the route we picked -- and, yes, it does go through -- about two blocks -- two or three blocks of residential area, but it avoids Main Street and Franklin where all that traffic goes and I would think the police department would get less complaints by doing that and we may get a few complaints from the residents, although maybe they can sell a spot in front of the yard. But we really looked hard at, you know, safety and -- in our minds, so -- because we never want to get to a point the parade is just too dangerous to put on and we might as well do something different, so -- Mattison: I will also make a comment. I'm not sure if the police department went to Specialty Construction or -- who requested that diagram. Was it the police? Okay. The police requested them to do that. So, to me the police go to this company and says would you plan out where to put signs and barricades that would make this a safe route. Well, I'm going to put every sign I could possibly think of, every barricade -- you know, I'm selling this stuff, I will -- De Weerd: Oh, Jerry, that's -- Mattison: But, then, you take it to the police and say is this good. Well, yeah, that's great. We will sign off on that. But is that really what's needed? And I don't know who determines what's needed. Nary: Madam Mayor? Meridian City Council May 21, 2014 Page 44 of 69 De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I guess maybe to answer Mr. Mattison's question and for the Council, too. In reviewing other communities and reviewing information provided by our risk management association that the city belongs to. This month, in fact, there is a fairly lengthy article about parades. But one of the bigger concerns with parades -- and you probably noticed just from your own observation of other parades around the country -- many times the danger that occurs in a parade isn't from the people within the parade, it's the people that are outside of the parade and don't realize it's there. They drive into it. They drive into the barricades. They drive into people. They drive into the -- they drive into the parade, because they don't -- they aren't paying attention to the fact that something else is occurring that's not normal for them. So, I would -- I would agree that I don't know -- I don't -- I don't know the specifics of this plan and whether or not it's -- it's more than necessary, but especially when you're changing routes and driving through neighborhoods and driving in areas where you haven't been before, there certainly is a different danger that we just don't know about yet. Definitely I think it may behoove the city to make sure we -- whatever level of support from the city we are going to provide we need to make sure we have tracked that, so you and the Council in the future know is this expense reasonable in relation to whatever is being asked. Because all this ordinance does it says if the city provides it, it won't charge for the services the city's providing. It doesn't require the city provide the service for now until the end of time. It sounds like that there is a necessity to sit down and, again, meeting with the Dairy Show Board folks and the police, we could sit down and figure out is there some ways to curb some of this cost. Is there better use of flaggers or volunteers in certain spots and better use of professionals in certain spots and better use of police in certain spots and that may impact the cost a little bit, but, again, the physical barriers and such -- again, it sounds like ACHD doesn't have enough of them and it doesn't have enough -- or it was going to charge for them. So, there is still going to be some cost, but we could certainly go back to the drawing board and bring back a different item next week to talk about that issue and what's in detail. De Weerd: You know, Mr. Nary, I don't want to talk about this anymore. I think it's very safe to say that, you know, whether it's in police overtime or flagger time, we are committed to the -- the traffic control aspect of this. We can ask ACHD if they do -- whatever they might have on hand if we can use that to augment the cost to what specialty supply would charge the Dairy Board for, to see if we can further reduce that hard cost to the dairy show board or dairy board. I don't know why I keep calling it the Dairy Show Board, but someone had to have planted that in my head, but -- and just leave it at that. I think that our police department reached out to Specialty Construction, because we don't have a road department. We are not the road department. We don't do traffic control typically and because of the unique situation and the changed route, we did go to the experts that know how to put those together and I don't -- they are a Meridian business and they have been a community partner -- I don't think they are going to ask us to do something that we don't need to do to get more money and I'm just saying that, because I know the business, we do work with them and their owner also lives here. So, I don't think there is any -- anything beyond keeping a safe route so Meridian City Council May 21, 2014 Page 45 of 69 -- for this community event and for this community as a whole. But to sit down and to come up with something that everyone feels comfortable about and afterwards we will do a debrief and we will -- we will see what worked well, what didn't, and how we can continue to carve off unnecessary cost, but not as Mr. Rountree said at the cost of safety for our citizens and I know that is your goal just as much as it is ours. So, we are in this together. This is a great community event and it does draw a lot of people, because it is a long-standing event and it's an event that we all look forward to. Bruijn: And, you know, if we do this right, then, the Parks Department can learn from us in the winterland parade and maybe save some money there and that is city money, so -- De Weerd: And that's correct. And we get sponsors to cover it. Rountree: Madam Mayor, I have a question about -- how does ACHD play in this gray situation. Do they have to get a permit from them as well? De Weerd: They sign off on it. Rountree: Do they just sign off on it? Bird: They have to give their permission -- Rountree: They have traffic engineers can could put together a traffic plan -- and I'm not suggesting that they do, because I suspect it would be more than 4,200 dollars. But they have engineers that could look at -- De Weerd: Don't quote that, Frank. Or Holly. Rountree: Well, but they are government. I guess I'm thinking how do we move this forward. Have the Dairy Board approach whomever or any other security provider and say we need a plan for security for this route on these roads for our parade and we need it in two days. We need a cost breakdown for men and material. Take that to ACHD. But when you add -- or maybe another one or maybe both, take them to ACHD and say, traffic engineer at ACHD, does this meet safety requirements. Because I'm not going to determine that and I'm not necessarily sure from an engineering point of view -- I know from a traffic control point of view the police department can do it, but from an engineering point of view if anything does happen at least an engineer's approval or stamp on it is going to weigh a lot more from a liability standpoint than -- than the police department or City Council or clerk's office issuing a permit and you have -- you have the plan, you have the costs, the city pays for the men part of it, man part of it, we pay for the -- supporting public safety folks, whether it's the fire department or police or parks and rec or whomever is providing some safety aspect to the parade and move forward. Milam: Madam Mayor? I'm sorry. Meridian City Council May 21, 2014 Page 46 of 69 De Weerd: Mrs. Milam. Milam: Sorry, Charlie, I thought you were done. Rountree: I'm done. Milam: Well, I would recommend that we will pay half of the cost and plus the police presence that we -- that will cost us some overtime as well and that way it gives these gentlemen an opportunity to look at less expensive options, if they find one it saves both of us money and it pretty much takes care of what we have been providing all along, which is the personnel. Without seeing the breakdown that would be my -- Rountree: I'd take my approach. Milam: Uh? Bird: Madam Mayor? Rountree: I said I would take my approach, because personnel are going to be way more expensive than the material. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: You know, we are talking about this year and the ordinance will be a permanent thing and we can work it out afterwards on the deal and I don't think anybody complains about the cost if they know ahead of time and can get it back. I mean, you know, I don't know what the city charged for their floats, but I think it was two or three hundred dollars. We charge 25. Big difference. Maybe 50 for commercial. Nary: Twenty-five. Bird: Twenty-five. If we know that we can maybe get the deal set up and get it taken care of. I think -- I think the Council and our police department -- everybody wants to work this out. They don't want to not have a parade this year. It's such a short time, but I think we just need to sit down and get it worked out and get it done. I'm like -- I'm like Charlie, I think if you want to have ACHD's engineer look at it -- I wouldn't trust their stamps, because if you read it -- if you read their stamp it don't -- half the ones don't even know if they have seen the job before. But anyway. Bruijn: But I did check with Nampa. You know, they put on Parade America and they don't charge to get in it, but their police department volunteers their time for the whole parade. Meridian City Council May 21, 2014 Page 47 of 69 De Weerd: So, lieutenant and sergeant, if we can, please, take Specialty Construction's plan, run it by ACHD, see if there is any cost savings we can find. Have them define the personnel costs versus the -- the material costs. The Dairy Show Board can look at the material cost and, hopefully, ACHD will -- will have something on hand that can help reduce that. The main cost is going to be in personnel and that is something that we will cover and, Council, unless you firmly object to that, I think we can only almost let this dead horse go home. Zaremba: Madam Mayor? De Weerd: Oh, Mr. Zaremba. Zaremba: That sounds like a good idea to me. I do have a couple of saved up comments that I would also like to make if I may. At our Kiwanis meeting today, which I am a member of and attended, it was announced that we are gathering volunteers to -- to the Kiwanis -- Kiwanis will be there in the numbers that you expect, I believe. That's a good point. The comment was raised about what the parks department charged for floats. Remember that that was an electric light parade and the city knew that every float was going to have to be inspected for generators and electrical safety and that was built into that cost as well. I also would comment we are discussing a surprising change in cost, because of a change in the route and knowing that that changed some of the requirements for safety, I'm comfortable particularly for this year with the city bearing a portion of that cost and I relate it -- and I agree with the suggestion that, okay, after it's over, while everybody has warning about what's going to happen next year, we will have a post-mortem and we will discuss what needs to be done with cost and stuff in the future years. I'm comfortable with the city expending a little bit more this year, because we had no expense last year. It was unfortunate the parade had to be cancelled because of construction that was going on, but -- Bruijn: We still paid property taxes, so -- Zaremba: Yeah. So -- De Weerd: And thank you for that. Bruijn: You're welcome. Zaremba: I know we don't carry this kind of stuff over and it's not an equal thing, but we saved some money last year, because they did not -- they were not able to put the parade on at all and I'm comfortable investing a little bit more this year as long as we know that's not a commitment to do extra investment every year, but we will talk about that. Bruijn: And I do think if we had stayed with the original parade route the cost would be even higher, that they would have needed quite a bit more at Franklin and Main and Franklin and Meridian, so -- Meridian City Council May 21, 2014 Page 48 of 69 De Weerd: We are already saving money Bruijn: We are already saving money. De Weerd: So, lieutenant, if you -- and part of looking at this and evaluation -- if it can be considered where those volunteers can be used and where the paid personnel are most appropriate -- actually essentially that would great, too. We want to use our resources to the best in each of those regards. Colaianni: I agree, Madam Mayor, and I appreciate those comments. John is going to go to the Ada County Highway District tomorrow. I don't know what time the meeting is. He's working on that. We will show them the plan. They have seen it. But we will show them the plan, see what materials they have to try and reduce the cost to the Dairy Board. We are not against the parade. We love the parade. I love a parade. But safety has to come first. So, we will look at that. I did look at the quote that Specialty had sent us and the labor costs are a total of 129 dollars. Everything else is materials. Set up and tear down and transport. De Weerd: Well, I like that. We will pay for personnel costs. Colaianni: I'm looking at it here. Use of the flaggers is 129 dollars. Twenty-one dollars an hour. The rest is -- and what I can do and commit to is after this is over I will write -- and review on the whole event on lessons learned and things we can take a look at and come back and present it to Council or have the chief do it, so you can kind of build upon it for next year, so we have something to play by. That would be -- De Weerd: Well, perhaps after doing all of that you can make a recommendation next week. Not for discussion, but for what the city's partnership will be to this. Colaianni: Okay. Mattison: So, where are we right now? De Weerd: We are as far as we were when you walked in the door. At least I think we are clear on what are the next steps to do between this week and next and you have a solid commitment from this Council and Mayor that we want to be a partner to this and we will bring recommendation back next week on how to minimize the pain. Mattison: We appreciate all the support and everyone wants the same thing. We want a fun and a safe parade. De Weerd: Yes, we do. Mattison: That's critical for all of us, so -- Meridian City Council May 21, 2014 Page 49 of 69 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Could I say one thing? I think -- and I will tell you this at tomorrow's meeting, but I think that we as a nonprofit need to call Specialty Equipment and see if they will donate something. We are a 501(3)(c). Give it a try. Don't sit on our hands. Let's go do it. Bruijn: Especially if most of it is material. Bird: Uh? Bruijn: Especially if most of it is material. Bird: Let's give them a call and see if they can knock off 30 percent or whatever. De Weerd: Well, I'm sure Dean has had a good time tracking this conversation. So much for talking through the chair; right? Okay. Bird: I'm sorry. Bruijn: Thank you. De Weerd: So, thank you. E. City Council Report: Boy's and Girl's Club Donation Discussion De Weerd: Okay. Our next item 9-E is a discussion about the partnership with the Boys and Girls Club and having a discussion on the amount we want to partner with the club on and -- and I know that the Parks Department continues to work on the partnership agreement aspect of it, but as that's worked through we just wanted to get -- get the conversation on the record as to the direction that we are going. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As we know, the Boys and Girls Club are raising capital fundraisers to put up a gymnasium over here in front of their property at Pine and Meridian Road, so that they can service and have more kids that is needed and the programs needed for the children to do this and we have discussed amongst us of -- and I don't call it a partnership, I call it a -- a donation, because every partnership I have been in when the expenses come out pay your half and stuff like that. Well, this is a one time donation in my part. We are not going to help maintain it or anything else and I feel that it's -- it's not -- it is new to the point that -- that we are giving money for programs not on our Meridian City Council May 21, 2014 Page 50 of 69 property, but in the same token we donated over 200,000 for lights for Heritage Middle School, which I understand is also a public entity, but it's still not on our property. We have helped numerous youth activities that have had exclusive right to the fields and stuff that we put it in. So, this -- this -- in my opinion, this is helping youth that don't -- are probably -- don't have a lot of the opportunities that a lot of the other youth have and this Boys and Girls program, if we -- if we don't have that I don't know -- I don't know what we have in this city for these young ladies and gentlemen after school and during the summer program. So, I feel very good that we can -- that we do have the sources to do it and it -- it will help our programs in the summertime -- relief our programs and they can do more and have more kids there. So, I will -- I'm a hundred percent behind it and if -- if there is a way we can maybe use the gym in the evenings or something for some of our programs, that's just an added benefit, but this -- this is not only helping the youth, it's helping downtown Meridian, it's getting people down here, but mainly it's helping youth that don't have the advantage that a lot of other youth have. Milam: I second that. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: I guess not unlike Keith, but maybe I can draw the -- that I do see it as a partnership and I see it as a partnership to provide that fabric that we need for the city in downtown and in our -- can't remember what you call that particular area, but where incomes are lower and kids are in more of need for things to do. Now, it's not a -- the Boys and Girls Club is not exclusive to those folks, it's available to anybody that wants to take advantage of it. So, I see it as an important part of our community, just as I see the senior center as an important part of our community and we have provided funds for the senior center for years. It gives those young folks an opportunity to be mentored, it gets them -- a lot of them through school. It gets them to become productive and motivated citizens of our community and other communities as they move on, as opposed to becoming problem children and ultimately problem adults. So, I see that -- to me that's a partnership. I don't know that you have to have a give and take or some kind of a contractual arrangement to be partners. In my mind we are helping them and, in turn, they are going to help us, because they are going to learn skills, they are going to get influence from mentors in the program and have opportunities without this particular facility they just flat won't have. We have seen it. We have seen it in multiple situations. We have seen it in the facility we have with kids that have gone from having a difficult time to being very very very successful and I have no problem at all supporting the effort to -- in my mind partner with the Boys and Girls Club to help those young individuals to have a better life. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 21, 2014 Page 51 of 69 Bird: Charlie, I think you're right, it is a partner -- not a partnership, but we are partners with them and you spoke perfect of what -- you know, this -- this is just something that's dear to -- I know your heart, Tammy's and, you know, we have -- anything we can do for the youth -- and especially the ones that don't have the opportunity that our kids or grandkids have, I don't know. I just -- it's something that I can think of nothing better as a taxpayer than seeing some of my tax dollars go for those kids. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add that I agree with that. I feel that it -- De Weerd: Is your microphone on? Zaremba: It is on. Maybe I'm not close enough. And my hearing aids are working better, that's why I'm not shouting anymore. Rountree: Eh? Zaremba: But I do agree and the Parks and Recreation Department is -- is doing a marvelous job of trying to keep up with our population growth, but we do have an absence of facilities in our Old Town area. The Boys and Girls Club does a marvelous job of serving a somewhat underserved population and I know we believe that they tend to serve risks that we call at -- youth that we call at risk in -- and, actually, there are several risks involved. There was risks that if they don't have a facility to go to where there are caring and good example kind of adults around and they are left to their own their processes to figure out what to do while their parents aren't home after school and -- that not only is it a risk to them, it's a risk to our population as well, that they will find things to do that we don't encourage them to do and that will involve more police involvement than we wish to have. So, it does serve our taxpayers and it does serve our people to help the Boys and Girls Club in this effort to provide a facility -- particularly in an area where -- where I think it's a good thing to have a new facility. So, whether it's a donation or a partnership, I support it. Let's do it. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: You will have to put me in the dissenters club. I struggle with committing tax dollar funds to a facility like this. I love the Boys and Girls Club, I volunteer, I have personally donated. I think they do a lot for our community. There is a lot of other organizations in our community that serve those that are in need and I think the city has done a great job of utilizing the mechanism of CDBG grants to assist those and I struggle with trying to say here is another pot of money to go to a cause that while I personally believe in, I struggle to decide that that's a good use of our funds. I think the Meridian City Council May 21, 2014 Page 52 of 69 Boys and Girls Club in the Treasure Valley has proven to be supported by our community and I think will continue to do so. I just -- I don't feel comfortable at this point in juncture without a formalized agreement about what a true partnership looks like, that's something I'm in favor of. I hear from all of you, people who I really respect and admire that you think this is a great idea and if it is a great idea let's formalize something that benefits our whole community, not just one particular population. De Weerd: Let me give you a little bit of perspective. The -- the city convened a group -- I don't know, Keith, was it in the late '90s -- it might have been before I came on Council -- led by Mayor Corrie and, then, he kind of handed over to me, but we asked the Boys and Girls Club to come here. We researched many different youth organizations to find the right model for a community that had nothing for kids after school. We asked them to come here and when they came here we provided our former police station after our police got their new home and the minute we opened the doors -- and the community stepped up. They went in and gutted it, they remodeled, and the minute we opened the doors we had a waiting list. The community stepped up again and bought their current facility. I believe the facility itself was 1.7 million dollars. They still have a half a million dollars to pay off that billing, but, again, we are serving over 225 kids daily, with a waiting list of a hundred kids and that's -- that's unacceptable. Many communities have community centers that offer programming and after school for these kids that because of the Boys and Girls Club this community doesn't have to impose not only one time costs, but ongoing maintenance and staff to provide those services. The Boys and Girls Club through community donations provide that at a savings to a city and their parks and recreation outlay. So, I do think -- just like we justify our partnership with the city center, that this -- this has all the right reasons behind why it makes sense to be a capital partner to it and to continue to explore a partnership that the Boys and Girls Club and our Parks and Recreation Department feel will continue to be able to utilize a community asset and to serve the citizens who need it the most and in this case and in this particular location it does happen to be kids that are latch key and don't have the same opportunities I know my kids had and many other kids have had. So, I -- I truly believe that that is a community responsibility and our community has stepped up. But our community has also said that it's something that they don't have a problem the city being part of that community partner as well. And so with that and with a decade and a half that when the community first said, city, you need to lead this and you need to find those solutions to providing a safe place, caring adults, helping start marketable skills and opportunities to serve, which are all the five promises that we committed to as a city in creating the Meridian's Promise that we need to continue to be committed to and this is one of those commitments I feel comfortable about being part of that promise to our youth, so -- and I appreciate Garrett and Steve, they continue to talk with the Boys and Girls Club to -- again, to see how we can find things that can benefit the community -- that I know the Boys and Girls Club wants to be a community partner as well and so I think we need to just let them continue to do their jobs and -- but at this point I think it's important for those Boys and Girls Club and for this community to know what the city's thinking in terms of a financial commitment to this campaign. Meridian City Council May 21, 2014 Page 53 of 69 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just add to the comment that I -- I have had the same discussion with myself that Councilman Cavener raises. Should we -- should we pick special -- should we pick special projects in the city and, you know, by making a selection like this we exclude some other people that -- or some other organizations that we don't -- what pushes me over the willingness to do this and make this contribution is the exchange and I may have mentioned it, but my feeling is it's the same as I feel about parks and recreation and my experience of having lived other places in the country. Again, this is antidotal, not proven, but it appears to me that places -- places that don't spend enough money on parks and recreation and things like the Boys and Girls Club, spend a lot more on police and jails. So, you don't save money by doing it and what pushes me over the brink of being able to say, yes, I would pick and provide some favoritism to the Boys and Girls Club is that I know the results that they get and the results do safe our police money and the results do save our community the money that we are going to claim we saved and contribute and I'm willing to make that trade, because I feel we would end up spending it anyhow and I'd rather spend it this way. Bird: Madam Mayor? De Weerd: I guess I would just add one more thought, perhaps, Mr. Cavener, that might also solve some of that inner turmoil is we have gone into a partnership with the Police Activities League and we have wonderful facilities that they have priority use for, but it serves a boat load of kids and it gives them a lot of life lessons. So, it is a partnership with the Meridian Youth Baseball organization and we have a quality product there. As with Adventure Island Playground. And there is a number of partnerships that we can talk to. It reinforces that this city has a true commitment to the kids of our community and I think this bill fits as nicely in those partnerships than anything else could. Mr. Bird. Bird: Well, I think you have basically hit a lot of the stuff that I was going to say. I -- I just -- I feel that this community has always -- and to be truthful with you, Councilman Rountree and myself have helped a lot of programs together and stuff and I don't believe we have ever once asked for city help or anything, but this time we have grown to the point where we -- where we have to -- the city has to give some help to get these young people their roll models and the manners that they get over there changes their lives. I mean we have all coached or worked with youth and, you know, the greatest thing about it is when you have some 55 year old kid come up and tell you that, you know, you have helped in his life and it's something that there isn't a taxpayer in this city that won't bend over backwards for a youth and that's -- that's exactly what we are doing, we are helping kids that -- that need the help and deserve the help. Milam: Madam Mayor? Meridian City Council May 21, 2014 Page 54 of 69 De Weerd: Mrs. Milam. Milam: There is not a whole lot more to say. I echo -- I agree with everyone on this side of the room. Sorry. I would like to add that I would like to continue the discussion of really pursuing getting that facility space for us to use. I'm not asking for strings to be attached, but I do not want to give up on that and I want to pursue it to the tenth -- hundredth extent, as much as we can, until we are out. I would like to be able to use that facility for our community events with the parks and rec after hours and that's -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I think -- Genesis, I think that will be being worked out and I think that we need to continue, but if -- if you guys would permit me, I would like to make a motion that we bring a resolution back committing 500,000 dollars to the Boys and Girls Club to be given to them for the gym facility only and that our Legal Department and our Parks Department continue to work out, so if it's legally possible for them to let us use it after hours or something that we can do that and I assure you that they would have no problems doing that, but it's got to be legally done, so they don't lose their tax exemption, because if they have to pay taxes, people, they don't exist. Milam: Is that a motion? Bird: My motion. Milam: I second that. Nary: Madam Mayor? De Weerd: I'm not sure I understand the motion, but Mr. Nary. Nary: Madam Mayor, Members of the Council, I think this might address what Council Member Bird's motion is, as well as his comment that was made by Council Member Rountree. I would only suggest for the maker of the motion that we bring an agreement. Under the law we can provide this to the Boys and Girls Club, the city can, but we have to have an agreement as if it were a grant, because there is a requirement in the law that it has to be used for the purpose you intended it. So, that has to be done in an agreement, not a resolution. But other than that -- I mean you can certainly do that to -- maybe for the public record for those in the audience that are home, everything you all said fits exactly into the public purpose that's allowed under the law. You have provided grant funds under our Community Development Block Grant program to the Boys and Girls Club for this similar purpose and this -- a grant, essentially, from the city for this purpose is perfectly within the confines of what the law would allow, it just needs to be in an agreement, so it's clear the purpose of it, why it fits the public purposes that are necessary in our community and that it will be used for that specific purpose that you Meridian City Council May 21, 2014 Page 55 of 69 intend. So, if the maker of the motion is comfortable with it being an agreement, not a resolution, we will work that out with the Boys and Girls Club and bring that back. Bird: And Madam Mayor? De Weerd: Uh-huh. Bird: I would -- Bill, I thought we had to have a resolution to track it, but an agreement would do that. If the second agrees, an agreement is fine with me. Milam: Second agrees. De Weerd: Okay. Any further discussion? No? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, nay. De Weerd: Motion passes. Four ayes and one nay. MOTION CARRIED: FOUR AYES. ONE NAY. ONE ABSENT. F. Police Department: Awarded Additional FY2014 Traffic Enforcement Mobilization Grant and Alive at 25 Funding De Weerd: Okay. Item 9-F is under our Police Department. Gonzales: Madam Mayor and Council, thanks for having me here tonight. I think had the community known how lively our discussions have been tonight they would have DVR'd the American Idol for now and they would have been here. I'm here to discuss requesting spending authority on some grant funding that has been awarded to the Police Department, City of Meridian. Spending authority for 38,369 dollars, divided into two different areas. The first area is 2,369 dollars provided for Alive At 25 promotional -- promotional items and these are items that we would give away to people to promote the Alive At 15 program. The other part of the funding is a new program that the Idaho Transportation Department is starting, with traffic mobilization, primarily to reduce and enforce impaired driving and aggressive driving and the way that would come is in two forms. One would be overtime and one would be in equipment incentive funds. So, 20,000 dollars would go to overtime. This would be for the deadliest one hundred days, which is the dates of summer between Memorial Day and Labor Day. The nice thing about that is it allows us to identify when we need officers on duty for those activities and to be able to put those officers on overtime and pay those costs to address impaired driving and aggressive driving. In fact, those also include distracted driving. Ten thousand dollars would be towards incentive funds so we would be able to log the time that we already do towards these activities, impaired driving and aggressive driving and be able to earn 10,000 dollars for equipment for the police department to continue to use for enforcement activities. There is one slight difference than in previous grants Meridian City Council May 21, 2014 Page 56 of 69 that we have in this form. This funding requires that we provide a 20 percent match and 6,000 dollars has been set aside to be able to cover that 20 percent match. Hopefully, that's in a nutshell what the funding is in reference to. I stand for any questions. De Weerd: Council, any questions? It's a great program. Bird: Great program and he does a great job. Gonzales: Thank you. De Weerd: There is a model in the state. Not a surprise, but -- Bird: Yeah. Gonzales: If I could speak to that for a moment. I recently had the opportunity to go to the Lifesavers Conference in Nashville, Tennessee, and had the opportunity to speak to a national audience about the great things that we do here in Meridian, Idaho, so -- De Weerd: Great things you and your team does. Gonzales: There is a lot of people involved. De Weerd: So, thank you. Gonzales: Including Ken from the Mayor's office. Bird: But there is one good leader. De Weerd: Council, you have in front of you -- nothing. Did we need to approve something? Rountree: Budget amendment. Gonzales: It's a budget amendment for spending authority. De Weerd: But it's not noted. So, I probably did -- Bird: I thought it was a budget amendment, too, until I just read this. Milam: It is here. Bird: Yeah. It's not -- Milam: Should we add an item or not. Rountree: The topic's right. Meridian City Council May 21, 2014 Page 57 of 69 Bird: The topic is right. Why can't we just do it? It's 6,000; right? Gonzales: The amount is 38,369 dollars. Bird: Madam Mayor? Milam: Oh, 6,000 is -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the budget amendment for the Police Department 38,369 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve item -- the request under Item F. Kind of. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. G. Public Works Department: Budget Amendment for FY2014 in the Amount of $300,000.00 for the Wastewater Treatment Plant Administration Building and Laboratory Construction De Weerd: Item No 9-G is under our Public Works Department and it looks like I will turn this over to Dave. Allison: Madam Mayor, Members of the Council. Good evening. Dave Allison. Engineer with the Public Works Department. Tonight before you we have a budget amendment. It is for the construction of the new administration building and laboratory expansion projects at our wastewater treatment plant. I hope you guys have the spread sheet. I don't know if that got attached. Bird: It did get attached. Allison: Okay. This spreadsheet breaks down what the total amendment is and where that monies will be going. The total amount is 300,000 dollars. We start off here at the top. The administration building currently has a net change order amount of 45,000 Meridian City Council May 21, 2014 Page 58 of 69 dollars, with an additional cold weather protection amount of 8,460 dollars. That total comes out to 1.3 percent of our overall budget for the administration building. Our laboratory has a net change in an amount of 67,560 dollars, as well as 7,700 dollars for cold weather protection. And that comes out to about 2.2 percent of our overall budget for the laboratory. In addition to the change order amounts we have here we have monies allocated -- that need to be allocated for a contract that's still to be let for card readers and access controls into the building. It's 44,338 dollars for the administration building and the operations retrofit and the laboratory is 25,882 dollars for the card readers at that facility. The remaining funding that we have allocated here is 100,665 dollars. This amount would be set aside, because the construction right now is underway. The state budget cycle, as well as our budget cycle blacks us out from coming to ask for more budget amendments between June and October 1st. This money would be set aside to cover any changes that came up between now and that time. I stand for any questions if you have any. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Two things, David. On the -- when we bid the job was the timetable with the bids and stuff where they knew they were going to be pouring concrete in cold weather? Allison: We didn't at that point. We weren't sure. Bird: We didn't know -- we had no schedule at all? Allison: We definitely had a schedule. We weren't sure at what point -- what would be required. We had regular blanketing required as part of our spec included in the construction contract. What happened here was that first week of December we had negative ten degrees out there as they were pouring that foundation for the lab and the admin building. That necessitated additional cold weather protection. We had a ground thaw heater. That's something that runs on diesel -- glycol and keeps that -- keeps that warm and up to specs for our construction there. Bird: But we did have a schedule when they bid the job? Allison: Absolutely. Bird: Okay. Card readers. Allison: Card readers. Bird: Wow, those -- that's -- I didn't realize they were that expensive. Why weren't they in the original bid? Meridian City Council May 21, 2014 Page 59 of 69 Allison: The card readers -- and just for perspective, just the hardware -- we actually use Apex, it's a company that we use throughout this facility, the wastewater plant, police department, any city facility -- they are the only authorized distributor of the company Llanell. All the cards we all have here. It's about 2,200 dollars just for the components that sit on the door. That doesn't include any of the hardwiring, any of the low voltage to the door, that's just what sits on the door panel. So, those numbers are reflective of that and all the doors that we are going to have in those facilities. That was not included in the original construction bid, because that is a sole source vendor for us. So, we didn't include that in the original construction project or include -- the original construction bid. Excuse me. Bird: Do they do the installation or does your electrical people do the installation? Allison: Our electrical people bring the box and all the conduit up to the door and they provide -- they come in and install it. Bird: They come in and provide it. Allison: Exactly. Bird: And does this include -- does this include the electrical work by our electrical contractor also or is that going to be a change order for him? Allison: No. That was included. That is included in the electrical contract. Bird: I have no more. De Weerd: Any other questions? Thank you, David. Council, I will need a -- Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't -- if we don't have any questions or anything, other than that, I would move that we approve the budget amendment for the wastewater treatment plant administration building and laboratory construction for 300,000 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-G. Any discussion from Council? Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. Meridian City Council May 21, 2014 Page 60 of 69 MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: So, David, I was expecting a slide show. Or PowerPoint. Correction. Allison: I spoke with Tom and we decided that we would come back and do one presentation, maybe a couple months down the line once we had a little bit better -- De Weerd: Pictures and more material. Right? Okay. Bird: We only beat two things to death, we may as well beat another one. H. Public Works Environmental Division: Budget Amendment for FY2014 in the Amount of $50,000.00 for Water Quality Trading Program Feasibility Study De Weerd: We can do that with Mollie. Thank you. Mangerich: Good evening, Madam Mayor, Council Members. Mollie Mangerich, environmental division manager. I'm here this evening requesting a budget amendment for fiscal year '14 for 50,000 dollars for professional services to conduct a water quality trading feasibility study. Back on our April 9th City Council workshop we did a quite lengthy presentation to you, along with HGR, explaining our wastewater and NPEDS permitting implications. In that presentation we provided options to meet our new compliance requirements and you will remember that -- I know you will remember our strategic approach identified four areas to meet these new compliance requirements. These were treatment discharge options. The offset option. This is water quality trading option. And, then, we had the aquifer recharge option. So, tonight I'm bringing you one of those options, the feasibility focused on water quality trading feasibility study. This is an early design development study identified in our NPDES implementation plan. These near term support activities provided by this feasibility study will inform larger capital investment decisions and they could be potentially low cost relative to the treatment improvements that we are planning for our facility, the technical capital. The feasibility study is a necessary effort to gauge the opportunities, cost, and hurdles for our city to use nutrient credits for both phosphorous and ammonia, which have very strict requirements. I'd like to remind our Mayor and Council that by providing the discharge not only at municipalities, but their business industries, more flexibility to meet pollutant loading requirements, water quality trading, also incentivizes wider participation for those nonpoint sources, including agriculture, those who do not have to abide by a permit discharge. In most watersheds throughout the United States we recognize that most of the pollutant loading coming in for our surface waters is generated from a nonpoint source. For us to open up and engage in partnerships that are of benefit to those -- both of us will end in net environmental benefit down at the Snake River, Hells Canyon. For us to assess any benefit or logic to entering into a training credit, we want to get out of the gate early and start the feasibility study with the irrigation season. I stand for questions. Meridian City Council May 21, 2014 Page 61 of 69 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is a fast one. You mean our little carpet don't work anymore for strainers for the discharge? It was before your time. Charlie remembers that. Mangerich: I will research that. Bird: On the serious side, this -- I know that this isn't going to be the final study we are going to have on this, because our rules and regulations change all the time, but how long do you suppose this feasibility study -- is it a ten year program you think we can get by or are we going to be doing it every year or -- Mangerich: Feasibility studies by the written of its scope of work in the task order that result from it when approved -- will be within the fiscal year. We want to grab it on this to do the on -ground study and identify property owners. The type of pollutants, because of uses on fields, what that means in terms of the nutrients, like the phosphorus loadings and the ammonia loadings with that and that -- so that we can get out the door and we can start to guide that conversation with DEQ, so that we can set up the important things like what are the parameters of a trade credit? What's the shelf life of a trade credit? Recognizing the unique plumbing of the Treasure Valley and the agricultural origins, we need to be more flexible to provide for them, but provide for credibility and security for us. Bird: Thank you. Mangerich: You're welcome. De Weerd: Any other questions? Thank you, Mollie. Mangerich: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: If we don't have anymore questions or anymore conversation, I move that we approve the budget amendment for the amount of 50,000 dollars for a water quality retraining program feasibility study. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-H. Madam Clerk, will you call roll. Meridian City Council May 21, 2014 Page 62 of 69 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Ordinances A. Ordinance No. 14-1607: Repealing City Code Provisions Regarding Texting While Driving and Uncovered Loads De Weerd: Now I know why Jaycee Holman is not here tonight. Jones: She did it on purpose. De Weerd: Yeah. Okay. Madam Clerk, will you, please, read Item 10-A, Ordinance 14-1607 by title only. Jones: An ordinance repealing Meridian City Code Section 7-1-9, relating to texting while driving. Repealing Meridian City Code Section 7-1-13, relating to uncovered loads and providing an effective date. De Weerd: You have heard this ordinance read. I don't see anyone that wants to hear it further. Council? Rountree: Madam Mayor? Bird: Go ahead, Charlie. De Weerd: Mr. Rountree. Rountree: I move that we approve Ordinance 14-1607 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council May 21, 2014 Page 63 of 69 B. Ordinance No. 14-1608: Updates to Title 1, Meridian City Code De Weerd: Item 10-A is proposed -- or Ordinance 14-1608. Madam Clerk, will you, please, read this by title. Jones: Thank you, Madam Mayor. 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, providing for general penalty for violation, application, and liability of officers, amending Title 1, Chapter 8, Article A, Meridian City Code, regarding appointment, term of office, duties of the 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 policies, regarding city finances, repealing Title 1, Chapter 12, regarding joint building and planning and zoning department and fund and providing an effective date. De Weerd: You have heard this read by title. I don't see anyone who would like to hear it read in its entirety, so, Council, could I have motion to approve? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance 14-1608 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Ordinance No. 14-1609: Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled Persons De Weerd: Item 10-C is Ordinance 14-1609. Madam Clerk, will you, please, read this by title. Jones: An ordinance amending Meridian City Code Section 5-1-2138, authorizing fire chief to solicit assist from police and code enforcement officers in keeping fire lanes free Meridian City Council May 21, 2014 Page 64 of 69 from vehicles. Amending Meridian City Code Section 7-2-5A3H to regulate parking of unregistered vehicles on public streets. Repealing Meridian City Code Section 7-2-8, parking code enforcement, authorities, tickets and procedures. Adoption new provisions of Title 7, Chapter 2, Meridian City Code regarding parking in fire lanes, parking in spaces designated for persons with disability and parking code enforcement authority, tickets and procedures. Amending Meridian City Code Section 10-4-2 relating to amendments of 2012 International Fire Code Section 109.4 relating to violations, penalties and providing an effective date. De Weerd: Okay. Seeing no one wants to hear it read in its entirety -- Council Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve Ordinance 14-1609 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-C. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Ordinance No. 14-1610: Updates to Outdoor Sales and Temporary Uses Code De Weerd: 10-D is Ordinance 14-1610. Madam Clerk. Jones: Thank you, Madam Mayor. An ordinance amending Meridian City Code Section 3-4-2A5C, extending the time period for issuing or denial of a mobile sales unit license. Amending Meridian City Code Section 3-4-2A5D1. Authorizing the city clerk to deny incomplete mobile sales unit license applications within 30 days of receipt. Amending Meridian City Code Section 3-4-3A6H, allowing city clerk to designate personnel authorized to revoke temporary use permits and making failure to obtain required structural, mechanical, electrical or plumbing permits or inspection grounds for revocation. Adding a new section Meridian City Code Section 3-4-3C6A5C, allowing special events on nonresidential properties in residential districts. Amending Meridian City Code Section 3-4-3C3B to extend the time limit for promotional sales unit in the city core. Amending Meridian City Code Section 3-4-3A6C and 3-4-3A6F regarding notice of right to appeal denial of temporary use permit application. Amending Meridian City Meridian City Council May 21, 2014 Page 65 of 69 Code Section 3-4-4F regarding notice of right to appeal denial of citizens use permit applications and providing an effective date. De Weerd: I really don't think anyone wants to hear this one read in entirety. Bird: I was going to say, was that all the ordinance. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 14-1610. Milam: Second. Bird: With suspension of rules. Milam: Oh, sorry. De Weerd: Second agrees? Milam: Second agrees. De Weerd: Okay. I have a motion and a second to approve Item 10-G. Madam Clerk, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. E. Ordinance No. 14-1611: Historic Meridian Special Events Code De Weerd: Item 10-E is Ordinance 14-1611. Madam Clerk. Jones: Amending Meridian City Code Section 3-4-1, adding definitions of city service and historic Meridian special event, Meridian City Code Section 3-4-3C6B3B regarding waiver of cost for city services provided to support historic Meridian special event and providing an effective date. Rountree: If you put that to music you would have a nice little -- De Weerd: It would be more entertaining for Ralph, too. Do you want to hear this one? No? Bird: Madam Mayor? Meridian City Council May 21, 2014 Page 66 of 69 De Weerd: Mr. Bird Bird: I have got a question before I make a motion. This -- this is the one that we spend three hours debating, but is -- Bill, should we wait until we have worked out and see about this year before we pass this and not -- or will we -- if something changes, then, will we have to come back and -- because we can run this year's program without this, can't we? Nary: Madam Mayor, Members of the Council, Council Member Bird, this won't affect Bird: Okay. Nary: -- the current one either way. Bird: Okay. That's -- Nary: It just clarifies why those costs are being expended in this current year as well for the things other events have to pay for. Bird: But in the same token we want -- we might want to take a hard look and make sure that taxpayers aren't covering unnecessary expenses that the participants -- or the people that are putting it on are covering some expenses. Nary: And -- certainly. And all this says is what city services are and that the city is not charging for the city services that they are providing. It doesn't require they provide it. Bird: Okay. Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: With that I move we approve Ordinance No. 14-1611 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-E. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. F. Ordinance No. 14-1612: An Ordinance (AZ 14-004 Amberwave Subdivision) For Annexation And Rezone Of A Parcel Of Land Meridian City Council May 21, 2014 Page 67 of 69 Located In The Northwest'/4 Of Of The Northeast'/4 Of Section 36, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-15 (Medium High Density Residential District); And Providing An Effective Date De Weerd: Item 10-F is Ordinance 14-1612. Madam Clerk. Jones: Thank you, Madam Mayor. An ordinance AZ 14-004, Amberwave Subdivision, for annexation and rezone of a parcel of land located in the northwest one quarter of the northeast one quarter of Section 36, Township 4 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT, R-15, Medium High 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. De Weerd: You have heard this read by title only. Is there anyone who would like to hear more? Milam: Hearing none, Madam Mayor? De Weerd: Yes. Milam: I move that we approve Ordinance 14-1612 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-F. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Before I ask for a motion to adjourn into Executive Session; just to make note of the invitation in front of you for Public Works Week and I guess I'd ask Clint if you would have these available for our meeting tomorrow with Ada County Highway District to make a special invitation to them as well. Meridian City Council May 21, 2014 Page 68 of 69 Dolsby: Madam Mayor, Members of the Council, yes, I will make sure we make those available for the meeting tomorrow. Item 11: Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency De Weerd: Okay. Thank you so much. Council, 11-A is Executive Session. Do I have a motion? Bird: Madam Mayor? De Weerd: Yes. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:35 p.m. to 9:48 p.m.) De Weerd: Could I have a motion to come out of Executive Session. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics Meridian City Council May 21, 2014 Page 69 of 69 De Weerd: Item 12 is new topics. Any new topics? Bird: I have none. Milam: No. De Weerd: Okay. I would entertain a motion to adjourn. Milam: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:48 P.M. (AUD�CORDING�,X THESE PROCEEDINGS) / 3 / lLi MAYO tAWY DE WEERD DATE APPROVED CITY CLERK �E ID N-iONNO m r SEE1I. f� f VP R °�Ide i0.E A`+�R Changes to Agenda: None Item #8A: Knighthill Center (FP -14-020) Application(s): ➢ Final Plat Location: The site is located on the southwest corner of N. Linder Road and W. Chinden Boulevard. Summary of Request: The applicant requests final plat approval consisting of 5 commercial lots on approximately 9.11 acres of land in the C -G zoning district. The proposed final plat is in substantial compliance with the approved preliminary plat. The applicant has submitted written testimony and agrees to adhere to all conditions of approval. Written Testimony: Scott Stanfield (in agreement w/staff report) Staff Recommendation: Approval Item #86 & C: Center Community Subdivision (PP -14.004 and MDA -14) Application(s): ➢ Preliminary Plat and Development Agreement Modification Size of property, existing zoning, and location: This site consists of 6.77 acres of land currently zoned R-15, located on the north side of Chinden Blvd, east of S. Ten Mile road. Summary of Request: The applicant requests approval of a preliminary plat consisting of 6 single-family residential building lots and 2 common/other lots on 6.77 acres of land in the R-15 zoning district for Center Community Subdivision. A DA modification has also been submitted to modify the approved concept plan to allow for a reduction of the originally approved Community Center amenity. Commission Recommendation: Recommended approval at the April 17th hearing. a. Summary of Commission Public Hearing: i. In favor: Barry Semple ii. In opposition: None iii. Commenting: Sarah Bachmer, Robert and Gail Bacon iv. Written testimony: None b. Key Issue(s) of Discussion by Commission: i. Pool amenity. c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Size and appropriateness of the pool facility. Written Testimony since Commission Hearing: Bob and Gail Bacon, in opposition to the pool facility. Notes: Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: PROCLAMATION Proclamation for Mountain View Girls Softball State Champions Day 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 21, 2014 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: PROCLAMATION Proclamation for Mountain View Rugby State Champions Day 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 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: APPROVE MINUTES OF MAY 6, 2014 Approve Minutes of May 6, 2014 City Council Meeting MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council May 6, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 6, 2014, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Sonya Watters, Jamie Leslie, Perry Palmer, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd De Weerd: Good evening. I will go ahead and start tonight's meeting by first welcoming you all to the Meridian City Council meeting and let you know we appreciate having you here. For the record it is Tuesday, May 6th. It's 6:00 p.m. I will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Bob Athay with the LDS Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Bob Athay with the LDS church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Athay: Our Father in Heaven, as we come before thee this evening in this City Council meeting, we thank thee for the liberty which we enjoy, for the ability that we have to meet together to discuss the affairs of our local government and for our society and community. We thank thee for the men and women who serve in the military and also the first responders. We pray for their protection that they will be protected as they serve us. We thank thee again for the liberties which we enjoy and we pray that we will be able to work together to preserve these liberties and freedoms for our generation and also for future generations. We pray now, Father, that we can open this meeting with thy blessing and we do so in the name of Jesus Christ, amen. Meridian City Council May 6, 2014 Page 2 of 66 De Weerd: I would like to offer you a City of Meridian pin for leading us today. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I have some additions to the agenda that I'd like to note. Item 5 -HH, the proposed resolution number is 14-986. 5 -II the resolution number is 14-987. And JJ the proposed resolution number is 14-988 and 5 -KK the proposed resolution number is 14-989. 7-A the applicant has requested that item be withdrawn from the agenda. On Items 9-A the proposed ordinance number is 14-1603. And 9-B the proposed ordinance number is 14-1604. And Item 11 has been requested to be amended to the agenda for an Executive Session per Idaho State Code 67-2345, paragraph (1)(c) and (1)(f). And with those modifications and additions, Madam Mayor, I move that we approve the agenda. Milam: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. I think that was all ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of April 15, 2014 City Council PreCouncil Meeting B. Approve Minutes of April 15, 2014 City Council Meeting C. Approve Minutes of April 22, 2014 City Council Meeting D. Police Department: Dog Licensing Agreement Between the City of Meridian and The Pet Doctor E. Award of Agreement for "Architectural and Engineering Design Services - Storey Park Development" to Insight Architects for the Not -To -Exceed amount of $89,390.00. F. Approval of AIA C132 Standard Form Agreement for Construction Management Services for the Storey Park Meridian City Council May 6, 2014 Page 3 of 66 Development Project for the Not -To -Exceed amount of 5.25% of the construction cost, which is estimated to be $1,455,000.00. G. Approval of Task Order 10055 for "Wastewater Treatment Plant - UV Disinfection System Expansion Phase 1 Design" to CH2M Hill Engineers, Inc. for the Not -To -Exceed amount of $191,571.00 H. CableONE Movie Night in Meridian 2014 Single -Night Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -to -Exceed Amount of $350.00 I. FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty - Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts J. FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District K. Findings of Fact, Conclusions of Law for Approval: PP 13-043 Summerwood Subdivision by Kent Pintus Located at 4202 and 4052 W. Daphne Street Request: Preliminary Plat Approval Consisting of Thirty (30) Single Family Residential Building Lots and Four (4) Common/Other Lots on Ten (10) Acres of Land in an R-4 Zoning District L. Findings of Fact, Conclusions of Law for Approval: AZ 14-003 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Annexation of Approximately 1.49 Acres from RUT in Ada County to the R-15 (Medium High Density Residential) Zoning District M. Findings of Fact, Conclusions of Law for Approval: PP 14-001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Preliminary Plat Approval Consisting of 121 Single Family Residential Lots and 19 Common Lots on Approximately 21.71 Acres in an Existing and Proposed R-15 Zoning District Meridian City Council May 6, 2014 Page 4 of 66 N. Findings of Fact, Conclusions of Law for Approval: PUD 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley Loaded Lots to Allow for Exemplary Design O. Findings of Fact, Conclusions of Law for Approval: MDA 14- 001 Heritage Grove by Tucker Johnson Located Northwest Corner of N. Locust Grove Road and E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family P. Findings of Fact, Conclusions of Law 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. and Two (2) Common/Other Lots on 11.8 Acres of Land in an R-15 Zoning District Y. Final Order for Approval: FP 14-014 Paramount Subdivision No. 26 by SCS Brighton, LLC Located Northeast Corner of N. Linder Road and W. McMillan Road Intersection Request: Thirty -Two (32) Building Lots and Two (2) Common/Other Lots on 8.39 Acres of Land in the R-8 Zoning District Z. Final Order for Approval: FP 14-012 Ambercreek No. 2 by Trilogy Idaho Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Final Plat Approval Consisting of Fifty -Four (54) Single Family Residential Building Lots and Two (2) Common Lots on 10.58 Acres of Land in an R-8 Zoning District AA. Final Order for Approval: FP 14-017 Gramercy Heights Subdivision No. 1 by The Westpark Company, Inc. Located South of E. Overland Road and West of S. Eagle Road on E. Griffon Street Request: Final Plat Approval Consisting of Six (6) Building Lots on 1.01 Acres of Land in the R-15 Zoning District BB. Final Order for Approval: FP 14-016 Casa Bella Subdivision by Providence Properties, LLC Located 5555 N. Locust Grove Road Request: Final Plat Approval Consisting of Twenty -One (21) Building Lots and Four (4) Common/Other Lots on 14.69 Acres of Land in the L -O and R-8 Zoning Districts Meridian City Council May 6, 2014 Page 5 of 66 CC. Development Agreement for Approval: AZ 13-012 Sagewood Subdivision by Sagewood Overland„ LLC Located on the South Side of W. Overland Road Approximately 650 Feet West of S. Stoddard Road. Request: Annexation of Approximately 16.34 Acres from R1 and RUT in Ada County to the L -O (Limited Office)(5.02 acres) and R-8 (Medium -Density Residential)(11.32 acres) Zoning Districts. DD. Development Agreement for Approval: AZ 13-016 Southern Highlands Subdivision by BHH Investments I, LLC Located South Side of E. Amity Road West of S. Eagle Road and North of E. Taconic Drive Request: Annexation and Zoning of 126.27 Acres of Land with an R-4 Zoning District EE. Development Agreement for Approval: MDA 14-002 Da Vinci Park by CS2, LLC Located Southwest Corner of N. Locust Grove Road and E. McMillan Road Request: Amendment to the Development Agreement to Allow a Mix of Single Family Attached and Detached Lots Instead of all Attached Lots and Update the Conceptual Development Plan FF. Development Agreement for Approval: MDA 14-003 Kennedy Commercial Center by Derk Pardoe Located North Side of W. Overland Road and West of S. Stoddard Road Request: Amend the Recorded Development Agreement (DA) (Instrument #108119853) for the Purpose of Excluding the Property from the Recorded DA and Incorporating a New Concept Plan and Building Elevations Consisting of Office, Retail and Multi - Family Residential into a New DA GG. Development Agreement for Approval: MDA 13-025 Centre Point Square by Centre Point Square, LLC Located West of N. Eagle Road and South of E. Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family HH. Resolution No. 14-986: VAC 14-002 Reardon Subdivision by CS2, LLC Located Southwest Corner of W. Cherry Lane and N. Summertree Request: Vacate the Private Drain Field Easement on Lot 2, Block 1 and Note #6 Platted with the Hearthstone Subdivision II. Resolution No. 14-987: VAC 14-003 Jayker No. 1 (Lots 15 & 16, Block 11) by The Club at Spurwing LLC Located North of Chinden Boulevard and East of N. Jayker Way Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Meridian City Council May 6, 2014 Page 6 of 66 Irrigation (PUDI) Easement Along the Shared Lot Lines of Lots 15 and 15 AND Lots 16 and 17, Block 11 Platted with Jayker Subdivision No. 1 JJ. Resolution No. 14-988: A Resolution of the Mayor and Council of the City of Meridian Authorizing the City Clerk to Destroy Certain Semi -Permanent and Temporary Records of the City Clerk's Office KK. Resolution No. 14-989: Resolution Extending The Cooperative Construction And Reimbursement Agreement With JLJ Enterprises And The City Of Meridian Entered Into On Or About March 10-12, 2009 Bird: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda, Item 5, with all the previously approved additions. Milam: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Continued from April 15, 2014: FP 14-015 Whitebark Subdivision No. 1 by T&M Holdings Located 2135 E. Amity Road Request: Final Plat Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning Districts Meridian City Council May 6, 2014 Page 7 of 66 De Weerd: So we will move into Action Items. Item 7-A the applicant has requested to withdraw this application. I will entertain a motion at this time. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we remove Item 7-A from the agenda. Bird: Second. Milam: Second. De Weerd: I have a motion and a second to remove Item 7-A from the agenda and accept the applicant's request for withdrawal. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District De Weerd: Item 7-B, Council, is final plat 14-019. The applicant has agreed with the staff report. We got that in after this was printed. Staff, anything further on that? Watters: Nothing further, Madam Mayor. De Weerd: Okay. Council, any questions? 1:31Ta■�ifrlait.7it� Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how nobody has no questions, I move that we approved FP 14-019. Meridian City Council May 6, 2014 Page 8 of 66 Milam: Second. De Weerd: I have a motion and a second to approve Item 7-B. if there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat De Weerd: Item 7-C is a public hearing on TEC 14-005. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a time extension on the preliminary plat for Browning Plaza Subdivision. This site consist of 38.21 acres of land. It's currently zoned C -G and is located on the south side of West Waltman Lane, north of 1-84, approximately a quarter mile west of South Meridian Road. The applicant requests approval of a two year time extension on the preliminary plat for the Browning Plaza Subdivision in order to obtain the city engineer's signature on the final plat. This is the third extension requested by the applicant. The preliminary plat consists of 40 building lots and two common area lots on 38.21 acres of land. Shawn Nickel submitted written testimony on this application in agreement with the staff report. Staff is recommending approval. However, as with all extensions, the Council may require the preliminary plat to comply with current provisions of the UDC. Therefore, staff is recommending approval with the condition the applicant revise the development plans to comply with the 2013 addition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. That's all staff has, if the Council has any questions. De Weerd: Council, any questions? Rountree: I have none. Bird: I have none. De Weerd: Okay. Applicant have any comments? Can't hear me? I'm sorry. I will talk louder. Most people say I talk loud enough. Okay. Is the applicant here this evening? Meridian City Council May 6, 2014 Page 9 of 66 Do you have anything you would like to add? This is a public hearing. Is there anyone who would like to provide testimony on this item? Council, do you have any questions for staff or applicant regarding this time extension request? Rountree: I have none. Bird: I have none. De Weerd: If there is nothing further, I would entertain a motion to close the public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on TEC 14-005. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: FIVE AYES. ONE ABSENT. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve TEC 14-005 and to include all staff comments and conditions. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-C. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. D. Public Hearing: AZ 14-001 Ten Mile Center by Treasure Valley Investments, LLC Located South of W. Franklin Road on the East Side of S. Ten Mile Road Request: Annexation and Zoning Meridian City Council May 6, 2014 Page 10 of 66 of 120.69 Acres of Land with the R-8 (13.23 Acres), TN -C (26.11 Acres) and C -G (81.35 Acres) Zoning Districts De Weerd: Item 7-D is a public hearing on AZ 14-001. 1 will open this public hearing and ask for staff comments at this time. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for annexation and zoning. This site consists of 120.69 acres of land, currently zoned RUT in Ada County, and is located on the east side of South Ten Mile Road midway between 1-84 and West Franklin Road. The application proposes to annex and zone the site as follows: 81.35 acres of land located in the lifestyle center, consisting of 63 acres. High density residential, which is consisting of 15 acres and medium high density residential, which is approximately 1.5 acres and they are proposing to annex that with a C -G zoning district. And, then, 14 and a half acres located in the high density residential and medium high density residential designated areas to TN -C. And 11.5 acres located in the medium density residential designated area to TN -R and 13.23 acres located in the medium density residential designated area to R-8. You can see on this map here the colored one is the future land use map with the designations I just spoke of and, then, down below is the proposed zoning. It shows how it coincides with the future land use map. A conceptual development plan was submitted that depicts a future street layout for the site consistent with the transportation plan for this area. However, no building pads, parking, or future uses are shown on the plan. Residential uses up to eight dwelling units per acre, excuse me, are proposed to develop in the R-8 district. A minimum of 95 residential units are proposed in the TN -R district in addition to other uses as allowed in the zone. And a minimum of 300 residential uses are proposed to develop in the C -G and/or the TN -C zoned areas combined. The C -G area is this color right here, if you can make it out on that. TN -C, TN -R, and R-8. Conceptual building elevations were not submitted with the annexation request. Future development of this site, including structures, should be consistent with the provisions of the UDC, the Meridian design manual, and the design elements contained in the Ten Mile plan. Further details of those design elements are included in the proposed development agreement provisions listed in Exhibit A-6 of the staff report. A multi -use pathway is required across the site connecting Peregrine Elementary to Ten Mile and Franklin Roads in accord with the master pathways plan as shown. The Commission heard this request for annexation and zoning and is recommending approval to the City Council. Summary of the Commission hearing. Eric Davis and Becky McKay testified in favor of the application. In opposition Jeanette Ockerman was speaking for a group. Dennis -- apologies if I don't pronounce your name right -- Garrison, Don Downum, Cindy Atwood, Ron Hohnstein, Jennifer Johnson, Margaret Moser, Christine Lambing, Steve Osborn, John Mabitt, Doug Thompson and Angie McNulty all testified in opposition. Sarah Weekes commented. Written testimony was received from Jim Wolf, Jerry and Kay Sowards, Jeanette Ockerman. A petition signed by adjacent residents in opposition to the high level of residential density and access to Waltman Lane. Craig Downum, John Downum, John Osborn, Maggie Weekes, Margaret Moser and Dave Dansereau. Key issues of discussion by the Commission were the traffic impacts on the adjacent rural residential neighborhood and roads at the Meridian City Council May 6, 2014 Page 11 of 66 southeast corner of the site. Concern regarding the potential for 300 dwelling units to develop in a TN -C district versus spread out over the TN -C and C -G districts. They were concerned about the wording in regard to those issues of DA provision 4.1.6 -- Exhibit A-6. The impact of additional residential dwellings in this area on the school system and the importance of creating a transition and compatible uses at an appropriate scale adjacent to existing residential properties. Two commission changes to the staff report. They voted to modify conditions 4.1.14 and 4.1.6 as requested by the applicant as shown in Exhibit A-6. There are no outstanding issues for Council. Written testimony received since the Commission hearing was received from Gary and Kay Fords and Jeanette Ockerman with a petition. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: I have none. Rountree: Not right now. De Weerd: Okay. As we enter into the public hearing part of it, the applicant will give their presentation. They have ten minutes. And, then, we will open it up for public testimony. Three minutes each. If you speak on behalf of a group -- usually it's an HOA or others defer their time to you, that will be six minutes. So, we will go ahead and ask if the applicant would like to come forward. Davis: Madam Mayor. De Weerd: Good evening. If you will, please, state your name and address for the record. Davis: I'm Eric Davis. Retail West Properties. 199 North Capital Boulevard, Suite 300, Boise. De Weerd: Thank you. Davis: Madam Mayor. Council. I stood here maybe in the old building about 12 years ago and -- with Mike Ballantyne and we presented an offer for five million dollars to get this Ten Mile interchange kicked off and it proved out to be successful and took off and did a project in Tucson and come back helping Treasure Valley Investments with this project. But during that period of time I was able to meet a lot of the neighbors, a lot of the property stakeholders right around the project who understood the diverse nature of all their interests, farmers and ranchers and investors and -- and as the Ten Mile interchange got approved I participated in some of the planning with HGR on the specific plan and through what Meridian has done to organize and direct its efforts and guide the development, because with all of the diverse interests a plan is needed and we have -- you know, we find value in it. It conveys an expectation in professional terms that is way above and beyond what we can do ourselves. We need the backbone Meridian City Council May 6, 2014 Page 12 of 66 of the jurisdiction. It emphasizes density, multiple uses, sustainability, quality of design, and we can actually take this plan and give it to a tenant, a retailer, or whoever might come our way and say here is what we expect -- you know, you have to do at least this much and however you configure yourself, you know, pay attention. So, we are ready to go out and find what comes our way. This zoning and annexation will allow us to do that. It's a unique opportunity. In fact, if you think about it, with the three owners that are there today with Treasure Valley Investments, Brighton, and Cal -Non, there is probably 250, 300 -- over 300 acres and only three owners and this will be the -- this transition will be the -- will be the 250 zone -- or acres rather of commercial zoning. And I don't know if it's a fact, but I think it's probably the largest contiguous commercially zoned piece of property between Seattle and Salt Lake City on a freeway with a market like ours. So, it's significant what we are about to do and we don't have any debt on the property. We don't have to go out and sell a pad to McDonald's to make an interest payment to the bank. We are able to be patient, work -- make our plan, work our plan and we are not asking for the plat or a plan approval, because we, quite frankly, don't have that lead tenant, the bell cow tenant, the major corporate, whoever it might be, but we have high hopes and high expectations. So, I'd like to just introduce our team. In fact, tonight we have Mirazim Shakoori with Treasure Valley Investments, who is in from out of town, and he's owned the land for 12 to 15 years. Deb Nelson with Givens Pursley and, then, Becky McKay with Engineering Solutions will follow up and finish the rest of this presentation. Thank you. McKay: Becky McKay with Engineering Solutions. Business address 1029 North Rosario, Meridian. De Weerd: Thank you. McKay: I didn't think you guys would move through the agenda that fast. I had Boise City Council tonight also and so I had to get Sheri ready for -- so, it took me a little bit. Thanks for your patience. I have been working on this particular project with Eric Davis and with Mirazim and Deb Nelson. Initially they came to me and they -- they indicated that the Brighton project to the south and the Brighton project to the north were proceeding forward and their parcel was right in between this and they hadn't taken any time to look at how these roadways were going to work, how it was going to impact them. ITD was asking for collector easements that would benefit this whole section and that they couldn't stand by and do nothing, they had to, obviously, look at some long range plans, so that as part of development of this section as indicated in the Ten Mile specific area plan that this transportation system would be established and as you well know with what transpired to the west of Ten Mile, all the properties unique to this area are contingent of development of these collectors. So, Mirazim wanted to have -- he had CHSQA, he had us look at it, meet with the staff and we had a long kind of evolutionary process in figuring out, okay, based on that Ten Mile specific area plan, based on what's happening around us, what is a good fit on this particular piece of property and what can we do so that he has the ability to dedicate these right of ways if asked, when required by adjoining properties to -- to build these, but yet not compromise the future development of this property. So, we worked with the staff to Meridian City Council May 6, 2014 Page 13 of 66 come up with kind of a composite based on the designation. We had, obviously, the lifestyle center that was in the original land use designation was on this property. Well, the complexity that was kind of thrown -- or the curve ball that was thrown to Mirazim was when Brighton came through with their particular project, Ten Mile Creek to the south of us, they asked the Council to evaluate that land use map that's attached to the Ten Mile specific area plan and remove the lifestyle center, which overlapped onto Brighton significantly. The Council went ahead and they approved commercial designation on that land use map. So, what it left on this particular property was a half of a lifestyle center. So, working with the staff they understood the difficulty and what we were struggling with and we found the compromise and so the staff said, well, let's -- let's have C -G, we will transition into TN -C or transition to TN -R and, then, R-8 and we believe that these zoning designations and these annexations fit the Ten Mile area specific plan and comply and make sense based on the changes that have taken place since 2007. So, that's exactly what we did. We -- we worked -- we had neighborhood meetings with the adjoining properties and one of the other complexities of this parcel is the fact that we have an estate county subdivision on our southern boundary. So, obviously, their concern was traffic, transitioning and how this particular development would affect them. We explained the Ten Mile plan and, you know, for the single family dwelling out in that particular area, they weren't real versed in what had transpired, but they did admit this makes sense and we see that, you know, the City of Meridian and ITD have spent 32 million dollars on that Ten Mile interchange and so, obviously, commercial development will take place. Now, as far as how that takes place, you know, they, obviously, want an input. I -- after the neighborhood meeting they gave me all of their comments on the transportation. There is an existing elementary school within their neighborhood that -- that accesses out to Linder Road and they talked about the fact that their street of Waltman bears all that burden of traffic. So, I typed up all of their transportation concerns. I sent that over to ACHD and said, you know, these -- these are some of the concerns of the adjoining neighborhood. ACHD came back and indicated, you know, as far as the traffic on Linder, it's light, the fact that it dead ends into the freeway. As far as Waltman and capacity, obviously, the peak hours are when the school -- school kids and their parents and doing drop offs and when they are doing pick up. I did go out, I did drive around the neighborhood during -- when the kids got out of school, so I could -- I could see exactly what kind of volume was taking place, what kind of stacking were we seeing out their along Waltman and Linder and it -- it did not appear to be heavy to me, you know, you had ten, 12 cars backing up all along Waltman -- De Weerd: Please, I'd ask you to be respectful. McKay: So, ACHD, when we bring in a specific design, has indicated they are going to ask for inner connectivity. They believe that the internal collector roadways that we will construct will benefit and provide secondary access to this area, whereas Linder just comes in and dead ends. So, they believe it would be of benefit and will alleviate some of the traffic issues. De Weerd: Becky, you need to wrap up. Meridian City Council May 6, 2014 Page 14 of 66 McKay: Does Council have any questions? De Weerd: Council, any questions at this point? Bird: I have none. De Weerd: Okay. Thank you. McKay: Thank you. De Weerd: Okay. I do have a list and when I call your name I will indicate what you signed up, in favor or against, and if you would like to provide testimony at that time I would invite you forward. Jeanette Ockerman signed up against. Good evening. If you will, please, state your name and address for the record. Ockerman: I'm Jeanette Ockerman. 2070 West Waltman, Meridian, Idaho. De Weerd: Thank you. Ockerman: I have a presentation from myself and my neighbors and I would respectfully ask for the ten minutes given to the applicant and the ten minutes we had at the zoning meeting, so that I can give you the presentation. De Weerd: Can I ask who are you speaking on behalf of so the -- and if they defer their time to you. Okay. Ockerman: Okay. So, we are here to speak in opposition to the current zoning and these are our reasons why. We feel that the TN -C and TN -R zones have been moved from the land designated for their use on the future land use map to a medium density residential area, causing the loss of 17.2 acres of medium density residential to the TN -R and TN -C zones, which will negatively impact our existing neighborhoods, roads and schools due to the loss of that medium density area. We are also concerned about the lack of a conceptual plan, insufficient transitional zoning details to the adjacent neighborhood and the lack of specific locations for those 300 residential units in the TN -C and C -G areas. This is your Ten Mile interchange map. On that original plan there was almost equal distribution between the commercial and residential areas, 63.3 acres were commercial and 55.8 were residential. Twenty-five percent of the area was stable medium density neighborhood anchoring that east side adjacent to the existing neighborhoods. So, all of that area in yellow is medium density east of that second collector road. The proposed zoning asks for 95.69 acres or almost 80 percent of the land go to a commercial use with this C -G and the TN -C zones, with a small 13.23 acres of medium density residential or only ten percent of the area. In your proposed -- in your future land use map the TN -C definition is the same as a lifestyle center and we feel it belongs out where the lifestyle area was. The TN -R is more compatible with the high density and medium high density areas. Putting the TN -C and TN -R zones where Meridian City Council May 6, 2014 Page 15 of 66 they belong on the map would allow the medium density to stay at 30.4 acres and retain compatibility and reduce the impact on our adjacent neighborhoods and roads. So, if you will just look briefly at the map, the yellow is the medium density in the Ten Mile interchange map and, then, when you look at the applicant's map everything to the right of that second new road is TN -C, TN -R and R-8. You can see the difference from a medium density to those three other zones and that's concerning to us. A traditional neighborhood center is to serve the focal point of a neighborhood, so why is this TN -C being put back in a residential area when there was over 60 acres of land for that purpose on your Ten Mile interchange map? Single family homes are not permitted in a TN -C, but they are going to be next -- the TN -C is going to be next to an R-1. So, how is that zoning going to transition? And this is a picture of a TN -C from your website. That's concerning to us that that's going to be next to our rural neighborhood. Then there is the 300 residential units that are being spread across the TN -C and C -G zone. They don't have a definitive location or a conceptual plan so that we can see that the majority don't end up in a TN -C right next to us. Residential is not a permitted use in the C -G zone. Those 300 residential units would be the equivalent of 15 acres of high density residential at 20 units per acre. Again, this picture is a TN -C off your website. This is not what we want next to our properties. We feel that this is more appropriate closer to Ten Mile. Then there is the TN -R, which averages 12 units per acre, with a maximum of 15. A TN -R is twice the density of an R-8 or medium density residential. We feel like it's not compatible next to an R-1 neighborhood and, again, that those transitions have not been addressed. You see the TN -R off your website again, compared to our neighborhood at the bottom. In your Ten Mile specific area plan -- and I quote from page 3.4: The land use framework promotes more intense use around major corridors and transit and lower density development closer to existing neighborhoods. Citywide objectives are to concentrate the commercial and higher density residential developments in areas with the highest transit -- highest transit capacity and conserve the scale and character of existing single family neighborhoods. That's what we are asking you to do. On your plan it says medium density residential areas are characterized by relatively low densities and a predominance of single family homes. Large apartment buildings and apartment complexes are not compatible. These areas should be protected from encroachments of higher density and higher intensity uses. The TN -R and TN -C zones are encroaching on that 30.4 acres of medium density residential on your map. If you look at the zoning all around that school, all that area in yellow is an R-4. Keeping that 30.4 acres of medium density just west of the school would maintain the integrity of those R-4 and R-1 neighborhoods. It would create another stable and secure neighborhood next to our school. It would help create that sense of community that Meridian wants. It would provide a transition to adjacent Primrose Subdivision and reduce the traffic on Waltman and Lilac roads and it would be consistent with your plan. The road dividing the TN -R and the TN -C flows directly into Waltman and Lilac lanes. The commercial and higher density residential will directly access our subdivision. It has the potential for two to three times the level of road usage due to the change from 30 acres of medium density to that higher density TN -C and TN -R. That's a concern. The TN -C and TN -R zones were intended to be in other areas of your map. The traffic created by their use would, then, be handled by the main roads. There is a high density residential and commercial area just west of that Meridian City Council May 6, 2014 Page 16 of 66 second main arterial road and that would encourage the traffic to flow north and west and away from our area instead of into it. Right now 1,089 is the average daily traffic on Waltman Road -- actually, that was in 2011, three years ago. They say capacity is 2,000 cars per day. Peregrine Elementary does create traffic problems before and after school and we believe that will be worse if you add those higher densities at the end of the road. Current enrollment at the school is 600. Capacity is 700. Half of the students are in the walking zone. Of the 300 students who could walk most are driven by their parents, according to the principal. Two hundred students could be added to the school due to the zoning and the increase -- increasing our traffic problems. For whatever reason the kids who walk are driven to school and we believe that will continue and it's going to only get exacerbated. Putting the TN -C and TN -R at the end of Waltman will increase our traffic. Not only from the new development and the zoning, but the existing neighborhood on the east. That TN -C zone is going to attract those neighborhoods east of Linder to use Waltman as an access road to that commercial district with the restaurants, the retail, and the entertainment they are going to want to cut through our neighborhood to get to that, as well as to get to the interchange. So, our critical issues, to repeat, that the medium density was reduced from 30.4 acres to 13. A loss of 17. It went from 25 percent of the land to just over ten. The lifestyle and commercial areas now account for 95.69 acres or almost 80 percent of the land, where before they were just over half. The loss of that stable neighborhood, 30.4 acres were single family homes that promote home ownership. The lack of compatibility with the existing neighborhoods and the inconsistency with your land use map in relation to the TN -C and TN -R, their zones and their location and the excessive traffic on Waltman and Lilac causing a negative impact on the Primrose Subdivision and increasing safety concerns due to those zones. The insufficient transitional zoning details, especially in regard to those 300 units and the fact that there is no conceptual site plan to let us know what they are going to do or how things will transition. So, we are recommending three things before you approve this plan. First, you require those 30 acres be designated medium density, to maintain that land use on your plan, to maintain consistency with the neighborhoods, protect against encroachment and reduce traffic and safety problems due to road access. Second, there will be more specifics in transitional zoning with the R-8 and R-4 bordering our land, limited to single family homes and requiring a privacy buffer between the existing homes and the new development, including fencing and green space. And, finally, address access to Waltman and Lilac by moving the TN -C and TN -R zone to their designated areas on your future land use map due to the average effect that traffic will have on the zones in our rural neighborhood and for safety reasons, including student safety. And I just want to point out that Brighton on the north is 45 acres, they were able to get commercial, TN -C and a high density residential. So, why can this applicant not have a better transition before they hit at 30 acres of medium density? We believe it can be done. So, in conclusion we as residents are not opposed to development and growth in the Ten Mile area. We are opposed to the current level of zoning adjacent to our neighborhood. We feel there is room to compromise to meet the needs of the neighbors and the developers alike and we are asking you to, please, reject the current zoning application in favor of a plan that more closely aligns with the location of the land designations on your future land use map. And that's all I have. Are there any questions? Meridian City Council May 6, 2014 Page 17 of 66 De Weerd: Thank you. Council, any questions? Rountree: No. I have none. Ockerman: Thank you. De Weerd: Thank you. Dennis Ockerman signed up against. I figured you probably did. It was an assumption. Olin Anderson signed up against. Thank you. Carol Anderson signed up against. Darlene Vineyard signed up against. Okay. Thank you. Tonya -- thank you. Thank you. She also signed up against. Sharon and Gary Osborn. Okay. Good evening. If you will, please, state your name and address for the record. Osborn: Sharon Osborn. 2030 West Waltman, Meridian, Idaho. De Weerd: Thank you. Osborn: My husband and I feel that a more appropriate transition between the now existing Whitestone and the more rural Primrose Subdivision should be made in connecting this new neighborhood to the existing neighborhoods as outlined on the city's Comprehensive Plan from 2007. That plan seems to be much more appropriate for our neighborhood and an appropriate transition. A TN -C and TN -R zoning, which are for commercial and medium high density residential, at the end of Lilac and Waltman Street are totally incompatible for our now rural neighborhood. We aren't opposed to the development of the Ten Mile area, but we don't want to be impacted by high density residential. We would like to see single family homes in that area. Thank you. De Weerd: Thank you. Rountree: Madam Mayor, I have a question. De Weerd: Sharon. Osborn: Yes. De Weerd: We have a question. Mr. Rountree. Rountree: Could you point out -- and maybe you can help -- the two subdivisions you mentioned on -- in this map that's showing -- Osborn: Well, let's see. That's -- that is the Primrose and Whitestone is off from Linder. Rountree: Okay. All right. Thank you. Osborn: Okay. Meridian City Council May 6, 2014 Page 18 of 66 De Weerd: Doug Thompson signed up against. Okay. If you will, please, state your name and address for the record. Thompson: Doug Thompson. 1846 West Greenhead. De Weerd: Thank you. Thompson: Madam Mayor, Members of the Council, I want to say, first of all, I appreciate all the work that everybody has done on this. This is -- I came over yesterday and talked to some folks in the planning department and was given their brochure. I don't know what else to call it. A stack of papers it was -- I appreciate all the effort that's gone into this. I was involved to some degree on the initial planning for this years ago when months and months and months and months went into making this master plan and I would ask the Council to consider this change as a violation of the integrity that the people of Meridian placed in you people when we approved that original plan the way it was laid out as was drawn up by the gal who spoke here a few minutes ago. I think that it's important in this master plan that we stick to it. It laid out a plan that the people of Meridian liked. There was a lot of work went into that and I don't really feel that there is any need to change that and deviate from that master plan and I'm not involved in community politics, so you will have to forgive me. I hope whoever represents this area really takes a hard look at this, because it's important that we -- that we stick to the original plan. It was approved and everybody felt good about it. That's all I have got. De Weerd: Thank you. Thompson: Thanks. De Weerd: Joel -- I can't read your printing, but I know it's Joel. Signed up against. Thank you. Michael Anderson signed up against. Thank you. Yvette Anderson also signed up against. Dawn Downum signed up against. Craig Downum signed up against. Okay. Good evening. If you will, please, state your name and address for the record. Downum: My name is Craig Downum. 1715 Waltman. De Weerd: Thank you. Downum: I agree with everything that Jeanette said. The density is -- it's obvious on the map. It puts the density way down towards the end, which is going to affect Waltman regardless of what ACHD or anybody -- no one knows how much it's going to affect Waltman. I just feel that -- we had an incident with a fire truck trying to get to the school recently. It was a false alarm, but they couldn't get down the street. There were too many cars. Cars couldn't get out of the way to allow that to happen. So, that's a Meridian City Council May 6, 2014 Page 19 of 66 concern, a legitimate concern. So, I just think it needs to follow the original master plan and spread a little more than it is. That's all I have. De Weerd: Thank you, Craig. Jennifer Johnson signed up against. Hi. If you will, please, state your name and address for the record. Johnson: Jennifer Johnson. 2035 Waltman Street. De Weerd: Thank you. Johnson: Good evening, Madam Mayor and Council. I'm opposed to the applicant's current plan for development, as it does not -- it gives exposure to the residents of Primrose Subdivision in terms of impact. We have simply no idea how these changes will -- will -- if approved will affect us. We don't know what traffic patterns will do to the future of our properties. We have been told that a few things will be evaluated after development is done, at which time they may or may not have to -- have to widen the road. They may or may not have to move wells if they are too close to where the road needs to change. We don't know how increased traffic, pedestrian and vehicle, will affect the safety of our children and our livestock. In the interest of fairness and compromise I don't think homeowners in the Primrose Subdivision should have to prepare for a potential like this. If proposed the developer will have to pay impact fees to be used for future changes to this subdivision, especially if the current plan is not changed to compliment our subdivision. I have a general idea of what the potential impacts of cost per resident. If the road has to be widened we will lose enough feet of our easement to potentially have to move wells. This means fencing, irrigation ditches, and landscaping as well. Most homes are affected are front facing properties with the well in the front. There are six corner houses with more exposure than the rest. The six homes would have a higher impact of changes and based on the current prices a cost impact would approximately be 35,000 dollars per home. The other homes would be approximately 25,000 dollars per home, with a total of 54 homes in the immediate impact area would equal 1,410,000 dollars in fees for the developer. This information I got from the impact fee programs on your website and I'd like to quote: The Idaho Code defines an impact fee as a payment of money imposed as a condition of development approval to pay for proportionate share of the cost of the system improvements used to serve the development. The impact fee repeats the legislature -- excuse me -- legislative findings and an equitable program for planning is financing public facilities that serves new growth and development as necessary in order to promote and accommodate orderly growth and development to protect the public health, safety and general welfare of citizens of the state of Idaho. Are there any questions? De Weerd: Council, any questions? Rountree: No questions. De Weerd: Okay. Thank you. Richard Telliho. Okay. Signed up against. Good evening. If you will, please, state your name and address for the record. Meridian City Council May 6, 2014 Page 20 of 66 Telliho: Richard Telliho. 1885 Waltman Street. De Weerd: Thank you. Telliho: Madam Mayor, Council Members, first of all, I think it's going to be kind of a hard act to follow with Jeanette. She kind of covers everything. De Weerd: I would assume that's why everyone decided she was an appropriate spokes person. Telliho: She is good. Secondly, I would kind of like to just rebut a little bit about what the young lady said about the traffic at the school. I live directly across the street from that school and, yeah, it's almost impossible to get out of your yard or your driveway when school is coming in or letting out, but there is traffic in and out of that school all day long and in the evening those parking lots fill up again with soccer practice and little league practice or, you know, pee wee baseball and football and stuff like that. So, it's -- it's not just during the day, it's all day. So, with that I would like to read this and, then, submit it if I may. De Weerd: Thank you Telliho: First and foremost I want to express my opposition to this project. I object to both the zoning that is being planned and the connections to the project through the Primrose Subdivision. It almost appears that the City of Meridian is in competition with Boise. Boise was the main hub in the Treasure Valley. It has a large downtown metro area. Meridian has a smaller downtown, but is growing through urban sprawl. Most people that live in Meridian did so because it was less urban and had a sense of community. When I moved here 18 years ago it also had a better education system than Boise. The residents that live in the Primrose Subdivision moved there for the rural lifestyle. This plan will completely alter the lifestyle of the Primrose Subdivision. We will have a monstrous commercial and urban area right at our doorsteps. I have found over the years that these different plans for growth seem to foster a lack of critical thinking about the consequences and the impact it will have on the community. The planning also does not seem to hear or accept inputs from the people of the community. The applicant Treasure Valley Investments, LLC, stated at the P&Z meeting on March 20th that this project has the potential of being the largest commercial hub between Salt Lake City, Utah, and Portland, Oregon. I don't know if that was supposed to be a selling point, but it sure didn't make any pluses for me. That's the last thing we want in our backyards, especially being that we are a rural community. Here are a couple of examples of where I thought there was some lack in planning. We have got the Eagle and Fairview Avenue that's statistically been considered the most dangerous intersection in the valley. The traffic congestion was terrible along the whole corridor. The new plan to fix that was to build the Village at that intersection and create more traffic. With poorly timed traffic signals the congestion is worse. Closer to home was Meridian City Council May 6, 2014 Page 21 of 66 the building of the Peregrine Elementary School. The traffic impact was totally miscalculated. De Weerd: Sir, your time is up. If you could, if you can give that to Madam Clerk and she will make copies for Council. Unless Sharon would like to read the rest of it. Sharon also signed up against. Shandra -- I'm sorry. I think both of you raised your hand when you deferred to Jeannette, but we will make sure -- pardon? Okay. I'm sorry, we can't have a conversation, but we will read it, so -- Steven Devenport signed up against. Good evening. If you will, please, state your name and address for the record. Davenport: Good evening, City Council Members. My name is Steven Davenport. I want to thank you for this opportunity. I have lived at 915 Lilac Street for 36 years. A lot of them most -- currently living in the Primrose Subdivision and on Lilac Street. Lilac Street runs north and south and presently is under consideration as an access route to the Ten Mile interchange. I have witnessed much development and/or changes over the years. I remember when most of the land around the Primrose Subdivision was farmland and is now slowly being redeveloped. Land east of Linder Road was the first to be developed. Residents in a new area wanted to go open upper Waltman Road, so they could access Meridian Road and the freeway. Residents living in upper Waltman objected to the plan, fearing excessive traffic would impact them negatively and border on encroachment. They petitioned the city not to honor this request. The city responded in a positive fashion and upper Waltman remains a dead end and closed to the East Linder residents. Needless to say, those residents on upper Waltman were pleased with the city's decision, one of whom is a close friend of mine. Now it's my understanding a similar situation is occurring with the development of the Ten Mile Center. If the plan goes through it will allow residents of -- east of Linder access to the Primrose Subdivision to reach the Ten Mile interchange. In my opinion redirecting traffic through lower Waltman, Verbena and Lilac will create an excess. This is an encroachment and impacts negatively. Are the 60 plus residents of the Primrose Subdivision any less deserving than the ten residents in upper Waltman. Redirecting traffic to Verbena and through Lilac will naturally create excessive traffic and in my opinion pose a problem for bicyclists, as well as neighbors who enjoy taking long walks through these -- these streets. Except for Peregrine Elementary there are no sidewalks. I am not opposed those development, but I am opposed to the zoning changes, namely, TN -C and TN -R. It makes more sense not to redirect traffic to the subdivision, but to continue utilizing Linder and Franklin Roads as an access to the interchange. Linder and Franklin Roads are not impacted negatively and I would encourage the Council to follow the city's future land use plan and keep the 30.4 acres on medium densities a residential area to reduce traffic. In conclusion I hope the City Council Members will listen carefully to those who are presenting this evening. Please don't let this meeting become an exercise in futility. Thank you. De Weerd: And, I'm sorry, I can't read the first name for Mrs. Davenport, but also against. Thank you. Cindy Atwood. Good evening. Meridian City Council May 6, 2014 Page 22 of 66 Atwood: Good evening. I'm Cindy Atwood. I live at 2290 Verbena Drive and I, too, would like to thank everybody for all their work and effort. I just -- I pretty much want to reiterate -- as they said, Jeanette pretty much covered it. I just would like to reiterate that the traffic on Waltman is extreme and -- and our -- I just hope that you will really listen to this and at least take some time -- the fact that Peregrine was put on this street -- and I'm sure you all know that -- rather than -- you know, the city did some bartering and et cetera to put it there, instead of on the main street, for the safety of the children. I think that's huge and I think that's something that really should be looked at. And thank you for your time. De Weerd: Thank you. Dennis and Yolanda -- and I can't read the last name. Garrison. Signed up against. Maggie Weekes signed up against. Thank you. Steve Weekes. Good evening. Weekes: Mayor and Councilmen. Thank you guys so much for taking the opportunity to listen to us. We are here for -- De Weerd: Can you, please, first state your name and address. Weekes: Oh. Sorry. De Weerd: That's fine. Weekes: Which one works best? Dave Weekes. 1010 Lilac Street. De Weerd: Thank you. Weekes: Appreciate all the work that you guys do for us, even though a lot of us aren't in your area and stuff, the impact area that we are in, we do live here, we do love Meridian for a reason. All I'm here tonight to do is thank you guys and, please, take a minute and look at the situation that we have. The mapping that so much money and time went into to begin with to try to get that whole area into the Meridian concept, we are happy with that. We are not against the development and stuff. What we are against is how we are changing horses in the middle of the stream for a special interest group that wants to do something a little bit different out of the ordinary. I'm not saying that sometimes that isn't good. Sometimes it needs to be looked at. But we have the Whitestone area, we have the Primrose area that are single family homes and we would really like to have the opportunity to have that transition like as on the map to begin with considered very very seriously. And, again, thank you guys so much for what you do for us, even though I'm not even in the city, but you guys are doing a fabulous job, but, please, take a minute and look at it very seriously and have a compromise for us, you know. We are happy to have the development. We are happy to have the people come in and help us out. But we want you to take a look at the consequences of the schools, roads, over and over and over again. That's what you have heard all night long. I want you to take a look at it -- what we can do as a compromise to make it workout for everybody. And thank you so much for your time tonight. Meridian City Council May 6, 2014 Page 23 of 66 De Weerd: Thank you. 011ie Land signed up against. Okay. Peggy Moser signed up three times against. Moser: Hello, everybody. De Weerd: Hello. If you will, please, state -- Moser: My name is Margaret Moser and I have lived at 875 Lilac Street in the Primrose Subdivision 30 plus years and I like it there on my little acre. I know there will always be growth around us here and that I -- and that I can live with. However, there are a few things that could happen that will make things change a bit for the worse around here. These are the things I hope to address in my letter. I read this letter to the zoning, so now you get to hear it. Waltman is an almost half acre long road. And I use road, because if you have been on it you would call it that also. And Lilac is a short little street and these two roads are approximately 24 feet wide. I measured them. Part of Waltman has a sidewalk on the north side of it, but only by the school. We all in this subdivision have used it to since the subdivision was built in the early'70s. The addition of the grade school on Waltman has increased the vehicle traffic considerably to the point that in the morning and afternoons when the children start and finish a school day, the parents who come to pick their children up cause a bit of traffic congestion. But, unfortunately, that only lasts about a half hour. I didn't know that it went on into evening, because I don't live right across from the school. That one person that said that has a point there. Anyway, what I am somewhat protesting is extending Lilac Street north into the new development with the building of even more homes on the north side of Waltman I am sure there will be even more increased vehicle traffic when the parents deliver and pick up their children. Traffic from that area would have no reason to enter our subdivision, but, rather, go down Linder Street and Waltman Road up to the school as they do now to pick up their children. If a pedestrian walk channel were to be built from the new residential area directly into the school yard on the west side, the children in that area would be phase one, two and from school and would not even have to walk on Waltman at all. Also, the parents could drop them off in the subdivision, instead of our subdivision. Also on the east end of these new subdivision areas the traffic would not be compounded with more vehicle traffic through, the subdivisions on the east side of Linder headed to Ten Mile and Franklin Road. If you do consider my suggestions in this letter, perhaps a good solid privacy wall between the new construction and Waltman would be not only a good sound barrier, but also allow those of us in the Primrose Subdivision to maintain some of our 40 plus years of privacy. Thank you for listening to me. I have a question to ask you. How many of you have been down Waltman and Lilac? Would you raise your hands? And how many of you have been there at 8:15 in the morning and 2:30 in the afternoon? De Weerd: I have walked during that time for national Walk to School Day. Bird: Yeah. Meridian City Council May 6, 2014 Page 24 of 66 Moser: You know how horrible it can get and the traffic is a mess there. Thank you for listening to me. De Weerd: Cindy Downum signed up against. Kaye Fors signed up against. Thank you. Gary Fors signed up against. Okay. Edmond Kennis signed up against. Thank you. Sylvia signed up against as well. Christine Lambing signed up against. Thank you. Lambing: My name is Christine Lambing. I live at 860 Lilac Street. De Weerd: Thank you. Lambing: Madam Chairman -- or Madam Mayor. De Weerd: That's all right. Lambing: Council Members. Again, I live at 860 Lilac Street in the Primrose Subdivision on the corner of Waltman and Lilac, exactly on that corner where they plan on putting a thoroughfare through to go north into the proposed subdivision. This neighborhood is comprised of acre lots with single family dwellings, outbuildings, livestock, horses, farm animals, and irrigation. Room for children and grandchildren to safely play. We have wells that provide outstanding water. An acre of land -- oh. We bought this property because of the rural aspects and qualities, as did our neighbors. An acre of land with a home is not cheap and for us a lifetime investment. This brings me -- brings me to the point I wish to address. Not everyone wants all of the Meridian area to grow at the rate it is and has been of late. We are a rural area in Ada County that is being encroached upon by the city. We all know that growth is inevitable and it has been made very clear to us that this development is going to happen regardless. We are, however, vehemently opposed to the way this is happening and to the multitude of serious negative impacts that is going to have on our way of life, including, but by no means limited to, the loss of well water, an increase of crime, which we clearly have very little of. Traffic and road issues. Overcrowding of Peregrine Elementary School and the loss of some of our property so someone else can make money. I am also concerned by the complete lack of regard as to the -- the neighborhood -- complete lack of regard we as a neighborhood have been shown to date. So, going through the motions, if you will. The proposed zoning adjacent to the some -- excuse me -- Primrose Subdivision is, in our opinion, unacceptable. You want to make a really -- a residency plan that is too high in density with our existing low density neighborhood. We have yet to be presented with a clear intent as to the actual number of dwellings proposed, but have been given ambiguous responses instead, all indicating an altogether too high density plan. We have heard the planning phased repeatedly, yet we fail to see correlation on the planning map. On your website I found the following. Compatibility. The appearance of different land uses, development context, or building types existing together in harmony without conflict with respect to site architecture and landscape design. My response: There is no harmony in proposed TN -R and TN -C adjacent to the Primrose Subdivision. This is from your little brochure that you have for Meridian City Council May 6, 2014 Page 25 of 66 people that want to apply. Getting what you want from a handout. Number two. Please keep in mind that you may not be able to do exactly what you have been -- exactly what you have intended. We know this can be frustrating, but we will get to as close to possible with -- working within city codes and policies. If you help us to understand your needs we can be pretty creative with brainstorming and workable solutions. Response. We feel there is no consideration being given to the residents of the Primrose Subdivision and our neighbors. The list goes on. The guidelines go on. But where is the compliance? We are requesting the property and the review for development adjacent to the Primrose Subdivision be designated R-1 to better keep in line with our long-standing and existing neighborhood. We are opposed to the current proposal of TN -C and TN -R for said property. Any questions? De Weerd: Thank you. Lambing: Thank you. De Weerd: Chris Lambing. Also signed up against. C.Lambing: I have a letter I would like to submit De Weerd: Okay. If you would like to submit it to our city clerk. Those are the people that signed up. Is there anyone else who would like to provide testimony on this application? Okay. I will ask, then, the applicant to address the concerns that have been raised. McKay: Thank you, Madam Mayor, Members of the Council. Becky McKay. Engineering Solutions. Sonya, can you go back to the street -- there you go. Thank you. Anytime the city grows out toward these rural subdivisions that were created in Ada County with individual septics and wells on either R-1 or RUT lots, we always have issues with transition. Their definition of what is high density, the definition of the Council, the code, the development community of what constitutes high density are different. Now, in this particular project we understand that we have these estate residential lots and that -- that was taken into consideration. I do not believe that we were just going through the motions. I sent e-mails. I distributed information. I sent information to ACRD. I met Russ Johnson, their ditch guy, out at the site one afternoon, he wanted me to be out there when school was getting out, so I could see the traffic for myself and to talk about their drainage and irrigation issues. I also got the farmer that is farming this property for Mirazim to attend that meeting. So, we want to be good neighbors. We have no objections to the Council including in that development agreement transitional densities next to the existing estate residential. In talking with -- with Jeannette Ockerman on the phone, I -- I had passed on that ACHD is absolutely one hundred percent convinced that the traffic issues that exist in this area with the school on Waltman and with Linder Road being the sole access, will be alleviated when these collectors and these signals are built. There will be two collectors going north out to Franklin Road. One will come through Brighton and another one will come through the property to the north. Those will be signalized intersections. We are going to have Meridian City Council May 6, 2014 Page 26 of 66 a signalized intersection at Ten Mile Road. We will be building east -west commercial collectors. We have to transition. We are not asking for a change. We are not here before you asking for a land use map change. We are here asking for what is included in that Ten Mile specific area plan. When I look at the original map the Brighton property has three designations, high density employment, lifestyle center, and medium density residential -- or medium high density residential. Excuse me. This is what we have now. Brighton did not transition, they -- in fact, they include no residential in their 80 acre parcel. So, the staff looked at us to provide that residential and we did not object. We agreed. We will provide some residential. They said the Ten Mile specific area plan asks for diversity. It wants -- they want townhouses. They want single family dwellings. They want apartments. We are supposed to create housing that will benefit that Ten Mile area and provide for those future employees, if we happen to get a corporate campus, we have a retail center, we have restaurants, that there are multiple options for residential. R-1 is not one of them. The staff was pushing us to have R-15 and I said I don't think that's -- that's appropriate. I think R-8 would be a better fit and, then, we transition with TN -R, TN -C and, then, to the C -G. We are embracing transition. We are supportive of the Ten Mile plan. All we want to do is come in and get annexed, get this zoned, and get our roadways established and the roadways are compliant with the transportation plan of the Ten Mile specific area. Comments were made about -- comments were made about the lack of planning. The Ten Mile specific area, as you guys know, is the most planned area in the City of Meridian, because you guys looked at all of the issues. Transportation. Land use. Balancing act as far as access. Improving this area. This is the foundation of this plan and the sooner we get our street network established and interconnect with Brighton, the more likely that this development will take place. So, from a planning perspective I would put the open space that we need and will be required for the single family, the multi -family, down next to Waltman and Lilac and it provides a great place for either a neighborhood park or a private park. That's -- when we go into site design that is exactly what we are going to do, because we have got to come back and look at this Council and say, hey, we are transitioning, we have taken everything into consideration. This is a good plan and it fits perfectly. Do you have any questions? De Weerd: Council, do you have questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky, you talked about transitioning and, obviously, that's one of the many issues that the folks have with this and just spoke to one approach with open space. I don't -- I don't know that without that being in a development agreement that that's something we can just take for granted. We don't know who ultimately is going to end up developing this property, but some way or another that needs to be enforced if that's, in fact, what we want to do. So, from my perspective I would need some kind of a concept of what that is and something that we can refer to in a development agreement to fix that. Meridian City Council May 6, 2014 Page 27 of 66 McKay: Councilman -- Rountree: And any other things that you suggest that might be ways that you have addressed some of these issues that are not necessarily evidence on paper that we have at this point in time. Because in my mind any of those items need to be in the development agreement if we move forward with this at all, because, like I said, we don't know who ultimately is going to develop this property. So, is that something that you or your client can agree to? McKay: Councilman Rountree, Madam Mayor, we have talked a lot about that and my clients have indicated that they are comfortable with some language in the development agreement that says, you know, appropriate transitioning -- transitioning adjacent to the existing estate residential, whether it be open space, whether it be, you know, lots -- single family lots, that that be a part of the plan and I think that staff has always expressed their desire to focus our future design on that issue, that, you know, we are going to be looking for some type of transitioning. We are going to be looking at how you interconnect the street, making sure that cut -through traffic -- it isn't more convenient to go from Waltman to Linder than it is to go out to the single intersection at Ten Mile and go out to the interchange or out to Franklin. We are willing to agree to some type of language. We are comfortable with that, sir. Rountree: Thank you. Madam Mayor. This is a far reaching question, but I'm asking you to reach into your crystal ball and give me some kind of a point in the future when something might happen on this parcel, assuming it moves forward. McKay: I think that's probably a question for Eric Davis. Rountree: For Eric? Okay. McKay: Because he's got his thumb on the pulse of the market a lot better than I do -- Rountree: Okay. McKay: -- and he has been working on large developments for a long time. Davis: Eric Davis. 199 North Capital, Suite 300. 1 think at this point I don't think we will see anything built until 2017, just based on the way retail -- if it's retail it would take at least that long to figure out -- do the market studies. We were having, you know, side bar conversations just today on it with brokers. I think it will be at least that long. Rountree: Okay. Thank you. De Weerd: Mr. Zaremba. Meridian City Council May 6, 2014 Page 28 of 66 Zaremba: Madam Mayor. If I may, a question for staff. A couple of questions have been raised and the point was made about all the effort that went into the Ten Mile area plan and I know it was a lot of effort and we had a lot of participation from people. I was involved in that as well and appreciate everybody's participation, but the plan does identify I will say that eastern area of the project that we are looking for as medium density residential and if you would -- we have two different overlapping definitions here, but what I'm asking the staff is if you would describe the relationship between medium density residential and the actual zoning of R-4 or TN -R and what are the relationships and compare the densities that those different terms mean if you would, please. Watters: Yes, Councilman Zaremba, Councilmen. Council Woman. The medium density residential land use designation is three to eight dwelling units per acre. That can be an R-4 or up to an R-8 zoning district. The TN -R district that's requested by the applicant is a minimum of eight and a maximum of 15 dwelling units per acre. There is a mix of land uses, as you can see varying residential densities designated on the eastern half of this property. The applicant is asking for TN -C, TN -R and R-8 districts that all allow residential uses and a mix of residential uses. There is a development agreement provision that staff is recommending that the property be developed in a manner that provides a transition in uses to adjacent residential properties. We will be looking at that when a preliminary plat comes in in the future to make sure that there is a transition in uses. There is also a development agreement provision number 4.1.6 that requires only residential uses to be developed in an R-8 district and a minimum of 95 residential units to be developed within the TN -R zone and a minimum of 300 residential units to be developed within the C -G and/or TN -C zones combined. So, although it doesn't have a straight out residential zoning district that the applicant is requesting, through the development agreement that staff and the Commission have recommended that, you know, guarantee for a certain amount of residential units. Hopefully that helps, Councilman Zaremba. Zaremba: I think so. Thank you. De Weerd: Any other -- Zaremba: Well, I would add a comment certainly we have some more discussion to have here, but I agree with Councilman Rountree that it -- if in some fashion this does move forward, the wording that would be in the development agreement I think needs to be a little bit more specific. The -- just mentioning that there will be transition that could end up being satisfied by a 15 foot landscape buffer, I believe, according to our rules. So, I would like to see at least the suggestion that the wording be added that -- that that transition will include open space or single family dwellings along these borders if, in fact, we do move forward. I'm just -- the issue, I'm sure as everybody knows, we -- we hear from developers that we know and they often describe wonderful projects that we are all thrilled with and, then, somehow before it happens they sell the property to somebody else who did not make those promises and if we don't have it in writing and very specific things get lost, so -- and this is no reflection on present company, but I think we need to make sure that we are well covered in case this gets sold to somebody Meridian City Council May 6, 2014 Page 29 of 66 else and particularly those transitions are -- are iron glad, let me put it that way, and not just vague. And I will add there was a time when we wouldn't accept an annexation without having a plat and I realize we have kind of gotten away from that, but sometimes I think that's a little scary, too, not to have more definition before we approve things. De Weerd: Councilman Zaremba, that was my point that I was going to bring up. This -- this is indicative of an annexation request without a preliminary plat, which brings a lot of things into question, as well as the opportunity to capture much of that in the development agreement that is really applicable to annexation and it is where we get -- not the stick, maybe it's the carrot, but it is the assurance that certain things are going to be adhered to and it does give us that regulatory and the mechanism to make sure that those things do happen. I think the preliminary plat actually does give residents that will be living with whatever impact certain assurances as well and so this is -- this is the conundrum I think that Council is finding itself in, in particular with the lack of detail in what is being proposed. Any further questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Becky. Becky, the question was -- or the idea was brought forth of providing access to the school from -- from the development -- from the residential portion of the development. I don't know if that's been explored, if that's something that -- obviously that's a detail you may not have gotten down to, but is that something that the school would be open to? McKay: As far as -- Rountree: The eastern boundary. McKay: Oh, on the eastern boundary. I did walk back there. Their playground. I think they have a portable back there. I -- I don't -- we'd have to really look at it and see from a -- from their internal vehicular circulation if that would be possible to create -- you mean like a back way out to this neighborhood? We would have to, obviously, work with the school district to see if that's a viable option, but I know I saw a portable back there. They had like a fire gate. Rountree: Could be at least the minimum of a pedestrian -- McKay: It could be -- oh, it definitely pedestrian. Absolutely. Bird: Yeah. That's what they were talking about. McKay: Pedestrian at a minimum. Yes, sir. But, you know, the school likes to control how vehicles come into their site and how pedestrian interconnections are made. We Meridian City Council May 6, 2014 Page 30 of 66 would, obviously, have to get approval from Meridian School District and -- but I have -- we would have no objection of, you know, obviously, pursuing that. De Weerd: There is no vehicle access -- De Weerd: -- I believe in the area. We did a walk against drugs and we went out that direction. All of it is the activities in the front of the school. Rountree: Question about the existing surface transportation. Is that critical to this development or is that just to be directed by ACHD that the interconnectivity is required? McKay: Madam Mayor, Councilman Rountree, that -- that was dictated by your own plan, your staff, and Ada County Highway District. As far as the transportation, the primary roadways that we show, those match your transportation plan in that Ten Mile specific area plan. My recommendation would be that -- De Weerd: We can't hear you for some reason. McKay: I think it quit. Sorry. De Weerd: It timed out. Rountree: You broke it. McKay: Oh -oh. Send me a bill. How we make that connection would be, obviously, determined -- we would work with our traffic engineer, the architect and ACHD. I mean, you know, there are different ways to have vehicular interconnectivity. Some are beneficial and some may create issues. So, we would have to -- obviously, what I told the neighbors, you know, we would have to look at how that connection is made and I guess at this time it would be premature, but ACHD I asked point blank what is the chance of the district having us isolate ourselves from that existing estate residential neighborhood. They said zero. We will require interconnectivity. We will demand it. But how it's done is to be determined. Rountree: Madam Mayor. Ryan is sitting over there looking like he's going to get away with something, so I have got a question for him. De Weerd: I'm sure he was hoping we didn't have questions. Ryan, is this something that the commission listened to? Head: Not at this point. De Weerd: Okay. If you will state your name for the record. Meridian City Council May 6, 2014 Page 31 of 66 Head: Ryan Head. Ada County Highway District. 3775 Adams Street, Garden City, Idaho. De Weerd: Thank you. Mr. Rountree. Rountree: A question on Waltman. It troubles me. I have a school situation similar to this in my neighborhood and I purposely do not get on the road between 8:30 and 9:30 but -- and I understand the situation. I'm concerned with Waltman particularly, because it is a -- substandard is not the correct word, it's the standard road for -- for this kind of development, but we are seeing this and have seen it recently with another development that was a rural county development that now has subdivisions connecting through it and the road doesn't have accommodations for pedestrians or bicyclists, it doesn't have accommodations particularly for pedestrians to school through its length. We all need to keep in mind that Linder is the only way in and out of this area right now and any other route that is opened up until we can get something going on the 5th Street -- it's going to be a busy road. People are going to use it. I don't know what the capacity is. I don't know what your rule of thumb for capacity is, but if the volumes out there are 3,000 vehicles a day it's probably getting pretty close to capacity for a rural, two lane road. So, I have an issue with what I would anticipate a fair amount of traffic utilizing that for community purposes, not necessarily for going to the commercial, but for getting access to Ten Mile and getting on the interstate to get out of that -- that section of land to the -- to the east of Linder as well. It probably would be very convenient to go through this area, as opposed to trying to get on Linder and out. Or if there is an accident on Linder it's the only way out, so I -- is there any -- well, will the commission have any thought with respect to improvements that might be needed on Waltman if this were to happen, I guess that's my question. De Weerd: And that was for your crystal ball. Rountree: Based on your experience with them. Head: To clarify, at this point Waltman has about 1,000 vehicles -- Rountree: A thousand per day. Okay. Head: So, you're talking 2,000, so -- at which we generally look at the peak hour, which is like 20 to 30 vehicles, but it usually happens off peak, so that is a bit of a challenge. And, really, this is not a unique challenge. It's indicative of placement of schools out on the fringes where it's very difficult for children to walk to and the result is that you end up with a lot of vehicles coming and going during -- during those hours. Even -- and I realize that's not the only case there, because I live in the neighborhood with my kids' school and there is still plenty of people who drive their kids, unfortunately, to their school. Just the society in which we live. There are specific limitations to what we can require off site of the developer and that will be taken into consideration in what we can -- what the actual nexus to the development is and what that impact would be on that Meridian City Council May 6, 2014 Page 32 of 66 roadway. So, those are things -- our commission does take those into consideration, but there are specific limits that they have legally to what they can require on improving Waltman. Rountree: Thank you. De Weerd: Would not always drive their kids to school if they had safe routes to school, like off-road pathways and not -- and sidewalks. So, I guess just to also reiterate what Councilman Rountree has said, if ACHD is looking at connecting any development to the west of this existing area, that road has to be brought up to a standard that is safe and, you know, whether it's working with the developers in -- that is to the west and giving them impact fee payback if they were to do off-site improvements, but if you're going to connect a dense area to the west, that has to be brought up to a standard that is acceptable and I didn't really see that in your report. Head: Yeah. Madam Mayor, it is an interesting situation, because our -- you know, the city's -- the efforts we have gone to with the city in identifying the future of these roadways, the typologies or the function of the roadways does not identify as a collector roadway. However, in partnering with the city we have sought to create connectivity and it's been a desire in your comprehensive plan, it's something that -- and in partnering with you we tried to create. It alleviates some of the -- the greater impact and -- that tend to be at times less desirable when you get into the arterial roadways that they become overcrowded and that people will start to wonder why aren't we doing anything more and, then, you have a street like Fairview and streets that are far worse when you don't have alternatives. But those are the things that we will be looking at. It's a little bit hard, as you mentioned a few times, to talk into a crystal -- and look into a crystal ball here. We don't know what the development will look like. We will have a general idea based on zoning, but we won't know exactly and that's why, you know, our -- our staff comments were primarily geared towards the proposed roadways within the development, but beyond that we have limited comments in what we can actually say to the developer. De Weerd: But I guess that's the point. That's the point that we kind of marry this land use plan with the transportation agencies is to avoid maybe lessons that we have learned in the past and to -- to show those connectivity -- those connection points and what those impacts are going to be to those existing roadways and how to bring those up to standards that would be acceptable to new levels of traffic and certainly safety in this particular case with having the school there -- there has to be a plan. Head: There is a plan and ultimately where we are at this point in time and in working -- have already been in communication with your staff and looking for additional proposals and updates to our -- what's called our master street map and if that's something of interest to the city, we work pretty closely with the city to -- to designate roadways. But ultimately if it's meeting the standards of a local roadway and that's what it serves that, and the desires that it not change that, it will be hard for our commission to require a developer to make modifications beyond that. But if it's the desire that it become a Meridian City Council May 6, 2014 Page 33 of 66 collector roadway and provide the access differently, then, those standards would -- it would be easier for our commission to make those requirements, that it be brought up to the standards of the collector roadway, which includes your -- your on -street bike facilities or -- De Weerd: Off. Off street. Head: Or off street. However you -- we can consider those as we go forward. De Weerd: Additional questions for Ryan at this point from Council? Rountree: No. De Weerd: No? Thank you, Ryan. We know we will never kill the messenger. We will just give you a hard time. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a couple more comments and in musing a little bit about whether there should be a pedestrian connection on the east end into the school, the display that's up on the board right now, if I'm interpreting it correctly, the little street north of the school that says West Wingfell -- I'm sorry -- Pintail -- P -i -n -t -a -i -I. Pintail Drive. Just about where the cursor is it looks like there is a pedestrian connection from that street into the school area. De Weerd: I think it's a small drive, but it's -- it's not supposed to be there. Zaremba: I was going to say that clearly the school is in favor of having it -- De Weerd: A pathway. Zaremba: -- but I will add that -- that the school has accepted those kinds of things in other places and I think that's a good idea. The additional thought -- and, again, this same depiction that's in front of us -- I picture myself about 15 years ago. I sat in the audience like you people are in the old City Hall and was objecting to a proposed subdivision that had high density residential essentially in the middle of the square mile and my point at that time -- and I still believe is that the high density residential should be a little closer to the arterials and -- and the lower density in the middle. What we see in the upper here, which is the Ten Mile area plan depiction, is more like that. The high density residential is closer to Ten Mile than it is on the proposal that we see below that. I'm comfortable with the description of the R-8 and the TN -R and they do match what I was visualizing as medium density residential. The proposed TN -C to me is high density residential and if you compare these two, assuming they are to the same scale, the high density residential has crept to the east considerably and to me is getting Meridian City Council May 6, 2014 Page 34 of 66 farther and farther away from the arterial. So, I guess what I'm saying is I would -- I don't have that much objection to the C -G that's being asked for or the TN -R or the T-8 -- or the R-8, but I'm struggling with the TN -C, which I -- I think should be move west if it's going to exist at all and that will alleviate some of the traffic problems. As for connectivity of the roads, there will be an issue of probably needing to upgrade Waltman. That may be true anyhow. The advantage of the connectivity is -- it kind of goes both ways. Yes, it brings more people through the neighborhood, but it also allows the existing people another way out and this area that has been an area that's been very uncomfortable for me for some time. We generally -- when you have only one way in and one way out, such as Linder at the moment, which doesn't connect over to the interstate, you -- the way in and out of this subdivision is only north on Linder. That's very similar -- it functions like a cul-de-sac and our rules are you can't have more than 50 dwellings on a cul-de-sac. We have not applied that to Linder, but the reason for that is public safety. Being able to get fire trucks and police in and out of there and I will have to say as far as transportation, I feel having the connectivity of the roadway to the west is a safety issue that does need to happen. The result of that is going to be that -- that something will need to happen on Waltman, but -- I guess what I'm looking for is to say there are elements of this proposal that I think match what we were originally -- what was worked through with the Ten Mile area plan. The roadway. R-8. The C -G works for me. The TN -R. I am struggling with the TN -C. I would rather see that move a little farther west and be replaced with either more TN -R or R-8. And, then, I also agree with -- if we are going to do this that the development agreement should be more specific about what the transition is going to be between the new neighborhoods and the existing neighborhoods. De Weerd: Okay. Zaremba: One person's thought. De Weerd: Thank you. Any other questions from Council for the applicant? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Becky? It was mentioned several times about a barrier or a fence or something around the development. I suspect there is something contemplated. Not asking you specifically, but will there be such a fence or potentially landscaping or whatever? McKay: Councilman Rountree, Madam Mayor, I don't think I had any development where we haven't had an exterior fence and what type of fence varies from project to project. Typically when we are adjoining estate residential they want a sight obscuring type fence. So, I think, you know, appropriate exterior fencing is reasonable and is standard in our industry. If -- if we had open space would you want us to fence it off, though? I mean -- you know, I'm not talking the 15 foot like Councilman indicated, but I Meridian City Council May 6, 2014 Page 35 of 66 mean usable -- if there were usable open space that adjoined it, I don't think you would want to fence it off from their neighborhood. I don't know. Rountree: No. De Weerd: I think that's a requirement that the subdivisions are fenced and in particular if there is livestock you're going to have to assure that it's a different kind of fencing. It can't be vinyl. It can't be wood. It has to be something that animals can't get through. McKay: Yes, Madam Mayor. If we do have adjoining pastures we do have to provide some type of fencing that can handle animals and, you're right, vinyl is not one of them. De Weerd: Because they like to chew. McKay: Yeah. So, we always coordinate with the adjoining neighbors on the fencing. Especially if there are existing pastures. Even if I have homes I will typically -- and we are going to replace fencing or add fencing where there has never been fencing. We ask them what would you like to see and we coordinate with them. Typically the developers go along with that recommendation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, this is a little difficult without really discussing a plat, but do you have a concept -- I'm looking specifically at the south end of the TN -R zone, which borders Waltman, and my question -- I'm thinking if I were designing it I probably would put houses there that access Waltman. So, that kind of negates putting a fence across that piece of your border anyhow. I mean do you have any -- I know you mentioned maybe it's open space. McKay: Madam Mayor, Councilman -- Zaremba: If there were either one of those you wouldn't want a fence there. McKay: Yes. We did that over on Jericho Street, because in that particular incident the estate residential lots said we don't want to be partitioned off from your neighborhood, but we want you to embrace our neighborhood. So, we did front larger lots along Jericho that were directly across from them and, then, we had our -- in our development transition to the higher density within that interior and that worked -- it has not been built, but it is going to be built this year and it worked well. It basically married two developments together. So, I mean nothing can be done on this particular piece of property until we bring forth a specific plan and a plat and all of these issues that have been brought up were obviously in the record and we have our development agreement, which I have faith in the Council and the staff that they are going to include provisions that protect the city and protect this neighborhood and all of these desires Meridian City Council May 6, 2014 Page 36 of 66 are going to have to be reflected in that plat and that plan and we have been working on different plans, it's just -- it takes a long time and, obviously, with these other projects moving forward some of these streets have to be dedicated, because the rotaries are shared between Brighton and this particular development. So, that has prompted this application at this time. Zaremba: So, on the other element -- and, again, I'm going by instinct, not necessarily -- I'm not an engineer. And I know you have put a lot of thought into this. But is there a -- is there any chance of moving the denser TN -C area more to the west and maybe expanding either the TN -R or the -- or the R-8 into that area? McKay: Councilman Zaremba, Madam Mayor, what -- what they were looking at the -- the type of development they had a target for a specific size and in working with Eric Davis, one of the things that we were balancing was the transportation network and how -- to make sure we complied with the Ten Mile transportation plan, but yet achieve the goal of a certain amount of C -G property to, obviously, attract the development that we want, the tenants that we want. You -- I mean it's obviously within the Council's purview. You could extend the -- the TN -R over, you know, and that's it. You could do something like that. You could -- I mean there -- there are multiple options that are available that could be done this evening to accommodate that, if you felt that, well, gee, we don't want to put that TN -C right against them. Let's have an L to that TN -R. Zaremba: That works for me. McKay: That's possibly doable. De Weerd: Mr. Bird. Zaremba: One man's opinion, but that would be more comfortable to me. De Weerd: Mr. Bird. Bird: Becky, I would agree with that. Is there any -- and I realize why you got TN -C in there, but there is any way we could replace that with TN -R -- have that whole area TN -R? McKay: You mean right there at the south end of -- Bird: Yeah. Get rid of the TN -C altogether. McKay: Just kind of segregate it? Bird: Yeah. Right there. McKay: I guess -- I guess that's a question for Eric. I, obviously, can't make that commitment. Meridian City Council May 6, 2014 Page 37 of 66 Bird: That's just a question just of that area. De Weerd: Council, I don't know, do we want to sit up here and design a development or -- Bird: I don't want to design it. I don't want to design it, I just want a question answered. Davis: This -- Eric Davis. 199 North Capital. Suite 300. Yeah. We are kind of struggling with density and the number of dwelling units. Our -- our first choice was commercial and, then, respective of this addition, we have selected these two zones, because we thought that was accomplishing that. In retrospect in listening tonight, you know, we can -- we can agree to -- through the development agreement, reduce the densities along that southern line, the TN -R and the TN -C to something that's more compatible with the -- even if it's R-8. And so that the residential component of that -- what's built in that would be of a lower density. You know, we were just -- we are -- our main focus has been commercial and, then, to respect the fact that, you know, if -- you know, perfect world, you work here and you can ride your bike and walk over and live there. So, staff would say let's keep enough dwelling units close to this big project. If it's high density employment, let's be able to live -- live there where you work. So, you know, that's -- it's a balancing act really and it really won't play out until we have a final plat and a plan and probably bring a residential developer into the mix. But we are certainly willing to agree to some language in a development agreement that would reduce the density at that -- all along that property line on Waltman and the residential, so-- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would thank you for that openness and I just wanted to comment that I understand that we handed you some challenges when we made the changes on the property to the south of you and I'm not looking for that to penalize you guys, that's not fair, but we do need to take into consideration that we changed the ballpark a little bit when we changed that agreement and need to understand what that does to you as well. So, I think if we can work that kind of language in -- I'm not sure we have heard from everybody yet and I would be willing to, but I would lean towards asking staff to rework the development agreement a little bit and perhaps continuing this to another meeting so that we could see that. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Given our past actions with respect to transition, we have always tried to buffer large lot subdivisions with progressively scaled down lot sizes. An R -2/R-4, Meridian City Council May 6, 2014 Page 38 of 66 R -4/R-8, and I'd like to see that continue with this in terms of transition and -- and see the area where we do butt the existing rural neighborhood where we have it be R-8, knowing full well when it gets platted that we would anticipate those lots adjacent to the larger lots in the rural community would be larger lots in a subdivision. I'd like to see the R-8 piece extended to the south. I'd also like to have a concept of identified open space, so we don't lose that as a buffer, because that's -- that's another approach we have used to buffer and keep the hearing open until we see something like that and some language change in the development agreement that keeps this on track here. That does not take away my concern for Waltman. I think at some point in time when we see what's going to happen out here -- keep in mind that even if we annex this property it doesn't mean it's going to happen and it would have to go through multiple hoops yet to get development to occur and multiple opportunities to be consulted and multiple opportunities for us to try to make it what we anticipated in the Ten Mile plan. So, I agree with Councilman Zaremba that let's get some additional information and keep the hearing open until we get that and, then, take -- take an action. De Weerd: Before you make a motion, if we could ask the applicant to, please, would work with ACHD and get an answer on what the plan is for Waltman and as it connects how they are going to insure that that rural designed road is capable of safety aspects and traffic aspects with that school there. McKay: I think -- I think I can answer that question, because the Ada County Highway District commission just two weeks ago talked about how -- how to handle these rural residential roadways. I believe what they indicated is they have a budget item where they earmark dollars for safe routes to schools and that money may be tapped to improve pedestrian access, widen streets, create off-street parking along these roadways. De Weerd: Well, if we can insure that that's going to be part of their staff report that's part of our findings and our development agreement, that's great. But you know -- and certainly, Ryan, if you can take that back. Those are the kind of things that we need to see is a certainty and I appreciate that they are moving that direction, we just want to be able to capture it. McKay: Yes, ma'am. And I would encourage -- like on future school sites that you guys look at drop-off lanes like we did at Bridgetower to create an alternative for the vehicles and the parents that are insistent on driving their children to school versus allowing them to walk, because it works very well and that is the only school that has it and we had to push to get them to accept it and I think it's a great idea. De Weerd: I think it's a great idea, but it hasn't worked all that well. McKay: It provides an alternative. De Weerd: Yeah. Meridian City Council May 6, 2014 Page 39 of 66 Bird: Better than the middle school. De Weerd: Any other -- any other discussion from Council before I call on Mr. Rountree? Rountree: Oh, thank you. Milam: Madam Mayor, I do have a question. De Weerd: Mrs. Milam. Milam: And it's regarding the -- Waltman and some of the concerns brought up by the residents was that their road is widened, which it should be, to provide sidewalks and everything else, they are going to lose property and it's going to cut into their wells or it's going to be an expense. Is there any way to address this at this time or does that have to wait until the road is actually widened and happening? De Weerd: I hate to say that's why we are not the road department, but -- that was for your benefit, Ryan. That's all -- all the things that need to be considered as -- as they look at the transition from these rural roads to collectors and it has to connect. Milam: As far as the annexation and zoning, before we make this decision there is no way to work on that, that's going to come later -- is that just kind of a question out there for an unknown time until they actually stake the roads later or is that what they are going to bring back to us? De Weerd: Usually those things are all determined as they purchase right of way and see what -- what specific issues there are to it. McKay: Madam Mayor, I think I can answer that question. De Weerd: Good. McKay: There is ample right of way currently on Waltman and that is a grid -- there are north -south streets that connect and, then, there is another loop street that goes back to Linder. But I did look at existing right of way and I -- I think it's either 50 or 60 feet within -- with 50 feet of right of way they can build a full urban street section, so based on what right of way was already platted I think they can make it work with what they have. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no further discussion, I'd first like to say hello and good evening to a number of friends and acquaintances in the audience. We have spent some time raising our kids together in the past and it's good to see you again. Having said that, Meridian City Council May 6, 2014 Page 40 of 66 Madam Mayor, I move that we continue this public hearing and ask the staff to put a finer fine point on some of the development agreement conditions with respect to open space and zoning and ask the developer and staff to take a look -- a better look at the transition between the rural neighborhood and the TN -R and TN -C area of this development and identify open space. Also working with ACHD to get a handle on what might occur in the future and -- anything else that I'm missing? I think those are the points that need addressing. Zaremba: Second and discussion, please. De Weerd: Okay. Zaremba: I did not hear the maker of the motion mention a date certain. I would suggest that it be Wednesday, the 21st, which is -- we have a meeting next week, but normally don't have public hearings on that meeting. It's a workshop during the day. On the 20th is actually an election day, so that we don't have our meeting on that Tuesday, we move it to Wednesday, and I'm suggesting the date certain to continue this to would be Wednesday, May 21st. Rountree: The maker of the motion agrees. De Weerd: Okay. Zaremba: Second agrees. De Weerd: Okay. I have a motion and a second to continue this item to May 21st. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I was going to add to Councilman Rountree's list the pedestrian connectivity to the school site. This is one of the items as well. Zaremba: Thank you. Borton: And, then, within the development agreement there is language with regards -- it's all over -- all over with regards to the Ten Mile area specific plan. That's kind of loosely vague and wiggly. If you could -- with that direction change that language -- Section 4.1.4 and the other -- the components that address how that plan is applied to the C -G and the TN -C, try and put a little more teeth into the obligations of the ultimate developer to comply with that Ten Mile area plan. Watters: Madam Mayor, Councilman Borton, is the Council asking for a concept plan or not? It's loose because there is no concept plan. It's very hard to write a development Meridian City Council May 6, 2014 Page 41 of 66 agreement with provisions when there is not a plan to it. So, if you have some suggestions I would be happy to hear them. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Thanks, Sonya, because it seems like we wanted -- we want to draw up the concept plans, too, in our deal. That's something that comes before us when we do get the concept plans or the zoning. So, all they are asking for is annexation and zoning and we are putting off for two weeks. I -- and we got some things we need to, but I don't -- I don't believe we need to have a concept plan, unless they'd like to get one to us. Watters: Okay. Bird: It's on the preliminary plat -- Watters: Madam Mayor, I would suggest that maybe we put it off another week until possibly the 27th to allow staff time to meet with the applicant and them adequate time to meet with their client to maybe address some of Council's concerns, if you feel it appropriate. De Weerd: Well -- and there needs to be adequate time, too, for the residents to see what is coming back to Council, so -- does that -- there is a lot to be done. I heard it doesn't get developed until 2017. We got years. Zaremba: That can go by in a minute. De Weerd: I'm sorry, Eric, you said it. And I was listening. Watters: And Madam Mayor, Councilman Borton, if I might add. Those provisions you referenced in 4.1.4, those are taken out of the Ten Mile plan. Regardless of whether they are in the development agreement or not, they still do apply. When we get a development plan in, that will be evaluated in accord with our Ten Mile plan. So, if you have suggestions of, you know, anything more or that may be more restrictive than the plan you would like to put in, please direct staff with such. Borton: Okay. De Weerd: Well, the motion is to continue this to May 21st. If it needs to be extended and -- we can note it -- Zaremba: Madam Mayor? De Weerd: -- on our website and also -- Meridian City Council May 6, 2014 Page 42 of 66 Zaremba: There may be a provision to amend the motion. Can we do that, Mr. Nary? De Weerd: Yes. Nary: Yes, you can. De Weerd: We haven't voted. Rountree: You can make a second motion. Zaremba: Uh? Rountree: You can make a second motion. De Weerd: You can do whatever you want. I haven't asked for the vote yet. Zaremba: The motion was very detailed and I would just amend it to make the date certain the 27th, instead of the 21 st, and leave the rest of the motion in place. De Weerd: We could ask the motion maker if he wants to make it the 27th. Rountree: I can agree to that based on staff's recommendation. Watters: Madam Mayor, the applicant just informed me that she had a meeting elsewhere that night, so that won't work for them. Bird: We will have to do it in June. De Weerd: Well, then, June 3rd. Okay. How about that, motion maker? Rountree: Madam Mayor. De Weerd: I'm just trying to help this meeting along. Rountree: Make my motion to continue this hearing until June 3rd, 2014, with staff and applicant moving forward with what was previously discussed at this meeting. Zaremba: Second agrees. De Weerd: Okay. We have a motion. Further discussion? Borton: Madam Mayor? Rountree: Come on, Joe. De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 43 of 66 Borton: I'm not changing the motion. I just want to -- just want to point out and appreciate the applicant's participation in this process and the public participation in particular. It seems like at least tonight it's been extremely reasonable and accommodating to try and create a solution. That's not always the case. So, I appreciate that quite a bit. As well as the written testimony that was provided -- is it Mr. Telliho? On the back in particular. So, thank you for providing that in the letter. So, I think they are helpful for us. Rountree: I agree. De Weerd: Okay. I would like to thank both parties as well. The applicant and the neighbors. I didn't hear any -- anyone saying we don't want to figure out how to work it out and we appreciate that, so -- with that said -- all those in favor of continuing this to June 3rd with the provision as -- as provided in the original motion please say aye. Any opposed? MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Okay. Thank you. Thank you all. E. Public Hearing: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District De Weerd: Item 7-E is a public hearing on PP 14-004. 1 will open this public hearing with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The next application before you is a request for a preliminary plat. This site consists of 56.19 acres of land, currently zoned R-4 and is located south of West Victory Road and west of South Meridian Road. This property was recently annexed with the Victory South Category B annexation and the provision of the declaration of consent to annexation, this property is not allowed to receive development approval until such time as the property owner and the city execute a development agreement. The applicant is proposing a preliminary plat consisting of 159 single family residential building lots and 12 common lots on 56.19 acres of land in an R-4 zoning district. The minimum lot size proposed is 8,640 square feet, with an average lot size of 11,020 square feet. The gross density proposed is 2.83 dwelling units per acre, consistent with the low density residential future land use map designation for this site. The plat is proposed to develop in five phases as shown. There are three existing homes and accessory structures on this site that are proposed to be removed. Access is proposed on the plat via South Kentucky Way, a collector street in Kentucky Ridge Estates. This is the main street you can see going through the Meridian City Council May 6, 2014 Page 44 of 66 site. Access is also proposed from the east via south Carbondale Place, a local street in Meridian Heights Subdivision and from the southeast by Harris Street, a collector street here that goes out to Meridian Road. Stub streets are proposed to the west and north for future extension and interconnectivity. An approximate 300 foot long section of the Williams pipeline -- natural gas pipeline crosses the southwest corner of the site within a 75 foot wide easement. All development within this area shall comply with the Williams gas pipeline developers handbook. An encroachment permit is required for any development or improvements within the pipeline easement. That is here as you can see right across the southwest corner there. The Sundial Lateral runs off site along the west boundary of the property. The applicant proposes 10.2 percent or 5.73 acres of qualified open space on the site consisting of a 1.5 acre park centrally located there. A .2 acre pocket park. Subsurface drainage areas, pathways, street buffers along collector streets and parkways along local and collector streets in accord with UDC standards. A tot lot with a play structure, a half basketball court and a segment of the city's regional pathway system are proposed as amenities in accord with UDC standards. A regional pathway is proposed along the southwest corner of this site within the pipeline easement. There are a couple of blocks -- Blocks 4 and 5 here that exceed the maximum block length standards. To mitigate the long blocks staff is recommending pedestrian pathways are added centrally within these lots as allowed by the UDC to provide a more direct pedestrian access to the park. The applicant has submitted conceptual building elevations as shown for future homes within this development. The Commission recommended approval of this subject preliminary plat with a development agreement. Becky McKay testified in favor of the application. Bill Hansen testified in opposition. Tamara Hamilton, Val Hill, and Fred Tillman commented on the application. Written testimony was received from Becky McKay, the applicant's representative, and Mark and Christine Freeman. And key issues of discussion by the Commission were the traffic impacts on South Kentucky Way and the timing for a traffic signal at the Harris Street and Meridian Road intersection and connection to South Carbondale Place, the stub street, cul-de-sac in Meridian Heights Subdivision at the northeast corner of the site. You can see there. The Commission changed staff recommendation as follows: They recommended modification of Condition 1.1.E -- 1 E. Excuse me. To allow the existing home in phase two to remain until signature on the second phase final plat by the city engineer. Second change of the modification to Condition 1.1.8 to allow for ditches to remain open if used as a water amenity or linear open space in accord with UDC 11 -3A -6A. Lastly, add new conditions requiring the applicant to install a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9, to connect into the water main required in the proposed Revolution Ridge Subdivision to the north and include an easement on the plat for the water main. And that is right around here in this vicinity. There are no outstanding issues for Council. Written testimony has been received from the Kentucky Ridge homeowners association since the Commission hearing. Staff will stand for any questions Mayor and Council may have. De Weerd: Council, questions at this time? Bird: I have none, Mayor. Meridian City Council May 6, 2014 Page 45 of 66 De Weerd: No questions at this point? Is the applicant here? McKay: Madam Mayor, Members of the Council, Becky McKay. Engineering Solutions. 1029 North Rosario, Meridian. I'm representing LC Development on this particular application. I feel like I'm running a marathon tonight. Thought you guys would take a break. As you well know, it's been a long road to get to this point and we feel fortunate that through participation with city and the Meridian Heights Sewer and Water District and Mr. Centers that we have reached this point. What's before you this evening is the -- approximately 56 -- the lower 56 acres that Mr. Centers owns that adjoins Kentucky Ridge Development and Kentucky Way. We have extended the sewer and the water from Victory Road. Up to the northeast corner of this 56 acres and it will be extended into this particular project. We will also be connecting over to Carbondale. There is an existing cul-de-sac. However, the right of way does extend to our east boundary and it was at the direction of Ada County Highway District that we make a vehicular connection there. Harris Street currently terminates -- Harris Street currently terminates -- it comes off Meridian Road, it is a half plus 12 collector roadway, with a future signalized intersection at the half mile, which also aligns with Cavanaugh Ridge. They were going to extend and match the Harris Street. Obviously, we don't meet the east - west warrants at this juncture, so it's going to be down the road. We have stubbed to the west and we will extend Harris Street as a collector roadway along our south boundary and Mr. Centers is now under ownership of the property to the south of Harris, so, then, we will swing Harris Street on south and westward eventually over to Linder Road. Now, the master street map for Ada County Highway District, your Comprehensive Plan indicates that Kentucky Way is a collector and Harris is a collector. Now, there are some homes that front on Kentucky Way and when it was done in 1995 we had what we called residential collectors, which even though they were a collector status they were allowed to have minimal front -on housing and that's what we have there. In looking at the design, one of the things that I was cognizant of was, okay, connecting to Kentucky Way what can we do to slow our traffic down. So, it's what we -- one of the measures that -- that we took was to come in with an island where we make that connection, so that we choke that 36 back-to-back collector down to 21 back- to-back on each side of the island. Those islands they create a sense of place, so people will know that they are transitioning into a different development. Also will slow the traffic. We added additional landscaping along that -- that entrance road so we can do some nice entryway features, but also that landscaping and detached sidewalks will create a sense that this is a neighborhood, you need to slow down. We didn't want to make a street connection to Kentucky Way, so we angled that collector roadway and we T'd it in with Harris and, then, when I designed the property to the south I anticipate probably doing a little bit of an offset and so that we have that north -south collector interconnectivity between Amity and Victory, but that it's not a thoroughfare created kind of a de facto arterial. We are doing the same thing when we extend Harris, we are dropping it to the south and, then, I'm going to T in from Linder creating the same atmosphere, because we don't want the traffic or the people -- the vehicles to think that these are a collector like Stoddard, but the fact that they are a neighborhood collector. We created loop streets. We have our primary open space along the collector in the Meridian City Council May 6, 2014 Page 46 of 66 mid section of this particular project. We will have playground equipment and benches and landscaping. As far as our lot sizes we are cognizant of the fact that it was important for the City Council when I brought through the annexation that the lots that adjoin Kentucky Ridge be a minimum of 10,000 square feet. So, when I designed this there are no lots under 10,000 square feet that adjoin Kentucky Ridge. They are all over. I also took measures to drop this street down, so that the lots where houses aren't all in alignment, but we have offsetting homes and create more backyard. So, I put my deeper lots there. I used this knuckle here so that we are not stacking a whole row of lots adjoining Kentucky Ridge, but putting those lots back. So, you know, we have taken into consideration what's existing and how can we match into it. In comparison to Kentucky Ridge as far as the density, our density is 3.56 dwelling units per acre. They are at 3.81. Meridian Heights is at 4.8. So, we are the lowest as far as the density is concerned. Our minimum lot size -- we have no lots under 8,600 and our average lot size is over 11,000 square feet. We feel that this is a great development. It's going to have detached walks with landscaping. We have the pipe -- Williams pipeline that traverses the southwest corner. We will construct the multi -use pathway and the greenbelt. That will be the first leg of that in this particular section. We are working with the city, the Public Works Department, as far as a well site and we have identified a well site adjoining Harris Street. We have prepared exhibits and we are working on a lease agreement so the paperwork can begin at Idaho Department of Water Resources. Mr. Centers obviously has participated in extensions of these utilities and he has participated to close to 800,000 dollars to -- for the hook-up fees for Kentucky Ridge and Meridian Heights, so that we could, obviously, bring this area into the city and onto central services and so as far as financial participation, he has gone above and beyond any developer that I have ever worked for in trying to make sure that his development not only benefits himself, but benefits the community as a whole. Do you have any questions that I could answer? De Weerd: Council, any questions at this time? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: What's the phasing of construction of the open space, the park and the connection to Harris Street? McKay: Madam Chairman -- or Madam Mayor and Councilman Rountree, phase one will be this area here. I believe we have approximately 29 lots. It's a small phase. We will extend Harris, come in, make that Carbondale connection. Right now there is one way in to Kentucky Ridge and that's Kentucky Way. So, this will create a secondary access for this -- this area. We will also be stubbing to Mr. Hansen's property at this location. Second phase will be an additional extension of the collector roadway and it will be this area here. I have at this time the primary open space in phase three. So, Meridian City Council May 6, 2014 Page 47 of 66 the extension of Harris and the connection of Kentucky Way to Harris and our primary open space will be in phase three and so phase one and two they are both small phases and, obviously, based on the pace of the market at this time phase three could come upon us faster than we anticipate. Last phases will be phase four and phase five on the west side. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Becky, did you have the opportunity to see the written submission of the Kentucky Ridge homeowners association that was sent in? McKay: I saw some information that was sent to the Ada County Highway District commission. I did read through it. Bird: This is ACHD and Meridian City Council, so you -- McKay: Yes, I did. Bird: Okay. Just wanted to make sure you have seen it and you address the issues. McKay: Thank you. Bird: Thank you. De Weerd: I guess what came up in an earlier application is the need for a collector in this area and there is concern again similar to the previous application about connecting through roadways that weren't necessarily designed for the kind of traffic that now all of a sudden it's having in particular in these county subs that have no curb, gutter and sidewalk. Since you're not doing Harris Street until the third phase, you are going to be impacting the South Kentucky Way I think it was and wanted to know if you will be doing any improvements on that to help with the safety in that area and what -- what plans, if any, you have discussed with that HOA. McKay: Madam Mayor, to answer your questions, this -- this was discussed at length before the Ada County Highway District commission here just a -- just a few weeks ago. I gave them the history. I was around when Kentucky Ridge came through in 1995 as a county subdivision connecting to their community water system and their existing sewer lagoons. Mike Preston was the applicant, the engineer, and there was discussion about Stoddard should be aligned with and that would be the collector roadway coming into this particular section. Mr. Preston made an argument that based on Victory roadway, the curve that is to the east, there was an existing home there that Mr. Sabala's mother- in-law or something, they did not want the road -- the collector roadway to go by her house, so the county and the Ada County Highway District went ahead and moved that collector roadway to the location that Kentucky Way is right now and since your 2001 Meridian City Council May 6, 2014 Page 48 of 66 Comprehensive Plan it has been shown as the mid mile collector that would go from Victory to Amity and every comp plan -- because I went and I looked back before I went to the ACHD commission, every comp plan since that 2000 1 believe '1 shows it and when Ada County Highway District did their master street map they showed it. COMPASS map, checked that one, it's shown as a collector. It was known from that day that road was built that it would be a collector roadway into the interior of this section, because you have the Ridenbaugh Canal that runs parallel with Victory and, then, crosses it diagonally. Now, Ada County Highway District staff -- we also did a traffic study. We had used Six Mile Engineers, who ACHD uses, to do a lot of the work for themselves. Highly respected. I sent them an e-mail and it said I want you to look at these issues, the safety of Kentucky Way, the grade, the site distance, the number of vehicles. These are the concerns that were expressed at my neighborhood meeting. I had two neighborhood meetings. Six Mile came back to me and said there are no issues with Kentucky Way. It is well under its capacity. ACHD staff indicated that it's there like, what, handful -- it's a handful of trips on it at this time and that it doesn't warrant any widening. Obviously, they promised the neighbors -- they said with the new middle school going in on Stoddard -- I guess the bond issue is going to take place here shortly, we could get Kentucky Way on our list as far as improving access to school and go in and do some improvements to it. But as far as off-site improvements, the numbers do not support it. It has the capacity, I believe ACHD said, of 5,000 vehicle trips per day and it's well under a thousand. Revolution Ridge will put more traffic on Kentucky Way than we will, because we have alternative points of access to Carbondale, which leads out to Meridian Road and to Harris, which also leads out to Meridian Road. So, when the ACHD commission looked at it they said based on the policy manual it isn't even at a local street threshold, so there are no safety issues. There are no existing problems. So, we cannot make Mr. Centers improve it when it's not warranted. De Weerd: Do they only look at safety of cars? I mean there is something that needs to be said about safety of pedestrians and bicyclists and you brought up the point that the middle school will be built at some point. I don't know if the bond passes this time, sooner rather than later, but it is going to be built and will be, by approving this, you know that those kids are not going to go out on Harris and walk down a busy freeway to, then, go over to Stoddard and walk to the middle school. They are going to walk down South Kentucky Way to get to school and I can't see how ACHD can say South Kentucky Way will be safe for pedestrians and bicyclists when there is no curb or gutter or sidewalk. McKay: Madam Mayor, what Ada County Highway district commissioners indicated to me was that the developer of Revolution Ridge agreed to construct sidewalk on the east side of Kentucky Way. De Weerd: From their point of entry on down, but that doesn't bring it clear to where your development will be started, does it? Meridian City Council May 6, 2014 Page 49 of 66 McKay: Yes. I believe there is existing sidewalk on the south portion. The lack of sidewalk is only on that north leg. Bird: It's on the west side, too. McKay: Yeah. Bird: We didn't -- we did not make them do that. McKay: And I guess the problem that we run into is a design issue, Madam Mayor. De Weerd: Uh-huh. McKay: When these sections -- when these streets are designed as a rural section, the drainage just sheds off from the crown and goes into like gassy swales, borrow ditches, whatever the case may be. If you construct curb, gutter and sidewalk, then, you have to put that drainage in some type of drop inlet, sand and grease trap, and pipe it somewhere. So, to go in and retrofit it is only almost impossible as a private entity to go retrofit these, because where do you put the drainage, because your property may be uphill, as Mr. Centers is. Ada County Highway District, however, they have the ability, because they will make improvements to Victory over time. It is in the CIP to make improvements to it, then, they can create some storm drain facilities, which, then, will facilitate the curb and gutter on that north leg of Kentucky Way. I have some photographs that -- oh. I will grab them and bring them to rebuttal. They are in my file. De Weerd: Okay. McKay: And I do have them electronically, too. I took them to the Commission meeting. De Weerd: If you can get them to Sonya, then, we can show them on the overhead when you come up. Any other questions for Becky at this time? Rountree: No. Thank you. De Weerd: I'm sure there were people that were signed up, but I will ask you whoever wants to testify come on up. Madam Clerk, do we have a sign-up sheet? I think the sign-up sheet disappeared with someone's paperwork, so we are casual. Come on up when -- and you're the HOA -- Hamilton: I am Tamera Hamilton and I -- I am the HOA president for Kentucky Ridge Estates. De Weerd: Okay. Thank you. Meridian City Council May 6, 2014 Page 50 of 66 Hamilton: My address is 3496 South Arcaro. First of all, we would like to thank Biltmore for having those two neighborhood meetings. It really did help ease our minds. However, we do have a couple of more suggestions and we would like to present those to you all tonight. Kentucky Way is going to be Biltmore Estates main entrance and exit until phase three, as she -- as Becky had mentioned and to our knowledge initially when we asked how long the phases will take to be built she did indicate that they could be a year or longer, which means if -- if that is true that it will be three plus years before they actually have their own entrance and park area and to us simply because the -- the existing road that is Kentucky Way out to Victory, you can see that right now it's just grass and fencing and as she mentioned Revolution Ridge has -- has promised to build sidewalks from this sidewalk here on Kentucky Way that's very close to Riodosa and so it will continue on around this curve to meet up with Victory. Our -- our primary concern is we don't feel that that is enough to make it safe for our pedestrians. It will be an off- road sidewalk, but I believe adding curb and gutter will also make that a bit more safe, it will guarantee that the drivers will know exactly where the road is and not veer off possibly to a sidewalk when we do get snow and that has happened where people have hit our fence before, which seems rather hard to believe, but it has happened. We also feel like that these subdivisions that are coming in, as long as they are willing to work with us, we are willing to make compromises, but we feel like safety is not one of those compromises that we should make, especially when it comes to our children and people that will access those sidewalks. And as she also mentioned there will be a vote come May 20th for the new middle school that will make us within walking distance of the school and right now it is not safe. Victory is not safe. It does have borrow ditches on both sides of Victory and so we are concerned that, yes, ACHD will come in where needed to hopefully build a proper sidewalk and curb and gutter to assure our children's safety there, but we also need that assurance within our neighborhood and we feel like these subdivisions that are coming in, although we are not opposed to development, should help and improve those roads, because they will be using them primarily for the first three years and we feel that the taxpayer dollars should be utilized later on when it becomes necessary that those curb and gutters should have been done in the first place. Like I said, our primary focus is safety and so by -- by adding the curb and gutter will help would with our children's safety, as well as any pedestrian that's utilizing the sidewalk. If -- if you decide that that's not the course of action that you would like them to take, we would propose that -- that their entrance be built in phase one at the very latest phase two. I think we would still provide connectivity, which is what ACHD wants and we would all like as well, but it does reduce the traffic on Kentucky Way and -- and make -- just makes it safer for our park, our children that are walking to school, and also driveways that empty out onto Kentucky Way. As you can see, the differences between Biltmore and Strada Bellissima, we feel that Biltmore, the way it's designed, although it's a nice sweeping curve, still will feel like a thoroughfare versus if you use a T intersection, such as they use at Strada Bellissima, it has a better impact of slowing and calming that traffic versus an island. This would also give them a chance to put a small signage, rather than a larger sign to enter into Biltmore Subdivision. It -- it just has a better -- I think I have gone through neighborhoods that have a T intersection and they definitely make you slow down. You don't -- you can't just zoom through or go around an island easily, you have to maybe stop and make the turn or know where you're Meridian City Council May 6, 2014 Page 51 of 66 going. So, our request is that you keep our neighborhood safe and keep all the suggestions that may be used in Kentucky Way. It sounds like it could be quite a few school children by the time these subdivisions are built out and I think it's important that we keep those things in line. He would love to see a change of Kentucky Way and have that traffic truly calmed with a T intersection or something like it and, then, we feel that today is the best time to take into consideration future changes that will happen to our city and we need your protection and oversight. Thank you. De Weerd: Thank you. Council, any questions? Thank you. Any other public testimony? Fisch: Good evening. De Weerd: If you will state your name and address for the record. Fisch: Rick Fisch. 3378 South Kentucky Way. De Weerd: Thank you. Fisch: Madam Mayor, Members of the Council, I just wanted to make a point of clarifying that in the resolution -- I don't know if it's a resolution -- a motion that was passed at the ACHD meeting, the Commissioner Jaurena did have a strong concern about improvement of Kentucky Way and I think that was included in his -- in his motion. That's all. De Weerd: Okay. Any other public testimony? Okay. Becky. McKay: Sonya, could you load that? So -- De Weerd: If you will state your name again for the record. McKay: Becky McKay. De Weerd: Thank you. McKay: Madam Mayor, as you can see on this aerial photo, the white mark -- where did it go? The white -- do you see the white lines on the aerial photo that's overlaid adjoining us? That is curb, gutter and sidewalk and that extends all the way until the lot stop -- the resident -- or the urban sidewalks and, then, it transitions just to asphalt. Can I change it? I don't have a -- this is the subject property. As you can see it is elevated above Kentucky Ridge. That shows you the street typology, drawings showing Kentucky -- it didn't -- there is Highway 69. There it is. Right there. This is your future collector map. It shows it, too. I had those highlighted, but it's not showing up on here. And this is what we are working on in the future is the remainder -- why is that not doing it? There we go. This is what we are working on is the remainder property to, obviously, design the collector. It sewers in a different direction out to Linder and north Meridian City Council May 6, 2014 Page 52 of 66 to your trunk that's currently at Fall Creek. So, that's why this project has to be done in different steps, because it sewers in two different directions. Go to the next one. I think that's it. Yes. As far as the current traffic count on Kentucky Way that was taken this year, there are 465 vehicle trips per day on it. A standard local residential -- single family residential street, we try to keep them at a thousand. Existing local streets are allowed to go up to 2,000. A residential collector is 5,000 trips per day. It will have -- if you calculate -- include Kentucky Ridge -- or Kentucky Ridge's existing traffic, Revolution Ridge and Biltmore Estates, the total traffic generated at build out on Kentucky Way will be 1,849 vehicles trips a day. Well under the 2,000 that a local street can handle. Sonya, do you have an aerial? There we go. So, the curb, gutter and sidewalk extends, I believe, to where -- where the urban residential stops and there is -- there are no more houses, other than these estate lots and that's -- so, yes, there is curb, gutter and sidewalk and Revolution Ridge will build another stretch of sidewalk on that east side and that was the preference. I would also like to mention this particular project will pay 480,000 dollars in impact fees to Ada County Highway District alone. Now, they indicate to me, well, since Kentucky Way is an existing collector under the rules of the impact fees, we can't take those dollars and earmark them for upgrade of Kentucky Way. But I mean, nonetheless, that's 480,000 dollars in ACHD's kitty that will be generated by our development. We think we have got a great project. It's low density. It's larger lots. The homes that we are looking at are upper mid range I would categorize them. Mr. Centers is excited. He's put out 1.3 million dollars and doesn't even have one lot in the ground and we don't see that very -- very often. He has been generous and good to work with on this particular project. Finally, the only comment as far as the staff report is concerned -- Sonya did have a comment about pedestrian paths. We added all the pedestrian paths as requested, except for one pedestrian path -- I believe it was in Block 4 where our measurement at the mid section of this block is exactly 750 feet. So, we don't believe that we need a pedestrian path to break the block if we are -- don't exceed 750. The other comment concerning the conditions was on the water modeling, we have been working with Kyle on the future city well site and I think Kyle has modeled it. There is a reference to an elevation of 2,700 that the city can serve off of the existing capacity and I think Kyle -- Kyle's looked at that and it is beyond the 2,700, but it does not -- we can only bring on the phases that you can provide adequate fire flows to based on the current flows out there. So, we just wanted to, obviously, make that -- we were concerned about that number 2,700 being in stone, since it was referenced specifically in the condition. Other than that, we are in agreement. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council May 6, 2014 Page 53 of 66 Rountree: Becky, what's -- what's the name of the southern most street that would go out towards Meridian Road? Is that Carbondale? McKay: The northern most street? Bird: The southern. Rountree: Southern. McKay: Oh. Harris. Rountree: So, that -- so that goes over and hooks up into Harris. So, it would be Harris continuing? McKay: This will be a continuation of Harris. Yes, sir. Carbondale is located at the northeast -- Rountree: That's Carbondale. McKay: That's Carbondale. And Carbondale does loop out to Meridian Road. Rountree: Yeah. McKay: And so -- and Harris -- eventually it will be signalized. I'm hoping if Hawkins ever moves forward on their commercial site, they warranted the signal. When Cavanaugh makes their half mile, mid mile collector that they are required to make under their DA, then, that will help us meet that ITD warrant. De Weerd: So, Becky, when do you connect to Carbondale? McKay: Phase one. De Weerd: In phase one? McKay: Phase one. De Weerd: And they have to go out to Carbondale to Bloomington -- McKay: And Meridian Road. De Weerd: And, then, to Meridian Road. McKay: Yes. De Weerd: Who has the two lots once you get off of South Kentucky Way on Victory Road to get to Stoddard? Meridian City Council May 6, 2014 Page 54 of 66 McKay: I believe Mr. Fisck and Mr. Sabala. Bird: Yeah. McKay: And, Madam Mayor, if I may say, I -- I did have to provide a concept on Mr. Hansen's property to demonstrate to them that the sewer alignment would fall within future public streets and would not be a detriment to their property and I did put an access in alignment with Stoddard, which was like a half plus 12 and we had it shifted a little bit to the east, because we can shift the center line up to a maximum of 12 feet. They don't have to be in direct alignment, although that is preferred. So, when the Nansens property develops there would -- could be another connection to Victory in addition to Kentucky Way. De Weerd: Well, I will just tell you I'm still concerned about the safety of kids getting to middle school on Stoddard. I understand from our previous application that many parents continue to drive their kids to school and if you're ever to break that -- that habit you have to give kids a way to get to school safely. Getting them to Victory Road seems that with the sidewalks in the subdivision along Kentucky Way and with extension of the sidewalk to Victory Road you still have a very busy road on Victory Road to get them to Stoddard. We have had this scenario before where we are setting up an unsafe situation and I know it's off-site improvement, how do get kids to school safely, but if you ask me, one of the biggest responsibilities this Council has is public safety and it is going to be how to get those kids to school and encourage them to walk. But you're not going to encourage them to walk when you have no safe way to get there and they do have existing sidewalks in Bear Creek, so it's trying to figure out how to get them there. We can't change it for the existing residents, but there should be a plan -- and I don't know if ACHD has it yet, but as we add new -- new residents and new opportunities for students that -- to want to get to school, that has to be a consideration from this Council. McKay: If I may -- if I may comment, you guys have an existing multi -use pathway that's ten foot wide that was built in Bear Creek at the southern boundary of Victory. It runs over to Stoddard and, then, we are building multi -use pathways down Stoddard along the frontage of Fall Creek and -- which leads directly to the new middle school and, then, we are also building it along one side of our collector roadway all the way to Linder. De Weerd: And how is that going to connect to this development? McKay: It's right across from Victory. Your multi -use pathway -- see in the comment, is visible right -- right at Victory. De Weerd: And how do you get them from Kentucky -- South Kentucky Way to Stoddard, to -- to the pathway? Meridian City Council May 6, 2014 Page 55 of 66 McKay: You would have to go down Victory. You have got to work your way down Victory and I guess Ada County -- with the extension of the sidewalk all the way down to Victory, matching up to the existing walks that's going to be down by Revolution Ridge, that will take you -- get you down to Victory. Now, as far as getting from Victory over to Stoddard, ACHD is the only one that can solve that problem and they indicated with the new middle school plans they will have to reevaluate this area and create safe routes to school for the pedestrians and the bicyclists, so -- I mean it's not something I can solve. If -- I mean there -- we have gaps in our walk all over on the arterial, because there are section line roadways. So, I don't -- I mean I don't understand -- I guess, you know, the only way to solve it would be to earmark dollars paid in impact fees for those upgrades, which that would be sweet, because, then, you would truly be mitigating your impacts on the transportation system with the monies paid. But my understanding is that's now it works. It can be spent anywhere in the district. So, I guess that -- that's something that needs to be discussed. We used to have at least zones where those dollars would stay within the zone -- I mean that's -- that's not the case. They eliminated those. De Weerd: Well, I will use a phrase that one of these Council members used to say often. Rountree: Don't give me credit. De Weerd: I'm not in a hurry. If you can't set up a safe situation, wait until you have the assurances from Ada County Highway District that you will have a safe situation. That is my concern. Any other questions from Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Harris Street, does it currently connect to Meridian Road? I'm not familiar with that -- McKay: Yes, sir. Rountree: -- piece of terrain, so -- McKay: Yes, sir. Rountree: And how far back -- McKay: It currently connects straight out to Meridian Road at the half mile. It is like half plus 12. Rountree: So, it's -- it will be -- it will be the point of signalization? McKay: Yes, sir. Meridian City Council May 6, 2014 Page 56 of 66 Rountree: And does it go to the depth of the existing subdivision to this parcel or does it stop at that one subdivision street furthest west? McKay: No, sir. It abuts our -- this property. So, we can connect to the existing roadway improvements and right of way and extend westward. Rountree: And it's my understanding that that property is all under the ownership of Centers, so -- in fact, that will ultimately be what is widened and -- McKay: Yes, sir. Rountree: -- put in a -- McKay: We will have to build a full residential collector. Rountree: And the build you're saying for that is in phrase three? McKay: Yes, sir. Rountree: What I'm going to ask is that the right way for that, in anticipation that phase three never happens, be provided to ACHD, so we don't get stuck with what we get stuck when the market goes south on some of these things and we can't get people around. McKay: Madam Mayor, Councilman Rountree, I believe Ada County Highway District had a condition that a deed restriction be recorded, so they could be assured that the Harris Street right of way going westward would be constructed as shown in their master street map in the event that the property ever were to change hands. Rountree: Okay. McKay: So, ACHD has -- beat you to it. Rountree: Good. Takes care of my concern. McKay: Okay. Rountree: Thank you. De Weerd: Okay. Any other questions for the applicant? Okay. McKay: Thank you. Borton: Madam Mayor? Meridian City Council May 6, 2014 Page 57 of 66 De Weerd: Mr. Borton. Borton: If there is no additional information needed, I would move that we close the public hearing on Item 7-E, PP 14-004. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-E. All those in favor say aye. MOTION CARRIED: FIVE AYES. ONE ABSENT. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: I'm comfortable with the plat and the applicant's comments in regards to the staff conditions that this is proceeded phasing and the balancing of the interest still makes me feel comfortable that this plat's appropriate. It may become a motion, but for right now it's just my comment. De Weerd: I guess I will just give -- I think you already know my concern about the safety in that area for anyone on foot or on bike. Getting them to Victory and completing that last leg along Victory to connect to another safe place is, in my opinion, paramount. We learned this during our high growth period and where they are putting schools without adequate infrastructure to get kids safely to school, we keep saying we have learned from our -- our past mistakes and I feel that if we don't have an answer to this before getting more kids in that area we are going to define insanity. So, we know that there are going to be off-site connections in many places, but I do think it is our responsibility to see how to make those connections and to work with the appropriate -- if the developers cannot get it done, that they need to work with the responsible agency to make sure there is a commitment when that hazard, which is a school, is -- is built, that that connection is there and that's my two cents worth. I think this is a great development and you can see that by -- that we don't have a room full of people, that this will compliment some of the development that is already there, but with that said it also presents something that we need to insure that we don't endanger and set ourselves up for a -- a serious problem. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I am very concerned about the safety of kids walking to school and stuff and it only took them 46 years to get sidewalks to my place, but I don't feel that this subdivision is the cause of it. I think what we need to do is -- like we should have done at Sawtooth, before we allowed the school district to put the school in out there, we Meridian City Council May 6, 2014 Page 58 of 66 should have made sure that they went to ACHD and got that stuff taken care of. This subdivision's plan -- a pretty good set of impact fees to ACHD and ACRD, to their credit, has done two or three safety school projects, because of yourself and the Council asking to get it done and they have done it. So, I don't -- while I know this is going to create the stuff that -- when they get ready to put that school in, that's when -- that's when we need to make sure that all pathways to that school is safe out of here. They are getting it down to the road. Now the school and us and ACHD, they get it from theirs to the school. That's my first statement. Madam Mayor? De Weerd: Mr. Bird. Bird: I'm not going to sit here all night and look dumb. I can look dumb anytime. But I -- I move that we approve PP 14-004 and include all staff, applicant, and public testimony. Borton: Second. De Weerd: I have a motion and a second to approve Item 7-E. Any discussion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Would the maker of the motion include in that that the open area park be included in phrase two, as opposed to phase three? Bird: Maker, if the second agrees, would do that. Yes. It's right on the edge of phase two anyway. Borton: Second agrees. De Weerd: Okay. Any other discussion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Do we need to make any recommendation on the one block length that there was some question about, whether it was too long or not? Have a division in it or is the -- Watters: It's -- Zaremba: Okay. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 59 of 66 De Weerd: Mr. Bird. Bird: I believe that met the -- the 750 feet met the -- Zaremba: According to the applicant it was okay. Bird: Yeah. I didn't see Sonya having a heart attack. De Weerd: I hope we don't see her have a heart attack. Okay. Any other discussions? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Council, before -- staff, I guess, before we move into department reports, I will have -- I know we have a request to meet with the Ada County Highway District commission. We have to talk about connecting and safe routes to school and we have to do this prior to development and I am -- we have numerous examples of where we have failed in this area. We don't need to keep doing that. So, if you will put that also on the agenda and, Ryan, I'm sure in your report tomorrow you will give a heads up. So, thank you. Item 8: Department Reports A. Public Works Department: Budget Amendment for FY2014 in the Amount of $175,000.00 for Waterline Extensions De Weerd: Okay. Under Item 8, Department Reports. 8-A is under our Public Works Department. I will turn this over to Kyle. Radek: Madam Mayor, Council Members, this budget amendment is for 175,000 dollars to fund two projects. The first project is the Waltman Lane water line extension. This project was designed at the end of the last fiscal year and was intended to be built this fiscal year. We budged for three projects and the two projects that were -- not more important, but more urgent than this project, came in over our budget and took that water line extension money that Waltman Lane needs. Waltman Lane has been bid out, so we know exactly how much we need for it, so that's 75,000 we are requesting for that project. The second project is the Locust Grove, Black Rock to Reflection Ridge project, and this project is scheduled for construction in 2015 and we were intending to design it in 2015 as well. We have done some pre -design and come to the realization that the project will be a little more complicated than our average water line extension project, requiring a little more design time, so we would just like to start designing early Meridian City Council May 6, 2014 Page 60 of 66 on this project, so we would like to move to the design forward is the reason for the -- for the funding for this project. With that I will stand for any questions. De Weerd: Thank you, Kyle. Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Kyle, I take it that the second phase -- the second -- the design is going to be about 101,000 for the design? Because you're asking for 175 and 74 of it is for Waltman? Radek: Council -- Councilman Bird, the Waltman Lane project bid out at -- Bird: Seventy-four thousand -- Radek: -- 74,770 dollars, so that would leave us 330 dollars extra, if you will. It seem like a budget amendment for exactly that amount was absolutely necessary -- Bird: No. Radek: -- and we are not going to -- we are not going to give the contractor 330 dollars if he doesn't deserve it, but we -- you know, I don't mind having 330 dollars extra in the 800,000 dollar budget just in case it is needed. Bird: I'm glad you do, because that -- but I'm talking about the 175,000 that we are asking for right now. We are not -- we are not talking about the contract. You told me part of it was for Waltmans, which is 75,000. Radek: Seventy-five thousand. Yes. Bird: Okay. So, 100,000 for design of this other project? Radek: That's correct, sir. We actually have a task order, scoped it with JUB Engineers and their -- their design estimate was 94,000 and it gets a little higher than you would normally expect. It's -- it's about 20 percent rather than ten percent of the project, estimated construction budget. But it is a large project we expected to be 500,000, so it's not totally out of line. Bird: Okay. Kyle -- and this is -- this is a broken record. But why are all our contracts coming in over budget? Are we getting bad estimates out of our professionals or what? Radek: Councilman Bird, there is a couple reasons. The first and foremost reason is that when we ask you for budget, we are about a year, maybe a year and a half away from constructing the project. We don't have a design estimate from our -- from our Meridian City Council May 6, 2014 Page 61 of 66 consultants and sometimes we don't know what the project is. For example, the -- one of the project that went over -- over the budget we requested was the -- the utility improvements in conjunction with the Ustick Road, Locust Grove to Leslie project. So, all we know when we come to you for the budget is that ACHD is doing the road project and we may know what the extent of it is and we may know when they are going to do it, but until we get into the design of the project with ACHD and we find out where that storm drain is and where they're putting curb and gutter and sidewalk and the extent of their -- of their improvements that we have to adjust for, we don't know exactly what we are doing for the project. So, in this case we have -- we budgeted 40,000 -- 50,000 dollars for the ACHD project, which came in about 80,000. We budgeted 450,000 dollars for the Locust Grove project, which came in at 500,000 and the Waltman Lane project, which we actually did a design on. The design estimate was 82,000 and the project came in at -- as you can see at 74,000 and some change and that's pretty good. And so when we are budgeting a year in advantage of the project and we don't quite know what the project is and we get within ten percent, I think that's pretty good. De Weerd: Any other questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On a similar subject, I -- it seems to me several years ago we went through a period where our estimates were high and we were getting bids that were much lower, just after the crash and I guess my -- my question is are we going through the converse and is what you're describing the fact that the economy is picking up and at the point that where you make the estimate -- between then and when we actually get a bid the economy has improved and the cost goes up? Radek: Councilman Zaremba, that's another point that I failed to mention is, yeah, we have seen some pretty crazy ups and downs in the -- in the contracting market. We have had -- we have had times when we have put out a bid and we would get one contractor bidding on it and we have had times when we put out a bid and we got ten contractors bidding on it, just because of the -- the atmosphere. We have a lot of busy contractors right now that don't need our work and when we put out a bid they -- they see a chance to make money or they see it -- you know, they don't need it, so they -- we are going to see higher prices and we have seen that lately. Zaremba: In a way that's good news for the economy, but it pinches a little bit. De Weerd: Any other questions or comments? Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council May 6, 2014 Page 62 of 66 Borton: With no further comment, I would move we approve Item 8-A, the Public Works Department budget amendment in the amount of 175,000 for the water line extension. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Approval of Award of Bid and Agreement to Paul Construction for the "Waltman Street Waterline Extension - Construction" project for a Not -To -Exceed amount of $74,770.00 De Weerd: Okay. Item 8-B is looking for approval of the award. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I would move that we approve Item 8-13, the award of bid to Paul Construction for the Waltman Street water line extension in an amount not to exceed 74,770 dollars. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: Oh, my gosh. I think that was approved. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 14-1603: An Ordinance (AZ 13-012 — Sagewood Subdivision) For Annexation Of A Parcel Of Land Located In The NW'/4 Of Section 24, Township 3 North, Range 1 West, Boise, Meridian, Ada County, Idaho, Establishing And Meridian City Council May 6, 2014 Page 63 of 66 Determining The Land Use Zoning Classification Of Said Lands From RUT And R-1 To L -O (Limited Office District) And R-8 (Medium Density Residential District) In The Meridian City Code; And Providing An Effective Date De Weerd: Item 9-A is Ordinance 14-1603. Madam Clerk, would you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1603, an Ordinance AZ 13-012, Sagewood Subdivision, for annexation of a parcel of land located in the northwest one quarter of Section 24, 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 required by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT and R-1 to L -O, Limited Office District, and R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and 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. De Weerd: You have heard this read by title only. Does anyone want to hear it read in its entirety? Rountree: They are leaving. Bird: Madam Mayor? De Weerd: You could say yes and, then, leave. Mr. Bird. Bird: I move that we approve 14-1603 with suspension of rules. Milam: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 14-1604: An Ordinance (AZ 13-016 — Southern Highlands) For Annexation Of A Parcel Situated In A Portion Meridian City Council May 6, 2014 Page 64 of 66 Of Section 32, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, More Particularly Described As Lots 16 And 24, Block 1, A Portion Of Lot 1, Block 4, A Portion Of Lot 1, Block 5, And A Portion Of Lot 1, Block 6 Of Blackrock Subdivision No. 1, And A Portion Of S. Eagle Road And E. Taconic Drive Right -Of -Ways, Determining The Land Use Zoning Classification Of Said Lands From RUT To R-4 (Medium Low Density Residential District) In The Meridian City Code; And Providing For A Waiver Of The Reading Rules; and Providing An Effective Date De Weerd: Item 9-B is Ordinance 14-1604. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1604, an Ordinance AZ 13-016, Southern Highlands, for annexation of a parcel situated in a portion of Section 32, Township 3 North, Range 1 East, Boise meridian, Ada County, Idaho, more particularly described as Lot 16 and 24, Block 1, a portion of Lot 1, Block 4, a portion of Lot 1, Block 5, and a portion of Lot 1, Block 6, of Black Rock Subdivision No. 1, on file in the office of the recorder, Ada County, Idaho, in Book 96, pages 12,003 to 12,008 and a portion of South Eagle Road and East Taconic Drive right of ways, the exterior boundary of which is more particularly 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, Median 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. De Weerd: You have heard this read by title only. Council, I don't see anyone who wants to hear it read, so do I have a motion? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1604 with suspension of rules. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call roll. Meridian City Council May 6, 2014 Page 65 of 66 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Council, any items for consideration under Item 10, Future Meeting Topics? Rountree: The one you mentioned, obviously. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Not a topic, but I regret that I will miss the workshop next week and just want to make sure we will have a quorum. De Weerd: Will everyone be here besides me? Bird: I will be here. De Weerd: I mean I'm not going to be here either. Only a comment for Mr. Zaremba. I did notice the air quality looked pretty bad in one of those pictures showed today. So, would you do something about that. Zaremba: I will do my best. De Weerd: Okay. Zaremba: We are going to test every car. Item 11: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: Council, I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? Meridian City Council May 6, 2014 Page 66 of 66 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c), (1)(f). Milam: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:26 p.m. to 10:38 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:38 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR MY DE WEERD DATE APPROVED OPTED A LIQ, ATTEST: 0`4° �sT� ° fy City a JAYCE L A Y C IDAHO s SEAL F � 9T 4P Fqo<<he TAE PS`"P� Meridian City Council Meeting c3 DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: PP 14-004 ITEM TITLE: BILTMORE SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 14-004 Biltmore Subdivision by L.C. Development, Inc. Located South of W. Victory Road and West of S. Meridian Road Request: Preliminary Plat Approval Consisting of 159 Single Family Residential Building Lots and Twelve (12) Common/Other Lots on 56.19 Acres of Land in 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 SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER ERIDIANt----,- 1� i 1 1 I "' In the Matter of the Request for Preliminary Plat Consisting of 159 Building Lots and 12 Common/Other Lots on 56.19 Acres of Land in an R-4 Zoning District for Biltmore Subdivision, Located South of W. Victory Road and West of S. Meridian Road, by L. C. Development, Inc. Case No(s). PP -14-004 For the City Council Hearing Date of. May 6, 2014 (Findings on May 20, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of May 6, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of May 6, 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 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). PP -14-004 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 6, 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 preliminary plat is hereby conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of May 6, 2014, attached as Exhibit A. A development agreement was required with the preliminary plat per the conditions of AZ - 13 -014. D. Notice 2014 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 preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11-613-713). 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-004 -2- (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of May 6, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-004 -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) Mayor Tam e Weerd Attest: �GO44o�Ten"Uc��s Jayc��ffohh n x City Clerk �Fy SEAL � day of VOTED P,�E VOTED A, -I(! VOTED 4 j e VOTED Nb' v't^ �- VOTED A4 C - VOTED A,-4 2 VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: City ler 'sf ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). PP -14-004 -4- EXHIBIT A STAFF REPORT Hearing Date: May 6, 2014 TO: Mayor & City Council awl FROM: Sonya Sonya Watters, Associate City Planner 1 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: PP -14-004 — Biltmore Subdivision L SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, L.C. Development, Inc., has submitted an application for a preliminary plat (PP) consisting of 159 single-family residential building lots and 12 common/other lots on 56.19 acres of land in an R-4 zoning district for Biltmore Subdivision. See Section IX of the staff report for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed PP application 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 this item on April 3.2014. At the public hearing, the Commission moved to recommend approval of the subiect PP request. a. Summary of Commission Public Hearing: i. In favor: Becky McKay, Applicant's Representative ii. In opposition: Bill Hansen iii. Commenting: Tamara Hamilton; Val Hill; and Fred Tillman iv. Written testimony: Becky McKay, Applicant's Representative; and Mark & Christine Freeman v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. Traffic impacts on S. Kentucky Way; ii. The timing for a traffic signal at the Harris Street & Meridian Road intersection: and iii. Connection to S. Carbondale Place, the stub street/cul-de-sac in Meridian Heights Subdivision, at the northeast corner of the site. c. Key Commission Change(s) to Staff Recommendation: i. Modify condition #1.1.1e to allow the existing home in phase 2 to remain until signature on the 2nd phase final plat by the City Engineer; ii. Modify condition #1.1.8 to allow for ditches to remain open if used as a water amenity or linear open space in accord with UDC 11 -3A -6A; iii. Add new conditions requiring the applicant to install a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9 to connect into the water main required in the proposed Revolution Ridge subdivision to the north; and include an easement on the plat for the water main (#1.1.2b & #2.1.4). d. Outstanding Issue(s) for Citv Council: i. None Biltmore Sub PP -14-004 PAGE 1 EXHIBIT A The Meridian City Council heard these items on May 6 2014 At the public hearing the Council approved the subject PP request .a� Summary of City Council Public Hearin: L In favor: Becky McKay —ii In opposition: None Commenting: Tamara Hamilton: Rick Fisch iv. Written testimony: Kentucky Ridge Homeowner's Association y, Staff presenting application: Sonya Watters vi. Other staff commenting on application: None L Key Issues of Discussion by Council: L The phasing of construction of the park and the connection to Harris Street• jis The safety of pedestrians and bicyclists on the northern portion of Kentuckv Way, an existing collector street, that was designed as a rural section without curb, gutter or sidewalk; and iii. The safety of kids getting to the future middle school on Stoddard Road c Key Council Changes to Staff/Commission Recommendation i. Council added a condition requiring the park to be constructed with phase 2 of the development rather than phase 3 (see condition #1.Lf in Exhibit Bl ii. Council modified condition #1.1.2a to delete Block 4 from the pathway requirement because the block meets the required dimensional standards in UDC 11 -6C -3F without pathway (measured from the rear of the lotsl. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number PP -14- 004, as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number PP -14-004, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number PP -14-004 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 south of W. Victory Road and west of S. Meridian Road, in the north %2 of Section 25, Township 3 North, Range 1 West. (Parcel #: S1225131250; S1225131300; S1225131350; S1225131400; and S1225233900) B. Owner(s): L.C. Development, Inc. P.O. Box 518 Meridian, ID 83680 Biltmore Sub PP -14-004 PAGE 2 EXHIBIT A C. Applicant: Same as owner D. Representative: Becky McKay, Engineering Solutions, LLP 1029 N. Rosario Street, Ste. 100 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 a 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: March 17, and 31, 2014 (Commission); April 14, and 28, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: March 6, 2014 (Commission); April 11, 2014 (,City Council) D. Applicant posted notice on site(s) on: March 23, 2014 (Commission); April 25, 2014 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential properties, zoned R-4. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Rural and urban (Kentucky Ridge Estates) residential properties, zoned RUT in Ada County and R-4 2. East: Residential properties (Meridian Heights), zoned R-4 3. South: Agricultural property, zoned RUT in Ada County 4. West: Rural residential/agricultural property, zoned RUT in Ada County C. History of Previous Actions: This property was recently annexed with the Victory South application (AZ -13-014, Ordinance No. 14-1594). D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the subject property is currently under construction through the Hansen property between Meridian Heights and Kentucky Ridge Subdivisions. 2. Location of water: Domestic Water service to the majority of the subject property does not currently exist, and is dependent on the establishment of Pressure Zone 45. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. 3. Issues or concerns: Domestic Water service to the majority of the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. To establish Pressure Zone #5, two new water sources will be needed, one of which must be a municipal well source, and the other can be from interconnecting pipes to other Pressure Zone #5 piping. The Public Works Department is in the early stages of planning a FY 2016 Biltmore Sub PP -14-004 PAGE 3 EXHIBIT A Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for a connection to this pipeline. Due to the elevation and pressure zone issues, the northeast portion of this proposed preliminary plat is the only area that will be able to be developed without the establishment of Pressure Zone #5. Detailed water modeling analysis will be required of final plat phases in this area to determine how much can be served by the existing Pressure Zone #4. The balance of the proposed development will not be able to be developed until such time that Pressure Zone #5 is established as stated above. E. Physical Features: 1. Canals/Ditches Irrigation: The Sundall Lateral runs off-site along the west boundary of the site; other ditches run north/south and along the northwest portions 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) (16+/ -acres) and Medium Density Residential (MDR) (40+/- acres) 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 MDR designation allows smaller lots for residential purposes within City limits. Uses may include single-family homes at densities of 3 to 8 dwelling units per acre. The site is currently zoned R-4 which allows a maximum gross density of 4 dwelling units per acre. The proposed plat depicts an overall gross density of 2.83 dwelling units (d.u.) per acre, with a net density of 3.56 d.u. per acre, consistent with the R-4 zoning and LDR FLUM designation for this site. The proposed gross density is lower than anticipated for the MDR designated area. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "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 low density residential development will contribute to the variety of housing options located within the City. • "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 and W. Harris Street, both residential collector streets, in accord with the standards listed in UDC 11 -3B -7C. Separate permits shall be obtained for signage and fencing. Fencing shall comply with the standards listed in UDC 11-3A-7. Biltmore Sub PP -14-004 PAGE 4 EXHIBIT A • "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.01F) The proposed 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 5.78 acres of qualified open space/common area to be provided on the site in accord with the standards listed in UDC 11 -3G -3B. • "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties (stub streets). (3.03.020) The proposed plat depicts stub streets to the north, east, south and west for future extension and interconnectivity. The proposed plat also depicts a connection to the existing stub streets, S. Kentucky Way, and W. Harris Street. • "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 north, west, and south. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) City sewer service will be available to this site upon completion of the sanitary sewer currently under construction across the Hansen property between Kentucky Ridge Estates and Meridian Heights subdivisions. Domestic Water service to the majority of the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. To establish Pressure Zone #5, two new water sources will be needed, one of which must be a municipal well source, and the other can be from interconnecting pipes to other Pressure Zone #5 piping. The Public Works Department is in the early stages ofplanning a FY 2016 Capital Improvement Project to construct a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for a connection to this pipeline. Due to the elevation and pressure zone issues, the northeast portion of this proposed preliminary plat is the only area that will be able to be developed without the establishment of Pressure Zone #5. Detailed water modeling analysis will be required of final plat phases in this area to determine how much can be served by the existing Pressure Zone #4. The balance of the proposed development will not be able to be developed until such time that Pressure Zone #5 is established as stated above. 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 Biltmore Sub PP -14-004 PAGE 5 EXHIBIT A single-family 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: This property was part of the Victory South annexation that was processed as a "Category B" annexation. One of the provisions of the Declaration of Consent to Annexation is that the property may not develop (or receive development approval) until such time as the property owners and the City execute a Development Agreement (DA). Therefore, in compliance with this provision, staff recommends a DA with the provisions contained in Exhibit B of this report. The DA is required to be approved by City Council and recorded prior to submittal of a final plat application. PRELIMINARY PLAT The proposed preliminary plat consists of 159 single-family residential building lots and 12 common/other lots on 56.19 acres of land in the R-4 (low density residential) zoning district. The minimum lot size proposed in the development is 8,640 square feet (s.f.) with an average lot size of 11,020 s.f.; the minimum lot size adjacent to existing lots in Kentucky Ridge Estates is 10,000 s.f. The gross density is 2.83 dwelling units per acre with a net density of 3.56. Existing Structure(s): There are three existing homes and accessory structures on the site that are proposed to be removed. All structures on the site are required to be removed prior to signature on the final plat by the City Engineer. 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 north block faces of Blocks 4 and 5 measure 822 feet and 867 feet respectively and exceed the maximum block length allowed. Block 3 also exceeds the maximum length; however, there are existing residential lots that abut this block to the north with no street connection to the site. The UDC does allow for the block length to be extended to 1,000 feet when a pedestrian connection is provided in certain circumstances. Therefore, staff recommends a micropath is provided centrally within Blocks 4 and 5 to provide access to the park in Block 7. Access: Access to this site is proposed on the plat from the north via S. Kentucky Way, a collector street in Kentucky Ridge Estates Subdivision; from the east via S. Carbondale Place, a local street in Meridian Heights Subdivision; and from the southeast via W. Harris Street, a collector street. A stub street is proposed to the west and to the north for future extension. To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Biltmore Sub PP -14-004 PAGE 6 EXHIBIT A Section D107.1. The two entrances should be separated by no less than ''/z the diagonal measurement of the full development as set forth in International Fire Code Section D 104.3. A Traffic Impact Study (TIS) was submitted by the applicant for this development. Comments have not yet been received from ACHD on this application. 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. Williams Gas Pipeline: A 300+/- foot long section of the Williams Pipeline crosses the southwest corner of the site. The Williams Pipeline is a natural gas pipeline that serves as a primary artery for the transmission of natural gas to the Pacific Northwest and Intermountain Region. The proposed plat depicts a 75 -foot wide right-of-way/easement for use by the pipeline company. All development shall comply with the Williams Gas Pipeline Developers' Handbook. An encroachment permit is required for any development/improvements within the pipeline easement. 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. Storm drainage seepage beds are depicted within common areas on the preliminary plat. Landscaping: A landscape plan was submitted with this application for the area proposed to be platted as shown in Exhibit A.3. A minimum 20 -foot wide street buffer is required along S. Kentucky Way and W. Harris Street, both collector streets. Landscaping 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 depicts several existing trees on the site within future building lots; however, the calculations table lists "NA" for mitigation of existing trees 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. Mitigation calculations for existing healthy trees proposed to be removed should be included on the landscape plan submitted with the final plat application(s). Landscaping is required along all pathways on the site in accord with the standards listed in UDC 11 -3B -12C. Open Space & Site Amenities: Based on the area of the preliminary plat (56.19 acres), a minimum of 10% of the site (or 5.61 acres) is required to consist of qualified open space as defined in UDC 11 -3G -3B. The applicant proposes a total of 10.2% (or 5.73 acres) of qualified open space consisting of a 1.5 acre park, a 0.20 acre pocket park, drainage areas, pathways, street buffers along collector streets (W. Harris St. & S. Kentucky Way) and parkways along local and collector streets, in compliance with the required standards. In accord with UDC 11 -3G -3A.2, a minimum of 3 qualified site amenities are required to be provided with this development as set forth in UDC 11 -3G -3C. The applicant proposes a tot lot with a play structure and a %2 basketball court as recreational amenities and a segment of the City's regional pathway as a pedestrian/bicycle circulation system amenity in accord with UDC Biltmore Sub PP -14-004 PAGE 7 EXHIBIT A requirements. A detail of the play structure proposed in the tot lot should be submitted with the final plat application for the phase in which it is located. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. Minimum 5 -foot wide detached sidewalks are required along S. Kentucky Way and W. Harris Street, both arterial streets. The street sections shown on the preliminary plat depict 5 -foot wide detached sidewalks throughout the development. Pathways: A 10 -foot wide regional pathway is depicted on the landscape plan across the southwest corner of this site within the Williams gas pipeline easement in accord with the Master Pathways Plan. Landscaping should be provided adjacent to the pathway in accord with UDC 11- 3B -12C. If landscaping is not allowed within the pipeline easement, it should be provided outside of the easement within the adjacent common area. Internal micropath connections are proposed to the park in Block 7 and the regional pathway in Block 8; however, no pathway connections are proposed to future developments (there are no existing pathway stubs to this site from adjacent existing developments). Therefore, staff recommends micropath connections to the west (somewhere in the vicinity of Lots 16-19, Block 9); to the north in the vicinity of Lot 9, Block 9 to connect to a pathway planned in Revolution Ridge Subdivision; through Blocks 4 and 5 to comply with block length standards; and between Lots 18 and 19, Block 2 to provide a pedestrian connection to the sidewalk along W. Harris Street. Landscaping should be provided adjacent to the pathways in accord with the standards listed in UDC 11 -3B -12C. Waterways: The Sundall Lateral lies off-site along the west boundary of the site. Other ditches also cross this site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant has submitted two conceptual building elevations for the future homes in this development, included in Exhibit A.S. Because the sides of homes on lots adjacent to S. Kentucky Way and the rear of homes that back up to W. Harris Street, both collector streets, will be highly visible, staff recommends the rear and/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: There is an existing 6 -foot tall fence along the east and a portion of the north boundary of the site adjacent to existing residential lots. The landscape plan depicts 4 -foot tall solid vinyl fencing adjacent to interior common areas and 6 -foot tall vinyl fencing along the west boundary and adjacent to portions of the collector streets. All fencing installed on the site should comply with the standards listed in UDC 11 -3A -6B and 11-3A7. Property Boundary Adjustment (PBA): A PBA application was tentatively approved on March 12, 2014 which created the parcel configuration shown on the preliminary plat. Prior to final approval of the PBA application, the existing structures on the site are required to be removed. Prior to submittal of a final plat application for this site, the applicant must obtain final approval of the PBA application. In summary, Staff recommends approval of the proposed preliminary plat request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. Biltmore Sub PP -14-004 PAGE 8 EXHIBIT A X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Preliminary Plat (dated: 1/21/14) 3. Proposed Landscape Plan (dated: 1/28/14) 4. Site Plan 5. Conceptual Building Elevations - REVISED B. Agency & Department Comments/Conditions C. Required Findings from Unified Development Code Biltmore Sub PP -14-004 PAGE 9 EXHIBIT A A. Drawings 1. Vicinity Map Exhibit A Page 1 EXHIBIT A 2. Proposed Preliminary Plat (dated: 1/21/14) Exhibit A Page 1 EMS -.19 .•. f -y .-:-—:`�...� NGTES ,NARY LLAT ]ATA A'%CK RlSIOEh7V, SM@7 5[CWY (50 R.O.w.) l �i "� '°w Wu ME" i_ sorsa oaam ...y.,f T^G; �.� y � anw - n» ow lYP1GL COLLECTOR ST`tC[T SECIIOk (W' R.Ow) . Exhibit A Page 1 EMS -.19 EXHIBIT A 3. Proposed Landscape Plan (dated: 1/28/14) t� ------------ MumSHEET L, OVERALL 1liia OVERALL SITE PLAN GENERAL LANDSCAPE NOTES 00 MD .,ew,ccwmwau.xuuuwsw �vrw �' �n,o,.wrcw mere �s [verw+�[e-w� J SEE SMELT MA th— LJ -4 FOR DRTAnJM LANIMCAP= PLANS, M=Y SRI= L20 FOR PLANT LIST. LANDSC LPM NOT30L AND PLANTING DETAILS PROPOSED RWLUTION RM 0131 /\ LANDSCAPE PLAN 822 RREET LI.O FOR OVERALL SITE PLAN. - =Ti1SET L2.0 FOR PLANT LIST, LANDSCAPE NOTES, AND PLANTING DETAILS 0=1121",sw 11.0 KENTUCKY RIDGE SUBD NO 1 1 ft I Exhibit A Page 2 * g'p . r , t: � t' DATA• g LANDSCAPE CALCULATONS• W � C �� 1,,w . n. 00 MD .,ew,ccwmwau.xuuuwsw �vrw �' �n,o,.wrcw mere �s [verw+�[e-w� J SEE SMELT MA th— LJ -4 FOR DRTAnJM LANIMCAP= PLANS, M=Y SRI= L20 FOR PLANT LIST. LANDSC LPM NOT30L AND PLANTING DETAILS PROPOSED RWLUTION RM 0131 /\ LANDSCAPE PLAN 822 RREET LI.O FOR OVERALL SITE PLAN. - =Ti1SET L2.0 FOR PLANT LIST, LANDSCAPE NOTES, AND PLANTING DETAILS 0=1121",sw 11.0 KENTUCKY RIDGE SUBD NO 1 1 ft I Exhibit A Page 2 EXHIBIT A 4 3 a sLOCK I -5-7 4 - ---- 3 2 - ------ T IF 6 5 4 3 2 12 1 W I TMMESMIRD15' 3 2 WAGHP 2q io Is +J --- Is 12 12 4 3 a sLOCK I -5-7 4 - ---- 3 2 - ------ T IF ft,4 LANDSCAPE PLAN 40L $*At Exhibit A Page 3 139 12 1 W I TMMESMIRD15' 2 2q io 13 Is 12 12 LANDSCAPE PLAN LEGENDrn :EE :E30ff LLO MR OVERALL UITE PLAN, EE HKET L2.0 FOR PLANT LIST, w 13 LANDSCAPE NOTES, AND PLANTING DETAILS on L-1.2 ft,4 LANDSCAPE PLAN 40L $*At Exhibit A Page 3 EXHIBIT A Fop 3 ✓'� � �� � O\'..'j``.� _��_._� `._= rte_--. --- fl` SL�T \ 1� 1 1 .Wr `K4 L' 11 12 13 1 t0 13 t 14 LANDSCAPE NOTES ME 888 SH88T Li.O FOR OVERALL SITZ PLAN AND SHEETS LIS tb— LAA FOR DETAILED LANDSCAPE PLANS 2 i i 9 10 11 Z4 1 23 71 21 1 20 i 19 t i � •y BLOCX2 18 s,¢*- _�. •.>.awnw. W.KM SSMMLFCTOR) i �s9T RUt C0.LECTCR F 4Z LANDSCAPE PLAN_ 0 ;,� �•a^� W4 �° SEE SHEET LLO FOR OVEDIALL SITZ — • wx wo.a�.i.o.lo ��.r<..- IN. }3 N PLAN. 888 SHI T LS.O FOR PLANT LIST. y r LANDSCAPE NOTES. AND PLANTING Ip F DBTAIIS m € UA w.... / a.vv..�..a lin--- swL• -w���1 \\ e�ns�•�Im"vw�w ® Oi>}N11eR.WIIO STK GENERAL LANDSCAPE NOTES dam• .`S�o..��41S.in"."�:'!� ao, g Mtn J1, J�t y of Mil Ml � 6��1 ti al F,xhibit A Page 4 .. N :r��„s�ysrs�xxlEmL.. m v aoifwdlnw.uwxooer— m € L2.0 F,xhibit A Page 4 EXHIBIT A 4. Site Plan -1- EXHIBIT A 5. Conceptual Building Elevations - REVISED -2- 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) was required as a provision of the Declaration of Consent to Annexation of this property. Prior to development of this property, a DA shall be entered into between the City of Meridian, the property owner(s), 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 prior to submittal of the final plat application. 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 S. Kentucky Way and W. Harris Street, both collector streets, is prohibited in accord with UDC 11-3A-3. b. All development within the Williams pipeline easement at the southwest corner of the site shall comply with the Williams Gas Pipeline Developers' Handbook. An encroachment permit is required for any development improvements within the pipeline easement. 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 A.4 and A.5. d. The rear and/or sides of homes on lots that face or back up to S. Kentucky Way and W. Harris Street, both collector streets, 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. All existing structures on the site are required to be removed prior to signature on the first phase final plat by the City Engineer, except for the existing home in Phase 2 which is allowed to remain until signature on the 2nd phase final plat by the City Engineer. f. The nark proposed on Lot 1, Block 7 shall be constructed with phase 2 of the development. 1.1.2 The preliminary plat included in Exhibit A.2 dated 1/21/14 shall be revised as follows: a. Micropath connections shall be provided to the west (somewhere in the vicinity of Lots 16- 19, Block 9); to the north in the vicinity of Lot 9, Block 9 to connect to a pathway planned in Revolution Ridge Subdivision; through Blocks4-a*d 5 to comply with block length standards; and between Lots 18 and 19, Block 2 to provide a pedestrian connection to the sidewalk along W. Harris Street. b. Depict an easement for a water main through the common lot required for the micropath in the vicinity of Lot 9, Block 9. 1.1.3 The landscape plan included in Exhibit A.3 dated 1/28/14 shall be revised as follows: a. Provide micropath connections as detailed in condition 41.1.2a above and landscaping in accord with the standards listed in UDC 11 -3B -12C; b. Mitigation calculations for existing healthy trees proposed to be removed; c. Landscaping is required adjacent to the 10 -foot wide pathway in Lot 6, Block 8 in accord with UDC 11 -3B -12C. If landscaping is not allowed within the pipeline easement, it should be provided outside of the easement within the adjacent common 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. -3- EXHIBIT A 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 In accord with the site amenity requirements listed in UDC 11-3G-3, the developer shall provide a tot lot with play equipment, a 'h basketball court, and a segment of the City's multi -use pathway system (or equivalent amenities as determined by the Planning Director) as proposed in Exhibit A.3. 1.1.7 A detail of the tot lot play structure proposed in the tot lot on Lot 1, Block 7 shall be submitted with the final plat application for the phase in which it is located. 1.1.8 All ditches are required to be piped in accord with UDC 11 -3A -6A unless waived by City Council or used as a water amenity or linear open space. 1.1.9 Prior to submittal of a final plat application, the applicant must obtain final approval of the Property Boundary Adjustment (PBA -14-001) application. 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 11-2-A-5. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Kentucky Way and W. Harris Street 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 irrigation 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. Minimum 5 -foot wide detached sidewalks are required along S. Kentucky Way and W. Harris Street, both collector streets. 1.2.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3B -5J. 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. 1.2.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3B - 11C. 1.2.11 Construct all parkways consistent with the standards as set forth in UDC I I -3A -17E, 11 -3G -3B5 and 11 -3B -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 11-3B-10. 1.2.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. -4- EXHIBIT A 1.3 Ongoing Conditions of Approval 1.3.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-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 -3 G-3 F 1. 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 property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.3.5 The applicant shall have an ongoing obligation to maintain all pathways. 1.3.6 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.7 The applicant and/or property owner shall have an ongoing obligation to maintain all landscaping and constructed features within the clear vision triangle consistent with the standards in UDC 11- 3A-3. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11-5C-313. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.4.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 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. 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. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Domestic Water service to the majority of the subject property does not currently exist, and is dependent on the establishment of Pressure Zone #5. This new Pressure Zone will provide service to lands above an approximate elevation of 2700 feet. To establish Pressure Zone #5, two new water sources will be needed, one of which must be a municipal well source, and the other can be from interconnecting pipes to other Pressure Zone #5 piping. The Public Works Department is in the early stages of planning a FY 2016 Capital Improvement Project to construct -5- EXHIBIT A a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for a connection to this pipeline. Due to the elevation and pressure zone issues, the northeast portion of this proposed preliminary plat is the only area that will be able to be developed without the establishment of Pressure Zone #5. Detailed water modeling analysis will be required of final plat phases in this area to determine how much can be served by the existing Pressure Zone #4. The balance of the proposed development will not be able to be developed until such time that Pressure Zone #5 is established as stated above. 2.1.2 The applicant has offered to donate a site for a new municipal well. The site for the well will need to be coordinated with the Public Works Department, and be a minimum of 140'x140'. If the well site cannot be legally divided off and conveyed to the city at this time, the city can accept a long term lease until such time that the property can legally be conveyed. The timing of the construction of the municipal well can take as much as three -years. Because of the complex nature of water delivery in this area, each phase of the development will require modeling analysis. Results of this modeling may necessitate additional water main connections to ensure fire flow needs are met. 2.1.3 When Pressure Zone 5 is established as noted above, and the developer proceeds with development of property in that area, the developer will be responsible for the installation of Pressure Reducing (PRV) station(s) to separate the Pressure Zones. 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. 2.1.4 The applicant shall be required to install a water main under the micro path required under Site Specific Condition of Approval # 1.1.2a above. This main will connect into the water main being required in the proposed Revolution Ridge Subdivision. 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 -6- EXHIBIT A a pipeline from the existing Pressure Zone #5 west to the vicinity of this development. This developer will be responsible to plan for a connection to this pipeline. Due to the elevation and pressure zone issues, the northeast portion of this proposed preliminary plat is the only area that will be able to be developed without the establishment of Pressure Zone #5. Detailed water modeling analysis will be required of final plat phases in this area to determine how much can be served by the existing Pressure Zone #4. The balance of the proposed development will not be able to be developed until such time that Pressure Zone #5 is established as stated above. 2.1.2 The applicant has offered to donate a site for a new municipal well. The site for the well will need to be coordinated with the Public Works Department, and be a minimum of 140'x140'. If the well site cannot be legally divided off and conveyed to the city at this time, the city can accept a long term lease until such time that the property can legally be conveyed. The timing of the construction of the municipal well can take as much as three -years. Because of the complex nature of water delivery in this area, each phase of the development will require modeling analysis. Results of this modeling may necessitate additional water main connections to ensure fire flow needs are met. 2.1.3 When Pressure Zone 5 is established as noted above, and the developer proceeds with development of property in that area, the developer will be responsible for the installation of Pressure Reducing (PRV) station(s) to separate the Pressure Zones. 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. 2.1.4 The applicant shall be required to install a water main under the micro path required under Site Specific Condition of Approval # 1.1.2a above. This main will connect into the water main being required in the proposed Revolution Ridge Subdivision. 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 -6- 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. 2.2.5 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 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 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 -7- EXHIBIT A or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street 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 The proposed project lies outside the five-minute response zone goal. Achievement of this goal is subject to budgetary constraints and is intended to enhance the probability of a favorable outcome on a request for Basic and Advanced Life Support. The budget constraints are typically defined as capital outlay for facilities that are located within 1.5 miles from a given location and sufficient operational funds to staff the facilities. 4.2 One and two family dwellings not exceeding 3,600 square feet require a fire -flow of 1,000 gallons per minute for a duration of 2 hours to service the entire project. One and two family dwellings in excess of 3,600 square feet require a minimum fire flow as specified in Appendix B of the International Fire Code. Fire Hydrant spacing shall be provided as required by Appendix C of the International Fire Code. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot 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'. -8- EXHIBIT A f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 ''/z" 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. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.5 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.6 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. 4.7 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. 4.8 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 13' 6". The roadway shall be able to accommodate an imposed load of 75,000 GVW as set forth in International Fire Code Section 503.2.1. and D103.6.1 and D103.6.2. 4.9 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.10 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. 4.11 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.12 To increase emergency access to the site a minimum of two points of access will be required for any portion of the project which serves more than 30 homes, as set forth in International Fire Code Section D107.1. The two entrances should be separated by no less than '/Z the diagonal measurement of the full development as set forth in International Fire Code Section D104.3. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS 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 11-3B-1OC.5. -9- EXHIBIT A 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Extend Harris from its current terminus into the site as one half of a 36 -foot residential collector street section plus 12 -feet of pavement to total 30 -feet of pavement with vertical curb, gutter, and an 8 -foot wide planter strip on the north side of Harris Street with a with a 3 -foot gravel shoulder and barrow ditch on the south side of Harris Street within 50 -feet of right-of-way. 7.1.2 Construct a 5 -foot wide detached concrete sidewalk on Harris Street abutting the site within a permanent right-of-way easement, as proposed. 7.1.3 Construct Harris Street to stub to the south, located 740 -feet west of the east property line. Install a sign at the terminus of Harris Street stating that "THIS IS A DESIGNATED COLLECTOR ROADWAY. THIS STREET WILL BE EXTENDED AND WIDENDED IN THE FUTURE." 7.1.4 Prior to signature on the first final plat, enter into a development agreement with ACHD which will require the building of the collector roadway in the general alignment shown on the concept plan through the parcels south and west of the site at the time they develop. The development agreement shall be recorded and run with the land in the event the applicant should sell the property before it develops. 7.1.5 If allowed by the Idaho Transportation Department (ITD), construct a dedicated southbound right turn lane and eastbound left and right turn lanes at the SH-69/Meridian Road/Harris Street intersection prior to plan approval or signature on the final plat that extends Harris Street to Kentucky Way. 7.1.6 Extend Kentucky Way from its current terminus into the site with two 20 -foot wide travel lanes curb, gutter, an 8 -foot planter strip, 5 -foot wide detached concrete sidewalk, and a 12 -foot center landscape island, as proposed. As Kentucky Way extends south to Harris Street taper the roadway to a standard 36 -foot wide street section with vertical curb, gutter, an 8 -foot wide planter strip, and 5 -foot wide detached concrete sidewalks, as proposed. 7.1.7 Plat the center landscape island as right-of-way owned by ACHD. Enter into a license agreement with ACHD for any landscaping proposed within the center landscape island. 7.1.8 Provide a permanent right-of-way easement for the detached sidewalks on Kentucky Way abutting the site. 7.1.9 Construct all of the internal local streets as 36 -foot street sections with rolled curb, gutter, and a 6 -foot wide landscape strip within 50 -feet of right-of-way. Construct 5 -foot wide detached concrete sidewalks on all internal local street with a permanent right-of-way easement, as proposed. 7.1.10 The applicant has proposed to construct one cul-de-sac with a minimum turning radius of 45 -feet and one knuckle, as proposed. 7.1.11 Construct Whitebird Drive as a stub street to the west property line, located 530 -feet north of the south property line, as proposed. Install a sign at the terminus of Whitebird Drive stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.12 Harris Street and Kentucky Way are classified as collector roadways. Other than access specifically approved with this application direct lot access to these roadways is prohibited and shall be noted on the final plat. 7.1.13 Payment of impacts fees are due prior to issuance of a building permit. 7.1.14 Comply with all Standard Conditions of Approval. -10- EXHIBIT A 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 ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD 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. 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 ACHD 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 ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -11- EXHIBIT A C. Required Findings from Unified Development Code 1. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The City Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The City Council finds that public services are not available at this time. When available, 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 funds. d. There is public financial capability of supporting services for the proposed development; The City Council finds there is public financial capability of supporting services for the proposed development based upon comments provided from the public service providers (i.e., Police, Fire, ACHD, etc.). (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The City Council is not aware of any associated with the platting of this property analysis. -12- health, safety, or environmental problems ACHD considers road safety issues in their Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-018 ITEM TITLE: MESSINA MEADOWS NO. 5 Final Order for Approval: FP 14-018 Messina Meadows No. 5 by Tuscany Development, Inc. Located North of E. Amity Road and West of S. Eagle Road Request: Final Plat Approval Consisting of Fifty -Two (52) Residential Lots and Six (6) Common Lots on 18.72 Acres of Land in the R-8 Zoning District MEETING NOTES 10 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE FINAL PLAT REQUEST FOR MESSINA MEADOWS SUBDIVISION NO.5 CONSISTING OF 52 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS AND 6 COMMON/OTHER LOTS ON 18.72 ACRES OF LAND IN AN R-8 ZONING DISTRICT BY: TUSCANY DEVELOPMENT, INC. APPLICANT HEARING DATE: MAY 6, 2014 CASE NO. FP -14-018 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 6, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING MESSINA MEADOWS SUBDIVISION NO. 5, LOCATED IN S %2 OF SECTION 29, T.3N., R.1 E., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN DATE: 03/28/14, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Pagel of 3 conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services Division of the Community Development Department dated May 6, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Michael Wardle, a true and correct copy of which is attached hereto marked "Exhibit 13" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 2014. By: Tammy de erd Mayor, Cit of Meridian Attest: o5©¢PTET) Auct� 1rc City o£ • E IDIAN Ja e H IDAHO City Clerk see, SEAL „V rF?°� tAe 7RE1Stl��i day of Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. Dated: 0 0, ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR MESSINA MEADOWS SUBDIVISION NO. 5 (FP -14-018) Page 3 of 3 EXHIBIT A STAFF REPORT HEARING DATE: May 6, 2014 TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-018 — Messina Meadows No. 5 I. APPLICATION SUMMARY E IDIAN--- Al The applicant, Tuscany Development, Inc., has applied for final plat approval of fifty-two (52) single- family residential building lots and six (6) common/other lots on 18.72 acres of land in the R-8 zoning district. This is the final phase of development proposed for the Messina Meadows Subdivision. II. STAFF RECOMMENDATION Staff recommends approval of the Messina Meadows Subdivision No. 5 final plat subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-018 as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-018, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-018 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 north of E. Amity Road and west of S. Eagle Road in south'/2 of Section 29, Township 3 North, Range 1 East. B. Applicant/Owner: Tuscany Development, Inc. P.O. Box 344 Meridian, Idaho 83680 Messina Meadows No. 5 FP -14-018 PAGE 1 EXHIBIT A C. Representative: Mike Wardle, Brighton Corporation 12601 W. Explorer, #200 Boise, Idaho 83713 V. STAFF ANALYSIS The proposed final plat depicts fifty-two (52) single-family residential building lots and six (6) common/other lots on 18.72 acres of land. The gross density of the proposed subdivision is 2.78 dwelling units per acre with a net density of 4.61 dwelling units to the acre. The average lot size 9,453 square feet. All of the lots comply with the dimensional standards of the R-8 zoning district. The proposed open space consists of the Amity Road street buffer, 8 -foot wide parkways adjacent to the local streets, a micropath and three (3) passive open space lots. Two of the three passive open space lots will be developed with a 10 -foot wide multi -use pathway. Overall open space totals 2.44 acres which is approximately 13.03%. The proposed open space is consistent with the overall project open space. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per UDC 11 -6B -3C as the number of buildable lots is fewer and the amount of open space is generally the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant is to meet all terms of the approved annexation (AZ -05-017), development agreement (#106017065), preliminary plat (PP -05-019), conditional use permit (CUP -05-026), final plats (FP -05-076, FP -06-036, FP -12-002 and FP -13-015) and Council time extension (TEC -11-003) for this development. 2. The applicant has until December 3, 2015 to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Land Solutions, stamped on March 28, 2014 by James R. Washburn shall be revised as follows: a. Note #10: Insert the encumbered Lot and Block numbers. b. Note # 14: Insert recorded instrument number. 5. The landscape plan prepared by The Land Group, dated April 2, 2014, shall be revised as follows: a. If the unimproved right-of-way along Amity Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street widening project is not in the transportation authority's five year funded plan, the portion of Lot 1, Block 33 adjacent to Amity Road shall consist of a 10 -foot wide compacted gravel shoulder meeting the construction standards of the transportation authority and landscape the remainder with lawn or other vegetative ground cover in accord with UDC 11-313-7C.5. Coordinate with ACHD on the ROW landscape improvements. b. Extend the 10 -foot multi -use pathway and landscaping to the northwest boundary of Lot 25, Block 10. The pathway landscaping shall meet the standards set forth in UDC 11-3A-8 and UDC 11 -3B -12C (one tree per one hundred (100) linear feet ofpathway). Messina Meadows No. 5 FP -14-018 PAGE 2 EXHIBIT A Provide three (3) full size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. 6. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision and/or provide written documentation that scheduled trash pick-up will occur during construction of the proposed development. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Prior to the issuance of any new building permit, the property shall be subdivided in accordance with the UDC. 9. Prior to final plat signature, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 10. Prior to signature on the final plat, a public pedestrian easement for the multi -use pathway along the Ten Mile Creek shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. 11. The applicant shall comply with the submitted home elevations approved with the preliminary plat. 12. Applicant shall be required to dedicate an easement for the installation and operation of the future sanitary sewer trunk extension, from the end of South Zopira Avenue in Lot 12, Block 34, to a point near the 1/4 section line. The easement widths and locations shall be coordinated with the Public Works Department. 13. Applicant may be eligible for reimbursements of a portion of the expense of installing the sanitary sewer trunk line through this development per MCC 8-6-5. 14. The applicant shall submit a final approval letter from the Street Naming Committee approving the street names for the proposed subdivision. 15. A portion of this project lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 16. The approved planned unit development (CUP -05-026) requires specific conditions to be met for the Stark property (parcel's #S1129438700 and S1129438455) as follows: a. The future home on Lot 8, Block 33 shall be a single level with a bonus room allowance. All dormers must face east and the windows would be designed for first floor only on the west side and the garage will be constructed on the same setback as the driveway 5 to north property line of Lot 8, Block 33. b. The future homes on Lots 9 and 10, Block 33 must have all dormers face east and the windows would be designed for first floor only on the west side. c. A 6 -foot solid vinyl fence will be placed on the east, north and west side of the property and the north side will be designed with a berm if needed to mitigate headlights. At a minimum the fencing must be installed 10 -feet south of the northern property line in accord with UDC 11-3A-7. d. Provide a minimum of one pressure irrigation stub from each side of the Stark property which would be the north, east and west property lines. Messina Meadows No. 5 FP -14-018 PAGE 3 EXHIBIT A e. Provide a sewer and water stub to the property line from Messina Meadows to the north property line of the Starks property. If any of these conditions cannot be met as a result of an outside agency and/or the Developer and the Starks modify the terms noted above, the applicant shall modify the approved conditional use permit in accord with UDC 11 -5B -6G. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. Messina Meadows No. 5 FP -14-018 PAGE 4 EXHIBIT A 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. Messina Meadows No. 5 FP -14-018 PAGE 5 EXHIBIT A 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -05-019) C. Proposed Final Plat (dated: 03/28/14) D. Proposed Landscape Plan (dated: 04/02/14) Messina Meadows No. 5 FP -14-018 PAGE 6 Exhibit A — Vicinity Map Vicinity Map Legend Area of Impact RLI rams"Miron, Print Date: 412112014 EXHIBIT A 0 0.1 02 Miles The information shown on this map is compiled from various sources and is subject b constant revision. The City of Meridian makes no warranty or guarantee as to the content, accuracy, timeliness, or completeness of any of the data provided, and assumes no legal responsibility for the information contained on this map. ii 4� R-2 CiWE IDIAN s'zSAHiJ Messina Meadows No. 5 FP -14-018 PAGE 7 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -05-019) ', •.. � r »w � ,.. ��`D ' . + is T�d -i �r�Y �'. � �-'. _ j ff r 1 it . r i M1 .t m r. -® !� � '�.�.'� i- t`. � ry, , •+ � � ASS ' - w.nn,:aa�atrr artt•na t. .�.. . .�t.6,�3.i i• �ff' l �... �rcwras aot.— ..� trranray.�.rra® Messina Meadows No. 5 FP -14-018 PAGE 8 we r� w f T ', •.. � r »w � ,.. ��`D ' . + is T�d -i �r�Y �'. � �-'. _ j ff r 1 it . r i M1 .t m r. -® !� � '�.�.'� i- t`. � ry, , •+ � � ASS ' - w.nn,:aa�atrr artt•na t. .�.. . .�t.6,�3.i i• �ff' l �... �rcwras aot.— ..� trranray.�.rra® Messina Meadows No. 5 FP -14-018 PAGE 8 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 03/28/14) Messina Meadows No. 5 FP -14-018 PAGE 9 EXHIBIT A Exhibit D. — Proposed Landscape Plan (dated: 04/02/14) �p 03>>/ �� 's i ( k• fiCl'', �rG Messina Meadows No. 5 FP -14-018 PAGE 10 tri".` ' • .�� � , i, _ .` � • t '__- o-,�.u.�� ..rte^w '�... E A Ij �I R T i �Arsai -- — —' �4-- Messina Meadows No. 5 FP -14-018 PAGE 10 joA,!!c EXHIBIT A rYA 0 Messina Meadows No. 5 FP -14-018 PAGE 17 Bill Parsons From: Mike Wardle <MWardle@brightoncorp.com> Sent: Thursday, May 01, 2014 11:46 AM To: Jaycee Holman; Machelle Hill; Jacy Jones Cc: Justin Lucas; Bill Parsons Subject: RE: Messina Meadows No. 5 final plat staff report for 05/06/14 CC MTG All, We have reviewed the Messina Meadows No. 5 staff report and concur with the recommendation for City Council approval with the proposed Site Specific Conditions, and request that the matter be placed on the Council's consent agenda. I will attend the meeting to answer questions, if any. Michael Wardle Director of Planning Brighton Corporation 12601 W. Explorer, Suite 200 1 Boise, Idaho 83713 Direct 208.287.0512 1 Cell 208.863.6150 From: Bill Parsons [mailto:bparsonsOmeridianci.orcJ] Sent: Wednesday, April 30, 2014 4:11 PM To: Ted Baird; Bill Nary; Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley; Mike Wardle Cc: Justin Lucas Subject: Messina Meadows No. 5 final plat staff report for 05/06/14 CC MTG Attached is the staff report for the proposed Messina Meadows Subdivision No. 5 final plat application (FP - 14 -018). This item is scheduled to be on the Council agenda on 05/06/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or e-mail with any questions. Mike - Please submit a written response to the staff report to the City Clerk's office (iholmanCmeridiancitrt ark, mhitt@meridiancity.org, iiones@meridiancity.org) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is stilt recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-019 ITEM TITLE: CHESTERFIELD NO. 3 Final Order for Approval: FP 14-019 Chesterfield No. 3 by Northside Management Located South of W. Pine Avenue Between N. Black Cat Road and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty -Eight (48) Residential Lots on 7.42 Acres of Land in the R-8 Zoning District MEETING NOTES 9 APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO.3 CONSISTING OF 48 SINGLE- FAMILY RESIDENTIAL BUILDING LOTS ON 7.42 ACRES OF LAND IN AN R-8 ZONING DISTRICT BY: TRILOGY IDAHO APPLICANT HEARING DATE: MAY 6, 2014 CASE NO. FP -14-019 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 6, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: The Final Plat of "PLAT SHOWING CHESTERFIELD SUBDIVISION NO. 3, LOCATED IN SE/40F SECTION 10, T.3N., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, DATED: 03/14/14, CLINTON W. HANSEN, PLS, SHEET 1 OF 3," is conditionally approved subject to those conditions of staff as set forth in the staff report to the Mayor and City Council from the Planning and ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. 3 (FP -14-019) Page 1 of 3 Development Services Division of the Community Development Department dated May 6, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Scott Noriyuki, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. 3 (FP -14-019) Page 2 of 3 interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the D ( day of lel o' , 2014. LOW O�PTeD AUCG Attest: � 'Is City of E IDR IAN - IDAHO Ja4ce an g°taCitJerk a°f reeps�� Tammy de W e Mayor, City ofMeridian Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. B Dated: :) y 1 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CHESTERFIELD SUBDIVISION NO. 3 (FP -14-019) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: EXHIBIT A May 6, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 VE IDIAM- ---\ZL� Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-019 — Chesterfield No. 3 I. APPLICATION SUMMARY The applicant, Trilogy Idaho, has applied for approval of a final plat consisting of forty-eight (48) residential lots on approximately 7.42 acres of land in the R-8 zoning district. IL STAFF RECOMMENDATION Staff recommends approval of final plat (FP) application subject to the conditions noted below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Numbers FP -14-019 as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Numbers FP -14-019 as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers FP -14-019 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 south of W. Pine Avenue between N. Black Cat Road and N. Ten Mile Road in the southeast'/4 of Section 10, Township 3 North, Range 1 West. B. Applicant: Scott Noriyuki, Northside Management 6810 Fairhill Place Boise, Idaho 83714 C. Owner: Liberty Development Inc. 2358 S. Titanium Place Meridian, Idaho 83642 Chesterfield No. 3 — FP -14-019 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat consists of forty-eight (48) residential lots on approximately 7.42 acres of land. The average lot size is 5,000 square feet. The gross density of the development is 6.47 dwelling units per acre. Staff has reviewed the proposed final plat for consistency with the approved preliminary plat and found it to be in substantial conformance per UDC 11 -6B -3C as the number of buildable lots is the same. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the approved rezone (RZ-11-004), development agreement (instrument # 112082267), the preliminary plat (PP -11-007) and the final plat (FP -13-001) for this subdivision. 2. The applicant has until August 13, 2015, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Prior to submittal to the City, the Professional Land Surveyor preparing the plat shall stamp, sign and date each page of the final plat map, including the Certificate of Surveyor. 5. Revise the plat prepared by Bailey Engineering, dated 03/14/14, prior to signature on the final plat by the City Engineer, as follows: • Lot 2, Block 12 must comply with the 50 -foot street frontage requirement set forth in Table 11-2A-6. • Include an additional micropath between Lots 1-14, Block 12 or comply with the 750 -foot block length requirement in accord with UDC 11 -6C -3F. If the micropath is added, a note must be added to the face of the final plat the states the common lot is to be owned and maintained by the Chesterfield Homeowner's Association. 6. The applicant must submit a landscape plan that includes a common lot as noted in condition 5, bullet #2. The micropath shall comply with the standards set forth in UDC 11-3A-8 and UDC 1I - 3B -12. 7. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 8. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 9. Prior to the issuance of any new building permits, the property shall be subdivided in accordance with the UDC. 10. All fencing installed on the site must be in compliance with UDC 11-3A-6 and 11-3A-7. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. VII. GENERAL REQUIREMENTS 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate Chesterfield No. 3 — FP -14-019 PAGE 2 EXHIBIT A materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887- 2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district Chesterfield No. 3 — FP -14-019 PAGE 3 EXHIBIT A or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, 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. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHIBITS A. Vicinity Map B. Approved Chesterfield Subdivision (PP -11-007) C. Proposed Final Plat (dated: 03/14/14) Chesterfield No. 3 — FP -14-019 PAGE 4 Exhibit A — Vicinity Map Vicinity Map Legend j ; E ® ®Area of Impact taL1 EXHIBIT A 5 0 0.15 0.3 Miles The information shown on this map is compiled from various sources and a subject to constant revision. The City of Meridian makes no warranty or guarantee as to the content, accuracy, timeliness, or completeness of any of the data provided, and assurnes no legal responsibility for the rdormation contained on this map. �1 �(1�ji • t Rl t Y �R-15 R , r r c 40 L -d j F— s in z ISL (. %Vt E IDIAN IDAHO Chesterfield No. 3 — FP -14-019 PAGE 5 EXHIBIT A Exhibit B —Approved Chesterfield Subdivision (PP -11-007) I�.MUM�a+ �ya 1 7`1'7s!__ •14LINT ,l.T.�T CHESTERFIELD SUBDIVISION WC.I� 14 M SIX1M 1/3 P RGIIG 10. i.N4 11.14. 1Y. Yat'U N. IJ. CWIRY, IONq iar-' 4IL r_rraea 1In �c a ■ IR _ .e:• ...x"`•'"77' .n"'l� "S,"'Y�w, Chesterfield No. 3 — FP -14-019 PAGE 6 EXHIBIT A Exhibit C — Proposed Final Plat (dated: 03/14/14) Chesterfield No. 3 — FP -14-019 PAGE 7 Bill Parsons From: Scott Noriyuki <scott@northsidemgt.com> Sent: Friday, May 02, 2014 6:55 AM To: Bill Parsons Subject: RE: Chesterfield No. 3 Final Plat staff report for 05/06/14 CC MTG Attachments: Chesterfield SHT 2.1 Plat.pdf ME Please consider this email as formal receipt and acceptance of the Chesterfield No #3 Final Plat Staff Report. For your convenience I have attached the revised Final Plat, reflecting the inclusion of the pathway within this phase. We are in agreement with all Conditions of Approval Thank you and please feel free to call or email anytime with questions. Scott Noriyuki (208) 230-1202 scott@northsidemgt.com From: Bill Parsons[mailto:bparsons@merldiancity.org] Sent: Tuesday, April 29, 2014 2:58 PM To: Ted Baird; Bill Nary; Machelle Hill; Jacy Jones; Jaycee Holman; Holly Binkley; Scott Noriyuki (scott@northsidemgt.com) Cc: Justin Lucas Subject: Chesterfield No. 3 Final Plat staff report for 05/06/14 CC MTG Attached is the staff report for the proposed Chesterfield Subdivision No. 3 final plat application (FP -14- 019). This item is scheduled to be on the Council agenda on 05/06/14. The public hearing will be held at City Hall, 33 E. Broadway Avenue, beginning at 6:00 pm. Please call or a -mail with any questions. Scott - Please submit a written response to the staff report to the City Clerk's office (ih,olmanCmeridiancity•org, mhill@meridiancit r.00r , jiones@meridiancity.or�) and myself (e-mail or fax) by 3:00 pm the Thursday prior to the meeting. If you are in agreement with the conditions of approval contained in the staff report and you submit a written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda; consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you are in agreement with the staff report, it is still recommended you attend the meeting in the event the item is pulled off of the consent agenda. If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of approval, your project will be placed on the regular agenda. Bill Parsons, AICP Associate City Planner Community Development Department 33 E. Broadway Avenue Meridian, Idaho 83642 PHONE: (208) 884-5533 FAX: (208) 888-6854 bparsons a�meridiancity.org Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: /SE PROJECT NUMBER: TEC 14-005 ITEM TITLE: BROWNING PLAZA SUBDIVISION Final Order for Approval: TEC 14-005 Browning Plaza Subdivision by SLN Planning/Boise Waltman, LLC Located South Side of W. Waltman Lane and North Side of 1-84, West of S. Meridian Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR A TWO YEAR TIME EXTENSION ON THE PRELIMINARY PLAT FOR BROWNING PLAZA SUBDIVISION IN ORDER TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT, LOCATED IN SECTION 13, T.3N., R.1W, MERIDIAN, IDAHO BY: SLN PLANNING/BOISE WALTMAN, LLC APPLICANT C/C MAY 6, 2014 CASE NO. TEC -14-005 ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION This matter coming on regularly before the City Council on May 6, 2014, upon the Applicant's submittal of a preliminary plat time extension application for a two (2) year extension within which to obtain the City Engineer's signature on a final plat for Browning Plaza Subdivision, which preliminary plat was originally approved on October 7, 2008, as provided in Unified Development Code § 11 -6B -7C, and good cause shown. An administrative time extension (TE -10-028) for eighteen (18) months was previously approved for this subdivision by the Planning Director on October 8, 2010 and would have otherwise expired on April 7, 2012. A subsequent time extension (TEC -12-008) for two (2) years was approved by City Council on May 1, 2012 and expired on April 7, 2014. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA SUBDIVISION (TEC -14-005) Page 1 of 2 IT IS HEREBY ORDERED THAT: The above named Applicant is granted an additional two (2) year extended period of time, until April 7, 2016, within which to obtain the City Engineer's signature on the final plat, subject to the conditions of approval as shown in the attached Staff Report for the hearing date of May 6, 2014, incorporated by reference as Exhibit A. Attached: Staff Report for the hearing date of May 6, 2014 By the action of the City Council at its regular meeting on the day of 2014. DATED this a k day of �A i�A , 2014 Attest: Jay e I City Clerk • Mayor Ty de Weerd Copy served upon the Applicant, Planning Division, Public Works Department, and City Attorney. BY: Dated: 10. ORDER OF CONDITIONAL APPROVAL OF TIME EXTENSION FOR BROWNING PLAZA SUBDIVISION (TEC -14-005) Page 2 of 2 EXHIBIT A DATE: May 6, 2014 C� wIDIAN- TO: Mayor & City Council 1 i 1 1 FROM: Sonya Watters, Associate City Planner SUBJECT: Browning Plaza Subdivision — Preliminary Plat Time Extension (File #TEC -14-005) I. APPLICATION SUMMARY The applicant, SLN Planning/Boise Waltman, LLC, requests approval of a two (2) year time extension on the preliminary plat for Browning Plaza Subdivision in order to obtain the City Engineer's signature on the final plat. The subject preliminary plat consists of 40 building lots and 2 common area lots on 38.21 acres of land. The Applicant has been unable to meet the time requirements specified in Unified Development Code (UDC) 11-6B-7 and submitted the request for a time extension within the allowed time period. II. STAFF RECOMMENDATION Staff recommends approval of a two (2) year time extension to obtain the City Engineer's signature on a final plat for Browning Plaza Subdivision as requested by the applicant, to expire on April 7, 2016, with the conditions included in Exhibit B. III. PROPOSED MOTION Approval After considering all Staff, Applicant, and public testimony, I move to approve File Number TEC -14- 005, as presented in the staff report for the hearing date of May 6, 2014. Denial After considering all Staff, Applicant, and public testimony, I move to deny File Number TEC -14- 005, as presented during the hearing on May 6, 2014 for the following reasons: (You must state specific reasons for denial and what the applicant could to do to obtain your approval in the future.) Continuance After considering all Staff, Applicant, and public testimony, I move to continue File Number TEC - 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) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is generally located on the south side of W. Waltman Ln., approximately 1/4 mile west of S. Meridian Road, in the southeast '/4 of Section 13, Township 3 North, Range 1 West. B. Owner: Boise Waltman, LLC 970 W. Broadway #443 Jackson, WY 83001 Browning Plaza Sub TEC-14-005.doc Page 1 EXHIBIT A C. Applicant: SLN Planning/Boise Waltman, LLC 1589 N. Estancia Place Eagle, ID 83616 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. UNIFIED DEVELOPMENT CODE Per UDC 11-613-7A, approval of a preliminary plat shall become null and void if the applicant fails to obtain the City Engineer's signature on the final plat within two years of the approval of the preliminary plat. Per UDC 11-613-713, 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 signed by the city engineer within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval. Per UDC 11-613-7C, upon written request and filing by the applicant prior to the termination of the allowed time period, 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 City Council may be granted. With all extensions, the Director or City Council may require the plat to comply with current provisions of the UDC. VI. PROCESS FACTS A. The subject application is for a time extension. A public hearing is required before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: April 14, and 28, 2014 C. Radius notices mailed to properties within 300 feet on: April 11, 2014 D. Applicant posted notice on site by: April 25, 2014 VII. HISTORY OF PREVIOUS ACTIONS: • The annexation (AZ -06-063) and preliminary plat (PP -08-001) for Browning Plaza Subdivision (aka Waltman Property) were approved by the Meridian City Council on October 7, 2008. The development agreement (Instrument # 108131100) was approved by the City Council on October 7, 2008. • An 18 -month time extension (TE -10-028) to obtain the City Engineer's signature on the final plat was approved by the Director on October 8, 2010. This approval extended the period of time until April 7, 2012 in which to obtain the City Engineer's signature on the final plat. • A subsequent time extension (TEC -12-008) for two years was approved by City Council on May 1, 2012 and expired on April 7, 2014. VIII. STAFF ANALYSIS The applicant requests a two (2) year time extension on the preliminary plat for Browning Plaza Subdivision in order to obtain the City Engineer's signature on a final plat. This is the third time extension requested for this subdivision. Per UDC 11-613-7C, with all extensions, the City Council may require the preliminary plat to comply with current provisions of the UDC. With the last extension, City Council required the design and construction of the multi -use pathway(s) planned for this site to be consistent with the Meridian Pathways Master Plan at the time of Browning Plaza Sub TEC-14-005.doc Page 2 EXHIBIT A development; compliance with current street light standards; and compliance with current performance and warranty surety requirements as conditions of approval. In addition to the conditions noted above, Staff recommends the applicant revise the development plans to comply with the 2013 Edition of the Supplemental Specifications and Drawings to the Idaho standards for Public Works construction as a condition of approval of the subject request. Staff recommends approval of the subject time extension with the condition noted above. V. EXHIBITS A. Drawings 1. Vicinity Map 2. Approved Preliminary Plat B. Conditions of Approval Browning Plaza Sub TEC-14-005.doc Page 3 EXHIBIT A Exhibit A.1 — Vicinity Map Browning Plaza Sub TEC-14-005.doc Page 4 EXHIBIT A Exhibit A.2 - Approved Preliminary Plat PIVYMINAMY PLAT OPTHM SROWNINO PLAZA SUSOMSION �I 61 -FMD IN A PORTION OP TNM NW 114. N 114 SMOTICH IS, TOWNSHIP 1 NORTH. RANOs I WMMT. POISE AIEUMMN. ADA COUNTY, IDAHO 1001 ^ kam 1Mt OnIw�SIC�wIISrIT Irs awr.Ill.11.�w.1.. Browning Plaza Sub TEC-14-005.doc Page 5 _� rax" a�n�'~in`ir�• ... r'�°v�"arrw�vra�.±anww.Er'aw w"r`,rvFi,:r 10.7'.w`w..w'w'Yr++.��ros"M a dsas�"iiirr-. 1Mt OnIw�SIC�wIISrIT Irs awr.Ill.11.�w.1.. Browning Plaza Sub TEC-14-005.doc Page 5 EXHIBIT A Exhibit B — Conditions of Approval The applicant is to meet all terms of the approved Annexation (AZ -06-063), Development Agreement (Instrument No. 108131100), Preliminary Plat (PP -08-001), and Time Extensions (TE -10-028 and TEC -12-008) for this development. 2. The applicant shall revise the development plans to comply with the 2013 edition of the Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. Browning Plaza Sub TEC-14-005.doc Page 6 Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-013 ITEM TITLE: DA VINCI PARK Final Order for Approval: FP 14-013 Da Vinci Park by CS2, LLC Located 4715 N. Locust Grove Road Request: Final Plat Approval Consisting of Thirty -Five (35) Building Lots (34 Residential and 1 Commercial) and Five (5) Common Lots on 7.76 Acres of Land in the R-4, R-8 and C -N Zoning Districts MEETING NOTES 5 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BEFORE THE MERIDIAN CITY COUNCIL IN THE MATTER OF THE REQUEST FOR FINAL PLAT CONSISTING OF 35 BUILDING LOTS AND 5 COMMON/OTHER LOTS ON 7.76 ACRES OF LAND IN THE R-8 AND C -N ZONING DISTRICTS FOR DA VINCI PARK SUBDIVISION BY: CS2, LLC APPLICANT HEARING DATE: MAY 6, 2014 CASE NO. FP -14-013 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 6, 2014 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning Division and Development Services Division of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of "PLAT SHOWING DA VINCI PARK SUBDIVISION, LOCATED IN A PORTION OF LOT 7, CRESTWOOD SUBDIVISON AND A PORTION OF THE NE/40F THE NE/40F SECTION 31, TAN., R.IE., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2014, HANDWRITTEN ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DA VINCI PARK SUBDIVISION (FP -14-013) Page I of 3 DATE: 3/9/14, MICHAEL E. MARKS, PLS, SHEET 1 OF 2," is conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning Department and the Development Services division of the Public Works Department dated May 6, 2014, a true and correct copy of which is attached hereto marked "Exhibit A" and by this reference incorporated herein, and the response letter from Robert Unger, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DA VINCI PARK SUBDIVISION (FP -14-013) Page 2 of 3 issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. Please take notice that this is a final action of the governing body of the City of Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the a` day of 32014. :A 0-iE1) AU�USTr Attest: 2Go� 4 ` city of �E zDR IAN 11 Jac e o SF - Cit Cler FyrF� �A�yt °fthrTBEAS Tammy dee 4 Mayor, City of Meridian Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. By: - Dated: j...( G.s( ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR DA VINCI PARK SUBDIVISION (FP -14-013) Page 3 of 3 EXHIBIT A STAFF REPORT MEETING DATE: May 6, 2014 E IDIAN.- TO: Mayor and City Council IDAHO FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-013 — Da Vinci Park L APPLICATION SUMMARY The applicant, CS2, LLC, has applied for a final plat (FP) consisting of 35 building lots (34 residential and 1 commercial) and 5 common lots on 7.76 acres of land in the R-8 and C -N zoning districts for Da Vinci Park subdivision. II. STAFF RECOMMENDATION/DECISION Staff recommends approval of the Da Vinci Park subdivision final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-013 as presented in the staff report for the hearing date of May 6, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-013, as presented during the hearing on May 6, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-013 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located at 4715 N. Locust Grove Road, in the NE 1/4 of Section 31, T. 4N., R. 1E. (Parcel Numbers: R1608650183; R1608650190; R1608650200; S0531110160) B. Applicant: CS2, LLC 8921 W. Hackamore Drive Boise, ID 83709 C. Owners: Larry C. Harpe and IX Eagle Investments, LLC Da Vinci Park FP -14-013 PAGE 1 EXHIBIT A D. Representative(s): Bob Unger, ULC Management, LLC 6104 N. Gary Lane Boise, ID 83714 V. STAFF ANALYSIS The proposed final plat depicts 35 building lots (34 residential and 1 commercial) and 5 common lots on 7.76 acres of land in the R-8 and C -N zoning districts. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat (PP -13-036). Because there are 6 fewer building lots shown on the final plat than approved with the preliminary plat, and the amount of qualified open space number is consistent with UDC standards and the conceptual development plan approved with MDA -14-002, staff deems the final plat to be in substantial compliance with the approved preliminary plat as required by UDC 11-613- 3C.2. Note: Per the amended development agreement approved with MCU -14-002, the applicant is allowed to commence construction of two homes on the site, one on each of the two existing parcels, after all of the existing structures are removed from the site. Access to these building sites shall comply with the Fire Department's standards and any other applicable life safety requirements. These structures shall be located so that they comply with the setbacks of the R-8 zoning district for the future platted lots. Prior to issuance of Certificate of Occupancy for these structures, the subject final plat shall be recorded and all site improvements shall be completed and accepted by the City. VI. SITE SPECIFIC CONDITIONS 1. Applicant shall meet all terms of the previously approved development applications for this site (RZ-13-016, Development Agreement Instrument #107005526), preliminary plat (PP -13-0236, and amended Development Agreement (MDA -13-021) for this site. 2. The applicant shall obtain the City Engineer's signature on the final plat within two years of City Council approval of the preliminary plat (by January 28, 2016), in accord with UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Westbound Surveying Services, stamped on March 9, 2014 by Michael E. Marks, shall be revised as follows: a. Include the recorded instrument number in note #5. b. Include a dimension on Lot 2, Block 3 for the front property line. c. Revise the frontage on Lots 18 and 19, Block 3 and Lot 7, Block 2 to comply with the minimum 50 foot street frontage requirement (UDC Table 11-2A-6). 5. The landscape plan prepared by The Land Group, dated 2/26/14, shall be revised as follows: a. Revise the fencing type adjacent to the common area on Lots 8 and 23, Block 3 from 6 -foot tall cedar to either a 6 -foot open vision material or 4 -foot tall solid material in accord with UDC 11 -3A -7A.7. b. Remove the note that states, "10' setback from ROW". c. All fencing is required to "step down" to 3 feet if solid material is used or 4 feet if open vision material is used, within 20 feet of the right-of-way. Either include a note as such on the plan or depict graphically. Da Vinci Park FP -14-013 PAGE 2 EXHIBIT A 6. The residential structures built within this subdivision shall be consistent with the conceptual elevations included in the development agreement. Additionally, the developer shall incorporate some of the same design elements in the commercial portion of the development as in the residential portion of the development in accord with the design guidelines contained in the Design Manual. 7. The side of the structure on Lot 2, Block 1 that faces E. McMillan Road and the rear of the structures on Lots 1-7, Block 3 that back up to N. Locust Grove. Road shall incorporate articulation through changes in materials, color, modulation, and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines. 8. A Certificate of Zoning Compliance and Design Review application is required to be submitted and approved by the Planning Division for all single-family attached and commercial structures on the site prior to issuance of building permits. 9. All fencing installed on the site shall comply with UDC 11-3A-6 and 11-3A-7. If permanent fencing does not exist at the subdivision boundary, temporary construction fencing to contain debris shall be installed around this phase prior to release of building permits for this subdivision. 10. This development sits adjacent to a water pressure zone boundary, and therefore special considerations in design must be made to ensure the separation of the zones. One connection is to be made to the high pressure main in E. McMillan Road at the intersection of N. Park Crossing Avenue, and a second connection is to be made from the proposed main in N. Bright Creek Avenue cul-de-sac to the existing main in N. Locust Grove Road. 11. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the Applicant of responsibility for compliance. VII. GENERAL REQUIREMENTS Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. 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 (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement Da Vinci Park FP -14-013 PAGE 3 EXHIBIT A with the City of Meridian. 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. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 8. All development improvements, including but not limited to sewer, water, fencing, and pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy, or as otherwise allowed by UDC 11-5C-1. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-12-3H. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street 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. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but Da Vinci Park FP -14-013 PAGE 4 EXHIBIT A rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian 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. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. V. EXHHBITS A. Vicinity/Zoning Map B. Approved Preliminary Plat (dated: 8/19/13) C. Proposed Final Plat (stamped/dated: 3/9/14) D. Landscape Plan (dated: 2/26/14) Da Vinci Park FP -14-013 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Da Vinci Park FP -14-013 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat (dated: 8/19/13) Da Vinci Park FP -14-013 PAGE 7 _ _ NCNI„IAN ROAC ._-------- f- _ 42' PRELIMINARY PLAT SHOWING }rL1MSCM[e—Ir UA VINCI PARK SUBDIVISION 7 uaa r ¢ 1 � 'z "'A.�..� cat a ,y,yyw A SUBDIVISION LOCATED IN THE NE 1/4, OF THE NE 1/4, SECTION 31, T.4N., R -1E., B.M. ADA COUNTY, IDAHO 1.4 ACRE 2013 RETAIL LOT It S 1.,6C ar 1} I,iW i 61,1!} d iii ". CLLW31Y k U If W M 1],111 N � r W W F we ifle6"L'e1Qf6 ♦ 41. ar � �d ' i Wa1101 LOT •,, """"" �M w i � rv:.�wtia tn�st• � —a— Iww 1.w ep0 �"s"'� � +o* 1aRt.. .. ww eaaa Oa«oiM. l<1081 i/!1 ] I+u n ! M 1.t♦C 1+ 7a s 1C —a— ♦sW - a1�kW .. Wit. 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Curr LANG. roar Z room. 60]x1 CS2. LLC roe «a �1a DA VIP1C1 PARK }CII-wl6-661-szza FAx r16-sn-6las PREDMINARY PLAT Da Vinci Park FP -14-013 PAGE 7 EXHIBIT A Exhibit C - Proposed Final Plat (dated: 3/9/14) iV.J F. [A. MHN 31 N PLAT SHOW' NG D NG11 1P suaDMI-163RON A PORTION OF LOT 7, CRESTWOOD SUBDIVISION AND A PORTION OF THE NE 1/4 OF THE NE 1/4 OF SECTION 31, T. 4N., RAE.. B.M., CITY OF MERIDIAN, ADA COUNTY. IDAHO 2014 E19NIINE IT CERTIFIGCTE E. McMILLAN ROAD "`o'vo'°FmagaStu+'t,io-`im"vo®',r`�r,u"i.'nsar"rn� e. ..� : iFt .M.X a.F .r,..�r,X� .�,w• A.Y > ,� rut. N 60'46'04" M 26!1.57' JD 29 Ori f. v[ +rtaYFf - w+.1r —-- —- 7,T - '01 i J201 r a 04' E J17.79AM _ S 61•y I t:w' - - •�--r.l.Qt �• E. 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SHEET 1 OF 2 Da Vinci Park FP -14-013 PAGE 8 EXHIBIT A Exhibit D: Landscape Plan (dated: 2/26/14) Street Tree Niles Projw Caf om: .. .. .1 1-3.,.,....,.�.s., .au<o., .res crtiHxi ACHD Landscape Plan Notes [incl Plat Landscape Notes Planting Sdredul® � r CrNr Fens Oahu _ +H(�.e �YRiP�roW:fSWxtt � «. cw a M�Yi K' W VS TnW l R£..xm. K ad'iia. wRtx tK4xVt tlMo.la� PIMG OBCEUDUS Tree PWnpinO Da Vinci Park FP -14-013 PAGE 9 (L So c$! ii ca t] a `S A N A G E_ E N T TO: Meridian City Council 33 E. Broadway Ave., Suite 210 Meridian, Idaho 83642 DATE: April 30, 2014 RE: Response to Staff Report for FP -14-013 — Da Vinci Park We have reviewed the Staff Report and concur with the report and agree with the Conditions of Approval. We look forward to working with you and your staff on this project and request your approval. If you have any questions or concerns please contact me at (208) 861-5220. Sincerely, Robert C. Unger Manager ULC MANAGEMENT • 6104 N. GARY LANE • BOISE, IDAHO 83714 (208) 861-5220 • BUNGER@ULCMANAGEMENT.COM Meridian City Council Meeting (I DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: AZ 14-004 ITEM TITLE: AMBERWAVE SUBDIVISION Development Agreement for AZ 14-004 Amberwave Subdivision by The Land Group, Inc. Located Southwest Corner of W. McMillan Road and N. Meridian Road Request: Annexation of Approximately 5.56 Acres from RUT in Ada County to the R-15 (Medium High 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 35 BOISE IDAHO 05122/14 01:17 PM DEPUTY Lisa Batt RECORDED -REQUEST OF III IIIIIIIIIIIIIIIIIIIII�III Meridian City 114039261 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Gem State M&M, LLC, Owner/Developer ZJ THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_ day of tL , 2014, by and between City of Meridian, a municipal corporation of the State of daho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Gem State M&M, LLC, whose address is 5262 N Papago PL Boise, ID 83713, 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 § 67-6511 A 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 annexation and zoning of 5.56 acres described in Exhibit "A", requesting a designation of R-15 (Medium -High 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 - AMBERWAVE SUBDIVISION (AZ 14-004) 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 6th 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 -AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 2 OF 8 3.2 OWNER/DEVELOPER: means and refers Gem State M&M, LLC, whose address is 5262 N Papago PL, Boise, ID 83713, 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 High Density Residential District (R-15) 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 Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A of the Staff Report attached hereto in the Findings as Exhibit B. 5.1.2. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4 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. McMillan Road and N. Meridian Road (Lots 2-5 and 7-18, Block 1). 5.1.3. A maximum of twenty-seven (27) single family detached homes shall be constructed on the site. 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: DEVELOPMENT AGREEMENT-AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 3 OF 8 7.1 Acts of Default. Either parry'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 parry 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 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. DEVELOPMENT AGREEMENT - AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 4 OF 8 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: Gem State M&M, LLC 5262 N Papago PL Boise, ID 83713 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 - AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 5 OF 8 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This'provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the 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 - AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 6 OF 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: Gem State M & M, LLC William Fremgen CITY OF MERIDIAN By: Mayor Ta6Ay de Weerd 4O�.iED AL/CGST ATTEST: 4 L2� - n /+ city of E IDIAN& erkyT6a IDAHO �� SEAL 4 1he DEVELOPMENT AGREEMENT - AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 7 OF 8 STATE OF IDAHO ) M19 County of Ada, On this ta day of , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared William Fremsten , known or identified to me to be the Manager of Gem State M & M, 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. (SEAL) `0011111111111 S�`N"E' 4 '9ti���i• 'Mob +� am A ; � OF Z Naz UeL1G :• 1 STATE OF IDAHO ) ss County of Ada hMotary Public fVIdah Residing at: "4 My Commission Expires On this ,% day of 2014�efo me a Notary Public ' �aW on personally appeared Tammy de Weerd and , know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Notary Public or Idaho `. Residing at:le 0•+ Commission expires: DEVELOPMENT AGREEMENT — AMBERWAVE SUBDIVISION (AZ 14-004) PAGE 8 OF 8 Legal Description December 3, 2013 Project No. 113196 EXHIBIT A THE LAND GROUP, INC. Exhibit "A" AMBERWAVE SUBDIVISION ANNEXATION — REZONE DESCRIPTION A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said Township 4 North, Range 1 West, and Sections 30 and 31 of Township 4 North, Range 1 East, B.M., (from which point the 1/4 Section Corner common to Sections 25 and 36 bears North 89'27`22" West a distance of 2,681.84 feet), said Section Corner being the POINT OF BEGINNING; Thence South 00"29'41" West a distance of 834.82 feet on the section Line common to said Sections 31 and 36; Thence North 89"27'27" West a distance of 290.00 feet on the northerly boundary line of Ambercreek Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12145 of Ada County Records, to an angle point in the northerly boundary line of said Subdivision; Thence North 00°29'41" East a distance of 834.83 feet to a point on the Section Line common to said Sections 25 and 36; Thence South 89'27'22" East a distance of 290.00 feet on the Section Line common to said Sections 25 and 36 to the point of beginning. Said Parcel contains 5.56 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn, PLS L.nxdrru/x Arehi/eetnre • 5de Plawniq . CiN11-gi"eerieg • G## Coarse Imgafian & Eigi"eeriag • Gruphie Coariaft11M1rox 462F.. Shore Drive, Ste. 100, Eagle, Idaho 83616 . 1'208.939.4041 1, 208.939.4445 • www thcPandgmuoiar com Amberwave Subdivision AZ 14-004 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 5.56 Acres of Land with the R-15 Zoning District and Preliminary Plat Consisting of 27 Residential Building Lots and 3 Common/Other Lots on 4.70 Acres of Land, Located on the Southwest Corner of W. McMillan Road and N. Meridian Road, by The Land Group Inc. Case No(s). AZ -14-004; PP -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 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 Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -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 annexation and zoning 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 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 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-3D). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of April 22, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -3- By action of the City Council at its regular meeting held on the day of t , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE COUNCIL VICE PRESIDENT KEITH BIRD COUNCIL MEMBER DAVID ZAREMBA COUNCIL MEMBER JOE BORTON COUNCIL MEMBER LUKE CAVENER VOTED VOTED VOTED s };, j VOTED tj VOTED —_... 1 COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED — (TIE BREAKER) r Mayor Tam e Weerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: "c -Q C C effice �l CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-004; PP -14-002 -4- EXHIBIT A STAFF REPORT Hearing Date: April 22, 2014 TO: Mayor and City Council E IDIA FROM: Bill Parsons, Associate City Planner (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Amberwave — AZ 14-004 and PP -14-002 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, The Land Group Inc., has applied for annexation (AZ) of 5.56 acres of land with an R- 15 zoning district and a preliminary plat (PP) consisting of twenty-seven (27) single-family residential lots and three (3) common/other lots on approximately 4.70 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on 03/20/14. At the public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. _Summary of Commission Public Hearing: i. In favor: Tamara Thompson ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: L Condition 1.2.2b, bullets 1 and 2 were stricken by the Commission; ii. Commission modified site specific condition 2.1.1 to allow the secondary water connection through the Ambercreek Subdivision to the west. d. Outstanding Issue(s) for Citv Council: L None n.. Will � � � lel• Ambenvave AZ & PP PAGE l EXHIBIT A 1Key Issues of Discussion by Council: L Sidewalks adjacent to the arterial streets, k Pedestrian connection to the Meridian Road sidewalk, c Key Council Changes to Staff/Commission Recommendatjo 1 he Citv Council waived the tiling of the Lemn Canal 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 004 and PP -14-002 as presented in the 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 AZ -14-004 and PP -14-002 as presented in the 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 AZ -14-004 and PP -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's SO436110025 and SO436110505) The site is located on the southwest corner of W. McMillan Road and N. Meridian Road in the NE 1/4 of Section 36, TAN., R.1 W. b. Applicant: The Land Group Inc. 462 E. Shore Drive, Suite #100 Eagle, ID 83616 c. Owner: Gem State M&M, LLC 1775 W. State Street, Box 317 Boise, ID 83702 d. Representative: Tamara Thompson, The Land Group Inc. (939-4041) e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission 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) c. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 25 2014 (Council) Amberwave AZ & PP PAGE 2 EXHIBIT A d. Applicant posted notice on site by: March 10, 2014 (Commission); April 7, 2014 (Council) 6. LAND USE a. Existing Land Use(s): The subject site consists of a single family residence and a detached accessory structure that will be demolished with the development of the proposed subdivision. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for the vacant commercial property to north (C -G), this property is primarily surrounded by residential subdivisions, zoned R-8. c. History of Previous Actions: • In 2008, the City denied the application for a comprehensive plan map amendment and annexation of the property (CPA -08-008 and AZ -08-009). d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Lava Falls Drive. Location of water: Water mains intended to provide service to the subject property currently exists in W. Lava Falls Drive and N. Meridian Road. Issues or concerns: None e. Physical Features: 1. Canals/Ditches Irrigation: The Lemp Canal transverses the north boundary of the plat and the applicant has requested it remain untiled due to the size of the facility. 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 a residential subdivision consisting of 27 single-family detached homes on 4.70 acres of land at a gross density of 5.74 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to annex the property with an R-15 zoning district. Although the requested zone allows a maximum density of 15 dwelling units to the acre, the proposed density falls within the parameters of the MDR designation of the comprehensive plan. For these reasons, staff finds the proposed development is consistent with 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): Amberwave AZ & PP PAGE 3 EXHIBIT A • "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." (3.07.01 E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the Cite, lvhich currently consists of a rnix of mediu m -low and medium density r-esidential 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 adjacent to properties annexed into the city and services ar-e available to be extended to the site upon development in accord with UDC 11-3A-21. • "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at urban densities consistent 114th the density of the proposed residential development. The proposed development ivill also consist of single family detached homes. • "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) Tfith the development of the subdivision, the applicant is proposing to construct a small segment of local street (N. Alester Ave. and W. Havasu Falls St.) to serve the proposed development. This street network hill also stub along the west boundary and tie into the street network ofAmbercreek Subdivision for future connectivity. • "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc." The applicant is required to comply tivith all UDC standards pertaining to landscaping, signage, and fencing on the site. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)" (Chapter 3, page 54). Street buffer landscaping is required adjacent to W. McMillan Road and N. Meridian Road in accord with the standards listed in UDC 11 -3B -7C. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-15): 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. 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-15 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-7 for the R-15 zoning district. D. Landscaping: A 25 -foot wide landscape buffer is required to comply with the design standards in accord with UDC 11-313-7C. Amberwave AZ & PP PAGE 4 EXHIBIT A 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: Annexation (AZ): The applicant has applied to annex 5.56 acres of land from RUT in Ada County to the R-15 zone to develop twenty-seven (27) single family detached homes. The R-15 zone is desired to allow the flexibility to construct patio homes within the proposed dimensional standards depicted on the plat without the need for shared driveways as would be required in the more restrictive R-8 zone. To ensure the site develops as proposed and at a density consistent with the comprehensive plan, staff recommends the applicant enter into a development agreement with the City. Preliminary Plat (PP): The proposed preliminary plat consists of twenty-seven (27) single family residential lots and three (3) common /other lots on approximately 4.70 acres of land in the proposed R-15 zoning district. Lot sizes range between 3,951 and 6,870 square feet respectively. The average lot size within the proposed subdivision is 4,625 square feet. The proposed gross density of the subdivision is 5.74 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-15 zoning district. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-7 for the R-15 zoning district. The R-15 zone requires a minimum lot size of 2,400 square feet with no street frontage requirement. As mentioned above, the applicant is proposing lot dimensions that exceed the minimums of the R-15 district. Therefore, all of the proposed lots comply with the dimensional standards of the UDC. The applicant is proposing Lots 3-5, Block I to take access from a common driveway (Lot 6, Block 1). The submitted plat depicts a 30 -foot wide common lot (25 -foot wide driveway and 5 - foot wide landscape buffer). The 5 -foot wide landscape buffer is required because Lot 7, Block 1 is not taking access from the common drive in accord with UDC 11 -6C -3D5. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Additionally, the common driveway and the landscape buffer must be owned and maintained by the homeowners association. Access: Access to this development is proposed from the extension of N. Alester Avenue and N. Havasu Falls Street, via W. Lava Falls Drive. The internal streets are proposed as a reduced street section (42 feet of right-of-way; 29 feet between curbs); which restricts on -sheet parking to one side of the street. The Fire Department has reviewed the proposed development and has approved the street section as proposed. W. Havasu Falls Street is proposed to stub along the west boundary which will provide future connectivity with the Ambercreek Subdivision. Direct lot access via W. McMillan Road and N. Meridian Road is not proposed or approved with this application. Staff is supportive of the public street access and reduced street sections proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25 -foot wide landscape buffer adjacent to W. McMillan Road and N. Meridian Road is required to be installed in accord with UDC 11-313-7C. On the submitted landscape plan, the applicant is proposing a single common lot adjacent to W. McMillan Road and N. Meridian Road. Amberwave AZ & PP PAGE 5 EXHIBIT A The section of the common lot adjacent to McMillan Road is approximately 65 -feet wide due to the 50 -foot wide Lemp Canal and the 65 -foot wide Idaho Power easements. On the submitted landscape plan, the applicant is proposing to install a 25 -foot wide landscape buffer without the required trees. UDC 11 -3B -7C requires the installation of seven (7) additional trees in the street buffer (one tree every 35 linear feet). Since the required trees will be in close proximity to the overhead power lines, UDC 11 -3B -5J requires the installation of class 1 trees only. With the submittal of a final plat application the applicant must submit a revised landscape plan that includes the seven (7) class 1 trees. As mentioned below, there is an existing 5 -foot wide detached sidewalk adjacent to the canal along McMillan Road. Between the open canal and the sidewalk (width varies between 7 and 12 feet) is an area that could be landscaped. The submitted landscape plan does not show any landscape improvements in this area. Since the project is located on a prominent corner, staff recommends the applicant, at a minimum, plant sod (or some other form of landscaping) in this area to promote a consistent landscape theme along the canal. The applicant must coordinate with Settlers Irrigation District and Idaho Power on the proposed landscape improvements within the dedicated easement area. The portion of the landscape buffer adjacent to N. Meridian Road is 28 feet in width and includes the required plant materials in accord with UDC 11 -3B -7C. Ditches, Laterals, and Canals: The Lemp Canal transverses the north property. Per UDC 1I - 3A -6, all irrigation ditches, laterals or canals, exclusive of natural waterways and waterways being used as amenities, which intersect, cross or lie within the area being subdivided shall be covered. The applicant is seeking a waiver from Council to allow the Lemp Canal to remain un - tiled due to the size of the facility as allowed under UDC 11-3A-6A3b. With the submittal of the final plat application, the applicant must depict the 50 -foot wide Lemp Canal easement on the face of the plat. 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. Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets within the City. Currently, a 5 -foot wide detached sidewalk exists along McMillan Road and a 7 -foot attached sidewalk exists along Meridian Road. Since the existing sidewalks pre -date the proposed subdivision, staff is not recommending any changes to the existing sidewalks. However, there is an existing curb cut to Meridian Road (pasture access) that will be removed and replaced with new sidewalk with the development of the proposed subdivision. 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 all existing healthy trees 4 -inch caliper or greater that are removed from the site. With the submittal of the final plat the applicant must submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6 -foot privacy fencing along the west, north and east perimeter of the development. The internal fencing consists of 6 -foot privacy along the south boundaries of Common Lots 6 and 19, Block 1. The fencing proposed for the development complies with UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year -rotund 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 Amberwave AZ & PP PAGE 6 EXHIBIT A prior to receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home and accessory detached structure on the site that will be removed with the development of the proposed subdivision. The existing structures must be demolished and the existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. Building Elevations: The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front porches. Since the applicant is requesting to annex the property, staff recommends the applicant incorporate similar building materials and a mix of materials on all sides of the future homes, specifically, for those facades that face a public street as envisioned by the Meridian Design Manual. 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. McMillan Road and N. Meridian Road (Lots 2-5, 7-18, Block 1) as described above to ensure conformance with these design features. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit A.4. In summary, Staff recommends approval of the proposed annexation and preliminary plat 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: 01/29/14) 3. Proposed Landscape Plan (dated: 01/27/14) (REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Amberwave AZ & PP PAGE 7 -'4 aP..E �, . P ��t � i� � :� ®�'� �`� ��� J , � � �a � 1 i. EXHIBIT A 2. Proposed Preliminary Plat (dated: 01/29/14) •. ____ __ _. ` • a r . . . . . . e • . .. _ Ix n�z aij ____. ______ _ _..a j'6i}•tRi( .. , � _ -- -- -n. x. . i6 FF71� Uw • lis! it -' � i �,�•-ru.ma.� t E __ __ ' _ _ _ _, �� l ��° � /3 6 3 f , � .'-3v• •—'i� de \-.� _---. .. .. .--- anent-- 14AM4Fatl....... 1 ,• 41 �[ 1r j.xm i I 9 lve•a s �-�- a _ _--_ t �{- i_-��-__ __ � I .eiu v 7 L s ' QQ ua as i «au ? a •��J.RY--..�=T-':.—EL���E.�SY ���Y �� �� .—L__.--�A'��.P7. ��...:•__-_� ____ 4sa �ei.�C\ Preliminary Plat B Prvleet flmmnYo . Neter. Zoning RegW,wenU: Am6aesnl6kAW Mqi Derdeger 5 Pr 111, ,Amer. cossuromk MLEo41a'.3 easrs Amberwave AZ & PP PAGE 9 r_ is EXHIBIT A J. Froposeci Landscape Flan (dated: U1/27/14) ( hVISEQ) al1Wa 63 �a va E,,3 e 3 T.,, T.geeliee let,,: Wlrteie Retrc o mq aor^tee,.,t.unaeu./ 3 Ca^uem6unentlel Amberwave AZ & PP PAGE 10 EXHIBIT A 4. Building Elevations Amberwave AZ & PP PAGE 11 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Annexation 1.1.1 A Development Agreement (DA) is required as a provision of the 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. 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 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. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. b. 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 rear facades that face W. McMillan Road and N. Meridian Road (Lots 2-5 and 7-18, Block 1). c. A maximum of twenty-seven (27) single family detached homes shall be constructed on the site. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 01/29/14, shall be revised as follows: a. Lots 3-5, Block 1 shall take access from common driveway as proposed. Since Lot 7, Block 1 does not take access from the common drive, provide a 5 -foot wide landscape buffer along southern edge of the common driveway as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5 -foot wide landscape buffer. b. Direct lot access shall be prohibited to W. McMillan Road and N. Meridian Road in accord with UDC 11 -3A-3. c. Lot 6, Block I is non -buildable lot and must contain the temporary emergency turnaround as proposed until the stub street (W. Havasu Falls Street) is extended with Ambercreek Subdivision. d. Depict the 50 -foot wide Lemp Canal easement on the face of the plat. 1.2.2 The landscape plan, dated 01/27/14 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 Common Lot 1 and Common Lot 19 as proposed. W4h +hn ..ubfflittal of a fin applieatien, the n lien„+must submit n revised landseape in„ that imiudes the fel. l..,i++ .• landseave (with sod or othei; plant m4er-ials) the -avea between the 5 foo! wide-detaehe4 sidewalk and the setALer- ed—of the beini) C The applicant shall receive approval from the Settlers Irrigation District and Idaho Power on Amberwave AZ & PP PAGE 12 EXHIBIT A the proposed landscape improvements within the dedicated easement area. c. 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. d. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. 1.2.5 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-15 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. The applicant shall remove the constructed curb cut on N. Meridian Road and replace that section with a new 7 -foot wide attached sidewalk. 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 as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-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 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless waived by City Council. The City Council waived the tiling of the Lemn Canal in accord with UDC 1 l - 3A-6A.3b. 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. Amberwave AZ & PP PAGE 14 EXHIBIT A 1.4.3 The preliminary plat approval shall be mill 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. 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 I1-313-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3G -3F1. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible to extend an 8 -inch diameter water main through common area Lot 1 and 6, and connect to the existing 12 -inch diameter water main in N. Meridian Road OR extend an 8 -inch diameter water main through the Ambercreek Subdivision to the west and connect to the 12 -inch diameter water main in W. McMillan Road. 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, 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 Amberwave AZ & PP PAGE 15 EXHIBIT A (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 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 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 accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights Amberwave AZ & PP PAGE 16 EXHIBIT A 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. 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 '/2" outlet face the main street or parking lot aisle. b. The Fire hydrant shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be place 18" above finish grade. g. Fire hydrants shall be provided to meet the requirements of the IFC Section 509.5. 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 Private Alleys and Fire Lanes shall have a 20' wide improved surface capable of supporting an imposed load of 75,000 lbs. All roadways shall be marked in accordance with Appendix D Section D103.6 Signs. 3.3 All entrance, 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 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 3.6 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. 3.7 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. Amberwave AZ & PP PAGE 17 EXHIBIT A 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGmvAy DISTRICT 7.1 SITE SPECIFIC CONDITIONS 7.1 Replace any deteriorated or deficient sidewalk, or pedestrian facilities alone McMillan Road abutting the site, consistent with District Minor Improvements Policy 7203.3. 7.2 Replace the existing driveway with vertical curb gutter, and 7 -foot wide concrete sidewalk and replace any deteriorated or deficient sidewalk or pedestrian facilities along Meridian Road abutting the site, consistent with District Minor Improvements Policy 7203.3. 7.3 Construct the internal street, Alester Avenue, as a 29 -foot street section with rolled curb gutter, and 5 -foot wide attached sidewalk within 42 -feet of right-of-way and sign one side of the street as "No Parking". 7.4 Construct 1 stub street Havasu Falls Street 110 -feet to the west property line located approximately 215 -feet south of McMillan Road (measured centerline to centerline), 7.5 Install signage at the terminus of the stub street stating that "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.6 Payment of impacts fees are due prior to issuance of a buildingerp mit. 7.7 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 Any existing irrigation facilities shall be relocated outside of the right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 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 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 Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Amberwave AZ & PP PAGE 18 EXHIBIT A Disabilities Act (ADA) requirements. 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 Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 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 the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the fixture, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Amberwave AZ & PP PAGE 19 C. Legal Description and Exhibit Map December 3, 2013 Project No. 113196 EXHIBIT A THE LAND GROUP, INC. Exhibit "A" AMBERWAVE SUBDIVISION ANNEXATION — REZONE DESCRIPTION A parcel of land located In the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said Township 4 North, Range 1 West, and Sections 30 and 31 of Township 4 North, Range 1 East, B.M., (from which point the 1/4 Section Corner common to Sections 25 and 36 bears North 89°27'22" West a distance of 2,681.84 feet), said Section Corner being the POINTOF BEGINNING; Thence South 00°29'41" West a distance of 834.82 feet on the section Line common to said Sections 31 and 36; Thence North 89°27'27" West a distance of 290.00 feet on the northerly boundary line of Ambercreek Subdivision No. 1, as same is shown on the Plat thereof recorded In Book 97 of Plats at Page 12145 of Ada County Records, to an angle point in the northerly boundary line of said Subdivision; Thence North 00°29'41" East a distance of 834.83 feet to a point on the Section Line common to said Sections 25 and 36; Thence South 89°27'22" East a distance of 290.00 feet on the Section Line common to said Sections 25 and 36 to the point of beginning. Said Parcel contains 5.56 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn, PLS IF Lrrnrlrreoe A"Gilerbue • Sile Planabg e Grtl Erwginre&q • Golf Conrn In{ a ioa & P.gkfering • Grrodir C.'or+antrde"lio" 4621". Shore Drive, Ste. 100, Tingle, Idaho 83616 • P 208.939.4041 F 208.939.4445 www.thclandpmu.a Amberwave AZ & PP PAGE 19 EXHIBIT A i S.25 N8902722"W 2681.84' S.25 I S.30 1145.38—�---�� -- 290.D0' 3.36 S,31 I 93 tr 4'03 I 5.5G ACRES co N 0 O z N89°27'27"W 200.00' z�z vlv r � I_ (ci m to I N I� I$ 0 I i S.36 1� S.31 1/4 1 LAA/LD U88- wh Amberwave AZ & PP PAGE 20 ANNEXATION EXHIBIT MY:li�l`6JLL 1'•fA P9jhYNa' 117TH � X THE LAND GROUP MCO"ORAM AMBER[it7Giii E OVISPOW oxtaaa„m ezwaau b m. 462 Eul Shtrt MR. CLIO Ho C�@JBUJ tomo- E32.4 %��{ MEXA` ION- ZONE trenxa 4108X0 Phaia408909.4011•Eix408.�094!(5 Pim®tl 6Rft51811 p� ��j EXHIBIT MEMBIAR I0A110 Amberwave AZ & PP PAGE 20 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex 5.56 acres to the R-15 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-15 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 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 11-511-3.E). The Council finds annexing this property with an R-15 zoning district is in the best interest of the City if the applicant enters into a development agreement. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan (please see Section 7 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; Amberwave AZ & PP PAGE 21 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. ACHD considers road safety issues in their analysis. The Council considered 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 considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance. Amberwave AZ & PP PAGE 22 Meridian City Council Meeting ("14 DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS EXPO - MINI HEAVY EQUIPMENT AGREEMENT Mini Heavy Equipment Rodeo Agreement with CESCO for Public Works Week Expo 2014 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS NDIAN�- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator Ashley Newbry, EIT — Staff Engineer DATE: May 14, 2014 Mayor Tammy de Weerd C11V Coundl Memberfr toe Borton Keith Bird Luhe Covener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH CESCO FOR PUBLIC WORKS WEEK EXPO 2014 I. RECOMMENDED ACTION A. Move to: 1. Approve the License and Indemnity Agreement with CESCO for the Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, PWW Expo Chair 489-0352 Ashley Newbry, PWW Expo Sub -Chair 489-0385 Kyle Radek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background For the past two years the Mini Heavy Equipment Rodeo has been a focal point of the Public Works Week Expo. This year, we are working primarily with CESCO to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo. Page 1 of 2 IV. IMPACT A. Strategic Impact: The City Hall east parking lot will be closed for the expo and the mini heavy equipment rodeo, The rodeo will take place in the center of the parking lot, and will be roped off using traffic cones and caution tape. The equipment will be live and operational, so it can be quickly moved, if necessary. B. Fiscal Impact: License and Indemnity Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the License; and Indemnity Agreement with CESCO; this will prevent the Mini Heavy Equipment Rodeo at City Hall. VI. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license agreement to CESCO. This will allow CESCO to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement (Rodeo) Approved for Council Agenda: Page 2 of 2 444 Date LICENSE AND INDEMNITY AGREEMENT with CESCO for the 2014 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT is made this_ day of, 2014 ("Effective Date"), by and between Contractor's Equipment Supply Co, dba CESCO, whose address is 2000 E. Overland Road, Meridian, Idaho (hereinafter "Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on June 4, 2014 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo.activity in the City Hall east parking lot (referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the rnini heavy equipment rodeo, specific activities include the following: B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit "A" attached hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on June 4, 2014, along with sufficient time to set up and tear down immediately before and after the time period set forth herein. lI. INDEMNIFICATION; INSURANCE. A. Indemnification. In consideration of Licensee's fee -free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions; judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee and not caused by or arising out of the tortious conduct of City of Meridian. Licensee acknowledges that accessing or using Property LICENSE AND IDEAA71YAGREEMENT Page 1 of 5 carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the tortious conduct of the City of Meridian or its employees. B. No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City, and if City becomes liable for an amount in excess of the insurance limits herein provided, Licensee 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. Licensee shall provide City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph and shall file such proof of insurance with the City Clerk. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D. Waiver, Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property, whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the tortious conduct of the City of Meridian or its employees. E. As -is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as -is, both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. LICENSE AND IDEMNITYAGREEMENT Page 2 of Ill. GENERAL PROVISIONS. A. Alterations, improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance, regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for -cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. 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 by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department Attn: David Allison 33 E. Broadway Avenue Meridian, Idaho 83642 Licensee: CESCO 2000 E. Overland Road Boise, Idaho 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. F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations, policies, agreements, and requirements, including, but not limited to, the CUP, and further shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. LICENSE AND IDEMNITYAGREEMENT Page 3 of 5 G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. LICENSEE CESCO 3Q� Y Mark C. Canfield President CITY OF MERIDIAN: Tammy de rd, Mayor LICENSE AND IDEMNIU AGREEMENT Page 4 of 5 CESICU Meridian • Jerome Liability Release Form Name of Business or Organization: Contractors Equipment Supply Company (CESCO) and The City of Meridian Activity or Event: City of Meridian Public Works Exposition Equipment Rodeo Participant's Name (Printed) 2000 E. Overland Rd. Meridian, ID 83842 208-888-3337 fax 208.888-3088 www.oescoequip.com I understand that participation in the above Activity or Event may be hazardous for the above-named participant. In signing below, I assume risk of harm or injury which may occur to the participant as a result of participating in the above-named event or activity. I hereby release CESCO and the City of Meridian, and, its officers, employees, or agents from any liability, costs and damages resulting this individual's participation. If the participant is a minor: I agree that the minor has my consent to participate in the event or activity. I also give my consent for the business or organization to seek emergency treatment for the minor if necessary, and I agree to accept financial responsibility for the costs related to this emergency treatment. Participant's signature / Date Name of Parent or Guardian Signature of Parent/Guardian / Date Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: ff PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS EXPO - EQUIPMENT PARKING AGREEMENT Equipment Parking Agreement with RWP Meridian LLC for Public Works Week Expo 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 C E IDIANI-6,-, PL1�i11C IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: May 14, 2014 Mayor Tammy de Weerd City Cewndl Nemberfo Joe Borton Keith Bird Luke Cavener Brad Hoaglun Charles Rountree David Zaremba SUBJECT: EQUIPMENT PARKING AGREEMENT WITH RWP MERIDIAN LLC FOR PUBLIC WORKS WEEK EXPO 2014 I. RECOMMENDED ACTION A. Move to: 1. Approve the Temporary License Agreement for equipment parking with RWP Meridian LLC 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, PWW Expo Chair 489-0352 Kyle'kadek, Asst. City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Background This year, as in years past, we have coordinated with the owner of the empty dirt lot at 502 N. Main Street, to park a piece of heavy equipment with a sign advertising the upcoming Public Works Week Expo. The term of the agreement is from May 30t' to June 9t', 2014. Page I of 2 IV. IMPACT A. Strategic Impact: By having the equipment and sign out the Friday before the event, we hope to inform the public that Public Works Week is starting, and get them excited to join us for the Expo on June 4th B. Fiscal Impact: Temporary License Agreement $0.00 V. ALTERNATIVES A. The City could choose not to sign the Temporary License Agreement with RWP Meridian LLC, making it so we would be unable to advertise the event in this manner. VI. TIME CONSTRAINTS Council's approval will allow for the timely return of the signed license agreement to RWP Meridian LLC. VII. LIST OF ATTACHMENTS A. Temporary License Agreement (Parking) Approved for Council Agenda: f Page 2 of 2 TEMPORARY LICENSE AGREEMENT THIS AGREEMENT made and entered into this ZMO day of l"�'1!�,! , 2014, by and between the City of Meridian, an Idaho Municipal Corporation, herei after called "City", and RWP Meridian LLC, hereinafter called "RWP". WHEREAS, City is sponsoring an event titled "Public Works Week" and City desires to publicize the event in the downtown Meridian area, and WHEREAS, RWP owns a parcel of bare land in downtown Meridian that would accommodate public parking and a piece of heavy equipment upon which City could attach a temporary sign, and WHEREAS, RWP is willing, upon certain terms and conditions, to provide non- exclusive, temporary use of the property for the purposes stated herein for a period of time defined within this Agreement. NOW, THEREFORE, the parties hereto agree as follows: GRANT OF TEMPORARY LICENSE For and in consideration of promises contained herein, and other good and valuable consideration, RWP hereby gives and grants to City the non-exclusive right, privilege and license to use a portion of certain real property, located at 502 North Main Street, Meridian, Idaho. The property subject to this agreement is generally depicted on Exhibit A (referred to herein as the "licensed premises"). 2. TERM OF AGREEMENT This temporary license is granted for a term to begin on May 30, 2014 and expiring on June 9, 2014. 3. USE OF LICENSED PREMISES City's use of the licensed premises shall be limited to parking of one piece of heavy equipment, such as a tractor, upon which the City may affix a temporary sign. City agrees to comply with all applicable regulations for parking heavy equipment and the placement of temporary signs pursuant to the laws and regulations of the City of Meridian and any other governmental authority with appropriate jurisdiction. IN Temporary License Agreement 4. REPAIR AND RESTORATION OF PREMISIS: City shall be responsible for restoration or repair of the licensed premises necessitated by damage caused by City's use under this Agreement. INDEMNIFICATION AND INSURANCE City hereby agrees to defend and hold RWP harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the maintenance, use, and occupancy of the licensed premises by City, its invitees, agents, and employees. If any claim, suit or action is filed against RWP for any loss or claim described in this paragraph, City shall defend RWP and assume all costs, including attorney's fees, associated with the defense or resolution thereof, however RWP shall not be relieved hereby from liability for its own negligent or willful act or omission or that of its employees. In addition, City shall maintain, and specifically agrees to maintain throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, and such amount shall be deemed to be the limit of City's covenant to save and hold harmless RWP. In the event the insurance minimums of the Idaho Tort claims Act are changed, City shall immediately submit Proof of Compliance with the changed limits. 6. NOTICES A. All notices to be given with respect to this Agreement shall be in writing addressed as follows: To RWP: RWP Meridian LLC 199 North Capitol Blvd. #300 Boise, ID 83702 To City: City of Meridian City Clerk 33 East Broadway Meridian, ID 83642 B. Notice shall be either delivered or sent by certified mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Every notice shall be deemed to have been given at the time it is deposited in the United States mail, or upon delivery to the party above specified, or their agent or legal representative. i� Temporary License Agreement - 2 - 7. CONDITION OF LICENSED PREMISES City acknowledges that City has inspected the licensed premises and does hereby accept the licensed premises as being in good and satisfactory order, condition, and repair. City agrees that upon termination of this Agreement, City shall surrender the licensed premises to RWP in the same good condition as received, reasonable wear and tear, damages by fire, acts of vandalism, or act of God exempted. 8. APPROVAL BY CITY COUNCIL REQUIRED This Agreement shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor. IN WITNESS WHEREOF, the parties hereto have subscribed their names the day and year first above written. RWP J��E►L:i/1�� CITY OF MERIDIAN By. Tammy d eerd, Mayor Temporary License Agreement .3- EXHIBIT "A" Parcels to be used: R10090000360; R10390000340 Temporary license Agreement - 4 - Meridian City Council Meeting (',"' DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICE AGREEMENT - CONCERTS ON BROADW Professional Services Agreement with Kevin Patrick Kirk, Inc. for Musical Talent for Concerts on Broadway for a No -to -Exceed Amount of $8,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT MUSICAL TALENT FOR CONCERTS ON BROADWAY This PROFESSIONAL SERVICES AGREEMENT — MUSICAL TALENT FOR CONCERTS ON BROADWAY ("Agreement") is made this day of May, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Kevin Patrick Kirk, Inc., a corporation organized under the laws of the State of Idaho, whose address is 1606 N. 17th St., Boise, Idaho ("Promoter"). WHEREAS, the City desires that the plaza at Meridian City Hall serve as a place where members of the community can gather to enjoy downtown Meridian and to take part in the arts, and to that end, the Meridian Arts Commission is presenting Concerts on Broadway, a series of concerts to be held in the Meridian City Hall plaza during the summer; and WHEREAS, the Parties mutually desire to present, as part of Concerts on Broadway, two concerts featuring the music of Kevin Kirk & Onomatopoeia, a seven -piece band specializing in the performance of jazz music; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. A. Performance. Kevin Kirk & Onomatopoeia shall perform for the public two concerts of approximately fifteen (15) songs each, from 7:00 p.m. to at least 8:30 p.m., on Saturday, June 28, 2014 and on Saturday, August 30, 2014, in the plaza at Meridian City Hall, at 33 E. Broadway, Meridian, Idaho, with one fifteen -minute break during this time. In case of inclement weather, the venue will be moved to an indoor location to be determined and agreed upon separately by the Parties. B. Sound system; set up and sound checks. City shall provide, set up, and operate any and all sound systems and equipment necessary to electronically amplify music and spoken announcements. City shall set up sound systems and/or related equipment by 5:00 p.m. on the date of each performance, and Kevin Kirk & Onomatopoeia may rehearse and/or perform sound checks at that time. All set-up, rehearsal, and/or sound checks shall be completed by 6:30 p.m. Kevin Kirk & Onomatopoeia will require one hour to complete set up and sound check prior to 6:30 p.m. C. Risers. If Promoter elects to use risers to elevate the musicians, Promoter shall provide and set up such risers, and shall utilize such materials necessary to protect City facilities from any and all damage therefrom. II. COMPENSATION. A. Total amount. City shall make total payment to Promoter for services rendered pursuant to this Agreement for the June 29, 2014 concert in the amount of four thousand dollars ($4,000.00) and for the August 30, 2014 concert in the amount of four thousand dollars ($4,000.00). These payments shall constitute full compensation from City to Promoter and/or to the members of Kevin Kirk & Onomatopoeia for any and all services, costs, and expenses related to services performed under this Agreement. Promoter and/or the respective members of Kevin Kirk & PROFESSIONAL SERVICES AGREEMENT—KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE I of 5 Onomatopoeia shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. B. Cancellation of event. If Kevin Kirk & Onomatopoeia is present and prepared to perform at the time, date, and place, and in accordance with the terms set forth herein, City shall pay Promoter in the amount set forth herein, even if the event is cancelled due to unforeseen events not caused by Promoter or the members of Kevin Kirk & Onomatopoeia. Any decision regarding whether to cancel the performance shall be made no earlier than 6:30 p.m. on the date of each performance. C. Method of payment. By June 6, 2014, Promoter shall provide City with: 1) a completed ACH Form, 2) a copy of a voided check, and 3) invoices in the amount of four thousand dollars ($4,000.00) for the June 29, 2014 concert, and in the amount of four thousand dollars ($4,000.00) for the August 30, 2014 concert. So long as all documents are complete and received by June 6, 2014, City shall pay Promoter in full via direct deposits in the amount of four thousand dollars ($4,000.00) on June 29, 2014, and in the amount of four thousand dollars ($4,000.00) on August 30, 2014. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Promoter. III. VENUE A. Plaza. City shall provide for the performance the outdoor plaza on the east side of Meridian City Hall, 33 E. Broadway, Meridian, Idaho ("venue"), which is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and Kevin Kirk & Onomatopoeia members from damage due to weather and other conditions that do or may exist. B. Public venue. Promoter acknowledges that the venue is a public place and that all members of the public shall be invited to attend. To this end, the members of Kevin Kirk & Onomatopoeia shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Kevin Kirk & Onomatopoeia's performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory. C. City policy applies. Promoter and Kevin Kirk & Onomatopoeia shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department, and any requirements of the City Building Maintenance Technician, which requirements shall be reasonable and for the purpose of protecting City facilities and property. D. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the plaza, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. E. Merchandising. Promoter and/or Kevin Kirk & Onomatopoeia shall be authorized to sell albums and/or merchandising material at the performance, and may retain the proceeds of such sales. City respectfully requests that twenty percent (20%) of any proceeds from merchandise sold at the Concerts on Broadway event be voluntarily donated to the Meridian Arts Commission. Promoter and Kevin Kirk & Onomatopoeia shall be responsible for paying all sales and other taxes due and owing on the proceeds from merchandise sold. PROFESSIONAL SERVICES AGREEMENT — CONCERTS ON BROADWAY PAGE 2 of 5 IV. TERMS AND CONDITIONS A. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. See, e.g., section I.B., requiring one (1) hour of set up and sound check time prior to 6:30 p.m. B. Promotion of event. City shall promote the performance in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. Promoter may undertake additional promotional activities at his own expense and effort, subject only to the limitations set forth herein. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, without violation of City's respective rights of privacy or any other rights City may possess in connection with its role in the production of Concerts on Broadway, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Executive Assistant. To the extent practicable, Promoter shall be given the opportunity to review, for purposes of accuracy, and approve all promotional materials in advance of their publication, broadcast or dissemination. The band shall be listed as "Kevin Kirk & Onomatopoeia" in all promotional materials that are created by City or within the City's control. C. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of the obligations of Kevin Kirk & Onomatopoeia under this Agreement related to or that may relate to the band's talent or expertise. Promoter may subcontract or assign obligations that do not require the band's artistic talent or expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. D. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. E. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter and/or Kevin Kirk & Onomatopoeia, their assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter and each member of Kevin Kirk & Onomatopoeia acknowledge that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. F. Waiver. Except as to rights held under the terms of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall, and hereby do, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. G. Relationship of Parties. Promoter and each member of Kevin Kirk & Onomatopoeia is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of PROFESSIONAL SERVICES AGREEMENT — KEVIN KIRK/ONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 3 of 5 employer and employee between Promoter or any member of Kevin Kirk & Onomatopoeia and City or any official, agent, or employee of City. Promoter and Kevin Kirk & Onomatopoeia shall retain the right to perform services for others during the term of this Agreement. H. Compliance with law. Throughout the course of this Agreement, Promoter and each member of Kevin Kirk & Onomatopoeia shall comply with any and all applicable federal, state, and local laws. I. Non -Discrimination. Throughout the course of this Agreement, neither Promoter nor any member of Kevin Kirk & Onomatopoeia shall discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. J. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. K. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. L. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. M. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. N. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. O. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. P. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: City: Promoter: City of Meridian Kevin Kirk for Kevin Patrick Kirk, Incorporated Emily Kane, Deputy City Attorney 1606 N. 17th St. 33 E. Broadway Avenue Boise, Idaho 83702 Meridian, Idaho 83642 Phone: (208) 761-7536 Phone: (208) 898-5506 E-mail: kevinkirkmusic@gmail.com E-mail: ekane@meridiancity.org Either party may change its address for the purpose of this section by giving written notice of such change in the manner herein provided. PROFESSIONAL SERVICES AGREEMENT — CONCERTS ON BROADWAY PAGE 4 of 5 Q. Warranty of authority. Promoter expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Kevin Kirk & Onomatopoeia and each and every member thereof. Promoter further warrants that he is authorized to bind Kevin Kirk & Onomatopoeia and its members to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Kevin Kirk & Onomatopoeia and its members. R. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Qday of May, 2014. PROMOTER: Kevin Kirk, President Kevin Patrick Kirk, Inc. CITY OF MERIDIAN: BY: �TEDAUCU� 1 Tammy de rd, Mayor W City of CAVI E IDIAN� C_ IDAHO Atte -` v r • y Ja ee H an, i erk SEAL 6p ��1he TRE A5��0 PROFESSIONAL SERVICES AGREEMENT— KEVIN KIWONOMATOPOEIA, CONCERTS ON BROADWAY PAGE 5 of 5 Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: .B7 PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES moyve 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 '34 DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: FP 14-020 ITEM TITLE: KNIGHTHILL CENTER FP 14-020 Knighthill Center by Mason and Stanfield Inc. Located Southwest Corner of N. Linder Road and W. Chinden Boulevard Request: Final Plat Approval Consisting of Five (5) Commercial lots on Approximately 9.1 1 Acres in the C -G Zoning District MEETING NOTES D ED 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 �S 3 DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: PP 14-005 ITEM TITLE: CENTER COMMUNITY SUBDIVISION Public Hearing: PP 14-005 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Preliminary Plat Approval Consisting of Six (6) Single Family Residential Lots and Two (2) Common Lots on Approximately 6.77 Acres in an Existing R-15 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 DATE: Ma) Meridian City Council Meeting 21.2014 ITEM NUMBER: PROJECT NUMBER: MDA 14-006 ITEM TITLE: CENTER COMMUNITY SUBDIVISION Public Hearing: MDA 14-006 Center Community Subdivision by Oak Leaf Development Company, Inc. Located North of Chinden Boulevard and West of N. Jayker Way Request: Development Agreement Modification to Amend the Approved Concept Plan and Substitute 6.77 Acres in an Existing R-15 Zoning District MEETING NOTES Y", APPROIED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting (-I A DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. 11 ft : A Resolution Appointing Woody Garvey to Seat 1 of the Meridian Historic Preservation Commission MEETING NOTES Lj' APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 14- 9 q o BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING WOODLAND (WOODY) GARVEY TO SEAT 1 OF THE MERIDIAN HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 1 establishes the Meridian Preservation Commission, its members and terms of their appointments; and and WHEREAS, Seat 1 of the Meridian Historic Preservation Commission is currently vacant; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective appointment of Woodland (Woody) Garvey to Seat 1 of the Meridian Historic Preservation Commission as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Woodland (Woody) Garvey shall be appointed to Seat 1 of the Meridian Historic Preservation Commission, which term shall run through October 31, 2017. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this DI day of May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this a \ day of May, 2014. APPROVED: 004p,TennucUs �--, G0 3 City of ATTEST: CAVI E IDIS IAN.— � IDAXO it... � a By. r Is Javice L.an. rtv y de Weerd Uf RESOLUTION FOR APPOINTMENT OF WOODLAND (WOODY) GARVEY TO SEAT I — HISTORIC PRESERVATION COMMISSION - I C7>W1ER1D1AN,._,__ Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: 13 Parks &Recreation Commission O Planning & Zoning Commission D Meridian Arts Commission 8 Historical Preservation Commission O Transportation Commission 13 Impact Fee Committee 'O Solid Waste Advisory Commission O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: GLENWOOD L. (WOODY) GARVEY, AIA Home Address: 2386 W. Chateau Drive, Meridian, ID 83646 Telephone: (208) 258-7413 E -Mail Address: glgarvey@glga-intl.com Occupation: Project Management, Architect/Designer, Planner, Systems Analyst/Engineer Are you a resident of the City of Meridian? N Yes O No If not, do you live in Meridian's area of impact? D Yes O No Why do you want to become involved? Believe in Preservation of the character and quality of historic buildings and areas through sensitive good planning and design. Do you participate in any local service clubs or other organizations? O Yes n No If so, please list: What areas of city government are of most interest to you? Planning and Urban Design, Special Projects. Have you participated in any level of volunteer government service in the past? O Yes M No If so, please list: Do you understand the time commitment required to attend meetings and review/research data to make recommendations? 71 Yes O No Signature _ Date April 16, 2014 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 8884433 Fax: (208) 888-4218 GLENWOOD L. (WOODY) GARVEY, AIA Corporate/Project Manager, Architect, Planner, Designer, Systems Analyst/Engineer 2386 W. Chateau Drive, Meridian, ID 83646 o Tel.: (208) 258-7413 o Email glgarvevCa) laa-intl.com ❑ Website: www.glga-inti.com April 16, 2014 Mayor Tammy de Weerd MERIDIAN CITY HALL 33 E. Broadway Avenue Meridian, ID, 83642 Re: Interest in City of Meridian Opening on the Historical Preservation Commission, Dear Mayor Tammy, I want you know of my interest in and professional qualifications related to serving on the Historical Preservation Commission. I'm an architect/designer and urban planner with more than 30 -years of experience working on major projects, many in complex urban settings and environmentally sensitive areas. As an example, the Crocker National Bank project proposed in San Francisco some years ago involved removal of an old office building above an historic banking hall, preserving the banking hall and linking it to a new modern high-rise corporate headquarters. My perspective is that with good: ❑ Planning and design, Meridian can continue to grow and preserve the historic and small town character that makes it a special place. ❑ Preservation, re -use and adaptation efforts, there is the opportunity for older and historic buildings and areas to become even more an integral part of a vibrant and evolving community. Crocker National Bank Headquarters San Francisco, CA Although a relatively new to Meridian, I really enjoy everything about living here. If you believe I would be a good fit for the Commission I would be pleased to hear from you either by email at ql arvey(c).glga- intl.com or by telephone at (208) 258-7413. Regards, *A*eWw> Glenwood L. (Woody) Garvey, AIA Attachment: Resume (5 -pages) Sheraton International Hotel, Qatar Use Development, Los Angeles, CA Research Office Building, Stanford Research Institute, Menlo Parc, CA Brophy Residential and Office Towers, Phoenix, AZ _I LA Zoo Children's Special Venue, CA GLENWOOD L. (WOODY) GARVEY, AIA Corporate/Project Manager, Planner, A/E Designer, Systems Analyst/Engineer 2386 W. Chateau Drive, Meridian, ID 83646 Tel.: (208) 258-7413 Email: gigarve giga-intl.com Glenwood L. (Woody) Garvey has more than 30 years' experience in corporate and project management, planning, and architecture and urban design of significant projects for corporate, institutional and governmental clients, in the U.S. and over 30 countries. As president of two Los Angeles -based architecture and planning firms, he has profitably managed contracts with construction values over $1 billion US, including innovative projects and programs for mixed-use development, regional planning and new towns, industrial facilities, airports, hotels, and recreation, exhibition and entertainment facilities. EDUCATION University of California, Los Angeles (UCLA) School of Architecture and Urban Planning Master of Architecture in Urban Design Washington University, St. Louis, MO School of Architecture Bachelor of Architecture Bachelor of Science, Architectural Engineering/Sciences REGISTRATION Registered Architect, State of California Member National Council of Architectural Registration Boards SELECTED PROJECTS As Principal -in -Charge, Sr. Project Director, Sr. Project Planner/Designer. Recent Activities, 2011-2013 ❑ New Multi -Phased 200-000 bpd Refinery — Fujairah, UAE. Technical and financial feasibility studies for first refinery in the UAE planned to be built with private investment and financing. In association with Chemex LLC, proposed to build refinery in multiple -phases using modular equipment to reduce delivery times and development costs. ❑ Geothermal Power Generation Program — Mozambique, Africa. Start of geothermal power generation to be undertaken by OILMOZ, the Mozambique state-owned oil company. In association with Geothermex and Power Engineers. ❑ Nigeria Proiects — technical and financial studies for upgrade/expansion of several hydroelectric dams; for a new State-owned refinery development in the Niger Delta; and for Nigerian a National Gas Flaring/Power Generation and Environmental program. ❑ Other Consultations — related to reconstruction and housing development in Libya, modernization of port facilities and construction of a transshipment facility in the Caribbean, development of a South Sudan state-owned refinery currently under review by a S. African investment/funding source. Intevep Applied -Research Institute, Venezuela Client: Petroleus de Venezuela (PDVSA) ❑ World's largest petrochemical research institute, provides R&D to Venezuelan nationalized oil companies. ❑ Completed program, site selection, master planning, design and construction over 13 -year period. First phase involved major reconstruction of Jesuit Seminary to convert to modern corporate headquarters. Provided special 505 Sansome High -Rise, San Francisco, CA Deep Space Network Facilities Master Plan, CA, Spain and Australia Master Plan and Terminal Design at Baghdad Intl. Airport, Iraq I Mixed -Use Transit -Oriented Development with Metroplitan Transit Authority, Los Angeles GLENWOOD L. (WOODY) GARVEY, AIA construction teams from U.S. for installation of curtain -wall, IT and interiors systems. ❑ New campus includes corporate headquarters, national petroleum library and computer center, conferencing facilities, general and specialized laboratory buildings, visitor center and other support facilities. JPUNASA Deep Space Network (DSN), U.S., Australia and Spain ❑ 10 -Year Facilities Master Plan for major changes in JPUNASA space tracking and communication complexes; including at Goldstone Reservation in the Mojave Desert, California; site of 10 -Antennae Installations on 60,000 acre remote site; and for JPUNASA complexes in Australia and Spain. ❑ Involved changes to DSN to incorporate new antennae and other technologies, changes in mission requirements and funding; and restructuring of the DSN organization. Special Needs School (SNS) Complexes, Kuwait Client: Kuwait Ministries of Education and Public Works a Programming, master planning and design of three complete new School Complexes to serve Kuwait and Gulf Countries special needs students. ❑ Schools at each Complex provided for blind, deaf, physically -handicapped, autistic, mentally -challenged and for other students with special needs. Building program is over 4,000,000 sq. ft. with an ECV of approximately $5 billion U.S. ❑ Conducted study tour with Ministry personnel at selected outstanding examples of special needs education in the U.S. Corporate Headquarters and High -Rise Office Buildings ❑ American Airlines - planning and design of American Airlines (AA) Campus and New Headquarters involving move of AA corporate headquarters from NY to a site adjacent to Dallas -Fort Worth Airport. AA campus includes national training center used by multiple airlines for pilot and flight operations training. ❑ Avery Corporation - site selection/relocation studies, site selection, planning and design of New Heaquarters for Avery Corporation on historic site in Pasadena, CA. ❑ 505 Sansome — a 19 -Story High -Rise in San Francisco, adjacent to the iconic Transamerica Building. Planned and designed for small tenant occupancy, with advanced FGRC precast concrete panels (first time used in high-rise construction) and with use of operable windows and small balconies, and a sophisticated HVAC zoning and control system that is energy-efficient and creates natural ventilation and view opportunities for tenants. ❑ Other Corporate Headquarters —for ARCO, Citicorp, Meneven (a Venezuelan Oil Company), TRW, Nissan, and others. East Los Angeles High School No. 2 Client: Los Angeles Unified School District (LAUSD) ❑ Planning, design and construction of first new High School based on Small Learning Communities (SLC) educational concept, now being adopted throughout the U.S. ❑ Conceptual plan and design selected to fit challenging site conditions (topography and configuration), to fit well in existing urban context, and created opportunities for early construction and occupancy saving LAUSD up to three years in completing the project and at a substantial savings. ❑ Participated in community meetings that successfully addressed issues related to traffic, security, noise, community use of school facilities and other issues. Museum Worid Trade Center, Seattle, WA Crocker Nati. Bank Headquarter, San Francisco Ttv LaunchlRecovery Concept for LEO Satellites from PANAMAX Carrier in Pacific Ocean GLENWOOD L. (WOODY) GARVEY, AIA Qatar National Development Projects Clients: Office of the Amir, Qatar Foundation, and Qatar Petroleum ❑ Master Planning and Urban Design — for New Doha (a 20 -year plan substantially completed in 2000 to modernize the City of Doha); Umm Said to create a new industrial/port city, Comiche (Government and Private Sectors with Tange) and New District Center (a major mixed-use development). ❑ Sheraton International Hotel — an iconic Middle East Hotel with large 1200 -seat international conference center. Constructed to begin modern development period in Doha, unique architecture created with advanced steel framing structural system. ❑ Qatar Monumental Tower — design created for Amir to enhance Qatar's image. Project not built as Amir selected to focus on other social and economic development programs for the country. Designed with Ove Arup as lead structural consultant. ❑ Qatar Education City— School of Foreign Services and Student Center, as Executive Architect with Legoretta & Legoretta as Design Architect. ❑ Qatar National Library — Executive Architect Consultancy Services with Turner International as Program Manager. Program conceived and designed as major architectural statement, library and natural history museum to house Qatar's significant collection of books and other historic/educational items. Project is on -hold at this time, most likely pending restart on a different site. Hospital Projects, in the U.S. and Middle East ❑ Olive-View/UCLA Medical Center, Los Angeles CA — Planning and design of NPC -3 Program, a seismic evaluation/retrofit of non-structural items to meet State of California, Office of State Healthcare Planning and Design (OSHPD) program requirements for acute care hospitals. Developed standards adopted by the County of Los Angeles, Dept, of Public Works for data collection, planning, move management and other requirements. ❑ Kuwait Hospitals — including programming and master planning for Al Jabar, a 1200 -bed hospital currently under construction for the Kuwait Ministry of Health; and planning and preparation of documents for retendering of the New Ahmadi 350 -bed Hospital for the Kuwait Oil Company. ❑ New Aqaba Hospital, Aqaba. Jordan — programming, master planning and design for 350 -bed replacement hospital to improve healthcare services as part of the State's strategic plan to encourage tourism, international investment and development in the region. Hospital to serve the general public, but built for and to be operated by Jordan's Military Medical Service. Industrial Engineering/Planning ❑ Weyerhaeuser Company— Long-range master planning for the Longview Millsite, Longview, WA; the world's largest wood products millsite; involving implementation of a regional plan to include satellite mill facilities, construction of new deep water export facilities, use of new high technology mills, and upgrade of all mill facilities to meet environmental standards and increase operational efficiencies. Other projects for Weyerhaeuser involved a Deep Sea Export Facility on Puget Sound, Dupont, WA; and new Millsite Development in Columbus, Mississippi. ❑ Other Projects -- for North American Rockwell; Ciba Geigy/Furane Products, Inc.; AMOCO (now BP); Shelf Oil Company; Nissan Motor; Pauley Petroleum Company; Burlington Northern, Inc.; Aerospace Corporation; Lockheed Corporation; McDonnell Douglas Corporation; Kingdom of Saudi Arabia; State of Qatar, Office of the Amir; State of Illinois, Office of the Governor; U.S., Dept. of Transportation, Federal Aviation Administration; Republic of Yemen; Los Angeles Marathon; and for the Los Angeles Olympic Organizing Committee (multiple venues and projects including for ABC Television). Institute, Venezuela Avery Intl. Headquarters, Pasadena, CA GLENWOOD L. (WOODY) GARVEY, AIA Business Planning/Product Development Company: Self -Cleaning Environments USA, Inc. ❑ Received U.S. and international patents; and founded company to develop new major industrial appliance technology. ❑ Built prototypes, successfully conducted field tests with AMOCO (now BP) and the Shell Oil Company. ❑ Prepared business plans, raised $2.5 million US private investment with several private placement offerings. ❑ Received awards and recognition for development of a significant new technology, a self-cleaning restroom (SCR), a public restroom designed for use in new construction or remodel projects at gas stations, fast food restaurants, Industrial facilities, and other applications including use onboard ships by the U.S. Navy and in field installations by the U.S. Army. EMPLOYMENT Lanqdon Wilson International, 2000-2011 Sr. Associate Partner, Director of Special Projects Glenwood L. Garvey Associates (GLGA) 1980-2000 President, Sr. Project Director Self -Cleaning Environments USA, Inc., 1992-2000 President, Director or Research & Development Previous Associations William L. Pereira Associates, President, Executive Planner/Designer Ralph M. Parsons Company -Systems Engineering Division, Systems Engineer/Analyst/Planner ORGANIZATIONS & RECOGNITION ❑ Member, American Institute of Architects (AIA) ❑ Member, Urban Land Institute (ULI) ❑ Elected to Lambda Alpha, Honorary Land Economics Society ❑ Awarded R&D 100 Award ❑ Received AIA Honor Award ❑ Recognized by U.S. Navy for contribution to Naval Shipyard Modernization Program, by Bechtel Corporation, and by the LA Unified School District. ❑ Appeard on "MacNeil-Hehrer Newshour" segment on Productivity Gains in the U.S. Economy, interviewed on numerous other television newscasts and programs. ❑ Quoted in numerous trade journals, magazines and newspapers, nominated for INC. Magazine's Entrepreneur of the Year Award, featured in WASHINGTON, his undergraduate alumni magazine. ❑ Awarded U.S. and International Patents ❑ Won Yale Film Festival, selected by the U.S. Information Agency (USIA) as an outstanding new film maker in the U.S. PROFESSIONAL SKILLS ❑ Project Management ❑ Master Planning ❑ Architectural Design ❑ Systems Engineering ❑ Manpower Planning ❑ Feasibility Studies ❑ AutoCAD ❑ Technical Writing ❑ Product Development ❑ Business Development in Budgeting, Cost Estimating/Control ❑ Business Planning ❑ Scheduling (Suretrak, Primavera P3) ❑ MS/Office (incl. Excel/PPT) ❑ Graphic Design a Space Planning GLENWOOD L. (WOODY) GARVEY, AIA New Short -Haul Terminal Facilities, Laguardia Airport, NY Reconstruction of Seminary Redevelopment of Historic Hotel, Abu Dhabi, U.A.E. to INTEVEP Headquarters, Venezuela U.S. Naval Shipyard Nissan Motors Engine -Testing and Engineering Facility, Torrance, CA Modernization Program High -Technology Mills at Weyerhaeuser Longview Millsite, WA At Zarqa New City Housing Development, Oman Meridian City Council Meeting DATE: Mav 21, 2014 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Legal Department: Resolution No. c�� I A Resolution Appointing Commissioners to Designated Seats on the Meridian Historic Preservation Commission MEETING NOTES Ff APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING COMMISSIONERS TO DESIGNATED SEATS ON THE HISTORIC PRESERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-1-3(C) has been amended to provide for designated seat numbers for the Historic Preservation Commission and terms of office pertaining to such seats; WHEREAS, the City Council of the City of Meridian deems the appointment of commissioners to the designated commission seats to be in the best interest of the City of Meridian in that they facilitate the efficient operation of the Historic Preservation Commission; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-1-3(C)(1), the following members of the Historic Preservation Commission be appointed to the following seats and terms of service: Seat 1, term to expire on October 31, 2017: Glenwood (Woody) Garvey; Seat 2, term to expire on October 31, 2015: Blaine Johnston; Seat 3, term to expire on October 31, 2015: Frank Thomason; Seat 4, term to expire on October 31, 2016: Tom Hammond; Seat 5, term to expire on October 31, 2016: Rich Nesbitt; and Seat 6, term to expire on August 31, 2014: Joely Walters. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this a\ day of May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this Q) day of May, 2014. APPROVED: RESOLUTION APPOINTING HPC MEMBERS TO SEATS PAGE 1 OF 1 Meridian City Council Meeting 9c" DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT TRANSPORTATION UPDATE Community Development: Transportation Update on Projects, Plans and Programs - Including Discussions About Current Construction Projects Including the Meridian Road Interchange, Overlay Projects, and Other Transportation Projects MEETING NOTES Caleb 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 8, 2014 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager �W RE: Transportation Update, May 2014 May 13, 2014 City Council Workshop Agenda Item Below is a summary/update on some of the transportation and roadway projects City Staff has been involved with over the past couple of months. This is not an exhaustive list, but rather highlights some of the more important activities that have recently transpired (or are about to occur) in the transportation realm. Staff will be at the May 13th workshop to discuss some of these projects in more detail, but Staff does not intend on mentioning all of these projects during the meeting. Instead, please feel free to contact staff should you have any comments, concerns, or questions on any of these projects before, during, or after the workshop. KEYACHD CONSTRUCTION PROJECTS: Ustick/Locust Grove and Ustick. Locust Grove to Leslie: C&A Paving was awarded the construction contract by ACHD. Storm drain and irrigation work is complete. North side of roadway is nearly complete; traffic recently switched to north so work on south side can begin. Project is ahead of schedule; should be complete in the early summer of 2014. Chinden and Ten Mile Intersection: Project includes installation of new 3 -leg signal and widening of all three legs for turn lanes. Power relocation and irrigation on west side of Ten Mile, storm drain, and improvement of two irrigation crossings under Ten Mile, are also part of the scope. Project is associated with new Wal-Mart at McMillian and Ten Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 ■ Fax 208-888-6854 . www.meridiancity.org Page 2 Mile, which is under construction. Ten Mile, between Chinden and Lost Rapids Drive, is currently closed until approximately June 10th. Traffic is being detoured to Linder and Black Cat. The project should be complete in September. Ten Mile, Cherry to Ustick: This roadway widening project is designed. Construction is scheduled for FY2015 (NTP 11/13/2014). Ten Mile/Overland Park and Ride Lot: ACHD is designing a park and ride lot near the southeast corner of Ten Mile/Overland. The City's Planning & Zoning Commission approved the project in January. This project is on the ACHD 90 -day bid list and should go into construction in the spring of 2014. Pedestrian Projects: • Linder Rd and W. Divide Creek — Installation of a Pedestrian Hybrid Beacon — complete. • Cherry Lane and Todd Way (COMPASS Charter School) - Pedestrian Hybrid Beacon - complete. • Linder Rd - Waltman St to Pintail Dr — Sidewalk installation on west side of Linder under way. • Pine Ave, New Haven PI to Rotan Ave — Sidewalk installation on Pine, near Meridian High underway. • 2695 McMillan Rd - Sidewalk gap project. Notice to Proceed 5/13/2014 KEYACHD DESIGN AND STUDY PROJECTS Franklin, Black Cat to Ten Mile Road: This is a Federal Aid project, programmed for construction in 2016/17 with the Franklin/Black Cat intersection. As part of the scoping of this project, the City requested detached sidewalks, a center median, lighting, and reclaimed water be included with the project. A (landscaped) center median is no longer part of this project and discussions are ongoing about the need for reclaimed water. Ustick Corridor: There are several projects in the design and right-of-way phases along Ustick Road. There are plans to design and construct projects at the Ustick/Meridian intersection, and roadway widening projects for the segments between Locust Grove and Meridian and Meridian to Linder. McMillan, Locust Grove to Eagle: This project will widen McMillan Road to five lanes, with curb, gutter, sidewalk and bike lanes. It is being designed by ACHD and is at 95%. This project is currently planned for construction in FY2015. E. 3rd Street Extension: When ACHD adopted the 2014-2018 Integrated Five Year Work Plan, E. 3rd Street, from Carlton to Fairview, was listed as a project in the Economic Development Program. This project won't be constructed for a while (it is in PD) but some scoping for the project design should occur this year. Page 3 ITD PROJECTS Meridian Road Interchange (IC): The IC and 1-84 mainline widening contract for construction was awarded to Concrete Placing Company for $50.8M. As of Sunday, April 13t", construction began on this project. The new interchange will reduce congestion, improve safety and make way for a fourth lane on 1-84. There was a ground breaking ceremony held April 15t", in the Home Depot parking lot. The projects should be complete in the summer of 2015. Staff will be presenting enhancements to the Council later this year for landscaping and other aesthetic improvements associated with the IC project. SH -55 (Eagle Road): Work will begin this fiscal year to add an additional northbound and southbound lane to Eagle Road, between River Valley and 1-84. There are actually a few projects happening on Eagle Road over the next calendar year. From River Valley to Franklin, The Village developer is making improvements via a STARS agreement with the State and ACHD. Portions of sidewalk, a designated right -turn lane onto westbound 1-84, and other related improvements will be included. The Village (CenterCal) will be doing a project in 2015 too, to add an additional southbound lane to Eagle Road. ITD is also doing a project, Key #13473, currently on southbound Eagle Road, from Franklin to 1-84. RAIL WITH TRAIL Crossing Study: In the fall of 2012, the City applied for an $85,000 grant to study the Rail with Trail (RWT) pathway crossing of streets (7 crossings; Black Cat to Locust Grove). On February 4t", the City Council approved the contract with PEC to do the technical analysis of the pathway -street crossings. PEC and City Staff will be coordinating the project kick-off meeting with stakeholders (UPRR, ACHD, Operation Lifesaver, etc.) later this spring, after ITD approves the contract. The goal is to have the study complete later this year. The City also applied for design and construction grant money. Currently, there are $75,000 in FY2015 for design and $500,000 in FY18 and FY19 for construction in the Regional Transportation Improvement Plan (TIP). However, on March 27t", the TMA Balancing Committee recommended pushing design back to FY2017 and construction into PD. This action was taken primarily because the crossing project has not progressed and therefore, coordination with UPRR, Watco and Operation Lifesaver has not yet occurred. The COMPASS Board is scheduled to act on the TIP in late summer of 2015. OTHER PROJECTS/MISCELLANEOUS ACHD Maintenance Projects: Each year the condition of roads throughout Ada County is assessed by ACHD and a priority system is used to determine which roads have the greatest need for re -surfacing. Overlay work generally involves the milling and removal of two inches of existing (failed) asphalt. A fresh layer of asphalt is then applied to the roadway, which will also receive new lane markings. The road segments selected are based on an in-depth ranking system that accounts for wear and deterioration. Page 4 Pedestrian sidewalk ramps located along the overlay road sections will be removed and replaced if they are not in compliance with Americans with Disability Act (ADA) standards. Locust Grove, between Victory and Peacock (near Overland) is scheduled for an overlay this year. There will be lane restrictions on this section of roadway between June 8th and June 26th (est.) City Water Main Installation: There is a water main installation happening in Locust Grove, south of Victory this spring. The section of Locust Grove, between Amity and Victory, will be closed between May 11th and June 22"d. E. 3rd Street Railroad Crossing: The railroad is tearing out the north crossing on E. 3rd Street and putting down new railroad ties and concrete pads over the weekend of May 10th. On Monday, May 12th they are set to pave -back the asphalt. Joint City-ACHD Meeting: There is a joint City Council- ACHD Commission meeting scheduled for Thursday, May 22nd at 3:00 pm, Meridian City Hall. Right now, the agenda includes Safe Routes to School, Construction before Development, and Rural Sidewalks. Meridian City Council Meeting I DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: LEGAL DEPARTMENT - HISTORIC MERIDIAN SPECIAL EVENTS Legal Department Report: Historic Meridian Special Events MEETING NOTES nex �-- "Dc e,ke--- 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 21, 2014 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND 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; 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 clarify the City's interest in, and level of support for, historic community events; 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 3-4-1 shall be amended to include the following definition: CITY SERVICES: Services provided by City employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department, and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, reservations, or the provision of services by City contractors. Section 2. That the relevant provision of 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: OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 1 OF 4 DRAFT May 21, 2014 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; 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. P -.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 3. 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 OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 2 OF 4 DRAFT May 21, 2014 provided or necessary to support the event. City may provide city services necessary to support Historic Meridian Special Events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). 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 4. 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 - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 3 OF 4 DRAFT May 21, 2014 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 - AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND 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; 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 - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 4 OF 4 Meridian City Council Meeting 9 � DATE: May 21, 2014 ITEM NUMBER: 9� PROJECT NUMBER: ITEM TITLE: CITY COUNCIL REPORT - BOYS AND GIRLS CLUB City Council Report: Boys and Girl's Club Donation Discussion MEETING NOTES ,�-Z-e.Sc 6 aC-v- SOCA \C 4v- ct\4y1 T'alCtt��-�j L,e riot 14- u s ¢.. 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 9 �- DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: POLICE DEPARTMENT - AWARD ADDITIONAL FUNDING Police Department: Awarded Additional FY2014 Traffic Enforcement Mobilization Grant and Alive at 25 Funding MEETING NOTES goy Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0IMam S C (D < wQ'am W " 3 m uA) oma ^� 3 N (D S O = C y m O. CL (D rsm o w (D CL (� 0 <• O 0- C 0 Oar O CL 0 C. (a m Pr Co a Cu w to 3 3 M n cQ C a 3 C Q (D m a C O (D o CL ft ( CL ww O M o ° a S 3. su N N O O Q O :3 3 0 (D m o rl, O 3 N Na �' cr 2) C w Q. U3 (9 ,my. (D w Q am C 3 ii Q. r 3 d rD c c rn m u' (D p �CD �N CD 0 o m C � CD (Q O o cn C (D n0 U) m C ? N O 0 - CD O O (D n � 7 n c Q. 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Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: David Allison, Staff Engineer DATE: May 14, 2014 Mayor Tammy de Weerd CRy Council Memberss Keith Bird Joe Barton Luke Cavener Genesis Milam Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2014 IN THE AMOUNT OF $300,000 FOR THE WWTP ADMINISTRATION BUILDING AND LABORATORY CONSTRUCTION 1. RECOMMENDED ACTION A. Move to: 1. Approve the FY2014 Budget Amendment for $300,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS David Allison, Staff Engineer (Project Manager) 489-0370 Clint DoIsby, 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 WWTP is currently underway. An increase in the construction trades providing steel products as well as increased cold weather protection that was required during the concrete pours for the foundations, floors and sterns walls for the two buildings, has resulted in additional funding required to complete the projects. Page 1 of 2 B. Proposed Proiect This budget amendment is being requested to fund the remaining construction contracts for the new W WTP Administration and Laboratory. IV. IMPACT A. Strategic Impact: 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 Construction Contracts (3500-92000) $7,861,832.12 Total Cost $7,861,832.12 Project Funding Construction Estimate and Budget (3500-92000) $7,675,621.00 Proposed FY14 Budget Amendment (3500-92000) $300,000.00 Total Funding $7,975,621.00 V. LIST OF ATTACHMENTS A. Budget amendment form B. Change Order Spreadsheet Approved for Council Agen Date Page 2 of 2 Administration Building Change Orders Total Change Order Increases $65,977.54 Total Change Order Deductions ($20;593.85) Note A: See below Net all Change Orders $45,383.69 Laboratory Change Orders Total Change Order Increases $72,831.74 Total Change Order Deductions ($5,261.99) Note B: See Below Net all Change Orders $67,569.75 Cold Weather Protection Change Orders Admin Cold Weather Protection $ 8,460.00 Lab Cold Weather Protection $ 7,700.00 Note: Not Included In above change order numbers Card Reader/Access Control Contracts (to be let) Admin/OPs Card Readers $ 44,338.03 Lab Card Readers $ 25,882.98 Forecast Contingency $ 100,665.55 Note: For budget amendment blackout period (June - October 1) Total Amendment Request Amount $ 300,000.00 Note A: 12 Change Orders Under $1,000 for: Fire Alarm, Beam Resize, Electrical Room Door, Roof Framing Change, Cap Existing Water Main, Decrease Owner Provided Furnishings, Elevator Room Electrical 10 Change Orders $1,000 to $5,000 for: Additional Floor Box, BRO Line Relocate and New Valve, New Bearing for Roof Trusses, Stair Light Fixtures, Stair Pan Finish, Floor Duct Conflict, Dropped Deck, Door Revision, Waterline Isolation Valve Near Main Feed 5 Change Orders Greater than $5,000 for: SOD Replacement, Mainline Realignment, Unsuitable Soil Removal (New Parking Lot), Millwork Revisions Note B: 14 Change Orders Under $1,000 for: Owner Furnished Changes, New Condensate Line, Electrical Room Door, Elevator Room Electrical, Fire Rated Wall, Waste Piping in Lobby 7 Change Orders $1,000 to $5,000 for: Breaker and Electrical Feeder to Elevator, Lab Neutralization Tank, D.I. 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M A 0 0 0 ❑ ❑ ❑ ❑ 0 < -� iA -tom ;Jt �f �. yy M• o W 41 y J n C: --°u 0 M r m N m 030 v� C)0 --I D� s V my Z v m z T1 v � a' ID m n O s 2 a 0 m m m D — N V) N (D N T n 4 0 m 0 0 0 ❑ ❑ ❑ ❑ Z -� N o W Meridian City Council Meeting 9 H - DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS ENVIRONMENTAL - BUDGET AMENDMENT Public Works Environmental Division: Budget Amendment for FY2014 in the Amount of $50,000.00 for Water Quality Trading Program Feasibility Study MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS �E IDIAN�-- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Mollie Mangerich, Environmental Division er DATE: May 14, 2014 Mayor Tammy de Weerd City Council Member$i Reith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: BUDGET AMENDMENT FOR FY2014 IN THE AMOUNT OF $50,000 FOR WATER QUALITY TRADING PROGRAM FEASIBILITY STUDY RECOMMENDED ACTION A. Move to: 1. Approve the FY2014 Budget Amendment for $50,000; and 2. Authorize the Mayor to sign the amendment. II. DEPARTMENT CONTACT PERSONS Mollie Mangerich, Environmental Division Manager 489-0379 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The NPDES Implementation Plan was presented to the Mayor and City Council on April 8, 2014, in which the Water Quality Trading Program Feasibility Study was identified as one of the early development studies to: (a) inform larger capital investment decisions; (b) be of low cost relative to treatment improvements; and (c) include decision points that will help identify the next step in the NPDES compliance program. The Idaho Department of Environmental Quality allows water quality trading as a compliance solution to achieve the Total Maximum Daily Load (TMDL) objectives and meet NPDES loading limits in water quality Page 1 of I IV limited water bodies. The City's Wastewater Treatment Facility is expected to receive its new NPDES Permit in November 2014, and the Lower Boise River TMDL is expected to be in effect Spring of 2015. The Public Works Department is interested in assessing how a water quality trading program could, if at all, fit into its overall facility compliance plan. This budget amendment is being requested to ask for new money from the enterprise fund ending fund balance. B. Proposed Project This budget amendment of $50,000 is being requested for professional services to conduct a Water Quality Trading Program Feasibility Study which includes $2,800 for contingency measures. IMPACT A. Strategic Impact: This study is identified and aligned with our strategic preparations for Meridian's new NPDES discharge permit compliance requirements. B. Service/Delivery Impact: This feasibility study will provide guidance in our approach to meeting new discharge requirements, provide flexibility in our approach and inform decision- making that will be most cost-effective. C. Fiscal Impact: Budget Water Quality Trading Program Feasibility Study Budget Amendment Total Funding V. LIST OF ATTACHMENTS A. Budget amendment form Approved for Council Agenda' /A—% Page 2 of 2 $50,000 $50,000 Date C%E IDIA� 15. Wastewater Treatment Facility Water Quality, $200,0004400,000 2015 Plan Review Capacity, Reliability 16. Low Phosphorus Implementation Water Quality $200,000-$300,000 2015 Plan 17, Phosphorus Removal Water Quality $125,000-$250,000 2015 Optimization Design Development 18. Tertiary Filtration Technology Water Quality $100,000-$200,000 2015 Design Development 19. Infiltration Options Design Water Quality $300,000-$500,000 2015 Development 20. Reuse Program Decision Making Water Quality $100,000-$200,000 2015 21. Offset and Trading Options Water Quality $100,000-$200,000 2015 Design Development Subtotal $1,850,000- $3,500,000 First 5 -Year Permit Cycle Projects and Studies (2014-2018) 22. Sidestream Deammonification Water Quality $1,300,000- 2015-2016 $2,600,000 23. Centrate Equalization Tank Water Quality $1,250,000- 2015-2016 $2,500,000 24. Sidestream Phosphorus Water Quality $4,000,000- 2016-2018 Recovery $6,000,000 25. Grit Removal Chamber and Water Quality $2,000,000- 2016-2017 Influent Flow Meter $3,000,000 26. Headworks and Odor Control Capacity, Water $4,000,000- 2015-2016 Upgrade (influent pumping, Quality $8,000,000 influent screening, and odor control) 27. Phosphorus Removal Water Quality $4,600,000- 2016-2018 Optimization Construction $7,000,000 28, Reuse Program Phase 2— (Cherry Water Quality $4,000,000- 2017-2018 Lane Golf Course) $6,000,000 29. Digester 4 and 5 Improvements Water Quality, $1,700,000- 2017-2018 (RST and Mixing Improvements) Reliability $2,600,000 H�, ♦ 21 C>(,(EIDI� Summary of City of Meridian Wastewater Program Activities Add basis for costs and cost ranges Table 1: Summary of Capital Projects for Two NPDES Permit Cycles Project I Objective Cost Schedule Ongoing and Programmed Projects and Studies 1. Fermentation Water quality $2,700,000 2013-2015 2. RAS Denitrification Water quality $2,300,000 2015 (optimization) 3. NPDES Permit and TMDL Water quality $180,000 2014 Participation 4, UV Expansion Capacity, $2,500,000- 2014 Reliability $5,000,000 5. Review of Collection System Capacity, Water $100,000 2014 Expansion to Southwest and Quality Northwest 6. Meridian Heights and Kentucky Capacity, Water TBD 2014 Ridge Quality 7. New Administration Building and Capacity, $4,200,000 2014 Operations Building Retrofit Reliability 8. Laboratory Expansion Water Quality, $3,000,000 2014 Reliability 9. Aeration Basin Control Upgrades Water Quality, $300,000 2014 Reliability Subtotal $15,280,000- $17,780,000 Ongoing Associated Support Activities 10. Update Financial Plan Water Quality $100,000-$200,000 2015 11. Sustainability and Energy Studies Water Quality $125,000-$250,000 2015 12. Sidestream Nitrogen Design Water Quality $125,000-$250,000 2015 Development Study 13. Consideration of New Water Quality $250,0004500,000 2015 Technologies (Deammonification) 14. Condition and Capacity Reliability $250,000-$500,000 2015 Assessment �; � 20 1 R' 0030m S C fD < m '+ C) < o o h N s a) W CD p E 3 a; -p (D .. CD 3 C N a Cn m `< M ° m CD n M.07 ?; ^°� D o c � � 0 O� v a m cr (D C -mi ,°.n N N CD C' �,Er � CD c a 3 ChD TI O —I 0 3 =c rD m a o' a v h a m , D m cv o CD Q m 0 a) a�0-3 0° � aCDOQ 0) 3 CD - CD J N C -Oa CL a - a (n < z p v CD O M CD ai0�� n (D i � 3 C a) d 0 O S O CD a 0 0 (D p w° n Q Q j 0m C m CD 97 y" CD 0.MmM C <O c s O mo CD N v a p o @ �.0 n Q CJ. 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Ordinance No. A I (PO q- : Repealing City Code Provisions Regarding Texting While Driving and Uncovered Loads MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. I q - I G O —4 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; REPEALING MERIDIAN CITY CODE SECTION 7-1-13, RELATING TO UNCOVERED LOADS; 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, which prohibits texting and driving; WHEREAS, since the passage of Meridian City Code section 7-1-13, prohibiting uncovered load, the Idaho legislature has passed Idaho Code sections 49-613(4-9), which prohibits uncovered loads; 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 Meridian City Code section 7-1-13 is hereby repealed. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May o?� , 2014. O�pTBD AUC& APPROVED: ATTEST. �sGo� '� City of I IANC Tammy de e d, Mayor J ce o an, Cit -� erk IDAHO �A SEAL A';�' w e T RI AS�b� ORDINANCE REPEALING TEXTING WHILE DRIVING AND UNCOVERED LOADS CITY CODE PROVISIONS PAGE 1 OF I � NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- 1(e 0':- AN ':- AN ORDINANCE REPEALING MERIDIAN CITY CODE SECTION 7-1-9, RELATING TO TEXTING WHILE DRIVING; REPEALING MERIDIAN CITY CODE SECTION 7-1-13, RELATING TO UNCOVERED LOADS: AND PROVIDING AN EFFECTIVE DATE. r� Mayor and City Council --;4 By: Jaycee Holman, City Clerk �Fy First Reading: Adopted after first reading by suspension Idaho Code § 50-902: YES NO Second Reading: Third Reading: 'CPT• v� as allowed pursuant to STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- 1(pC j 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- 1( o 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 of12014. "tj,� William. L.M. Nary City Attorney ORDINANCE REPEALING TEXTING WHILE DRIVING AND UNCOVERED LOADS CITY CODE PROVISIONS PAGE 2 OF 1 a Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: ITEM TITLE: Ordinance No. PROJECT NUMBER: ORDINANCE NO. � � I G'0'�' : Updates to Title 1, Meridian City Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. — 1 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA 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, 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 1-1-1: TITLE: 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 legit ordinances of the City_ p,., videa :n ce^+;e-n TITLE 1 UPDATE PAGE I Of I 1-1-2: ACCEPTANCE: The Meridian City Code, as hereby „roomed in pr-in4ed f Fm, 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 effect, emeept the exelu oa or-dinanees enumerated i Seel ,, 1 2 1 of this Title. RM MIN M.RNFORWA-TWOWN.". n�wIt"trF.T.n HP a, NOR WNWIPP-90921WEN--:1 PM RM MIN M.RNFORWA-TWOWN.". n�wIt"trF.T.n TITLE 1 UPDATE PAGE 2 of 2 PM TITLE 1 UPDATE PAGE 2 of 2 12 1-1-1-3: REPEAL OF GENERAL ORDINANCES 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. W-100. - Illi I, 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. 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. TITLE I UPDATE PAGE 3 of 3 1-41-1-5: 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. 'T'i'e City Getineil hereby deel res that it would have passed faet that an), one or- more seetions, subseetions, subdivisions, paragraphs, —Ae...e., Oa -uses or- phrases 11"M SON.,,.';_.,:.,:,:,.,,.,.,,.:,:. 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 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 importingthe he 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 ani 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 MW OWN M.1 . 411 M. ANIONNOMININ M11111". WIN .0. TITLE I UPDATE PAGE 4 of 4 mwarm 1 • " Whenever the following words or- tefms are used in this Code, they shall have sueh meanings herein aser-ibed 4,. 41-,e unless 41,0 , v,4ovt makes . 1, L, S Y S 4 � t . ei"4v • 1. 11\_� ♦ •. ♦ .. ... 11 11 _ \iiiC ♦ � _ • r•T•r ♦ _maw 'IN IMP MI-7-mmm •19-0 go irm IN DWSMINApfflwn mm L • H _ MEN FAM TITLE I UPDATE PAGE 5 Of 5 • WAN - WON • •INTSPI •. .WPA 7 - • •INTSPI 7 - Chapter 4=2 GENERAL PENALTY FOR VIOLATION OF CITY CODE x-4-1 1-2-1: GENERAL PENALTY: A. Misdemeanor: Except as otherwise specified herein, any person convicted of a violation of any 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 TITLE I UPDATE PAGE 6 of 6 general punishment for misdemeanors. Unless sPeei€t alllly provided -elsewhere, a * a assess.of avielation of any seetion of pr-ovision of this City Code deemed a misdemeaner- may be fined in jail for- a period ef not fner-e than six (6) fnoi#hs. Either- or- both stleh fine and impr-isomment may - -, imposed; and in addition thereto, an), per -sen so eenvieted shall pay sueh eests as the eottft may 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 as a� infraetion by a Betio oft is City !`ode by State 1.,YY it ispunishable 1 b _____.....uv.= vJ uir�' Jvv�=v== vi rrrV v'rJrvu yr �rrr , penalty not exeeeding o -h-4--ind-red dolllafs ($100.00) and no ineafeer-ation may be imposed-. 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. 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. 1 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: TITLE I UPDATE PAGE 7 of 7 MO X11 11 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. 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. 1 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: TITLE I UPDATE PAGE 7 of 7 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 i7fl subseetie^ 1 5 1C of this Title 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 minutes and transcripts thereof, aid -shall keep in --a separate 1, , .' a record of ordinances passed by the City Council _andof the titles of suet, alphabetiea ly. The City Q -,r- , and shall see that each ordinance is published as required by law; and shall Creep a rite the proof o f stieh publieation. C. Report To City Council: Clerk;r-eeeived with appheations for- heenses whieh afe to eeme before the Git�, Goafleil; all other- fun r-eeeived by him as City id ll , ineluding a statement of the aggfega4e of waffa-PAs of eaeh fund issued, of waffants redeem during the month and waffan4s outstanding against eaeh fidnd at the close of sueh men4h. He shall. also a4 the elose of eaeh fiseal year- present to the City Gotineil an annual r-epoft eo i — I operations for- the entire yeaf, whieh said report shall also een4ain a deser-iption of the bonds is and sold dufing the >and the terms of sale; The City Clerk shall al -se 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 eei4ifie copy of any public record, paper- a file i his offiee or i his eustedy, for- the , of sueo ffieer- i the disehar-ge of his e ffi .: t duties, and he or she shall also furnish a eertifie copy of any such record papef of dee me to any person not an officer- of the City "on the payment in advanee of fifteen eei4s ($0.15) pef folio of one htmdr-ed (100) words s"upon request and payment of such fees as authorized or required red by law. 'mp.vrrjfp imp TITLE 1 UPDATE PAGE 8 of 8 TITLE 1 UPDATE PAGE 8 of 8 G—. E. Issue Licenses: The City Clerk shall issue all licenses as authorized by City Code., ,h,.,4e ate ef w-hieh shall be kept on ffle, but no lieense shall be issued to any per -son unless fees and ehafges fixed by ofdinanee shall have first been paid, fef whieh payment the City Clefk shall isstle a feeeipt in duplicate. The Git�, Qefk shall endorse upon the r-eeeipt and d"heate feeeipt the flumbef 04 the Ifie-einsse kept o filo with the .a,,,.ke to lieenso • .r.� , ,E • WNW* r. 11111211111111 10- 01 IA. A.; �' M-1 M. G—. E. Issue Licenses: The City Clerk shall issue all licenses as authorized by City Code., ,h,.,4e ate ef w-hieh shall be kept on ffle, but no lieense shall be issued to any per -son unless fees and ehafges fixed by ofdinanee shall have first been paid, fef whieh payment the City Clefk shall isstle a feeeipt in duplicate. The Git�, Qefk shall endorse upon the r-eeeipt and d"heate feeeipt the flumbef 04 the Ifie-einsse kept o filo with the .a,,,.ke to lieenso • .r.� , ,E • WNW* r. 11111211111111 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 per -son filling the offlee of Pepu4y City Clerk shall exeeu4e any and all offieial bonds approved by thee City Couneil to die-office-o€the Gity Clerk, w-hieh bonds are filed with the Mayer 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: • TITLE 1 UPDATE PAGE 9 Of 9 TITLE 1 UPDATE PAGE 10 Of 10 "MR MIM9 10111111. r.PIII rq P. mO-W ww M-1 ME Walowl, IN Will NOW ...... . . ...... .. I. .. 1 11 "lip - ----- . „ mWall M11 �111 TITLE 1 UPDATE PAGE 10 Of 10 The City Treasurer shall have and fulfill all of the duties established by Idaho Code as they 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, Chapter 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 Mayor and City Council. C. Advise the Mayor and City Council on financial policy considerations, and short and long 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. 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: Chapter 9 CITY FINANCES 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. TITLE I UPDATE PAGE I I Of I I 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. 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 TITLE 1 UPDATE PAGE 12 of 12 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 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. TITLE 1 UPDATE PAGE 13 of 13 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 identify 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. 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. TITLE 1 UPDATE PAGE 14 of 14 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 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. TITLE I UPDATE PAGE 15 of 15 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 1. 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. 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 forms 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. TITLE I UPDATE PAGE 16 of 16 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 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. 3. 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. TITLE 1 UPDATE PAGE 17 of 17 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. 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, TITLE I UPDATE PAGE 18 of 18 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?2 o day of May, 2014. PASSED by the City Council of the City of Meridian, Idaho, this -A day of May, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this day of May, 2014. APPROVED: ATTEST: GoozaDA"C�sr,> 3 9 city of IDIAN IDAHO Tammy de erd, Mayor Jayc a lman, City Cler �SEAL ti 1de TREAS��QyPy TITLE 1 UPDATE PAGE 19 of 19 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- l (e o Y 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. Mayor and City Council By: Jaycee Holman, City Clerk OOTED A,fQZ l GJ � �+ ty OE E IDIAIVT — IDAHO` s �F SEAL �T F First Reading:tt'' Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES X NO Second Reading: _ Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- 1 (p O 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- 1 (o O R' 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 l day of f 2014. LLU�L �r . William. L.M. Nary City Attorney TITLE 1 UPDATE PAGE 20 of 20 Meridian City Council Meeting roc, DATE: Mav 21, 2014 ITEM TITLE: ORDINANCE NO. ITEM NUMBER: PROJECT NUMBER: Ordinance No. 124 - I L',(Ifl : Parking Code Updates - Prohibiting Parking in Fire Lane or in Space Designated for Disabled Persons MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 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 dieting tr-aff;, an a blo kading streets :n efdef to keep 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 apparatus 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 I OF 5 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 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. PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 2 OF 5 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: 1. 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 200 edition (hereinafter IFC) conflicts with a provision of Idaho Code, the provision of Idaho Code shall prevail. Additionally, the following amendments to the IFC shall apply: IFC section 109.4 shall be amended to read as follows: PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 3 OF 5 Section 109.4 Violation Penalties. Except as otherwise set forth in Meridian City Code, Ppersons 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 a1 , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May �� , 2014. APPROVED: AT"ImanCity Rp,TEDAUCGSJI, 9� City O{ Tammy de d, Mayor Ja SEAL nFyT�q � hr TOE hs6�� y PARKING CODE UPDATE - FIRE LANE, PARKING IN SPACE DESIGNATED FOR PERSONS WITH DISABILITY PAGE 4 OF 5 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- 1(o d 01 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 PENAL 4r: CitjQpf bAerldian ' Mayor and City Council By: Jaycee Holman, City Clerk Q�Q©�p,'tED nu�Gsr' 2�' r90 w �p �Cityof �.�Vl E IDIZ IANC � IDAHO SEAL r VIDING AN EFFECTIVE DATE. First Reading: �A 0i..l 071 , Dol ZAf`°`r,° tREns�pv Adopted after first reading by su pension 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- t( Q� 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- 16 dOk 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 21 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: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. 14- 1 0�( : Updates to Outdoor Sales and Temporary Uses Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. (� 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 3-4-3(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; • 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; OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 1 OF 6 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 thin 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, orlup mbing permit and/or inspection is required as a condition of the temporary use permit approval and such permit was not issued or such inspection notap ssed. 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. 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: OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 2 OF 6 (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 3-4-3(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. Section 7. 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 8. 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 red application materials or fees have not been timely submitted. Section 9. That Meridian City Code section 3-4-4(H) shall be amended to read as follows. OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 3 OF 6 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 10. 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 c -w) , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May c)1 , 2014. APPROVED: Tammy d rd, Mayor ATTEST: OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 4 OF 6 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- ( (a 10 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 3-4-3(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 DENIA IZEN'S USE PERMIT APPLICATION; AND PROVIDING AN EFFECTIVE DAT°� City df l(e idian---� Mayor and City Council By: Jaycee Holman, City Clerk .:DIANA ` FDANO SEAL �brFk'F:SSAF PS�Q��! First Reading: How, &>� , ;k0\ 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- l (e 10 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- t (o I Q 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 2-1 day of 12014. William. L.M. Nary City Attorney OUTDOOR SALES AND TEMPORARY USES CODE UPDATE PAGE 5 OF 6 Meridian City Council Meeting iG C DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Ordinance No. : Historic Meridian Special Events Code MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. 14-1 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND 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; 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 clarify the City's interest in, and level of support for, historic community events; 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 3-4-1 shall be amended to include the following definition: CITY SERVICES: Services provided by City employees in the course and scope of their employment for the protection of the public health, safety, or welfare and/or for the maintenance of public property. This definition shall include, but shall not be limited to, property maintenance services provided by employees of the Meridian Parks and Recreation Department, public safety services provided by employees of the Meridian Police Department, and fire protection and medical services provided by employees of the Meridian Fire Department. This definition shall not include services related to permitting, licensing, inspections, reservations, or the provision of services by City contractors. Section 2. That the relevant provision of 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: OUTDOOR SALES AND TEMPORARY USES CODE UPDATE- HISTORIC MERIDIAN SPECIAL EVENTS PAGE I OF 4 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; 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. 14-.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 3. 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 OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 2 OF 4 provided or necessary to support the event. City may provide city services necessaryto support Historic Meridian Special Events at no or reduced charge to organizer, as established by written agreement, where the provision of such services is deemed feasible and appropriate in the discretion of the respective department director(s). 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 4. 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 ,A_, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May 0 '2014. APPROVED: Tammy Cerd, Mayor o&400TRDA&-> D i* City of y IDAHO m SEAL s Pel 'de TREA511 &t4 ATTEST: City Clerk OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 3 OF 4 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- l (o I I AMENDING MERIDIAN CITY CODE SECTION 3-4-1, ADDING DEFINITIONS OF CITY SERVICES AND 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 RIDIAN SPECIAL EVENTS; AND PROVIDING AN EFFECTIVE DATE. GO'0 g, DgjJCGSllly City of Madi'an �—' U�A Mayor and City Council By: Jaycee Holman, City Clerk First Reading: & a Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code § 50-902: YES X NO Second Reading: Third Reading: __- STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14-1 (Q \ 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- 1 ca I k 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. WI liam. L.M. Nary City Attorney OUTDOOR SALES AND TEMPORARY USES CODE UPDATE - HISTORIC MERIDIAN SPECIAL EVENTS PAGE 4 OF 4 Meridian City Council Meeting DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. 10F Ordinance No. 114 ( ut � : An Ordinance (AZ 14-004 Amberwave Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The Northwest '/4 Of Of The Northeast '/4 Of Section 36, Township 4 North, Range 1 West; Establishing And Determining The Land Use Zoning Classification Of Said Lands From RUT To R-15 (Medium High Density Residential District); And Providing An Effective Date MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAHO 05/22114 01:17 PM DEPUTY Batt RECORDED s REQUEST OF II I I I II I II I IIII I II I II II IIII I II II II III Meridian City 114039260 CITY OF MERIDIAN ORDINANCE NO. ( A - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-004 AMBERWAVE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE NORTHWEST'/4 OF OF THE NORTHEAST '/4 OF SECTION 36, TOWNSHIP 4 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-15 (MEDIUM HIGH 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: Gem State M & M, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-15 (Medium High 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 — AMBERWAVE SUBDIVISION (AZ 14-004) 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 _day of V_A0.� ,2014. APPROVEDtt BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of f"` a\j , 2014. MAYO MMY de WEERD ATTEST: GO�DgpTED AUCGST 7Z City of w JAYCEE.. HOLMAN, Cr �CLE DgNDV - T� y 8 o`'trP TRE ASU4�V ANNEXATION — AMBERWAVE SUBDIVISION (AZ 14-004) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this 9Pfdav of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,0060000 ••• (SE •G� OLT9"� �� . •. nF It)� .• It/Lw)-Le L 41, NOTARY PUBLIC, FOR IDAHO _ RESIDING AT: MY COMMISSION EXPIRES: ANNEXATION — AMBERWAVE SUBDIVISION (AZ 14-004) Page 3 of 3 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14 -1(o1 -j PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land located in the Northeast 1/4 of Northeast '/4 of Section 36, Township 4 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 5.56 acres more or less. Also, these parcels are SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit "B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the Q (o day of 1� -10�� , 2014. c; City f i ian CSI F', 1? N, Mayor and City Council By: Jaycee L. Holman, City Clerk `FIJ 'be TRF First Reading: P�m at , gyp\ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES X NO Second Reading: —' Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- Kota 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- t (e (D 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 this2- day of , 2014. William. L.M. Nary City Attorney ORDINANCE SUMMARY — AMBERWAVE SUBDIVISION (AZ 14-004) Legal Description December 3, 2013 Project No. 113196 EXHIBIT A THE LAND GROUP, INC. Exhibit "A" AMBERWAVE SUBDIVISION ANNEXATION — REZONE DESCRIPTION A parcel of land located in the Northeast 1/4 of the Northeast 1/4 of Section 36, Township 4 North, Range 1 West, B.M., Meridian, Ada County, Idaho, described as follows: Commencing at the Section Corner common to Sections 25 and 36 of said Township 4 North, Range 1 West, and Sections 30 and 31 of Township 4 North, Range 1 East, B.M., (from which point the 1/4 Section Corner common to Sections 25 and 36 bears North 89°27'22" West a distance of 2,681.84 feet), said Section Corner being the POINT OF BEGINNING; Thence South 00°29'41" West a distance of 834.82 feet on the section Line common to said Sections 31 and 36; Thence North 89°27'27" West a distance of 290.00 feet on the northerly boundary line of Ambercreek Subdivision No. 1, as same is shown on the Plat thereof recorded in Book 97 of Plats at Page 12145 of Ada County Records, to an angle point in the northerly boundary line of said Subdivision; Thence North 00°29'41" East a distance of 834.83 feet to a point on the Section Line common to said Sections 25 and 36; Thence South 89"27'22" East a distance of 290.00 feet on the Section Line common to said Sections 25 and 36 to the point of beginning. Said Parcel contains 5.56 acres more or less. PREPARED BY: THE LAND GROUP, INC. James R. Washburn, PLS Ir laa Lrmpe.9rr/dlanirc • S'ile Plannir;q • Ciri/ I naiuerriug • Go/f Can a Inigolion & Ei gineeting • G'iopke Com wmnirnlion 462 F. Shore Drivc, Ste. 100, Emgle, Idaho 83616 • 11208.939.4041 F 208.939.4445 • www.thelandgrouoinccom Amberwave Subdivision AZ 14-004 Exhibit Map if EXHIBIT B S.25 N89°27'22"W 2681.84' S.25 I S.30 1/4"� S.36 ----------- 290.00'-- S.36 S.31 M 5.56 ACRES co N O O Z I N89°2727" W 290.00' �I w z�z �riv: I_ co 0 Ito Icli I� cn Icn N O 0 U3 I S.36 S.31 1/4 I �JV6 J V ,7�O� '7 wPA, ANNEXATION EXHIBIT 1$1r11T AMBERWAVE SUBDIVISION % j��; T LAND 7GROUP _rI 162 Ea t Shore Dave, SD]e 100 �1 939,4 41- 6361620 ANNEXATION -REZONE . Fnone 2089]9�C1wi�FugO`9�3914m6� EXHIBIT MERIDIAN IDAHO Amberwave AZ 14-004 DUI W lsvrti CLUID14 Wm No 1 of 1 Meridian City Council Meeting i ( A DATE: May 21, 2014 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: EXECUTIVE SESSION Executive Session Per Idaho State Code 67-2345 (1)(c): (c) To Conduct Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real Property, Which is Not Owned by a Public Agency 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 ) ;I , DATE: May 21, 2014 ITEM NUMBER: ITEM TITLE: Future Meeting Topics PROJECT NUMBER: 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