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HomeMy WebLinkAbout2014-05-27Tuesday, May 27, 2014 at 6:00 PM 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener ® X Mayor Tammy de Weerd 2. Pledge of Allegiance by Boy Scout Troop 119 with the Sundance LDS Ward led by Ammon Brock 3. Community Invocation by Tim Pusey with Valley Shepherd 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of May 13, 2014 City Council Workshop Meeting B. Ratification of Sale and Purchase Agreement for Ada County Highway District (ACHD) Surplus Property "Parcel 23" adjacent to City Well 19 for the amount of $18,000.00 C. Fourth Amendment to the 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 D. Development Agreement 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 E. Final Order for Approval: 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 Meridian City Council Meeting Agenda — Tuesday, May 27, 2014 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Professional Services Agreement with Trauma Intervention Programs, Inc. ("TIP") for an amount not to exceed $9,766.00 G. Approval of Task Order 10499 for Professional Design Services for "Sewer Line replacements - Site 1213" to Murray, Smith and Associates, Inc. for the Not -To -Exceed amount of $136,659.00. 6. Items Moved From Consent Agenda None 7. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MVAC) End of the Year Update B. Mayor's Office: Budget Amendment for State of the City for a Not -to - Exceed Amount of $5,800.00 Approved C. Human Resources: Budget Amendment for Compensation Review FY14 Merit Program/Salary Structure in the Not -to -Exceed Amount of $61,536.00 Approved D. Fire Department: Budget Amendment for FY14 ' Fire Station Security Enhancement for the Not -to -Exceed Amount of $11,707.98 Approved E. Community Development Block Grant (CDBG) Program Year 2014 Pre -Draft Activity Prioritization F. Legal Department Report: Discussion on Waiving Parks Reservation Fees for Historic Meridian Special Events G. Police Department: Budget Amendment for the Final Process of Public Safety Training Center Project for the Not -to -Exceed Amount of $831,113.00 Approved 8. Ordinances A. Ordinance No. 14-1613: An Ordinance (AZ 14-003 Heritage Grove Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE 1/40f The SE '/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, 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; And Providing An Effective Date Approved Meridian City Council Meeting Agenda — Tuesday, May 27, 2014 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Ordinance No. 14-1614: Waiving Parks Reservation Fees for Historic Meridian Special Events Approved 9. Future Meeting Topics None 10. 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 Meridian City Council Meeting Agenda — Tuesday, May 27, 2014 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council May 27, 2014 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, May 27, 2014, by Mayor Tammy de Weerd. Members Present: Charlie Rountree , Keith Bird, Genesis Milam, David Zaremba, Joe Borton and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Caleb Hood, Warren Stewart, Scott Colaianna, Jamie Leslie, Chris Amenn, Patti Perkins, Ron Corder, Patrick Dilley and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Charlie Rountree X Genesis Milam X X Joe Borton X Keith Bird X Luke Cavener Mayor Tammy de Weerd De Weerd: Well, I will go ahead and start tonight's meeting. First I would like to thank all of those who are in attendance and certainly we appreciate our seniors from the Mayor's Youth Advisory Council and our troop that is with us today. Thank you for joining us. Item No. 1 -- oh. For the record it is Tuesday, May 27th. It's 6:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Boy Scout Troop 119 with the Sundance LDS Ward led by Ammon Brock De Weerd: I didn't know we were voting on if we were here or not. Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Troop 119. They are from Sundance LDS ward and their leader is Ammon Brock. Whoever is going to lead us, if you will come up front and I will ask those in attendance to please rise. (Pledge of Allegiance recited.) De Weerd: Thank you, boys. We appreciate you leading us in the pledge and Madam Clerk will distribute some City of Meridian pins for leading us in the pledge tonight. So, thank you so much. Item 3: Community Invocation by Tim Pusey with Valley Shepherd De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Tim Pusey. If you will all, please, join us in the community invocation or take this as an opportunity for a moment of reflection. Thanks for joining us. Meridian City Council May 27, 2014 Page 2 of 27 Pusey: Thank you. Heavenly Father, we humble ourselves before you tonight, seeking your wisdom and your grace for the City of Meridian this evening. We thank you for those who are willing to serve our city and we pray, Lord, that you would guide our Mayor and our City Council as they consider matters that are important to the people of Meridian. In all that is done may your wisdom and your love prevail. We pray, Lord, for the people of this city from the most marginalized to those who might appear to be the most successful and we ask, Lord, that this would always be a good place to live, because the people of this city care about one another. We do thank you, Lord, for your many blessings upon our city and it is with grateful hearts that we call upon you tonight, amen. De Weerd: Thank you, Pastor Pusey. I will make special note that Pastor Pusey and I have the same Meridian mom and so, essentially, that makes us brother and sister, so -- Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 8, Ordinances, 8-A the proposed ordinance number is 14-1613 and Item 8-13, the ordinance number is 14-1614. And with that, Madam Mayor, I move that we approve the agenda as published. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5:j Consent Agenda A. Approve Minutes of May 13, 2014 City Council Workshop Meeting B. Ratification of Sale and Purchase Agreement for Ada County Highway District (ACHD) Surplus Property "Parcel 23" adjacent to City Well 19 for the amount of $18,000.00 C. Fourth Amendment to the 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. Meridian City Council May 27, 2014 Page 3 of 27 Ustick Road Request: Development Agreement Modification to Change the Development Plan from Multi -Family to Single Family D. Development Agreement 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 E. Final Order for Approval: 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 F. Professional Services Agreement with Trauma Intervention Programs, Inc. ("TIP") for an amount not to exceed $9,766.00 G. Approval of Task Order 10499 for Professional Design Services for "Sewer Line replacements - Site 1213" to Murray, Smith and Associates, Inc. for the Not -To -Exceed amount of $136,659.00. De Weerd: Item 5 is our Constant Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Is there any discussion from Council. Seeing none, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda Meridian City Council May 27, 2014 Page 4 of 27 De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) End of the Year Update De Weerd: So we will move into Department Reports. Council, under the Mayor's office we have our last of this year Mayor's Youth Council report and with us tonight to give that report is Prince. Wang: All right. Madam Mayor and Members of the Council, my name is Prince Wang and I am the communications director for the Mayor's Youth Advisory Council and I will be giving our last MYAC update today for the 2013-2014 school year and you were last updated on April 1st. So, we still have about 75 active members in the Mayor's Youth Advisory Council and we have an average attendance of about 50 members at the meetings, which is pretty impressive, considering all the spring sports that are going around at this time. We are happy with our year long attendance and participation, especially since we have members from every single high school in the Meridian School District, including many of the charter high schools, like the Meridian Medical Arts Charter or the Technical Arts Charter, which help us create a diverse environment and Council this year. So, that was really awesome. So, I'm going to give you a quick rundown on some of the events we had since our last meeting. So, the first one is our Dance Your Heart Out fundraiser with the American Heart Association. So, this is where we partnered with the Village At Meridian and American Heart Association to host a dance competition at Fountain Square to raise funds for the AHA. We had seven dance crews enter the competition and we had all of them go before we opened up the dance competition to everyone, so all the families and the kids that were there and we actually had great participation. We had over 300 people participate and it was a lot of fun for everybody. A lot of people were educated on a lot of interesting heart factoids I guess you could call them and we ended up raising close to a thousand dollars for the American Heart Association and so due to that success the Village At Meridian and the American Heart Association are planning on continuing this event for the years to come. Our next event was our Ignite -- Ignite Youth event, which is our annual ideas competition and this year we actually held our Ignite Youth event with our end of year MYAC parties, so we had a lot of people in attendance for that. And this is basically -- this event is, basically, where teens from around Meridian can present a topic on their choice and educate the audience as to what that topic is and what they want to say. So, we had a lot of interesting topics this year from cannibalism to the Illuminati to the do's and don't's of being a politician. So, it was all really interesting and ultimately a student from Meridian High won with a presentation on whether pro wrestling was a real sport or not and it was. De Weerd: So he thinks. Meridian City Council May 27, 2014 Page 5 of 27 Wang: Yeah. So, that was a great success, especially since we passed into our partnership with Meridian School District. So, that's why we had over 33 submissions this year and -- which has been the most by far. So, the audience was packed and we all stayed after for an ice cream social, so it was a lot of fun and a very successful event. The next event we had was Meridian Youth -- Meridian Youth Safety Summit and every year MYAC had a high school safety summit for all the high schoolers where they can learn about things like texting while driving, the dangers of drinking and this year we decided to host one for the middle schoolers, not only so that they would be introduced to MYAC, but also to learn about these dangers. So, we had over 160 kids at Wahooz in total, middle schoolers, from 6th grade all the way up to 8th grade and we taught them about the dangers of texting while driving by having them drive go-carts while texting on their cell phone. We also had them play mini golf with the impaired vision goggles, so they could see how drinking impacts your judgment and your vision and we also had a bike safety clinic hosted by the Meridian Police Department teaching them how to correctly put on helmets and how to ride their bike safely throughout the city. And, then, lastly, we had Officer Gomez give a presentation on internet safety, especially with social media like Facebook, Twitter -- I think he scared a lot of them, but he got the message across, so that was good. We in the executive council also helped in this youth safety summit by being the group leaders, which helped -- which helped us develop our leadership skills even more and interact with some middle schoolers and hopefully encourage them to join MYAC when they get into high school. So, that was a really great event. And, then, we closed our year by having the Ball at the Hall -- our second annual Ball at the Hall, which is, basically a prom for parents, so that was awesome and this was our end of year celebration for MYAC and all the families and this year we decided to raise funds for a local seatbelt safety nonprofit known as Buckle Up For Bobby and we ended up raising close to 2,400 dollars for the nonprofit and they plan on using that money for giving scholarships to Meridian teens, which is really awesome. And, then, lastly, as part of our government affairs outreach we created a PSA on basically the -- how to correctly use -- well, not how to correctly use seatbelts. Pretty self-explanatory. But why you should buckle in when you get into a car and we were actually going to show you video today, but we had some technical difficulties. But it's coming. It is definitely coming. And it will be shared statewide very soon. And so as for all of MYAC we have a total of around 9,000 volunteer hours this year. So, it's pretty impressive. And as a departing senior I think I represent all of the senior MYAC that's graduating and we all would like to say thank you to Mayor Tammy, to Ken, to Patrick, and to Officer Gomez for all that you guys have done for making MYAC what it is and I know for all of us that MYAC has taught us so much, not just about government, but also about ourselves and leadership and communication skills. So, thank you vey much and I will now stand for any questions. De Weerd: Thank you, Prince. Council, any questions? Bird: I have none. Good report. De Weerd: Well, Council, at this time if all of our seniors could join us. We would like to give them certificates of appreciation and I guess just to get the emotional stuff out of Meridian City Council May 27, 2014 Page 6 of 27 the way. So, we -- we did have an end of the year -- well, an opportunity to talk to many of our seniors at the event that we had recently at Wahooz with the middle school students and I can tell you that this senior class has, indeed, left their legacy in our community in a big way. I know that every single one of you are going to go far. I have so enjoyed watching each of your personal growths over the last year and for a number of you the last number of years and have just felt like this has been one of my greatest honors. Yeah. My husband told I had to do this and I wouldn't cry. Is really working with each of you. It's so exciting when I get to see that you find your voices and your voices have been heard from this community and valued. You have done some amazing things and have expressed your opinions and I hope that you found that those opinions fell on eager ears to take your thoughts and to help you further develop them and to also help you leave the legacy of change. You really have been -- or epitomize that idea of be the change you want to see. The passion that you bring in the government affairs arena and community service and in providing activities for other high school students has just been phenomenal. The energy, the creativity, and your can do attitude, no bars held, and, in fact, you have taught all of us a great deal as well. I think I can speak on behalf of Ken and Patrick and Officer Gomez that this year has -- has been one of a lot of energy -- you guys have a lot of energy. Maybe exhaustion. But some real positive change and I hope that as you leave that you will remember that this is your home and that when you're ready to settle down we hope you come back and contribute -- and continue to contribute and raise your families here, establish your careers here, because selfishly that is one of my motivators of beginning the Mayor's Youth Advisory Council is we can't afford to lose the talent that you guys bring to communities and we would really like to see you come back and, hopefully, one of you is going to be sitting in this chair one day, so -- and I know you can. So, I will ask Ken and Patrick if you will join me in the front and we will call off each of your names, present you a certificate and a City of Meridian pin and certainly our heart -felt gratitude for everything that you have done. Luke, if you want to join us, too? Cavener: Oh. Okay De Weerd: And I asked Council Member Cavener if he wanted to join us as he knows a number of you when he was in Ken's role, so -- anyway. Corder: This is in no particular order. Courtney Brown. Samm Doleski. My intern for several months Emily Jane Traub. Matt Braden. Prince Wang. Shelby McMonigal. Sierra Zierler. Alex Liang. Danielle Harris. Madison Schrader. Can't go to Harvard yet, Brooklyn. Brooklyn Davis. Corder: Go ahead De Weerd: Go ahead, Patrick. Dilley: I have said this to all of you before. This year has been so -- just seriously impressive and everything you guys have done, it's just gone up a whole new level and we couldn't be prouder of you guys at all and I'm not going to cry, just like you two, so -- Meridian City Council May 27, 2014 Page 7 of 27 but we will miss you and -- and just to reflect on what Mayor Tammy has said, I came back to the Valley as well after I was done with school and I would encourage you to do the same thing. We could use your energy and your leadership back here. So, come see us when you guys get back for summer and all that, just come in and say hi. We will miss you. B. Mayor's Office: Budget Amendment for State of the City for a Not -to -Exceed Amount of $5,800.00 De Weerd: Okay. And you guys don't have to stay here the whole time. You have already earned -- you can take off. Okay. 7-B is also under the Mayor's office. Council, in front of you is a budget amendment for the State of the City and here is Robert to discuss it. Simison: Thank you, Madam Mayor, Members of the Council. As you are aware, we have sponsorships to fund raise to put on the State of the City each year, which funds all of the State of the City, but the city scholarships, which you will be seeing the recipients of that here I think next week you might have a couple of the people who just left back here next week for that purpose. But we did -- 20,000 dollars was what we anticipate raising each year. This year we went above that amount, 20,580 dollars, and this gives us spending authority for the additional funds that we have raised, which will go to support taking the entire executive council to AIC this year, instead of just five people. We supported the Meridian Middle School kids that went back to Washington D.C. that you heard from. It also will go to do one of the traffic art -- the utility box art wraps. We are getting that project underway working with the arts commission, so this will help fund one of those projects. It also is going towards Gene Kleiner Day, which is going to bring the symphony out to play in support of that. The Move At Meridian in downtown, as well as some of City of Meridian pins that are handed out at City Council, some of those type of promotional items. So, that's the budget amendment you have in front of you and I would be happy to answer any questions. De Weerd: Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 7-13, the budget amendment for the State of the City in an amount not to exceed 5,800 dollars. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-B. Any discussion from Council? Okay. Madam Clerk. Meridian City Council May 27, 2014 Page B of 27 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Simison: Thank you. C. Human Resources: Budget Amendment for Compensation Review FY14 Merit Program/Salary Structure in the Not -to - Exceed Amount of $61,536.00 De Weerd: Thank you, Robert. Under 7-C we have our Human Resources Department. Perkins: Good evening. Before you you have a budget amendment for this year and I'd like to start with just a little bit of history on this for the -- particularly for the new Council members. Prior to my arrival in October back in the middle of the year we engaged a consultant to prepare and create a new salary structure for the city. This was a very comprehensive effort that involved regarding and setting new salary structure and in addition implemented a merit increase program, which is really very cutting edge for municipalities. So, kudos to Bill and the concentration team at that time for getting this through, because it really is something that is very -- very effective way to administer salary. However, since it was new we were not quite sure how it was going to work, so we wanted to make sure that we had an opportunity to come back and review the implementation after all the dust settled and we gave all salary increases back in October and that was part of the intention at the time and as the members of the Council that were here at that time will remember, that was part of I believe the way that this program was originally approved. So, here I am with the -- the review. We have done a really exhaustive review and went person by person with each director to insure that where the merit increase landed them in their given salary range was appropriate, given the performance level, experience, and their years of service with the city and I am happy to say that by and large the program is a huge success. So, I think that the work that was done on this was really excellent and certainly my experience elsewhere it works very very well and I was really happy to see that the city had gone this direction. However, there were 41 individuals that we felt needed to be adjusted and that information is what makes up this particular amendment for you. The amendment requests an adjustment to the salaries of 41 individuals for a fully loaded amount of 61,536 dollars and this will have an ongoing annualized impact of 125,958 dollars with these adjustments. Again fully loaded. This adjustment is -- and I think the approval of this amendment is important to the city for a number of reasons. Number one, it was something that we intended to do. We communicated that we would be doing this and it is an important employee retention tool. I might note that in particular quite -- over 28 percent of this total amount is earmarked for the IT department. We found in a salary Meridian City Council May 27, 2014 Page 9 of 27 comparison review that we did separate from this overall review that some of the positions in IT were in excessive of 30 percent outside of market and that we compete directly with the private sector for these positions, but even when we looked at the public sector we were quite -- quite a ways behind. So, we make up a big piece of this, but, again, very very important for employee retention purposes and to allow this program to continue to be able to be -- to work effectively in the future. So, the amendment that you have before you will -- the approval of that will allow for these adjustments to be made for this year and will also allow us to finally finalize our compensation guidelines that have been in limbo for almost a year and I know everybody, including myself, will be very happy to get those out the door. So, with that I would ask for your approval of this amendment and I am happy to answer any questions that you may have. De Weerd: Thank you, Patti. Council -- any questions from Council? Bird: I have none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Seeing none, I move that we approve budget amendment Item 7-C for compensation review salary structure in a not to exceed amount of 61,536 dollars. Zaremba: Second. Cavener: Second. De Weerd: I have a motion and a second. Any discussion from Council? Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Perkins: Thank you. De Weerd: Thank you. And I will also remind our Council and just a heads up to our newer Council members. This is kind of a first step in -- in an effort that we are undergoing to try and look at long time -- long term forecasting on our base and this is an important component, as most of you know, salaries, personnel costs, are the lion's shares of anyone's budget and so by going through this particular exercise and utilizing Meridian City Council May 27, 2014 Page 10 of 27 it, we are able to do a little bit better job in that long-term forecasting to annual impacts on our base and making sure we avoid any unexpected expenses. So, stay tuned. D. Fire Department: Budget Amendment for FY14 Fire Station Security Enhancement for the Not -to -Exceed Amount of $11,707.98 De Weerd: Okay. Our next item under 7-D is our Fire Department. I will turn this over to Chief Amenn. Amenn: Thank you, Madam Mayor, Members of the Council. You have before you a budget amendment for station security enhancement. This last year in the budget we included an amount 42,490 dollars to upgrade the door locks to all five fire stations. This will bring us in line with the same Llanelli card reader system that is in place here in City Hall, at the Parks Department, water treatment plant, wastewater and the Police Department. Working with the IT Department, who is running this program, we went back with the contractor and found that only two doors at each station had been included in the original budget. This was going to require us to either maintain keys or push button locks on the additional doors at the stations, which kind of nullified the security effect we received from that. We are asking for a budget amount -- budget amendment in the amount of 11,708 dollars to add those additional doors to each of the stations, so that all the doors will then on a card reader system. It will also include running an additional communication line to the front door at the same time we have to add a call box to the front of the stations. We do not have those on our stations now. It's in the budget for next year. It will be cheaper to run that line now at the same time, though. With that I will stand for any questions. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Item 7-D, budget amendment for fiscal year '14 fire station security enhancement in a not to exceed amount of $11,707.98. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-D. Any discussion from Council? Seeing none, roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Meridian City Council May 27, 2014 Page 11 of 27 MOTION CARRIED: ALL AYES. Amenn: Thank you. E. Community Development Block Grant (CDBG) Program Year 2014 Pre -Draft Activity Prioritization De Weerd: Thank you. So, our next item 7-E is by our senator elect Lori. Congratulation. Den Hartog: Thank you very much. Madam Mayor, Members of the Council, I'm before you this evening at the beginning planning stages for our Community Development Block Grant annual action plan. I know it's a mouth full. The first step in planning for our next program year, which begins October 1, is to prioritize the applications for funding that we received and I will go through those. The presentation has a little bit of background about the Community Development Block Grant program as we are currently operating it here in Meridian. Our anticipated entitlement amount for the coming year is just over 300,000 dollars. That is an increase of about two and a half percent from last year. Every year it seems I typically have come before you and said that we might have a cut and these last few years it has gone up and I can't necessarily explain that, but we will take it. The public service activities are capped at 15 percent of our allocation, so for this year those dollars are capped at 45,000. Administration is capped at 20 percent of our annual allocation, but based on historical usage and what we are planning for the coming year staff is only going to be recommending an allocation of 14 percent for administration. So, 43,000. And that will cover administration and our fair housing activities as well. The application process -- we have -- beginning in March I hold a workshop for interested persons or organizations who would be eligible to apply for these grant dollars, do a presentation that covers, you know, how they can apply and how they can present eligible projects or activities. Eligible projects were invited to submit a full application. They have a pretty lengthy application form that they need to submit to the city. These projects were ranked and scored by our CDBG scoring committee, which is an internal committee, but we also have a community representative on that as well. Projects were scored on the following items. Goals and outcomes. The need the project addressed. How the organization planned to carry out the project, the capacity of that organization, and how the project did or did not meet the goals and objectives of our consolidated plan, which is our five year plan related to the block grant program. Just for a little bit of background, the national goals of the CDBG program are to provide decent, safe, and sanitary housing, to provide a suitable living environment, and to expand economic opportunities. The national objectives of the program are to benefit low to moderate income persons, to aid in the prevention or elimination of slums or blight and determine need. Our five year consolidated plan strategies and objectives are related to affordable housing. We have a strategy to improve access to affordable housing opportunities for Meridian residents. The second strategy is to support services and programs and projects for the city's low to moderate income residents, including persons with special needs and residents at risk of homelessness. Our third strategy is related to economic opportunities and can Meridian City Council May 27, 2014 Page 12 of 27 serve economic opportunities in the city's LMI areas. So, for the current year we had three applications that fell under the public service category for a total funding request of 78,000. As I mentioned earlier, we have available funding of 45,000. The scoring committee recommended funding for two of the submitted applications. So, just briefly the applications that we received -- we received an application from the Meridian Food Bank. The food bank would use the funds to purchase food that has been distributed at the local food banks here. They requested 30,000. The committee is recommending 27,000. CATCH, which stands for Charitable Assistance To the Community's Homeless, is a project that you have seen before and we have previously as a committee had not recommended funding for this project. But I have to tell you I believe it was two or three years ago when we had seen the application the first time. This particular project is for case management -- case management and rapidly housing of homeless families in Meridian. The first time we saw this application this organization was very new within Meridian. It had been operating in Boise, but hadn't set up an operation in Meridian and I have to tell you they have -- they have grown so much as an organization in the last -- in the last few years and their application was very very strong this year. They have built up the necessary partnerships. Just in case you're not aware, the program partners with churches primarily to pay for rental assistance for the families that are -- have experienced homelessness and the funds that we would be providing would pay for the staff person to actually provide that intensive case management. This is a program that really works to address the root cause of the homelessness -- of the homeless episode and to move a family towards self sufficiency. So, they are currently operating in Meridian. The social worker who is managing the current cases has an office out at Joint School District No. 2 at the main office there and this would increase her hours and her time that she is able to commit to Meridian residents. So, I just -- I can't say enough about how we felt really bad when we previously did not recommend this project for funding, but they have come so far and just as an example the first time they came in I think when they made a request we were about 90 to 95 percent of their budget. This current request that they submitted, the 18,000, represents only eight percent of CATCH's budget. So, it's really just something that is coming alongside to increase the services here in Meridian. And the final application that fell under the public service category was submitted by EI Ada Community Action Partnership. They proposed to set up a satellite office in Meridian. This was an application that did not score as high as our other two submitted applications, but we are hoping to see some more from them in the coming years. Under the nonservice applications we had six applications that were submitted for a total funding request -- I know this sounds weird. We have a variance here of 389,000 to 558,000 and that has to do with the way our Parks and Recreation Department submitted two different applications and I will get into that in a moment. For these types of applications with all of the other items that I have mentioned, we had -- we have an available funding source of 212,000 and the committee recommended funding two of these applications -- two of these applications. For the nonservice applications, the first one that we are recommending for funding is a project submitted by the Meridian Elementary School. It's for a fitness path in their west field and you will be seeing more information as we get into the action plan, but the fitness path is an asphalt pathway with stations where people can stop and do exercises and there is boards that explain Meridian City Council May 27, 2014 Page 13 of 27 the different stationary things that they can do along the way and this is also -- this pathway happens to make two different connections that are on our city master pathway plan. So, another strong application and that's why the committee recommended full funding of that particular application. The next few are related and submitted by our Parks and Recreation Department. The first that we are recommending for funding was improvements at our Meridian Community Center for design and construction and the second application they submitted was for design only. You may recall if we fund any projects through the grant that's -- that's for design only. We need to have a definitive timeline and plan for construction. Any projects that are funded -- that are designed funded with CDBG dollars have to remain open until they are constructed. So, it's really important that we have a design timeline and funding for -- for the construction and this was, obviously, based on our recommendation one of the stronger applications that we reviewed this year and the committee felt it was appropriate to recommend the design and construction. You will notice that we are recommending a lower funding amount than what was requested and we will be working with the Parks and Recreation Department on that and talked with Director Siddoway and they may either scale back their plan or look for an additional funding source to make up the difference, but we will be working on -- we will be working on that with them. The other applications that we received -- we had one from -- I hate to tell you -- this really threw me for a loop. Someone called and said they were from YUCC and I was like what is YUCC. So, it's Young Urban Cultural Center. It really threw me off one day. They submitted an application for leasing and improving a facility for staff and for services for a new youth cultural center. One of the things we really look at as a committee is an organization's capacity. The grant dollars can be complex to administer and to report and so this is a very new organization, we were really excited about their mission and what they want to do. They are kind of at the place CATCH was a couple of years ago, they just aren't quite there yet, but a really great vision and we are excited to see where that will go. It's currently not a fit for the block grant program, but may be in the future. The other two applications were submitted by the Meridian Development Corporation. The first was to construct roadway improvements on the south side of Broadway Avenue, just -- think about my directions -- just east of Main for 40,000 dollars and the second was ADA improvements at East 2nd and Idaho right in downtown and those two applications we are not recommending for funding at this time based on the scores that they received, they weren't as high as the other applications. So, with that I am looking for any discussion, feedback, comments in terms of process. I will come back before you on -- actually, I will make available to the Council and to the public a draft action plan that will include our proposed activities for the coming year. And, again, that year starts on October 1. The public comment period on the draft plan starts on June 16 and our public hearing on that action plan was scheduled for July 22nd. So, with that I would be happy to answer any questions about the applications that we received or if you have any feedback or comments. There is no particular action you need to take this evening, but happy to take your comment and thoughts on the applications that we did receive this year. Thank you. De Weerd: Thank you, Lori. Council, any questions or comments at this point? Meridian City Council May 27, 2014 Page 14 of 27 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question for Lori. Did CATCH indicate how many Meridian families they are currently helping and if they were the recipient how many additional families they would be able to help over the next year? Den Hartog: They did. Let me find that in a moment. I believe it was going to be an increase of five families, if I recall correctly. It's very -- it was one of the things we discussed as a committee. One of the things we take into consideration, but it's not exact in our criteria, is how many people can we help with the limited dollars that we have and it's one of the things the Meridian Food Bank does really well, because they serve a high volume -- high volume of people with a low amount of dollars and they leverage funds from a lot of other places. So, CATCH is -- it's very very intensive and so the number of families that they can serve is less, perhaps, than a different type of program -- and let me find that number. Yeah. I believe it was an additional five to six families and they are currently serving approximately 12 families in Meridian. Cavener: Currently 12? And an additional five? Den Hartog: Yeah. Five to six. Cavener: Madam Mayor, quick follow up? De Weerd: Uh-huh. Cavener: The last time that I remember hearing from CATCH they had a very high success rate of getting these families self sufficient. Are they still maintaining those same levels of success after six months or after a year? Den Hartog: I believe so. One of the things the program does is it maintains contact with the families once they have, in essence, graduated from the program. I believe they are maintaining contact with the families anywhere three to six months after they are no longer receiving rental assistance. So, that is one of the -- one of the things that the case manager is doing is that intense follow up. I don't have the percentages on me, but I will find it for you. But I do believe that their success rate is high and this model, as you may be aware, this is a model that is becoming increasingly popular throughout the country, this housing first model of getting people stable in their housing, so that their -- they can address the other needs and issues that caused them to have a homeless episode. So, getting people stable in housing leads to a lot of other stability in other areas and as you may be aware, we have families in Meridian, because we don't have any shelter facilities here with families in Meridian, if they have experienced a homeless episode either have to go to Nampa or Boise and because of the McKinney- Vento Act and the school district's requirements to maintain access for their students, we are busing kids from downtown Boise in the shelter to our Meridian schools. So, this Meridian City Council May 27, 2014 Page 15 of 27 is -- this provides a lot of instability for our children and our families and if we can keep them in our community during this time of transition it definitely reaps the greater success in the future. De Weerd: Okay. Any questions from Council? Okay. Well, very good. So, this will go out for public comment and be back in front of Council the end of July. Den Hartog: Correct. De Weerd: Okay. Very good. Den Haring: Thank you. F. Legal Department Report: Discussion on Waiving Parks Reservation Fees for Historic Meridian Special Events De Weerd: Thank you, Lori. Item 7-F is under our Legal Department. I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. Council, you will see on the ordinances there is a proposed ordinance about parks reservation fees. Subsequent to our discussions regarding historic Meridian events that was approved last week, we also discovered that separate and apart from the TUP ordinance there is also a fee that is charged normally for renting facilities in the parks. We have never historically ever charged the -- the Dairy Days function for renting those facilities and based on the tenor of the discussion we have had the last couple of weeks it was my perception that was a continued practice we wanted to have, so we just need to, basically, include the Meridian historic events into this section of the code to, again, provide the same level of service we had previously and, again, based on your recent discussion. So, that was all there was and there is an ordinance there that's ready to move forward if you're okay with it. If you have any other questions I can answer them. De Weerd: Thank you. Council, any further questions on this topic? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a clarification for the public record. Historic special event is defined as something that has occurred at least 75 times annually. Is that still correct? Nary: Yes, sir. Zaremba: Okay. Just wanted that specifically on the record Meridian City Council May 27, 2014 Page 16 of 27 De Weerd: Seventy-five times once annually. So, not 75 times in a year. That doesn't make it historic. Zaremba: Seventy-five years. Once each. De Weerd: Okay. So, anything further on this topic. Council, do -- Bird: That will go to the ordinance. G. Police Department: Budget Amendment for the Final Process of Public Safety Training Center Project for the Not -to -Exceed Amount of $831,113.00 De Weerd: Yeah. Okay. Item 7-G is under our Police Department. Are you going to have those pictures also on the slide? Leslie: We have them there as well. Not on the slides, but -- they were kind of hard to get -- to fit in the slides. We can turn them around so -- Bird: You can put them over there so that we can see and the audience can see. Can you guys see them, Joe? Leslie: Will that work? De Weerd: You can turn it -- Zaremba: I have that same thing in a handout, I believe, so it doesn't need to face me. Leslie: When we get into the drawings it's going to be a little bit harder to see, because they get really -- really small. Madam Mayor, City Council, ready to start? To start off, I need to -- there is a final rendition of what the building is going to look like. This is the training center side of it, not the actual remodel portion. The remodel portion that I have a picture of, it pretty much mimics the outside of our current building, so there is not a lot of changes there and only a few windows in it. There is the very last slide, working our way back. I had to move this around a little bit. I wanted to clarify the budget amendment that's in front of you to make sure that it's -- it's clear on what I'm asking for. I don't know that it was perfectly clear in what I asked for, so I'm going to clarify that real quick. De Weerd: It was short on detail. Leslie: Well, we will make up for the detail tonight and go over that for you. I will also breakdown the cost amount and where we end up, where we are, and what we are actually asking for tonight. So, currently we have 4,595,000 in the budget. In November we had -- were approved for 5,052,638 dollars. So, we needed to come back for a budget amendment at some point during this year for 457,638 dollars. In Meridian City Council May 27, 2014 Page 17 of 27 November when we started this project we were -- we didn't have the full scope, the full design completed. We had to go through all of that in order to get to this current cost estimation. We also moved forward on the irrigation canal, which needed to be covered and we completed that project as well. So, what I'm asking for tonight is the 457,638 to get me back to 5,052,000. In addition to that, asking for an additional 373,475 based off our current estimations. Our plans are complete. They are submitted to the city planning department for approval, so there will be no changes in the plans at this point in time and all cost estimations are based off of the information we have as of today. Understand there is a lot of things that took place between November and now that's changed the cost of the project and I'm going to try to cover most of it with you tonight if I can. So, let's back up to project overview. Again, in November we came in front of you and showed you the plan that we had, we asked for permission to cover the lateral. We were on a tight timeline to get that covered before irrigation season started. We were able to meet that objective. That project ended up costing us 61,592. Again, working off a budget number of 5,052,000. We started working on the redesign of both the public -- public safety training center and, then, the police department remodel. Again, to reiterate, the cost estimations that were over were currently over 373,475 from our original cost estimation. We have seven identified bid alternates. We are hoping to be able to go out to bid until June. Obviously until you got the bid I'm not going to have the exact dollar amounts, but I do know that I have enough in my bid alternates to keep us within budget. Some things have changed in the project. Real quick. Just a quick side profile of the building. That's the training center building again. I think you guys have seen a little bit of this before in some other drawings. Pretty basic building for the most part. We have the garage in the back as a sally port. It's used to house the command vehicle that we are currently housing out at the fire station on Eagle Road. We will move it to this location to where it can be utilized as also training space, in addition to a place to store the vehicle when it's not being used. We will be able to use in command training with the actual command trailer, instead of pretending to be using it or going and getting it and moving it to a new location. Go ahead and take that off there for me, Max. Site layout hasn't changed since our initial discussion. Basically the police department is on the right of this picture and the new training center is on the left. It shows the irrigation canal that is now covered. There is some option that's identified in there. On the east side of the parking there is a new addition to the parking lot and there is some patrol expansion, 2,100 square feet to the main part of the PD that we will get into here in a sec. As we went through the building design and scope a couple of things have changed. One was the locker room expansion. In our plan we came to you in November, we projected on changing the way we do business as far as the current briefing room and expanding our locker room space to accommodate growth for us in the future. One of the value engineering components that the architect challenged us with on every aspect of the building -- every room we looked at they often asked the tough questions. This was one of them that they are like we are not sure that you have thought this one completely through and are there ways that you can take day lockers for your nonsworn staff, instead of having the same capacity locker that you have for sworn staff that are currently in the room and the use a day locker system for those who don't require as much gear, but yet are still using the workout facilities or going -- changing to go to meetings or those types of things. That was something we hadn't Meridian City Council May 27, 2014 Page 18 of 27 thought about and in looking at the available space from the locker rooms we believe that is something that -- that we could do and that would meet our needs going into the future and it just changes our way of doing business per se, but doesn't take away from those employees that are trying to utilize the facilities. That was a pretty good size savings at the time. The other thing that we left City Council in November -- one of the thoughts was not to change the inside. If we -- once we start and do the remodel on the police department -- because we believe that this remodel is going to take us well into the future, it's going to take away the need to build onto the building. We gained a ton of space in there as far as worker space. We didn't want to do inside the walls again and do construction once we did it once. We wanted to do it internally. So, our first estimation, that 5,052,000, did not have the covering of the front lobby as part of that cost estimation. We took that out of the bid alternate, because we didn't want to change the inside of the building more than once, we only wanted to do it one time. So, once we made the modifications internally we didn't want to come back inside. We felt it would be better to add a parking lot outside as a bid alternate, add landscaping as a bid alternate where we may be changing the patrol expansion to 2,100 square feet on the -- on the west side of the building, though it's desperately needed, it's still something that can be added on the external part of the building and not be as -- affect our inside operations as much. So, the locker room was removed. The lobby was added. IT server room in our first estimation was going to be a update to an electrical closet that we currently use. In 2002 when we built the PD and moved into it we didn't have internet in our building. That came later. All of our computers were standalone computers. So, we had a room that we used to make into a server location for us. Since that time the PD has kind of evolved into the backup location for all IT services for the City of Meridian. We felt that trying to renovate a closet to make it work properly wasn't the right thing to do and so we took away some of the space in our office space on the second floor and made a -- a redundant, fully operational server room to meet the need for us going into the future. The way it stood before that, we had some capabilities to stand up and -- our IT equipment at the PD, but because of HVAC, the lack of humidity control in that room would be for a very short period of time. The way it stands now with this -- added to this facility that won't be the case. If we lose here we can be back up and operational until we get this building back up to where it needs to be. So, we felt that was important to put in the project and not just remodel the existing closet, if you will. Holman: Madam Mayor? De Weerd: Yes. Holman: May I interrupt just a second and add to that? This is an opportunity -- when we first looked at this when this project started this was an idea that IT had and, then, I believe your -- Jamie's direction from Council was not once we do it to not go back in and do it again. I believe there will be cost savings to allow a secondary -- basically server room there if we did it during the construction phase. We had a number of items in our COOP that were listed -- or continuity of operations plan saying having a fully redundant location allows this City Hall to fail over to the Police Department and Police Meridian City Council May 27, 2014 Page 19 of 27 Department to fail back this way. So, it -- IT is in support of this part of it right now. So, I think it would be an opportunity -- it's an opportunity. So, I just wanted to add that and would stand for any questions on that. De Weerd: Thank you. Leslie: HVAC in the PD, talk about that just a little bit. In our initial discussions and cost estimations we knew going into it that there was going to be some unknowns going into the tenant improvement side of the project. The new building is pretty easy to project -- project what the costs are going to be, because it's a brand new building from the beginning. A remodel is a little bit different story. There have been similar issues in our comfort level in that building and we knew we couldn't address our HVAC concerns completely with a remodel, but we knew that the area that we were going to make changes to -- that we needed to make sure that the HVAC system was going to work properly and so there was some changes that we added to that system to make sure that it was going to work properly and give us some direction moving in the future to get the rest of the building up to where the new parks are going to be. So, we tried not to touch anything that was currently in place that wasn't being directly affected by the remodel. The serer room is one of those that definitely has some increased cost, because we had to add the proper heating and cooling for it and also the humidity controls for it. So, our HVAC costs are a little bit higher than we anticipated based off of some of the challenges that we face going through this -- this process. Back to the budget amendment slide and I'm going to go ahead and go through real quickly what we did to the building. What you're looking at in this plan right here is the first floor and everything that's changed is highlighted in the dark part. So, towards the bottom of it is the addition to patrol. The main focus on that is going to be a slightly larger briefing area. We lost an office in the remodel, so there is three offices that are gained -- there was actually two offices gained in that spot as we grow in the future. The evidence vault has an expanded area. That's an ever challenging need for us to find places for our evidence and it coincides right there with the evidence vault and there is a small office -slash conference room in the bottom left-hand corner of that. The break room is up on the very top of the page. It sits right next to our current weight room. That weight room is entirely too small. We were going to move it out to the training center that's separated from the building. We are removing the wall in the center, which is, then, going to add -- it will double the size of the break room, taking it forward in the future. And next -- second floor modifications -- we actually have the furniture in place in here for total build out and growth. So, all of those spots won't necessarily be occupied right up front and we are not purchasing any of the furniture right up front. So, in the reorganization of the building we took two walls in detectives and added a small office in the very center of the page -- Max will point to that. And we are moving all CID -- currently CID is separated between divisions, so has -- the impact team is on one side of the building in the back corner and the general investigators are on the left side of the building. The front meeting room -- top -- upstairs meeting room -- go ahead and point to that, Max, for me. Further in. Next one in with all the cubicles in it. There you go. Right there. That one is currently a training room, because we have training space in the new building. We took that away. That is going to be now office space. We will Meridian City Council May 27, 2014 Page 20 of 27 move 12 people into that space, which currently has none in it. It's a training room. The back space -- we will, then, move over into the back side of detectives. There is enough room and growth there for four additional detectives. In each of the two detective areas we have enough growth for four additional detectives in each spot. Obviously, we have to buy furniture and that type of stuff when we add those bodies, but the room is there. Currently we don't have any room in detectives to add any bodies, so in detectives alone there is enough spots for eight additional officers to be moved into that -- that spot. Code enforcement on the bottom, which is right here. That office space currently holds seven people and in the new configuration will hold 14. Basically a wall has been removed. The wall that separates them and the other division -- there was another wall -- instead of having a doorway we removed a doorway and a window, which went into the backside pod and, then, what currently houses six people in there will still house six, but also houses the IT room. So, the new IT room will be located in the back corner of the building right there. So, that space currently is utilized as a hallway and then -- just a hallway out. Added the IT space and, then, the new CAU unit will be housed there. Up front -- you come up -- the lobby expansion ends up adding three offices and a reception area -- actually two offices, a reception area and a very small conference room. So, the chiefs current conference room -- you have all been in there -- that's our only conference upstairs. Because of the size of the area that Charlotte has we are going to make that a conference room with a large room and we are still reducing it by just about three feet, four feet, making a hallway down one side and, then, there will be an additional two offices on the west side of the building, so total we are going to end up with one, two, three -- three new offices upstairs. Yes. Still have those two, so -- any questions on the layout? Those are hard to see. I sent you -- Jaycee has a pdf that you guys can look at as well. So, we can go through those. With that I will stand for any questions. De Weerd: Okay. Council, any questions? Leslie: Oh, the training center. Madam Mayor, if I can go to the training center real quick? De Weerd: Uh-huh. Leslie: It hasn't changed hardly at all since the very first design. The only thing that changed -- the wall that divides the classroom -- right here. In the original design -- De Weerd: You can't -- I'm sorry, Jamie, you can't talk over there. There you go. Leslie: I will move this back over there, so -- in the original design this wall was actually about three, four feet back here. Made for an extra large lobby space. We moved that to increase the classroom space in that area. The sally port -- when we went through the final engineering designs the distance between the door opening and the corner of the wall was too narrow and so we had the decision of whether adding steel reinforcements to make that door opening structurally sound or to increase it by two feet on each side. We increased it by two feet on each side, the cost being pretty much the Meridian City Council May 27, 2014 Page 21 of 27 same cost, so we went with the steel construction. You come in the building -- just a real quick overview. The lobby space. Also break out classroom space. Lunchroom space. Those types of uses. We have a mat room off to the side. Essential storage area, not more than one storage in the building. This is labeled storage. It's secondly a hallway that goes to the expansion area that's on the west side of the building for future expansion. We simply put a door in there, utilize it as storage at this point and not have an empty corridor that just goes down to nowhere. Two classrooms that are similar to A and B here. Divide in the center. Could be opened up as one. And, then, a 70 person tiered classroom on the top. The same room on the bottom is utilized for promotional testing, incident command type scenario testing where the hallway over here can be utilized as an observation room and, then, monitor what's going on during those simulation drills and/or testing procedures, whether it be promotional testing, that type of stuff. Storage facility for the command trailer, which also allows us to use it in conjunction with the simulation room and run a real life drill in the scenario village and have our instructors in the center here that can control both options, essentially using the truck storage as a classroom as well. De Weerd: Jamie, would you take just a moment and talk about the partnership with Renaissance High School? Leslie: I would love to, Mayor. So, we started shortly after November working with Renaissance High School on developing a master plan for scenario village and in the whole training facility we have nine lots that are dedicated for a scenario village, which are going to be mock size houses, retail space, a bank space, gas station, for the officers and firefighters and EMT personnel, ourselves, that train on ICS -type exercises. Our goal was to reach out to the kids and try to get some assistance in not only designing it, but building it. So, the kids worked all semester in one of the engineering classes and the instructor Justin Touchstone worked on the project, myself, several members of the Police Department, Bruce Freckleton, we all went over and worked with the kids during -- during the school year and they actually as a grade designed and master planned scenario village, so what we have now is nine individual lots with various types of use. Some are banks, some are retail space, one is a restaurant with a patio on it. There is an apartment complex. They did a phenomenal job. They did a -- all the layouts, all the design, some cost estimations on the materials, what it's going to cost to build it. So, we will work next semester with one of the props and the same class, different students, obviously, and we will work at designing one prop specifically all the way to the point of construction documents, so that we can then -- using their architectural advisory board get those approved through our building department to build a prop. We are working with economic development coordinator Brenda to find donations for the first building. We are hoping to find a business or a company out there somewhere who is interested in having their name on one of our businesses -- our mock village. Once we have got the funding for that, then, we will hand those plans off from the kids from the engineering class into the construction class at Renaissance High School and we will work with them to get that project completely constructed. They currently build some houses -- they worked on a project over at Meridian Meridian City Council May 27, 2014 Page 22 of 27 Elementary, the construction crew did. Did a really good job. It's been a wonderful project, just the depth of experience we have at Renaissance High School is amazing. De Weerd: Okay. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Oftentimes when we have multiple benefits from buildings we have multiple funding sources and hearing that the IT addition to this project -- budgetary addition is something that's going to serve the entire city -- City Hall and all the other departments -- there may be a consideration of splitting out the cost for that particular piece of this project and sharing it amongst the various departments that will benefit. De Weerd: No. I guess that was just the easiest way to answer that. No, I think that we can definitely bring it to discussion with Finance and see if there is a logical break out because of the backup function of the system as a whole. So, we can certainly look into that and that's a good point. Rountree: Okay. Great Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with Councilman Rountree, but I believe once we get the bids in and get going on it at that time we could probably have a better idea of what the extra server room and all that is going to be and at that time we can certainly approach and take a look. I think it's a very good idea to look into. With that, if we have more -- no more questions, I would move -- Borton: Madam Mayor? ••, Borton: I do. De Weerd: Yes, Mr. Borton. Borton: Councilman Bird, to your point, I do have a question, Jamie. And I apologize if I'm reading this wrong, but it looks -- the original approved budget amount was just -- the 5,052,000; is that right? Leslie: That's correct, Councilman Borton. Meridian City Council May 27, 2014 Page 23 of 27 Borton: So, I'm missing where the 457,000 is an amendment to that five million dollar budget. The math doesn't make sense to me. Leslie: Okay. Madam Mayor, Councilman Borton, when we came in front of Council originally the estimated cost was 5,052,638 dollars. We only had 4,595,000 that was currently in that budget. We were asked to come back with a budget amendment for the additional 457,000. That gets us to the five million. The additional cost of 373,000. Borton: Madam Mayor? I apologize. So, 5,052,000 was budgeted originally, but not Leslie: That was an approved amount. Borton: Right. Leslie: And we only had at the time 4,595,000 in that fund for that. Borton: Okay Leslie: So, I was instructed by Finance in order to get up to the 5,052,000, to come back at this point in time with a budget amendment for 457,638 dollars to get me flush to the 5,052,000. So, if the cost would have came in where we anticipated them to, that's what I would be asking for tonight. Also the 373,000. So, this is one budget amendment for both of those. In hindsight I may have -- should have broke this out into two different budget amendments. Borton: I see. So -- Madam Mayor? The project has not gone out to bid? Leslie: It has not gone out to bid. We are hoping it will go out to bid next week or so. First part of June. Borton: So, does it seem backwards to amend the budget for additional costs prior to bids coming in? It very well might be necessary, but do you put it out for bid, get those numbers back, and, then, come back and say it turns out bids all came in in light of the adjustments for and ITD and the lobby and the total package came in above our five million by X amount, and that's the amendment? Are we doing it backwards? Leslie: Madam Mayor, Councilman Borton, our thought process was to make sure that when we went out to bid we had -- we were asking for the amount of thought it was going to cost, so that when we -- we at least were up front with what the project is going to cost. We well could have done it your way as well. I mean that would work as well. That was our thought process in doing it all now versus at that time. Based off the construction cost I'm pretty sure it's going to be over. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council May 27, 2014 Page 24 of 27 Bird: This total cost has been very well put together by a very competent team. I think they -- when we -- when we go out for bid we got to make sure we -- in my opinion we need to have the money set there. This is going to cover it. We will probably come in under it I have a feeling. I'd sooner have it up front than like most of our projects every month we are coming back in with a budget amendment for so much. This -- this -- our professional field, this covers it -- more than covers it, so I don't think we will have another, unless we change something we will have another budget amendment on this. In fact, I think they will get money back. Leslie: We will not be changing anything, sir. Bird: Uh? Leslie: There will be no changes in it that -- Bird: No. De Weerd: Mr. Borton, I guess that is the preferred approach, but budget amendments are coming due, because of timelines with public noticing and posting and that sort of thing. So, if we waited until bids were out that came back, we would have exceeded that -- that deadline for all the noticing aspects. So, in this particular situation it gives that budget amount and the spending authority to even get it out to bid. Okay. Anything further? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Don't have anymore questions, I move that we approve the budget amendment for the public safety and training center, not exceed 831,113 dollars. Rountree: Second. De Weerd: I have a motion and a second. Any discussion from Council? Okay. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Ordinances Meridian City Council May 27, 2014 Page 25 of 27 A. Ordinance No. 14-1613: An Ordinance (AZ 14-003 Heritage Grove Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE'/4 Of The SE'/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, 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; And Providing An Effective Date De Weerd: Item 8 is Ordinance 14-1613. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No 14-1613, an ordinance AZ 14-003, Heritage Grove Subdivision, for annexation and rezone of a parcel of land located in the northeast one quarter of the southeast one quarter of Section 31, Township 4 North, Range 1 East, 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 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. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1613, with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion, Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council May 27, 2014 Page 26 of 27 B. Ordinance No. 14-1614: Waiving Parks Reservation Fees for Historic Meridian Special Events De Weerd: Item No. 8-B is ordinance 14-1614. Madam Clerk, will you, please, read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1614, amending Meridian City Code Section 13-2-4.2.1 and providing an effective date. De Weerd: You have heard this ordinance read by title okay. Is there anyone who would like to hear it read in its entirety? Okay. Council, seeing none. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 14-1614 with suspension of rules. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-B. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics De Weerd: Council, are there any topics for consideration on future agendas? Bird: I have none. Item 10: 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. I would, then, entertain a motion under 10-A to adjourn into Executive Session. Bird: Madam Mayor? Meridian City Council May 27, 2014 Page 27 of 27 De Weerd: Mr. Bird. 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 call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milan, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (7:24 p.m. to 8:27 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: ALL AYES. De Weerd: Do I have a motion to adjourn? Bird: So moved. Rountree: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 8:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) � i 3 MAYO MY DE WEERD o n ocL ATE APPROVED Er ATTE Q<51 sT 9 n .a city of JAYCEF-)HOLMAN, CITY CLER :fib, S 'rt, IRE!," �o • - 6jtJ*"1 Ln1 •' ITEM TITLE: MINUTES Approve Minutes of May 13, 2014 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 27, 2014 ITEM NUMBER: 5B . 3 • Ratification of Sale and Purchase Agreement for Ada County Highway District (ACHD) Surplus Property "Parcel 23" adjacent to City Well 19 for the amount of $18,000.00 ►i • 4rv-/L-a Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 7 BOISE IDAHO 06/19114 12:22 PM DEPUTY Vicky Bailey RECORDED—REQUEST OF III IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Meridian City 114048097 SALE AND PURCHASE AGREEMENT THIS SALE AND PURCHASE AGREEMENT (the "Agreement") is made and entered into this 2.' ' day of , 2014, by and between ADA COUNTY HIGHWAY DISTRICT ("ACHD"), a b y politic and corporate of the state of Idaho, and CITY OF MERIDIAN("Buyer"); WITNESSETH: FOR GOOD AND SUFFICIENT CONSIDERATION, IT IS AGREED: SECTION 1. Definitions. As used in this Agreement, the following terms shall have the following meanings: (a) The term "Closing Date" shall mean --.410).A.1_ 20 (b) The term "Deed" shall mean the form of ded attached hereto as Exhibit (c) The term "Property" shall refer to that certain parcel of real property described on Exhibit"A" to the Deed. SECTION 2. Recitals. 2.1 ACHD has determined that the Property is not needed by and no longer useful to ACHD and has the statutory authority to sell the same. 2.2 For the price and on the terms and conditions hereinafter set forth, Buyer is willing to purchase the Property from ACHD and ACHD is willing to sell, grant and convey the Property to Buyer. SECTION 3. Agreement to Sell and Purchase. ACHD hereby agrees to sell, grant and convey the Property to Buyer, and Buyer hereby agrees to purchase the Property from ACHD for the price and on the terms and conditions hereinafter set forth. SECTION 4. Purchase Price; Closing; Possession. 4.1 The purchase price to be paid by the Buyer for the Property is EIGHTEEN THOUSAND DOLLARS ($18,000.00). 4.2 The closing under this Agreement shall take place at the offices of ACHD on the Closing Date, by the delivery to ACHD of Buyer's cash or cashier's check drawn on a national bank or state of Idaho chartered bank made payable to ACHD in the amount of the purchase price in return for the delivery to Buyer of the Deed, duly executed by ACHD and acknowledged in form suitable for recording. Buyer shall be entitled to possession of the Property on receipt of the executed Deed. Deed, page 1 (5-27-08) S:1Surplus Properties13595 W.Ustickl5sale Contract&Sample Quitclaim.Doc SECTION 5. Property Taxes. ACHD is exempt from any liability for property taxes on the Property for the current year and a tax proration is not appropriate to this transaction. SECTION 6. Conveyance "As-Is" without Warranty. The parties hereto agree that ACHD's conveyance of the Property to the Buyer is "as-is" and without warranty of any kind, express or implied. SECTION 7. Waiver of Defects. The Buyer hereby waives any and all defects concerning the purchase and sale of the Property whether procedural or substantive. SECTION 8. Remedies for Default. In the event of the failure or neglect by either party in the performance required under this Agreement, the other party shall have all the remedies available under the laws of the state of Idaho for breach of a contract, including the remedy of specific performance. SECTION 9. Attorneys' Fees. In any action arising under this Agreement, the unsuccessful party therein agrees to reimburse the prevailing party for its reasonable attorneys' fees, expended or incurred in connection therewith and in connection with any appeal, and the same may be included in the judgment. SECTION 10. Incorporation of Exhibits. It is agreed that all exhibits to this Agreement are incorporated by reference and made a part of the terms, provisions and covenants of this Agreement. SECTION 11. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their successors. SECTION 12. Time of Essence. Time is of the essence of this Agreement. SECTION 13. Entire Agreement. This Agreement and the Exhibits attached hereto constitute the entire understanding between the parties with respect to this transaction, and all prior or contemporaneous agreements, understandings, representations, and statements, oral or written, are merged into this Agreement. SECTION 14. Counterparts. This Agreement shall be executed in two counterparts, each of which shall be deemed an original but both of which together shall constitute one and the same instrument. Deed, page 2 (5-27-08) S:\Surplus Properties13595 W.Ustick\5Sale Contract&Sample Quitclaim.Doc IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ADA COU TY HIGHWAY DISTRICT: 4.41-19(1 / By: Bruce S. Wong Title: Director CITY OF MERIDIAN Irr -44til;By: Title: e.-7 EXHIBITS "1" Deed, with legal description of Property attached. EXHIBIT"1" Deed, page 3 (5-27-08) SASurplus Properties\3595 W.UstidaSale Contract&Sample Quitclaim.Doc STATE OF IDAHO, ) ) ss: County of Ada ) On this a day of ---ta , 2014, before me, the undersigned, a Notary Public in and for said State,personally appeared TAMMY de WEERD ; - ! -► A known to me to be the Mayor a•: ' , - a- - 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. (SEAL) "0)&41 Wyo. NO ARY PUBLI FOR IDAHO • 4 °Li ` •• RESIDING AT: t tau ,S , l •• t0,4 MY COMMISSION EXPIRES: .0 • • • + • • v � It. • 6F; •• •••••• ADA COUNTY RECORDER Christopher D.Rich AMOUNT .00 3 BOISE IDAHO 06/19/14 12:22 PM 3N1 W Sec3 DEPUTY Vicky Bailey IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII RECORDED—REQUEST OF III (--- " ` `' k ' --- Meridian City 114i3480 QUITCLAIM DEED J/,* z---, i THIS INDENTURE, made this RE day of ,/ , 2014, ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate of the State of Idaho, the "GRANTOR", and CITY OF MERIDIAN, the "GRANTEE"; WITNESSETH: FOR VALUE RECEIVED, the GRANTOR does hereby convey, release, and quitclaim to the GRANTEE all right, title and interest in and to that certain realro ert p p Y situated in the COUNTY OF ADA, STATE OF IDAHO, more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof, TOGETHER with all and singular the, structures, improvements and fixtures thereto, the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining, the reversion and reversions, remainder and remainders, and rents, issues and profits thereof (collectively the "Premises") The current address of the GRANTEE is: 33 E. Broadway Avenue Meridian, Idaho 83464 IN WITNESS WHEREOF, this Deed has been duly executed by and on behalf of GRANTOR, the day, month and year herein first above written. ADA COUNTY HIGHWAY DISTRICT r / i --<- B : _id / -ig&e.----r,./4------------- J nI S. Fr. den, President % Bruce . ' ec State of Idaho ) ) ss. County of Ada ) On this day of �� , in the year 2014, before me, ,3m-c-e a Notary Public in and for the state of Idaho, personal) geared John S. Franden, known or identified to me to be the President of the Board of Commissioners of the Ada County Highway District, and Bruce S. Wong, known or identified to me to be the Director of the Ada County Highway District, the persons who executed this instrument on behalf of said Corporation, and acknowledged to me that such Corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ‘&9 , -it 174446-41141° .. 41 Notary Publi or e Stat9 of Idaho ust. Residing daht)Zi' My Commission expires: /uii /J, if. tin Veto veki)* .%%1 44 0 46 The Ada County Highway District(ACHD) is committed to compliance with Title VI of the Civil Rights Act of 1964 and related regulations and directives. ACHD assures that no person shall on the grounds of race, color, national origin, gender, disability or age, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any ACHD service, program or activity. Deed, page 2 (5-27-08) S:\Surplus Properties\3595 W. Ustick\QUITCLAIM DEED.Docx ,..... ......., 7-4ixlirtini Ada County Highway District Project No. 310023 Ustick and Ten Mile Road Intersection • Parcel 23 • Remainder Parcel Description A parcel located in Government Lot 1 of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County,Idaho, more particularly described as follows: Commencing at a brass cap monument marking the northeasterly corner of said Government Lot 1 from which a brass cap monument marking the northwesterly corner of the NE 1/4 of said Section bears N 89°07'11" W a distance of 2640.71 feet; Thence N 89°07'11" W along the northerly boundary of said Government Lot 1 a distance of 285.88 feet to a point on the extension of the easterly boundary of ENGLEWOOD CREEK ESTATES SUBDIVISION NO. 1 as shown in Book 73 of Plats at Page 7488 in the office of the Recorder, Ada County,Idaho; Thence leaving said northerly boundary S 0°24'02" W along said easterly boundary a distance of 61.00 feet to the POINT OF BEGINNING; Thence continuing S 0°24'02" W a distance of 92.00 feet to an angle point in said boundary; Thence S 89°07'11" E along said boundary a distance of 30.12 feet to a point; Thence leaving said boundary N 0°24'02" E a distance of 92.00 feet to a point; Thence N 89°07'11" W a distance of 30.12 feet to the POINT OF BEGINNING; This parcel contains 2,771 square feet (0.064 acres) and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett,PLS ,_,.ce.REb Civil Survey Consultants, Incorporated -- %0- R , February 1,2011 + 0 482 0 _2Iti II 4 DATE: May 27, 2014 ITEM NUMBER: 5C PROJECT .O 'TEM TITLE: CENTRE POINT SQUARE Fourth Amendment to the 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 MEETING NOTES k�p,,�_d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 13 BOISE IDAHO 05129/14 11:56 AM DEPUTY Vicky Bailey RECORDED -REQUEST OF 114041278 Meridian City FOURTH ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Center Point Square, LLC Owner/Developer I THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this fr day of -Axxl , 2014,(Fourth Addendum), by and between City of Metzdian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and M3 Investments, LLC, whose address is 1470 N. Leslie Way Meridian, ID 83646, hereinafter called OWNER/DEVELOPER. RECITALS A. City and FORMER OWNER entered into that certain Development Agreement that was recorded on a portion of the property 8/20/04 in the real property records of Ada County as Instrument No. 104107406 ("DEVELOPMENT AGREEMENT") and an Addendum to Development Agreement was recorded on 3/29/07 as Instrument No. 107044347. A second Addendum to Development Agreement was recorded on 2/21/13 as Instrument No. 1130193368. A third Addendum to Development Agreement was recorded on 5/8/14 as Instrument No. 114034779. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement with this Fourth Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and Addendum, except as specifically to Section 4 and Section 6, amended as follows: 4. USES PERMITTED BY THIS AGREEMENT: 4.1. The second phase includes the development of up to 28 single family lot, and 5 common/other lots pertinent to PP12-013 application. 4.2 The third phase includes the development of up to 40 single family lots and 4 common/other lots pertinent to the PP 13-042 application. Centre Point Square MDA -13-025 Page 1 6. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 6.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 6.1.14 Development of Centre Point Subdivision shall substantially comply with the preliminary) plat, the landscape plans and the sample elevations in Exhibit A, attached hereto. 6.1.15 The Developer shall prepare and record such legal documents (including the existing Shared Maintenance and Use Agreement) to remove the Jackson Square Homeowners Association from any maintenance obligations and liability for the private roads (E. Picard Lane, E. Bourbon Lane, N. Cajun Lane) located within Bienville Square Subdivision. Said document shall be approved by the Association and recorded prior to Final Plat approval by The City oflllerldian. 6.1.16 The Developer shall install tiro (2) Meridian Fire Department approved traffic calming devices (Speed Cushions) on E Picard Lane and one (1) Meridian Fire Department approved traffic calming device (Speed Cushions) on E. Bourbon Lane as a part of the Centre Point Square construction. These Speed Cushions are to be installed as a deterrent to "cut through traffic" and to facilitate the reduction of vehicular speed on E. Picard Lane and E. Bourbon Lane. 6.1.17 The Developer° shall make repairs to the existing pathlnay located on Lot 22, Block 1, Bienville Square Subdivision where adjacent to the proposed Centre Point Square development. 6.1.18 The Developer shall post no parking signs on one side of the private streets (E. Picard Lane, E Bourbon Lane, N. Cajun Lane). 6.1.19 All single family homes (detached and attached) within the proposed development shall obtain certificate of the zoning compliance and administrative design reviei , approval. All d�i,ellings within the development shall incorporate articulation and modulation through changes in materials, color, fenestration and architectural elements (horizontal and vertical) to break up monotonous wall planes and roof lines in a manner that incorporates design features such as, but not limited to, the following: ® Composite roofing (no metal); ® Provide at a minimum, t1110 (2) siding materials (e.g. stucco, board and batten, cedar shake and horizontal lap); ® Stone and/or back wainscot/accents; ® Covered front porches and/or enclosed patios in accord with the approved elevations; e Decorative trim, shutters, corbels, pop -outs, front porch columns and downers; e Four (4) distinct color schemes in earth tone colors; Centre Point Square MDA -13-025 Page 2 e Each dhi�elling shall ha>>e its oii,n distinct exterior ele>>ations to a>>oid a monotonous design i0thin the development; and a Each buildable lot shall be landscaped in accord it,ith sheet L1. 01. Minor deviations to the landscape plan rrray be appro>>ed during CZC and DES rev4ei4, proi,ided the proposed changes to the plantings do not decrease in number or size. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum and the Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and this Addendum. 3. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 4. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNER/DEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. This Addendum shall be effective as of the date herein above written. Except as amended by this Addendum, all terms of the Development Agreement shall remain in full force and effect. Centre Point Square MDA -13-025 Page 3 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: M3 Investments, LLC f By: Alffam— Aafiagement Consultants, LLC Managing Member, Cory Swain President CITY OF MERIDIAN By: Mayor Ta de Weerd s Oily yof h 1 L��kf9� ATTEST:1„L r "ayceo. Holman, City Clerk Centre Point Square MDA -13-025 Page 4 STATE OF IDAHO, ss County of Ada On this 21 day of IULAAA 2014, before me, the undersigned, a Notary Public in and for said State, personally appe ed Coiy Swain, known or identified to me to be the President of Alliance Management Consultants, LLC, managing member of M3 Investments, LLC and acknowledged to me that he executed the same with authority on behalf of said limited liability corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. /I STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: :5-c'i Sr 11 My Commission Expires: �"; �� -2-10f �o On this day of 11A, -1 CA ,, ` , 2014, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee `L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NoaryPubliq for -'Idaho Residing at 1 :, Commission expires: S Centre Point Square MDA -13-025 Page 5 Preliminary Plat (dated: 03/21/14) (REVISED) PLAT SH01',iNC C"ENTRE POINT SUBDIVISION A cir LoT m. aLoQt, 2, WENALLE SQJ,*E 2 LOCATEV, IN THE HE 1/4 CF SECTION 5, T !R. R ',E LIN.. QF�IOJAN, A0A CC;INTY, 11>AH,,; tri r Zit1S REAL KV,T QF tZCIIJJ's, -.ts— —V1 0.1r, r I V • W4 N 't., LAIL K- 0- MIA L'I -I --7 T V, "i A 7; r 'It "Mq 1n. It 'r"r't 'w s—.E 'f1t, T ff{IOU - Im 0 AP T�. A A 7, 44 lArIL"'t 0 Fcwv�n,`L Ff—I Or j AUI4 : M -7=--,7 Pi 5m SIM -7 g z 7t 1,w I cu L"F- 14 - 1-4 Sr�UARE, LLC OE;' -Ti E POINT SQUAPE I PREUMViARY PLAT Centre Point MDA 13-025 - I - Landscape Plans (dated: 12/17/13) 1004102 11C. Project Calculal7ons; Landscape Plan Legend: 1— Centre Point MDA 13-025 - 2 - 1.00 I W L) Street Tree Notes 4 7 'v ACRD Landscape Plan Notoa ca EL 'D Pre Plat Landscape NDtes 0 Landscape Plan Legend: 1— Centre Point MDA 13-025 - 2 - 1.00 I t 4Oall 'T r�'i- r,.rx>.:,xi i Y.,..n •� tl � �.0 Aid r s ����i.O..cteiw_Us T+ec P�riirgi J 6 --. , , ,� fihndr Pksrditgj —�— , - S �. it t �•{.•� �� ., x ..l Landscape Pian Enlargement n Pere udal a L3rowMwver P anti y 1.0 i t Centre Point MDA 13-025 -3 - Elevations Centre Point MDA 13-025 -4- Elevations 4- J : j:f�l -111 llvl IU: r -4 01'ti) t79 -?,k,3 r, is 1. 3 Fa ,401 A WT. ic ........ ... . e 1i V .f FA 4. I K� IM,10 V. if M" �YW' Pdl11, 16 It io"A Ullh los� Nli9VLlA L71. .1 . ...' - 1. -.1 1 - 4 ............ . EXHIBIT A V, -mq se d 1. ........ ... . e 1i V .f FA V, -mq se d Centre Point Square — MDA 13-025 1. e 1i Centre Point Square — MDA 13-025 roposed Landscape Plans (dated: 12/17/13) Project C21�ulations: Centre Point Square — MDA 13-025 CL rL CL LI M Hxr =rt ..,c rk Centre Point Square — MDA 13-025 r* Tt sNA ti; t to �f u- tt ''h:aat t�{:ntt .+..rift, 4.v t't.ti :HrGi �.� fleciUuaae Tree ('Yatilin(f f 2 Shrulf PkitlirN7 _ r �tti� at �� I uun�i�sr & l`,ramtirAver Plantigg 3. Proposed Elevations Centre Point Square — MDA 13-025 DATE: Mav 27, 2014 ITEM NUMBER: .. ITEM TITLE: HERITAGE GROVE Development Agreement 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 MEETING NOTES 4ff,--v" 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 Q. Rich AMOUNT .00 54 BOISE IDAHO 05/29/14 11:56 AM DEPUTY Vicky Bailey III I'II'III'I'lll'I'll�l'I��I'III I fIl RECORDED -REQUEST OF Meridian City 114041277 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Green Village Development, Developer 3. Leon and LaRue Johnson Family Trust, Owner 4. Michael and Leslie Trail, Owners 5. Steve and Bette Charitable Remainder Unitrust, Owner THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of n a �, 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, h eae fter called CITY; and Green Village Development, DEVELOPER; and Leon and LaRue Johnson Family Trust; Michael and Leslie Trail; and Steve and Bette Charitable Remainder Unitrust, OWNERS. RECITALS: 1.1 WHEREAS, Owners are the sole owners, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer malce a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-5B-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer have submitted an application for annexation and zoning of 1.49 acres of the Property requesting a designation of R-15 (Medium -High Density Residential) zoning districtunderthe UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, City and former owner entered into a Development Agreement on a portion of the Property described in Instrument # 108065962 on June 6, 2008 for the Chalet Marseilles Subdivision. That Development Agreement is terminated and the subject Property is hereby bound by the terms of this Agreement. DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 1 OF 10 1.6 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the subject Property will be developed and what improvements will be made; and 1.7 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 1.8 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 1.9 WHEREAS, the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.10 WHEREAS, Owners and/or Developer deem 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 1.11 WHEREAS, City requires the Owners and/or 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 HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 2 OF 10 3.2 OWNERS: means and refers to Leon and LaRue Johnson Family Trust, whose address is 2453 Wainwright Drive, Meridian, Idaho 83642; Michael and Leslie Trail, whose address is 1370 E. Ustick Road, Meridian, Idaho 83642; and Steve and Bette Charitable Remainder Unitrust, whose address is 1095 Mountain Ridge Road, Provo, Utah 84604, the parties who own said Property and shall include any subsequent owner (s) of the Property. 3.3 DEVELOPER: means and refers Green Village Development, whose address is 372 S. Eagle Road, Suite # 328, Eagle, Idaho 83616, the party developing said Property and shall include any subsequent developer(s) of the Property 3.4 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 zoned Medium High Density Residential District (R-15) and a parcel to be zoned Medium High Density Residential District (R-15) (1.49 acres) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 The applicant shall comply with the submitted home elevations and design features attached in Exhibit A.7 of the Findings as in the attached "Exhibit B". A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face E. Ustick Road and N. Locust Grove Road (Lots 3-21, Block 6). 5.1.2. Development of this site shall substantially complywith the preliminaryplat and landscape plan in Exhibit A of the Findings as in the attached "Exhibit B".. 5.1.3. The landscape buffers adjacent to E. Ustick Road and N. Locust Grove Road, excluding the Trail property, shall be constructed as shown on the submitted landscape plan with the first phase of development. 5.1.4. The applicant shall comply with all City ordinances in effect at the time of final plat submittal. DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 3 OF 10 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or 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 Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or 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. Owners and/or 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 Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement maybe 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 Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the partyresponsible 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 Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 4 OF 10 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners and/or 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 Owners and/or 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 Owners and/or Developer agree 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 depositin 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 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Green Village Development 372 S. Eagle Road, Suite #328 Eagle, ID 83616 DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 5 OF 10 OWNERS: Leon and LaRue Johnson Family Trust 2453 E. Wainwright Drive Meridian, ID 83646 Steve and Bette Charitable Remainder Unitrust 1095 Mountain Ridge Road Provo, UT 84604 Michael and Leslie Trail 1370 E. Ustick Road Meridian, ID 83646 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing 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 Owners and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in anyway 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 Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or 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. DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 6 OF 10 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or 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 Owners and/or Developer and City, otherthanas 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 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 WITNES S WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. DEVELOPER: Green Village Development By , OWNERS: Leon and LaRue Johnson Family Trust t C. Leon Jolmo. Trustee fr E. LaRue Jo son, rustee OWNERS: Michael Trail eslie Trail DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 7 OF 10 Steve and Bette Charitable Remainder Unitrust 3 W. Gibson, Trustee CITY: CITY OF MERIDIAN, an Idaho municipal corporation By: J Mayor Tarr de Weerd ATTEST: Jaycee U Holman, City Cleric ST OF IDAHO ) :ss. County of A ) U Ir, City of }/ IJ-F9A1°4,'-`- ,'lD ;Q t SEAL On this day of , 2014, before the undersigned notary public in and for the said state, personally appeare ucker Johnson, known or identified to me to be the of Green Village Development a ie person who executed the foregoing instrument on behalf of said company and acknowledged to me tha executed the same. IN WITNESS WHEREOF, I have hereunto set Mfy4Land and seal the day and year first above written. Notary PNat: r Idaho Residing My Commission DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 8 OF 10 Bette Charitable Remainder Unitrust In Stephen W, Gibson, Trustee CITY: CITY OF MERIDIAN, aInIdaho municipal corporation \ 0 Mayor Tammy de Weerd ATTEST: Jaycee L. Holman, City Clerk STATE OF IDAHO ) :ss. County of Ada On this 141 day of , 2014, before the undersigned notary public in and for the said state, personally appeared ucker Johnson, known or identified tome to be the of Green Village Development and the person who executed the foregoing instrument on behalf of said company and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ROSEAT T. 8MrrH Notary Pub is for Idaho TY PUBUC Residing at: TATE OF 10M0 My Commission Expires: I - DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 8 OF 10 STATE OF IDAHO ) :ss. County of Ada ) On this t day of , 2014, before the undersigned notary public in and for the said state, personally appeared C. Leon Johnson, known or identified to me to be a trustee of the Leon and LaRue Johnson Family Trust and the person who executed the foregoing instrument and acknowledged to me that he executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. RO NOTARY PLIM STATE OF IDAHO STATE OF IDAHO ) :ss. County of Ada N ary Public for Id ho Residing at: ` My Commission Expires: On this day of , 2014, before the undersigned notary public in and for the said state, personally appeared It. LaRue Johnson, known or identified to me to be a trustee of the Leon and LaRue Johnson Family Trust and the person who executed the foregoing instrument and acknowledged to me that she executed the same on behalf of said Trust. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ROBERT NOThRY IDAHOSTATE OF 4. STATE OF IDAHO ) :ss. County of Ada ) N16tary Public for Idaho Residing at: �,o My Commission Expires;.:� On this day of CU , 2014, before the undersigned notary public in and for the said state, personally appeared Michael Trail, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year fust above written. Le L Notary Public Idaho p, Residing at: ®®e0®v My Commission Expires: DEVELOPMENT A® fir. ��GE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 -PAGE 9 OF 10 ®®®®®®9 S OF IDAHO ) :ss. County of A ) On this day of , 2014, before the undersigned notary public in and for the said state, personally appeareslie Trail, known or identified to me to be the person who executed the foregoing instrument and acicn edged to me that she executed the same. IN WITNESS WHEREOF, I have h nto set my hand and seal the day and year first above written. Notary Public for ho Residing at: My Commission Expires: STATE OF fIJAHa) :ss. County of A -Aa -.F t) On this day of , 2014, before the undersigned notary public in and for the said state, personally appeared Stephen W. Gibson, known or identified to me to be the Trustee of the Steve and Bette Charitable Remainder Unitrust and the person who executed the foregoing instrument on behalf of said Trust and acknowledged to me that said they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. DEREK MARSHALL. f f ` NUMRYPURt1C e SMTEof UTAH Notary Public for Idaho all COMMISSION NO. 662961 < ESP. 42.11-2017 Residing at:': My Commission Expires: STA F IDAHO ) : ss County of Add On this day of , 2014, before me, a Notary Public, personally appeared Ta de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Cleric, respec ly, of the City of Meridian, who executed the instrument of behalf of said City, and acknowl d to me that such City executed the same. IN WITNESS WHEREOF, I have unto set my hand and affixed my official seal the day and year in this certificate first above writte Notarylic for Idaho Residing at. Commission ex . DEVELOPMENT AGREEMENT HERITAGE GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 — PAGE 10 OF 10 STATE OF IDAHO ) :ss. County of Ada On this day of a , 2014, before the undersigned notary public in and for the said state, personally appeared Leslie Trail, known or identified to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and seal the day and year first above written. ROBERT T. smrrH NOTARY PUBLIC STATE OF IDAHO STATE OF IDAHO ) :ss. County of On this day of , 2014, before the undersigned notary public in and for the said state, personally appeared Stephen W. Gibson, known or identified to me to be the Trustee of the Steve and Bette Charitable Remainder Unitrust and the person who executed the foregoing instrument on behalf of said Trusi and acknowledged to me that said they executed the same. IN WITNESS WHEREOF, I have hereunto set my hand arnd seal the day and year first above written. Notary Public for Idaho Residing at: My Commission Expires: STATE OF IDAHO ) ss County of Ada ) x w - On this ��°�.:� �- day of —[—k 2014 before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for`Idaho Residing at. k.1f w, j Commission expires: DEVELOPMENT AGREEMENT HERITAGE, ' GROVE SUBDIVISION AZ 14-003 AND MDA 14-001 - PAGE 10 OF 10 i' M1' ' xktbJ EXTERIOR BOUNDARY DESCRIPTION FOR HERITAGE GROVE SUBDIVISION A parcel located in the SE 1/4 of the SE 1/4 of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap monument marking the southeasterly corner of said SE %4 of the SE 1/4, from which a 5/8 inch diameter iron pin marking the southwesterly corner of said SE 1/4 of the SE 1/4 bears N 89°47'06" W a distance of 1324.60 feet; Thence N 89°47'06" W along the southerly boundary of said SE 1/ of the SE V4 a distance of 760.04 feet to a point; Thence leaving said southerly boundary N 0'08'14" E a distance of 48.00 feet to a brass cap monument marking the southeasterly corner of If,' MEADOW SUBDIVISON as shown in Book 82 of Plats at Page 9035 on file in the office of the Recorder, said Ada County and the POINT OF BEGINNING; Thence along the easterly and northerly boundaries of said WANDA'S MEADOW SUBDIVISION the following described courses: Thence continuing N 0°08' 14" E a distance of 107.59 feet to a 5/8 inch diameter iron pin; Thence N 8°40'34" E a distance of 42.72 feet to a 5/8 inch diameter iron pin: Thence N 0123'24" E a distance of 416.15 feet to a 5/8 inch diameter iron pin marking the northeasterly corner of said WANDA'S MEADOW SUBDIVISION; Thence N 89°47'05" W along said northerly boundary a distance of 567.58 feet to a 5/8 inch diameter iron pin marking the northwesterly corner of said WANDA'S MEADOW SUBDIVISION, said point also being on the westerly boundary of said SE %4 of the SE 1/; Thence leaving said northerly boundary N 0037109" E along said westerly boundary a . distance of 715.84 feet to a 5/8 inch diameter iron pin on the northerly boundary of said SE 1/4 of the SE 1/4, said point also being on the southerly boundary of QUENZER COMMONS SUBDIVISION NO. 5 as shown in Book 90 of Plats at Page 10429 in said office of the Recorder; Thence leaving said westerly boundary S 89'46'17" E along said southerly boundary and also along the southerly of QUENZER COMMONS SUBDIVISION 6 as shown in Book 91 of Plats at Page 10710 in said office of the Recorder a distance of 661.15 feet to 5/8 inch diameter iron pin marking the northeasterly corner of the W 1/2 of the SE 1/4 of the SE 1/4; Thence leaving said southerly boundary S 0'34'10" W along the easterly boundary of said W %2 of the SE %4 of the SE 1/4a distance of 599.74 feet to a 5/8 inch diameter iron pin; Exterior Boundary Page 2 Thence leaving said easterly boundary S 89'46'17" E a distance of 616.67 feet to 5/8 inch diameter iron pin on the westerly right-of-way of Locust Grove Road; Thence along said westerly right-of-way the following described courses: Thence S 0°31' 11" W a distance of 464.55 feet to a 5/8 inch diameter iron pin; Thence S 6°13'49" W a distance of 100.50 feet to a 5/8 inch diameter iron pin; Thence S 0°31' 11" W a distance of 93.00 feet to a 5/8 inch diameter iron pin; Thence leaving said westerly right-of-way S 40°13'08" W a distance of 31.72 feet to a 5/8 inch diameter iron pin on the northerly right-of-way of Ustick Road; Thence N 89°47'06" W along said northerly right-of-way a distance of 685.10 feet to the POINT OF BEGINNING. This parcel contains 21.71 acres and is subject to any easements existing or in use. Prepared by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated January 17, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (::�VE IDF� I tF In the Matter of the Request to Annex 1.49 Acres of Land with the R-15 Zoning District; Planned Unit Development to Modify the R-15 Dimensional Standards of the Mew and Alley -load Lots; Preliminary Plat Consisting of 121 Residential Building Lots and 19 Common/Other Lots on 21.71 Acres of Land; and Development Agreement Modification to Change the Development Plan from Multi -family to Single Family, Located on the Northwest Corner of E. Ustick Road and N. Locust Grove Road; by Tucker Johnson. Case No(s). AZ -14-003; PUD -14001; PP -14-001; and MDA -14-001 For the City Council Hearing Date of: April 15, 2014 (Findings on May 6, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of April 15, 2014, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3, The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian 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 -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Cleric and then a copy served by the Cleric 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 15, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that; 1. The applicant's request for annexation and development agreement modification is hereby approved with the provisions in Exhibit B of the Staff Report for the hearing date of April 15, 2014, attached as Exhibit A. 2. The applicant's request for planned unit development and preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of April 15, 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 11-613-713). 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 rip 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 Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -2- shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat rmist be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title I I(UDC 11-513-6F). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-31)). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC I1 -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 April 15, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14.001 -3- By action of the City Council at its regular meeting hold on the day of V ot--'=�" - , 2014. U 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 Tamm (dy*eerd VOTED VOTED VOTED -, (1,fi— - VOTED"_ VOTED VOTED VOTED Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney, A Ij By: Dated:y of ea, City Cl k's (9fficb TDTtLN SEAL CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-001; PUD -14-001; PP -14-001; & MDA -14-001 -4- EXHIBIT A STAFF REPORT Hearing Date: April 15, 2014 I I TO: Mayor and City Council FROM: Bill Parsons, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA - 14 -001 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Tricker Johnson, has requested approval of the following applications: 1) Annexation of approximately 1.49 acres from the RUT zoning district in Ada County to the R-15 (Medium High-density Residential) zoning district; 2) Planned unit development to modify the R-15 dimensional standards of the mew and alley loaded lots to allow for an exemplary design; 3) Preliminary plat consisting of 121 single family residential lots and 19 common lots on approximately 21.71 acres and; 4) Development Agreement modification to change the development plan from multi -family to single family. See Section Mof the staff reportfor more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ, PUD, PP and MDA applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D, The Planninu and Zoninu Commission heard these items on March 6. 2014. At the Dublic hearing, the Commission voted to recommend approval of the subiect AZ. PUD and PP requests. a. Summary of Commission Public Hearing: L In favor: Tucker Johnson ii. In opposition: None iii. Commenting: Josh Leblanc and Randy Spiwalc iv. Written testimonv: Roberta Garvin, Wendell Martin and Anne Hutchinson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. Cost sharing for the perimeter fencinj4. c. Kev Commission Chanae(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. None Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 1 EXHIBIT A The Meridian City Council heard these items on April 15, 2014. At the public hearjng the ouncil approved the subject AZ, PUD, PP and MDA requests. dx ,Summary of City Council Public Hearin: L In favor: Tucl er Johnson ij. In opposition: None iii. Commenting: None M Written testimony: None L Staff presenting application: Bill Parsons A Other staff commenting on annlication: Ted Baird b, Ka issues of Discussion by Council: k None C. Kev CouncjI Changes to Staff/Commission Recommendation i. The development (closure of the Ustick Road access and the Ustick landscape buffer) of the Trail prow may commence with Phase 2 of the proieet DA Provision C and Site Specific Condition of approval 1.2.1(a,b,c) and 1.2.7 were modified accordingly. L Added Condition of Approval 1.2.Id: Restricting Lots 26-35, Bloch 6 to single straw homes as testified by the applicant. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 003; PUD -14-001; PP -14-001 and MDA -14-001 as presented in the staff report for the hearing date of April 15, 2014, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 as presented in the staff report for the hearing date of April 15,'2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 (optional) to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the northwest corner of N. Locust Grove Road and E. Ustick Road in the SE 1/4 of Section 28, Township 4N, Range 1W. - (Parcel #'s: 5053144935; 50531449450 and 50531449105) B. Applicant/Representative: Tucker Johnson, Green Village Development 372 S. Eagle Road, Suite #328 Eagle, Idaho 83616 C. Owner(s): Leon and LaRue Johnson Michael and Leslie Tfail 2453 E. Wainwright Drive 1370 E. Ustick Road Meridian, Idaho 83646 Meridian, Idaho 83646 Steve and Bette Charitable Remainder Unitrust Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14.001 and MDA -14-001 PAGE EXHIBIT A 1095 Mountain Ridge Road Provo, Utah 84604 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation, planned unit development, preliminary plat and development agreement modification. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: February 17, and March 3, 2014 (Commission); Manch 24, and ApOl 7, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: February 10, 2014 (Commission); March 20, 2014 (Council) D. Applicant posted notice on site(s) on: February 20, 2014 (Commission); March 28, 2014, Council VI. LAND USE A. Existing Land Use(s) and Zoning: The properties are agricultural in nature and consist of several single family residences and outbuildings, zoned RUT and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Quenzer Commons Subdivision and LDS Church, zoned R-8 and RUT (Ada County) 2. East: Summerfield Subdivision, County residence, zoned R-8 and RUT (Ada County) 3. South: Howell Tract Subdivision, zoned R-8 4. West: Wanda's Meadows Subdivision and County residence, zoned R-4 and RUT (Ada County) C. History of Previous Actions: In 2008, a majority of the subject property (excluding the Trail property) received annexation, preliminary plat, conditional use permit, private street and alternative compliance approval (AZ -07-020, PP -07-027, CUP -07-023, PS -07-008 and ALT -07- 020) to develop a 120 unit multi -family development for the Chalet Marseilles Subdivision. The annexation was approved with a development agreement which recorded as instrument 4108065962. In 2009, the Director granted the approval of an 18 -month time extension to obtain the City Engineer's signature on a final plat and commence the conditional use for Chalet Marseilles Subdivision. Subsequent time extensions were not filed with the Planning Division, thus the preliminary plat and the conditional use permit have expired. D. Utilities: 1. Public Works: a. Location of sewer: Sanitary sewer mains intended to provide service to this proposed development are existing adjacent to the development in E. Ustick Road, N. Locust Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue. b. Location of water: Domestic water mains intended to provide service to this proposed development are existing adjacent to the development in E, Ustick Road, N. Locust Grove Road, N. Yellow Peak Avenue, and N. Heritage View Avenue. Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 3 EXHIBIT A c. Issues or concerns: The current design location of the sanitary sewer and water mains across the Block 4, and Block 12 Mews does not comply with Meridian Public Works Standards. Specifically there would need to be a 14 -foot wide all weather gravel road over the utilities per Standard Drawing No. G2. E. Physical Features: 1, Canals/Ditches Irrigation: No major facilities exist on the properties but several irrigation ditches traverse the property and must be tiled in accord with UDC 11-3A-6. 2. Hazards: Staff is not aware of any hazards that exist on these properties. 3. Flood Plain: NA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated "Medium Density Residential" (MDR) on the f Lure land use map. 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 proposed preliminary plat depicts 121 single-family detached lots on 21.71 acres of land at a gross density of 5.57 dwelling units per acre consistent with the MDR designation. Concurrently, the applicant is requesting to annex 1.49 acres with an R-15 zoning district. The R-15 zone is requested to match the zoning of the remaining acreage approved with the annexation in 2008. Although the zoning of the proposed development 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. As an addendum to the Comprehensive Plan, the City adopted the Design Manual that includes guidelines that encourages aesthetic development that results in an attractive and livable community. Specifically, the Plan envisions the creative and innovative use of current and emerging development trends and design practices. To support the design of the proposed plat and meet the current development trends, the applicant is proposing to develop the property under the guidelines of a planned unit development (PUD). Staff believes the residential subdivision should emphasize the pedestrian environment and community connectivity through the integration of street networks, attractive streetscapes and landscaping, access to transit and accessibility to common open spaces. Staff has identified the applicable Comprehensive Plan policies that support the proposed development and many of the design concepts noted above (staff analysis in italics; comp, plan reference in parenthesis): "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 applicant is proposing to develop a mixed use residential development consisting rnew/alley-load homes and traditional single family homes atgross densities similar to the adjacent subdivisions. ® "Provide housing options close to employment and shopping centers." (3.07.02D) The proposed development will provide housing opportunities in close proximity to the existing shopping centers along the Eagle and Fairvleiv corridors. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 4 EXHIBIT A ® "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 N. Locust Grove Road and E. Ustick Road in accord ivith the standards listed in UDC 11 -3B -7C as shorwrn on the landscape plan. The internal blocks will have housing that fronts on rnerws and the internal blocks ivill also have 8 -foot ivide parkivays to provide an attractive streetscape. All signage and fencing must be in compliance with the standards listed in UDC 11-3D-5 and 11-3A-7 respectively. ® "Require common area in all subdivisions." (3,07.02F) The applicant is required to provide a Mirnimum of 10% qualified open space as setforth in UDC 11-3G-3. The proposedplat depicts 15.3% (or 3,32 acres) of qutalifted open space. The proposed subdivision is in compliance ivith the comrnorn open space requirement, ® "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01,0117) City services are required to be extended to the properties upon development in accord with UDC 11-3A-21. Since the existing home and the secondary divellirng on Lot 25, Block 6lvill remain as part of the project; they must be connected to cio) services upon annexation of the property. ® "Require new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3,03,020) With the developluent of the Wanda's Meadows and Quenzer Commons Subdivisions, the City required a stub street from each development (north and south boumdar )) that will be extended with the construction of the subdivision. In the northern half of the proposed development, the applicant is stubbing a street to the Ada Coznno3 parcels on the west and east boundary for futture connectivity, ® "Require pedestrian access connectors in all new development to link subdivisions together to promote neighborhood connectivity." (3.07,02C) Interconnected ivallm,ays are proposed within the inert, lots and a combination of 5.foot ivide attached and detached sidewalks is proposed along the local and arterial streets that enhances pedestrian connectivity in the area. ® "Restrict private curb cuts and access points on collectors and arterial streets." (3.06,02D) The existing dwellings on Lot 25, Block 6 have an access to E. Ustick Road Ihith the development of the subdivision, access to the dwellings should be provided from the internal street, E. Spring Place Street, in accord with UDC 11-3A-3. ® "Work with transportation agencies and private property owners to preserve transportation corridors, fixture transit routes and infrastructure, road and highway extensions and to facilitate access management plamiing." (3,01,01J) Currently, ACHD has corrinuenced with the re -construction of the Ustick/Locust Grove intersection. The applicant is coordinated closely u4th the transportation department on the subdivision improvements (e.g. landscaping, irrigation, ivater and server extensions). • "Coordinate with transportation agencies to ensure provisions of services and transit development," (6.02.021-1) Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 5 EXHIBIT A TVRT has a transit route planned along the Ustick Road Corridor nvhich nnay be supported by the proposed development a "Elevate quality of design for houses and apartments; evaluate the need for design review guidelines for single-family homes." (3.07.020) Because the applicant is proposing a planned unit development, rrnore details are required to support the design of the project. One o f the requirements is placing a greater emphasis on the design of the plat, the architectural ennbellishntents o f the homes and the placement of the structures on the lots. As part of this application the applicant has submitted a detail list of the design features of the homes, sample elevations and an exhibit shoivirng hone the homes 74ll be oriented toiwards the street 114th varying setbacks. Staff is of the opinion that the design of the plat and the design features of the homes support many of the design guidelines in the Design Manual. For the above stated reasons, staff finds the proposed project is consistent with the goals and objectives in the Comprehensive Plan, VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of the Zone(s): (R-15 zone) - 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: Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-15 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: The lots in the proposed preliminary plats appear to conform to the dimensional standards of the applicable district. Development of the site shall comply with the dimensional standards listed in UDC Table 11-2A-7 for the R-15 zoning district. D. Landscaping: e Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-7 and UDC 11 -3B -7C for the R-15 zoning district. o The proposed micropaths shall comply with the design standards in accord with UDC 11-3A- 8 and UDC 11-3B-12. ® The 8 -foot wide parkways proposed along the local streets are required to comply with the design standards outlined in UDC 11-3A-17 and UDC 11 -3B -7C. ® Per UDC 11-3G-3, the plat is required to provide 10 percent open space and two (2) amenities. 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. The traditional family lots are required to comply nvith the parking standards. The reit, lots and the alley loaded lots are not required to provide the required parking pads in fr0771 of the garages. The applicant is proposing a single parking stall between the horrnes that access off of the alley through a platted easennent. The purpose of this parking and hotiv it would function imuld be controlled through the subdivision OCR's. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14.001 and MDA -14-001 PAGE 6 EXHIBIT A IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant is requesting to annex approximately) ,49 acres from the RUT zoning district in Ada County to the R-15 (Medium High-density Residential) zoning district, Currently, the property is developed with two dwellings and several outbuildings that will remain with the development of the subdivision. The applicant is requesting the R-15 zone so that the zoning is consistent throughout the Heritage Grove development. The annexation legal description and exhibit map submitted by the applicant, included in Exhibit C, shows the boundary of the property proposed to be annexed and zoned contiguous to the existing boundary of the City of Meridian and within the approved Area of City Impact boundary. Development Agreement Modification (MDA): At the time of annexation approval in 2008 (Chalet Marseilles), the two larger parcels were approved to develop with 120 multi -family units. Now that multi -family is no longer desired for the property and a single family residential development is proposed, the applicant is requesting to replace the existing development agreement (instrument #108065962) with a new one. (see Exhibit B for the new DA provisions) Planned Unit Development (PUD): The applicant is requesting approval of a PUD for deviations from the R-15 district requirements pertaining to building setbacks for the alley and mew lots internal to the proposed development (Blocks 3-5 and 10-12). The perimeter lots within the proposed development are not proposed for modification and must comply with the R-15 dimensional standards in the UDC, All of the proposed lots exceed the lot size requirements (2,400 square feet) of the R-15 district. Per UDC 11-7-1, the purpose of the PUD requirements is to provide an opportunity for exemplary site development that meets the following objectives: 1. Preserves natural, scenic and historic features of major importance. The applicant is proposing to preserve the heritage of the Johnson Family that Inas farmed the property) for over 50 years, A monrarrentpaying homage to the Johnson family will be placed in the larger mew lot; 2, Allows for innovative design that creates visually pleasing and cohesive patterns of development. Reducing dimensional standards as requested will allow for• an innovative plat design which incorporates shorter block lengths, higher density, variedfr•ont setbacks, attractive streetscape and increased open space not opically seen in marry traditional subdivisions; and 3. Creates functionally integrated development that allows for a more efficient and cost effective provision of public services. More dense subdivisions such as proposed, along iwith proposed design features allorw for a more efficient and cost effective provision ofprrblic services. For these reasons, Staff believes that the proposed development meets the objectives of the PUD requirements stated above. Per the UDC, Council may approve PUD's, upon recommendation by the Commission, in accord with the standards listed in UDC 11-7-4 as follows: Deviations from underlying district requirements: Deviations from the development standards and/or area requirements of the district in accord with Chapter 2 DISTRICT REGULATIONS of this Title may be approved. The exception is that along the periphery of the planned development, the applicable setbacks as established by the district shall not be reduced. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 7 EXHIBIT A 1, Allowed uses: Applicant may request that specific conditional or accessory use(s) allowed in the district be allowed as principal permitted use(s). NA, The applicant has not requested a use exception with the PUD application. 2. The uses within the planned trait development are interconnected through a system of roadways and/or pathways as appropriate, Private streets and service drives may be permitted, if designed and constructed to the Transportation Authority standards and in accord with Chapter 3 Article F. PRIVATE STREETS of this Title. The proposed developmrent has been designed with short block lengths for raalkabilio, and interconnectii)hj> with the adjacent residential subdivisions, Further, all internal roadways and alleys are proposed to be public subject to City and ACHD approval. 3. Buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment, The reduced setbacks requested by the applicant will allow the clustering of horses around a rnew therefore allora ing for more useable opera space area. Staff has mi,iewed these standards and found the der�elopmsent complies with all of there. The applicant is requesting reductions to the minimum dimensional requirements in the R-15 district as follows: Heritage Grove Proposed Setbacks *Measured from back of sidewalk ""Measured from the property line Street setback" Living 5' Garage NA Alley and Mew setback" Mew 5' Living 2' Garage 2' Side setback 5' Rear setback NA Stnffhas reviewed the requested reductions to the R -I5 dimensional standards and because of the rnew design concept, clustering, amount of open space and interconnected pedestrian systems proposed, staff is supportive of the applicant's request, Design: The primary land design concept used to create this development is the use of open space mews, The mew concept uses the traditional neighborhood concepts which allow a more clustered development with shorter block lengths, varied front setbacks, tree -lined streets and increased useable open space to break up straight rows of houses that are common in more traditional subdivisions. The deviation from the required setbacks does the following: 0 eliminates the view of the garage from the street, Heritage Grove Sttbdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 8 EXHIBIT A • places more emphasis on front porches allowing a variety of setbacks and sitting areas where people can interact and gather and creates a more pedestrian friendly environment, ® would allow living space over the garages off of the alley, and ® allows a single parking stall between the units accessing the alley. As mentioned above, the PUD standards state that buildings shall be clustered to preserve scenic or environmentally sensitive areas in the natural state, or to consolidate small open spaces into larger, more usable areas for common use and enjoyment. Also, uses within the PUD should be interconnected through a system of roadways and/or pathways as appropriate. Staff believes that the design of this site complies with these standards. Design Concepts and Building Elevations: The applicant has submitted design criteria, lot fit map and sample elevations for the Heritage Grove Subdivision. The supporting documents include the details of design concepts for the subdivision, architectural elements of the different housing types and dimensional standards for the development. Staff has reviewed these guidelines and found them to represent a unique and innovative residential development. Future homes constructed within the subdivision will be required to comply with the submitted materials. (see Exhibit A.6) Preliminary Plat (PP): The proposed preliminary plat consists of 121 single family residential lots and 19 common lots on approximately 21.71 acres of land in an existing and proposed R-15 zoning district. Lot sizes range between 3,082 and 27,234 square feet respectively. The proposed gross density of the subdivision is 5.57 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the R-15 zoning district. Dimensional Standards: All of the proposed lots must comply with the dimensional standards established in the UDC Table 11-2A-7. The proposed plat complies with the frontage requirements and minimum lot sizes of the UDC. All perimeter lots will remain subject to the dimensional standards set forth in UDC Table 11-2A-7, Phasing Plan: The applicant is proposing to develop the subdivision in four (4) phases. The first two (2) phases are to commence on the northwest corner of the intersection and the last two (2) phases will consume the northern half of the development. Currently ACHD has commenced with Ustick/Locust Grove intersection project. The applicant is coordinating with ACHD for the Subdivision improvements along the adjacent roadways to ensure the necessary infrastructure is in place to serve the proposed development. Further, this roadway project has necessitated the need to connect the existing dwellings on Lot 25, Block 6 to City water and sewer and close the existing dwellings access to E. Ustick Road. In general staff is supportive of the proposed phasing plan however, staff recommends the applicant include Lot 25, Block 6 and complete all of the landscape improvements adjacent to E. Ustick Road and N. Locust Grove Road with the first phase of development. Street Network: UDC 11-3A-3 limits access points to collector and arterial roadways. Currently, the existing dwellings on Lot 25, Block 6 (Trail property) have an access to E. Ustick Road. On the submitted plat, a common lot (Lot 23, Block 6) prohibits the Trail property from accessing E. Spring Place Street. Staff recommends the existing home (Lot 25, Block 6) be included in the first phase of development and Lot 23, Block 6 should be incorporated as part of the Lot 25, Block 6 so the lot has frontage on the local street. Since the existing homes will no longer have access to E. Ustick Road, the property owner will have to coordinate with the City's Addressing Specialist and obtain a new street address from one of the adjacent local streets. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 9 EXHIBIT A The main access to the development is proposed from N. Locust Grove Road. The internal street layout provides adequate internal connectivity and extends existing stubs streets from the north and south boundary. In addition, E. Prairefire Street, located in the north half of the development, is proposed to stub to the Ada County parcels abutting the west and east boundary. For the homes along the internal blocks, access will be provided from public alleys. If the applicant includes Lot 25, block 6 with the first phase of development, staff is supportive of the proposed street layout. Off-street Parking: As mentioned above in section 9, staff is not requiring the parking pads in front of the garages of the mew and alley loaded lots to support the unique design of the project. In the applicant's narrative, it's stated that concrete pads are proposed off the alley between the homes to possibly allow for additional parking. Staff has concerns with how the parking would function given the applicant is not proposing a modification to the 5 -foot side yard setback. Based on this dimension, the homes would have 10 feet of separation which tecluiically meets the dimensional standards for a parking stall but it does take into account the placement of any utilities. If overflow parking is desired for the development, staff recommends the applicant construct overflow parking adjacent to the mew lots or provide a plan that demonstrates how the parking would function. The parking stalls must comply with the UDC dimensional standards. Existing Structures: As mentioned above, ACHD is currently re -constructing the Ustick/Locust Grove intersection. The existing residence and outbuildings near that intersection will be removed in conjunction with the roadway project and with the development of the property. Whatever structures are not removed as part of the roadway project must be removed with the development of the first phase of the subdivision. As mentioned above, the existing dwellings (primary and secondary) and the outbuildings on Lot 25, Block 6 will remain as part of the development. To staff s knowledge ACRD is connecting the dwellings to municipal services. Staff has contacted Ada County Development Services to verify if the secondary dwelling on the property had Ada County approval. At one time the property did receive approval for temporary living quarters but subsequent approvals were not granted by the County for the dwelling to remain. Typically, the City does not annex property with County violations. Staff has evaluated the secondary dwelling standards set forth in UDC 11-4-3-12 to determine if the secondary dwelling would be in violation of the City's ordinance. In reviewing this section of the ordinance it appears the secondary dwelling would meet the criteria set forth in the UDC as far as the placement on the property and the design and size of the structure. Additionally, the two (2) existing outbuildings appear to encroach into the required 5 -foot side yard setback. Under the UDC these structures would be defined as non -conforming and could remain on the property provided any new modifications and/or additions to the structures conform to the requirements of the R-15 district as set forth in UDC 11-113-5. Micropaths: The applicant is proposing multiple pedestrian connections to provide connection to the mew lots. In reviewing the submitted plan all of the micropath lots and pedestrian connections comply with the standards set forth in UDC 11-3A-8 and UDC 11-313-12. Landscaping Requirements Open Space/Amenities: UDC 11-3G-3 requires a minimum of ten percent open space for all residential developments exceeding five acres. The UDC also requires one additional site amenity for each additional 20 acres of development area. Using this standard, the applicant is required to provide a total of two (2) amenities for a development of this size. The applicant is proposing 3.32 acres of common open space with this development which equals Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 10 EXHIBIT A approximately 15,3% of the total development area, Qualifying open space consists of 50% of the arterial street buffers and 10 -foot wide parkways adjacent to the arterial streets, two (2) mew lots, several micropath lots and 8 -foot parkways adjacent to the local streets for the internal blocks. The proposed amenities include the following: l) Clubhouse — The applicant has verbally committed to the addition of the clubhouse amenity after the application submittal. Since the location and design are not part of the application submittal, staff recommends the applicant submit details of this amenity prior to the Commission hearing; 2) (2) picnic areas in the mews and; 3) 5% additional open space Based on the analysis above, staff finds the proposed subdivision complies with the open space and site amenity requirements in the UDC, Arterials: UDC 11-2A-7 requires a 25 -foot wide street buffer along Ustick Road and Locust Grove Road. On the submitted landscape plan the applicant is proposing to construct a 35 -foot wide landscape buffer adjacent to Ustick Road and a 32 -foot wide landscape buffer is proposed adjacent to Locust Grove Road. The submitted landscape plan does not depict any landscape improvements on the Trail property (Lot 25, Block 6). Typically, the UDC would require the applicant to plat a common lot across the front of the buildable lot which is to be owned and maintained by the home owner's association, In this particular case, this lot and block will not be part of the CCR's for the subdivision however; staff believes the applicant should install a berm and landscaping across the front of the Trail property to have a consistent landscape buffer with the Heritage Grove development, The applicant has worked with ACRD on the design of the landscape buffer adjacent to E. Ustick Road, The submitted preliminary plat shows a 10 -foot wide parkway between the curb and the 5 - foot wide detached sidewalk and additional 21 feet from the back of the new sidewalk and the existing residence that could be landscaped consistent with the proposed landscape buffer. To off- set the requirement for the platted common lot across the Trail property, the applicant will have to submit an alternative compliance application with the first phase of a filial plat, and request the landscape buffer be depicted as permanent landscape easement rather than a common lot. Staff recommends the applicant construct a 25 -foot wide landscape buffer in front of Lot 25, Block 6 that matches the rest of the street buffer along E. Ustick Road. Fencing: The applicant is proposing 6 -foot privacy fencing along the perimeter of the project. The UDC does not require fencing except for areas that are adjacent to micro -paths. The developer is required to construct fencing adjacent to micro -path connections to distinguish common from private areas. Fencing adjacent to micro -paths and interior common open space (mew lots) is limited to 4 -feet in height if closed vision fencing is used or open vision fencing up to 6 -feet in height is allowed as it provides visibility from adjacent homes or buildings, per UDC 11 -3A -7A.7. A detailed fencing plan should be submitted upon application of the final plat. If permanent fencing is not proposed along the boundary of the subdivision, the applicant is required to construct temporary fencing to contain debris during construction prior to issuance of any building permits on the site. Existing Trees: There are existing trees on the property that may need to be removed with the development of the property, The applicant should protect all existing trees on the site that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B- 10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 11 EXHIBIT A from the site with equal replacement of the total calipers lost on site up to an amount of 100% replacement, The applicant has stated in his narrative that street trees will be placed on the traditional lots similar to what is proposed for the 8 -foot parkways adjacent to the alley and mew lots, Since the applicant must coordinate with the City Arborist on the replacement of the trees, staff is of the opinion that the trees planted on these lots would off -set the caliper inches proposed for removal. With the submittal of the final plat the applicant should submit a revised landscape plan that depicts the number of trees on the traditional lots and details the mitigation plan outlined by the developer and the City Arborist. Parkways: 8 -foot wide parkways are proposed adjacent to the internal alley/mew lots and a center median is proposed within E. Heritage Grove Drive. The parkways and the center medians must comply with the standards set forth in UDC 11-3A-17 and UDC 11 -3B -7C. Sidewalks: Sidewalks are required along all public streets, 5 -foot wide detached sidewalks are required adjacent to alley and mew lots and E. Ustick Road and N. Locust Grove Road as proposed, Ditches, Laterals, and Canals: Per UDC 11-3A-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. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water, The Applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 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, ha swninai)� Staff reconnnends approval of the proposed application request 114th the reconanaended conditions listed in Exhibit B of this report in accord with the findings containedin Exhibit D. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2, Proposed Preliminary Plats (dated: 01/21/14) 3, Proposed Phasing Plan 4. Proposed Landscape Plan (dated: 01/20/14) 5. Proposed Open Space Exhibit (dated: 01/20/14) 6. Proposed Amenities 7. Proposed Building Elevations and List of Proposed Design Features B. Conditions of Approval C. Legal Description and Exhibit Map for Annexation D. Required Findings from Unified Development Code Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 12 EXHIBIT 2. Proposed Preliminary Plat (dated: 01/21/14) PRELIMINARY PLAT OF HERITAGE GROVE -.SUBDIVISION A; I Ul E'l T__ 0 r :.,N w i w; qgq . .... ...... - - ----- J 1 A '6klt I i LOCATION MAP WOrUD jj T 1- 7, /* NOTES u RUBF 55p- 21 w KOZA�*R @�M X - sic Heritage Grove Subdivision— AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 19 EXHIBIT 3. Proposed Phasing Plan PRELIMINARY PLAT OF HERITAGE GROVE SUBDIVISION PHASING PLAN 'J"g-o' I TEll UFA '0101- loan El ll allf Iola alam P. cl er V A wr P IS 14 .worn... Id 01 10 7 E! 13 tp allpal Bel 1116111111161111111011 El –Y 4 — 71 1 �5 jj hull mini 0Ill A temporary la enter only —Aral lie 19f�m is to Ill 26 pir go mf 0�w 4 � I 4 11 10 to Il to is .11eW f q1t of"94, papa - arpuJujam I Art —F—T ,� 1 f 1 � a V, 9 1 Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001 PAGE 20 EXHIBIT 4. Proposed Landscape Plan (dated: 01/20/14) rltelecAtNw IM�� arm IMOMME ion Kim ices ltee,art Fitt Vera Heritage Grove Subdivision— AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001 PAGE 21 EXHIBIT S. Proposed Open Space Exhibit (dated: 01/20/14) OPEN SPACE LOTS GRASS STRIPS 44.1M A�QWED r..4r.+-- 4 — t. q VL" LOT MEA I mkmta ll�EA a, CA.S wr mwm Was 3-5 a, X 15 97 ir 351 7 672 , — .., —11 — 1-1. 11776 4< X 707 Lr i 2 14M �Na 14M a, Ca -ss SUP rROT114 m�-JECM I 5 ces .0 M a, CPA." STHP MGM, suwatmws 7 X IC4 LF go N 12 6010 1� I.G 1905 a, G�s SIM? mo",(t SLVI b 110 V M 2 3 10 1�65 10. CIAsl MP rWOND iw (44 IF "401 111jill 13 r10 i� 4 6 31P.n 1.0 31062 �,,jj 1 58 [ U 31, 6 10 WI — j 24M7 015 R12218 7 1857 1.0 1867 SUMMARY 4 6 22 2333 L0 4— 6 24 1351 1.0 1228 7 6 1 1 4 3 2 59, 6 33 1994 -a- I 1594 j$121 j$121 j6121 3o)2 6,16 0 1 E47 110 .11 cot 10 1 SU61.11L - LANVS�M H 1 47'x'�, — - GO',., �'i 6JU2 WX I . '.. I 1114 112 'L Rl a;ll. (21.11 AMM E45 5951-TZ12 1 10, 1 1.0 �Trll 12. 945 N lOTs 151% 41 EI FL 6 57x2 4 2e,5 s pol W 326 20, 1 35 !2 6P b126 '029 10 81 00K 7 3716 4716 1176 4031 Jr T E. 4sla � 20' j27 gz J582 L3, 112 "'T 28 5 < 4936 Lr-GEND Jest ip W Cclx� VOCNILX 13 2 9 is— z it 10 7 0 26 joe 0 (2) WITT Cf WAY 0 50 Ino 200 1 698 ,256 tor tr� [srl SCPLEt1*=IW 1 0 00 MIDU AWA VUSE LaT '65t;t. 6121 J, 21 5 CVAVrU MFA LS LOT 7234 r 544 d OK in NCP CE ST u mmq� mm Lor I I -T ows sm� I F-' 0 21 I 20 I 19 I 18 11 16 1 is 14 13 V 0 46 6745 1 17 6144 5141 574 671157,1 t,27 E USTICK R Heritage Grove Subdivision —AZ-14-003;PUD-14-001;PP-14-001 and MDA -14-001 PAGE 21 EXHIBIT A 6. Proposed Amenities Cconcsptud dubhouse communfty Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 22 EXHIBIT A Typical Picnic Area Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 23 EXHIBIT A 7. Proposed Building Elevations and List of Proposed Design Features Heritage Grove will be an interesting and livable neighborhood of lasting value. We will achieve this through Uie use of a variety.oi traditional neighborlood design elements including colors, textures, materials, architectural styles; roof pitch, placement of living -space near sidewalks, and through artful landscaping; some other elements we will draw from include, but:not be limited to, masonry (stone, brick, or stucco), board and batten, cottage lap, plank, shingle siding, varied rooflines, as well pop -Outs and breaks.in elevations and porches. Our plan is in compliance with the design principles outlined in Meridian's Residential Design Guidelines, The following photos provide a sampling of our vision. usj.. _ .. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 24 This Lot Fit Map is representative and conceptual in nature. House footprints and / -�--s®t-baek- wilF-vaFy--f�e►ese---d®gist®d-hers.—'Ft►is-is-not-the---eft'icial--landscape---plan Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 25 EXHIBIT A Materials design elements that will help us achieve the unlaue neighborhood we envision include: Variety of textures Warm palette of Colors Covered porches Courtyards (side and front) Balcony Corbels Brick Stucco Stone Board and batten Shutters Trellis Double step fascia Cottage lap, Lap, Shake Siding Arched windows Dormer windows Transom windows Bay windows Columns Dentils Exposed Rafters Gables roof Hipped roof Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 26 EXHIBIT A EXHIBIT B — CONDITONS OF APPROVAL 1. PLANNING DI';PARTAIENT 1.1 Annexation Comments 1,1.1 A new development agreement (DA) replacing existing DA #108065962 is required as part of the project approval, Prior to the annexation ordinance approval, a new DA shall be entered into between the City of Meridian and the property owners at the time of annexation adoption. 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 annexation approval, The DA shall, at minimum, incorporate the following provisions; A. The applicant shall comply with the submitted home elevations and design features attached in Exhibit A.7. A mix of materials and architectural details as represented in the 'attached elevations shall be incorporated on the rear facades that face E. Ustick Road and N. Locust Grove Road (Lots 3-21, Block 6), B. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. C. The landscape buffers adjacent to E. Ustick Road and N. Locust Grove Road, excluding the Trail property, shall be constructed as shown on the submitted landscape plan with the first phase of development. D. The applicant shall comply with all City ordinances in effect at the time of final plat submittal. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat shall be revised as follows: a. Lot 25, Block 6 must be included as a lot and block with the first second phase of development. b. The street buffer on Lot 25, Block 6 may be in an easement rather than a common lot. An alternative compliance application must be submitted with the first second final plat application. c. Direct lot access shall be prohibited to E. Ustick Road and N. Locust Grove Road in accord with UDC 11-3A-3. With the fast second phase of development, access for Lot 25, Block 6 shall be provided internally within the subdivision via E. Spring Place Street. Lot 23, Block 6 shall be incorporated as part of the Lot 25, Block 6 so the lot has frontage on the IocaI street. d. As testified and agreed to by the applicant at the public hearing; Lots 26-35, Block 6 shall be restricted to single story homes. A note shall be added to the final plat identifying the single story restriction on the specified lots. 1.2.2 The landscape plan attached in Exhibit A.4 is approved as follows: a, The applicant shall substantially comply with the open space exhibit attached in Exhibit A.S. b. The landscape plan shall be revised to include 25 -foot wide street buffer along the front of Lot 25, Block 6 that complements the street buffer along E. Ustick Road. c, The applicant shall substantial comply with the submitted landscape plan attached as Exhibit A.4. The applicant shall comply with proposed open space and site amenities represented on the submitted landscape plan, Details of #joa pienie aveas and the ,.l,,b house shall be Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 27 EXHIBIT A provided Prior to to � ssionheafiw- The applicant shall construct the picnic areas and clubhouse as proposed in Exhibit A.6. d. All fencing shall be installed in accordance with UDC 11-3A-7. Per UDC 11-3A-7A7a, the applicant is responsible for fencing micropaths to distinguish the common areas from the private areas. Where the buildable lots abut internal common lots fencing must either be 4 - foot solid or 6 -foot open vision. A detailed fencing plan must be submitted with each final plat application. e. Per UDC 11-3B-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. Submit a revised landscape plan that depicts the number of trees proposed to be planted on the traditional lots. f. Landscape the center median in E. Heritage Grove Drive as proposed and enter into a license agreement with ACRD. g. All micropath lots shall be constructed in accord with the standards set forth in UDC 11-3A-8 and UDC 11-3B-12. h. The pond proposed within Lot 2, Block 1 must comply with the standards set forth in UDC 11 -3G -3G -3B.8. i. Install the landscape buffers adjacent arterials streets as proposed. 1.2.3 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 left open as a water amenity or linear open space in accord with UDC 11 -3A -6A.2. 1.2.4 Provide the stub streets and internal street network as proposed on the plat. 1.2.5 Comply with all ACRD conditions of approval. 1.2.6 With the first phase of the final plat, the applicant must remove the any existing structures on parcel 50531449315 and abandon any existing wells and septic systems prior to City Engineer's signature on a final plat. 1.2.7 Once the existing dwellings on Lot 25, Block 6 no longer have access to E. Ustick Road with the secondPhase; the property owner shall coordinate with the City's Addressing Specialist and obtain a new street address from one of the adjacent local streets. 1.3 Planned Unit Development - Site Specific Conditions of Approval 1.3.1 All comments and conditions of the accompanying Annexation and Zoning (AZ -14-001) application, associated Development Agreement and Preliminary Plat (PP -14-001) shall also be considered conditions of the Planned Unit Development (PUD -14-001). 1.3.2 All structures shall substantially comply with the building elevations and design materials submitted with this application included in Exhibit A.7 and approved with this application. Further, the structures placed on the alley loaded lots shall provide variation in front setbacks adjacent to the streets as represented by the exhibit attached in Exhibit A.7. This condition is intended to avoid having all homes on the same plain along the adjacent sheets. 1.3.3 All alley loaded lots and mew lots shall be subject to the setbacks approved with the PUD as follows: Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 28 EXHIBIT A Heritage Grove Proposed Setbacks *Measured from back of sidewalk **Measured from the property line Street setback* Living 5' Garage NA Alley and Mew setback** Mew 5' Living 2' Garage 2' Side setback 5' Rear setback NA 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the R-15 zoning district listed in UDC 11-2A-7, except as allowed under the planned unit development, 1.4.2 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.4,3 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, 1.4.4 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.4,5 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.4.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. The 20' X 20' parking pads are not required in front of the garages of the alley and mew lots. 1.4.7 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C, 1.4.8 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11 -3G -3B5 and 11-313-7C, 1.4,9 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to alleys, driveways, easements, blocks, street buffers, and mailbox placement, 1.4.10 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle, 1.5 Ongoing Conditions of Approval 1.5,1 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 11-313-13 and UDC 11-313-14. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 29 EXHIBIT A 1.5.2 All common open space and site amenities shall be maintained by an owner's association as set forth in UDC 11 -3G -3F1. 1.5.3 The project is subject to all current City of Meridian ordinances. Staff s failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.5.4 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. 1.5.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.5.6 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. 1.6 Process Conditions of Approval 1.6.1 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. 1.6.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC I I -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C, 1.6.3 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plats as set forth in UDC 11 -6B -3C2, 1.6.4 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years or 2) gain approval of a time extension as set forth in UDC 11-6B-7. 1.6.5 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. 1.6.6 Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 2. PUBLIC WORDS DEPARTMENT 2.1 SITE SPEciFic CONDITIONS Or APPROVAL 2.1.1 The current design location of the sanitary sewer and water mains across the Block 4, and Block 12 Mews does not comply with Meridian Public Works Standards. Specifically there would need to be a 14 -foot wide all weather gravel road over the utilities per Standard Drawing No. G2. Alternatively the applicant shall relocate the storm drainage facilities that are currently show in the alleys to the Mews, and relocate the water mains to the alleys. The Public Works Department is agreeable to this arrangement as long as no manholes are located within the Mews. 2.1.2 Due to the redevelopment potential of Lot 25, Block 6, the applicant shall be required to extend an 8 -inch diameter sanitary sewer main stub in E. Springplace St. to the boundary of Lot 25, Block 6. This stub can terminate with a t -type cleanout. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 30 EXHIBIT A 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 (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. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 31 EXHIBIT A 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 engincer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project, 2.2,20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense, Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights, Street 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 ears, 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. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 32 M:�:7 C �III_1 3. POLICE DEPARTMENT 3.1 The Police Department has no concerns related to this application, 4. FIRE DEPARTMENT 4.1 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. 4.2 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. 4.3 All entrance, internal roads and alleys shall have a turning radius of 28' inside and 48' outside radius, 4.4 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 1FC 10-4-2J. 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 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. S. REPUBLIC SERVICES 5.1 The Republic Services has no concerns related to this application, 6. PARIcS DEPARTMENT 6.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-313-10, 7. ADA COUNTY HIGII\vAy DISTRICT 7.1. SITE SPECITIC COMMENTS 7.1.1 Provide $3,700 for the redesign costs associated with the modifications to ACHD's Ustick/Locust Grove intersection project. 7.1.2 Provide a permanent right-of-way easement for the 5 -foot wide detached concrete sidewalks located 10 -feet from the back of curb on Ustick and Locust Grove Roads. 7.1,3 Construct, Heritage Grove, onto Locust Grove Road located 125 -feet south of Summerheights Drive and 640 -feet north of Ustick Road, as proposed, Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 33 EXHIBIT A 7.1.4 Construct the entry roadway, Heritage Grove Drive, with one 21 -foot travel lane, one 24 -foot wide travel lane, an 8 -foot wide center land scape median vertical curb, glitter, an 8 -foot wide planter strips, and 5 -foot wide detached concrete sidewalk within 67 -feet of right-of-way, as proposed. Plat the center landscape island as right-of-way owned by ACHD. The applicant or the home owners associate shall apply for a license agreement if landscaping is propose within the median. 7.1.5 Construct the internal local streets as standard 36 -foot wide roadways with rolled curb, gutter, and 5 -foot wide attached concrete sidewalks on one side of the street; and an 8 -foot wide landscape strip with 5 -foot wide detached concrete sidewalk on the other side of the street; within 50 -feet of right-of-way. Provide an easement for the detached sidewalk. 7.1.6 Provide a permanent right-of-way easement for the detached sidewalks proposed on the internal local streets. 7.1.7 The 90 -foot offset between north and south segments of Heritage View Way at Prairefire Street is approved, as proposed. 7.1.8 If the City of Meridian approves the proposal for the alleys and the applicant is able to provide written approval from the Meridian Fire Department and Ada County Emergency service providers that they approve of the alley design and are able to access the lot without public street frontage;and the applicant and City of Meridian are able to find a solution to addressing those lots, then construct four 20 -foot wide east/west alleys public alleys within the site. 7.1.9 If the applicant is unable to resolve the addressing issue and provide written approval from both emergency service providers then, the applicant should make one of the following modifications to their site plan: a. Reconfigure the lots that are proposed to front on the mew to provide public street (not just alley) frontage; b. Redesign the alleys to be private; Or c. Redesign the alleys to be 24 -foot wide minor local streets, without sidewalks. 7.1.10 Construct one stub street to the east, Prairefire Street, located approximately 130 -feet south of the north property line, as proposed. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.11 Construct one stub street to the west, Prairefire Street, located approximately 130 -feet south of the north property line, as proposed. Install a sign at the terminus of the stub streets stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE." 7.1.12 Other than the access specifically approved with this application, direct lot access is prohibited to Ustick and Locust Grove Roads and shall be noted on the final plat. 7.1.13. Payment of impacts fees are due prior to issuance of a building permit. 7.14 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 ACRD roadway or right-of-way. Heritage Grove Subdivision— AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 34 EXHIBIT A 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 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 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. 7.2.11 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 future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 35 EXHIBIT A C. Legal Description and Exhibit Map for the Annexation ANNEXATION DESCRIPTION A parcel located in the SF Y4 of the SE'/ of Section 31 jownship 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a brass cap nlonunlent marking the southeasterly corner of said SE 1/4 of the SE 'A from which a 5/8 inch diameter iron pin marking the southwesterly corder of the SR 1/4 ofsaid Section 31; Thence N 89147'06' W along the southerly boundnry of said SE '/ of the SE '/ a distance of 662.30 feet to the POINT OF BEGINNING; Thence conthuting N 89047'06" W a distance of 97.711 feet to a point on lite extension of the easterly boundary of IVANDA'S dIRWOYV SUBDIVISION as shown in Boole 82 of Plats at Page 9035 in the office of the Recorder, Ada County, Idaho; Thence along said easterly boundary the following described coarses: Thence leaving said southerly boundary N 0108'14" E a distnneo of 155.59 feet to it 5/8 inch diameter Iron pin; ThenceN 8040'34" E a distance of 42.72 feet to a 5/8 inch diameter iron pin; Thence N 0123124" E a distance of 416.15 feet to a 5/8 inch diameter Iron pin marking rite northeasterly corner of said R4NOWS MEADOW SUBDIVISION; Thence leaving said easterly boundary N 89147'06" W along the northerly boundary of said IVANDII'S MMDOIV SUBDIVISION a distance of 567.58 feet to it 5/8 inch diameter Iron pin marling the northwesterly corner of said RANDA'S MEADOW* SUBDITINION said point also being on the westerly boundary of said SE % of the SE %; '!'hence leaving said northerly boundary N 0137'07" E along said westerly boundary n distance of 9.84 feet to a point; Thence leaving sold westerly boundary S 89146116" L n distance of 661.76 feet to n point; Thence S 0034'10" W a distance of 623.68 feet to the POINT OI' BEGINNING. This parcel contains 1.49 feet and is snb)ect to ally ensements existing or In use. Prepared by; Glenn K. Bennett, PLS Civil SurToy Consultants, Incorporated January 21, 2014 Heritage Grove Subdivision— AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 36 EXHIBIT A PRD O 0 614.01'Ij o+ � by b O O ! o q h) 4 tri p �c � d Y£L101V PEAK Z AV£NUC l4" E 15 5J' N 02324' E 416.15 W 149AORES °V S 0'34'10" {Y Heritage Grove Subdivision-- AZ -14.003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 37 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 and zone approximately 1.49 acres of the subject property to the R-15 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR FLUM designation for this property. 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 of and 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 deliveryof services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds the annexation of these properties with the R-15 zoning district is in the best interest of the City if the applicant enters into a new development agreement and adheres to the recommended development agreement provisions in Exhibit B. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: a. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, transportation, and circulation. Please see Comprehensive Plan Policies and Goals, Section VII, of the Staff Report ,for more information. b. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that public services will be provided to the subject property upon development. (See Exhibit B of the Staff Report for more details from public service Heritage Grove Subdivision—AZ-14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 38 EXHIBIT A providers.) c. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, the Council finds that the subdivision will not require the expenditure of capital improvement funds. d. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., Police, Fire, ACRD, etc.) to determine this finding. (See Exhibit B for more detail.) e. The development will not be detrimental to the public health, safety or general welfare; and The Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACRD consider road safety issues in their analysis. The Council considered all 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 referenced 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. 3. Planned Unit Development Findings; In order to grant a planned unit development request, the Council shall make the following findings: a. The planned unit development demonstrates exceptional high quality in site design through the provision of cohesive, continuous, visually related and functionally linked patterns of development, street and pathway layout, and building design. The Council finds that the proposed PUD demonstrates high quality site design which incorporates shorter block lengths, higher density, varied front setbacks, attractive streetscape and increased useable open space not typically seen in many traditional subdivisions. b. The planned unit development preserves the significant natural, scenic and/or historic features. The Council finds the design of the PUD preserves a historic feature on this site by preserving the heritage of the Johnson Family that has farmed the property for over 50 years by placing a monument paying homage to the Johnson family in the larger mew lot. c. The arrangement of uses and/or structures in the development does not cause damage, hazard, or nuisance to persons or property in tine vicinity. The Council finds that this development as proposed should not cause damage, hazard, or nuisance to persons or property in this vicinity. The Council relied upon comments from the public to determine this finding. d. The internal street, bike and pedestrian circulation system is designed for the Heritage Grove Subdivision— AZ -14-003; PUD -14001; PP -14-001 and MDA -14-001 PAGE 39 EXHIBIT A efficient and safe flow of vehicles, bicyclists and pedestrians without having a disruptive influence upon the activities and functions contained within the development, nor place and undue burden upon existing transportation and other public services in the surrounding area. The Council finds that the proposed pathway system and sidewalks within the development are designed to provide recreational access to amenities and uses within the subdivision without conflicting with vehicular traffic. e. Community facilities, such as a park, recreational, and dedicated open space areas are functionally related and accessible to all dwelling units via pedestrian and/or bicycle pathways. The Council finds that the mew lots will provide recreational opportunities that are accessible by the Riture residents via numerous walkways. f. The proposal complies with the density and use standards requirements in accord with Chapter 2, "District Regulations", of this title. The Council finds the proposed development complies with the density and uses allowed in the R-15 zoning district. g. The amenities provided are appropriate in number and scale to the proposed development. The Council finds the chub house; the picnic areas and the additional 5 percent open space are adequate to serve the proposed development. h. The planned unit development is in conformance with the comprehensive plan. The Council finds the proposed development is in conformance with the comprehensive plan. Please see Comprehensh,e Plan Policies and Goals, Section V11, of the Staff Report for more information. Heritage Grove Subdivision — AZ -14-003; PUD -14-001; PP -14-001 and MDA -14-001 PAGE 40 DATE: May 27, 2014 ITEM NUMBER: 5 PROJECTu : FP 1-020 ITEM TITLE: KNIGHTHILL CENTER Final Order for Approval: 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 WEETIVGNOTES 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 KNIGHTHILL CENTER SUBDIVISION CONSISTING OF 5COMMERCIAL BUILDING LOTS ON 9.11 ACRES OF LAND IN AN C- G ZONING DISTRICT BY: JAMES WYLIE APPLICANT HEARING DATE: MAY 21, 2014 CASE NO. FP -14-020 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT This matter coming before the City Council on May 21, 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 KNIGHTHILL CENTER SUBDIVISION, LOCATED IN NE/40F SECTION 26, TAN., R.1 W., B.M., MERIDIAN, ADA COUNTY, IDAHO, 2014, DATED: 03/26/14, DARIN HOLZHEY, 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 KNIGHTHILLCENTER SUBDIVISION (FP -14-020) Page 1 of 3 Development Services Division of the Community Development Department dated May 21, 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 Stanfield, 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 Cleric 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 KNIGHTHILLCENTER SUBDIVISION (FP -14-020) 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 �-:tday of _ , 2014. Attest: JayceeGolman City Clerk By: Tammy d- eerd Mayor, City of Meridian City of Si 2 Copy served upon the Applicant, Planning Department, Public Works Department, and City Attorney. B Dated: J ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR KNIGHTHILLCENTER SUBDIVISION (FP -14-020) Page 3 of 3 STAFF REPORT Hearing Date: TO: FROM: EXHIBIT A May 21, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 CA :�UEIDS 5;=, Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: FP -14-020 — Knighthill Center I. APPLICATION SUMMARY The applicant has applied for approval of a final plat consisting of 5 commercial lots on approximately 9. 11 acres of land in the C -G zoning district. II. STAFF RECOMMENDATION Staff recommends approval of the proposed final plat subject to the conditions noted in Sections VI and VII below. These conditions shall be considered in frill, unless expressly modified or deleted by motion of the City Council. III. PROPOSED MOTION Approval I move to approve File Number FP -14-020 as presented in the staff report for the hearing date of May 21, 2014, with the following modifications: (Add any proposed modifications.) Denial I move to deny File Number FP -14-020 as presented during the hearing on May 21, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number FP -14-020 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located on the southwest corner of W. Chinden Boulevard and N. Linder Road in NE 1/4 of Section 26, Township 4 North, Range 1 West. (Parcel #SO426110057) B. Owner: James Wylie 1676 N. Clarendon Way Eagle, Idaho 83616 C. Applicant: Scott Stanfield, Mason & Stanfield Inc. 826 3rd Street South Nampa, Idaho 83651 Knighthill Center — FP -14-020 PAGE 1 EXHIBIT A V. STAFF ANALYSIS The proposed final plat depicts five (5) commercial lots on 9.11 acres of land in the C -G zoning district. The only landscaping required with the development are the 35 -foot wide landscape buffers adjacent to Linder Road and Chinden Boulevard. The submitted final plat depicts the 35 -foot wide landscape buffer along Chinden Boulevard and Linder Road as an easement rather than a common lot as approved with the preliminary plat. Because the number of commercial buildable lots is the same and the UDC (UDC 11-3B-7C.2b.) allows the landscape buffer to be dedicated as a permanent easement, staff finds the final plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-3C.2. VI. SITE SPECIFIC CONDITIONS Applicant shall meet all terms of the approved preliminary plat (PP -13-031) and recorded development agreement (Instrument No. 114014784) for this subdivision. 2. The applicant has until February 4, 2016, to obtain City Engineer's signature on the final plat or apply for a time extension in accord with UDC 11-6B-7. Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. Revise the notes on the face of the plat prepared by Mason & Stanfield Inc., stamped by Darin Holzhey on March 26, 2014, prior to signature on the final plat by the City Engineer, as follows: • Add a note that references the recorded development agreement (Instrument #114014784). • Note #1: Insert the instrument number and provide a copy of the recorded cross access/shared parking agreement. • Note #8: Insert the instrument number. • Revise Note #10 to include the recording instillment number for the sanitary sewer and water easement. (See General Requirement #19) • Add a note to the plat that states the responsible party for the maintenance of the 35 -foot wide landscape buffer easement across Lots 1, 3, 4, 5, Block 1. All street buffers shall be maintained by the property owner or business owner's association as set forth in UDC 11- 3B-7C.2b. 5. The applicant shall submit submitted landscape plan prepared by a landscape architect with the following changes: • Any fencing proposed for the site shall be installed in accordance with UDC 11-3A-7. • Construct a 35 -foot wide landscape buffer along Linder Road and Chinden Boulevard. These buffers shall be designed to include a mix of trees, lawn, shrubs and other vegetative groundcover in accordance with the standards listed in UDC 11 -3B -7C. The landscape buffer must be designed to complement the surrounding developments. • Construct a10 -foot wide multi -use pathway along W. Chinden Boulevard in accord with UDC 11 -3H -4C.4. The pathway shall terminate at the Chinden/Linder intersection. Prior to signature on the final plat, a public pedestrian easement for the multi -use pathway along Chinden Boulevard shall be submitted to the Planning Division of the Community Development Department, approved by the City Council and recorded. • If the unimproved street right-of-way along W. Chinden Boulevard and N. Linder Road is 10 feet or greater from the edge of pavement to edge of sidewalk or property line, and street Knighthill Center — FP -14-020 PAGE 2 EXHIBIT A widening project is not in the transportation authority's five year funded plan, the developer is required to maintain 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 -3B -7C.5. o 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. Provide two (2) frill size copies of landscape plan with the aforementioned changes prior to obtaining City Engineer's signature on the final plat. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information. 7. Staff's failure to cite specific ordinance provisions or conditions from the preliminary plat does not relieve the applicant of responsibility for compliance. 8. Temporary construction fencing to contain debris shall be installed at the subdivision boundary prior to release of building permits for this subdivision. The applicant shall record the final plat and obtain the Planning Division's approval of a certificate of zoning compliance and design review application prior to the issuance of a building permit. 10. Prior to signature on the final plat, the applicant must provide written documentation that ITD has accepted the dedicated Chinden Boulevard right of way (ROW). 11. The applicant shall comply with all ITD's road improvement standards for the construction of the right-in/right-out access to Chinden Boulevard. 12. The applicant shall provide a looped water system through the project site from the existing main in W. Everest Lane to the main the existing driveway near the southeast corner of the site. 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. 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. 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. Knighthill Center — FP -14-020 PAGE 3 EXHIBIT A 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, 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 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 Knighthill Center — FP -14-020 PAGE 4 EXHIBIT A 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 proposes. 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. VIII. EXHIBITS A. Vicinity Map B. Approved Preliminary Plat (PP -13-031) C. Proposed Final Plat D. Proposed Landscape Plan Knighthill Center — FP -14-020 PAGE 5 EXHIBIT A Exhibit A — Vicinity Map Vicinity Map ANIL o 0.125 o.2Miles Legend ��1 wvarious The information shown on this map is compiled from sources and is subject to constant revision. The City no Area of Impact + , 1 Ln R JT 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 infommtion contained on this mop. C-CRUT W Chind Blvd RUT j NI l\ �V C C = C -C \ t R JT - ��.t uyr c eaarcir4Ye �r , J W 99dbrI )rcly" FT IT" X111 Print Date: $1612014 Knighthill Center — FP -14-020 PAGE 6 EXHIBIT A Exhibit B — Approved Preliminary Plat (PP -13-031) KNIOHTHILL CENTER BUSDIVISION PRELIMINARY PLAT A PMT OF THE RE 1/I HE 1/4, SEC)TQY 2& L f N., CIh Q"I/ERWT gOADA OGVNri,I N m.a..v on , ,., � �J-•—•---•— ".'—"y ---- —•--. . ttrar —� �1 1, , aT ^� 14, F • r -321£J ':: .SM raun �� � l- � I ({ J� uttss f2Yvl wt 4' fX:i{'J 2¢.W [oi v1X /Y � I C, Cu. ��� ��tl. Y •+a av¢c-tD m r t Fh IM N Ymi+.Y rt%dtuvMw:i LL H'fD�v �hmM 4Na,. I y ••, •. cw ra, — 2 .� rte' {� I ^—•—_ � �,� I i I z Knighthill Center — FP -14-020 PAGE 7 EXHIBIT A Exhibit C — Proposed Final Plat KNIGHTHILL CENTER SUBD1V1S10N A PART OF THE NE 1/4 NE 1/4, SEcVON 26, r 4 N., R. 1 W., B.M., C1TY OF MER mm ADA COUNTY, 1DAH0 2014 W. rwwrsr Lox (FFP LOOMAFALLSSUMOSIONNO, It i BOOK 9f PAG£ 10774 61 A— rte sore r.ay LEOENO x/P<pt•3 c<p GLS 9154 Lot 1 Nn NOTE$ nRr'' o4Lis m�.rr�.i,•3rcssa f.c a w -:.-u a�.•r n..s zus` nspw�n-Kn wa rl rrv.r.-sro • _�svp rs eu urs+urtti aw ncr>„x. Lf,f mac« n zeta u n rvc .nm. 9:o„r na it [-viaz�a'�e .�i�.a <v vu utun < n u+ci'.�:i urmra,eawr . .a r n a0.vY rc < rv„ n-raca>;. c•sc„ rs M. t m: renn�rca, a itt crop it.r utR.�+.x �:ui. .0 � n G^s•+^N Ga, rm• xu � 1 .•fc rw� iFi<+ufT+ watirJ!.uvG: mai<vrt ✓esti r,� (,r.>r �Fa[.T K�.32ia%�,s'Y UO Nfrei+Ri,iY.v iTx w rtfn vnrev fi Ur ,o! T.<a.d w N<;tavc uw ,2a» Kc Ura>CFa) t f 0.vw � ut'aLY,! . rtu. �nm.'a VrvYlrr -flG+ C«flF.T tucrol E^Pntu taniicid.„ 1'11.11=-�p4 Je01fJ001 01125/14 SHEET i of 3 Knighthill Center — FP -14-020 PAGE 8 EXHIBIT A Exhibit D. — Proposed Landscape Plan KNIQHTHILL CENTER SL NDMSIG N LANo6f3APH PLAN I 4 3 I an vu x.t Ao taxi muw s* IM `. OGGDVOU9IN[E PLANIWO � rsq..N lra1 r ivw V� 4 n e MM L-- rso.x mz N<owaeo��scAw� �? � c-ss5iwtzvauspr,va ?a wssEt � Knighthill Center — FP -14-020 PAGE 9 Bill Parsons From: Scott Stanfield <sstanfield@mseng.us> Sent: Monday, May 19, 2014 5:09 PM To: Bill Parsons Cc: Renwylie@aol.com Subject: Knighthill fp 14-10-20 Bill, we reviewed the recommended conditions of plat approval we will comply with said conditions. If possible, please keep us on the agenda tomorrow evening. DATE: Mav 27, 2014 ITEM NUMBER: 5F Professional Services Agreement with Trauma Intervention Programs, Inc. ("TIP") for an amount not to exceed $9,766.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. This PROFESSIONAL SERVICES AGREEMENT WITH TRAUMA INTERVENTION PROGRAMS, INC. ("Agreement") is made this day of , 2014 ("Effective Date") between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") and Trauma Intervention Programs, Inc., a nonprofit organization organized under the laws of the State of California ("TIP") (collectively, "Parties"). WHEREAS, the Meridian Police Department desires the services offered by TIP as described in Exhibit A hereto, including provision of comprehensive emotional and practical support services, on an as -needed basis, to victims of emergency situations and traumatic events; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. STATEMENT OF WORK. Pursuant to the terms and conditions of this Agreement, TIP shall provide the following services: A. Immediately upon receipt of payment by City, TIP shall establish an affiliate branch of TIP within Ada County, Idaho in order to provide the services enumerated herein within Meridian, Idaho. Throughout the term of this Agreement, TIP shall provide all personnel, volunteers, supplies, and equipment necessary to accomplish TIP's obligations under this Agreement. B. By November 30, 2014, TIP shall complete a Volunteer Training Academy, select and train a local crisis team manager, and train local emergency personnel on TIP and how to utilize TIP's services. A. By January 1, 2015, TIP personnel shall be available, twenty-four hours a day, to provide on -scene emotional and practical support services to victims of emergency situations and traumatic events ("clients"), upon request or referral by City personnel. Such support services shall include, but shall not be limited to: on -scene emotional support and/or counseling; arrangements for clean-up services; notification to family, friends and others as directed or needed by client; providing information and referrals to follow-up support services; and at least one follow-up contact. TIP shall make available to City sufficient information to enable City personnel to contact the appropriate local TIP volunteer at any time, including phone numbers and names of all TIP volunteers and supervisors on call. City's use of TIP shall be in the sole discretion of City and City personnel. TIP agrees that the City may decline TIP services at any time, even if initially called out by City, at City's sole discretion. II. STANDARD OF PERFORMANCE. TIP'S practices and provision of services shall comport with the provisions of TIP's Articles of Incorporation and Bylaws, attached hereto as Exhibit B. TIP and each and all of TIP's agents, employees, and volunteers, shall be fully qualified to, and shall, perform these services and all components thereof in accordance with generally accepted industry standards and practices. Neither TIP nor any byproduct or component of its activities shall in any way harm or endanger the health, safety, and/or welfare of TIP agents, employees, or volunteers; any member of the public and/or City personnel. PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 1 III. TERM. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2015, unless earlier terminated or extended in the manner as set forth in this Agreement. IV. PAYMENT. Within thirty (30) days of receipt of invoice; completed W-9 form; proof of insurance as required by this Agreement; and execution of agreements with City of Eagle, City of Garden City, City of Kuna, City of Meridian, City of Star, and Ada County Sheriff's Office, City shall pay TIP a maximum amount of nine thousand seven hundred and sixty-six dollars ($9,766.00) for the services to be performed hereunder. It is understood by the Parties that this amount represents twelve cents per City resident (i.e. 209,700 persons times 00.12 cents per capita). City shall not withhold any federal or state income taxes from any payment made by City to TIP under this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of TIP. V. GENERAL PROVISIONS. A. INDEMNIFICATION. TIP shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by TIP, its servants, agents employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. TIP acknowledges that the provision of services to City as described in this Agreement carries risks, some of which are unknown, and TIP does assume all known and unknown risks and hazards of providing services as described in this Agreement. B. INSURANCE. TIP shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement: 1. Liability insurance, in which the City shall be named an additional insured in the minimum amount of one million dollars ($1,000,000), or the maximum amount specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code, whichever is higher. 2. Automobile insurance with a limit of no less than one million dollars ($1,000,000) per occurrence for owned, non -owned and hired vehicles. If TIP has no owned motor vehicles, then hired and non -owned motor vehicle liability coverage with limits not less than one million ($1,000,000) per accident for bodily injury and property damage is required. Where applicable, the City of Meridian shall be named as an additional insured. 3. Workers Compensation coverage in the amount required by Idaho law. The limits of TIP's insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City. If City becomes liable for an amount in excess of the insurance limits herein specified, TIP covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. TIP shall provide City with proof of insurance as required by this Agreement. In the event the insurance minimums are changed, TIP shall immediately submit proof of compliance with the changed limits. TIP acknowledges that City shall not provide for TIP, or for its agents, employees, or volunteers, any insurance or coverage of any kind, whether financial, medical, or otherwise, for any accidents, injuries, illnesses, losses, or damages that result during or arise out of the services provided under this Agreement and/or any activity related thereto. C. INDEPENDENT CONTRACTOR. In all matters pertaining to this Agreement, TIP shall be acting as an independent contractor, and neither TIP, nor any officer, employee or agent of TIP, will be PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 2 deemed an employee of or volunteer for City. The selection and designation of City personnel in the performance of this Agreement shall be made by the City. TIP understands, acknowledges, and agrees that TIP is free from actual and potential control by City in the provision of services under this Agreement. Specifically, without limitation: 1. TIP is engaged in an independently established trade, occupation, profession, or business. 2. TIP has the authority to hire or engage subordinates. 3. TIP owns and/or will provide all major items of equipment necessary to perform services under this Agreement. D. NO AGENCY. It is understood and agreed TIP is not, and shall not be considered, an agent of City in any manner or for any purpose whatsoever in any activity undertaken pursuant to this Agreement. TIP shall have no authority or responsibility to exercise any rights or power vested in City. E. PROPRIETARY RIGHTS. TIP is the sole and exclusive owner of all proprietary and other property rights and interests in and to the trade names and/or trademarks "Trauma Intervention Programs," "TIP, Inc.," "TIP," and all other trademarks and service marks used in connection with the TIP program, including but not limited to all those trademarks, service marks, slogans, logos, and rights residing in the banners, brochures, business cards, and letterheads by which groups licensed to adopt and use said names and marks and products therefrom are known and identified. Except as otherwise provided in the Idaho Public Records Act or other applicable law, TIP is the sole and exclusive owner of all materials used to operate the TIP Program in the City of Meridian. These materials include but are not limited to the Operations Manual, Volunteer Training Manual and Trainers Manual. Upon termination of this Agreement, City agrees to immediately return all manuals and materials to TIP. F. CONFIDENTIALITY. Neither TIP nor its volunteers shall use information gained in the course of provision of services under this Agreement for any purpose other than fulfillment of its obligations hereunder. TIP and TIP personnel shall, at all times during the term of this Agreement and thereafter, hold in strictest confidence, and shall not use or disclose to any person, firm or corporation, for any purpose whatsoever, any confidential information shared with or become known to TIP in the course of providing services under this Agreement, except as required by law or court order. This provision and the obligations inuring to TIP hereunder shall survive the termination or expiration of this Agreement. G. NOTICES. Any and all notices required to be given by either of party hereto shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City: TIP: Meridian Police Department Trauma Intervention Programs, Inc. Attn: Chief of Police 1420 Phillips Street 1401 E. Watertower Vista CA 92083 Meridian ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. H. ATTORNEY FEES. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 3 This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination, or forfeiture of this Agreement. I. TIME IS OF THE ESSENCE. The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. J. ASSIGNMENT. It is expressly agreed and understood by the parties hereto, that TIP shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. K. DISCRIMINATION PROHIBITED. In performing the Services required herein, TIP shall not discriminate against any person on the basis of race, color, religion, sex, sexual orientation, gender identity/expression, national origin or ancestry, age or physical disability. L. REPORTS AND INFORMATION. At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. M. AUDITS AND INSPECTIONS. At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of TIP's records with respect to all matters covered by this Agreement. TIP shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. N. COMPLIANCE WITH LAWS. In performing the scope of services required hereunder, TIP shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. O. TERMINATION FOR CAUSE. If, through any cause, TIP shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if TIP shall violate any of the covenants, agreements, or stipulations of this Agreement, the City shall thereupon have the right to terminate this Agreement by giving written notice to TIP of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. If this Agreement is terminated for cause, TIP shall be entitled to just and equitable compensation for any work satisfactorily completed hereunder; City shall be entitled to a prorated portion of the amount paid for work not completed. This provision shall survive the termination of this agreement and shall not relieve TIP of its liability to the City for damages, provided that the amount of such damages shall not exceed the total compensation provided for in this agreement. P. TERMINATION FOR CONVENIENCE OF CITY. The City may terminate this Agreement at any time by giving at least fifteen (15) days notice in writing to TIP. If this Agreement is terminated for convenience of City, TIP shall be entitled to the amount actually paid by City. Q. NON -APPROPRIATION. Should funding become not available, due to lack of appropriation, the City may terminate this agreement upon fifteen (15) days notice. PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 4 -h A tom _ _ Sm _ will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. A + + --V +�., + a S. ENTIRE GREEMENT. This agreement contains 1,hc cn. ?c agrcc���cr _ .__ Yw.__s ».�� supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. T. APPLICABLE LAw. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Venue shall be in the courts of Ada County, Idaho. U. APPROVAL REQUIRED. This Agreement shall not become effective or binding until approved by the governing bodies of the City of Meridian, City of Eagle, City of Garden City, City of Kuna, City of Meridian, City of Star, and Ada County Sheriff's Office. V. EXHIBITS. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of 2014. TRAUMA INTERVENTION PROGRAMS, INC: STATE OF CALIFORNIA ) ss: County of ) I HEREBY CERTIFY that on this 1 (10 day of May, 2014, Wayne ortin, Chief Executive Officer before the undersigned, a Notary Public in the State of KELLY NANDA Commission # 1934268 m Notary Public - California z San Diego County My Comm, Expires Apr 29, 2015 CITY OF MERIDIAN: C California, personally appeared Wayne Fortin, proven to me to be the person who executed the said instrument, and acknowledged to me that Ahe executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official) seal, the day and year in this certificate first above written. Residing at ',� I X My Commission Expires: It:DA Tammy des eerd, Mayor f' � � o- TayceOHolman, City Clerk 1 ---- \.Si /,,L 7' California PROFESSIONAL SERVICES AGREEMENT- TRAUMA INTERVENTION SERVICES PAGE 5 1 �_ 1 , , PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 6 rauma Intervention Programs, Inc. (TIP Inc) FACT SUEET TIP Inc is a non profit 501 (c)(3) organization founded in San Diego County, CA, in 1985. Today, there are 15 regional Affiliates serving over 250 cities nationwide. If. Brief History • 1985 ..... TIP Inc founded in San Diego, CA. • 1991..... TIP Inc wins the prestigious Innovations in State and Local Government Award. • 1993-2013.. TIP Inc establishes 15 regional Chapters nationwide serving over 250 cities. • 2000 ..... TIP Inc awarded the Crime 'Victim Service Award, the highest federal honor for victim service organizations. III. Mission Statement: To provide immediate on scene support to survivors of tragic events. IV. The Problem Addressed: A. Survivors of tragic events have a tremendous need for compassionate support. B Emergency responders do not have the time to care :for those who are emotionally injured. C. Helping agencies are not available on a 24/7 basis. V. The Consequences A. The Second Injury • "We couldn't understand a word the doctor told us. " • "I will never forget the sight of them carrying my baby out like a football. " • "I had no idea what to tell the kids after their father killed himself, " B. Effect on the Emergency Response System • `7 hate leaving citizens in shock behind. " • "I was tied up at the scene because I waited until the family got there." V.I. The Solution: Citizen volunteers respond to emergency scenes to care for emotionally traumatized citizens. VII. Examples of TIP Clients VII. Examples of TIP Clients • Family members after the injury or death of a loved one. • Witnesses and bystanders on the scene of a tragic event. • Disoriented older persons who turn to public safety for non emergency assistance. • Drivers who accidentally injure or kill someone in a traffic accident. • Employees after a tragic accident in the workplace. • Survivors of a major transportation accident. • Survivors of a residential fire. • Children alone in the emergency department because of the injury or death of a parent. • Emotionally distraught patients who are alone in the hospital. • Patients dying alone. VIII. The TIP Model A. 24/7/364 B. 20 -minute response to any Iocation requested. C. Broad Brush approach D. Integrated into emergency system E. Use of citizen volunteers (55 hours of training/background checks) F. Multi agency/regional/cost effective IX. The Community Impact A. Traumatized citizens receive immediate support. 98% report TIP was "very helpful. " B. Victims with special needs receive support (seniors, children, people with disabilities...} C. Public Safety personnel have a resource which saves time and reduces stress. • "TIP released me from the scene"-- 89% • "TIP allowed me to concentrate on my job" — 92% • "TIP reduced my stress" — 96% X. TIP Volunteers A. All ages and backgrounds. B. 55 hours of training. C. Ongoing Continuing Education meetings. D. Background checks. E. On call 3, 12 -hours shifts monthly. F. "I get much more than Igive. " G. Become effective Citizen Helpers 2 XI. How TIP Works with ]existing Crisis Intervention Providers ® TIP Volunteers have a long history of working well as a team with Chaplains, Victim Witness Advocates and other providers + TIP Brings added value to the existing crisis response system by: ° Providing quick response (20 minutes or less). ° Providing 100% response to request for service. ° Responding to the "daily disaster" which may fall outside the scope of sei vice of other providers. • Responding to major critical incidents with other providers. ° Bringing specialized and comprehensive services to crisis scenes (bilingual service, comprehensive Resource Guide, teen volunteer, comfort dog.....). TIP offers comprehensive services which enhance the quality of TIP's services to clients. For example... ® TIP professional counselors, including a bilingual counselor, will counsel TIP clients at no cost for up to three sessions. ® TIP volunteers give TIP clients a comprehensive resource guide. 0 E TIP has a well trained critical incident response team. A large team of volunteers can be dispatched quickly to major incidents. TIP has a TIP Teen Program. Teen volunteers are able to provide peer support to teens who have been traumatized. TIP has volunteers who are bilingual and who can provide support services in the client's own language. TIP volunteers who can sign for deaf clients TIP has comfort dogs available for deployment in major incidents. TIP has an experienced school intervention team. 4 #1. TIP enables cities to offer support to their residents at the worst time in their lives. #2. TIP makes cities' emergency response system more efficient by freeing officers from non emergency tasks to return to service. #3. Because TIP is a large group of volunteers (over 100 in Orange County), TIP can guarantee to emergency responders a 20 minute response time on a 24/7/365 basis,100% of the time. #4. TIP offers comprehensive services which enhance the quality of TIP's crisis intervention services. For example ... • A TIP professional counselor will counsel TIP clients at no cost for up to three sessions. • TIP volunteers give TIP clients a comprehensive resource guide. • TIP has a well trained critical incident response team. • TIP has a TIP Teen Program. Teen volunteers are able to provide peer support to teens who have been traumatized. • TIP produces the Heroes With Heart Dinner honoring first responders. • TIP has a bilingual response team. #5. A TIP program increases the city's ability to respond to major incidents --- whether it be a school shooting Colorado shooting, for example, a car crash involving multiple casualties, or the sudden death of a city employee. #6. TIP is an important part of cities' emergency preparedness plan. If a major disaster occurs involving causalities, TIP can mobilize many experienced volunteers within one hour of being dispatched. #7. TIP has a diverse group of volunteers who can meet special needs of victims. For example, there are TIP volunteers who can sign, as well as TIP volunteers who are bilingual. Also, TIP has a large pool of female volunteers who can meet the needs of women who have been raped and who are victims of domestic violence. #8. TIP gives residents of the community an opportunity to become involved in public safety and make a difference in the lives of their neighbors. TIP volunteers develop the skills, confidence and expertise to help family members, coworkers, friends and neighbors when, tragedy strikes, even when the volunteers are not in their formal TIP roles. _-_ A. In Kind Support ➢ Present TIP to local hospitals Y Local Organizing Committee ➢ Training Facility ➢ Dispatching ➢ Access to Train Emergency Responders about TIP ➢ Ride -a -long Opportunities ➢ Provide background checks at no cost for TIP Volunteers ➢ Allow TIP to obtain cell phones under the police or fire department account. B. Direct Cost 12 cents per capita per jurisdiction annually through a service contract with TIP C. Minimum Amount Needed to Establish TIP in the Treasure Valley= $4.5,000 D. How $ From Local Jurisdiction Will Be Used..... ➢ Personnel - $25,000 (1/2 time Crisis Team Manager) ➢ Non Personnel = $20,000 ➢ Cost of 2 National Training Academies A Insurance ➢ Telephone equipment ➢ Resource Guides for Victims ➢ Supplies ➢ Volunteer Appreciation Activities ➢ Travel by local manager for training and to the TIP Annual Meeting ➢ Expected to Be Raised From the Private Sector in years 2,3,4 .... $20,000 (to be used to raise local manager's salary to full time). ESTABLISHING IN THE TREASURE VALLEY I A. TIP National signs service contracts with local jurisdictions (term Oct 2014 - juice 2015) that raises a minimum of $45;000 (interested jurisdictions should contact Wayne Fortin at Tipincceo aol.com for a Service Contract). B, TIP Staff works with the local organizing committee (volunteers from each jurisdiction) to recruit volunteers and to setup the National Volunteer Training Academy in the Treasure Valley (5 month process) ... April - August 2014. C. TIP National Trainers Conduct the Volunteer Training Academy - Early September 2014. D. First class of TIP Volunteers graduates - September 2014, E. TIP selects and trains a local Crisis Team Manager - Late September 2014. F. TIP Staff trains local emergency personnel on how to use TIP -Late September 2014, G. TIP Program is On Line -- October 2014/November, H. TIP National operates the Local Affiliate until a local Board of Directors is identified and a local non-profit is established (approximately 2-3 years). rI lid , �. , PROFESSIONAL SERVICES AGREEMENT - TRAUMA INTERVENTION SERVICES PAGE 7 CORPORATION DIVISION 1, MARCH FONG EU, Secretary of State of the State of California, hereby certify: IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this DEE C 2 0 ? I R& C Secretary of State SFC/STATE FORM CV -107 06 408811 1629482 ENDOnSgo Flt. E 0 kt 00 Offka of ffic Sacrelory of Mift of Neo St Cft Of C41190MO MUCH FOU EU, Softry of SQ, ARTICLES OF INCORPORATION OF TRAUMA INTERVENTION PROGRAMS, INC. I The name of this corporation is t TRAUMA INTERVENTION PROGRAMS, IN(--, ii A. This corporation is a nonprofit public benefit corporation atid is riot organized for the private gain of any person. It is organized under the Nonprofit Public Benefit Corporation Lat,i for charitable purposes. E. The specific Purpose of this corporation is to ensure that victims of traumatic e'vents receive the emotional and practical support they need imiediately following the traumatic occurrence by educating emergency first responders and.citizens in principles and tecliniques of victimology and trauma intervention, III The name and address in the State of California of this corporation's initial agent is: Mr. Wayne Fortin %Trauma intervention Programs North Coastal Mental Health Center 1701 Mission Avenue, Suite A Oceanside, CA 92051 -1- Iv A, This corporation is organized and operated exclusively for educational and charitable purposes within the meaning' of Section 501 (c)(3) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propaganda or otherwise attempting to influence legislation, and the corporation shall not participate or intervene in any political. campaign. (including the publishilIg or distribution of statements) on behalf of arty candidate for public office, V The property of this corporation is irrevocably dedicated to educational and charitable purposes and no part of the net income or assets of this corporation shall ever inure to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provision for payment, of all its debts and liabilities of this corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for educational or charitable Purposes and which has established its tax exempt status under Section 501 (c)(3) of the Internal Revenue Code. IN WITNESS THEREOF, for the purpose laws of the State of California, the articles of incorporation. DATED: q - ,; 3 A� of forming the corporation under the undersigned has executed these Incirporator Wayne Fortin I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which. execution is my act and deed. Incor orator -2- 'itate of C��1zf�rrtztt P.O, Box ,fflar�� Ann � � Sacramento, CA 95812 Phone: (916) 445.2020 33TATEMENT BY DOMESTICICORPORATION THIS STATEMENT MUST BE FILED WITH CALIFORNIA SECRETARY OF STATE (SECTIONS 6210, 82,10, 9660 CORPORATIONS CODE) 1. DUE DATE': MARCH 16, 1989 1,629482 TRAUMA INTERVENTION PROGRAMS, INC. IF ITEM 1 IS BLANK, PLEASE ENTER CORPORATE. DO NOT WRITE IN THIS SPACE THE CORPORATION NAMED HEREIN, ORGANIZED UNDER THE LAWS OF THE STATE OF CALIFORNIA, MAKES THE FOLLOWING STATEMENT: 2. STREET ADDRESS OF PRINCIPAL OFFICE SUITE on Room 2A. 28. (IF NONE, COMPLETE 3-30) j`j Jr�i (01eYO� vv"USE P.O, BOX )f+�7�c>CAND STATE ZIP 3. MAILING ADDRESS (OPTIONAL.) SUITV OR ROOM 3A. � 38. CITY :AND STATE ZIP CODE NAMES OF THE FOLLOWING OFFICERS ARE: 4, 17J VE C� 1 R. -4.A. BUSINESS ORESIDENCE ADDRESS (DO NOT U3E. P.O. 60X) 40. C �'` ��ITY AND STATE AC. �� ���F IP _�. Ct4fiep�o#a (A. SECRETARY BUSINESS OR RESIDENCE ADDRESS (DO NOT USE P.O. BOX) CITY AND STATE ZIP CODE 6. 6A. 6B: 6C. � M 70#,V. 0/i X. G2G,,,�' S i 0 qos-& HIEF FINANCIAL OFFICER BUSINESS OR RESIDENCE ADDRESS (DO NOT USE P.O. BOX) _ CITY AND STATE ZIP CODE AGENT FOR SERVICE OF PROCESS: W4 Lr..6✓(/�-Y (. _ CALIFORNIA BUSINESS OR RESIDENCE ADDRESS IF AN INDIVIDUAL- (DO NOT USE P.O. 80X) ONLY ONE AGENT CAN BE NAMED, DO NOT INCLUDE ADDRESS IF AG -ENT IS A CORPORATION, 6.. 1 DECLARE THAT i. HAVE .:EXAMINED THIS STA -I -E mENT AND TO THE BEST OF MY KNOWLEDGE AND aEL1E F, IT ISS TRUE, CORRECT AND COMPI:E'TE. DATE -. TITLE TYPE dR PRINT NAME OF SIGNING OFFICER OR AGENT SIGNATURE a�.t'910.,}tM 85 9301E tb BYLAWS OF TRAUMA INTERVENTION PROGRAMS, INC. A California Public Benefit Corporation ARTICLE I NAME The name of this corporation shall be: TRAUMA INTERVENTION PROGRAMS, INC. ARTICLE II OFFICES SECTION 1. PRINCIPAL OFFICE The principal office for the transaction of the business of the corporation ("Principal Executive Office") is located in the State of California, County of San Diego, The Directors may change the principal office from one location to another. Any change of this location shall be noted by the secretary on these Bylaws opposite this section, or this section may be amended to state the new location. SECTION 2. OTHER OFFICES. The Board of Directors may at any time establish branch or subordinate offices at any place or places where the corporation is qualified to do business. ARTICLE III NONPARTISAN ACTIVITIES This corporation has been formed under the California Corporation Law for the purposes described herein below at Article XV, and it shall be nonprofit and nonpartisan. No substantial part of the activities of the corporation shall consist of the publication or dissemination of materials with the purpose of attempting to influence legislation, and the corporation shall not participate or intervene in any political campaign on behalf of any candidate for public office or for or against any cause or measure being submitted to the people for a vote. The corporation shall not, except in an insubstantial degree, engage in any activities or exercise any powers that are not in furtherance of the purposes described above. Rev: 03/04/09 ARTICLE IV DEDICATION OF ASSETS The properties and assets of this nonprofit corporation are irrevocably dedicated to the fulfillment of the Objectives and Purposes of this corporation as set forth in Article XV hereof. No part of the net earnings, properties or assets of this corporation, on dissolution or otherwise, shall inure to the exclusive benefit of any private person or individual, or any member or Director of this corporation except in fulfillment of said Objectives and Purposes. On liquidation or dissolution, all properties and assets and obligations shall be distributed pursuant to the nonprofit provisions of the California Corporation Code then in effect. ARTICLE V MEMBERSHIP SECTION 1. DETERMINATION OF MEMBERS This corporation shall make no provision for members, however pursuant to Section 5310(b) of the Nonprofit Public Benefit Corporation Law of the State of California, any action which would otherwise, under law or the provisions of the Articles of Incorporation or Bylaws of this corporation, require approval by a majority of all members or approval by the members, shall only require the approval of the Board of Directors. ARTICLE VI ELECTION OF THE DIRECTORS SECTION 1. NOMINATIONS AND SOLICITATIONS FOR VOTES A. Nominating Committee. The chairman of the Board, or the president if there is no chairman, shall appoint a committee to select qualified candidates for election to the Board of Directors at least 30 days before the date of any election of Directors. The nominating committee shall make its report at least 10 days before the date of the election, and the secretary shall forward to each Director, with the notice of meeting required by Article VI, Section 4, a list of candidates nominated, by office. B. Election of Board. Directors shall be elected to the Board by the presiding Board of Directors. The candidates receiving the highest number of votes up to the number of Directors to be elected shall be elected. Each Director shall cast one vote. Qualified persons may submit their names for election to the nominating committee 30 days prior to the annual meeting of the Board of Directors, or when a vacancy exists. ARTICLE VII DIRECTORS SECTION 1. POWERS A. General Corporate Powers. Subject to the provisions of the California Nonprofit Corporation Law and any limitations in the Articles of Incorporation and these Bylaws relating to action required to be approved by the members, the business and affairs of the corporation shall be managed, and all corporate powers shall be exercised, by or under the direction of the Board of Directors. 2 Rev: 03/04/09 B. Specific Powers. Without prejudice to these general powers, and subject to the same limitations, the Directors shall have the power to: 1. Select and remove all officers, agents, and employees of the corporation; prescribe any powers and duties for them that are consistent with law, with the Articles of Incorporation, and with these Bylaws; and fix their compensation. 2. Change the principal executive office or the principal business office in the State of California from one location to another; cause the corporation to be qualified to do business in any other state, territory, dependency, or country and conduct business within or outside the State of California; and designate any place within or outside the State of California for the holding of any members' meeting or meetings, including annual meetings. 3. Adopt, make, and use a corporate seal; prescribe forms of membership certificates; and alter the form of the seal and certificate. 4. Borrow money and incur indebtedness on behalf of the corporation and cause to be executed and delivered for the corporation's purposes, in the corporate name, promissory notes, bonds, debentures, deeds of trust, mortgages, pledges, hypothecation, and other evidence of debt and securities. SECTION 2. NUMBER AND QUALIFICATION OF DIRECTORS The corporation shall have not less than seven or more than seventeen Directors, and collectively they shall be known as the Board of Directors. The number may be changed by amendment of this Bylaw, or by repeal of this Bylaw and adoption of new Bylaw, as provided in these Bylaws. SECTION 3. ELECTION AND TERM OF OFFICE OF DIRECTORS Directors will be elected at the annual meeting for two year terms. Directors may be re-elected for a maximum of 8 terms. After serving a 8 terms, a Director must rotate off the Board for a minimum of one year before being reconsidered for reelection to the Board unless permitted by a majority vote of the Board of Directors to remain as a Director for an extended term. Each Director, including a Director elected to fill a vacancy or elected at a special meeting, shall hold office until expiration of the term for which elected. For the purpose of the election of members of the Board of Directors the last regularly scheduled meeting of the Board during any calendar year shall serve as the annual meeting. SECTION 4. VACANCIES A. Events Causing VacancX. A vacancy or vacancies in the Board of Directors shall be deemed to exist on the occurrence of the following: 1. The death, resignation, or removal of any Director; 2. The declaration by resolution of the Board of Directors of a vacancy of the office of a Director who has been declared of unsound mind by an order of court or convicted of a felony or has been found by final order of judgment of any court to have breached a legally imposed duty under the California Nonprofit Corporation Law; Rev: 03/04/09 3. The vote of the Directors to remove a Director; 4. The increase of the authorized number of Directors. B. Resignations. Except as provided in this paragraph, any Director may resign, which resignation shall be effective on giving written notice to the chairman of the Board, the president, the secretary, or the Board of Directors, unless the notice specifies a later time for the resignation to become effective. If the resignation of a Director is effective at a future time, the Board of Directors may elect a successor to take office when the resignation becomes effective. No Director may resign when the corporation would then be left without a duly elected Director or Directors in charge of its affairs. C. No Vacancy on Reduction of Number of Directors. No reduction of the authorized number of Directors shall have the effect of removing any Director before that Director's term of office expires. D. Restriction on Interested Directors. Not more than 49% of the persons serving on the Board of Directors at any time may be interested persons. An interested person is: 1. Any person being compensated by the corporation for services rendered to it within the previous twelve months, whether as a full-time or part-time employee, independent contractor, or otherwise, excluding any reasonable compensation paid to a Director as Director; and 2. Any brother, sister, ancestor, descendant, spouse, brother-in-law, sister-in-law, mother-in-law, or father-in-law of any such person. However, any violation of the provisions of this paragraph shall not effect the validity or enforceability of any transaction entered into by the corporation. SECTION 5. PLACE OF MEETINGS, MEETINGS BY TELEPHONE Regular meetings of the Board of Directors may be held at any place within or outside the State of California that has been designated from time to time by resolution of the Board. In the absence of such designation, regular meetings shall be held at the principal executive office of the corporation. Special meetings of the Board shall be held at any place within or outside the State of California that has been designated in the notice of the meeting or, if not stated in the notice, or if there is no notice, at the principal executive office of the corporation. Notwithstanding the above provisions of this Section 5, a regular or special meeting of the Board of Directors may be held at any place consented to in writing by all the Board members, either before or after the meeting. Any meeting, regular or special, may be held by conference telephone or similar communication equipment, so long as all Directors participating in the meeting can hear one another, and all such Directors shall be deemed to be present in person at such meeting. SECTION 6. MEETINGS OF DIRECTORS Not less than 2 times a year, the Board of Directors shall hold a regular meeting for the purpose of organization, election of officers, and the transaction of other business. Notice of this meeting shall not be required. SECTION 7. OTHER REGULAR MEETINGS Other regular meetings of the Board of Directors shall be held without call at such time as shall from time to time be fixed by the Board of Directors. Such regular meetings may be held without notice. Attendance by Directors is required at meetings. Two or more unexcused absences shall constitute an automatic resignation from the Board subject to the acceptance of such resignation at the discretion of the Chairperson of the Board. However, the President may excuse a Director from attendance of a Board Meeting in the case of an emergency or death of a family member. 4 Rev: 03/04/09 SECTION 8. SPECIAL MEETINGS A. Authority to Call. Special meetings of the Board of Directors for any purpose may be called at any time by the chairperson of the Board or the president, or any vice -chairperson, the secretary, or any two Directors. B. Notice. 1. Manner of Giving. Notice of the time and place of special meetings shall be given to each Director by one of the following methods: (a) by personal delivery or written notice; (b) by first-class mail, postage paid; (c) by telephone communication, either directly to the Director or to a person at the Director's office who would reasonably be expected to communicate such notice promptly to the Director; or (d) by telegram, charges prepaid. All such notices shall be given or sent to the Director's address or telephone number as shown on the records of the corporation. 2. Time Requirements. Notices sent by first-class mail shall be deposited into an United States mailbox at least four days before the time set for the meeting. Notices given by personal delivery, telephone, or telegraph shall be delivered, telephoned, or given to the telegraph company at least 48 hours before the time set for the meeting. 3. Notice Contents. The notice shall state the time and place for the meeting. However, it need not specify the purpose of the meeting, or the place of the meeting, if it is to be held at the principal executive office of the corporation. SECTION 9. QUORUM A majority of the authorized number of Directors shall constitute a quorum for the transaction of business, except to adjourn as provided in Section 11 of Article VIII. Every act or decision done or made by a majority of the Directors present at a meeting duly held at which a quorum is present shall be regarded as the act of the Board of Directors, subject to the provisions of the California Nonprofit Corporation Law, especially those provisions relating to: (a) approval of contracts or transactions in which a Director has a direct or indirect material financial interest; (b) appointment of committees, and (c) indemnification of Directors. A meeting at which a quorum is initially present may continue to transact business, notwithstanding the withdrawal of Directors, if any action taken is approved by at least a majority of the required quorum for that meeting. SECTION 10. WAIVER OF NOTICE The transactions of any meeting of the Board of Directors however called and notice or wherever held after regular call and notice, if (a) a quorum is present, and (b) either before or after the meeting, each of the Directors not present signs a written waiver of notice, a consent to holding the meeting, or an approval of the minutes. The waiver of notice or consent need not specify the purpose of the meeting. All waivers, consents, and approvals shall be filed with the corporate records or made a part of the minutes of the meeting. Notice of a meeting shall also be deemed given to any Director who attends the meeting without protesting before or at its commencement about the lack of notice. 5 Rev: 03/04/09 SECTION 11. ADJOURNMENT A majority of the Directors present, whether or not constituting a quorum, may adjourn any meeting to another time and place. SECTION 12, NOTICE OF ADJOURNMENT Notice of the time and place of holding an adjourned meeting need not be given unless the meeting is adjourned for more than 24 hours, in which case personal notice of the time and place shall be given before the time of the adjourned meeting to the Directors who were not present at the time of the adjournment. SECTION 13. ACTION WITHOUT MEETING Any action required or permitted to be taken by the Board of Directors may be taken without a meeting, if all members of the Board, individually or collectively, consent in writing to that action. Such action by written consent shall have the same force and effect as an unanimous vote of the Board of Directors. Such written consent or consents shall be filed with the minutes of the proceedings of the Board. SECTION 14. FEES AND COMPENSATION OF DIRECTORS Directors and members of committees may receive such compensation, if any, for their services, and reimbursement of expenses, as may be determined by resolution of the Board of Directors to be just and reasonable. SECTION 15. OFFICERS OF THE BOARD OF DIRECTORS The officers of the Board will be the Chairperson of the Board, Vice Chairperson of the Board, Chair of the Finance Committee and Secretary. Officers of the Board of Directors shall serve for a 2 year term to run concurrently with their term as Director or until their resignation from such office or their removal by a vote of the majority of the Board of Directors. Officers may serve more than one term. SECTION 16. DUTIES OF THE OFFICERS OF THE BOARD OF DIRECTORS A. Chairperson of the Board. The Chairperson is responsible for providing leadership of all meetings of the Board, for facilitating the decision making process and for involving Board members in supporting the organization. B. Vice Chairperson. The Vice Chairperson facilitates executive committee meetings and general Board meetings in the Chairperson's absence. C. Chair, Finance Committee. The Chair, Finance Committee, is responsible for assisting the Board of Directors in fulfilling its oversight responsibilities for review of the annual budget, financial reports and internal accounting controls. D. Secretary. The Secretary records and/or takes minutes at general Board meetings and at all committee meetings. 6 Rev: 03/04/09 ARTICLE VIII COMMITTEES SECTION 1. COMMITTEES OF DECISION The Board of Directors may, by resolution adopted by a majority of the Directors then in office, designate one or more committees, each consisting of two or more Directors, to serve at the pleasure of the Board. Committees of the Board may also include members of the community who are not Directors of the Board. The Chairman of the Board will be an ex officio member of all committees and will be responsible for appointing a chair to each committee. Any committee, to the extent provided in the resolution of the Board, shall have all the authority of the Board, except that no committee, regardless of Board resolution, may: A. Take any final action on matters which, under the Nonprofit Corporation Law of California, also requires members' approval or approval of the outstanding shares; B. Fill vacancies on the Board of Directors or in any committee; C. Fix any compensation of the Directors for serving on the Board or on any committee; D. Amend or repeal bylaws or adopt new bylaws; E. Amend or repeal any resolutions of the Board of Directors which by its express terms is not so amendable or repealable; F. Appoint any other committees of the Board of Directors or the members of these committees; G. Expend corporate funds to support a nominee for Director after there are more people nominated for Director than can be elected; and H. Approve any transaction (1) to which the corporation is a party and one or more Directors have a material financial interest, or (2) between the corporation and one or more of its Directors or between the corporation and any person in which one or more of its Directors have a material financial interest. SECTION 2. MEETINGS AND ACTION OF COMMITTEES Meetings and actions of committees shall be governed by, and held and taken in accordance with, the provisions of Article VIII of these bylaws, concerning meetings of Directors, with such changes in the context of those bylaws as are necessary to substitute the committee and its members for the Board of Directors and its members, except that the time for regular meetings of committees may be determined either by resolution of the Board of Directors or by resolution of the committee. Special meetings of committees may also be called by resolution of the Board of Directors. Notice of special meetings of committees shall also be given to any and all alternate members, who shall have the right to attend all meetings of the committee. Minutes shall be kept of each meeting of any committee and shall be filed with the corporate records. The Board of Directors may adopt rules for the government of any committee not inconsistent with the provisions of these Bylaws. SECTION 3. STANDING COMMITTEES The standing committees of the Board will be the Nominating Committee, the Executive Committee and the Finance Committee. The duties and authority of these committees will be as prescribed by the Board. 7 Rev: 03/04/09 ARTICLE IX OFFICERS SECTION 1. OFFICERS The officers of the corporation shall be a Chief Executive Officer, a Chief Financial Officer, and a Secretary. The Chief Executive Officer cannot hold the office of Chief Financial Officer. SECTION 2. SELECTION OF OFFICERS Officers shall be appointed by the Board of Directors, at any time, and each officer shall hold office until he or she resigns or is removed or is otherwise disqualified to serve, or until his or her successor shall be appointed and qualified, whichever occurs first. The initial group of officers will be appointed by the current Board of Directors at the initial Directors' meeting. SECTION 3. REMOVAL OF OFFICERS Subject to the rights, if any, of any officer under any contract of employment, any officer may be removed, with or without cause, by the Board of Directors, at any regular or special meeting of the Board or, except in the case of an officer chosen by the Board of Directors, by an officer on whom such power of removal may be conferred by the Board of Directors. SECTION 4. RESIGNATION OF OFFICERS Any officer may resign at any time by giving written notice to the corporation. Any resignation shall take effect at the date of the receipt of that notice or at a later time specified in that notice and, unless otherwise specified in that notice, the acceptance of the resignation shall not be necessary to make it effective. Any resignation is without prejudice to the rights, if any, of the corporation under any contract to which the officer is a party. SECTION 5. VACANCIES IN OFFICE A vacancy in any office because of death, resignation, removal, disqualification, or any other cause shall be filled only in the manner prescribed in these bylaws for regular appointments to that office. SECTION 6. DUTIES OF THE OFFICERS A. The Chief Executive Officer works closely with the Chairperson of the Board and oversees the day to day operation of the organization. He implements the policies and procedures adopted by the Board. He hires and supervises staff. B. The Chief Financial Officer shall oversee the financial affairs of the corporation and shall report to the Chief Executive Officer. He shall keep, or cause to be kept, full and accurate accounts of receipts and disbursements. He shall prepare a financial report for each meeting of the Board of Directors. He shall be responsible for developing and implementing ongoing and adequate financial controls for the organization. He shall be responsible for overseeing the development of the annual budget and for making recommendations to the Board regarding adoption of the budget. Rev: 03/04/09 C. The Secretary shall handle correspondence and perform such other duties as assigned by the Chief Executive Officer. He is responsible for notifying Board Members of upcoming meetings and for sending members the agenda for the upcoming regular Board meeting and minutes from the previous meeting. ARTICLE X lam•IN 0_ 1 s-'• _ _ SECTION 1. MAINTENANCE AND INSPECTION OF ARTICLES AND BYLAWS The corporation shall keep at its principal executive office, or if its principal executive office is not in the State of California, at its principal business office in this state, the original or a copy of the Articles and Bylaws as amended to date, which shall be open to inspection. SECTION 2. MAINTENANCE AND INSPECTION OF OTHER CORPORATE RECORDS The accounting books, records, and minutes of proceedings of the Board of Directors and any committee(s) of the Board of Directors shall be kept at such place or places designated by the Board of Directors or, in the absence of such designation, at the principal executive office of the corporation. The minutes shall be kept in written or typed form, and the accounting books and records shall be kept either in written or typed form or in any other form capable of being converted into written, typed, or printed form. SECTION 3. INSPECTION BY DIRECTORS Every Director shall have the absolute right at any reasonable time to inspect all books, records, and documents of every kind and the physical properties of the corporation and each of its subsidiary corporations. This inspection by a Director may be made in person or by an agent or attorney, and the right of inspection includes the right to copy and make extracts of documents. SECTION 4. ANNUAL REPORT The annual report to members referred to in the California Nonprofit Corporation Law is expressly dispensed with, but nothing in these bylaws shall be interpreted as prohibiting the Board of Directors from issuing annual or other periodic reports to the members of the corporation as they consider appropriate. However, the corporation shall provide to the Directors within 120 days of the close of its fiscal year, a report containing the following information in reasonable detail: fiscal year. A. The assets and liabilities, including the trust funds, of the corporation as of the end of the B. The principal changes in assets and liabilities, including trust funds, during the fiscal year. C. The revenue or receipts of the corporation, both unrestricted and restricted to particular purposes, for the fiscal year. D. The expenses or disbursements of the corporation, for both general and restricted purposes, during the fiscal year. E. Any information required by California Corporations Code Section 6322. 9 Rev: 03/04/09 ARTICLE XI FINANCIAL SUPPORT OF THE CORPORATION Financial support of the corporation shall be government funds, public donations and contributions, grants from private foundations, and grants from corporations. ARTICLE XII CONSTRUCTION AND DEFINITIONS Unless the context requires otherwise, the general provisions, rules of construction, and definitions in the California Nonprofit Corporation Law shall govern the construction of these bylaws. Without limiting the generality of the above, the masculine gender includes the feminine and neuter, the singular number includes the plural, the plural number includes the singular, and the term "person" includes both the corporation and a natural person. ARTICLE XIII AMENDMENTS SECTION 1. AMENDMENT BY DIRECTORS These bylaws may be adopted, amended, or repealed by the Board of Directors. ARTICLE XIV OBJECTIVES AND PURPOSES The objectives of this corporation shall be: A. The general purpose of this corporation is to ensure that victims of traumatic events receive the emotional and practical support they need immediately following the traumatic occurrence. B. The following objectives have been selected to carry out the general purpose of the corporation: 1. To provide regularly scheduled training sessions for citizens, emergency responders and health care professionals on how to help others emotionally and practically after a traumatic event has occurred. 2. To support Chapters and Affiliates across the country. 3. To assist local communities establish TIP Chapters and Affiliates 4. To operate a website which provides helpful resources to the general public and members of TIP Chapters and Affiliates. 10 Rev: 03/04/09 11!111111111P •11111111111111111111111111r Approval of Task Order 10499 for Professional Design Services for "Sewer Line replacements - Site 1213" to Murray, Smith and Associates, Inc. for the Not -To -Exceed amount of $136,659.00. Community Item/Presentations Presenter Contact Info./Notes h77.7yy[�7:ff1►1f1VWAf3j[�7►11 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TASK ORDER NO. 10499 Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN This Task Order is made this 27TH day of May, 2014 and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", and accepted by Murray, Smith and Associates, Inc., hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 2C) between the above mentioned parties dated October 22, 2013. The Project Name for this Task Order 10499 is as follows: The City identified the need to replace an existing 8 -inch sewer line currently located in backyards between the NW 1st Street and NW 2nd Street rights-of-way (ROW) between W. Cherry Lane and W. Cherry Avenue. The new sewer lines are to be located within the NW 1 st Street and NW 2nd Street ROW's. Additional sewer lines may also be needed to collect sewer services and convey flow. This SOW is for development of construction documents and services during construction. Task 1.1— E -Builder ENGINEER is required to submit written communication through the CITY'S project management software (e -Builder). This includes but is not limited to the following: • Reports • Drawings and Specifications • Requests for information • Request for action by CITY Task Order 10499 Sewer Line Replacements — Site 12B Page 1 of 9 MSA, Inc. • General Project Documentation & Communication • Submittal Approvals • Pay Invoices In this task, The City shall provide the Engineer with an E -Builder user's license. Assumptions The budget includes eight (8) hours for e -builder usage. TASK 2 - DATA COLLECTION ENGINEER will perform the following tasks as part of a data collection effort prior to development of design plans and specifications. Task 2.1 - Kick -Off Meeting In this task, ENGINEER will attend a kick-off meeting with the CITY to introduce project staff; review communication protocol, SOW, schedule and budget; and make any required data requests. Task 2.2 - Data Collection In this task, ENGINEER will review background information provided by the OWNER and may develop a formal data request for any additional information required for completion of the work. It is anticipated that additional data requests will be made throughout the project, however the majority of the data required will be requested at the beginning of the project. MSA will limit the number of data requests that are made to minimize the required OWNER Staff time. Task 2.3 - Survey ENGINEER will perform a preliminary survey as described below. The survey will be done horizontally on the NAD 1983 (translated to the Ada County G.I.S. system) datum and vertical control based on NAVD 1988 datum. Contours will be developed at one -foot intervals. The survey will include: • Road centerline and curb elevations at a maximum interval of 50 feet • Underground utilities as marked by Digline or from provided as -built plans • Inverts of all irrigation and storm drain facilities in the project area • Parcel information from the OWNER's GIS database. • Manhole location, rims and inverts for manholes within the realignment area. • Face of curb shots to confirm street alignment • Water Services: Includes size and number of services in each meter box • Location of all sewer services identified in Task 2.3 • Set four (4) benchmarks for vertical project control Task Order 10499 Sewer Line Replacements — Site 12B Page 2 of 9 MSA, Inc. Task 2.4 - Sewer Service Coordination MSA will work with the CITY to identify the locations of existing sewer services and coordinate new sewer service alignment with property owners. Approximately 72 sewer services will be located as part of this task. Additionally each sewer service will be evaluated for the possibility of turning sewer around in crawl space. Task 2.4 - Potholing ENGINEER will perform potholing to confirm existing asphalt, 3/4" rock, pit run depths and confirm location of existing utilities at critical locations in the project area. This task includes 4 total pothole locations. These locations will require traffic control. Assumptions ENGINEER will perform a data analysis effort that includes the following tasks: 1. ENGINEER and the OWNER will identify and collect required data in a timely manner so as to not impact the project schedule. 2. The data collection does not include survey or excavation to verify number and location of side sewer connections into the main. This task order assumes that the design survey will locate and survey side sewer cleanouts that are observed from the surface. In addition, the construction contractor will be required to perform field verification of all side sewer connections as part of the contract. 3. ENGINEER will contact ACRD to verify if there is a moratorium on construction on W Cherry Lane, just north of W 1st Street. There may be a moratorium on construction because of the recent improvements related to the ACHD "Split Corridor" project. 4. SOW assumes that an Ada County Highway District (ACHD) permit for potholing is required, but the fee will be waived. 5. Send flyer to property owners notifying them of the project. Flyer will be approved by City prior to delivery to property owners. 6. Make initial contact with property owners (CITY staff may attend). 7. Visit all properties where sewer services will be affected by the project, determine location of sewer service line and develop preferred sewer service route with property owner and CITY staff. 8. CCTV and location services will be performed on each building in order to verify horizontal location and depth of existing services. 9. Survey horizontal locations and ground elevations of existing side sewers at the exit of existing structures. The ground elevation and data from the sewer service locate will be used to approximate sewer service elevation. 10. Evaluation of possibility of turning sewer around in crawl space for each sewer service will be completed by excavation and plumbing subcontractor. 11. Develop schematic drawing of proposed sewer service route and send to property owners and CITY for review and approval. Task Order 10499 Sewer Line Replacements — Site 12B Page 3 of 9 MSA, Inc. 12.A budget of 20 hours for pre -field work, contact of property owners and documentation of the proposed sewer service routes and a surveyed point of service connection. 10 8 - hour days of fieldwork for one ENGINEER staff are included in this task. 13.The routes will be field measured and documented with digital photos. This data will be shown on the design drawings. 14. ENGINEER will verify water service size and number of services in each box during field work. 15.The data collection does not include excavation to verify number and location of side sewer service connections into the main. All work will be based on sewer service locations from the OWNER CCTV tapes (main line), side sewer location services, observations from site investigations, and a survey point of the sewer service as it exits the building. Deliverables 1. Formal data request(s) ENGINEER will develop concept, 60%, 95% and 100% designs for the work described in the background section of this SCOW. ENGINEER will then develop a construction package for the improvements. Task 3.1- Concept Design MSA will perform a data analysis effort that includes the following tasks: 1. Review CCTV inspection tapes and reports. 2. Field investigation and review of any existing plans to assist in identifying locations of existing cleanouts and side sewers. 3. Review as -built maps for existing utilities (e.g. water, gas, power) in the proposed project area. ENGINEER will analyze the feasibility of realigning the sanitary sewer for up to two alternative alignments. Conceptual level construction cost estimates will be developed during this task and used to compare the alternatives. ENGINEER will present the results of the concept design at a meeting with the CITY. A preferred alternative will be selected at the concept design review meeting. Task 3.2 - 60% Design ENGINEER will develop the 60% design package based on the Concept Review Meeting. 60% Design Development will include the following: Task Order 10499 Sewer Line Replacements — Site 12B Page 4 of 9 MSA, Inc. • Plan and Profile Sheets • Standard Notes and Details specific to the project. • Erosion and Sediment Control (ESC) plan as Environmental Quality (IDEQ) and ACHD. (The Meridian Environmental Division) • ACHD Variance Request (if required) • Traffic Control Plan • Technical Specifications • Bid Schedule • Opinion of probable cost for work • Reassessment of design schedule (Standard details are not required) required by Idaho Department of plan will be reviewed by the City of The 60% design plans and specifications will be submitted to the City for review and comment by the Development Services and Environmental Divisions. ENGINEER will attend a meeting with the CITY to review the 60% design package and perform a site walk through. Task 3.3 - 95% Design Package ENGINEER will develop a 95% design package based on the comments on the Concept Design and 60% Design. The 95% design package will include the following final documents: • Plan and Profile Sheets • Erosion and Soil Control Plan (ESC) as required by the City of Meridian, IDEQ and ACHD • Traffic Control Plan as required by ACHD • Notes and Details specific to the project, standard details are not required • Technical Specifications • Side Sewer Details • Bid Schedule with quantities • Opinion of Probable Cost The 95% plans are assumed to be "bid ready" and are only missing minor CITY, NMID and ACHD comments and approvals. The 95% design plans and specifications will be submitted to the City for review and comment by the Development Services and Environmental Divisions. ENGINEER may attend a meeting with the CITY to review comments from the 95% design package, if needed. Task 3.5 - 100% Design Package ENGINEER will finalize the 100% design package based on the comments on the 95% plans. The 100% design package will include the following FINAL documents with all the approval stamps and signatures: • Plan and Profile Sheets Task Order 10499 Sewer Line Replacements — Site 12B Page 5 of 9 MSA, Inc. • Erosion and Soil Control Plan (ESC) as required by City of Meridian, IDEQ and ACRD. • Traffic Control Plan as required by ACHD and with an ACHD signature • Notes and Details specific to the project, standard details are not required • Technical Specification Package m Side Sewer Details • Bid Schedule • Opinion of Probable Cost The 100% design plans and specifications will be submitted to the City for approval signature and inclusion in the bid package. Assumptions 1. The entire project will be designed with plan and profiles for traditional open trench construction. 2. Variance requests for "out of corridor work" will be submitted to ACHD and any other utilities affected. Approval letters from those utilities will be submitted to the City of Meridian prior to commencing the 100% design plans. 3. The budget assumes up to four (4) hours of meetings with ACHD and NMID to review the design packages during the design phase. 4. The CITY will provide a QLPE review of the plans in lieu of submittal to the IDEQ. 5. ENGINEER will prepare the Technical Specifications to The Idaho Standards for Public Works Construction (ISPWC) and CITY supplements and Addenda will be used as the basis of the Technical Specifications and they will be in the ISPWC formatting. ISPWC specifications will be referenced and not reproduced in the specification package. Supplemental technical specifications will be developed as required. (Specifications will state specifically what points shall be staked with a reference that the contractor will pay for additional staking or restaking) 6. The CITY will prepare the "front end" bid specification section. 7. The CITY will administer the contract. 8. Plans will be full size (22 -inch x 34 -inch). 9. Any required permitting fees will be paid by the CITY. Deliverables 1. Meeting notes from the concept design review meeting 2. Three (3) hard copies of the 60% and one (1) file in PDF format (to be placed on the City of Meridian FTP site)design package (plans and technical specifications) 3. Four (4) hard copies of the 95% design package (plans and technical specifications) 4. One (1) reproducible copy of the FINAL 100% design package in PDF format to be placed on the City of Meridian FTP site Task Order 10499 Sewer Line Replacements — Site 12B Page 6 of 9 MSA, Inc. —IqL 1 11�1 The budget includes 96 hours for services during construction. Services during construction will include the following tasks: • Provide ten (10) hard copies of the FINAL 100% design package (plans and technical specifications) • Attend pre-bid meeting • Answer questions during the bid period • Assist the CITY in creating any required addenda during the bid period • Attend the pre -construction meeting • Respond to requests for information (RFIs) • ENGINEER will review the technical submittals; up to twenty (20) submittals are included • Perform site visits, attend construction meetings during construction and provide final punch list as requested Assumptions 1. Bid and Construction period is anticipated to be Fall 2014. 2. The CITY will produce any required addenda during the bid period. 3. The CITY will review bids and determine the apparent low bidder. 4. Pay requests will be reviewed by the CITY. 5. The CITY will provide a Project Representative that will be responsible for inspection of the project. The budget includes 24 hours for services after construction completion: • Collect any as -built information from the contractor and the City of Meridian inspector • Perform a survey for rim and invert elevation for manholes constructed. • Prepare and produce complete sets of Record Drawings per CITY Record Drawing Requirements Task Order 10499 Sewer Line Replacements — Site 12B Page 7 of 9 MSA, Inc. Assumptions 1. The City will perform a review of the proposed Record Drawings for completeness and accuracy Deliverables 1. Record drawings per CITY Submittal Requirements t , 1 The following schedule is based on a Notice to Proceed (NTP) from the City by May 2014 and resulting in Final Design being completed by September 2014. Tasks 4 and 5 will be completed according to City construction schedule with an anticipated completion date of September 2015. A NTP issued on a different date will change the schedule accordingly. COMPENSATION AND COMPLETION SCHEDULE Task ' Description Due Date Compensation 1 E -Builder Project Management . Project Duration $550.00 2 Data Collection ■ Within 30 days of NTP $52,689.00 3 Design • Within 120 days of NTP $63,000.00 4 Services During Construction ■ Completed as required by City's Bid and Construction Schedule $15,000.00 5 Record Drawings ■ 30 days from Construction Completion $5,420.00 TASK ORDER TOTAL $136,659.00 The Not -To -Exceed amount to complete all services listed above for this Task Order No. 10499 is One Hundred Thirty -Six Thousand, Six Hundred Fifty -Nine dollars ($136,659.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. The hourly rates for services and direct expenses shall be billed per the approved Rate Schedule and Master Agreement (by this reference made a part hereof) and will be the basis for invoice justification. Travel and meals are excluded from this Task Order unless explicitly listed in the Scope of Services AND Payment Schedule. End of Text. Signatures to follow on next page. Task Order 10499 Sewer Line Replacements — Site 12B Page 8 of 9 MSA, Inc. BY:� TAMMY de RD -MAYOR MURRAY, SMITH AND ASSOCIATES, INC. BY: Dennis Galinato, P.E. Dated: Approved by Council: Att t:y lan a u�t s ✓r 4 Fr JAYC L. HOLMAN, CITY C RKC;ryO )P,. j /l F IDTAINRtaret�a ing Approval. blie Works Department Approval BY: KEIT AT'TS, City Project Manager Manager Y. Task Order 10499 Sewer Line Replacements — Site 12B MSA, Inc. 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C y oo = O w a'(Q 0 c y o- n•, y a O : y n tD 'D N 3 m 'D -0 m v 0 (D .O+• 6S1 CL D vo) n�•M -� O j 0 �# c D CO N O O D � DATE: May 27, 2014 ITEM NUMBER: 7E PROJECT NUMBER: ITEM TITLE: COMMUNITY DEVELOPMENT BLOCK GRANT Community Development Block Grant (CDBG) Program Year 2014 Pre -Draft Activity Prioritization MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS IDIAN'�t_11� May 22, 2014 MEMORANDUM TO: Mayor De Weerd and City Council FROM: Lori Den Hartog, CDBG Administrator CC: City Clerk Bruce Chatterton Caleb Hood RE: CDBG Program Year 2014 Pre -Draft Prioritization May 27, 2014 Department Report 1. Introduction In preparation for the City's Program Year 2014 (PY2014) Community Development Block Grant (CDBG) Annual Action Plan (AP), the City needs to prioritize submitted applications for project funding. The City has received notification that the funding for next year will be $300,091, which is an increase of approximately 2.5% from the previous year. Planning and Administrative expenses are capped at 20% of the annual allocation, which would be approximately $60,000. Based on historic administrative costs, staff is recommending an allocation of $43,000 for administrative expenses, including fair housing activities in PY2014. The remaining amount ($257,000) of the city's CDBG allocation can be used to fund projects, with no more than 15% ($45,000) being used for Public Service Projects. 2. Process and Timeline The City has been working to identify potential future projects for the coming program year. On March 10, 2014 staff conducted a Community Workshop to provide information and reach out to past sub - recipients and potential future sub -recipients. In late March, interested organizations submitted letters of intent, and for those projects that appeared to meet the minimum qualifications, staff invited them to submit a full funding application by May 2, 2014. 3. Application Review and Scoring Community Development Department ® 33 E. Broadway Avenue Meridian, ID 83642 Phone 208-884-5533 ® Fax 208-888-6854 ® www.meridiancity.org Page 2 Organizations were required to submit applications addressing the following items: • Goals and outcomes of the proposed project, • The need that the proposed project addresses, • How the organization plans to carry out the proposed project, • The capacity of the organization to implement the proposed project, and • Whether or not the organization is going to leverage any other funds for the proposed project. An internal City committee reviewed and scored all of the submitted applications based on a matrix that provided weighted scoring to the more critical items in the application. The scoring criteria used by the committee were provided to the applicants for informational purposes as part of the application form. 4. National Program Considerations The National Goals of the CDBG Program are as follows: • Provide decent, safe, and sanitary housing. • Provide a suitable living environment. • Expand economic opportunities. The National Objectives of the CDBG Program are as follows: • Benefit low -moderate income persons. • Aid in the prevention or elimination of slums or blight. • Meet an urgent need. Other items to consider under the national program regulations include that over a multi-year period 70% of the expenditures must benefit low -moderate income persons. Public Services are capped at 15% of the annual allocation, which would be approximately $36,500 for PY2013. 5. Local Program Considerations The City is entering its third year of the Five Year Consolidated Plan 2012-2016. Each Annual Action Plan is based on the needs, goals, and outcomes identified in the Consolidated Plan. Below are the Strategies and Objectives from the 2012-2016 Consolidated Plan: Strategy No. 1 (Affordable Housing): Improve access to affordable housing opportunities for Meridian Residents. • Objective 1.1: Address the need for affordable decent housing by supporting a down payment assistance program for qualifying households. Strategy No. 2 (Suitable Living Environment): Support services, programs, and projects for the city's LMI residents, including persons with special needs and residents at -risk of homelessness. • Objective 2.1: Support public service activities that serve the city's LMI residents. • Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas. Strategy No. 3 (Economic Opportunities): Improve economic opportunities in the city's LMI areas. • Objective 3.1: Support public service activities that provide employment training or job creation/retention for the city's LMI residents. Page 3 • Objective 3.2: Invest in public facility improvements or activities in the downtown area that address one or more of the conditions which contributed to the deterioration of the area. 6. Projects & Recommended Funding Below is a list and brief project description of all the funding applications submitted for Program Year 2014. Public Service Applications • Hunger Relief, Meridian Food Bank: Project funds would be used to purchase food that is distributed through the Meridian Food Bank to hungry families and to children through the weekend Backpack Program. • Case Management Services, Charitable Assistance to Community's Homeless (CATCH): Project funds would be used to pay for increased staffing time for the one CATCH employee serving homeless families in Meridian. CATCH houses homeless families and provides intensive case management to address issues contributing to the family's homeless episode while preparing the family for self-sufficiency. • Satellite Office, EI -Ada Community Action Partnership: Project funds would be used to set-up and staff a satellite office in Meridian to provide services including housing assistance to prevent homelessness, utility assistance, home weatherization, etc. to Meridian residents. Non Service Applications • Meridian Fitness Path, Meridian Elementary School: Project funds would be used to construct a mile path in Meridian Elementary's west field. The path is composed of a blacktop surface loop and scientifically designed stationed based exercises. The path will also serve as a pedestrian connection between 4th Street and Pine Avenue/NW Vt Street. • Community Center Facade Improvements (Design and Construction), Meridian Parks and Recreation Department: Project funds would be utilized to design and construct fagade improvements for the Meridian Community Center in downtown Meridian. • Community Center Facade Improvements (Design only), Meridian Parks and Recreation Department: Project funds would be utilized to design fagade improvements for the Meridian Community Center in downtown Meridian with construction anticipated a future date. • Youth Cultural Center, Yung Urban Cultural Center (YUCC): Project funds would be used to lease and improve building space in Meridian for a new youth center, to plan and provide for community services for adolescents, and to pay for staff time and marketing services for the new center. • Roadway Improvements south side of Broadway Avenue east of Main Street, Meridian Development Corporation: Project funds would be used to design and construct an attached sidewalk on the south side of Broadway Avenue between Main Street and East Third Street. • ADA Improvements at E. 2nd Street & Idaho Avenue, Meridian Development Corporation: Project funds would be used to design and construct ADA improvements at the southwest and northwest corners of the E. 2nd Street and Idaho Avenue intersection. Page 4 The CDBG Scoring Committee that reviewed all of the submitted applications recommends funding two projects under the public service category, the first for the Meridian Food Bank and the second for the CATCH Program because these applications scored the highest on all of the scoring criteria. The CDBG Scoring Committee recommends funding two of the six submitted projects for the non -service applications at varying funding levels. The Scoring Committee recommends funding the Meridian Fitness Path as submitted by Meridian Elementary School and the design and construction project for fagade improvements at the Meridian Community Center as submitted by the Meridian Parks and Recreation Department. These applications are being recommended because they scored the scored the highest on all of the scoring criteria. Three public service applications were submitted for a total funding request of $78,000. As identified above, the available funding for the coming program year is capped at approximately $45,000 for public services. Public Service Applications Applicant Project Name Funding Recommended Request Funding Meridian Food Bank Hunger Relief, Purchase of $30,000 $27,000 Food Supplies CATCH Case Management for rapid $18,000 $18,000 re -housing of homeless families EI -Ada Community Satellite Office in Meridian $30,000 $0 Action Partnership Page 5 Six non- service applications were submitted for a total funding request of $389,500 to $558,000. The available funding for Program Year 2014 is $212,000 for these types of projects. Non -Public Service Applications Applicant Project Name Funding Recommended Request Funding Meridian Elementary Fitness Path $50,000 $50,000 School Meridian Parks & Fagade Improvements at $187,000 $162,000 Recreation Department Meridian Community Center (Design & Construction) Meridian Parks & Fagade Improvements at $18,500 $0 Recreation Department Meridian Community Center (Design only) Yung Urban Cultural Facility, staff, and services $241,000 $0 Center (YUCC) for a new youth cultural center Meridian Development Roadway improvements $40,000 $0 Corporation (MDC) south side of Broadway Ave. Meridian Development ADA improvements at E. $40,000 $0 Corporation (MDC) 2nd Street and Idaho Ave. 7. Next Steps After Council has established the priorities for the coming program year at the May 27 public meeting, staff will prepare the draft annual action plan. The required public comment period for the draft Program Year 2014 Action Plan will be from June 16, 2014 through July 22, 2014. The public hearing for the Program Year 2013 Action Plan is scheduled for July 22, 2014. DATE: May 27, 2014 ITEM • • M • Legal Department Report: Discussion on Waiving Parks Reservation Fees for Historic Meridian Special Events Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1111 If •` MA -111 -ill to] Police Department: Budget Amendment for the Final Process of Public Safety Training Center Project for the Not -to -Exceed Amount of $831,113.00 MEETING NOTES ff� 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: May 27, 2014 ITEM NUMBER: 8A Ordinance No. l (-l� � : An Ordinance (AZ 14-003 Heritage Grove Subdivision) For Annexation And Rezone Of A Parcel Of Land Located In The SE 1/4 Of The SE'/4 Of Section 31, Township 4 North, Range 1 East, Boise Meridian, Ada County, Idaho, 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; 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 I BOISE IDAHO 05/29/14 11:56 AM DEPUTY Vicky Bailey III IIII)I'III�'I(IILI�LIII'II)(I'�'ll RECORDED -REQUEST OF 114041279 Meridian City CITY OF MERIDIAN ORDINANCE NO. N-1613 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-003 HERITAGE GROVE SUBDIVISION) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND LOCATED IN THE SE 1/4 OF THE SE 1/40F SECTION 31, TOWNSHIP 4 NORTH, RANGE 1 EAST, 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: Leon and LaRue Johnson Trust, Michael and Leslie Trail and Steve and Bette Charitable Remainder Unitrust. 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 — HERITAGE GROVE SUBDIVISION (AZ 14-003) 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 Cleric 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 , 2014. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this L"'__day of , 2014. ATTEST: JAYCa L. HOLMAN, CITY CLU A,4 l'1 EAL ANNEXATION — HERITAGE GROVE SUBDIVISION (AZ 14-003) Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this day of �.- k L , 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. NOTARY PUBLIUO FOR IDAHO RESIDING AT:,. t MY COMMISSION EXPIRES ANNEXATION — HERITAGE GROVE SUBDIVISION (AZ 14-003) Page 3 of 3 EXHIBIT A ANNEXATION DESCRIPTION A parcel located in the SP 114 of the SE 1/4 ol'Scction 31,Township 4 Noilh, Range I Post, Boise Meddim), Ada Comity, Idaho, more particularly described its follows: Commencing it it brass cap momillicut marking tile Southeasterly Corner ofsaid 81" 1/1 of (Ito SF 1/4 (roil) which it SM inch diameter iron pill illittkills the twilthwestcrly c011ief of the SE 1/4 ofsoid Section 31; Thcncc N 89'47'06" W along the soutlicrly bomidauy of .Md SE 114 of Clic SE 1/4 a distance (if 662,30 foot to the, POINT oil BEGINNING; 'thence continuing N 81)"47'00" W a distance of 97.74 feet too point on the intension of the easterly boondmy of IYAND/I W AlEADOW 8111HYPNION as shown in Book 82 of Plats W Page 9035 in the office of the Recorder, Ada County, Idollo; Thelicc along grid easterly boundary the following docrilml courses; `I'liclice leaving said southerly boundary N 0'0814" 1-' o distance of 155.59 feet to .1 5/8 ilich diameter iron pill; Thence N 8'40'34" F' a distance of 42.72 feet torr 5/8 inch diameter iron pill; Thence N 0'2324" E a distimcc of 416,15 feet to a 5/8 inch diameter iron pin marking the nortlicasterly comer of said Ii'MAIDA W All,,11)OIVSUIII)11"1,Yl( AN, *fljeljc40 leaVhig said castcyly boundary N 89'47'00" W along the northerly bomiduly of said IVAMD"(W IVEADOW SIJB/)/I//,V/OjNl it distance of 567.58 feet to it 5/8 inch diameter Iron pin marking the northwesterly corner of Said WANDAW A11"'AD011, SUBMVNUVaIlid point also being on the westerly boundary of avid SE 1/4 of the SE' 1/4; '111011cc lelivilig Said northerly boundary N 0'37'07" 1' along said westerly boundary a distance of 9.84 feet to it point; 'I'llence leaving Said %wstcrly boundary 8 89146'16" F ii distance of 661,76 feet to a point; 'I'llenec 8 0,34, 10" W a distance of 02.1.68 feet to the POINT OF IIE(ANNING, 'oris parcel eolitilins 1.49 Feet and is subject to all), ciscinctits existine, or in osc. PfvIxovd by, Glenn K. Bennett, PIS Civil survey Consultants, Incorporated 'w 01 January 21, 2014 3VU Heritage Grove Subdivision AZ 14-003 EXHIBIT B PRO w n � -4 614.01' � p Z y � N =yEtiolyAVEN EEAK AVENUE N c,i o ZZ: N 02324' E 416.15 ° o v 149ACRE8 rn � S 0'34'10" W 623.68' o Gi 2 y v y Heritage Grove Subdivision AZ 14-003 • i r DATE: 2014 ITEM NUMBER: • 11111 •'11 • Ordinance No. Iq � lU H : Waiving Parks Reservation Fees for Historic Meridian Special Events 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. l q— f (0 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AMENDING MERIDIAN CITY CODE SECTION 13-2-4(C)(1), AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Meridian has determined that a waiver of reservation fees will encourage Historic Meridian Special Events and thereby support and facilitate long-standing community events and celebrations; 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 13-2-4(C)(1) shall be amended to read as follows Reservation Request Procedure: Any person or organization may request that the department reserve a reservable park amenity for its lawful use. Upon receipt of such request and payment of applicable fees as established by fee schedule, the department shall reserve reservable park amenities at the time and place, in the manner, and according to the procedures for equitably allocating reservations as enumerated by administrative policy. No reservation fee shall apply to Historic Meridian Special Events as defined in Title 3, Chapter 4, Meridian Cites Section 2. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on May Z77 , 2014. APPROVED by the Mayor of the City of Meridian, Idaho, on May 2014. APPROVED: Tammy de V ,50d, Mayor ATTEST: Holman, City Cleric tidg-lyisdog Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: May 27, 2014 li : 10A PROJECT ITEM TITLE: OTHER ITEMS - 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