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2014-10-21CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA - Tuesday, October 21, 2014 at 5:00 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho 1. Roll -call Attendance: X David Zaremba X Joe Borton Charlie Rountree X Keith Bird Genesis Milam Luke C ave n e r (arrived at 5:11 p. m.) Q Mayor Tammy de Weerd 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 67-2345 (1)(d): (to consider records that are exempt from disclosure as provided in chapter 3, title 9, Idaho Code) Amended onto the agenda: (c) - (to conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency): A 11 11 4 1 1 Meridian City Council Pre -Council Meeting Agenda — October 21, 2014 Page 1 of 1 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, 1. Roll -Call Attendance David Zaremba X Joe Borton X Charlie Rountree X Keith Bird XGenesis Milam X Luke Cavener ® O Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by 4. Adoption of the Agenda Adopted A. Approve Minutes of September 22, 2014 City Council Strategic Planning Meeting B. Approve Minutes of October 7, 2014 City Council Regular Meeting C. Recreational Pathway Easement Between Brighton Development, Inc. and the City of Meridian for Messina Meadows #5 D. Resolution No. 14-1025: A Resolution to Retire Police Canines BLITZ and BOWSER E. Approval of Sole Source Purchase for Mtell Predictive Analysis/Conditions Based Management Software and Professional Services from Mtell F. Development Agreement for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District G. Findings of Fact, Conclusions of Law for Approval: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. Meridian City Council Meeting Agenda — Tuesday, October 21, 2014 Pagel of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision H. Findings of Fact, Conclusions of Law for Approval: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts I. Findings of Fact, Conclusions of Law for Approval: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District J. Findings of Fact, Conclusions of Law for Approval: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-213-4 in the Proposed C -C Zoning District 6. Community Items/Presentations A. ACCEM Joint Powers Agreement History Discussion Motion Approved tl, bring back to Novemberf e.tg B. Annual Lakeview Golf Course Update Continued to October 28, 2014 7. Items Moved From Consent Agenda None 8. Action Items A. Public Hearing: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Continued to November 6, 2014 B. Continued from October 7, 2014: Public Hearing: AP 14-002 Polaris Pre - School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition 1.4d) Pertaining to the Parking Lot Design Approved Meridian City Council Meeting Agenda — Tuesday, October 21, 2014 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Department Reports A. Public Works: Discussion of Subgrant Agreement with Idaho Department of Environmental Quality (IDEQ) and Authorization for Staff to Sign the Agreement Approved B. Public Works: Budget Amendment - IDEQ Source Water Protection Grant for • • --• Amount of $23,000.00•• -d C. Parks Department: Christmas in Meridian Donation Discussion and Approval Approved 1. Christmas in Meridian 2014 Sponsorship Agreement Between the City of Meridian and Connections Credit Union for a Not -to -Exceed Amount of $1,000.00 2. Christmas in Meridian 2014 Sponsorship Agreement Between Idaho Independent Bank and the City of Meridian for a Not -to -Exceed Amount of $500.00 3. Christmas in Meridian 2014 Sponsorship Agreement Between All American Insurance and the City of Meridian for Amount of $500.00 4. Christmas in Meridian 2014 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not -to - Exceed Amount of $2,000.00 D. Human Resources and Legal Departments: Social Media Policy and Social Media Procedure E. Resolution No. 14-1026: Adoption of Social Media Policy and Social Media Procedure Request to bring back to the November 5, 2014 meeting F. Community Development: Unified Development Code Changes - Title 11 Amendments Discussion G. Community Development: Adoption of Communities in Motion 2040 - The Regional Long -Range Transportation Plan Adopted H. Community Development: Resolution No. 14-1027: Endorsing Communities in Motion 2040 - The Long -Range Transportation Plan for Ada and Canyon Counties Approved Meridian City Council Meeting Agenda — Tuesday, October 21, 2014 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop October 21, 2014 A meeting of the Meridian City Council was called to order at 6:10 p.m., Tuesday, October 21, 2014, by President Charlie Rountree. Members Present: Keith Bird, Charlie Rountree, David Zaremba Joe Borton, Genesis Milam and Luke Cavener. Members Not Present: Mayor Tammy de Weerd. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Kyle Radek, Justin Lucas, John Overton, Mark Niemeyer, Steve Siddoway, and Dean Willis. Item 1: Roll -call Attendance: Z.7RM X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _X_ Lucas Cavener Mayor Tammy de Weerd Rountree: I'm going to open the regular City Council meeting for Tuesday, October 21st, 2014, at 6:10. First item on the agenda is roll call vote. Roll call, please, Madam Mayor. Or -- not Madam Mayor. She's gone. Madam Clerk. Item 2: Pledge of Allegiance Rountree: Next item on the agenda is the Pledge of Allegiance. If you'd stand and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Trey Drake Rountree: Is there somebody here to provide the invocation? Thank you. If you would all join us in the community invocation. Welcome. Drake: Oh, God in Heaven, thank you for the City of Meridian. And, Lord, I just pray for peace for our city, all the citizens and thinking of the -- the firefighters and the police officers, the teachers, all those servants who support us and make this city go and so we just pray for them, Lord, and also for the peace of the people who live in this town also, the families and just praying that you would protect them, God, and that all the needs would be met or that there wouldn't be anybody that would be -- that would go hungry or would need somebody to come alongside of them and we just pray, God, that you would take care of them and, Lord, we just pray for our -- these people here tonight. We are thankful, God, that we live in a nation where we get to elect our representatives Meridian City Council October 21, 2014 Page 2 of 68 and we can live free in a way to choose our leaders and so I just pray, God, that you would give them wisdom to make good decisions on how they spend money and the direction of the city, Lord, we know your Word says that righteousness exalts a nation and so we just pray, God, for righteousness to rule over Meridian and these people's hearts tonight and every night and so we just ask God that you bless them and encourage them and it's in Jesus' name we pray, amen. Item 4: Adoption of the Agenda Rountree: Thank you. Next item is the adoption of the agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: On the Consent Agenda, 5-D resolution number is 14-1025. On Action Items, Action Item 8-A has a request by the applicant to continue that to November 5th, 2014. the resolution -- proposed resolution for Item 9-E is 14-1026 and Item 9-H the resolution for -- proposed resolution number is 14-027 and with that I move we adopt the agenda. Milam: Second. Rountree: It's been moved and seconded to adopt the agenda. All those in favor signify by aye. Opposed same sign? Thank you. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of September 22, 2014 City Council Strategic Planning Meeting B. Approve Minutes of October 7, 2014 City Council Regular Meeting C. Recreational Pathway Easement Between Brighton Development, Inc. and the City of Meridian for Messina Meadows #5 D. Resolution No. 14-1025: A Resolution to Retire Police Canines BLITZ and BOWSER E. Approval of Sole Source Purchase for Mtell Predictive Analysis/Conditions Based Management Software and Professional Services from Mtell Meridian City Council October 21, 2014 Page 3 of 68 F. Development Agreement for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District G. Findings of Fact, Conclusions of Law for Approval: MDA 14- 004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. #1051844653 and #108101151) for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision H. Findings of Fact, Conclusions of Law for Approval: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts I. Findings of Fact, Conclusions of Law for Approval: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District J. Findings of Fact, Conclusions of Law for Approval: CUP 14- 002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 11-213-4 in the Proposed C -C Zoning District Rountree: Next item is the Consent Agenda. Bird: Mr. President? Rountree: Mr. Bird. Bird: As stated in the adoption of the agenda, Item 5-D is -- the resolution proposed for 14-1025, which is to retire police canines Blitz and Bowser and with that I move that we accept the Consent Agenda and for the President to sign and the Clerk to attest. Milam: Second. Meridian City Council October 21, 2014 Page 4 of 68 Rountree: It's been moved and seconded to approve the Consent Agenda. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: And I believe the folks that just got up might have been here for Action Item 8-A, the public hearing on Jericho. If there is anybody else in the audience that is here for that particular item, that's going to be continued until November 5th. So, you're welcome to stay, but you have got -- your evening is freed up if you wish to go, so -- thank you. Item 6: Community Items/Presentations A. ACCEM Joint Powers Agreement History Discussion Rountree: Next item on the agenda is the community presentation of ACCEM Joint Powers Agreement. Hardman: Good evening, Mr. President, Members of the Council. My name is Doug Hardman, I'm the director of Ada County Emergency Management and I was asked by the clerk's office to come by this evening, give you some background information on the joint powers agreement that I believe is before you this evening and answer any questions that you might have and I will keep this brief. Idaho Code 46-1009, called the Local and Intergovernmental Disaster Agencies and Services. It's simply noted that each county shall maintain a disaster agency or participate in the intergovernmental disaster agency, which has jurisdiction over and serves the entire county. Well, I did a lot of research when I started -- I have been here about 25 years and I went and I found in the late 1950s when Ada County decided to create this entity, they decided to create an intergovernmental agency. I think their wisdom back then -- they know that this was beyond any one jurisdiction's capability and all need to work together to do this. So, they created an entity with Boise city and it was called the Ada -Boise Civil Defense. They also approved a 15 member advisory council to help direct those -- civil defense is what it was called back then or emergency management activities. In the 1960s as the city developed the leaders decided there was a need for input from the other cities as they incorporated. So, they asked them to join in and be a part of the advisory council for civil defense. They also, then, created a budget and it was split among those member agencies based on population. Over the years, as I said, -- well, obviously, from the '60s and 70s there has been a lot of changes. Every time there is a new director usually there is a new name and so a lot of things have occurred. One of the biggest ones is in the early 1990s -- about 1991 Ada County Highway District was asked to become a voting member and be a part of the joint powers agreement, because of all -- they own all the heavy equipment and roadways and are a major player in a disaster. So, they joined in. So, today it's called the Ada County Emergency Meridian City Council October 21, 2014 Page 5 of 68 Management Executive Council. It's made up of six cities, the county, and the highway district. There are ten voting members. The six mayors of each of the cities within Ada County, two county commissioners, one ACHD commissioner and one Boise -- additional Boise city council person. For Meridian that's been Mayor de Weerd and Councilman Bird has sat in on many, many meetings as her backup representative. There is membership dues associated with membership in the joint powers agreement. It's, again, based on population for cities and the county. It's -- currently what we are paying is about 33 cents per resident for the population, so for Meridian, to give you an example, Meridian's dues for fiscal year 2015 -- 2015 in the future is about 28,000 dollars. My total budget of -- or the total membership dues is about 288,000 dollars. So, pays about ten percent of that, which is about five percent of my total budget overall. Ada County recognizes it's their responsibility by code to provide this service, so Ada County pays 55 percent of all the dues. They pay of all the county and the unincorporated area again. ACHD pays a flat rate. The joint powers agreement -- what does it mean? It was -- there was a joint powers agreement when I started in 1989. It was updated again in 2005 and this last year we updated it one more time to reflect some of the changes in the past. The joint powers agreement -- really what it does is it insures that each of the cities and their representatives have a seat at the table with the other elected officials. They have a voice at the table to help guide decisions and policies towards making our communities safer and by that I mean it's things like participants of the mayors and county will jointly identify plans for an assessed hazards and risks affecting residents of all of Ada County and you will help guide future preparedness efforts across all mitigation, preparedness, response and recovery activities and you will help set priorities for the development of reaching of what are called core emergency management capabilities. It's planning, training and exercising. So, by being a part of that joint powers agreement you get an active voice and in that with the other cities and the highway district. Our role then -- my office -- I have -- we are a staff of four and a half people. It's our job to make sure that we implement the joint powers agreement and we also meet all the federal requirements that come with that and because we receive federal funds and so do many of your entities -- I'm sure you're all aware there are so many federal laws governing all the hoops you have to jump through to be eligible for certain funds, so a big role that my office plays is to insure that we meet all those. To give you an example, every community has to have an all hazard mitigation plan if you're going to be eligible for pre -disaster mitigation grants and post -disaster. An example in Snohomish county, they had the big landslide, they requested a federal declaration. They would not have received federal financial assistants had they not had that all hazards mitigation plan. So, what my office does is makes sure that we have that in place and that covers the six cities, the county, and the highway district. So, all plans that my office does covers all the cities and on your behalf. Every community is required to have a hazards materials plan according to the Emergency Planning and Community Right -To -Know Act. Following Hurricane Katrina FEMA requires an evacuation plan and I won't bore you with the list. There is many, many, many there and our office works on those plans regularly. We also assist and funded for the City of Meridian a continuity of operations plan or business continuity plan and we also finished emergency operations plans for each of the six cities and the highway district. So, we facilitate all that. We facilitate training through National Meridian City Council October 21, 2014 Page 6 of 60 Incident Management System compliance. We provide also facilitation and assistance with exercises -- emergency drills and exercises and the list is long of the training and exercises that we have done over the years. So, we facilitate all that and, then, the final thing is the equipment. We also manage the homeland security grant program and come with that is some pretty significant federal dollars to purchase certain equipment to make the community more prepared for high risk events like terrorist events or major catastrophes and we facilitate that as well. And, again, as I stated earlier, the joint powers agreement -- I have got about half the cities signed. The other half should be done in the next two weeks and I think the elected officials -- sometimes it's challenging to get all the cats going in one direction, but when it comes to emergencies and planning for, training for and being prepared, our working together is a good thing. And, Mr. President, with that I will stand for questions. Rountree: Questions for Doug? Bird: Mr. President? Rountree: Mr. Bird. Bird: Doug, they have created a new office -- you say you got four and a half people. And excluding -- what is financing this office besides our dues? Hardman: What is the financing? Bird: How -- who is paying for this new office? Is it general funds out of the county or what? Hardman: Mr. President, Councilman Bird, it's -- some of the changes that were made are not very intuitive and they are a little hard to follow, but my office is the same. What has changed is the name. Ada City County Emergency Management is now the name for the, ten executive council members. That's Ada City County Emergency Management. They changed my name from that to the Ada County Department of Emergency Management. So, nothing else has changed. We used to have five and a half positions. I just had an individual retire three weeks ago. So, as of today we are at four and a half. The funding is -- Meridian pays 28,000 out of 288,000 in membership dues. Ada County pays 160,000 of that. Bird: I understand. Hardman: The other half of my budget, then, is made up with federal matching funds of about 240,000. Bird: Okay. And our new executive board -- as it used to be they made the decisions of what was purchased and what was done and stuff, am I not right? And now they -- now them and TAG are just advisory people? They don't make the final decision? Meridian City Council October 21, 2014 Page 7 of 6B Hardman: Mr. President, Councilman Bird, the subcommittee, like the local emergency planning committee, the technical advisory committee, any other committee that the executive council forms is advisory in nature and they make their recommendations not to me, but to the executive council. The executive council, then, makes their vote and their decision on what they want to do and ultimately who signs the very one is Ada County commissioners. Bird: The Commissioners have the final say. Hardman: Correct. Bird: What the executive council decides isn't -- isn't necessarily what will go down if the commissioners don't want it to; am I not right? Hardman: Well, that was -- the discussion was that it would very rarely happen that they see it, but ultimately because the grants go to the Ada County commissioners and the commissioners by the grant have to sign and approve everything, that that's their -- the county attorney's interpretation of that. Correct. Bird: Doug, can you answer another question? Are we required to be members to receive any of these federal grants? Hardman: Councilman Bird, I do not believe that you're required to be members, but I can tell you that the only entity the state of Idaho -- the federal funds come down to all 50 states. From there they distribute it to 44 counties -- Bird: I think that's right Hardman: -- and there is about ten specialized items -- state teams. They do not transfer directly funds to any city that I'm aware of. Bird: Okay. And that's -- I know they have to come through the county, but do you have to be a dues paying member to receive any of these if you need it? Any of these federal grants? Hardman: Councilman Bird, I do not think that you have to necessarily be a member, because we have given money to entities like the American Red Cross for shelters and whatnot. They are not dues paying members. Bird: Okay. Well, Council, I -- this -- I want to -- I'm not ready to vote on this resolution tonight. I think we need to have some more clarity. I'd like to talk to our two representatives from TAG and also the representative on the Council that voted for this agreement before I make a final vote. I'll leave it to the rest of you. Rountree: Any other comments, questions for Doug? Go ahead. Meridian City Council October 21, 2014 Page 8 of 68 Cavener: I just want to make sure that I have got enough clarity on this. So, currently under this -- this agreement there is a scenario that exists where the -- if the quote, unquote, advisory would make a recommendation and if the county commissioners disagreed with that, that would void the recommendation from the advisory board? Hardman: There is a ten member advisory board Cavener: I understand that. Hardman: If they -- it's my understanding they could make a recommendation and ultimately the commissioners could deny it. Cavener: Okay. Appreciate that clarification. Thank you. Rountree: Further questions? I have a question for Mr. Nary. Bill, wasn't the previous action on this item approval of the JPA and not subject to this information, but this information would come to us or is that document still needing authorization? Nary: Mr. President, Members of the Council, what I was going to suggest -- what's not included here, which you previously passed, is a resolution that approved the JPA, along with the bylaws and what you have in here are all of those documents, but don't have any approving documents that goes with it, like a resolution. So, certainly if the Council would like a little more time to ponder this and to consider that -- my intent would be to bring back a resolution for you to approve with these documents that are already attached. If there needs to be further discussion, then, I think that can be done at the meeting level -- Rountree: Okay. Nary: -- not at the Council -- not here. Rountree: All right. No further questions, what's the Council's desire? Bird: I desire to bring it back in two weeks. Rountree: Is that a motion? Bird: That's a motion. Bring it back November 5th. Cavener: I will second that. Rountree: It's been moved and seconded to bring this draft resolution back to Council on November 5th. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. Meridian City Council October 21, 2014 Page 9 of 68 MOTION CARRIED: ALL AYES. Hardman: Mr. President? Rountree: Yes. Hardman: If I can help in any way, get you any other additional information, just contact me. Rountree: We will do that, Doug. Thank you for being here. Appreciate it. B. Annual Lakeview Golf Course Update Rountree: Next item on the agenda is the annual Lakeview Golf Course update from Erik Oaas. Good evening, Erik. Oaas: Good evening. Get the presentation on the screen here. President Rountree and Members of the Meridian City Council -- can you hear me okay? Okay. Can you hear me okay now? Can you hear me -- can you,hear me now. There we go. Okay. It's a pleasure to be here before you tonight to again talk about what we call the Lakeview Golf Course progress report. We call it a progress report, because it is a work in progress. We don't -- we certainly don't claim -- and never have claimed that -- that we have got to be all and end all at the Lakeview Golf Course, but we are making what I consider to be substantial progress year after year. How do I -- how do I advance the screen? Rountree: I'm sure you don't know anything about the Polaris Preschool. Oaas: I could speak for hours on that. Next slide. So, just very briefly, an operations update for where things are at. As I mentioned to you last year, there is no changes to Lakeview Meridian investors. It continues to be the lessor of the links of the city. Oaas Lee are the -- continue to be the sole members of the LLC. We have received a letter of good standing from the City of Meridian, which we are very pleased to have, which, of course, indicates that we believe and'the city believes that we are in full compliance with the -- all terms of the lease. The golf industry nationwide remains relatively flat. I think that we see -- we are seeing here in -- at Lakeview a slight uptick due to the excellent course condition and what we consider to be a real customer service focus. Our management personnel has changed from last year. We have a new director of golf operations and food and beverage manager. His name is Patrick Moad. Patrick has over 20 years experience in the golf business with -- primarily with the military, but also seven years with the Plantation Golf Course here in town. Our marketing director and office manager is Mary Claire Norman. She, too, has tremendous experience over ten years here in the valley and, then, our course superintendent and groundskeeper is Rich Rush and the only thing I can say about him is he's the best. We truly believe we have the best groundskeeper and we are pleased with the golf course now and into the Meridian City Council October 21, 2014 Page 10 of 68 fall of the year. It's incredible. Maintenance in 2014. All -- all the maintenance per the requirements of the lease have been -- have been performed per plan. We have also removed the dead trees near the parking lot. We have a tree -- another dead tree on the 14th fairway that will be removed here within the next two weeks and we plan to trim up the two nearby trees at the same time. We also at that time will remove the -- there is another dead tree -- Poplar tree near the number one tee that needs to also come out. This year we also planted the decorative grasses on the dike on the pond and the driving range to -- to give a little bit better of a backdrop. It's such a beautiful scene to look out there at the -- at the Lakeview driving range and the Lakeview pond with a fountain, that the only drawback is that dike that we have to put in when we lose the irrigation water at the end of the season. We -- we pump water from our wells into that smaller part of the pond. We continue to repair multiple mainline irrigation breaks. We had another one today and this year, from a maintenance standpoint, there really has been a concerted effort to really control the weeds on the golf course much better than -- than we have been able to do in the past, because we acquired a -- a sprayer and it really, really has done a -- made a big difference. Just a couple of pictures here. One -- the one on the left is -- I took it this afternoon, but I mean it's just -- the course is just absolutely incredibly beautiful for this late in the year. It's just -- it's unbelievable. Down in the lower right-hand corner this is the new rerouted cart path behind the number eight green that for -- you know, for quite a period of time was creating problems with -- with some of the local -- the local subdivision that borders the area, because we had carts driving on the -- on the sidewalk, but what we did is we -- we just simply cut the turf, rerouted the -- the cart path and -- and, believe it or not, it's just completely taken care of the problem. I mean I was sort of a little bit of a doubting Thomas, I thought people would drive on the -- on the sidewalk anyway, but it's a simple, clean, solution that has worked really well. This is a picture of the -- of the tree on the 14th fairway that will come out. These poplar trees and cottonwood trees were planted when the golf course went in and they provided an awful lot of good shelter, but certainly have a life expectancy and one by one, you know, we take them out as they die. The other thing -- just back to -- the other thing to notice in this picture are all the -- the new young trees that we are planting. You can see that are growing in underneath the shadow of these cottonwood trees and, again, we are -- we are trying to sort of get to a point where we don't have to have, you know, a big break when we take a tree down, but we are continuing to beautify as we go along. Capital improvements for the year. The two on the top are two that are in process and we don't have them completed yet, so I have only listed the items that -- that have already been completed for the year. But we are in the process of buying five additional golf carts. It's -- it will be about 13,000 and we will time them most likely so that we -- we have them before the start of the next season, even though we will put the order in this year and start paying for them as -- in between now and spring. The number eight green is -- has always been a challenge and it's been a challenge - not -- not just because of -- a normal challenge we like to see on a golf course, but -- but it's been likened to playing on the surface of a bowling ball and it's -- it's very, very difficult to have the pin placement on that green anywhere that -- that's reasonable. So, we -- we have in place a tentative plan to rebuild that green and to potentially take some of the -- some of the turf from the green and expand the chipping and putting area near the clubhouse and -- Meridian City Council October 21, 2014 Page 11 of 68 Rountree: Excuse me, Erik. Is that number nine, not number eight? Oaas: I'm sorry. It's number nine. Excuse me. Nine is the -- thank you, President Rountree. It is -- it is number nine. But we -- due to the -- due to the cost that's involved we are trying to -- you know, to find a way to sort of do it in phases, but the first -- the first part of this or what we tackle first will be the -- the rebuild of the green itself. The Toro sprayer I have already talked about and, again, it's made just a huge impact having that when we need it, rather than having to borrow it, you know, for -- you know, what we would take care in a normal day. We have purchased some new capital equipment for the kitchen and put it in place and, again, you have seen pictures of the rebuilt cart path on number seven green. So, for what we have completed and paid for year to date, it's about 7,700, but, you know, there will be additional spending between now and the end of the year. The current challenge is no surprise here. The irrigation system inadequacy continues to cause problems and it's a substantial cost to -- to replace it. We continue to remain hopeful that -- that we will -- we will be able to work with the city and use the city's reclaimed water, but we understand -- we also understand that there are substantial hoops yet to go jump through and -- and with the EPA's NPDES permit for the city -- not in final form yet, we are just trying encourage all -- anyone and everyone to make sure that their voices are heard at the public hearing when that will be -- I presume it will be within the next month or so. We believe -- again, we believe the reclaimed water is just an ideal -- is an ideal use of that water, rather than having to use irrigation water that could be used for crop growing opportunities, why not use the reclaimed water and it certainly makes a lot of sense. Current opportunities. The loyalty of the Lakeview Golf Course golfers is incredible and growing. Our men's and women's associations remain very active and involved and, of course, maintenance, as I have said over and over again, is excellent and if you -- if you -- if you don't keep the course in good shape, the rest of it doesn't really matter. We had a -- just back to this -- here is a quote that, you know, I asked Ken Marler if I could use this and he said sure. But Lakeview Golf Course greens are equal to or better than all of the courses in the valley and he's a guy that plays -- he plays all over the place. He owns the Express Cafe here in Meridian, very credible and -- and a good, loyal supporter of the golf course. Our capital improvements plan for seven years -- you have seen this before. The only change to what you have seen before is -- I'm just sort of showing what is underway according to the seven year plan and what -- we bought golf carts -- five golf carts last year and we are buying another five this year and, again, I got number eight green here, but this -- it's actually number nine is the one that's underway and -- and it will potentially, depending on cost -- it will spill over into the -- the expansion of the putting green and chipping area. Bunker renovation. The car path replacement, as I said before, the work that we did behind the number eight green this year is part of that effort and landscaping projects is sort of a catchall, but -- but all the nearly 200 trees that we planted and the beautification that we -- that we do and put in place around the course is -- is underway and will continue to be underway. And last, but not lease, I would never feel good if I didn't do shameless advising. We are offering our -- our fall pass to be bought online at teetiming.com and also -- we are also trying something new in our restaurant and that is we are publishing ahead of time the -- the Meridian City Council October 21, 2014 Page 12 of 68 daily special for dinner for each -- each night of the week for each month and we will change it up depending on the popularity and how well it seems to go over, but we are publishing that and printing that and putting it on all the golf carts, putting it in the pro shop and -- and even potentially in the local news -- homeowners newsletters. With that I just want to say thank you to the City of Meridian for all your continued support and we greatly respect and honor the privilege that you have given us to lease the golf course and we believe we are doing a great -- great job in managing the jewel for you. Any questions? Rountree: Questions for Erik? Bird: Mr. President? Rountree: Mr. Bird. Bird: Erik, on your -- on your golf carts, are they not replacements or are they new golf carts that you're adding to your fleet? Oaas: These will be additional carts. Bird: Yeah. Your fleet. So, they are really a capital improvement. Oaas: Yeah. Bird: Okay. Oaas: We have -- right now we have 39 carts and that's what we had last year when we added the five. But we -- we will be adding five to the 39, so it will bring us -- bring us up to, you know, mid 40s and -- and there seems to be sort of a magic number of about 55 in a fleet, but -- those -- that's is derived from courses where -- where patrons can't use their own golf carts. So, 45 for us is really the target we are after. Bird: Okay. Thank you. I just -- I didn't know if they were replacements or additions to your exiting fleet. Milam: Mr. President? I just have a question regarding the cost of the -- in your seven year plan you have the cost of the rebuilding of the green on eight -- or nine, 5,000 dollars, but the first slide you showed us that had the error on it, showed a cost of like 13,000 dollars. Is it 13,000 or is it 5,000? Oaas: The seven year plan that we put together -- well, over a year ago was just a best guess estimate. It's -- the cost for redoing that are based on contemporaneous estimates that we received from the people that we will be working with. Timberstone, Raven Golf Course, Raven Golf Club, they do a lot of greens rebuilding and they will be partnering with our team to do this work. So, it is quite a bit more expensive than what we had budgeted, you know, last year. Meridian City Council October 21, 2014 Page 13 of 68 Milam: Okay. So, the seven year plan was last year's budget and the other slide with the 13,000 was current, you just haven't updated the seven year plan yet? Oaas: That's correct. What we should do is -- is update that with what the current numbers are and, Councilman Milam, that's a good fix. I appreciate that recommendation. Milam: Thank you. Cavener: Mr. President? Justin, you're controlling the slides? Could you maybe go back to -- I think the update. Right there. Okay. So -- and this is -- I think maybe there being some inaccuracies besides this slide where some of our confusion is coming from, so you can clarify for me -- number eight green, that work is completed, it's underway? Oaas: No. No. President Rountree corrected me. It's number nine that's underway. Number eight has not been touched yet. Cavener: Okay. And is the assumption, then, that the cost to rework or repair, rebuild that green is going to be more than 5,000 dollars then? Oaas: Number eight -- for number nine absolutely. Yes. It's going to be somewhere between 15 and 25 thousand dollars. Cavener: So, yeah, it's not 13, then, that is in the previous slide? I apologize, I'm just trying to follow the numbers. Oaas: Understand. Understand. Fifteen to 25. Yeah. Cavener: And then -- so, in reality, the number eight green has not began, but the number nine has? Oaas: That's correct. Cavener: And your estimation on the progress on that, are we ten percent there? Are we 50 percent there? Are we 80 percent there? Oaas: We are zero -- well -- Cavener: So, it's really not underway then? Oaas: Well, it is underway, we have contacted the contractor, we are trying to get some breakdown -- excuse me. We are trying to get some breakdown of the cost to see how we might be able to do this in phases, but -- but in terms of actually getting shovel to the ground, it's zero -- zero percent complete. Meridian City Council October 21, 2014 Page 14 of 68 Cavener: Mr. President, follow up? Rountree: Please. Cavener: Some clarification on these -- these other projects that are listed as underway— Oaas: Uh-huh. Cavener: -- how many of them has work actually began? Oaas: Well, the golf carts, as I indicated, we bought five last year, we are in the process of buying five this year, so that -- that's underway. The cart path replacement, we rebuilt or re-routed that cart path behind number eight green, so that is underway, you know, this is a -- it's a seven year plan and, then, the landscaping project with the trees that we have planted -- oh, plus -- plus the beautification on the dike that we have this year, that is underway as well. Cavener: Mr. President, one other follow up if I may. In your best estimations on those, then, the progress, your -- maybe for your seven years plan, are you 20 percent there, are you ten percent there, ahead of schedule? I mean do you feel that you're meeting your benchmarks or you're running behind or you're ahead of schedule? Oaas: No. Councilman Cavener, good question, but, no, I believe that we are ahead of schedule. Cavener: Thank you very much. I appreciate it. Oaas: You bet. Cavener: Thanks for helping me through that. Oaas: Oh, you bet. I apologize for the confusion. Rountree: Other questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: One, thank you for the report and very much want to thank you for separating the golf cart path from the public sidewalk. While that was a problem I heard from plenty of people that it was a problem and immediately as it was fixed -- I forget, I'm thinking four or five, six months ago now, I heard immediately from people how much they appreciated that. So, that was a positive step and a good thing along Talamar Meridian City Council October 21, 2014 Page 15 of 68 there where there was some confusion and conflict. About the EPA public hearing, if you learn when that's going to be can you post it on the bulletin board, so that people that come to your clubhouse frequently can know, ah ha, this is it and maybe participate. Oaas: Councilman Zaremba, good suggestion and, yes, I'm -- I had the pleasure of going through the wastewater treatment plant. What an incredible facility and I think I have a much better understanding of the -- not only of what they do and the challenges that they have, but -- but the challenges of actually being able to utilize this water are not as simple as yes, no. Zaremba: Well, the reclaimed water part of that is -- is quite a project and we are happy to have the city taking the lead on that, it's a good thing, and we are hoping that you will be able to use some of that at some point, so that will probably be a joint effort I'm sure. Oaas: We are certainly hoping that's possible and we -- we commend the City of Meridian for taking that step. You're way ahead of the curve with any other city in the valley, including the city of Boise. I comment you. You're doing a great job. Zaremba: Good. Thank you. One last question and this is back on a subject that a couple of other people have asked and that's on the golf carts. In relationship to all of the property there, the buildings and the grounds, my understanding is if ever the lease comes to an end, those things need to be returned to the City of Meridian in reasonably good shape, wear and tear accepted. The golf carts are a different thing, though. You mentioned buying golf carts and the capital investment in them. Would those become property of the city at the end of the lease or is that something that you would keep and sell? Oaas: Well, Councilman Zaremba, I think that's a good question, but any -- with the city making the -- the commitment -- the annual commitment of the 6,000 dollars towards the lease, that, obviously, would have to be reconciled with any assets that were acquired along the way and the city would have to be reimbursed and so I don't know whether -- whether some would belong to the city and some would belong to us. I guess I'd have to talk to our esteemed general -- or City Council -- counsel -- Mr. Nary and see what -- what he says about it. I don't have the answer to that. But the city most definitely would -- would -- if the carts are deemed to belong to the city, then, they would go back to the city. Zaremba: I was just looking to see whether Mr. Nary had a comment to throw in there or not. Not to put you on the spot. Nary: That's fine. Mr. President, Members of the Council, I was going to pull the lease up, but it's going to take me more than a minute to do that. I don't recall their specific language in regards to the ownership of those assets. They certainly are a consideration, so I think Mr. Oaas is right, if they are used as a consideration for the release set off, then, there is value that he's placing on that and not requiring the lessee Meridian City Council October 21, 2014 Page 16 of 68 to pay the 6,000 dollars. But I don't recall specifically if the language of the lease spells that out or that would have to be in a separate agreement. Obviously, there is some consideration to it, but I don't think we -- I don't think that particular detail in my recollection is spelled out in the lease, just how to determine that if we got to that point. Zaremba: Thank you. Rountree: Questions? Milam: Mr. President? Kind of along the same lines is I was reviewing the letter from this year regarding the capital improvements that were made. The seven year plan looks great. That -- to me this is wonderful, this is capital improvement. Now, from a business point of view -- and, you know, I'm kind of new, so -- but from my business background I'm looking at these other items as personal property versus capital improvements, which would be more of a fixed asset type of thing. I know it's a little bit different in this scenario, but I just need a little bit of clarification, please. Oaas: Councilman Milam, good question. I understand what you're -- what you're driving at in terms of what is capital, what isn't capital, and we have had -- in the golf course focus group we have had this discussion a number of times and I -- from -- I think the last -- the last time we had this -- this discussion just -- just about a month or so ago, the concern was, as you pointed out, are- -- you know, the kitchen -- the improvements in the kitchen, should they be considered capital and from my perspective and the golf course focus group, it endorsed this ultimately, but from my perspective the -- the lease requires that we provide a restaurant at the facility and that's an absolute requirement in the lease. We -- we don't want to put ourselves into a position where nothing -- nothing gets improved in the kitchen and in the restaurant, because the terms of the lease require that -- that be in place and operational and -- and unless -- unless you, essentially, pull all the kitchen equipment out and -- and have to replace it all at once, it will be replaced piecemeal as it comes up. The equipment that we bought -- that we bought that you're referring to is -- it's substantial equipment. It will be around for ten years. The last -- the last fryer that we had in the kitchen essentially had to go, because it was a fire hazard. It was leaking oil. And the new -- the new fryer that we bought is bullet proof and it will be around. The last one was around for ten years. This one will be around for ten years plus. So, in answer to your question I think we need -- we need to understand that -- that that equipment will be replaced piecemeal and the individual components -- it may not be a capital item, but we -- we don't want to put ourselves in a position where nothing gets repaired, nothing gets replaced, and, then, the -- then we are not able to live up to the terms of the lease. Rountree: Additional questions? Borton: Mr. President? Rountree: Joe. Meridian City Council October 21, 2014 Page 17 of 68 Borton: In follow up to Council Woman Milam's question, which I think hit the nail on the head, what you have got on the screen before us now clearly depicts what's contemplated as capital improvements, improvements that are constructed and when I look at the terms of the lease most recently in 2013 and back in 2005, the concept of capital improvements always makes reference to construction -- use the word construction, you know, uses the approval of plans and it contemplates very clearly that these are the types of items that, obviously, the city would want to incentivize to improve the real property that -- that you're managing. The remark with regard to golf carts and what's on the list now, you know, none of these items are on the list before us today. Perhaps they are on next year's list with documentation, but items such as a couple pieces of kitchen equipment and golf carts I don't think are anywhere close to what's contemplated by capital improvements. It's an expenditure. It's a cost of doing business. It's not different than buying tables and chairs and pencils and pens. It's equipment that you use to operate and the comment that there may be confusion about golf carts and what comes back to the city and there may be some accounting, from my perspective that's absolutely not what's contemplated by the lease or if the city were giving rent relief for the acquisition of a hot dog roller or a fryer, with the idea that that's kind of what the city is buying and we are going to get that back, I don't -- I don't believe that anyone, nor does the language of the lease contemplate that. So, from my perspective what is incentivized for you is to accomplish the projects like what's displayed here. You know, you come back and show receipts of 6,000, 10,000 for digging up the green and improving a green or landscaping, cart path, things of that nature or the capital construction improvements to real property that benefit the city in exchange for the rent. That's how I see it. So, I think perhaps next year with this list you may very well come back and have -- you know, showing expenditures towards this list of items, which is exactly what I think the city wants to see. But I don't think the tangible personal property expenditures that you have got -- you could probably have a list ten pages long of fryers and tables and chairs. That's not what is contemplated in the language of the -- of any version of the lease and it doesn't -- from my perspective it kind of defies kind of the common sense incentive that the city is trying to encourage and reward you for investing in -- in the city's assets, meaning a capital improvement that's truly constructed. So, I think maybe next year you're there. Maybe in prior years you have been there. From what I see that's been expended, I don't think those qualify. I don't know if Finance has told you anything otherwise. I think they are the -- the prerequisite before it comes here, but that's sort of how I see it. I can't get my head around the personal property items being a quote, construction of a capital improvement upon the premises. Nary: Mr. President? Rountree: Mr. Nary. Nary: Mr. President, Members of the Council, I have been looking at the lease while you were discussing this item and -- and I would agree and I think -- and maybe there is a method in the future to capture when -- when those types of expenditures may be relevant to this Council. For example, if the clubhouse burned down and you needed to Meridian City Council October 21, 2014 Page 18 of 68 replace all of the major equipment and appliances all at once, like the refrigerator, stoves, those types of things, this Council could decide that the lessee maybe had fronted that money and wants relief over a three year period to recoup their investment, we would, then, memorialize that with an addendum to the agreement to say we are going to recognize that type of expense as a capital improvement or your carts -- and, again, I'm not a golfer, so you will have to -- you will have to bear with me, but if your carts all went south all at once, you needed to purchase 25 carts all at once to maintain your operation, that's a significant investment. Those are things that I would agree with you, Councilman Borton, would not normally be considered a capital investment, except for the large scale volume of it and that's how we in the city recognize some capital investments that are essentially moveable goods and can be considered to be a capital investment, depending on the amount of the cost. Then we would memorialize that, so that way the lessee would have assurance that we wouldn't have this discussion every year and decide one year it's okay and one year it's not. But in looking at the contract -- or looking at the agreement, I would agree that it wasn't contemplated, because there is two places in here where it says all of those expenses are the lessee's responsibility. The equipment and such are the -- for both the food operation -- so, although it does say they may operate a food service, it does say all the equipment is their responsibility to do it and it says it twice. So, I would agree that it wasn't contemplated that that simple types of replacements over -- for maintenance purposes, a stove here or a fryer there, those kind of things were meant to be capital. I think you could make them capital if it's a large scale volume, but individually I think the lease -- I think it puts the responsibility of this on the lessee, not -- not to the city. Borton: Mr. President? Rountree: Joe. Borton: What one of your points, I haven't been out there much, but I did go out there Sunday and you made a comment about what Rich does. It's in fantastic shape and I have seen it, you know, over ten, 15 years. It's really in great shape and I think that's, again, a testament to my perspective is to -- you know, the little role the city has to incentivize those types of improvements to the ground is fantastic and I think it's improved greatly. I really do. Oaas: Appreciate the comments Rountree: Further questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Mr. Nary made me think of a question. His example of the clubhouse burning down and needing to be rebuilt reminds me that -- I believe there is a Meridian City Council October 21, 2019 Page 19 of 68 requirement in the lease that the lessee carry insurance. Would you confirm that for me, please? One or the other? Oaas: Yes, that's correct. Zaremba: Okay. Nary: That one I don't have to look at the lease. I know they are required to have insurance, yes. Oaas: That's absolutely correct. Zaremba: Thank you. Rountree: Other questions? Comments? Oaas: Mr. President -- Rountree: Yes, sir. Oaas: -- and Members of the Council, I think there is just -- just one other point that I would like to make before you -- you know, before you act and that is that -- that there are years that we have spent, you know, considerable funds well over and above the 6,000 dollars and there is no -- there is no carryover. So, essentially, each year -- each year is a clean slate as it were and -- and so I just -- I guess I would just -- I would just ask that you consider that and -- and in terms of the -- in terms of the -- what we consider capital -- you know, the golf carts, for example, they are -- I guess, again, my understanding of a capital -- capital item is that a golf cart with a useful life of, you know, five years or more, you know, does comply with the definition of capital. So, we clearly understand it. If the restaurant equipment cannot be considered, you know, we understand that, but we also want the Council to be -- you know, to be aware that we are -- we are doing everything we can to keep the place in excellent condition. So, with that thank you for hearing me out. Bird: Mr. President? Rountree: Mr. Bird. Bird: One thing to Erik's last comment. I realize there has been times that you have went over the 6,000, but there has been a lot of times you haven't went up to 6,000 and we forgave you -- have forgiven the lease. So, it's -- it's a two-way street and I agree with Councilman Borton, that to me a capital improvement is something that is built or done that is permanent. A golf cart or a stove or a refrigerator is something -- is something you need to operate your business. I know you can depreciate it and stuff, which you can on capital, but I -- to me that isn't capital and I think our agreement pretty well says that, if you -- or at least that's the way I understand it, but I'm not an attorney. Meridian City Council October 21, 2014 Page 20 of 68 Rountree: Further questions? Comments? Mr. Nary, this whole question of capital improvement has been an issue of debate for 16, 17, 18 years, something like that. We have attempted to refine it over the years to get more clarity and apparently we haven't, because we have issued you a letter of good standing, which is basically you're in compliance with the contract. You have talked about what a capital improvement is with the focus groups and our attorneys and financial people and every year it seems to fluctuate. We certainly have a lot of experts out in the public that think they know what a capital improvement is. So, I guess my suggestion is a clarification statement in the contract that we can come to agreement with Erik -- what is it, what does it look like, how tangible is it, how secure is it, where it resides, who is the ultimate owner, those kinds of things. So, we can hopefully get around this sometime before I'm no longer a Council person. But, anyway, Erik, thank you for the comments. We have received a couple three letters from folks on this item. One very complimentary, sees everything out there going as well as can be and, then, very complimentary, particularly the condition of the golf course and several that are not necessarily so complimentary, but some of them deal with the issue of what's a capital improvement. That issue ultimately will be a decision of this Council and some dealing with the business and business practices of the golf course and I'm going to state this for the record that we are the landlords and Oaas and Laney are the lessors or tenants and the lease did not contemplate nor direct how they do business, what they charge, what programs they have, other than it requires a recreation program with parks and rec for the use, but beyond that we do not and are not involved in the business practices of the golf course. Having said that we have one individual that has requested to provide comments this evening. It is not a public hearing, but we will operate as if it were in terms of timing. So, Ty Gabby has indicated he would like to make some comments this evening. As per any public hearing, even though this is not a public hearing, you may have three minutes to make your comments, so -- are you Ty? Gabby: Yes. Rountree: Come on up. Gabby: Thank you. Rountree: Thanks, Erik. Oaas: Thank you, president. Thank you, City Council. Gabby: Thank you, Mr. President. Rountree: Please state your name and address for us, please. Gabby: My name is Ty Gabby. I am a citizen -- or concerned citizen on the Lakeview Golf Course. Meridian City Council October 21, 2014 Page 21 of 68 Rountree: Your address, please. Gabby: 2515 North Turnberry. Rountree: Okay. It's too official, but that's what we got to do. I'm sorry. Gabby: Want to know my Social Security number? Rountree: Well, if you're willing give it. Gabby: Oh, that's all right. We will -- no, that's all right. Thank you, Mr. President, thank you, City Council, for allowing me to speak. As a member of the Lakeview Golf Course community we are coming to you as extremely concerned homeowners and taxpayers. Previously you have seen a letter outlining our concerns in detail and in the next three minutes that you are allowing me I will touch on some of the points of concern that -- and interest that are most important to us. Lease page 17, paragraph F-4, transfer of partnerships, states that consent to any such transfer shall be refused if the city finds that a transferee is lacking in experience and/or financial ability to render or provide services for the operation of the golf course. The lack of experience and knowledge to run a golf course is evident by the amount of turnover that has taken place in the past year and a half. The course is currently running without a head pro. This affects a great number of facets on the golf course, two of which are tournaments and leagues that are significantly impacted by lack of a head pro. Section 7 of the lease agreement states that there should be list of planned leaseholder improvements. A few years ago we saw improvements on the green of hole number one and the green of hole number six. Since, then, we have not seen any such improvements. If there is a list or an agenda of leaseholder improvements, would it be possible for us to see them? Keep in mind we understand the definition to be improvements to real property to increase the value of such real property, not equipment necessary to operate a food and beverage service as stated page four, paragraph E-3 of the lease, which we have already discussed tonight ad nauseam. Regarding the lease, we acknowledge that we have been trying -- we have been in trying economic times, but that has changed and at what point does the hardship claim end? We again go back to his lack of experience to run a profitable business, to make the small required annual amount of 6,000 dollars. Paragraph 16 provides the city the means to review all records, including balance sheets, P&L statements, and tax returns to determine hardship. Are these records being provided to the city for review? We understand that per the lease they are not to be made public record, but the city has the right to look at them. We as homeowners live on the golf course for a reason. Either we play golf or we just like looking at our windows and seeing green grass as a fairway. Some of us mow, fertilize and weed, seed on the area adjacent to the course and our homes -- Rountree: If you could wrap it up, please. Meridian City Council October 21, 2014 Page 22 of 68 Gabby: Yes, sir. We just want to see this be successful. We don't care who makes it successful. We as a community just want to see a successful golf course and I would be more than happy to take any questions. Rountree: Any questions for Mr. Gabby? Thank you for your comments. Gabby: Thank you. Rountree: Erik, I'm going to give you an opportunity to address any issues you might want to or not. But I do have a question for you. We have been talking I think for the last two golf focus groups about the comment card and that sort of thing. Has that been implemented at this point and, if not, when do you anticipate that? Oaas: We do have a comment card in place, but not -- not the one that -- with all the checkmarks in it and that will be in place before the end of the year. Rountree: Okay. Thank you. Rountree: Do you have any further comments that you would like to make? Oaas: Councilman -- or President Rountree and Council, I think we certainly -- certainly appreciate your -- anyone and every one that is supporting Lakeview Golf Course. We certainly appreciate all the fine showing here tonight. The only -- my final point that I will make is that where is the golf course today compared to where it was when we started and it is substantial -- substantial improvement. So, with that thanks very much. Rountree: Thank you. Bill, the action on this is taken by the terms of the agreement, I believe. We do not have to take an action as I recall. Nary: Mr. President, no. The request is to -- to grant the rent relief, which I think -- what's in front of you now you do have to approve that. Rountree: Okay. All right. Borton: Mr. President? Rountree: Mr. Borton. Borton: To that point and to Ty's comment, again, from my perspective the incentive is -- and I would hope that the golfers and the public have the same incentive is nobody wants any rent to ever be paid and the reason being is we -- everyone wants -- the city in particular wants to incentivize these types of improvements which are listed there. I don't think that's clearly happened for what's presented to us today. I don't think there is grounds under the lease to give the rent relief, but I'm encouraged that with this type of list and this type of capital improvement that next year there will be those expenditures that will support it. That's exactly what the city wants to see and I don't think the public Meridian City Council October 21, 2014 Page 23 of 68 necessarily wants rent to be paid, they would much rather have those funds invested into a particular capital improvement. You know, if they golf there or live there, it benefits them as well, so -- maybe that's the intent, but it did come across somewhat sideways, so I don't think they have met it for this year, but I'm hopeful for next year. Bird: Is that a motion? Zaremba: Mr. President? Rountree: Comments? Mr. Zaremba. Zaremba: The only question I would have on that lease amount is that it's not untypical in leases -- I mean that's -- that's not a huge amount for the city to collect on this operation and, actually, for many years the amount in the lease was zero. It became 6,000 when it went to 18 holes, instead of nine holes. But I guess my question is it's not unusual for that to be an amount that covers administering the contract and I guess my question would be both to Mr. Nary and perhaps to our parks director Mr. Siddoway, is the city investing any time in monitoring and helping with this contract or is it operating independently from oversight and involvement from the city? Rountree: Steve, if you would -- Nary: As Steve is walking up, Mr. President, I guess from our end the financials are reviewed by Finance annually in this request. That's where the original thought -- and that may be what Councilman Rountree was alluding to was that the relief would be granted automatically if Finance approved those. That's why it's in front of you, because they couldn't make the finding that Councilman Borton did -- or made the same is that it doesn't qualify as a capital improvement. You can consider it an improvement. You have done it previously as a Council when you have approved I think with the purchase of batteries to operate the golf carts. So, you can make that decision. Finance didn't feel they could. That's the only involvement they had. Our other involvement is we have the golf course committee -- and I can't remember what it's called, but made up of citizens. Council Member Rountree is on it. Ted Baird from my staff is on it. Folks from the parks department are on it and there they discuss operations and the maintenance. So, that's -- that's the time invested in personnel that we have made, in addition to whatever the parks may do. So, just so you have some reference. That's the time and effort on the city's side of managing this contract that we -- or this lease that we have had. Siddoway: I feel like I'm going to repeat, basically, but our -- the parks department's involvement is limited to the facilitation of the golf course focus group. They used to meet three times a year, they currently meet twice a year, once in the spring, once in the fall, so it's a fairly limited effort. We -- we have citizens that are appointed by the Mayor on that committee that live out on the golf course to help provide feedback, so that they can give -- give feedback to Mr. Oaas and check in on how things are going, Meridian City Council October 21, 2014 Page 24 of 68 but -- so, twice a year we have a meeting a couple of hours and we create minutes from those meetings and that's really the extent of our involvement. Zaremba: So, my take away is this is not being a burden on the city and costing us a lot of money to administer? Siddoway: No, sir. Zaremba: Thank you. Nary: Mr. President? Rountree: Yes. Nary: Mr. President, Members of the Council, Council Member Zaremba, additionally you may remember a number of years ago prior to this lessee there was complaints or concerns that the city's staff were providing some assistance in weeding and spraying and some other things on the course, so there was that level of involvement that doesn't occur today. I would agree with part of your discussion -- there is nothing been contemplated in the past when these requests have been made. Mr. Oaas is correct, it is a year by year snapshot for the Council to review and if the investments that have been made that are considered investments exceeded the 6,000 dollars, all that's contemplated is the relief of the 6,000. If they were under, but based on progress, the Council would consider that to be adequate. That was within your purview. So, we can certainly each year -- maybe it might be better to capture the -- what's contemplated or what's considered, so that we don't have an inconsistency from year to year on what's allowed as an expense in one year and contemplated or considered for the rent relief and, then, in another it may not be adequate or it may not be the same. It may be the same items, but the value isn't the same. So, however you -- the Council would like us to do that or capture those annually, we could certainly do that. If you would like us to do that, what's been done in the past, I can certainly get Finance and we could put together a report for you probably by next week as to what's been done in the past and what's been granted based on what's been provided, if you would like to see that. Rountree: Questions? Comments? Motion? Borton: Mr. President? Rountree: Mr. Borton. Borton: I would move that we deny the request for 2014 rent relief in light of the comments of Council and staff and presentation today. Rountree: Do I have a second? Cavener: I will second that. Meridian City Council October 21, 2014 Page 25 of 68 Rountree: It's been moved and seconded to deny the rent relief. Any discussion? Roll call vote. Roll Call: Bird, nay; Rountree, nay; Zaremba, nay; Borton, yea; Milam, yea; Cavener, yea. MOTION FAILED: THREE AYES. THREE NAYS. Rountree: It's a coin flip. I think in that case, Mr. Nary, it's -- Nary: It fails. Rountree: -- it fails. Yes. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Does it have to be all or nothing? Can we provide a partial rent relief? Could we waive 3,000 dollars? I guess that's a question for Mr. Nary. Nary: I had the lease right -- I believe you can, Council. I will just verify, but I -- I had the lease just a second ago. Let me just grab it. Rountree: I don't think there is any -- anything in the lease that addresses that. Bird: We can -- any amount. Rountree: Any amount. All or none. Anything in between. Zaremba: I'm not understanding that. All or none is the only choice? Bird: No. Any amount. Rountree: No. Or anything in between. Zaremba: Yeah. Okay. Bird: Up to 6,000. Zaremba: With that discussion, Mr. President, I would make a motion that we provide rent relief in the amount of 3,000 dollars and collect the other 3,000 dollars. Rountree: Do I have a second? Meridian City Council October 21, 2014 Page 26 of 68 Bird: Second. Rountree: It's been moved and seconded to collect 3,000 dollars and give 3,000 dollars in rent relief. Discussion? Borton: Yeah. Mr. President. I don't know if that really gets us anywhere. We are talking, you know, a relatively small amount that we are sort of horse trading the lease and not addressing the issues that are really before us. I understand we can do that. We can also continue it a week when we have got a tie breaker here and we will get time to ponder it further. So, that's another option we have before us. Nary: Mr. President? Cavener: Mr. President. Nary: Go ahead. Sorry. Cavener: To Joe's point -- I think the -- I -- if I felt that the leasor would be able to demonstrate that there was one of these purchases that I could justify as a capital improvement, I would be in favor of that, saying, okay, we believe a 50 inch big screen TV for whatever reason is a capital improvement, I would be willing to grant relief for that. But I don't see anything here that I would classify as a capital improvement and so it would be a challenge for me to say, yes, let's grant them relief when they didn't follow the -- the intent of the agreement, in my opinion. Rountree: Further discussion on the motion? Nary: Mr. President, my only comment would be that if -- if the Council wants to grant the relief in less than the full amount, if you would at least in your motion determine what is that based on, so that we have a record. If it's based on the specific purchases, like Councilman Cavener just said, then, we have something to base it on, so next year we are not pondering the same concern or question on what are you granting the relief for. If it's for a specific purchase, that would be preferable, or at least whatever you articulate what you would like it to be relevant to, so we could make sure to capture that intent. Rountree: Does the maker of the motion wish to amend the motion or do I have an alternate motion? Substitute motion? Zaremba: I'm trying to think of how to describe specifically what we are talking about here. There have been improvements made, which is -- I was -- in my mind I was splitting the baby and saying there have been improvements made. There have not been improvements made as fast as I believe that Council thought they would be made in past years and, I agree, I don't see on here things that I would specifically call capital improvements, which is, essentially, being no -- no rent relief, but I don't have a problem contributing towards some of these things, even though they are not capital. That's how Meridian City Council October 21, 2014 Page 27 of 68 I came up with 3,000. Now, that's not a specific number or a specific this project is or this project isn't, but -- and I agree that leaves us open for the same discussion a year from now. But I picked that number because I thought there is progress, there is not enough progress. Rountree: Further discussion on the motion? Milam: Mr. President? Rountree: Yes. Milam: I mean we are really just kind of going in circles, but I look at those as the cost of doing business and, therefore -- yeah, I mean if we want to give them 3,000 dollars out of charity, that's what it would be. It would not be because of our agreement, because he's not met the terms of the agreement and if our -- what we want to do is incentivize him to meet the terms of the agreement do improvements out there„ I don't believe that just throwing charity -- because it isn't going to make or break the business. I don't think that's really going to get us to where we are trying to be at the end of the day. Rountree: Further discussion on the motion? Zaremba: Mr. President? This may not help, but let me throw some numbers in for perspective and this is before the current operators were the lessees. I did actually play a round of golf there. I'm not a golfer, but I just was nosy and wanted to see what the experience was. It was a foursome. We rented two carts. One bag of clubs, because one of us didn't have any clubs. That cost us, this many years ago, about a hundred dollars to do. So, it would take 60 of those foursomes to pay 6,000 dollars. That's assuming that all the cost was profit, but let's say that you took one day and all your expenses went to some other days. Sixty foursomes, if you started one every ten minutes, would take ten hours on a reasonably busy Saturday to make 6,000 dollars. So, to me this is -- this is not a large burden on them to ask them to pay the 6,000 or even the 3,000 that I have most recently suggested. For the previous operators it might have been. You could watch that course all day and not see any players go by. They were struggling and the patrons were struggling just to get by some irritable people who play on the course. So, it wasn't a place that was very attractive, it was not very well kept. There have been considerable improvements and I'm just putting in perspective what 6,000 dollars is. It's about ten hours on a reasonably steady Saturday. Just a comment. Rountree: Further discussion on the motion? Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, nay; Milam, nay; Cavener, nay. MOTION FAILED: THREE AYES. THREE NAYS. Meridian City Council October 21, 2014 Page 28 of 68 Bird: Mr. President? Rountree: Mr. Bird. Bird: I think that we need to delay this a week and -- either that or let it go as -- as nondecided. But I think we need to continue this until next week. Rountree: Is that a motion? Bird: That would be two weeks. Zaremba: To the 5th. Bird: No. The 28th. October 28th. Zaremba: Oh. Okay. Milam: Second. Rountree: It's been moved and seconded to delay this decision for two weeks. Zaremba: One week. One week is the 28th. Rountree: One week. The 28th. One week. Moved and seconded. Discussion? Mr. Bird, would you be willing to add to that motion that the city put together a history of payment of this particular item for all of us to review -- Bird: I would love it. Rountree: -- so the folks that haven't been here forever and could see what the history has been and what the trend has been. Bird: I would add that to my motion happily. Rountree: Does the second agree? Milam: Second agrees. Rountree: Okay. Discussion on the motion? Roll call vote, please. Oh. Go ahead. Borton: Sorry. Rountree: That's all right. Go ahead. Borton: Another option. Meridian City Council October 21, 2019 Page 29 of 68 Rountree: Is this a substitute motion? Borton: It's just talking right now. Rountree: This is discussion. Okay Borton: Is -- again, the incentive is to get these things done -- not the golf cart purchase, but the other -- on this list of the seven year plan -- done from the city, since we are the ones requesting -- also has the ability to -- for this particular year extend the deadline upon which those things have to be done. I don't know if the season's over -- the city has the option, not that you have been provided with clarity on what a particular capital improvement is as we see it, you know, rework green number eight down, those types of activities, and maybe the requester doesn't give them enough time to actually do -- maybe it does, but it's another option. Rountree: I would remind us all that in the presentation there are two projects yet to be done this year that are going to be started this year that are in excess -- way in excess of the 6,000 dollars. Borton: So, maybe it does afford them time. Again, that's what everybody wants is that type of project done. Milam: I was actually just kind of thinking the same -- along the same lines. If we can extend this and let them go do some capital -- actual capital improvements and, then, he would be in compliance with the lease agreement, this would be a moot point. Rountree: Mr. Nary, you have a comment? Nary: Yeah. Mr. President, Members of the Council, mostly for clarification. The reason -- the reason Mr. Oaas is here is that the 6,000 dollars is due on October 1 of each year. Bird: Yeah. Nary: So -- but what normally has been done is exactly what you have seen. Some of it's related to things that have been accomplished in the last year and things that are going to be done over the next year and so it's -- it's not very -- it's not specified in the contract if the rent -- the rent relief is going forward, but it isn't specified that the relief is granted based on either what you have done or what you're going to do. So, it asks if you're going to extend this to make -- to help clarify, so that, again, we may need to create a clarifying document, are they asking for rent relief going forward only or is it both? Because I think it's been done both ways and it's perfectly fine if that's what you want to do, then, we will clarify that that's our intent. I'm just not always clear on whether or not it's appropriate to be asking for something you have already accomplished or whether or not he's also asking for things that they are going to Meridian City Council October 21, 2014 Page 30 of 60 accomplish. So, is that rent relief for this year or does that rent relief come the next year when it's actually completed and that's not -- that's not spelled out in the agreement which way and that's why I think -- in Mr. Oaas' defense that's the way we have been doing it. We have allowed it to be for both. You certainly have the right to extend when that's due in front of you, but his obligation is to pay it now and that's why it's here. Bird: Mr. President? Rountree: Mr. Bird. Bird: On Bill's line, I -- we can -- we can forgive it for six months; right? Nary: Or delay the payment. Bird: We can delay the payment six months and, then, come back and decide whether we make the payment -- delay the payment -- or the nonpayment permanent or make him pay. Am I not right if he don't do what he's got planned here? Nary: Mr. Bird, yeah, you certainly -- you can delay it -- a couple of things. You probably want to hear from the lessee. That may be an issue of how does he contemplate -- if he's going to end up having to pay it in March -- if some of it's construction related he may not be able to do anything until March and so six months may or may not be adequate. But, again, that might be something if you're going to delay it -- if you're going to delay it just a couple weeks to get some findings, that's different, but if you are going to delay the actual payment you may want to hear from the lessee and look at what's a realistic time for delay. Bird: I agree Borton: Mr. President? Rountree: Mr. Borton. Borton: The comment only contemplated -- my thoughts contemplated, you know, 30 days -- sometime relatively soon, just in light of the clarity, so it might not make sense. So, it's not subject to the motion necessarily. Bird: So, we got a motion before us. Rountree: We have a motion before us and a second. Bird: Call for the question. Rountree: You have called for the question. Meridian City Council October 21, 2014 Page 31 of 68 Holman: Are you requesting what the motion was? Rountree: Would you repeat what -- the motion. Holman: The motion was to continue to one week from today on October 28th. Rountree: And the question was called. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda Item 8: Action Items A. Public Hearing: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat Rountree: The next item on the agenda is Action Item 8-A. That item has been requested to continue to November 5th. Do I have a motion? Bird: Mr. President, are you going to open the public hearing first? Rountree: I can open the public hearing. Bird: And, then, we will continue it. Rountree: It's open and you can continue it. Bird: Mr. President, I move we continue the public hearing on TEC 14-006 to November 5th, 2014. Milam: Second. Rountree: It's been moved and seconded to open the public hearing. All those in favor. Aye. It's open. Now do I have a motion to continue it? Bird: That was the motion. Rountree: It was open and continued? Meridian City Council October 21, 2014 Page 32 of 68 Bird: Yeah. Rountree: Okay. One fell swoop. All right. MOTION CARRIED: ALL AYES. B. Continued from October 7, 2014: Public Hearing: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design Rountree: Next item is 8-B. Continued from October 7th. Public Hearing AP 14-002. Polaris Preschool. Staff. Lucas: Mr. President, Members of the Council, before you tonight is the continued -- it's actually a request for City Council review of the Planning and Zoning Commission decision on Polaris Preschool. At your meeting on October 7th the applicant requested this continuance to do a minor redesign of the parking lot related to the Fairview Lakes project and access to Polaris Preschool. We did in memo format provide you with that redesign. Staff has reviewed it, we have consulted with the police department, and have found that it appears to meet the goals that were discussed at the last -- at the last hearing. Staff did have one comment about the pedestrian -- the new pedestrian connection basically needs to be wide enough so that pedestrians can use it and you don't have vehicles overhanging onto the sidewalk, so either wheel stops are provided or the sidewalk is made wide enough so that pedestrians can use it with vehicle overhang. Other than that I have nothing further to add and would certainly stand for any questions. Rountree: Any questions for staff? Bird: I have none, Mr. President. Rountree: Applicant have comments? Tamura: Council President Rountree, Members of the Council, my name is Doug Tamura. I reside at 1124 Santa Maria in Boise and I'm the owner -developer of Fairview Lakes and I appreciate the support from staff and we will just put wheel stops in. We are kind of tight on space, but we need the additional parking, so we met with the police department and felt like that was a good compromise for everyone. So, I appreciate the support. Thanks. Rountree: Thank you. Any questions for Doug? Bird: I have none. Meridian City Council October 21, 2014 Page 33 of 68 Rountree: Thank you. Tamura: Thank you. Bird: Mr. President? Rountree: Mr. Bird. Bird: For Lieutenant Overton. You felt that we could -- didn't need a T in there? Overton: Council President Rountree, Members of the Council, Councilman Bird, when they first made their proposal one of the things they were looking at was how they were going to diffuse the traffic and slow it down and not have it become a main drive aisle going directly to the businesses and under the plan they had two weeks ago I don't think that was possible and going back two weeks I made the suggestion that if they made that somewhat of a where we had some sort of diffusion of traffic calming he could accomplish that goal and the applicant withdrew it, came back, met with me this morning and I believe we have accomplished that to the point that we have taken that main aisle away and we slowed down the traffic coming in. Bird: Thank you. Thank you. Rountree: Further questions? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: It also looks to me like the pedestrians are much more protected by walking up the middle of that parking aisle, as opposed to having a potential of cars backing into them when they are walking. So, this looks like an excellent solution to me. Rountree: This is a public hearing. Is there anyone from the public wishing to testify? Seeing none. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we close the public hearing on AP 14-002. Zaremba: Second. Rountree: It's been moved and seconded to close the public hearing on Item 8-B. All those in favor signify by aye. Meridian City Council October 21, 2014 Page 34 of 68 MOTION CARRIED: ALL AYES. Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we approve AP 14-002 and to include all staff and applicant and public testimony. Milam: Second. Rountree: It's been moved and seconded to approve item 8-B. Any discussion? Roll call, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSTAIN. Item 9: Department Reports A. Public Works: Discussion of Subgrant Agreement with Idaho Department of Environmental Quality (IDEA) and Authorization for Staff to Sign the Agreement Rountree: That brings us to the Public Works reports. The first item is Public Works discussion of subgrant agreement. Mangerich: Good evening, President Rountree, Council Members. I am here to let you know that we have the opportunity to take receipt of a Department of Environmental Quality grant of the amount of 23,000 dollars to be used specifically for the enhancement of two source water protection interpretive elements at the wastewater interpretive center. Rountree: Any questions? Bird: Mr. President? Rountree: Yes. Bird: Mollie, what -- what is the conditions of this grant? Is there any conditions that we should be aware of or does it come free of conditions? Mangerich: It is a reimbursement grant for a not to exceed 23,000 dollars and to be utilized within 14 months, which takes us up to December 2015. Meridian City Council October 21, 2014 Page 35 of 68 Bird: As I understand that, then, we -- we put the money up front and they reimbursed us? Mangerich: Yes, sir. Bird: Up to 23,000? Mangerich: Yes, sir. Bird: With no -- with no conditions of how we have to do it or -- if we have to hire Bacon -Davis people if we hire employees or anything? Mangerich: The only thing that I can tell you is that because of federal pass through money. So, Keith Watts alerted us to -- that there is a wage -- Bird: Davis -Bacon. Mangerich: Thank you. So, there is that and we have discussions of that going on with Finance and with Department of Environmental Quality, since we are utilizing professional engineers to do that design and the placement of the interpretive element on the floor, so -- Bird: On behalf of the city -- Mangerich: Yes, sir. Bird: -- and you make sure that you look at the cost and that added Bacon -Davis don't cost more than the 23,000. Don't add to your project. Mangerich: Yes, sir. Rountree: Further questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: Councilman Bird brings up a good point. Perhaps the -- does the budget amendment -- should it be tabled until you have those numbers and know -- and you're comfortable that -- it doesn't make sense, necessarily, to amend the budget for an expenditure that you might incur until you get those questions answered. Or maybe not. Nary: Mr. President? Rountree: Yes. Meridian City Council October 21, 2014 Page 36 of 60 Nary: I was going to say, there is a grant committee made up of the departments and Finance to vet all of those discussions, so they wouldn't move it forward in front of you until that's already been satisfied through Finance as to whether or not those numbers are actual real numbers. So, the not to exceed basically is the amount of spending authority the grant provides. So, they can't spend more than 23,000 regardless of what hiring is necessary or anything, they can't spend more than what the grant would provide us and that's all you're granting authority for is the spending of what the grant money would be towards this project. So, I think most of that stuff has already been accomplished and should be in your packet. Borton: Mr. President? Rountree: Mr. Borton. Borton: And, Mr. Nary, that -- the point of that question is not a situation where there would be an expenditure that in light of Davis -Bacon creates -- you know, the 23,000 is covered by the grant and it creates a new additional expenditure beyond that. Nary: Correct. And it would not be. And they -- Finance would not move it in front of you for even approval until that was already vetted and made sure that that's the total amount of the city's exposure and liability is the 23,000. Borton: Okay. Thank you. Rountree: Other questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: With that explanation I would move that we approve Item 9-13, Public Works budget amendment for the IDEQ source water protection grant in an amount not to exceed 23,000 dollars. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-B. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. B. Public Works: Budget Amendment - IDEQ Source Water Protection Grant for a Not -to -Exceed Amount of $23,000.00 Meridian City Council October 21, 2014 Page 37 of 68 Nary: Mr. President, I think 9-A also requires your approval. The only thing that's different about this agreement is -- is it's -- we requested that the department director sign the agreement -- Rountree: Okay. Nary: -- rather than the Mayor. We have reviewed it, there is nothing in the agreement that can't be signed by the department. It doesn't violate any of our policies to allow that, but it still requires Council's approval. Rountree: Okay. Borton: Mr. President? Rountree: Mr. Borton. Borton:. I would move that we approve Item 9-A, subgrant agreement and direct the department director to sign. Milam: Second. Rountree: It's been moved and seconded to approve Item 9-A. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Rountree: Okay. Thanks, Mollie. Mangerich: You're welcome. Borton: Thank you very much. Mangerich: And now I'm here again for the budget amendment; is that correct? Milam: We already did it. Mangerich: We already did that? Bird: We already done it. Zaremba: We already agreed. Rountree: We did it all -- Meridian City Council October 21, 2014 Page 38 of 68 Mangerich: Thank you. Rountree: We did it backwards, you did it forward, so we got it taken care of. Bird: You're getting as good as Kyle. I didn't even recognize him with that fuzz on his face. C. Parks Department: Christmas in Meridian Donation Discussion and Approval 1. Christmas in Meridian 2014 Sponsorship Agreement Between the City of Meridian and Connections Credit Union for a Not -to -Exceed Amount of $1,000.00 2. Christmas in Meridian 2014 Sponsorship Agreement Between Idaho Independent Bank and the City of Meridian for a Not -to -Exceed Amount of $500.00 3. Christmas in Meridian 2014 Sponsorship Agreement Between All American Insurance and the City of Meridian for Amount of $500.00 4. Christmas in Meridian 2014 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 Rountree: Next item is Parks and Rec and it's discussion and approval and recognition, primarily, of these donations for the Meridian Christmas celebration. Moss: Thank you, Mr. President, Members of the Council. I'm here tonight at the request of Councilman Bird to just talk about -- give a really brief update of Christmas in Meridian. We have four of our sponsor contracts on your agenda for approval and the intention for me being here is just give a little bit of recognition for all the sponsors, local businesses that are making Christmas in Meridian possible. You know, the four that we have on -- on the agenda tonight -- Borton-Lakey Law and Policy -- Councilman Borton here is our overall presenting sponsor for the event. We also have Connections Credit Union, All American Insurance and Idaho Independent Bank are here before you. Commercial Tire is another contract you can expect to see in the next couple weeks. Those are all of our cash sponsors -- our larger cash sponsorships for the event. It's also worth noting that we have several in kind sponsorships, including 107.9, Lite FM, who will be very involved in the promotion of the event, as well as providing our event emcees with Mayor de Weerd, Kevin and Brenda Mee of their morning show will be our co -emcees with her for the parade. Signs Etc., Kendall Ford, Sunbelt Rentals and while it's not confirmed yet we are hoping that Meridian Press will join us again this year as a print sponsor finally. I have been working with -- not with Holly, but -- particularly with one of those sales representatives to talk about a partnership that -- similar partnership Meridian City Council October 21, 2014 Page 39 of 68 to what we had last year where, you know, they provide us with some advertisements on their website and, then, in the paper in exchange for them being one of the sponsors of the event. So, we are -- we are very hopeful that Meridian Press will join us again as well and in addition to these sponsors we also have some lower level prize sponsorships and some sponsorships that there is several more to mention, but we are very thankful for all the community involvement, where -- you know, last year was a wonderful event. We have all of our sponsors back from last year and so we are very thankful to have some great involvement. It's worth nothing that we are starting to add several events for Christmas in Meridian, not just the three that we started last year, which were the downtown business decorating contest, the Winter Lights Parade, of course, and the Children's Winterland Festival. One of the other fun events we are planning to add is the Winter Lights Fun Run, which is going to be hosted by the Pulse Running and Fitness and it's going to be a fun run that starts at Storey Park where the parade begins, they will leave ten minutes before the parade starts, ending at the tree. It's a very easy thing to manage, because we already have the road blocked and so it will be a fun kids fun run. There will be an ugly sweater contest incorporated in this with it and so it's kind of fun -- a fun thing that the Pulse is going to be putting on and certainly invite any of you -- well, for starters we are inviting the Council to be a part of the event. We have a trolley booked for your participation again this year, so we would love for you to ride the trolley in the parade again. But that fun run is just -- is meant to be a really fun thing for kids in particular, so people that are already there waiting for the parade will be greeting them at the finish line at Generations Plaza, but we have added several things to the -- to the calendar, including our Little Free Library is having Christmas books that -- for the whole month. Our letters to Santa mailbox out front. The Christmas Bazaar here at City Hall that's run by Shelley Houston. The holiday classic volleyball tournament that's run by our sports coordinator Garrett White is going to be that Saturday as well, in addition to the Meridian Symphony orchestra and we were hoping to make Christmas in Meridian as kind of a week long and maybe in the future even longer than just the one week, but a -- you know, a week long of here is what's happening in Meridian. Get your families out and enjoy some Christmas spirit, I guess, to kick off the holiday season. So, with that short description I would stand for any questions about the parade or anything else regarding the event. Rountree: Questions? Bird: I have none. I just appreciate it. Rountree: Thanks for the update. Moss: Thank you very much. Rountree: Sounds fun. Do I have a motion? Cavener: Mr. President? Rountree: Mr. Cavener. Meridian City Council October 21, 2014 Page 40 of 60 Cavener: I move that we approve the Christmas in Meridian donations from -- let's see. We have got Connections Credit Union, Idaho Independent Bank, All American Insurance and Borton-Lakey Law and Policy for the sponsorship of Christmas in Meridian. Bird: Second. Rountree: It's been moved and seconded to approve Item 9-C. Does that need roll call? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Just a quick comment after that last item. I would be happy to run in an ugly sweater before the parade. I think it's a distance just perfect for my stamina. So, I appreciate you being considerate of me when you put together that race course and I would be happy to run with any other members of the Council if they feel so brave. Bird: How much oxygen you got in town? Mr. President? Rountree: Mr. Bird. Bird: I just -- I feel that this is something that needs to be brought out publically, that -- so that the taxpayers understand that what we are putting on is not coming out of taxpayers' dollars, that we have community members that are jumping to the forefront to sponsor this stuff and they need to be recognized, because, you know, they are digging in their pockets to do this, to make sure that our community gets -- and that's the greatest thing about the community of Meridian, we have always -- we have always done it through donations and stuff. We haven't depended on the city tax dollars to do it for us. So, I just think that anytime we have stuff like this, instead of putting it on the consent we need to have it on the general, take the five, ten minutes that Colin just did and -- and recognize the people. It's -- it's great. Thank you very much. Rountree: Very good. Thank you. Borton: Mr. President? Rountree: Mr. Borton. Meridian City Council October 21, 2014 Page 41 of 68 Borton: To Councilman Bird's comments, the reason I think people jump on board is because, quite frankly, what Colin does and he deflects credit, but it is a logistical nightmare to do these events and that's my words, not his, but people jump on board from the business community, because they are comfortable that they know exactly what they are going into and Colin is a testament to making this thing a success. Bird: You're a hundred percent right. I will guarantee you Hans Bruijn from the Meridian Show Board will tell you what it's like to put together a parade. D. Human Resources and Legal Departments: Social Media Policy and Social Media Procedure E. Resolution No. 14-1026: Adoption of Social Media Policy and Social Media Procedure. Rountree: Very good. Next item. Item D, human resource and, Bill, is this your presentation, Social Media Policy? Nary: Yes. Mr. President, Members of the Council, in your packets there is a social media policy. Some of you may recall we discussed this last year. We had intended to bring it back in January to give the new Council Members some opportunity to review it and somehow it got misplaced or mislaid and that didn't happen. To cut to the highlights, basically, we felt it was important as the city grew and had more access on social media to the public that we made it clear for a couple of things. One, that we met the legal requirements of the use of social media, that we as the government, again, didn't limit to how speech and interaction and contact was made with us the city through social media, whether it's Facebook, whether it's e-mail, whether it's Instagram, whether it's Twitter -- however the public interacts with the city through those means that we make sure that we at least are complying with the most current state of what the law requires us to do and primarily that deals with things like having established policies, making sure that we aren't hindering free speech. Our limitation, for example, on Facebook is a good example. We do require -- and it does -- it does provide notice on the Facebook page, that your comments have to be relevant to the page. So, if it's a parks page and you want to comment on a parks activity, good or bad, that's perfectly fine. We don't -- we don't change it, we don't edit it, we don't delete it. If you want to make a comment about some other thing, you don't like your water bill, that's not the place or the forum for that, we do take those off, we do direct those people to the proper forum. So, we do want to make sure it's forum appropriate and courts are okay with that. But we don't necessarily -- again, we don't delete unless there is profanity or something else, we don't delete comments. So, we wanted to make sure that was clear. We also wanted to make sure as departments grew and decided that their own presence on the internet was appropriate in varieties of forms, that they went through some proper process so that our communications manager, the Mayor's office, would know where are we out there, so that they would have a way to monitor to see -- the worst thing you can do in the social media world is to put stuff out there and you don't change it, it doesn't get updated, it sort of gets forgotten that it's there and what our Meridian City Council October 21, 2014 Page 42 of 68 communications manager wants to be able to do is be able to make sure that if you're going to -- if you're going to go to the effort of creating it, you have to make sure the content is current and if you don't do that, then, don't have a page. If you can't commit to doing that because of staffing or time or whatever, that's fine, but that's not the right presence you want to have, because that's a negative reflection for the city. So, we wanted to make sure that was clarified. So, our policy is really pretty clear. You need the city's approval to put on any social media site that is representative of the city, that if you're going to do that -- if you don't do that, then, you're subject to being taken down and you're being directed to remove them and, then, if you're going to do it there is a process in which to get them implemented and put them into play. So, again, we discussed it awhile ago and we wanted to make sure you had opportunity to review it. It's eligible to be approved tonight if you wish. If you need more time to review that -- there is, obviously, not a time issue here, so we can certainly set it off for a week if you need a little more time to review it. It's fairly lengthy, but most of it's process, not policy. The policy is really pretty short. Rountree: Questions? Borton: Mr. President? Rountree: Mr. Borton. Borton: I apologize if I missed it. Was there anything in particular that -- that governed the -- either the Mayor or Council to Tweet, Facebook post on our own independent -- you know, Mayor site or City Council site? Nary: Mr. President, Members of the Council, Councilman Borton, no, if you individually want to do that, even in your capacity as a council member -- what we -- what we have determined -- and bear with me -- the law in this changes daily. I mean every court evaluates these in a different way. There is no definitive answer. What -- we have taken the position is that if an individual council member or the Mayor wants to have their own page, as Mayor Tammy does, that's on her. The city doesn't promote it. So, that's her page and she directs what the content is, she directs who is accepted as friends and doesn't, that's totally outside the city's control. That's her choice. If we follow this through the city -- and many cities do this where they have an ask the mayor page that's managed by the city. So, there those rules would apply. If we were going to do it that way the rules would apply as to what the content could be and how we would administer it and edit it. People get very sensitive when they make a comment about the government that they don't like and, then, it suddenly disappears and they think they are getting edited. But if it's an individual site, for any of you council members, you want to have your own, that's perfectly within your purview and that's not part of the policy. Rountree: How do we know the difference? How do I as a citizen know that Mayor Tammy's site is not supported by the city? Meridian City Council October 21, 2014 Page 43 of 68 Nary: Council President Rountree, that's a great question. The only way of defining that from the city's perspective is we don't provide any support. It's not -- it's not linked to our page, it doesn't refer to us. I can't, for example, for an employee, if Chief Niemeyer -- I will pick on him since he's right here. Chief Niemeyer wants to have a Twitter page and, then, he decides to comment about a local business on his Twitter page, we as a city can say you're using the city, casting us in a bad light, we don't want you to do that again. But as elected officials we don't have the same ability to correct that, all we can do is say we don't support it, it doesn't come through us, it's not on our page, it doesn't have anything to do with us, we can't control that from an elected official versus an employee. Bird: Mr. President? Rountree: Mr. Bird. Bird: Bill, what -- what -- what if this stuff is being used by city property and phones or -- you know, like you guys can do everything on a phone that I can on a computer and much more, but, anyway, what constitutes where the liability of the city if it's theirs? If it's done on city -owned property, even though it is private Facebook or whatever you want to call it, Bill? Nary: Mr. President, Council Member Bird, for example, our policy -- and the current state of what most cities and what advice has been given is -- it is much more problematic to try to make a zero tolerance policy as the use of the equipment for certain aspects. Checking a news site during the daytime seems kind of irrelevant for most people. It's a productivity issue, not a use issue. But if you have a view, certainly one of the things we do say in our policy is that anything that's done on city equipment is subject to city review. So, any -- anything that you were to use a city computer for that we can access and gather information, we can use that in dealing with the problem, whatever that -- the level of the problem is. And we do restrict the use in certain times of day, certain uses or types of things. So, we have ways on the back end to restrict the uses of city equipment. For example, most of the city computers during the day don't access Facebook and they can't access Facebook during normal work day. So, there are ways on the other end that we can prohibit the use of certain things -- YouTube and some of those things, they all get prohibited during your workday. Bird: Mr. President, follow up, please. Rountree: Please. Bird: Bill, say take the elected officials, if -- if we use city equipment -- say go on Facebook and put something, even though it's on our private Facebook, is that -- is that not public record once -- we are putting it out on city property? Nary: Mr. President, Members of the Council, using the city equipment itself doesn't make something a public record. A public record is whatever the statue defines as a Meridian City Council October 21; 2014 Page 44 of 68 record and whether or not it's public, because where ever it came from isn't where -- how it's determined, it's what is it, is whether it's a record. Bird: Okay. Thank you. Rountree: Any other comments, questions? I guess that point I make, Mr. Nary, I'm not real comfortable with the answer or the position the city might be put in with a misunderstanding. So, I'd like some more time to think about that and look at this policy. Again, we are getting so absorbed in what everybody is talking about talk communication -- well, a lot of it is not communication, it's exchanging of things with people that you think you're communicating with on subjects you think you're communicating about and misunderstood by somebody else who is looking at it -- and I'm talking about the public looking in at us and I don't know how to tell the difference. If it's something that's created in my name or the Mayor or anybody else that's an elected official, you know, we have got to walk and talk the talk and even if we think it's our own individual site, citizens aren't going to know the difference. So, I need some -- I need some comfort on what it is we can do and how we can differentiate between our personal activity versus the city activity. So, do you have to have a disclaimer on your Facebook or your -- whatever that I am not representing the city in this situation or -- I don't know. Nary: The best thing to tell you, President Rountree, Members of the Council, elected officials are -- is a much different animal, there is no doubt. Rountree: Yes. Nary: If -- if you -- if any elected official would like to have a private Facebook page to interact with their family members and their friends, my advice would be only accept your family members and your friends on that Facebook and you -- if you want to put it a disclaimer and this is my personal Facebook page on there, that's probably not a bad idea. It's when -- the mixture becomes when elected officials use it as a means to communicate with their constituents, which is a very valid thing and, you're exactly right, though, everything on there is going to be scrutinized differently because of that and I can't control it. The policy really is -- speaks more towards employees of the city and making sure it's clear to them -- if we are going to represent the city in the social media in some way and it comes back to the city, because you're using your position or you're wearing your uniform while you -- you have a picture of yourself in uniform on your Facebook page, so somebody now can identify you as a city employee, that's different and we want to make sure there is a separation between your city life and your employment, as well as your personal life and that's the purpose of the policy. Rountree: And I'm not saying that's going to affect me, because I'm never going to be there, but -- Bird: Mr. President? Meridian City Council October 21, 2014 Page 45 of 68 Rountree: Mr. Bird. Bird: With that -- and I think Mr. Nary brought up a good point. This isn't something that needs to be passed and I think we need to let this -- let us look this over and stuff and bring it back on November the 5th, 2014, and that would be a motion. The Resolution 14-1026. Rountree: Do I have a second? Borton: Second. Rountree: All those in favor of the motion signify by aye. Opposed same sign? Thank MOTION CARRIED: ALL AYES. Rountree: And thanks for finally getting that to us, Bill. Bird: Yes. F. Community Development: Unified Development Code Changes - Title 11 Amendments Discussion Rountree: Okay. Item F, Unified Development Code, Title 11. Justin. Or Bruce. One of -- whichever. Justin. Okay. Lucas: Thanks, Mr. President, Members of the Council. Before you tonight is -- it was going to be a workshop item on your last agenda and so it's kind of in that format of a -- of hopefully rather than just a department report, it's something that I am expecting and hoping for feedback directly from the Council on. So, if you want to stop me at anytime or have questions or want to have a dialogue, please, feel free to do so. That's, hopefully, what we can achieve tonight. About -- I don't know, it was maybe eight months to nine months ago I brought some UDC amendments forward and the Council asked that we form a work group of the development community to -- to work on these issues in a -- in a more transparent way and to get feedback directly from the development community prior to bringing these forward to the City Council in a workshop or as to an application. So, we have done that. The first work group meeting was about a month ago and we met with this -- with this group of developers, architects, engineers, landowners, planners and I and several members of city staff, including the planning department building, legal department, etcetera. Had a real good open forum and discussion. Staff had some specific items that we wanted to talk about, but we also had an open discussion about what the development community wanted to talk about. So, tonight I'm here to talk about some things pretty specifically and talk about some things more generally, kind of at a higher level, to get your comfort -- to get your comfort on. In your packet I included a table, which included some actual strike through and underlined changes that we are presenting for the Unified Development Code. It's not an application, it's just a what could become an application. Those changes all have to Meridian City Council October 21, 2014 Page 46 of 68 go through the full public hearing process, but I wanted to give you at least an idea of where we are at on some of those. And those I would consider kind of clean up or clarifications. Some policy level discussions more towards our residential dimensional standards and open space and there is just some other kind of open ended items about gravel mining and I am at the end of the presenting going to turn some time over to Brian from our office to talk about our design review manual and how that's -- how that's been working since it's been implemented and some potential changes that we want to see there. So, that's kind of our overall purpose and I will move through some of these as quick as I can. I'm just, as I say, here for your feedback and your thoughts. I will do my best to present the issue and the problem that we are trying to solve. We are not always trying to reinvent the wheel. But, you know, as our code we try to be responsive and when developers or citizens bring up an issue, if it makes sense we look at it and say, okay, let's change it. You know, we don't want that document to be on something that we are not willing to modify. So, the one is about fencing and it seems like every time I bring forward a UDC amendment we talk about fencing. That is one of those issues that has a lot of opinions and thoughts on it. So, right now this is a good example of a -- a situation that we deal with on a pretty regular basis. This -- this is a subdivision example. There is a common area there and as our current code is written and interpreted, the fencing that would be placed in red shown on your screen there, would be required to be only four -- the requirement is it can only be four feet tall, if it's going to be a closed vision fence, a solid fence, and if it's going to be a six foot fence it has to be open vision, like wrought iron. And what the developers have brought up several times over the last year or so and even before that, is that the owners -- they would prefer a six foot fence, solid, in this situation. Now, the reason we have that four foot versus six foot and all that is based on CPTED standards or Crime Prevention Through Environmental Design and the thought behind those standards is that if you're going to have an open space you want it to be visible and so the thought -- the whole thought process is, you know, if you're going to have open space you want it to be visible and sometimes if it's an open space that is kind of tucked in behind some homes, you want those fences to be either shorter or open vision. But in a situation like this, the way our code currently reads, it still requires it, even though this open space from a developer's perspective and from staffs perspective is clearly visible from the street. There is not really hidden areas in an open space like this and so we went kind of back and forth on this. This is another example of a -- if you're sitting on the street and you can see directly into this open space and Lieutenant Overton can jump in at anytime, but you could drive by, you could shine the light down there, you can see what's happening down there. There is really not a hidden aspect to this -- this type of open space. And so what we have done -- and not going to read all this -- but we have basically modified the code section that relates to this fencing and it says -- it gives the director basically the ability to determine if the open space is visible from a public street. If it's not visible from a public street, then, the four foot solid, six foot open vision would apply. If it is visible from a public street, based on the director and, obviously, the police input, then, we would go ahead and allow the six foot solid fence to be adjacent to that open space. So, that's what we are attempting to do here. There is quite a red line and I don't want to go through -- that's our -- that's our goal and so I can kind of pause on this one, get your take. If you really love the six foot open vision and four foot solid as it Meridian City Council October 21, 2014 Page 47 of 68 currently stands, I'd love to know that, because maybe we won't even bring it forward. But staff is trying to respond to I guess some citizen complaints, we get them all the time, and developers saying, hey, I get the standard, but in this specific situation it's clearly visible, why are you making me do this -- this shorter fencing. So, that's the issue and I will go ahead and pause there and see if you have any thoughts. Cavener: Mr. President? Rountree: Luke. Cavener: Justin, my question is related to the -- I guess it's the term not entirely visible. So, you know, not all of our city parks or open spaced areas are perfectly rectangular. What constitutes some that is entirely versus not entirely and who ultimately is making that decision? , Lucas: Excellent question, Mr. President, Councilman Cavener. We do leave some discretion in this code up to the director or city staff to, basically, on a case-by-case basis look and see and try to apply some common sense. If it's a -- let's say an odd - shaped piece and there is a hidden corner, in that hidden corner we would not allow the six foot solid fencing, we would require the lower vision fencing and prior to making conditions related to fencing, we do meet with the police department in a project review meeting. These issues are discussed out in the open and so we do have a forum in which we can discuss with police what their thoughts are and we can basically make a determination on the visibility of that open area and maybe there is an open area that has landscaping, it's very dense and we feel even though it's -- it's visible from the street, there might be some areas that are very densely blocked on landscaping and we would consider that not visible because of the landscaping. So, just -- what it does is it gives staff a little bit more flexibility to determine that. Rather than have that discussion in front of Council, where they are coming from is they want this type of fencing, we have built it into the code, so we can tweak our conditions to be a little bit more responsive to the individual situation. I hope that helps answer the question. Cavener: Thank you. Lucas: Any other thoughts or comments on that one? I will do my best to keep it moving. I will assume, if I don't hear a nay, that I'm going to go ahead and move forward in the direction that I'm presenting. Rountree: My thoughts on that is you -- you have got it, move towards common sense, and let's sharpen our pencils on it and get that taken care of. Lucas: Next item, Mr. President, Members of the Council, something we have talked about before and this is irrigation easements. There is a purpose behind this and typically we are pretty good at it, but we want to tighten this up, which is to avoid allowing large irrigation easements to be placed on residential lots. You can see that picture down there. This is actually near my house. I live right near Chateau Park. If Meridian City Council October 21, 2014 Page 48 of 68 you look at that blue house, the lot line for that house goes to the center of that canal and now that creates a situation where each individual homeowner along that canal is -- basically owns property that they don't want to maintain, they, basically, can't use, because the irrigation district has a very strong use easement and they are allowed to -- it has to be open, you can't put trees there, you can't improve it, so what we are concerned about here is trying to avoid the situation of these no man's lands that's created by this -- these irrigation easements. I will show you -- this is the -- the blue house is actually on the bottom of the screen there. You can see where the property line goes to the center of the canal. You know, my thought is -- and generally staff's thought is that property line should be at the fence line typically. That should be the rule, because, then, the remainder of that land is placed into a common lot that, then, is owned and maintained by the homeowners association. Even if it's not allowed to be improved, at least if it is a maintenance issue or a code enforcement issue, we can call the HOA and not each individual homeowner along that -- along that stretch of land. Now, there are unique situations. There is times when maybe this, for whatever reason, may not work. And so what we are proposing is to add some language in our section about irrigation easements, basically, that states that if -- if these types of easements restrict fencing and landscaping they shall not be allowed, unless it can be demonstrated by the applicant to the satisfaction of the director that the easement area will be maintained by the homeowners association. And so what's possible -- and we have had this happen on one project, is they had to have it be part of the lot, but they placed a maintenance easement across that area for the homeowners association. So, even though it was on private property, the homeowners association was responsible for the maintenance and upkeep of that area. That's not going to be something we imagine very often, but this language at least gives the developer that option and that was the big push back we had the last time we brought this forward, the development community said, well, if you make it always in a common lot, what about that one situation where we can't and so we tried to create language -- and this is a little awkward, but this language is based on language that's already in this section of code, so we will try to be as consistent as we can in the code. So, that's kind of our goal there. Once again I will pause, maybe show that picture again. That's our intent and that's what we are trying to achieve on this kind of cleanup item. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Another question. Justin, in my history, getting a homeowners association to agree on what wattage of light bulb to put in their area is a challenge. How would we handle something if half the association doesn't want to be responsible for this and more doesn't want anything to do with it? I mean what's -- what's their cause and what's our response? Lucas: Mr. President, Councilman Cavener, it's a good question and we deal with this every now and then with HOA's that want to dissolve. They don't get along. They have issues. I don't have a great answer for you on how the city deals with that. We do our Meridian City Council October 21, 2014 Page 49 of 68 best and at the current time we don't review CC&Rs, we aren't really involved in the formation -- of the homeowners association, it's simple a requirement of the subdivision and, then, we look to them to meet their obligation. I would say 90 percent of the homeowners associations do that and will continue to do that. I think there is always going to be the outliers of those who, for whatever reason, may not want to meet those obligations and it's possible the city attorney Mr. Nary has something further to add here. Nary: Mr. President, Members of the Council, I don't have a better answer. I think Justin has hit it on the head. I mean we do have some of these where they are required to maintain drainage lots and -- or green open space that in their opinion maybe serves no value or purpose and so they don't want to do it, they want to sell it or give it away or let someone else maintain it and at least if it's part of the plat all of those decisions would, then, have to come back to you before they could do that. I mean I could definitely see in that example that Justin had up there an HOA coming back saying we want to deed all of those properties -- all of this property and let them have it and, then, they can maintain it. At least you would have the ability to say, no, you're still going to need to maintain this, because someone has to keep this free of weeds, someone has to be responsible for it. You know, whether that's their only purpose, whether it's drainage, whether it's open space, whether it's an easement, someone needs to do that and it is just part of only a subdivision, it's in the CC&Rs, it's in the rule when you buy your home, so it's not a surprise to you. It's an inconvenience for some. But at least in that regard you would see it before it would just dissolve or before they would just go away. Otherwise, code enforcement becomes the tool. Rountree: Questions -- other questions? Does that affect the setback requirements, change where it's measured from? Lucas: Mr. President, Members of the Council, yes. And that's -- it's a good point and that's the point that the developers made when they said, hey, there may be a specific situation where we need that irrigation easement to be on a private lot because of the setbacks and so that's why we left that door open -- Rountree: Okay. Lucas: -- for those unique situations. In general, though, like in this situation above you, that land -- if the setbacks were measured from the fence line they are still in compliance. Rountree: They are still in -- Lucas: And so here it was just let's say a bad decision to allow each of those lots to be -- go to the center of that canal and we catch it and we call it out and require it quite often. But we don't have any code basis to do so. So, what we are trying to do is, basically, give ourselves some curve language to approach you to say -- so, if the developer pushes back and says, no, I want it this way, we can say, well, our code Meridian City Council October 21, 2014 Page 50 of 68 says, no, you need to have it -- you need to have that in a common lot. So, that's our overall goal there. Next kind of cleanup item is signature on development agreements and this was looked at a little bit. It went originally to UDC when it was adopted. It was one year. We changed it back in I believe 2010 to two years to kind of match some of the other approvals. But we have heard from the development community and, actually, members of the Council and some others, the two year time frame to allow for a development agreement to be signed is just too long, because if they do not sign a development agreement the property is not annexed and so it's possible you could hear a project, recommend approval, it moves forward, and that project is not back on your agenda for annexation and development agreement approval for two years. And so some of the concern that two years later maybe the decision to annex that property is -- will be different. And so many cities -- the city of Nampa has recently went down to 30 days. We thought that was a little aggressive. Some of the other cities have reduced this. We kind of landed on six months as a middle ground. It gives the developer some timing, maybe there is financing issues, maybe who knows what. It gives them some time to deal with that, but it also gives the city a closer goal to have that property officially annexed into the city and it also helps the other property owners who might be waiting for their annexation path to kind of have a better -- a more realistic expectation this is going to happen within a shorter time frame. So, very small change to our code, but it could be -- and we brought this to the UDC work group. I thought they were going to balk. I really did. I thought, man, they are going to want the two years, because it benefits them. The majority of them in the room said, no, it should be much shorter. They were saying three months, they were saying shorter, they think it should be -- you come in, you apply for your project, the development agreement should not be sitting out there for two years. So, just -- I will wait for your thoughts on that. Rountree: Is there a provision for requesting an extension of that signature date? Lucas: Currently, Mr. President, Members of the Council, we don't have a provision to request an extension for development agreements. We could consider it and some language like that, but certainly that's up to -- up to you to decide. Rountree: Mr. Zaremba. Zaremba: Just a comment from my perspective and I am one that has commented to the community development about this. Usually the items that are in a development agreement are hard fought at a public hearing. They are not our standard policy or they wouldn't need to be in a DA. They are items that were discussed at length at the public hearing for the Planning and Zoning Commission and, then, probably again at the public hearing for the City Council. The longer you let it go unsigned the more likely it is you or me or anybody else is likely to forget why that provision was in there and quite often it's not -- you know, the developer agreed on the spot, but it's not something they offered in the first place, it's something that we required and the longer it goes the more likely it is that the developer is going to come back and say, well, I don't want provision 6-A and we will all have forgotten why that got in there, because of points that the public made or that we made and I -- I'm very much supportive of shortening the time. To me six Meridian City Council October 21, 2014 Page 51 of 68 months is even longer than I would allow it to go. But this is a good change from two years and I just wanted to mention my support of why there is a DA in the first place and it either needs to get signed or -- or we all forget. Rountree: Support it. Lucas: Thank you for your comments on that. I'm now moving on to some -- some kind of higher level discussions. I'm not going to be -- I don't have any specific proposals here necessarily for red strike through and underline of the code, but I want to bring some of these items that came up at this UDC work group. These have been, you know, topics of discussion I would say internally with staff for quite some time, but recently we have seen I think some projects that have come in that have brought this to the forefront and so the basic issue here -- what I will hit on is that we have in our code a maximum gross density in our residential districts. It's pretty simple. R-2, two units to the acre, R-4, four units to the acre, et cetera. But if you look at the history of Meridian and how properties actually get approved, in R-2 districts and even R-4 districts very rarely do we see anything near four units to the acre. In the R-4 it was, you know, maybe two, maybe three units to the acre. In the R-8 district seeing something above five is relatively rare. And so what -- what this does is we have these density standards, but we -- through out dimensional standards and open space requirements, lot sizes, frontage requirements, et cetera, we basically make it impossible to achieve the standard that we set. So, for example, in the -- in the R-4 district we have an 8,000 square foot lot minimum and a 60 foot wide frontage requirement and if you actually lay out a subdivision with 8,000 square foot lots, 60 feet wide, you add in streets, you add in ten percent open space, you can't get to four units to the acre and whether that's good or bad, it's just a fact. So, that's why I'm kind of here to talk about that a little bit. But where it's gotten us kind of lately at least -- one of the things that's come up is we have had developers coming in requesting a higher zoning designation, like an R-15, and all they really want to do is do a five unit or six unit to the acre project. So, we look at our zoning designations and we think, well, why can't they do that project in the R-8 zone? They are not asking for density above R-8, really what they are asking for is a reduction in those dimensional standards. The R-15, the lot sizes, the frontages, are much more liberal and you can have more flexibility there. And so we are seeing kind of a shift in market demand -- I think is across the west. Smaller lots. That's something that's more common as land prices go up, you see a desire for smaller lots. You kind of see developers wanting to do some things that are a little bit innovative when it comes to the design of their -- of their product and how big the lots are. But there is still a very strong push to have detached housing, because if you want to get higher density, just attach the units and do duplexes and tri-plexes and things like that and what the development community is coming back and telling us is, you know, those type of products are not what the buyer wants. So, we weigh all those things and we kind of think about it and one thing staff does support is housing diversity. We do think that providing a diverse housing landscape across our city helps the city, because you have -- you can provide different places to live for different people of different incomes. And so that's something the -- as we go through this discussion that's kind of some of the -- and I probably hit some of this already -- but some of the background to why this is an issue from that the Meridian City Council October 21, 2014 Page 52 of 60 development community is raising and is there anything that we could or should do about it. And so I want to highlight one thing, though. As lot sizes get smaller design becomes more important and I think that's a critical point that I don't want to lose on this discussion. If you allow lot sizes to get small it can be very easy to just see garages and that's all you see. You will get a garage with a house behind it and you got a very small lot, that creates a pretty unattractive streetscape and we don't want that. So, we are kind of balancing those two things of smaller lots, maybe a little tighter housing, but not having a garage dominated streetscape and I think there is -- there is a healthy tension between those -- those two things. And so tonight before you I kind of want to talk about eliminating or reducing some of our residential lot size standards, which is a pretty big shift and I think we should recognize it as such, but I'm going to focus on lot sizes and street frontages, not setbacks. I'm not taking about our five foot required setbacks on the side, our 15 foot in the rear in the R-4 and our 12 foot on the rear in the R-8. This is -- this is the lot size minimums, which in R-4 is 8,000, R-8 is 5,000, R-15 it goes quite a ways down, but I think 3,200 and, then, R-40 it's very low and the R-2, which is our most kind of rural residential designation is 12,000. And so I want to show you kind of some -- some of our intended outcomes. Working with the -- the development community, looking at this as staff, we think some flexibility in lot sizes certainly will allow more alternatives in housing types within a neighborhood. So, if you -- in R-4 you're requiring all 8,000 square foot lots, you're basically guaranteeing that all these houses are going to be of a certain cost, because the land value drives that in a lot of ways. If you reduce it you could still have some 8,000 square foot lots and I think we will, because there is demand for that, but next to that 8,000 square foot lot maybe you have a 6,000 square foot lot and so you get -- you could potentially get some more mix of lot sizes within a subdivision that's one outcome that staff I think believes is positive. This could also help simply our subdivision review process. Right now, because of our -- our lot size and street frontage minimums, we are in there with a scale kind of -- because they try to maximize it as much as possible, so a 60 foot frontage in that 8,000 square foot lot, they are right on that, because that's the -- that's what they are designing to. If we lower those, we feel like giving them a little more flexibility will actually help us not have to be so on top of it, because we are hoping that that mixture -- and instead of all the lots being at the minimum, you will see more of a mix in the -- in the subdivision. This can allow for clustering to create more usable open space, smaller lots, more open space, is oftentimes something that we can see and it does encourage densities more in line with the UDC and the Comprehensive Plan. And I think that's probably more of staffs ultimate goal is to hopefully see our densities reflective more of the -- more towards what the zoning designation allows, rather than a developer having to ask for a zoning designation of a higher density just for dimensional standards, we would hope that our dimensional standards allowed for the densities that are -- that are called for in that designation. So, issues -- and I talked about some of these. There is always a question of what if we reduced the lot size in R-4, does that mean that all these people in the R-4 lots are going to go out and redevelop and suddenly split their lot, because they can do two -- not very likely, because I'm not really proposing that we reduce them that much. So, we are sensitive to that, but I don't think it's going to be a -- we have looked at this pretty carefully and I don't think that's going to be just a wide open deal, because they still have to meet our density requirements, you can't just take Meridian City Council October 21, 2014 Page 53 of 68 a lot and split it into four houses, because, then, you're going to be -- you wouldn't meet the density requirements. I think this does increase the need for quality residential design to avoid that garage dominated streetscape which I mentioned and it may increase the need to acquire transitional lot sizes around the perimeter, which is already discussed in our Comprehensive Plan, but it just might highlight that even more, that around the perimeter adjacent to these larger lots we may -- you know, we want to require larger lots adjacent to larger lots and have the smaller lots be more internal to the subdivision. So, those are some -- some potential issues, probably more than that, but those are the ones I wanted to highlight. So, staff is taking kind of a two pronged approach to this -- to this issue. Number one, we are proposing -- at least through this workshop and discussion to consider reducing dimensional standards in our residential districts to allow for those densities to go up a little bit. Once again, I'm not talking setbacks, just the minimum lot size and the minimum frontage and I will show you what I'm going to -- what we are proposing there. And, on the other hand, we are also proposing to open up our planned unit development standards just a little bit, so they are more accessible. Right now I think we had a planned unit development maybe six or eight months ago and that is the first one we had had in the City of Meridian in the last probably ten years and the reason is our threshold to be able to apply for a planned unit development, which allows you to request smaller lot sizes, variations in setbacks, et cetera, has been very, very high. We have some language in the code that basically requires the developer to preserve a significant natural resource or historical feature to qualify for a planned unit development. But looking at Meridian we don't have all the many significant natural resources or historical features for them to preserve, so if they are wanting to do something in a -- kind of a greenfield situation, the PUD is automatically not allowed and so we want to maybe open that up a little bit more to allow for some innovation and some creativity from the developer that will be heavy on why we need to do this and we will be expecting a real special project and so I think we can -- we can get those -- those two pronged approach and that's kind of what we wanted to chat about a little bit tonight. So, let me show you what we are thinking. R-2, no change. Twelve thousand eighty -- this is a -- it's a rural residential feel. We don't think we need to change that through this -- and we don't see a lot of R-2 anyway. I mean we don't feel a lot of pressure to change that specific designation. R-4 -- what we are thinking of is going from six -- 8,000 to 6,000 and lowering the street frontage from 60 to 50. That gives the -- the lot size and street frontage obviously goes down and gives the designer of that subdivision a little more flexibility on those lots. I still anticipate we will see quite a few 8,000 square foot lots, because there is a demand for that, but we will also allow for some smaller lots with those R-4 developments. And you see this in red here, what we are also proposing -- and this was in your packet and the table that I gave, was if you have an alley loaded lot that the setback can be reduced, so that the alley can be a little tighter, so that you're not having to provide the -- a lot of space behind the garage to the alley and that's another thing that you will see as we are proposing here, which does promote a little bit of -- a little bit more density in those situations. So, basically, simplifying this one quite a bit. We had all this 5,000 or 4,000 if it was -- had a common driveway -- basically just reducing it to 4,000 with 40 foot frontage in the R-8. Same changes to the alley. And, then, R-15, no change to the lot size and already right now in R-15 we don't have a minimum street frontage, so we are Meridian City Council October 21, 2014 Page 54 of 68 not proposing to add one. We think that's a -- a doable -- a doable situation. And in R- 40, once again, no change there, except for adding that alley notation about the setback from the garage to the alley. So, we kind of trying to take a step approach. We did kick around removing minimum lot sizes completely. We felt like that might be a step too far. Maybe we take a step down first to see how it goes and, then, in the future if that still continues to be an issue look at that. But this is kind of where staff landed on the -- on the residential dimensional standards. So, I will certainly pause now. I have given quite the speech and I will take any questions or comments you might have. Rountree: Comments? Questions? Bird: I have none. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: Yeah. On that subject. Just -- this seems to be going in the right direction. I know several years ago developers started talking about the trends are that people like their neighborhoods and want to stay in their neighborhoods, but over time their life changes. You have, you know, newly married people with no kids that need a smaller house, smaller yard, then, they start having kids, they want to move to a bigger house. They become empty nesters eventually, they want to move back to a smaller one, but they want to stay in the same neighborhood and that means that -- that you need to have a variety of sizes. Where I'm going with that is I wonder if we would want to contemplate -- let's look at the R-4, which is on the screen right now in front of us. Instead of changing the requirement from 8,000 to 6,000, maybe making the requirement something like half of them have to be 8,000 and half of them can be 6,000. 1 guess my concern is could somebody take this and say, okay, I can make all lots 6,000 square feet or whatever the new standard is on the other ones and that isn't the point. The point is to allow some variety and I wonder whether we might want to say a proportion of which need to be a certain size and a proportion of which could be smaller. I just throw that out for discussion. Rountree: I guess my thoughts on that is it's interesting, I think a developer can do that. They know the minimum. It doesn't mean they can't do something bigger and go back and forth. But that's to me an administrative nightmare. You think about getting your scale out and measuring every lot and you have to keep track of the lot and make sure the lots do meet those percentages -- it just doesn't seem to move towards the efficiency that you're trying to accomplish and we can encourage that, so we really like these mixed sizes, but not require it per se. Lucas: Mr. President, Members of the Council, I can also speak to this a little bit from just my background working for a home builder. You know, they design the lots based on the house models that they have. Some of their houses are 40 feet wide, some are 50 feet wide, some are 60 feet wide and so when they are designing a subdivision Meridian City Council October 21, 2014 Page 55 of 68 typically they design by default some flex in the lot sizes because of the types of houses that -- the widths that are out there. And what we are doing with an 8,000 square foot minimum is we make, basically, every lot fit the largest house that they have and even if you do have a smaller house, it just means that the side yards are bigger and so by allowing some flexibility I think we will get some of that variety just by the nature of house they design it, at least that's our hope. The idea about percentages have been employed in other areas. We have seen that in other codes where we have a percentage. We considered that, but, once again, thought, you know, having -- counting up the lots and certain percentages -- our hope is we can get that without having to do that. But, once again, if we are not seeing it and all we see is 6,000, maybe we do want to go that direction and have some type of required lot mix. But certainly that's -- that's up to your discretion. Rountree: No comments? Bird: Mr. President? Rountree: Mr. Bird. Bird: Just a comment. If you -- if you lower the R -4s to 6,000 feet, you're going to get all 6,000 feet. You're going to get 60 by 100s or 65 by 90s, something like that, and they are going to put their 50 foot houses on there, because we only have a five foot setback. I mean most of the time a guy with any arm span can walk between two houses and touch both houses. But -- so we are joking ourselves. If you want to set it, set it, because that's what you're going to get. Rountree: Other comments? Borton: Mr. President, I don't have an answer to the question, but I think Councilman Zaremba brings up a good point, as does Councilman Bird. You know, if you truly want to try to require without requiring, the variation you described, I'm not sure how you do that. If there were a way -- give it some thought, see if there is a way to require it without making it an administrative nightmare to do. I have the question, but not the answer. Very helpful. Lucas: We can certainly take that back, knock it around. I think, you know, from staffs perspective, going down to a 6,000 in the R-4, even if we have a situation where all the lots where 6,000, 1 still think from staff's perspective, it still helps us get a little closer to those density targets that we have within our Comprehensive Plan and within the R-4 standard. You're still not going to be allowed to go above four units to the acre and so will there be some subdivisions that have uniform lot sizes based on the new standard, I certainly think that's very possible. That issue I guess is -- the next question that would -- is that a problem -- the lots that used to be 8,000 are now 6,000, we had a lot of 8,000 square foot lots on the City of Meridian and if we had all 6,000 square foot lots for the next ten years we would still have a lot of 8,000 square foot lots in the city of Meridian. So, that's kind of staffs thought behind this is even if the R-4 moves more towards the Meridian City Council October 21, 2014 Page 56 of 68 6,000 square foot minimum, it still provides variety in our overall housing stock and land size within our city. Bird: Mr. President? Rountree: Mr. Bird. Bird: If you go down to a minimum and you're 6,000 -- and I firmly believe that, you're -- you're going to put five lots to an acre. You take your three percent -- or ten percent open space, that goes to 33,000, that still leaves you 11,000 for your share of roadway and easements; right? And in an acre I don't think you are going to get over that many square feet. Maybe if you have got one acre to develop, but where you have got ten or 15 or 20 acres -- so, you're not -- you're not going to get the three and a half or the four. I will tell you in my opinion the biggest mistake I ever voted for was back in '99 to leave the R-4 -- not to stay with the R-4. Our community was much better with an R-4 overall. That's my personal opinion. Lucas: I can certainly move on. I'm not hearing any other comments on this. We will take this back -- thank you for the comments. We will certainly take those into consideration as we -- as we move this forward. And, as I say, any changes that are proposed, go through the full public hearing process and will full involvement from -- from the community. The next one -- and thanks for your indulgence tonight on the time. Open space and amenities. This is another thing that has come up. It kind of ties into the last one. The city requires ten percent open space. That's somewhat unique within the Treasure Valley. The city of Eagle has a higher requirement. The City of Meridian is ten. Most of the other cities don't have a minimum open space requirement. I'm not here to change that. One of the things we heard from the development community, though, was that the ten percent -- when we require that, we also require amenities and other things with subdivisions, which I think all these things actually help Meridian subdivisions to be nice places to live. So, that's the goal behind those and so you can see kind of our basic requirements here. Under five acres we do not require open space or amenities. Five to 20 acres is ten percent and one amenity. These are our current requirements. Twenty plus acres is ten percent open space and one amenity for every 20 acres. So, I put there some feedback we received from the development community. Two of the highlights. Currently our code -- when we look at amenities, they have got a swimming pool and they have got a tot lot -- a playground and a swimming pool. They are counted as two amenities. It doesn't matter that that swimming pool cost a lot more than that little playground, they get the same value for the amenity and so we got some feedback that that just doesn't seem very fair for a developer who comes in on a project, a 20 -- let's say a 25 acre project and they put in a clubhouse and a pool. You know, they get in a couple of amenities for that, but the same developer -- another developer comes in and builds a horseshoe pit and puts in a picnic table and there is really no recognition of the difference between those two things. Not all -- not all subdivisions need pools or clubhouses, but it was just some recognition within our amenity requirements that -- that there is differences in amenities and that there should be some stratification in how amenities are counted. So, I have Meridian City Council October 21, 2014 Page 57 of 68 kind of put a straw man out there. I'm not necessarily -- this has not been fully thought out. It needs some thought. But I want to at least throw the concept out to the Council of doing that, stratifying the amenities. One way to do that is to, basically, create a point system and you have to get a certain amount of points and certain amenities are worth more points than others. So, if you do a pool you get four points and maybe you're done. You don't have to do a gazebo and a tot lot just to make that requirement. But if you want to do just picnic tables and barbecues, then, you got to do picnic tables, barbecues, a gazebo and a horseshoe pit. You got to do quite a bit more to get to that -- that same level. So, I wanted to throw this out there and get your thoughts on it and your feedback. This was something that came from the work group and they really wanted us to look at this and think about it, because right now the way our amenity section is written is you kind of get what you get, there is no difference between them. If you build a large clubhouse, a million dollars, or horseshoe pits, there is no recognition of that. So, I will pause there and let you kind of chew on that for a second and, then, see what you think. Bird: Mr. President? Rountree: Mr. Bird. Bird: I think that's one of the best ideas we have ever come up with. Thank you, Justin. I think it's fantastic. A person puts in a nice amenity should be awarded points for it. Because we are competing -- they are competing with someone that just throws in some grass and calls it an amenity. Cavener: Mr. President? Rountree: Mr. Cavener. Cavener: Justin, when you say recognition, what -- what's the work group referring by that? I mean they want it to be -- I don't quite wrap my brain around what you mean by recognition. Lucas: Mr. President, Councilman Cavener, maybe recognition isn't the best word. I think what they are searching for is some equity in the review process for amenities where a developer who builds a large subdivision and they put in four pools, they are putting in a pretty significant investment into that development and those four pools -- and we have another developer who builds a large subdivision and they put in a basketball court, a horseshoe pit, a picnic table and a barbecue, they get -- they get the same value of four amenities and so the developer who puts in the four pools is saying I'm not putting in the pools, because the city is requiring me to do that, but I don't want to have to put in four pools and all this other little stuff -- a lot of little dinky amenities just to meet some, you know, overall requirement. Because it's one for 20 acres. So, if you have a large development, 200 acres, they have to put in ten amenities and the developer -- his take is if I put in two pools why do I have to put in anything else? I'm putting in two very significant amenities and I shouldn't have to do ten -- just whatever Meridian City Council October 21, 2014 Page 58 of 68 amenities. And so that's where he wants some -- some more flexibility and so this situation would allow for the larger investments in amenities to count for a little bit more and reduce maybe their overall number of amenities that they are required to put in. And so there is some balance there that needs to be met and, as I said, this is kind of a straw man concept. But that's -- that's kind of what the thought was behind the work group. Borton: Mr. President? Rountree: Mr. Borton. Borton: I agree. It just seems like a great idea and it does -- it gives you an opportunity to incentivize certain types of amenities that might not otherwise be seen. As you see this going forward, you know, fiber optics is listed, neighborhood business center -- you're thinking creatively and there is probably a longer list of -- Lucas: Oh, absolutely. Borton: -- more unique amenities that you might want to put in the high point category to encourage developers to start to utilize. I think it's a great idea. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I ditto all of that. I think that's an exceptional idea. One worry comes to me and it actually would be true under our present rules as well. Do we have a way to identify -- let's say a developer buys 50 acres and breaks it up into ten different LLCs and says, well, this project is five acres and two weeks later this project is five acres and we don't have any requirement. Can we identify a bigger project that's being presented as small projects or how do we -- how do we know that? Lucas: Mr. President, Councilman Zaremba, so through our pre -application process we do kind of a review of surrounding properties and in our code it does talk about properties under single ownership and even if they are multiple LLCs we can see who owns the property still. They are required to develop, basically, as a single property. So, we try our best to catch that. Is there a developer who could probably get -- I mean I certainly think it's possible. I have been doing this for a little while. I typically don't see that. Typically the smaller projects are exactly what you would expect, in -fill projects, five acres surrounded by existing development. The large tracks of land, the reason they are hard -- the reason they come in all together is we don't allow them to subdivide it prior to -- you know, they can't break it up into five acre portions and, then, come in bit by bit. When they come in and want to annex that property, we want to see the whole picture and so we will require that typically through the -- through the process. So, one way they could maybe get all these five acres -- go buy an existing five acre subdivision and do them one at a time, which is possible, I guess but it's pretty unlikely. So, we do Meridian City Council October 21, 2014 Page 59 of 68 watch for that, though, of properties under single ownership coming in as a whole project. Zaremba: Great. Thank you. Milam: Mr. President? Rountree: Genesis. Milam: So, I -- I really do love the point system and it is good to reward them for putting in better amenities. On the other hand, they will be rewarded, because they are putting in really nice amenities and many of them, their lots are going to sell for a much higher price as well. So, they are being already rewarded. So, I still do like this program. I'm not sure about taking away open space, though. Making it -- you take that in combination with making smaller lots and, then, take away some open space and pretty soon we are just going to cram in as many houses in the property as possible. So, I definitely want to avoid the possibility of abuse of that. Lucas: Certainly. And, Mr. President, Councilwoman Milam is referring to the -- that last bullet point of -- and as I say, these are just throwing out some ideas of potentially allowing some kind of buy down of open space and this really came into -- comes into play on a tight project where getting to that ten percent can be pretty difficult, but they might say, hey, I'd much rather do a real nice amenity and drop down to eight percent than have to do ten percent. That's an idea. Certainly -- I think I said vary up to three percent, so you would still have always a minimum of seven percent. We wouldn't allow them to buy it down all the way to zero. So, it's a thought and let's get feedback if we want to do that or not. There is certainly drawbacks -- there is pros and cons to that -- to that question. Zaremba: Mr. President? Just a follow up on the same subject, then, just to throw in for the general thinking, we I think allow developers to count as open space what I would call the parkway between curb and a detached sidewalk. We allow them to count that as open space. So, if you, then, add to that a reduction in open space, we end up with very little -- what I would call usable open space and I think that is a concern. We want chunks of usable open space and I have difficulty reducing that. Just a thought. Lucas: Thank you. Good feedback Rountree: Other comments? Bird: I have none, Mr. President Lucas: I will try to move through the remainder of this relatively quickly. Gravel mining in a nutshell -- we talked about it with the group. We were interested in their feedback. You recently took this out of residential zones. Staff had some thought of doing -- just restrict this as a city use. We took it to the group, kind of went back and forth, and we Meridian City Council October 21, 2014 Page 60 of 60 are hitting pause on this for now, because we want to let our Public Works Department kind of take this up and some other discussions related to grading permits and other things that have been bouncing around. So, we are just not quite ready to propose a solution on gravel mining yet. Once again, it's not allowed within residential areas. It still is a conditional use permit in other zones within the city, but I don't anticipate we are going to be overwhelmed with gravel mining applications in the next year, so we will have some time to work on this and we want to work in coordination with Public Works. So, those are our next steps. Thank you so much for your feedback today. I really appreciate the comments. I know it's late. We are going to go ahead and refine what I presented tonight. It looks like I have a path forward at least to present these back to this UDC work group, give them a chance to chew it around. Staff will, then, make an application that goes through the full public hearing process for those changes, which allows a whole other round of discussion and thoughts and comments on any changes. Thank you tonight for giving me the direction on that. I'm going to go ahead and turn it over to -- unless there is any other final comments on design -- or on UDC changes, I'm going to turn it over the Brian just briefly to talk about the design manual, which is kind of a companion to our Unified Development Code. Bird: Thank you, Justin. McClure: Mr. President, Members of the Council, thank you. There are currently some challenges with the design manual and I have been tasked to kind of work through some of those. The current process, for example, is explained via 12 pages of text in a number of complicated matrixes, not including the actual introduction. It can be difficult to use. Does not correlate clearly with zoning or land use policy. More than half the design manual are site and transportation considerations, which are typically established for a site well before the design manual is ever required. The process can be very subjective and the responsibility of that subjective process is placed largely on the staffs shoulders. State code also requires express standards. It's not currently very explicit in guidance, that is the design manual, and there is limited use by design professionals. Currently there is a lot of hand holding. Staff would like to explore some options to streamline the current document. I would like to stress that we are not necessarily trying to create new standards, simply to streamline and reorder them and, then, perhaps apply some more specific criteria to them to meet that express requirement. We would like to place more emphasis on consistent application to make it more,predictable and eliminate duplicate and consolidate similar items for which there are many. Recategorize the existing items from urban, urban -suburban, and suburban to something more in line with our zoning land use, such as multi -family commercial, industrial, residential and mixed use, which would better align with zoning and land use. The mixed use would be something determined by land use overlay, such as Old Town, or through a development agreement. Locate critical items not applicable in the design is required into relevant UDC or Comprehensive Plan guidelines and policies. The design manual currently has 740 goals, objectives, and action items related to site and building design, not including those. Three hundred and sixteen of those are related to architectural character, the rest of them are site considerations. To address some of the challenges, such as meeting state guidelines, essentially, we want to explore Meridian City Council October 21, 2014 Page 61 of 68 breaking down the design manual in 740 pieces, rearranging them in new categories, and consolidating them and, then, use them in a smaller document. Hopefully that would better align with the land use zoning policy, address design considerations at a perfect time and direction by state. We would like to do it by establishing community design professionals to rehash some of this, workout the details, and, then, come back before you with something a little more developed. That's kind of what we are looking to do and if there are any questions I would love to -- or comments I would love to take those. Rountree: Brian, I -- this manual was developed with the stated purpose of getting us out of designing projects and if you think it's difficult dealing with 6,000 dollars, you should have been here a number of years ago as we sat here hour upon hour upon hour trying to design projects. So, what we have as a result of us getting out of that business and doing the business that we are supposed to be doing -- and this was created by a group of professionals -- I believe six to eight architects sat with city staff and created this manual. The intent of the manual was to put it in place and see how it worked and as we worked through it identify the difficulties and come forth with modifications. We are now there. I applaud you for bringing this forward. Let's get it done, let's get the committee back together and let's -- let's make it work even better than it's worked in the past. It's been working and it's taken us out of it. But, I agree, it is complicated and we need some consistency and uniformity in how it's applied, so I fully support what you're doing. Bird: Mr. President? Rountree: Mr. Bird. Bird: Brian, I agree. You've never sat through some of those meetings when we had people that want to design the project on the developer's dollar, so I -- I think this is fantastic what you have come up with and I -- as Council President Rountree just stated, is I wholeheartedly support. I hope we get back and come back with a new redesigned manual that is more up to date. We have had our curves and straights and we got something to work on now. So, thank you, Brian, for bringing this forward. McClure: Thank you. Chatterton: Mr. President and Council Members, I just want to say thank you for your time, for listening, for being engaged on this, giving us some very, very valuable feedback. A lot of this work is -- seems kind of grinding and gruesome. The only thing that's more grinding and gruesome is you all having to deal with a less than adequate set of tools, codes, and the design manual when things are before you. So, the whole process of freeing things up to let developers design community and staff do their work, so you don't have to design. We very much appreciate you putting the time in this. It's worth it. Bird: Thank you. Meridian City Council October 21, 2014 Page 62 of 68 Rountree: Other comments? Thank you all. We will look forward to seeing the changes. Both in the UDC, as well as the design manual. G. Community Development: Adoption of Communities in Motion 2040 - The Regional Long -Range Transportation Plan H. Community Development: Resolution No. 14-1027: Endorsing Communities in Motion 2040 - The Long -Range Transportation Plan for Ada and Canyon Counties Rountree: Next two items -- Lisa, you're probably more than ready to get up here and talk to us about Communities In Motion. So -- Brian, are you -- are you not -- are you done? McClure: I'm covering for Caleb on the next item. Rountree: Oh, are you? Okay. All right. Brian, are you going to introduce this. McClure: Mr. President, Members of the Council, again, thank you for having me here. Communities In Motion 2040 or just CIM is the original long range transportation plan for Ada and Canyon counties. During its July 21st meeting the COMPASS board of directors adopted CIM 2040. The plan was developed between 2011 and 2014, with significant input from the public, planning team and leadership team. COMPASS would like the city to incorporate CIM 2040 into the city's processes. The purpose of CIM 2040 is to outline a fiscally constrained transportation system to meet the needs of the future. While a multitude a tasks, analysis, and data feed into this, it is generally a five step process, including develop the financial forecast for the funding of transportation facilities, develop a realistic scenario for how their region is likely to grow between now and 2040. This is referred to as CIM 2040 Vision. It's a map. And the future transportation needs based on the CIM 2040 Vision map. Comparing needs of the financial forecast in light of funding -- limited funding the COMPASS board decided that all federal transportation funding allocated through this plan be directed to maintenance of the existing system and to prioritize the list of unfunded need for when -- if new funding becomes available. Staff is before Council tonight asking for adoption of CIM. The city currently recognizes and adopts by reference in its current version of CIM in the City of Meridian Comprehensive Plan, but COMPASS has requested a formal adoption. The Comprehensive Plan makes reference to and supports CIM in Chapters 3 and 7. During the September 8th meeting the transportation commission forwarded on a recommendation to the City Council to adopt CIM 2040. A draft resolution supporting CIM 2040 has been prepared and I will stand for any questions. Rountree: No questions? Bird: I have none. Meridian City Council October 21, 2014 Page 63 of 68 Rountree: Do I have a motion? Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I will make a motion, but I will throw a comment in first. COMPASS and all the people that they engage in this process do -- do a wonderful job and their product is an excellent product. It's a good guide for looking at development over the next 20 years. My only hesitation is they are constrained by their federal requirements to consider 20 years to be long range and I have to throw in my opinion that 20 years is not long range. I wish at some point we could get to saying this is what full build out of this valley looks like and work backwards from that to say here is how much of it we expect to happen in 20 years, here is how much of it we expect to happen in the next ten years and I always bring up Idaho Power as the example of a commercial company that does that. They pretty well know what facilities they are going to need to support this valley at what is expected to be full build out and they are planning those facilities now. How that relates to COMPASS's work when we talk about what we are planning for Communities In Motion. If we are not looking at full build out, then, we will never be preserving enough roadway, we will never be pushing hard enough on public transportation, because the amount of pain that will happen the next 20 years is nothing compared to the pain that our grandchildren -- your grandchildren -- I don't have any children, but your grandchildren are going to have, because we are not looking that far out. That said, again, I appreciate all the effort that goes into this and I wholeheartedly support this as far as it goes, but I just wish someday we could look at the -- at the full build out and work backwards from that. So, with that said, Mr. President, I move that we adopt Communities In Motion 2040 and use that for Meridian planning. Milam: Second. Rountree: It's been moved and seconded to adopt Communities In Motion 2040. Any discussion on the motion? All those in favor of the motion signify by aye. Or does that need to be a roll call? I don't think so. Yeah. I don't think so. Okay. MOTION CARRIED: ALL AYES. Rountree: Next item is the resolution on that. Zaremba: Mr. President? Rountree: Mr. Zaremba. Zaremba: I move we approve Resolution 14-1027 endorsing Communities In Motion 2040. Milam: Second. Meridian City Council October 21, 2014 Page 64 of 68 Rountree: It's been moved and seconded to approve Resolution 14-2017. Any discussion? Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No.14-1626: An Ordinance (AZ 14-006) Victory Middle School For Annexation And Rezone Of A Parcel Located In The East % Of The W'/2 Of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-4 (Low Density Residential District) In The Meridian City Code; And Providing An Effective Date Rountree: Thank you for staying. Sorry we didn't get you up here. Okay. Next item was Item 10. Ordinances. That would be Ordinance No. 14-1626. If the clerk -- 14- 1626. If the clerk would read that by title only. Holman: Thank you. City of Meridian Ordinance No. 14-1626. An ordinance AZ 14- 006, Victory Middle School, for annexation and rezone of a parcel located in the east one half of the west one half of Section 24, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian. Establishing and determining the land use zoning classification of said laid from RUT to R-4, Low Density Residential District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. Rountree: Anyone out there -- Ralph -- want to hear that in total? Seeing none -- Milam: I move that we approve Ordinance AZ 14-006 -- Rountree: 14-1626. Milam: Where is it? Rountree: I just spoke it. Meridian City Council October 21, 2014 Page 65 of 68 Milam: Well, I'm half sleeping. Rountree: 14-1626. Milam: 14-1626. Rountree: Yes. Milam: With suspension of rules. Bird: Second. Rountree: It's been moved and seconded to adopt the ordinance with suspension of rules. Roll call vote. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics A. IdahoSTARS Request for Discussion Regarding Childcare Standards in Idaho Rountree: Next item is future meeting topics. We have one on our list. Is there another one that anyone would wish to add that you know of at this point? Bird: I have none at this point. Rountree: I don't see any. The next item on the agenda is Executive Session. Bird: Mr. President? Holman: President Rountree? Bird: Oh. Holman: The question -- we had this as a future meeting topic -- this item to decide whether you want to add it to a future meeting. Rountree: So, that is a question, not that it's -- Holman: Yeah. It's a question. Bird: Question. Meridian City Council October 21, 2014 Page 66 of 68 Rountree: Do we want to have that added and who brought that forward and who is asking, if you could tell us, Madam Clerk. Holman: It's -- Council President, Members of the Council, it's in your packets. It is -- actually, I can pull it up for you real quick. Rountree: Well, I can pull it up. Cavener: It's a request from like Red Sky PR -- Bird: Yes. Cavener: -- on behalf of -- it looks two organizations. Rountree: Okay. Bird: Mr. President? Rountree: Yes. Bird: Regarding this. I think that the child care standards is pretty well taken care of by the state laws and -- and I don't know if our -- if we want to be messing around with that. I don't know if Mr. Nary wants to have us messing around with that. We have got a good state law, let's let them -- let's let them take care of this child care business. Nary: Mr. President, Members of the Council, what's being asked -- you're correct, Council Member Bird. We have adopted the state requirements into our levels of child care as to whether you have to have an accessory use, whether it's a center, whether it's a child care facility, as to the -- from the planning standpoint. So, the other issue that comes into play with these -- and I don't know if that's the specifics with this request -- is some of the enforcement on the volumes and ratios and things like that and in the past you have been asked -- there is a tremendous cost to managing that part of the child care issue and the city has not felt the compelling need to do that and that hasn't been an issue that's been requested of the Council from anyone, other than other agencies, but, again, there is a cost to it, there is no money attached to it, so there is an expense to the city to enhance the requirements or to create more of an enforcement mechanism towards those. We already used the planning process to determine where child cares can locate, as well as the number of children that can be present and things like that. We don't have any other things for enforcement that you might see in other cities of having child care officers going out and doing inspections in the particular places. We do have fire department -- the fire department inspect them in regards to the safety requirements, but for other things and ratios and such we don't do that. Rountree: Okay. Is there a desire, then, to allow them the 15 minutes that they request or -- Meridian City Council October 21, 2014 Page 67 of 60 Bird: Mr. President? Rountree: Mr. Bird. Bird: I have no problem allowing them 15 minutes, but I just wanted to point out that -- that we do have -- Rountree: We do have. Bird: We do have very good child care rules and stuff and -- and what this would be -- an unfunded mandate for us to pay for to do, as I understand. But I will give them their -- I have no problem giving anybody 15 minutes. Milam: Hear them out. Rountree: Other comments? Mr. Zaremba. Zaremba: I would agree with Mr. Bird. I think it's worth listening to them, but from back in my planning and zoning days I know every time that somebody applies for an in- home child care, all the neighbors come and say we ought to have more rules, we ought to have more rules and Mr. Nary makes the point, whatever rule you have you have to enforce, so you have to set up a mechanism to do that and the state laws are adequate. So, I'm willing to listen, but I hope we will be very circumspect in any action we might take about it. Rountree: Other comments? Generally in agreement to have them scheduled for an upcoming workshop, depending on the length that we might see and we can schedule them either November or December. Cavener: Mr. President? Rountree: Luke. Cavener: Mr. President, I think the request is for the 18th. Rountree: I understand what their request is, but it's our decision, so you want to let them know that we will schedule them in a space available in an upcoming workshop. It's a workshop item. And let them know what those dates are, the between now and the end of the year. Item 12: 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 Rountree: Okay. Executive Session. Meridian City Council October 21, 2014 Page 68 of 68 Bird: Mr. President? Rountree: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c). Milam: Second. Rountree: It's been moved and seconded to go into Executive Session. Roll call vote, please. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (9:28 p.m. to 9:43 p.m.) Rountree: Do I have a motion to come out of Executive Session? Bird: So moved. Zaremba: Second. Rountree: It's been moved and seconded to come out of Executive Session. All those in favor signify by aye. MOTION CARRIED: ALL AYES. Rountree: Need one more motion. Bird: I move we adjourn. Zaremba: Second. Rountree: It's been moved and seconded to adjourn. All in favor? MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:43 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) q :Y�QATE APPROVED ATTE�;:,,,v�� 10. Ordinances A. Ordinance No.14-1626: An Ordinance (AZ 14-006) Victory Middle School For Annexation And Rezone Of A Parcel Located In The East % Of The W % Of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-4 (Low Density Residential District) In The Meridian City Code; And Providing An Effective Date Approved 11. Future Meeting Topics A. IdahoSTARS Request for Discussion Regarding Childcare Standards in Idaho Schedule for a Future Workshop 12. 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, October 21, 2014 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. DATE: October 21, 2014 ITEM TITLE: Approve Minutes YdATHUMM443 M Approve Minutes of September 22, 2014 City Council Strategic Planning 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 ITEM TITLE: Approve Minutes Approve Minutes of October 7, 2014 City Council Regular Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION MCI DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • • r DATE: October 21, 2014 li 5C PROJECT NUMBER: ITEM TITLE: RECREATIONAL PATHWAY EASEMENT Recreational Pathway Easement Between Brighton Development, Inc. and the City of Meridian for Messina Meadows #5 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 2014-086343 BOISE IDAHO Pgs=6 LISA BATT 101231201411:00 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00033364201400863430060060 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this -2L day of O CAuhe W 12014, between Brighton Development Inc., an Idaho corporation, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantor desires to grant an easement to establish a public pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the parties agree as follows: THE GRANTOR does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. THE EASEMENT hereby granted is for the purpose of providing a public recreational pathway easement for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that the Grantor shall repair and maintain the pathway improvements. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to Recreational Pathway Easement such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. BRIGHTON DEVELOPMENT INC., an Idaho corporation Ad'vffV. Turiibull, Presi STATE OF IDAHO ) ss County of Ada ) On this day of October, 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the President of Brighton Development Inc., that he executed the within instrument on behalf of such 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 fist above written. wlz6 —/ &/ /�/- 111'0'FA-v� N TAR UBLIC F ID HO REBECCA Aliie�WKv Commission Expires: �Vj 44 K1,0TARY PUBLIC STATE OF IDAHO Recreational Pathway Easement ',1M CITY OF MERIDIAN CCS n CL� cit"La 12ou�ti�, Ccu.rtc.tQ PLS, Holman, City Clerk � Approved By City Council On: STATE OF IDAHO ) ss. County of Ada 9 cityaf ;IZ\DTANt- OPIIO On this QA day of 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared and JAYCEE HOLMAN, known tome to be the n� City Cl rk, s e e City of Meridian, Idaho, and who executed the wi m ins ri7 n 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. Recreational Pathway Easement EXHIBIT A Description of Pathway Easement Legal Description Messina Meadows Subdivision No. 5 City of Meridian — Recreational Pathway Easements Easements being located in the SW %, of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows; Easement No. 1 Commencing at an Aluminum Cap monument marking the southwest corner of the SE I/ of Section 29, from which a 518 inch diameter iron pin marking the southeast corner of the SE'/, of said Section 29 bears S 89°43'43" E a distance of 2656.26 feet; Thence N 0'1613" E along the westerly boundary of said SE'/, a distance of 721.02 feet to a point, Thence N 58°54'03" W a distance of 29.12 feet to a point; Thence N 51 °29'42" W a distance of 92.62 feet to a point, Thence N 37°39'31" E a distance of 28.00 feet to the POINT OF BEGINNING; Thence N 37°39'31" E a distance of 14.00 feet to a point; Thence S 53004'38" E a distance of 91 79 feet to a point; Thence S 54059'37" E a distance of 59.95 feet to a point, Thence S 52°20'27" E a distance of 473.03 feet to a point, Thence a distance of 352.68 feet along the arc of a 1115.91 foot radius curve right, said curve having a central angle of 18006'29" and a long chord bearing S 43°17'12" E a distance of 351.22 feet to a point; Thence S 0°26'23" W a distance of 24.95 feet to a point; Thence a distance of 368.77 feet along the arc of a 1101 91 foot radius non -tangent curve left, said curve having a central angle of 19010'30" and a long chord bearing N 42045'12" W a distance of 367.05 feet to a point; Thence N 52020'27" W a distance of 472.71 feet to a point; Thence N 54°59'37" W a distance of 59.86 feet to a point; Thence N 53°04'38" W a distance of 92.22 feet to the POINT OF BEGINNING. Said parcel contains 13,797 square feet and is subject to any other easements existing or in use. Easement No. 2 Commencing at an Aluminum Cap monument marking the southwest corner of the SE '/, of Section 29, from which a 518 inch diameter iron pin marking the southeast corner of the SE % of said Section 29 bears S 89043'43" E a distance of 2656.26 feet; Thence N 01513" E along the westerly boundary of said SE'/. a distance of 721.02 feet to a point; Thence N 58054'03" W a distance of 29.12 feet to a point, Thence N 51'29'42" W a distance of 142.62 feet to a point; Thence N 37°39'31" E a distance of 28.00 feet to the POINT OF BEGINNING; Lan>�a)utions Messina Meadows No. 5 �_—' lana survey.' and Consulting Job No. 13-28 Page i of 2 Thence N 51'29'42" W a distance of 80.33 feet to a point; Thence N 51'27'23" W a distance of 85.87 feet to a point; Thence N 52°49'36" W a distance of 456.73 feet to a point, Thence N 33°29'38" W a distance of 89.95 feet to a point; Thence N 0003'36" E a distance of 25.33 feet to a point; Thence S 33°29'38" E a distance of 108.68 feet to a point; Thence S 52°49'36" E a distance of 454.51 feet to a point; Thence S 51027'23" E a distance of 86.04 feet to a point; Thence S 51 °29'42" E a distance of 80.11 feet to a point; Thence S 37039'31" W a distance of 14.00 feet to the POINT OF BEGINNING. This parcel contains 10095 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC o�P� LANO October 14, 2014 La�/7-d iblut70MS Messina Meadows No. 5 ��une smveymo ene co�mmny Job No. 13-28 Page 2 of 2 N n H O®� V 1- C F AtlM 3Wp3LNOW 5 ti I [¢pdra � iihmrvc j'mm NOry�. V WOpry Mtlld IIpfiWOtLLS '$ N Ln o J N 0 O a Z¢ a Z - AVM O 'w^ tlltl53tlW '$ K 0 Z I a V) 0- z n _ z "I l.i L d o /i w w > / L 11Ww F" o i/ a m v l w U`1 w W �� m I, i y /4VLrn O z I 5W Q a��\ /�/�i o —zouc —3 .cl.s i.o N_ LnN Q / V rv�i f �Z y�6ry° ry Ln _Z r _ c ,tiya z N All A N Lon V) M' o W Z!! J ~ ry N / !j ari Pr ;! 3ww www3333w3333www ww3 Om Y R OU T aN�s ��" oma"m ery aT_ o ul 3 94l U Nd ��\ DATE: October 21, 2014 ITEM TITLE: RESOLUTION NO. Resolution No.�� It�C�, A Resolution to Retire Police Canines BLITZ and BOWSER MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO APPROVE RETIRING MERIDIAN POLICE DEPARTMENT POLICE CANINES "BLITZ" AND "BOWSER"; AND TO DECLARE SUBJECT CANINES SURPLUS PROPERTY OF NOMINAL VALUE; AND TO AUTHORIZE THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SUCH PROPERTY BY TRANSFERING OWNERSHIP OF SUBJECT CANINE "BLITZ" TO HIS HANDLER MERIDIAN POLICE DEPARTMENT K-9 OFFICER ISAIAH WEAR AND SUBJECT CANINE "BOWSER" TO MERIDIAN POLICE DEPARTMENT OFFICER SETH WASHBURN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have received the recommendation from the Meridian Police Department that police canines "Blitz" and "Bowser" are suitable for retirement due to medical issues that no longer allow for their proper and safe use; and WHEREAS, a retired police canine has no saleable value, as it would be unsafe or inappropriate for possession by the general public; and WHEREAS, the City wishes to divest itself of both ownership and vicarious or direct liability for the subject canines; and WHEREAS, it is in the best interest of the City of Meridian to thus declare that police canines "Blitz" and "Bowser" as described in the attached Exhibit A are surplus property, with nominal value, no longer needed or to be used by the City of Meridian; and WHEREAS, the City's purchasing policy guidelines for disposing of surplus property of nominal value do not contemplate the standard protocol for disposing of a retiring police canine, that being transferring ownership to the canine's handler if agreeable, or if not, to proceed to locate an officer who has been a K-9 Officer in the past who is willing to assume ownership; and WHEREAS, the Meridian Police Department recommends and supports the donation of a retiring canine to its handler or other experienced K-9 Officer so that the canine who has served as a valuable member of the Department may remain and live out the remainder of its days in suitable surroundings and appropriate companionship; and WHEREAS, Meridian Police Department K-9 Officer Isaiah Wear is currently "Blitz's" handler and is willing to accept responsibility for the care of "Blitz" and agrees to assume RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINES "BLITZ" AND "BOWSER"- 1 of 3 financial responsibility of, and liability for, the dog and to provide a comfortable, humane and caring environment for the remainder of his life; and WHEREAS, Meridian Police Department Officer Seth Washburn, having previous experience as a K-9 Officer during his law enforcement career, is willing to accept responsibility for the care of "Bowser" and agrees to assume financial responsibility of, and liability for, the dog and to provide a comfortable, humane and caring environment for the remainder of his life; and WHEREAS, Officer Wear and Officer Washburn agree to accept ownership of "Blitz" and `Bowser", respectively, as each canine's present health condition exists without warranty or representation from the City of what that condition is or may become; and WHEREAS, Officer Wear and Officer Washburn agree that neither "Blitz" nor "Bowser", respectively, will perform any searches or activity related to patrol narcotic -related duties or patrol apprehension -related duties; and WHEREAS, Officer Wear and Officer Washburn agree to release the City from any and all liability that might arise from owning a retired police canine upon transfer of ownership; and WHEREAS, the Mayor and City Council find that the unique and special circumstances surrounding the retirement of a police canine warrant waiver of the City's purchasing policy disposal guidelines for surplus property of nominal value; and WHEREAS, the Mayor and City Council find that transferring "Blitz's" and "Bowser's" ownership to Officer Wear and Officer Washburn respectively is the safe, appropriate, and humane method for disposition of "Blitz" and "Bowser" upon their retirement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor and City Council approve the retirement of Meridian Police Department police canines "Blitz" and "Bowser". Section 2. That the Mayor and City Council declare the subject canines to be surplus property of nominal value belonging to the City of Meridian. Section 3. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Blitz" to Meridian Police Department K-9 Officer Isaiah Wear. Section 4. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Bowser" to Meridian Police Department Officer Seth Washburn. RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINES "BLITZ" AND "BOWSER"- 2 of 3 Section 5. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of October, 2014. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of October, 2014. APPROVED: -Maot - nmy-de° Weerd_. l , � � t E ATTEST: L. Holman, City Clerk RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINES "BLITZ" AND "BOWSER"- 3 of 3 -01 0, Ow T!� w ()Do m° o a 3� m m ��o m O o 3 m 3 0) Q a' v o -� m �0-�5M'(� N-�->( 'Z ((DD 0 '06 � O _o 'll (D g o ']' _ — _ (n (D O 7 "06 5- W 7 Q O N' - N• 7 O (n ID K C CD o O- 0 (p r (Q 3- 00 `< O 3 (D (OD 0(D 3 3 (D N' —0— (D --2, n (D `� L' O 71 W (D (n -'p W W o -o `< p 0�Q (D O -O �* C O -n n Q O ti(D O -s (D (•D (D ((D Q- 3 0 Q 0 p W < - ;:L3 0 Z7 O .-�_ O cD VDi 0 Q W m' (D E O z' Q (D O W O o o N 0 (D m (n W Z)- o Q `< 90 ' fD C-) O 7 Q O Z3 0 W CD CD0 6 (D Q U) O cn (D Q �y _v V (n "0 ®ch O D 0 r m D C � rn V) V O r O (D ®o C O" I T1 cn (D U) (D m = C/)3 W -� m uii (�D Zr E ((D 'O Q O Q- 3 O � N � (D 00 :3 N (D O, MO MO O (D N n (D - (D W (rt 3 (n o y X O � w D m (D fD (D N 3 (D O Fn' a C N (D (D c 3 (D W � rt O ¢ CL p O a' 3 (D o O o N 0 o (D D 'O a N i (n a y W CL 0 W O O CL m 3 0 � ti rt N .n (D O O O W w Q 7' o O N W O O a� O m n O 0 O X G) z D r n O r m D z a D n c m (n m ;1 T> C m z v O ;u .0 O (D C) W (D p Cn m D cn T m n (7 r O D O z v m D X m z mpC�� CoD ORO ; c o 1 0 W O N T ?'I v C/) Cn o 0 o a (n M (D(D,E:t3m3vvoQ�o o m W'-0 (D o m m�� o 3� m m O v 0 In -fig c m O cn `'� (D (n � o �l ID '7l S 0 'p (nn (D <o (D 3cn w D 0 O W O (D K C C O- 0 ' I" (p3-oao�o3o_ (OD p(D (`D 3 :3 rt S� 0 � — O O � � (D m Z70 o (D `< 3 2i 7o (D � (D 0 a w S1J -0 o ,< o ' p (D 3 ..0 �: m - .O (D C N Q 0 v0i (D -0 00 N N n ( U' o O a < 050 (CD m3 � m o O < (D ° a-.1Qom m (D , r.0m in 3 0 0 �, vDi o N O OO �' (0'J .. (D (Q N S 0 Q PO - (D 'a N 0 O < D C o` Cr n o C 0 (D O (D (D o CD 7^' < v` n J m 0 v D O < w 9 12 k 0 O Q O 0 cn 0 6 (D Q N 'O 0 m m 0 0 0 0 a o' "0 ® O D 0 r m D C m VJ O r T2 / 0 ® (D Oo G m � 1�1 � N CD CD m (D m a c/ CA CJI N. W N A ; (D S ((D 0.. N7 (D (p , (n m O o 3 lD N N .� (D 'O n (,)U) X 0 (o 0 o (D (n .a D J m 0 v D O < w 9 12 k 0 O Q O 0 cn 0 6 (D Q N 'O 0 m m 0 0 0 0 a o' "0 ® O D 0 r m D C m VJ O r T2 / 0 ® (D Oo G m � 1�1 � N CD CD m (D m a c/ CA CJI N. W N -� p-0 (D S ((D 0.. N7 (D (p , (n m O o 3 lD N N .� (D 'O n (,)U) X 0 (o 0 o (D (n .a D a z (nn (D <o (D 3cn w D (D (D o X y � C rt 7 pj D o (D S m m m c O 0 ° a Q m o O < (D ° (D (Q. , DATE: October 21, 2014 ITEM NUMBER:5 PROJECT [119', qllllffl� ,..� Approval of Sole Source Purchase for Mtell Predictive Analysis/Conditions Based Management Software and Professional Services from Mtell 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 To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager : Jacy Jones, Scott Colaianni Date: 10/16/14 Re: October 21 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 21St City Council Consent Agenda for Council's consideration. Approval of Source Purchase for Mtell Predictive Analysis Conditions Based Management Software and Professional Services from Mtell. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper 14 days prior to purchase and authorize the Purchasing Manager to issue purchase orders and/or contracts for Mtell products and services as needed. Thank you for your consideration. Page 1 (:��VIEN WimelatT l�Nl 7/_1 1 Date: 10-13-2014 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 Item or Service: Mtell Predictive Analysis / CBM Software and Professional Services ❑ Sole Source: Item is available from only one vendor. Item is one -of -a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) The City's Supervisory Control and Data Acquisition (SCADA) System was recently re -designed under the direction of our 2013 SCADA Master Plan. This master plan was developed to increase capability and capacity of our current SCADA System making it more valuable and efficient as a data collection management tool. Part of this improvement is the incorporation of Condition Based Monitoring (CBM) software and related programing needed to combine data captured by SCADA and merging it into the City's Infor Asset Management System. This software is vendor specific and is the only one authorized by infor Systems and capable of meeting the monitoring and functionality requirements of the City's SCADA and Asset Management Systems, Mtell CBM Software is patented and as such is only distributed by the manufacture Mtelligence Corporation (DBA Mtell). . *Please see attached the attached Sole Source Letter resolution designating of Mtelligence Corporation for Mtell Software. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Dennis Teller Requestor (Pira- gm ) or r Department Manager Council Approval Date: 101Q Purchasing Approval: Pur asing Manager F3 Mtell Sole Source Justification To: City of Meridian Idaho — Water Division From: Mtelligence Corporation (DBA Mtell) Date: 1 October, 2014 Re: Sole Source Justification for Mtell Predictive Analytics / CBM Software & Professional Services This letter is intended to serve as a Sole Source justification for the Mtell Predictive Analytics / CBM Software & Professional Services at the City of Meridian ID as of the date indicated above for the following reasons: 1. Product includes proprietary intellectual property which is covered under US Patent # 8,380,842 B2, issued Feb 19, 2013 — "System and Methods for the Universal Integration of Plant Floor Assets and a Computerized Management System" (See document Mtell_Patent-08380842.pdf) a. This intellectual property will be used for connecting data contained in the City of Meridian Idaho — Water Division's SCADA (supervisory control and data acquisition) System with the Infor computerized maintenance management system (IPS 8.3). 2. Mtell Advanced is a condition monitoring solution using machine learning that stops machines breaking down, makes them last longer, reduces maintenance costs and results in net increases in production output on any processes where it is installed. a. The Mtell Product contains unique features (including Machine Learning via Artificial Intelligence algorithms) which support a predictive analytic business model with the intent to reduce costs / expenses / unplanned downtime events. 3. Difference of other Condition Monitoring Techniques: a. Ideal equipment protection must recognize precise failure modes, time -to -failure, and automatically learn and adapt with little intervention as operating conditions change. Most other condition monitoring products only execute anomaly detection; using modeled estimates against actual measured performance to determine if variances are apparent. They do not do precise pattern recognition to learn normal and exact failures and they provide much later stage warnings; often occurring only after damage has already occurred. b. Whereas, the Mtell product executes very precise pattern recognition of changes in stream signals produced from sensors on and around the equipment being monitored. As a result, the technology detects extremely early onset of degradation through multi- variate differences across all the streaming signals and also temporal distinctions; tiny changes in those signals offset by time. 1550 Hotel Circle North, Suite 120, San Diego, CA 92108 PH: 619-295-0022 URL: www.mtell.com F3 4. Professional Services Subject Matter Expertise for the installation/ configuration/ support of the Mtell Advanced product is possessed by Mtell only. 5. Mtell is the only authorized provider for product training, support, maintenance and upgrades of the referenced product. Submitted by: Paul Rahilly CEO Mtelligence Corporation (DBA Mtell) 1550 Hotel Circle North, Suite 120, San Diego, CA 92108 PH: 619-295-0022 URL: www.mtell.com (12) United States Patent Bates et al. (54) SYSTEM AND METHODS FOR THE UNIVERSAL INTEGRATION OF PLANT FLOOR ASSETS AND A COMPUTERIZED MANAGEMENT SYSTEM (75) Inventors: Alex Bates, San Diego, CA (US); Paul Rahilly, San Diego, CA (US); Scott MacNab, Wilsenville, OR (US); Gordon Brooks, San Diego, CA (US) (73) Assignee: Mtelligence Corporation, San Diego, CA (US) O Notice: Subject to any disclaimer, the term of this patent is extended or adjusted under 35 U.S.C. 154(b) by 1638 days. (21) Appl. No.: 11/740,404 (22) Filed: Apr. 26, 2007 (65) Prior Publication Data US 2008/0271057 Al Oct. 30, 2008 (51) Int. Cl. G06F 15/16 (2006.01) G06F 151173 (2006.01) G08B 21100 (2006.01) (52) U.S. Cl. ......... 709/224; 709/217; 340/501; 340/679 (58) Field of Classification Search .................. 709/246, 709/217, 224; 340/501, 679 See application file for complete search history. (56) References Cited U.S. PATENT DOCUMENTS 5,764,155 A 6/1998 Kertesz et al. 6,192,325 Bl 2/2001 Piety et al. 6,266,713 Bl 7/2001 Karanarn et al. 6,411,963 Bl 6/2002 Seese et al. 6,421,571 B1 7/2002 Spriggs et al. 6,466,934 B2 10/2002 Seese et al. 6,513,044 132 1/2003 Seese et al. 6,587,900 BI 7/2003 Wiscbinski mom can uuAuuduuwiiumnuiuiuii�uui�u�iuAuiuii (1o) Patent No.: US 893809842 B2 (45) Date of Patent: Feb. 19, 2013 6,600,964 132 7/2003 Hess et al. 6,687,761 B 1 2/2004 Collins et al. 6,775,576 132 8/2004 Spriggs et al. 6,813,587 B2 11/2004 McIntyre et al. 6,889,096 B2 5/2005 Spriggs et al. 6,901,432 B2 5/2005 Peterson et al. 6,993,576 Bl 1/2006 Labedz et al. 7,085,841 B2 8/2006 Edwards et al. 7,117,119 B2 10/2006 Van Dyk et al. 7,120,558 132 10/2006 McIntyre et al. 7,133,727 B2 11/2006 Van Dyk et al, 7,146,230 B2 12/2006 Glanzer et al. (Continued) OTHER PUBLICATIONS Mathew et al., A review of the MIMOSA OSA-EAI database for condition monitoring systems., Jul. 2006 http://epiints,qut.edti.ati/ 8290/.* (Continued) Primary Examiner — Joseph Avellino Assistant Examiner — James Conaway (74) Attorney, Agent, or Firm — Cooley LLP (57) ABSTRACT A server platform and a method to integrate a plurality of diverse plant floor equipment with at least one computerized management system in a manufacturing operational or main- tenance system, The server platform includes a plurality of plant floor drivers adapted to communicatively interface with a plurality of diverse plant floor data sources. The server platform further includes at least one computerized manage- ment system driver adapted to communicatively interface with the at least one computerized management system. The server platform also includes a message translator adapted to broker communication between the plant floor data sources and the at least one computerized management system using an open standard. The server platform, using the open stan- dard, enables a universal enterprise type taxonomy across the plant floor data sources and the at least one computerized management system. 57 Claims, 10 Drawing Sheets US 8,380,842 B2 Page 2 U.S. PATENT DOCUMENTS 2006/0058987 Al* 3/2006 Kumar et al . ..................... 703/2 2006/0074498 Al 4/2006 Kalan et at. 7,151,966 Bl 12/2006 al. Baier et al 2006/0133412 Al 6/2006 Callaghan 7,181,493 B2 2/2007 English al. 2006/0164296 Al 7/2006 LaMothe et al. 7,512,906 Bl* 3/2009 Baier et al ..................... 715/866 2006/0224361 Al 10/2006 McIntyre l. 7,548,970 B2 6/2009 Labedz et al. t 1. 2006/0235951 Al 10/2006 Edwards et 7,606,919 B2 10/2009 Labedz et al. 2006/0259603 Al 11/2006 et al. 1, 8,200,620 B2 * 6/2012 Aki ama et al ............... 707/609 KeeverShrade 2007/0143162 Al * 6/2007 Keever et 705/7 2001/0001851 Al 5/2001 Piety et al. t al .................... 2007/0226317 Al * Rydberg et 709/218 2001/0032202 Al 10/2001 Seese et al. 4/2007 Hall .................. 2008/0079560 Al * 4/2008 Hall et al . ..................... 340/506 2001/0032206 Al 10/2001 Seese et al. 2010/0082130 Al* 4/2010 et al ..................... 700/83 2002/0103828 Al 8/2002 Kupiec et al. 2012/0078403 Al* 3/2012 Cahill Cahill et al. ................. 700/95 2002/0116486 Al 8/2002 Toure et al. a l 2012/0173671 A t * 7/2012 Callaghan et al ............. 709/217 2002/0161674 Al* 10/2002 Scheer ............................ 705/28 2002/0198990 Al 12/2002 Bradfield et al. OTHER PUBLICATIONS 2003/0004598 Al 1/2003 Morris 2003/0004987 Al 1/2003 Glanzer et al. MIMOSA, MIMOSA's Open System Architecture for Enterprise 2003/0023518 Al* 1/2003 Spriggs et al ................... 705/28 Application Integration (OSA-E.AI) Technical Architecture Smn- 2003/0028269 Al 2/2003 Spriggs et al. mary, Dec. 2006.* 2003/0126222 Al 7/2003 Peterson et al. OpenO&M, Collaborative Operations & Maintenance Using MIMO- 2003/0200060 Al 10/2003 Eryurek et al. SA's OSA-EAI and ISA-95/B2MML, Oct. 2006 2003/0200130 Al 2004/0024572 Al 10/2003 2/2004 Kali et al. Pagnano et al. MIMOSA; MIMOSA's Open System Architecture for Enterprise 2004/0143628 Al 7/2004 Bradford et al. Application Integration (OSA-EAI) Technical Architecture Sum - 2004/0153594 Al 8/2004 Rotvold et al. mary; May 2006. 2005/0010931 Al 1/2005 Langkafel et al. MIMOSA; MIMOSA OSA-EAI, Common Conceptual Object 2005/0027379 Al 2/2005 Dyk et al. Mode, Version 3.0; Updated: May 2, 2006. 2005/0044532 Al 222005 Pfarder et al. Machinery Information Management Open Systems Alliance; Tech - 2005/0060408 Al 3/2005 McIntyre et al. XML -Services Client & Server, Version 3.0; Jim. 16, 2006. 2005/0177533 Al 8/2005 Herzog 2005/0267882 Al* 12/2005 Aupperlee et al ................. 707/4 " cited by examiner U.R. Patent / k ) § � / Fe .19 2013 Sheet 1 of 10 US 8,380,842 G2 U.R. Patent Fe ,}9 20!] Sheet 2 0 !O / c / % � \ US 89380,842 G2 \) c 2 { e } § � � \ •{ � / ( v ! c / % � \ US 89380,842 G2 \) c 2 { U.S. Patent Feb. 19, 2013 Sheet 3 of 10 US 8,380,842 B2 U.S. Patent c�3 Feb. 19, 2013 Sheet 4 of 10 US 8,380,842 B2 U.R. Patent / � / Fe ,!9 2n}] 0 tn Sheet 5 of !O CA US 8 380 842 B2 5 \ 7 U.S. Patent Feb. 19, 2013 Sheet 6 of 10 US 89380,842 B2 ago 0 0 0 sm M C �G 0 0 0 ,I- vl 110 N ago 0 0 0 sm M C �G 0 0 0 ,I- vl 110 U.S. Patent Feb. 19, 2013 Sheet 7 of 10 US 89380,842 B2 G N a�g v O N U O 15 N -au O N _ N N O �., v, P• v ei Q- •cJ rq �+� � "�S' � Vl y N N fd R (N Id O � p •N <�C O O O US 89380,842 B2 G N U.S. Patent Feb.19, 2013 M Sheet 8 of 10 9 KAI u Q N 3, A] m US 8,380,842 B2 7 a� v Q w w V 00Q U.S. Patent / � Fe ,!9 20!] Sheet 9 0 !O US 893809842 G2 � . �« \ j ƒ \ & § e § • } y § g > � c � » / _ \ A \ § & q .0 j ( d §)a o • � g r � . �« \ j ƒ \ & § e § • } y § g > � c � » / _ \ A \ § & V.S. Patent Feb. 19, 2013 Sheet 10 of 10 US 8,380,842 B2 booker 0 0 US 8,380,842 B2 1 2 SYSTEM AND METHODS FOR THE external vendor system is speaking the MIMOSA language, UNIVE RSAL INTEGRATION OF PLANT whichis notthe case today and is notlikelyto becomethe case FLOOR ASSETS AND A COMPUTERIZED any time soon. MANAGEMENT SYSTEM Manufacturers are drowning in a flood of real-time and 5 non -real time data and are losing revenues at the same time. TECHNICAL FIELD Therefore, there is a growing call for a manufacturing intel- ligence solution that contextualizes the disparate data in a Certain embodiments of the present invention relate to balanced manner. manufacturing operational and maintenance systems and Further limitations and disadvantages of conventional, tra- methods. More particularly, certain embodiments of the 10 ditional, and proposed approaches will become apparent to present invention relate to a server platform and method for one of skill in the art, through comparison of such systems integrating a plurality of diverse plant floor equipment to at and methods with the present invention as set forth in the least one computerized management (CM) system by enabling a universal enterprise type taxonomy across the remainder of the present application with reference to the plant floor data sources and the CM system using an open r5 drawings, standard. BRIEF SUMMARY BACKGROUND An embodiment of the present invention comprises a Large manufacturers today face extreme margin pressures 20 server platform for integrating a plurality of diverse plant from low-cost producers, rising energy costs, and regulatory floor equipment with at least one computerized management and environmental restrictions. The need to improve asset (CM) system. The serverplatform includes a plurality of plant performance is very great. One barrier to improvement has floor drivers adapted to operationally interface with a plural - been the absence of a performance management solution ity of diverse plant floor data sources to at least receive infor- encompassing the various divisions of operations, mainte- 25 mation from the plant floor data sources. The server platform nance, and finance, for example. With each division using its also includes at least one CM system driver adapted to opera - own performance metrics, it is difficult for optimal decisions tionally interface with the at least one CM systern to at least to be made, such as balancing reliability goals against asset receive information from the at least one CM system. The utilization goals, server platform further includes a message translator adapted Many people have been chasing the "holy grail" of self- 30 to broker conmiun icationbetweenthe plant floor data sources diagnostics. Furthermore, there are many balanced score- and the at least one CM system using an open standard. cards and key performance indicator solutions being offered Another embodiment of the present invention comprises a in today's market. Many seem to be making similar claims method of integrating a plurality of diverse plant floor equip - including that their product will make a manufacturing pro- ment with at least one computerized management (CM) sys- cess ran better, faster, more efficiently, and with greater 35 tem. The method includes establishing first communication returns. However, one of the greatest challenges for effec- links between a server platform and a plurality of diverse tively improving plant asset performance is that the necessary plant floor data sources via a plurality of plant floor adapters information is scattered across disconnected silos of data in of the server platform to at least receive information from the each department. Furthermore, it is difficult to integrate these plant floor data sources. The method further includes estab- silos due to several fundamental differences. For example, 40 lishing a second communication link between the server plat - control system data is real-time data measured in terms of form and at least one computerized management (CM) sys- seconds, whereas maintenance cycle data is generally mea- tem via at least one CM system adapter of the server platform sured in temis of calendar based maintenance (e.g., days, to at least receive information from the CM system. The weeks, months, quarters, semi-annual, annual), and financial method also includes discovering defined device objects and cycle data is measured internis of fiscal periods. Furthermore, 45 types of the plurality of plant floor data sources via the first different vendors of various equipment and enterprise sys- communication links and importing the discovered device tems tend to have their own set of codes (e.g., status codes) objects andtypes into the server platform. The methodfurther and are non compliant with any universal standard. includes discovering defined management objects and types An open standard is a standard that is publicly available of the at least one CM system via the second communication and has various rights to use associated with the standard. The 50 link and importing the discovered management objects and term "open" is sometimes restricted to royalty -free technolo- types into the server platform. The method also includes gies while the term "standard" is sometimes restricted to mapping the discovered objects and types to universal iden- technologies approved by formalized committees that are tifiers within the server platform, wherein the universal iden- open to participation by interested parties and which operate tifiers are defined in ani open standard. on a consensus basis. As used herein, the term "open" refers 55 A further embodiment of the present invention comprises a to a standard that is publicly available and that may be used system for maintenance and asset management. The system across vendors and customers. includes a plurality of plant floor data sources adapted to MIMOSA (Machinery Information Management Open collect data from a plurality of plant floor equipment. The Systems Alliance) is am operations and maintenance informa- system also includes at least one computerized management tion open systems alliance organized as a non-profit trade 60 (CM) system and a server platform adapted to integrate the association which includes vendors, integrators and service plurality of plant floor data sources with the at least one CM providers, and end users. MIMOSA collaboratively develops system based on a universal enterprise type taxonomy using and promotes open standards for operations and maintenance an open standard. for fleets, plants, and facilities. MIMOSA produces vendor- These and other advantages and novel features of the neutral open information exchange standards. The MIMOSA 65 present invention, as well as details of illustrated embodi- open standard provides a common language for vendors to ments thereof, will be more fully understood from the follow - use. However, the MIMOSA standard assumes that every ing description and drawings. US 8,380,842 B2 3 BRIEF DESCRIPTION OF THE DRAWINGS FIG. 1 is a schematic block diagram of an embodiment of a server platform for integrating a plurality of diverse plant floor equipment with at least one computerized management (CM) system; FIG. 2 is a schematic block diagram of an embodiment of a system for maintenance and asset management using the server platform of FIG. 1; FIG. 3 is an exemplary diagram graphically illustrating a discrete mapping of device objects to CM objects. FIG. 4 illustrates a flowchart of an embodiment of a method of integrating a plurality of diverse plant floor equipment with at least one computerized management (CM) system using the server platform of FIG. 1; FIG. 5 illustrates a flowchart of a first embodiment of a method of semantically contextualizing vendor types to uni- versal type identifiers; FIG. 6 is an exemplary diagram graphically illustrating the method of FIG. 5; FIG. 7 illustrates a flowchart of a second embodiment of a method of semantically contextualizing vendor types to uni- versal type identifiers; FIG. 8 is an exemplary diagram graphically illustrating the method of FIG. 7; FIG. 9 is an exemplary diagram graphically illustrating a process for setting up (i.e., configuring) the server platform of FIG. 1 within the system of FIG. 2; and FIG. 10 is a diagram graphically illustrating a process for actively running the system of FIG. 2 using the server plat- form of FIG. 1. DETAILED DESCRIPTION FIG. 1 is a schematic block diagram of an embodiment of a server platform 100 for integrating a plurality of diverse plant floor equipment with at least one computerized man- agement (CM) system for the purpose of maintenance and asset management in an enterprise. The server platform 100 interfaces between plant floor data sources 210 of the plant floor equipment 220 and a computerized management (CM) system 230 (see FIG. 2), enabling a universal enterprise type taxonomy across the plant floor data sources 210 and the CM system 230 in a manufacturing operational or maintenance environment, for example. FIG. 2 is a schernatic block diagram of an embodiment of a system 200 for maintenance and asset management using the server platform of FIG. 1. The server platform 100 pro- vides an open standard interface between the plant floor and the CM system. In accordance with an embodiment of the present invention, the server platform provides a common MIMOSA -based interface between the plant floor and the CM system, allowing interoperability between the plant floor and the CM system. The server platform 100 provides the tools and applications to contextualize information and bro- ker com municationusing the MIMOSA standard vocabulary. Information utilized by the MIMOSA message protocol is organized and communicatedusingXML, in accordance with an embodiment of the present invention. The CM system 230 may comprise an enterprise asset management (EAM) system or a computerized maintenance management system (CMMS), for example. Other CM sys- tems are possible as well. The CM system 230 typically acts as a maintenance system but may also encompass other areas such as costs and financials in which executives may have an interest. In accordance with an embodiment of the present 4 invention, more than one CM system may be interfaced to the server platform 100, even if the CM systems are of differing kinds. The plant floor equipment 220 may include, for example, 5 motors, compressors, engines, boilers, manufacturing machines, or any other type of equipment that may be found in a plant or factory environment. The plant floor data sources 210 include devices that provide access to operational or measurement data of the plant floor equipment 220. For io example, the plant floor data sources 210 may include on-line condition monitoring devices, process control devices, asset health devices, plant historian devices, transient measure- ment devices, off-line sampling measurement devices, 15 hnnan-machine interface devices (e.g., for inspection -based expert recommendations), or any other type of devices that collect and output electronic data or information related to the plant floor equipment 220. The plant floor equipment 220 and the associated plant 20 floor data sources 210 tend to be of very diverse and disparate types. Also, the CM systems tend to be quite unique in their design and data structures. The server platform 100 provides the integration that allows information collected from such disparate types to be related and effectively used to trigger 25 work flows and generate work orders in the context of the manufacturing operational or maintenance environment. Typically, the serverplatform 100 is deployed atfacilityhead- quarters and connects down to the plant floor systems from there. However, if there is a large volume of equipment at a 30 plant and/or a large geographical distance between the plant and headquarters over a wide area network, then a logical gateway may be installed at the plant acting as a buffer to be able to send data to the server platform 100 at facility head- quarters. 35 Referring again to FIG. 1, the server platform 100 includes a plurality of plant floor drivers or adapters 110 which allow interfacing of the server platform 100 to the plant floor data sources 210 to transmit and receive information between the server platform 100 and the plant floor data sources 210. The 40 plant floor drivers/adapters 110 comprise software and/or firmware type drivers/adapters, in accordance with certain embodiments of the present invention. The plant floor drivers 110 may support various open communication protocols and various proprietary communication protocols to allow access 45 to various types of real-time data and non -real-time data associated with the plant floor equipment 220. Examples of some of the plant floor side coriummication protocols include OPC (an open connectivity protocol), modbus, and XML web services. Other communication protocols are possible as 50 well. In accordance with an embodiment of the present inven- tion, the serverplatfonn 100 may be connected to a plant floor data source 210 by entering security credentials and then entering a network identifier and IP address of the data source 55 to which to connect. After connection, the various informa- tion (objects and types) from the data source may be pulled into the server platform 100. The server platform 100 also includes at least one CM system driver or adapter 120 which allows interfacing of the so server platform 100 to at least one CM system 230 to transmit and receive information between the server platform 100 and the CM system 230. Again, the CM driver/adapter 120 com- prises a software and/or firmware type driver/adapter, in accordance with certain embodiments of the present inven- i5 tion. The CM driver/adapter 120 supports a web services protocol, in accordance with certain embodiments of the present invention. For example, in accordance with an US 8,380,842 B2 5 6 embodiment of the present invention, the CM driver/adapter fiers, and mappings between management objects and univer- 120 supports the MIMOSA OSA-EAI Tech -XML -services sal type identifiers. When avendortypeorobjectismappedto web services protocol. a universal type ID having a pre -defined semantic meaning, At the heart of the server platform 100 is a message trans- then the mapped vendor type or object has been contextual- lator 130. The message translator 130 acts as a commnun ica- 5 ized. tion broker between the CM system 230 and the plant floor Non -semantic mappings may include, for example, map - data sources 210 based on a universal type taxonomy. The pings between device objects and universal object identifiers, message translator 130 allows contextual ization of received and mappings between management objects and universal information with metadata and allows mapping of specific object identifiers. At run time, the message translator 130 is vendor types to universal type identifiers. The message trans- to capable of accessing the mappings to facilitate brokered com- lator 130 also allows discrete mapping of specific vendor munication between the plant floor side and the CM system objects to universal object identifiers. As a result, information side. Once all of the mappings are complete, then all vendor and data from both the plant floor side and the CM system side objects and types that have been mapped are in the same may be associated and related to each other in a meaningful context which is defined by the universal standard (e.g., the manner such that appropriate work flows may be triggered 15 MIMOSA standard). The MIMOSA open standard is exten- and such that appropriate work orders may be generated siblesuch that new rows may beadded tothe MIMOSA tables and/or updated to facilitate maintenance and asset manage- to support new vendor objects and types that may not conve- nient of the enterprise. As used herein, the term vendor refers niently map to a currently defined universal ID. to the plant floor side and/or the CM system side of the hn accordance with various embodiments of the present enterprise. At run time, the message translator 130 translates 20 invention, the defined objects may include, for example, back and forth between the plant floor side and the CM side assets, segments, agents, measurement points, enterprise, and from an object identifier standpoint and also from a semantic site. An asset is a piece of physical equipment having a serial type standpoint. munber. A segment is a logical view of the physical equip - The message translator 130 includes an open object meta- ment, typically indicating a location of the physical equip - data registry 131 which is a semantic database model. The 25 went within an enterprise, an agent is a human agent or a open object metadata registry 131 includes pre -defined open software agent that makes an observation, typically providing standard universal identifiers and type taxonomies to which human intelligence or artificial intelligence capability. Mea - plant floor objects andtypes and CM system objects andtypes surement points are outputs of sensors that measure various are associated upon set up or configuration of the server kinds of equipment parameters such as, for example, tem - platform 100. The open object metadata registry 131 also 30 perature and pressure. An enterprise refers to the corporate includes various tables which are updated at run time to keep level of an organization. A site refers to a manufacturing track of conditions such as, for example, status and priority. In plant, facility, or potentially a fleet object such as a truck accordance with an embodiment of the present invention, the which has its own set of segments and assets which may be open object metadata registry 131 is based on the MIMOSA tracked for maintenance purposes. standard and, therefore, uses MIMOSA -defined universal 35 In accordance with various embodiments of the present object and type identifiers. invention, the defined types may include, for example, asset The message translator 130 also includes a mapper data- types, work types, priority types, asset priority types, alarni base 132 which stores the various mappings that occur severity types, healthtypes, work priority types, and problem between plant floor objects and types and universal objects code types. An asset type is a nominal scale type which is a and types, as well as mappings that occur between CM system 4o hierarchical categorization of assets based on functional objects and types and universal objects and types. Again, the properties, for example "pnmip" or "seawater pump". A work universal objects and types are defined by an open standard type is a nominal scale type which is a categorization of (e.g., the MIMOSA open standard) and are stored in the open maintenance activities, for example "preventive mainte- object metadata registry 131. Types take on a semantic value. nance" or "corrective maintenance". An asset priority type is Asusedherein,the.termsvendor objects and types refer to 45 anordinal scale type forrankingthe relative importance ofthe the various information and data that may be collected by the asset. An alarm severity type is an ordinal scale type for server platform 100 from the plant floor data sources 210 (i,e., ranking the relative importance of the severity of the alarm. A device objects and device types) and the CM system 230 (i.e., health type is a nominal scale type for indicating the type of management objects and management types). The terms open health advisory, for example "vibration analysis" or "inst u - standard objects and types refer to the various universal object so mentation alert". A work priority type is an ordinal scale type and type identifiers or codes defined by the open standard for ranking relative importance of work, for example "high" (e,g., MIMOSA object identifiers and MIMOSA type identi- or "low". A problem code type is a nominal scale type which fiers). By relating the various device objects and types and the is a categorization of problems that can impact the health of various management objects and types to the universal object assets, for example "mechanical failure" or "electrical fail - and type identifiers, a universal enterprise taxonomy may be 55 ure". established across theplant floor data sources 210 andthe CM Referring againto FIG. 1, the serverplatforni 100 includes system 230, By establishing such a universal enterprise tax- various software applications that reside in and run on the onomy using such an open standard, a manufacturing intelli- server platform 100 to provide various types of functionality. gene solution that contextualizes the disparate data in a The various software applications shown in FIG. 1 may be balanced manner is provided. 6o discrete applications or may be combined in certain ways, in The mappings stored in the mapper database 132 may accordance with various embodiments of the present inven- include semantic mappings and non -semantic mappings. For tion. In the discovery phase of set up, the server platform 100 example, semantic mappings may include mappings between detects plant floor monitoring systems and picks up device device types and universal type identifiers, and mappings definitions within the plant floor monitoring systems. Simi - between management types and universal type identifiers, 65 larly, the server platform 100 detects CM systems and picks Furthermore, for example, semantic mappings may include up asset definitions within the CM systems. The server plat - mappings between device objects and universal type identi- form 100 includes a discovery application 140 adapted to US 8,380,842 B2 7 automatically discover and import defined device objects and types from the plant floor data sources 210 via the plant floor driver/adapters 110, and adapted to automatically discover and import defined management objects and types from the CM system 230 via the CM system driver/adapter 120. The 5 discovery application 140 is used during set up for configur- ing of the server platform 100 with particular plant floor data sources 210 and a particular CM system 230. The server platform 100 also includes a semantic mapping R or contextualizing application 150 adapted to semantically map the discovered management types to pre -defined open standard universal type identifiers, and adapted to semanti- cally map certain device types to the pre -defined open staun- dard universal type identifiers. When a device type gets n, mapped to a universal type ID, and a CM system type gets mapped to the same universal type ID, then the device type and the CM system type become related via the common universal type ID. Furthermore, certain device objects may get mapped to certain management types. When a device 2c object gets mapped to a management type, the device type "inherits" all of the type information ofthe management type. Examples of such semantic mappings are described below herein with respect to FIGS. 5-8. The server platform 100 further includes an assigning 25 application 160 adapted to assign first universal object iden- tifiers to the device objects and second universal object iden- tifiers to the management objects. The server platform 100 also includes a non-sennantic mapping application 170 adapted to non -semantically map the first universal object 3c identifiers to the second universal object identifiers, thereby relating the device objects to the management objects. The MIMOSA open standard defines the format of the universal IDs that are used for non -semantic assigmnents, 35 Such non -semantic assigimients may be used simply for trackability and traceability purposes. The server platform 100 further includes a manual map- ping application tool 175 allowing for a user to manually accomplish semantic and/or non -semantic mappings. Such 40 manual mappings maybe performed to refine automatic map- pings performed by the server platform 100, or to accomplish mappings that are not automatically handled by the server platform 100. In accordance with an embodiment of the present inven- 45 tion, the system 200 includes a graphic user interface 240 operationally interfacing to the server platform 100 and adapted to allow a user to manage, for example, MIMOSA - based mappings between defined device objects and types imported from the plant floor data sources 210 andthe defined 50 management objects and types imported from the CM system 230 using the manual mapping application tool 175. The graphic user interface 240 may be used for other purposes as well such as, for example, allowing a human operator to manually input information into the system 200. 55 For example, referring to FIG. 3, a CMMS system may provide a CMMS defined object 310 being a motor definition having a string, a serial number, and an object identifier in a proprietary format for the CMMS vendor. The CMMS object 310 may be assigned to a single universal object identifier 320 60 by the assigning application 160 of the server platform 100. Similarly, there may be five sensors on the plant side corre- sponding to five different device objects 330 each measuring a different parameter of the same actual motor on the plant floor. Each of the five device objects 330 may correspond to a 65 different sensor measurement or reading for the motor. Each of the five device objects 330 may have a string and a tag 8 identifier and get assigned to five different universal object identifiers 340 by the assigning application 160 of the server platform 100. The non -semantic mapping application 170 may then auto- matically map the five universal object identifiers 340 corre- sponding to the five device objects 330 to the single universal object identifier 320 corresponding to the CMMS object 310, thereby relating the five sensors of the plain floor motor to the CMMS motor object and storing this mapping in the mapper database 132. Therefore, at nm time (i.e., during operation of the system 200), rile -based work flows may be triggered and work orders may be generated for the motor in response to any of the five sensor measurements. As an alternative, the manual mapping application tool 175 may be used by all operator, via the graphic user interface 240, to manually per- form the mapping. As a result there are five children UIDs mapped to one parent UID to establish the relationship between the CMMS motor definition and the five plant floor sensor outputs. Non -semantic mappings may be many -to -one, as in the above example, or one-to-one. For example, for a compressor definition in the CM system, there could be a number of condition monitoring sensors which are fed into a plant his- torian. When the mappings are created, connections are defined between the plant floor tags (each of which corre- spond to a sensor in this example) and the asset definitions in the CM system. The server platform 100 may automatically discover and enumerate the entities from the plant floor sys- tems, however, the mapping/association to the CM system via the universal open standard may require manual input. The server platform 100 may further may include a condi- tion -based maintenance application 180 adapted to generate maintenance work orders in response to information col- lected from the plant floor data sources 210 and the CM system230. Certainkinds ofmaintenance work order include predictive maintenance work orders, preventive maintenance work orders, corrective maintenance work orders, and emer- gency maintenance work orders. For example, the condition - based maintenance application 180 may monitor a lower level condition point of a plant floor valve providing temperature and vibrationinfornation. Ifthe temperature exceeds 100° C. and the vibration level exceeds a threshold value TVI. and the valve status is "open", then a work order may be generated to, for example, shut down the valve and/or have the valve inspected. As an option, the server platform 100 may also include a perfornance measurement application 190 adapted to track key performance indicators in response to information col- lected from the plant floor data sources 210 and the CM system 230. The performance measurement application 190 tracks key performance indicators in the forn of score cards, in accordance with an embodiment of the present invention. Such applications 180 and 190 process and analyze data put information in a human intelligible form. For example, a key performance indicator (KPI) may be the overall facility maintenance cost as a percentage of the overall facility equipment replacement cost. If the cost to maintain the facility equipment is greater than the cost to replace the facility equipment, then it is likely that too much maintenance is being performed at the facility. Such a key performance indicator is determined by the performance measurement application 190 after extracting and relating the relevant information from the CM system side and the plant floor side. A lower level KPI may be pulled up into a higher level KPI, for example, such that the higher level KPI may be used by an executive at headquarters. US 8,380,842 B2 9 10 As an option, the server platform 100 may include a soft- the plant floor data sources 210 and the CM system 230 using ware development kit (SDK) 195 which is an API program- the stored mapped universal identifiers. The server platform mingtoolkitthatallowsvendors toconununicatemessages to 100 may poll certain measurement points every so often and call an appropriate method and direct the SDK 195 to perform pull the data into the server platform via the drivers/adapters. an appropriate mapping. Such an SDK 195 allows a vendor to 5 Also, there may be one or more dedicated real-time connec- have more direct control over the mapping outcomes. tions to the server platform 100 such that the server platform FIG. 4 illustrates a flowchart of an embodiment of a method 100 is continuously pulling in real-time data. Furthermore, an 400 of integrating a plurality of diverse plant floor equipment asset health vendor may use the SDK 195 to push messages 220 with at least one computerized management (CM) sys- into the server platform 100 by writing code against the API tem 230 using the server platform 100 of FIG. 1. In step 410, io of the SDK. establish first conununication links 215 between the server One or more work flows may be triggered inresponse to the platform 100 and a plurality of diverse plant floor data sources brokered communication during run time of the system 200. 210 via a plurality of plant floor adapters 110 of the server In general, a particular work flow is triggered when a certain platform 100 to at least receive information from the plant set of conditions occur. For example, the various kinds of floor data sources 210. In step 420, establish a second com- 15 work flows that may be triggered include an audit work status munication link 235 between the server platform 100 and at work flow, an escalate priority work flow, a synchronize asset least one computerized management (CM) system 230 via at data work flow, a production asset capability forecast work least one CM system adapter 120 of the serverplatform 100 to flow, and a measure performance work flow (score carding). at least receive information form the CM system 230. In step A work flow is similar to a state machine operation and 430, discover defined device objects and types of the plurality 20 includes a set of steps that occur over time and often involve of plant floor data sources 210 via the first communication human interaction. At run time, a work flow routes messages links 215 and import the discovered device objects and types to the appropriate system end points. into the server platform 100. In step 440, discover defined For example, an alert or alarm may be detected for a piece management objects and types of the at least one CM system of equipment on the plant floor that has a problem and 230 via the second communication link 235 and import the 25 requires attention. hi response to the detected alert, a work discovered management objects and types into the server flow is triggered and a work order is generated, having a first platform 100. In step 450, map the discovered objects and priority, in the CM system to go and inspect that piece of types to universal identifiers within the server platform 100, equipment (i.e., that asset). If two weeks pass, and there is no wherein the universal identifiers are defined in an open star- record in the CM system that the inspection has occurred, dard. In accordance with an embodiment of the present inven- 30 then the priority may be escalated by opening the work order tion, the open standard is the MIMOSA open standard. The and increasing the priority of the work order and triggering a method 400 is accomplished during a set up time or a con- work flow in the CM system which will flag the situation to figuration time for the server platform 100. the maintenance committee to make sure action is taken The mapping of step 450 may include semantically con- immediately. Similarly, if a more critical alert occurs, the textualizing the device types and the management types to 35 priority of the work order may be escalated. However, to pre -defined open standard universal type identifiers within escalate priority, the system 200 must understand the seman- the server platform 100. Also, the mapping of step 450 may tic meaning within the CM system for the corresponding include assigning the device objects and the management priority code. The semantic mappings provide this meaning objects to globally unique identifiers (universal object iden- and allows rules for escalating priority and for checking work tifiers) within the server platform 100. Furthermore, the map- 40 order status to be processed. ping of step 450 may include semantically associating the As another example of a work flow, with respect to syn - management objects to universal type identifiers within the chronization of data, a valve may be installed on the plant server platform 100. The mapped universal identifiers are floor and the valve is detected by one of the lower level plant stored within the mapper database 132 of the server platform device monitoring systems (i.e., a plant floor data source) 100. 45 such as a device manager. When the server platform 100 Again, the CM system 230 may include an enterprise asset determines that the valve has been installed on the plant floor, management (FAM) system, a computerized maintenance the server platform 100 may check within the CM system to management system (CMMS), or some other type of com- determine if such a valve has already been defined. If not, the puterized management system. The first communication corresponding valve definition can be automatically gener- links 215 are adapted to use at least one of open communica- 5o ated and mapped (semantically and/or non-senmantically), tion protocols and proprietary commnunicationprotocols such As a further example, an asset health system (a particular as an open connectivity protocol, a modbus protocol, anXML kind of plant floor data source) may detect a degradation in web services protocol, or some particular proprietary proto- the health of a certain piece of plant floor equipment. The col, for example. The second conununication link 235 is asset health system may push a message "create work order" adapted to use a web services protocol such as, for example, 55 to the serverplatform 100. As a result, a work flow is triggered the MIMOSA OSA-EAI Tech -XML -services web services within the server platform 100 in response to the message. protocol. The server platform 100 checks if there is already a work In accordance with an embodiment of the present inven- order open and, if so, if the status of the work order is tion, the device types may include at least one of alarm sever- "opened" or "closed". If the status of the work order is ity types, asset criticality types, health types, problem types, 60 "closed", another work order may be generated. If the status failure types, and remedy types. Similarly, the management of the work orderis "open", thepriority of the work ordermay types may include at least one of asset types, work priority be escalated. types, asset criticality types, health types, problem types, FIG. 5 illustrates a flowchart of a first embodiment of a failure types, and remedy types. method 500 of semantically contextualizing vendor types to Once the server platform 100 is configured using the 65 universal type identifiers. In step 510, automatically sort the method 400 of FIG. 4, the entire system 200 may be run such device types and/or the management types, having a first that the server platform 100 brokers communication between ordinal scale, by ordinality. In step 520, automatically sortthe US 8,380,842 B2 11 12 universal type identifiers, having a second ordinal scale, by type F being mapped to MIMOSA universal type A (preven- ordinality. In step 530, automatically assign the sorted device tive-high). Therefore, four of the six work types on the CM types and/or management types to the sorted universal type side have been successfully mapped (in a semantically con - identifiers by applying an inference algorithm. textualized manner) to the four work types defined by the FIG. 6 is an exemplary diagram 600 graphically illustrating 5 MIMOSA open standard. Two of the CM types C and E the method 500 of FIG. 5. The diagram 600 illustrates how apparently do not semantically fit into any of the four CM types 610, being priority types and having an ordinal MIMOSA universal types A to D and, therefore, have not scale of I to 6, have been sorted by ordinal number from been mapped. Such CM work types C and E may not be used lowest priority 1 to highest priority 6. The CM types 610 may by the server platform 100 in the system 200, or may be correspond to the priority of a corrective maintenance work 10 handled in a separate manner by the server platform 100. order, for example. The diagram 600 also illustrates how Again, in accordance with an embodiment of the present MIMOSA universal types 620, also being priority types and having a different ordinal scale of 1 to 4 (low, medium, high, invention, the sorting and mapping is performed by the very high), have been sorted by ordinal number from lowest semantic mapping application 150 of the server platform 100. priority 1 to highest priority 4. An automated inference algo- 15 FIG. 9 is an exemplary diagram 900 graphically illustrating rithm is used to perform the semantic contextualization map- the process for setting up (i.e., configuring) the server plat - ping from the CM types 610 to the MIMOSA universal types form 100 of FIG.1 within the system 200 of FIG. 2. Discov- 620 as shown by the arrows. ery 910 of objects and types is performed both on the CM side In this example, the automated inference algorithnn applies and the plant floor side. Assigning 920 of universal identifiers a histogram technique that allows mapping from one ordinal 20 is performed, both on the CM side and the plant floor side, to scale to another. The histogram technique results in CM types objects and types. Non -semantic association 930 of CM 1 and 2 being mapped to MIMOSA universal type 1 (low objects and device objects is perforied. Contextualized priority), CM type 3 being mapped to MIMOSA universal semantic type association 940 of CM types and device types type 2 (medium priority), CM type 4 being mapped to is performed, The semantic type associations may be per - MIMOSA universal type 3 (high priority), and CM types 5 25 formed usingan ordinal type automated inference model 941, and 6 being mapped to MIMOSA universal type 4 (very high a nominal type automated inference model 942, or some other priority). Therefore, the six priority types on the CM side have interference model (not shown). Furthermore, contextualized been successfully mapped (in a semantically contextualized semantic type association 950 of objects and types is per - manner) to the four priority types defined by the MIMOSA formed. open standard. In accordance with an embodiment of the 3o FIG. 10 is a diagram 1000 graphically illustrating the pro - present invention, the sorting and mapping is performed by cess for actively nursing the system 200 of FIG. 2 using the the semantic mapping application 150 of the server platform server platform 100 of FIG. 1. As data and information are 100. received by the server platforn 100 from both the plant floor FIG. 7 illustrates a flowchart of a second embodiment of a side and the CM side, the server platform 100 performs uni- mnethod 700 of semantically contextualizing vendor types to 35 versal identifier (UID) translations 1010 based on the map - universal type identifiers. In step 710, automatically sort the pings that were generated during set up and stored in the device types and/or the management types, having a first mapper database 132. Events are detected 1020 witlmin the nominal scale, by frequency of occurrence. In step 720, auto- server platform 100 in response to the translated data and matically sort the universal type identifiers, having a second information, andwork flows 1030 are triggered inresponse to nominal scale, based on a pre -defined rate of occurrence. In 40 the detected events 1020. Also, the server platform 100 bro- step 730, automatically assign the sorted device types and/or kers commnunications 1040 betweenthe CMside andtheplant management types to the sorted universal type identifiers by floor side to accomplish work flows and to generate work applying an inference algorithm. orders. FIG. 8isanexenmplary diagram 800graphically illustrating In accordance with an embodiment of the present inven- the method 700 of FIG. 7. The diagram 800 illustrates how 45 tion, the server platform 100 may extract information from CM types 810, being work types and having a nominal scale the CM system 230 and send the extracted information to the of A to F, have been sorted by frequency of occurrence from plant floor side to be rendered or displayed via a portal on the highest (A) to lowest (F). The CM types 810 may correspond plant floor side. For example, work history status or priority to the different maintenance work types, for example. The information may be extracted and rendered in this manner. In diagram 800 also illustrates how MIMOSA universal types 5o general, the CM system 230 may transmit back events that 820, also being work types and having a different nominal occur totheplant floor for non -control purposes. Suchevents scale of A to D (preventive -high, corrective -medium, ewer- include change events such as, for example, a change in a gency-low, and safety), have been sorted based on a pre- work status. For example, a planned overhaul message may defined rate of occurrence. The pre -defined rate of occurrence be sent from the CM system to an asset health system on the may be determined from an actual work orderhistory that has 55 plant floor. As a result, the asset health system will know not been accumulated and stored in the server platform 100 or in to send out a plurality of predictive work orders, for example, the CM system 230. An automated inference algorithm is because the associated plant floor equipment will be getting used to perform the semantic contextualization mapping from shut down toperfommithe planned overhaul. the CM types 810 to the MIMOSA universal types 820 as In summary, a server platform and a method to integrate a shown by the arrows. 60 plurality of diverse plant floor equipment with at least one In this example, the automated inference algorithm applies computerized management system in a manufacturing opera - a heuristic probability technique that allows mapping from tional or maintenance system are disclosed. The server plat - one nominal scale to another. The heuristic probability tech- form, using an open standard, enables a universal enterprise nique results in CM type A being mapped to MIMOSA uni- type taxonomy across the plant floor data sources and the at versal type D (safety), CM type B beingmappedto MIMOSA 65 least one computerized management system, providing a universal type C (emergency -low), CM type D being mapped manufacturing intelligence solution that contextualizes the to MIMOSA universal type B (corrective -medium), and CM disparate data in a balanced manner. US 8,380,842 B2 13 While the invention has been described with reference to certain embodiments, it will be understood by those skilled in the artthatvarious changes may bemade and equivalents may be substituted without departing from the scope of the inven- tion. In addition, many modifications may be made to adapt a s particular situation or material to the teachings of the inven- tion without departing fromits scope. Therefore, it is intended that the invention not be limited to the particular embodiment disclosed, but that the invention will include all embodiments failing within the scope of the appended claims. to What is claimed is: 1. A server platform for integrating a plurality of diverse plant floor equipment with at least one computerized man- agement (CM) system, said server platform comprising: 1 a processor; a memory; a plurality of plant floor drivers adapted to interface with a plurality of diverse plant floor data sources to at least receive first information from said plant floor data 2( sources, at least one of the plurality of diverse plant floor data sources providing a measurement associated with a first plant equipment; at least one CM system driver adaptedto interface with said at least one CM system to at least receive second infor- 2` mation from said at least one CM system; a discovery application adapted to: automatically discover and import defined device objects and types from said plurality of diverse plant floor data sources via said plant floor drivers, said defined device R objects including a first device object representing said first plant equipment and a second device object repre- senting at least one of the plurality of diverse plant floor data sources, and automatically discover and import defined management 35 objects and types from said at least one CM system via said CM system driver; one or more mapping applications configured to map said defined device objects and types and said defined man- agement objects and types to universal identifiers to 40 generate mappings, the one or more mapping applica- tions being configured to map said first device object, said second device object and a first management object of said defined management objects to a first universal identifier, thereby relating the first plant equipment and 45 the at least one of the plurality of diverse plant floor data sources to the first management object; and a message translator adapted to, based on said mappings, associate portions ofthe first information from saidplant floor data sources with portions of the second informa- so tion from said at least one CM system. 2. The server platform of claim 1 wherein said message translator includes a semantic model forming an open object metadata registry capable of enabling a universal enterprise type taxonomy across said plant floor data sources and said at ss least one CM system. 3. The server platform of claim 1 further comprising a mapper database adapted to store semantic mappings and non -semantic mappings behveen said plant floor data sources and said CM system such that said message translator is 60 capable of accessing said mappings to facilitate said message translator to associate said portions of first and second infor- mation. 4. The server platform of claim 1 wherein said CM system comprises one of a computerized maintenance managerrnent 65 system (CMMS) and an enterprise asset management (EAM) system. 14 5. The server platform of claim 1 wherein said plant floor data sources includes at least one of an asset health system, condition monitoring sensors, and a plant historian system. 6. The server platform of claim 1 wherein said universal identifiers are defined in an open standard and said open standard comprises the MIMOSA open standard. 7. The server platform of claim 1 further comprising a contextualizing application adapted to semantically map said management types to pre -defined open standard universal type identifiers and adapted to semantically map said device types to said pre -defined open standard universal type iden- tifiers. 8. The server platform of claim 1 further comprising an assigning application adapted to assign first universal object identifiers to said device objects and second universal object identifiers to said management objects. 9. The server platform of claim 8 wherein a first mapping application of the one or more mapping applications is adapted to non -semantically map said first universal object identifiers to said second universal object identifiers, thereby relating said device objects to said management objects. 10. The server platform of claim 1 wherein said defined objects comprise at least one of assets, segments, agents, measurement points, enterprise, and site. 11. The server platform of claim 1 wherein said defined types comprise at least one of asset types, worktypes, priority types, asset priority types, alarm severity types, ordinal health types, work priority types, and problem code types. 12. The server platform of claim 1 further comprising a condition based maintenance application adapted to generate maintenance work orders in response to said first information collected from said plant floor data sources and said second information collected from said at least one CM system. 13. The server platform of claim 1 further comprising a performance measurement application adapted to track key performance indicators in response to said first information collected from said plant floor data sources and said second information collected from said at least one CM system. 14. The serverplatform of claim 1 wherein communication with said plurality of plant floor data sources is accomplished via at least one of open communication protocols and propri- etary communication protocols. 15. The server platform of claim 1 wherein communication with said at least one CM system is accomplished via a web services protocol, 16. A method of integrating a plurality of diverse plant floor equipment with at least one computerized management (CM) system, said method comprising: establishing first communication links between a server platform and a plurality of diverse plant floor data sources via a plurality of plant floor adapters of said server platform to at least receive first information from said plant floor data sources, at least one of the plurality of diverse plant floor data sources providing a measure- ment associated with a first slant equipment; establishing a second corium mication link between said server platform and at least one computerized manage- ment (CM) systemvia at least one CM system adapter of said server platform to at least receive second inforna- tion from said CM system; discovering defined device objects and types of said plu- rality of plant floor data sources via said first communi- cation links and importing said defined device objects and types into said server platform, said defined device objects including a first device object representing said US 8,380,842 B2 15 16 first plant equipment and a second device object repre- 32. The method of claim 30 further comprising automati- senting said at least one of the plurality of diverse plant cally triggering at least one work flow in response to said floor data sources; associated portions. discovering defined management objects and types of said 33. The method of claim 32 wherein said work flow com- at least one CM system via said second commiumication 5 prises at least one of an audit work status work flow, an link and importing said defined management objects and escalate priority work flow, a synchronize asset data work types into said server platform; and flow, a production asset capability forecast work flow, and a mapping said defined device objects and types and said measure performance work flow. defined management objects and types to universal idea- 34. The method of claim 30 fiirther comprising automati- tifiers to generate mappings within said server platform, n0 cally generating at least one work order in response to said wherein said first device object, said second device associated portions. object and a first management object of said defined 35. The method of claim 34 wherein said work order com- management objects are mappedto a firstuniversal iden- prises an automated condition -based maintenance work tifier, thereby relating the firstplant equipment and the at 15 order. least one data source to the first management object. 36. The method of claim 35 wherein said automated con - 17. The method of claim 16 wherein said mapping includes dition-based maintenance work order comprises at least one semantically contextualizing said device types and said man- of a predictive maintenance work order, a corrective mainte- agement types to pre -defined open standard universal type nance work order, a preventive maintenance work order, and identifiers within said server platform. 20 an emergency maintenance work order. 18. The method of claim 16 wherein said mapping includes 37. The method of claim 30 further comprising automati- assigning said device objects and said management objects to cally tracking at least one key performance indicator in globally unique identifiers within said server platform. response to said associated portions. 19. The method of claim 16 wherein said mapping includes 38. The method of claim 17 wherein said semantic contex- semantically associating said management objects to univer- 25 tializing includes: sal type identifiers within said server platform. automatically sorting said device types and/or said man - 20. The method of claim 16 wherein said CM system agement types, having a firstordinal scale, by ordinality; comprises one of a computerized maintenance management automatically sorting said universal type identifiers, hav- system (CMMS) and an enterprise asset management (EAM) ung a second ordinal scale, by ordinality; and system. 30 automatically assigning said sorted device types and/or 21. The method of claim 16 wherein said first conununi- management types to said sorted universal type identi- cation links are adapted to use at least one of open cornmu- fiers by applying an inference algorithm, nication protocols and proprietary communication protocols. 39. The method of claim 38 wherein said inference algo- 22. The method of claim 21 wherein saidprotocols include rithm includes a histogram technique. at least one of an open connectivity protocol, a modbus pro- 35 40. The method of claim 17 wherein said semantic contex- tocol, an XML web services protocol, and a proprietary pro- tializing includes: tocol, automatically sorting said device types and/or said man - 23. The method of claim 16 wherein said second comm u- agement types, having a first nominal scale, by fre- nication link is adapted to use a web services protocol. quency of occurrence; 24. The method of claim 23 wherein said web services 40 automatically sorting said universal type identifiers, hav- protocol includes a MTM:OSA OSA-EAI Tech -XML -ser- hug a second nominal scale, based on a pre -defined rate vices web services protocol, of occurrence; and 25. The method of claim 16 wherein said defined objects automatically assigning said sorted device types and/or include at least one of assets, segments, agents, measurement management types to said sorted universal type identi- points, enterprise, site. 45 fiers by applying an inference algorithm. 26. The method of claim 16 wherein said defined types 41. The method of claim 40 wherein said inference algo- include at least one of asset types, work types, priority types, rithm includes a heuristic technique. asset priority types, alarm severity types, ordinal health types, 42. The method of claim 40 wherein said frequency of work priority types, and problem code types. occurrence is determined from a work history stored within 27. The method of claim 16 wherein said device types 50 said server platform. include at least one of alarm severity types, asset criticality 43. A system for maintenance and asset management, said types, health types, problem types, failure types, and remedy system comprising: types. a plurality of plant floor data sources adapted to collect first 28. The method of claim 16 wherein said management data from a plurality of plant floor equipment, at least types includes at least one of asset types, work priority types, 55 one of the plurality ofplant floor data sources providing asset criticality types, health types, problem types, failure a measurement associated with a first plant floor equip - types, and remedy types. ment; 29. The method of claim 16 fiirther comprising storing said at least one computerized management (CM) system mapped universal identifiers within said server platform. adapted to provide second data; and 30. The method of claim 29 fiurther comprising associating 60 a serverplatform adapted to integrate said plurality ofplant portions of the first information from said plant floor data floor data sources with said at least one CM system sources with portions of the second information from said at based on a universal enterprise type taxonomy, said least one CM system using said stored mapped universal server platform comprising: identifiers. a processor; 31. The method of claim 16 wherein said universal identi- 65 a memory; fiers are defined in an open standard and said open standard a plurality ofplant floor drivers adapted to receive at least comprises the MIMOSA open standard. a portion of the first data, US 8,380,842 B2 17 at least one CM system driver adapted to receive at least a portion of the second data, a discovery application adapted to: automatically discover and import defined device objects and types from said plant floor data sources via said plant floor drivers, said defined device objects including a first device object representing said first plant equipment and a second device object representing said at least one of the plurality of plant floor data sources, and automatically discover and import defined management objects and types from said at least one CM system via said CM System driver; and one or more mapping applications configured to map said defined device objects and types and said defined man- agement objects and types to universal identifiers of the universal enterprise taxonomy to generate mappings, the one or more mapping applications being configured to map said first device object, said second device object and a first management object of said defined manage- ment objects to a first universal identifier, thereby relat- ing the first plant equipment and the at least one data source with the first management object. 44. The system of claim 43 wherein said universal enter- prise type taxonomy is defined in ail open standard and the open standard comprises the MIMOSA open standard. 45. The system of claim 43 wherein said computerized management (CM) system comprises one of a computerized maintenance management system (CMMS) and an enterprise asset management (EAM) system. 46. The system of claim 43 wherein said server platform further comprises: a message translator adapted to, based on said mappings, associate portions of the first data from said plant floor data sources with portions of said second data from said at least one CM system. 47. The system of claim 46 wherein said message translator includes a semantic model forming an open object metadata registry capable of enabling said universal enterprise type taxonomy across saidplant floor data sources and said at least one CM system. 48. The system of claire 43 further comprising a contextu- alizing application residing in said server platform and adapted to semantically map said management types to pre- defined open standard universal type identifiers and adapted 18 to semantically map said device types to said pre -defined open standard universal type identifiers. 49. The system of claim 43 further comprising an assigning application residing in said server platform and adapted to 5 assign first universal object identifiers to said device objects and second universal object identifiers to said management objects. 50. The system of claim 49 wherein a first mapping appli- cation of the one or more mapping applications is adapted to 10 non -semantically map said first universal object identifiers to said second universal object identifiers, thereby relating said device objects to said management objects. 51. The system of claim 43 wherein said defined objects comprise at least one of assets, segments, agents, measure - 15 ment points, enterprise, and site. 52. The system of claim 43 wherein said defined types include at least one of asset types, work types, priority types, asset priority types, alarm severhy types, ordinal health types, work priority types, and problem code types. 53. The system of claim 43 further comprising a condition 20 based maintenance application residing in said server plat- form and adapted to generate maintenance work orders in response to information collected from said plant floor data sources and said at least one CM system. 25 54. The system of claim 43 further comprising a perfor- mance measurement application residing in said server plat- form and adapted to track key performance indicators in response to information collected from said plant floor data sources and said at least one CM system. 55. The system of claim 43 wherein conmmunication so between said plurality of plant floor data sources and said server platform is accomplished via at least one of open communication protocols and proprietary communication protocols. 56. The system of claim 43 wherein communication 35 between said at least one CM system and said server platform is accomplished via a web services protocol. 57. The system of claim 43 further comprising a graphic user interface operationally interfacing to said server plat- form and adapted to allow a user to at least manage ao MIMOSA -based mappings between defined device objects and types imported from said plant floor data sources and said defined management objects and types imported from said at least one CM system. 113,11 ,11 • I111 M I1 October PROJECT NUMBER:00• ITEW O` •• Development Agreement for Approval: AZ 14-006 Victory Middle School by Joint School District No. 2 Located 2045 S. Stoddard Road Request: Annexation and Zoning of 27.96 Acres of Land with an R-4 Zoning District 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 BOISE IDAHO P91=50 LISA BATT 2014-086342 MERIDIAN CITY 10/23/201411:00 AM NO FEE �0 336321400834:05000 00033363201400883420b00506 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Joint School District #2, Owner/Developer 'DI DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this DI day of CC",Pj✓ , 2014, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, ID 83642, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for annexation and zoning of 28.64 acres described in Exhibit "A", requesting a designation of R-4 (Low Density Residential) zoning districts under the UDC, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVE[APMENT AGRREmmT— VICTORY MIDDIE SCHOOL (AZ 14-006) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested annexation and zoning designation of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 2nd day of September, 2014, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and zoning designation; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from goverment 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 Stats of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREE vmNT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 2 off 9 3.2 OViNER/DEVELOPER: means and refers Joint School District No. 2, whose address is 1303 E. Central Drive, Meridian, Idaho 83642, the party that is developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be zoned Low Density Residential District (R-4) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Access to the site is restricted to those access points shown on the site plan in the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B) and approved as part of this application. b. Future development of this site shall be generally consistent with the site plan and building elevations shown in the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B). c. Removal of all structures shall take place prior to issuance of building permits. d. The owner/developer shall provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive to improve pedestrian safety. e. The owner/developer shall provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north as recommended by the Traffic Impact Study (TIS). f. The owner/developer shall provide the following on -sits traffic management measures as recommended in the TIS. 1. Parent outreach identifying the access and circulation routes. 2. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. DEvELoPMENT ACREEnrHrqT - VicroRY Mroom SCHOOL (AZ 14-006) PAGE 3 of 9 3. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. 4. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off-site or on-site. g. The owner/developer shall manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future as recommended by the TIS. h. The Meridian School District shall use crossing guards at key roadway crossing locations as recommended by the TIS. i. Prior to occupancy of the school the applicant shall construct a HAWK crossing on Stoddard Road near Kodiak Drive and school flashers on all four legs of the Stoddard/Kodiak intersection per Ada County Highway District's (ACHD) recommendation. j. Long term bussing and safety bussing shall be provided based on the attached map in Exhibit A.5 of the Staff Report attached to the Findings of Fact and Conclusions of Law (Exhibit B), as agreed to by the owner/developer. k. The owner/developer shall install a HAWK pedestrian crossing (and associated improvements) on Stoddard Road near Kodiak Drive. 1. The owner/developer shall install school zone flashers on all 4 legs of the Stoddard/Kodiak intersection. m. The owner/developer shall provide a $40,000 road trust for the cost of the hardware for a future HAWK on Linder Road near Kodiak Drive. (ACHD will pay for the design and construction ($70,000). n. The owner/developer shall provide a $29,000 road trust for the cost of school zone flashers on Linder Road near Kodiak Drive. o. The owner/developer shall provide a $40,000 road trust for the cost of the hardware for a future HAWK on Victory Road near Stoddard Road. (ACHD will pay for the design and construction ($70,000). p. The owner/developer shall provide a $29,000 road trust for the cost of school zone flashers on Victory Road near Stoddard Road. q. The school district, ACHD, and the City shall meet to discuss funding mechanisms for the future development of sidewalks necessary in this area (as well as other areas) to provide safe pedestrian access to/from the school site(s). 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEvELOPMENT AGREEMENT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAoE 4 op 9 DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City DEYELAFMENT AGREEMMENT- VICTORY MIDDLE SCHOOL (AZ 14006) PAGE 5 OF 9 ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEvaLopmmT AGREEMENT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 6 oP 9 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 Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEvELGPMENT AGREHNIIIVT - VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 7 oA 9 . 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: CITY OF MERIDIAN By: Marf eo.,,u) DEvELOFMENT AGRaEmENT- VICTORY MIDDLE SCHOOL (AZ 14-006) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this -94-- day of 040bCV , 2014, before me, the undersigned, a Notary Public in and for said State, personally appeared Bruce Ge4r i V1 , known or identified to me to be the e) yLleodejiof Joint School District No. 2, and acknowledged to me that he/she executed the same on behalf of said School District. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) "0' C%N ..:�Uiji .• (� q�J �OTARp 96A, AUBVL jr OF STATE OF IDAHO ) ss County of Ada Notary Public for Idaho Residing at: My Commission Expires: -27- /S On this day of OQ bDbe- ✓ , 2014, before me, a Notary Public, personally appeare and Jaycee L. Holman, know or identified to me to be the �and Clerk res i�flv y 1 y of Meridian, who executed the instrument or the person execu ch a instrument of behalf of said City, and acknowledged tome that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ��jSlpT R�• f'tlBt1G; �� •sees*• Nota`ryJPu'ic for Ida Residing at: --L1 Commission expires: DEVELOPMENT AGRmmENT — VICTORY MIDDLE SCHOOL (AZ 14-006) L PAGE 9 of 9 EXHIBIT A nnexWon LAW Descrk tp Ion Joint School District No. 2 Stoddard Property Parcel 2 A:psrrellocatod In the Seat%atthe W% of Section 24, Township 3 Norah, Range 1 West, Sol"f4erldlan;. Ada County, Idaho, more particularly deaaltiadas follows Thence $,0051"287W along the easterly boundary of sold NW rV4 a dhrtancoof 2634.09;111991, to a Braga Ca;p', marking the porlheastoomerof SW Y, and the PofNT GF BEhINNINO; Thence 8 0°51'28* W along the seatsboundoryufsald SIN % a-rlfalame pr2409 feet to 0416 inch, diameter Iron pin end ta the centedina Wast xodaak Orwa; Theme leaving:ssld easterly boundary N 80°05'52` W along sold centerline a distance of 231.63166tto'a US Inch diameter lmn pin; Thome along said centedlne'N 14133.26` R distance of 6,110 feet to a 6/8 Inch diameter iron plpx_ Thence leavingsaid cenloolneN 60136111'E a distance of 25.100 feet toa 5/8 inch dimer Ironpint Thorpe N 46000'23' E a dletame, of 10103 feet to a 6/8 Inch diameter lion pin Theme N 17"11'3Y E a dls%nce of 222.0 feet to a 6/0 Inch diameter Iron 0: Trance N 0051'29' F a distance of'103.29feet to a,618 inch dlameter:lron.pin; Thence N 46"Mit" E a distance of 94.19 feet to a 0 Inch diameter Iron pin on the northerly boundary of the BE Y� of the NW U; Ttience,s 89017''19" E along the said northerly boundary a distance of 766,00 Met to a 6/9 inch diamster Irbil pin marking the northeastcomer of the SE M of the NW Y.; Theme S, 051129' W along the watery boundary of sold NW Y, a diolarpe of 1317.48 feet to the POINT, OF BEGINNING: This porcel contains 211,64 acids and issublect to any easements oAgIll i; onto ust VlocenkBioinmer, PLS: Lind Bolutions,;K July 10,, 2614 oil aluva"s. Victory Middle School — AZ 14-006 sio"ard Pro"NPPA reb1 ;1� CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER IDIAN�--- DAHC In the Matter of the Request for Annexation and Zoning of 28.64 Acres of Land with an R-4 Zoning District; and Conditional Use Permit for a Public Education Institution in an R-4 Zoning District for Victory Middle School, Located at 2045 S. Stoddard Road, by the Joint School District No. 2. Case No(s). AZ -14-006; CUP -14-003 For the City Council Hearing Date of: August 19, 2014 (Findings on September 2, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of August 19, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of August 19, 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. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -1- 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of August 19, 2014, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation & zoning is hereby approved with the requirement of a development agreement per provisions in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. 2. The applicant's request for a conditional use permit is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of August 19, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City 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 11-513-617). 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 11-513-313). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-317). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -2- 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 August 19, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -3- By action of the City Council at its regular meeting held on the day ofg , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED U,"'9k, COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED "' COUNCIL MEMBER JOE BORTON VOTEDu COUNCIL MEMBER LUKE CAVENER VOTED R: { Attest: 11 0 1, i Jaycee Halman + r, 4 i • � h . �r City Clerk Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Bye Dated: City erl spfflce CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-006; CUP -14-003 -4- EXHIBIT A STAFF REPORT Hearing Date: August 19, 2014 CfE F,1DIAN TO: Mayor & City Council O FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ -14-006; CUP -14-003 —Victory Middle School I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Joint School District No. 2, has submitted an application for annexation and zoning (AZ) of 28.64 acres of land with an R-4 zoning district. A conditional use permit (CUP) is also proposed for a public education institution (middle school) in an R-4 zoning district. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on .Tune 5. and July 17, 2014. At the public hearing on July 17, 2014, the Commission moved to recommend approval of the subject AZ. and CUP regne�sts. a. Summary of Commission Public Hearing: i. In favor: Scott Henson ii. In 0000sition: None iii. Commenting: None iv. Written testimony: Scott Henson and Joint School District No. 2 v. Staff presenting application: Sonya Watters A. Other staff commenting on aimlication: Justin Lucas b. Key Issue(s) of Discussion by Commission: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Victory/Stoddard and Linder/Kodiak intersections. c. Key Commission Change(s) to Staff Recommendation: L The Commission modified condition #1.1.15 and deleted conditions #7.1.15 and #7.1.16 to not reauire the school district to host a bond to fund the future HAWK signals and school flashers at the intersection of Victory and Stoddard Roads. d. Outstanding Issue(s) for City Council: i. The requirement for the school district to post a bond to fund the future HAWK signals and school flashers at Linder/Kodiak roads. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 1 1MII131W.1 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 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 -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 Y I 11 1 1 IMIIIA••� I II I I 11 11 11 1 1 1 11 11 1 1 1 1 III II ' I I' I I 1 1 I I 1 1 11 1 1 1 1 Jill 1 1 11 1 1 •mrMPRIMIRIM.1 1 1 1 11 1 1�� 11 11 111 IY. WNW 1 I II' I III II 1 1 1I II \ III II'II II I LW 11 Kill11 I 6� KXKU I I M11MRIEWHINM 11 1 1 1 1 1 1 1 1 I' 1 I 1 I' I11 1 • 11 1 1111111111 TIMm. .1 1 I 9.11.5 FIN11. 1 1 1 1 1' 1 1 1 11 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 006 & CUP -14-003, as presented in the staff report for the hearing date of August 19, 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 -14-006 & CUP -14-003, as presented during the hearing on August 19, 2014, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-006 & CUP -14-003 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2045 S. Stoddard Road, in the west 1/z of Section 24, Township 3 North, Range 1 West. (Parcel #: S1224244402 & S1224314850) B. Owner(s): Joint School District No. 2 1303 E. Central Drive Meridian, ID 83642 C. Applicant: Same as owner Victory Middle School AZ -14-006; CLJP-14-003 PAGE 2 1DK4:1130W.1 D. Representative: Ken Gallegos, LCA Architects 1221 Shoreline Ln. Boise, ID 83702 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 19, and June 2, 2014 (Commission); A& 28. and August 11, 2014 (City Council) C. Radius notices mailed to properties within 300 feet on: May 8, 2014 (Commission); Juh 24 2014 (City Council) D. Applicant posted notice on site(s) on: June 4, 2014 (Commission); August 5. 2014 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of single-family residential/agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: Idaho Power substation, zoned RUT in Ada County 2. East: S. Stoddard Road and single-family residential properties in Bear Creek Subdivision, zoned R-4 3. South: Church and future single-family residential properties in Fall Creek Subdivision, zoned R-8 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: A property boundary adjustment was recently approved in Ada County that created the boundary of the subject property, recorded as record of survey No. 9666. D. Utilities: 1. Location of sewer: Sanitary sewer service to the proposed site currently exists in W. Kodiak Drive. 2. Location of water: Domestic water service to the proposed site currently exists in W. Kodiak Drive and S. Stoddard Road. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There are some irrigation ditches that cross this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: This site does not lie within the Meridian Floodplain Overlay District. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 3 I ►:111130WA VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (PLUM) contained in the Comprehensive Plan. MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. The applicant proposes to annex the subject property with an R-4 zoning district, consistent with the MDR designation, and develop a public education institution (middle school) on the site. The proposed use requires conditional use approval in the R-4 zoning district. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): • "Support the location of school sites within every square mile." (3.02.01B) The proposed school will provide a school site within the subject square mile; there are few schools in the south Meridian area. • "Ensure compatibility of schools with neighborhoods and adjacent land uses." (3.02.01J) The proposed school should be compatible with adjacent existing and future residential neighborhoods and the church to the south. • "Ensure development provides safe routes and access to schools, parks and other community gathering places." (3.07.02N) The City, ACHD, and the school district have been working together to ensure safe routes and access to the proposed school are provided with development of the site. • "Encourage infill development." (3.01.02B) The subject property is surrounded by City annexed property on three sides; annexation of this infill property will allow city services to be extended to the property as intended and provided for. • "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses." (3.05.02E) The proposed school is much needed in this rural area of the City and should be compatible with adjacent residential uses. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A minimum 20 foot wide landscape buffer is required along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the landscape plan in accord with the standards listed in UDC Table 11-2A-7 & 11-3B-7. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 4 1*0411130WA • "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 available and will be extended with the development of the site in accord with UDC 11-3A-21. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-4 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for an education institution is listed as conditional use in the R-4 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tables 11-2A-5 for the R-4 zoning district. E. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 28.64 acres of land with an R-4 zoning district. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR. A site plan was submitted as shown in Exhibit A.2 that depicts a 137,000 square foot (s.f.) education institution, which will include a football field, running track, soccer, and practice fields, tennis courts and parking for 322 vehicles. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B. Because the FLUM designation for this property is MDR, Staff believes the proposed R-4 zoning is appropriate for this property. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 5 1DK4:1130W.1 2. Conditional Use Permit The applicant requests conditional use approval of a 137,000 square foot two-story education institution on 28.64 acres of land in an R-4 zoning district for a public middle school. The school is proposed to serve approximately 1,000 students. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-14, Education Institution, as follows: Staff's comments are shown in italics. A. Accessory Uses: Accessory uses including, but not limited to, daycare facilities, community events, community services, social services, curricular and extracurricular activities, meeting facilities for clubs and organizations, and school administration may be allowed. 1. Community events shall include, but are not limited to, events organized by an association of persons for a social, literary, political, educational or recreational purpose. Community events shall not include retail or other services that are customarily carried on as a business. The applicant is required to comply with this standard. 2. Curricular or extracurricular activities at an education institution shall include any sporting, musical, dramatic, artistic, fundraising or educational activities associated with any group, association, or classroom of said education facilities. Curricular or extracurricular activities shall not include retail or other services of businesses not directly associated with the education facility. The applicant is required to comply with this standard. 3. When conducted within an existing structure and site modifications are not proposed and/or required allowed accessory uses do not require a certificate of zoning compliance. Not applicable 4. Uses not deemed as an accessory use by the director shall require approval as a principal permitted or conditional use consistent with this title or as a temporary use consistent with title 3, chapter 4 of this code. (Ord. 10-1463, 11-3-2010, eff. 11-8- 2010) The applicant is required to comply with this standard. B. Location Criteria for Elementary Schools: Elementary schools should be located within the center of neighborhoods with access encouraged from local streets. Elementary school locations adjacent to public parks or open space are encouraged. At least thirty percent (30%) of the perimeter of an elementary school site should be open to streets or open space areas. Not applicable C. Location Criteria for Middle Schools and High Schools: Middle and high schools may take access off a designated arterial or collector street. The proposed school will take access off of W. Kodiak Drive, a collector street. D. Exemption: An education institution with less than one hundred fifty (150) students or located within the TN -R district may be exempt from the requirements for open space, landscaping, parking and drop off areas. Not applicable E. Conditional Use Requirement: A conditional use permit shall be required for any education institution in which any of the following circumstances exist: 1. The education institution is in excess of two hundred fifty thousand (250,000) square feet within a residential district; Not applicable (The proposed school will be approximately 137,000 square feet.) Victory Middle School AZ -14-006; CLJP-14-003 PAGE 6 1*0411130WA 2. The education institution includes lighted fields adjoining or within a residential district; The applicant is not proposing lighting for the athletic fields on the site. 3. The education institution will generate in excess of one thousand five hundred (1,500) vehicular trips per day; The Traffic Impact Study (TIS) estimates approximately 1,940 additional trips per day with the proposed use. 4. The education institution takes access from a collector or an arterial street and there is not a safe, separate pedestrian and bikeway access between the neighborhood and the school site. (Ord. 05-1170, 8-30-2005, eff. 9-15-2005) Pedestrianlbikeway accesses are depicted on the site plan for access to the school site. F. Portable Classrooms (Temporary and Permanent): The site plan for all education institutions shall include the location of any future portable classrooms (temporary and/or permanent). No portable classrooms are proposed at this time but the site plan does indicate space where portable classrooms may be located in the future. If portable classrooms are proposed in the future, these standards will apply. 1. Temporary Portables: A temporary portable classroom shall be an accessory use valid for a maximum period of four (4) years from the date of issuance of a certificate of occupancy. a. Temporary portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance approval but shall not be subject to design review. b. Temporary portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit but shall not be subject to design review. 2. Permanent Portables: Prior to the termination of the four (4) year permit, the applicant may request to convert a temporary portable classroom to a permanent portable classroom. a. Permanent portable classrooms that meet the standards as set forth in subsection F4 of this section shall require a certificate of zoning compliance and design review approval. b. Permanent portable classrooms that do not meet the standards as set forth in subsection F4 of this section shall require a conditional use permit and design review approval. 3. Permit Termination: Upon termination of the four (4) year permit, the temporary portable classroom approval shall be null and void and the applicant shall remove the structure immediately. 4. Standards: a. The portable classroom shall not be located in the front yard of the principal school structure. b. The portable classroom shall not be located in any required yard. c. The placement of the portable classroom shall not reduce the number of required off street parking spaces. d. The portable structures shall comply with the building code in accord with title 10 of this code. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 7 1*0411130WA e. Exterior colors of the portable classrooms shall be compatible with the color of the primary school building. f. The roofing material on the portable classrooms shall be of a finish that emits a minimal amount of glare. g. Where the portable classroom is located within two hundred feet (200') of a street and is visible from such a street, the portable classroom shall be screened from view of the street with a minimum of one evergreen tree per fifteen feet (15') of linear structure. The tree shall be a minimum of six feet (6) in height. (Ord. 10- 1461, 10-12-2010, eff. 10-18-2010) G. Additional Standards for Education Institution, Private: The applicant shall provide written documentation that the facility meets the minimum site area guidelines as established by the Idaho state department of education. Not applicable H. Additional Standards for Vocational or Trade Schools: The applicant shall provide written documentation that the school will have a major curriculum relating to technological industrial research and processes. (Ord. 05-1170, 8-30-2005, eff. 9-15- 2005) Not applicable Idaho State Code: §67-6519(3) states, When considering an application which relates to a public school facility, the commission shall specifically review the application for the effect it will have on increased vehicular, bicycle and pedestrian volumes on adjacent roads and highways. To ensure that the state highway system or the local highway system can satisfactorily accommodate the proposed school project, the commission shall request the assistance of the Idaho transportation department if state highways are affected, or the local highway district with jurisdiction if the affected roads are not state highways. The Idaho transportation department, the appropriate local highway jurisdiction, or both as determined by the commission, shall review the application and shall report to the commission on the following issues as appropriate: the land use master plan; school bus plan; access safety; pedestrian plan; crossing guard plan; barriers between highways and school; location of school zone; need for flashing beacon; need for traffic control signal; anticipated future improvements; speed on adjacent highways; traffic volumes on adjacent highways; effect upon the highway's level of service; need for acceleration or deceleration lanes; internal traffic circulation; anticipated development on surrounding undeveloped parcels; zoning in the vicinity; access control on adjacent highways; required striping and signing modifications; funding of highway improvements to accommodate development; proposed highway projects in the vicinity; and any other issues as may be considered appropriate to the particular application. Ada County Highway District (ACHD) is the road authority responsible to report to the Commission on the above issues. ACHD has conducted a detailed review of the Idaho code requirements and provided analysis and conditions of approval in their staff report accordingly. The Commission and City Council should review ACHD's staff report for a detailed analysis of Idaho state code requirements. In addition to their conditions of approval, ACHD has provided recommendations to the City below based on their review. Pedestrian Improvements/Safety/Bussing Required by ACRD: ACHD is requiring the applicant to provide three (3) HAWK crossings and three (3) school flashers. The HAWK crossings are required on Stoddard Road near Kodiak Drive; on Linder Road near Kodiak Drive, approximately t/z mile west of the school; and on Victory Road near Stoddard Road, approximately t/z mile south of the school. School zone flashers are required on all 4 legs of the Stoddard/Kodiak intersection; on Linder Road near the Kodiak intersection; and on Victory Road Victory Middle School AZ -14-006; CLJP-14-003 PAGE 8 1*0411130WA near the Stoddard intersection. A summary of costs for these improvements is included in a table in Exhibit A.4. ACHD proposes to contribute approximately 1/3 of the cost for the improvements. ACHD has included several special recommendations to the City in their report as follows: Staff's responses are noted in italics. 1. To the extent possible, the City of Meridian should require the applicant to provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas should be provided based on the attached map. If bussing is not provided there are not adequate sidewalks or shoulders on many roads in the area. Staff agrees with this recommendation. 2. The City should require the applicant to provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive. This will be a major student crossing and street lighting can improve the safety for pedestrians. Staff agrees with this recommendation. 3. Kodiak Drive is constructed from Stoddard Road to just west of the school site. As development occurs, Kodiak Drive will extend to Linder Road. The City sewer has been extended in alignment with the future roadway. The extension of the road is dependent on phasing of development. To accommodate pedestrians in the area, the City and MSD should work to acquire/provide an easement for pedestrians from Linder Road to the school site. Staff cannot require the applicant to obtain an easement on property they do not own. Additionally, because of the development occurring on the Fall Creek site, staff feels it would not be safe route for children to get to school. Therefore, staff does not support this request. 4. Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off-site or on-site. Staff agrees with this recommendation. 5. As recommended by the TIS, provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north. Staff agrees with this recommendation. 6. As recommended by the TIS, manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future. Staff agrees with this recommendation. 7. As recommended by the TIS, the MSD should use crossing guards at key roadway crossing locations. Staff agrees with this recommendation. Staff has included the above noted items that staff agrees with as conditions of approval. Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the dimensional standards listed in UDC Table 11-2A-5. The proposed building is in compliance with the setback requirements of the R-4 zoning district. A 20 -foot wide landscape street buffer is Victory Middle School AZ -14-006; CLJP-14-003 PAGE 9 1*0411130WA required along S. Stoddard Road and W. Kodiak Drive as shown on the site plan. The maximum building height allowed in the R-4 district is 35 feet. Existing Structure(s): There is an existing residence and associated outbuildings on this site that are proposed to be removed. Removal of all structures should take place prior to issuance of building permits. Vehicular Access: The main access to this site is proposed on the site plan via three access driveways to/from W. Kodiak Drive; each driveway has one inbound lane and 2 outbound lanes. Typically, the City and ACRD would not support multiple driveways to a collector street as proposed; however, because the proposal allows for parent drop-off/pick-up to occur on-site and not on the street, staff and ACHD is supportive of the accesses proposed. There is a bus circulation driveway from the site to S. Stoddard Road which is restricted to an exit only that will align with Christopher Street on the east side of Stoddard Road. The driveway is proposed to be gated when not in use. ACHD has approved this access with the requirement an "Exit Only" sign for busses is provided. Staff is supportive of this access as proposed. Staff recommends access is restricted to those points shown on the site plan as approved by ACHD. The traffic impact study for this site estimates the proposed use will generate 1,940 additional vehicle trips per day. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to the site in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-18. Landscaping: A landscape plan was submitted with this application for the subject property as shown in Exhibit A.2. A minimum 20 -foot wide street buffer is required along S. Stoddard Road and W. Kodiak Drive. Landscaping within these buffers is required to comply with the standards listed in UDC 11-313-7C. Parking lot landscaping is required to be provided in accord with the standards listed in UDC 1I- 313 -8C. Tree Mitigation: There are existing trees on this site. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation information should be included on a revised landscape plan submitted with the Certificate of Zoning Compliance application in accord with UDC 11-313-1OC.5. Sidewalks: Detached sidewalks are required along collector streets as set forth in UDC 11-3A-17 as shown on the site/landscape plan. Pathways: There is not a regional pathway designated on the Master Pathways Plan for this site. The site plan does not depict any pathways to adjacent properties. To promote neighborhood interconnectivity, staff recommends a pedestrian pathway is provided at the northwest corner of the site with a gate or opening to allow pedestrian access. Victory Middle School AZ -14-006; CLJP-14-003 PAGE 10 1*0411130WA Staff also recommends a pedestrian crosswalk is provided across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. Parking: Based on the overall square footage of the proposed building (approximately 137,000 s.f.), a minimum of 274 parking spaces are required to be provided per UDC 11 -3C -6B. A total of 322 parking spaces are depicted on the site plan in compliance with UDC requirements. All parking should comply with the standards listed in UDC 11-3C-5. Bicycle parking is also required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. The site plan depicts several (8) bicycle racks on the site adjacent to the school building. Based on the number of parking spaces proposed, a minimum of 13 bicycle spaces are required; however, because of the type of use proposed, many more spaces will be necessary. The amount of bicycle parking proposed on the plan appears to be sufficient. Waterways: There are some irrigation ditches that cross this site. All ditches on the site are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. Floodplain: This site does not lie within the Meridian Floodplain Overlay District. Building Elevations: The applicant submitted building elevations for the future school building as shown in Exhibit A.3. Building materials are proposed to consist primarily of split face CMU with smooth face CMU accents along the bottom of the structure. A mix of 3 different colors of CMU is proposed. All structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Fencing: Six-foot tall chainlink fencing is proposed around the east, west, and north perimeter boundaries of the site. All fencing should comply with the standards listed in UDC 11 -3A -6B and 11-3A-7. Staff recommends a gate or opening in the fence is installed at the northwest corner of the site so that pedestrian access is available to the school site from adjacent (future) neighborhoods. Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. In summary, Staff recommends approval of the proposed annexation and conditional use permit request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHHtITS A. Drawings/Other 1. Vicinity Map 2. Proposed Siteffandscape Plan (dated: 5/7/14) 3. Proposed Elevations (dated: 1/3/14) 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) 5. Safety Bussing Map as Recommended by ACHD B. Agency & Department Comments/Conditions Victory Middle School AZ -14-006; CLJP-14-003 PAGE 11 1*.4161130W1 C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Victory Middle School AZ -14-006; CLJP-14-003 PAGE 12 I*0/1113YW.1 A. Drawings 1. Vicinity Map Exhibit A Page 1 2. Proposed Siteffandscape Plan (dated: 5/7/14) Exhibit A Page 1 EXHIBIT A iNloo 0 f �lvp- Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 j oullpiiiii rplpYj PRELIMINARY I [=APE PUN• EXHIBIT A iNloo 0 Me" scmxL MWIC" SCPM all"" WAkM.*PSA I IdIMM IDAHO IIIITT7771 worlwlr PRELIMINARY I [=APE PUN• II Hill! I i ---- — ------- I I mliatil�) Nip 4- ll� SCHOM mmkch6 PA sc� MTN" NEI DAM =.e- TF717711 �VDOIE PLAN -MEA iii 10.411131 W.1 i r_ w 3— 9 LIOLION w.v+ve�q f `•_ Kae °� awpsnea•g•m •ray � !!��!N O 3 a � i g 4 [ R A IM ll ' $ YMMFYM � ! m �{a%a i�ggp �Itlf ,*11ma■1 ( � � ( l�� | 4 /§ , -�;■ §, Big] IW4II131W.1 Y MNI.SRiVY�RR9 v4" tOb' IMP $OHM ANYNS CAXO F Rgi5i : �;}' ., . c a , MMYtlV�A s fJl I�fS€6 NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— YAM-uu; � FFFFF �QQ "p iI6I Y v4" tOb' IMP $OHM ANYNS CAXO F : �;}' ., . c a , MMYtlV�A s fJl NFLN411Y 11E RMI _ __ s -dor c"'�';--' -- — LMIOSOAPE PLAN -AREA FOUR " �— 5- 1W111130W41 3. Proposed Elevations (dated: 1/3/14) VICTORY MIDDLE SCHOOL ENTRY PERSPECTIVE .GAP. j O Jim VICTORY MIDDLE SCHOOL EXTERIOR ELEVATIONS �1 O e- 1111;11113 Y WA 4. Cost Summary Table for Pedestrian Safety (from the ACHD Staff Report) k. Cost Summary for Pedestrian Safety — The overall costs for 3 HAWK crossings and 3 School Flashers is $431,000. Staff is recommending that ACHD contribute $140,000 for the design and construction of 2 HAWKS (approximately one-third of the cost for the improvements listed on the table). The MSD should construct the HAWK and associated school flashers on Stoddard at the Kodiak intersection; and should provide a road trust in the amount of $138,000 for the future pedestrian improvements- m rovements.Improvement Improvement Location Design Construction Hardware ACHD MSD HAWK Stoddard $40,000 $40,DD0 $0 $110,000 Stoddard & ir School Flashers Kodiak $10,000 $23,000 $10,0130 $0 $43,000 HAWK Linder $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Linder $7,000 $17,000 $51000 $0 $29,000 HAWK Victory $30,000 $40,000 $40,000 $70,000 $40,000 School Flashers Victory $7,000 $17,0DD $5,000 $0 $29,000 $140,000 $291,0D0 Project Total $431,000 7- 1W0411130WA 5. Safety Bussing Map as Recommended by ACRD 61sting City Pa!hway ;_i; Signallzod Intersection Proposed City Pathway Pedestrian Facilities FIGURE Existing Sidewalk Proposed Pedestrian Crosswalk ------^---ProposedSkWWalkw/Dowlopment Ada County, Idaho 12 -+� Existing Sidewalk Gaps Estimated Bushv Boundary ` KIT.6'tON& AGOOCIAT68. Ike. M 1*0411130WA B. EXHHtIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. The Applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. Currently, a fee of $303.00 shall be paid by the applicant to the City Clerk's office prior to commencement of the DA. The DA shall, at minimum, incorporate the following provisions: a. Access to the site is restricted to those access points shown on the site plan in Exhibit A and approved with this application. b. Future development of this site shall be generally consistent with the site plan and building elevations shown in Exhibit A. c. Removal of all structures shall take place prior to issuance of building permits. d. The annlicant shall nrovide sufficient street liahtina at the intersection of Stoddard e. ' 1 l triTtIff i Irpoiommended in the Tfg-. 1 1 1 1 1 1 11 1 1 1 i 1 1 1 1 1 YIIN 1 1 rMa W, M 1 1 1 1 1 1 1 1 1 1 1 i u 1 u 1 9- 3.II�.Y Ili ul'111� Y1 1111'1 �•`I'�i 111'f111f 111II1�i�1 1thne,1ensure the area - olleratp., afely and-eTtcieujLV- 4.1 1 1 l i 1 1activity Lo-mkedoe, not occur 1 non-desiguaLed 1 or 11 Mana2pongile-ygmtaflon 1 1northon Stoddard-jgnad _. fromKod*akI Y andenuireobstructions not placed 1the sigbtlines1. 1 1 1*teffltanCj taflon 1enuirp.I I do%tance h. confintieg to 1' 1' The M 1 1SchoolI 1the fotore as recommen1'1 1 hall use ero—*ng__ 1roadway1 11 i. location, 1 11 11 Ptior to ocen1jancy of 1 1 '.1 by the TISM the 11_ 1 1 hall contrilet a • - 1K 1 1 1 1 1 - Stoddard Road nearX11 IY 11schooli 1'Y. 11 . 1 _ of the j. .Stodd.qrd/Kod*.qk*ntergeeflonper• Long trrm 1 1 I andafety I'q recommendation 1 1 Ishall1 Ijraxided_hasPd on theattached 11 1 1 k. . 1 1 1 1HAWKpedestrian 1 by the1 1 1 1 11 11 1 '11 R 11.Iwo Y 9- 1MII131W.1 1. install school zone flashers on all 41eas of the Stoddard/Kodiak intersection_ in. Provide a 540.000 road trnst for the cost of the hardware fora fntnre HAWK on Tinder Road near Kodiak Drive. (ACHD will nav for the design and construction ($71,111111).) n. Provide n 5 2 9-11111 road trust for the cost of school zone flashers on Tinder Road near Kodiak Drive_ o. Provide a 540D00 road trust for the cost of the hardware for a fntnre HAWK nn Victory Road near Stoddard Road. (ACHD will nav for the decian and cnnstrnction (5711_IIIIIII.I p, 29-11111 road trust for the cost of school zone flashers on Virtnry Road near. Stoddard Road_ q, The school district_ ACHD_ and the City shall meet to dkenss fimdina mechanisms for the future development of sidewalks necessary in this area (as well as other areas) t nrnvWe safe pedestrian access to/from the school site(sl_ 1.2 Conditional Use Permit - Site Specific Conditions 1.2.1 The siteAandscape plan included in Exhibit A.2 dated 5/7/14 shall be revised as follows: a. Include mitigation information for any existing trees that are proposed to be removed from the site in accord with UDC 11-313-10C.5. b. Depict a pathway connection and gate/opening at the northwest corner of the site for pedestrian access to the school site from adjacent neighborhoods. c. Provide a pedestrian crosswalk across W. Kodiak Drive in alignment with the pathway from Fall Creek subdivision to the south. 1.2.2 A minimum 5 -foot wide detached sidewalk is required to be constructed along S. Stoddard Road and W. Kodiak Drive, both collector streets, as shown on the site/landscape plan in accord with UDC 11-3A-17. 1.2.3 The applicant shall comply with the specific use standards listed in UDC 11-4-3-14 for education institutions. 1.2.4 No lighting is allowed to be installed for the athletic fields on the site. 1.2.5 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. 1.2.6 The applicant shall provide permanent bussing for all students who live east of SH -69, or only have access to SH -69. Long term bussing for other areas shall be provided based on the map in the ACHD staff report shown in Exhibit A.5. 1.2.7 The applicant shall provide sufficient street lighting at the intersection of Stoddard Road and Kodiak Drive to improve pedestrian safety. 1.2.8 Provide a pedestrian crossing of the bus circulation road to provide access from the school building to athletic fields to the north as recommended by the TIS. 1.2.9 Provide the following on-site traffic management measures as recommended in the TIS. i. Parent outreach identifying the access and circulation routes. ii. Signing to ensure the drop-off/pick-up circulation pattern is easily indefinable and the potential for wrong -way traffic is minimized. -10- 1DK4:1130W.1 iii. On-site traffic management staff during drop-off/pick-up times to ensure the area operates safely and efficiently. iv. Observe drop-off/pick-up activity to make sure it does not occur in non -designated areas off- site or on-site. 1.2.10 Manage onsite vegetation to maintain adequate site distance north on Stoddard Road from Kodiak Drive; and ensure obstructions are not placed in the sight lines that restrict intersection site distance and maintain vegetation to ensure sight distance continues to be adequate in the future as recommended by the TIS. 1.2.11 The Meridian School District shall use crossing guards at key roadway crossing locations as recommended by the TIS. 1.2.12 Prior to occupancy of the school the applicant shall construct a HAWK crossing on Stoddard Road near Kodiak Drive and school flashers on all four legs of the Stoddard/Kodiak intersection per ACHD's recommendation. 1.2.13 Prior to occupancy of the school the applicant shall provide a road trust to ACHD in the amount of $138,000 for the future construction of two (2) HAWK signals and associated school flashers located on Linder Road near the future extension of Kodiak Drive per ACHD's recommendation. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-4 zoning district listed in UDC Table 11-2-A-5. 1.3.2 Comply with all provisions of 11-3A-3 with regard to access to streets. Direct lot access to S. Stoddard Road and W. Kodiak Drive is prohibited except for the access points approved on the site plan. 1.3.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.3.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.3.5 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.6 Comply with the sidewalk standards as set forth in UDC 11-3A-17. 1.3.7 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11 -3E -5I. 1.3.8 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.2.9 Construct the required landscape buffers consistent with the standards as set forth in UDC 11 -3E - 7C. 1.3.10 Construct storm water integration facilities that meet the standards as set forth in UDC 11-313- 11 C. 1.3.11 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.3.12 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to cul-de-sacs, alleys, driveways, common driveways, easements, blocks, street buffers, and mailbox placement. 1.3.13 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-313-10. - 11 - 1*4161130W1 1.3.14 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4 Ongoing Conditions of Approval 1.4.1 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-3B-13 and UDC 11-3B-14. 1.4.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.4.3 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 1.4.4 The applicant shall have an ongoing obligation to maintain all pathways. 1.4.5 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.4.6 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. 1.5 Process Conditions of Approval 1.5.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.5.2 The applicant shall complete all improvements related to public life, safety, and health as set forth in UDC 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.5.5 The conditional use permit shall be valid for a maximum period of two years as set forth in UDC 11-513-6F. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. Upon written request and filing by the applicant prior to the termination of the permit, the applicant may request a time extension in accord with UDC 11-513-6F. 1.5.6 Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of connection to and through the proposed development. 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. -12- 1*0411130WA 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 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 development plan approval. 2.2.6 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. 2.2.7 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. 2.2.8 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. 2.2.9 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. 2.2.10 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. 2.2.11 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.12 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.13 All grading of the site shall be performed in conformance with MCC 11-12-3H. -13- 1*0411130WA 2.2.14 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. 2.2.15 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.16 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. 2.2.17 100 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. 2.2.18 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department had no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new construction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side entrance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 IV' outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 IV' outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 In accordance with International Fire Code Section 503.2.5 and Appendix D, any roadway greater than 150 feet in length that is not provided with an outlet shall be required to have an approved turn around. Phasing of the project may require a temporary approved turn around on streets greater than 150' in length with no outlet. -14- 1W04161130WA 4.5 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.6 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. 4.7 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.8 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. 4.9 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.10 The fire department requests that any future signalization installed as the result of the development of this project be equipped with Opticom sensors to ensure a safe and efficient response by fire and emergency medical service vehicles. The cost of this installation is to be borne by the developer. (National Fire Protection Std 1141 Section 5.2.11.1) 4.11 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.12 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.13 All aspects of the building systems (including exiting systems), processes & storage practices shall be required to comply with the International Fire Code Section 101.2. 4.14 All portions of the buildings located on this project must be within 150' of a paved surface as measured around the perimeter of the building as set forth in International Fire Code Section 503.1.1. 4.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 4.18 Emergency response routes and fire lanes shall not be allowed to have traffic calming devices installed without prior approval of the Fire Code Official. National Fire Protection Standard 1141, Section A5.2.18. 4.19 As set forth in International Fire Code Section 503.2 and D102.1, fire apparatus access roads are required to be 20' in width, consist of an improved gravel surface capable of supporting 75,000 GVW, and shall be provided to all athletic fields, concession stands and pathways. An approved water supply shall be provided to all structures. Plans and specifications shall be provided to the Fire Department for review and approval. 5. REPUBLIC SERVICES 5.1 Republic Services had no comment on this application. -15- 1*0411130WA 6. PARKS DEPARTMENT 6.1 The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 6.2 The applicant shall coordinate a pedestrian crosswalk at the terminus of the multi -use pathway provided by the adjacent subdivision on the south side of W. Kodiak Drive to ensure safe access to the school property. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Construct Stoddard Road as �/z of a 46 -foot street section with vertical curb, gutter and 5 -foot wide detached sidewalk. Dedicate additional right-of-way to complete the improvements. 7.1.2 Construct an Exit Only driveway on Stoddard Road as proposed for bus circulation. 7.1.3 Construct Kodiak Drive as �/z of a 36 -foot street section with vertical curb gutter and 5 -foot wide detached concrete sidewalk. (Except where noted for additional turn lanes.) 7.1.4 Install a separate eastbound left -turn lane on Kodiak Drive at the Stoddard Road/Kodiak intersection by striping the eastbound approach for two lanes using the existing 23 feet or with minor widening into the median or planter strip. The lanes should be approximately 150 feet long. 7.1.5 Install pedestrian crosswalks on the Kodiak Drive legs of the Stoddard/Kodiak intersection. 7.1.6 Construct 3 driveways on Kodiak Drive as proposed. Pave the driveways their full width and at least 30 -feet into the site with 15 to 30 -foot curb radii. (Radii may vary depending on radius needs for bus turning movements.) 7.1.7 Install a westbound right -turn lane on Kodiak Drive at the East Site Driveway. Storage of approximately 150 -feet is recommended. 7.1.8 Stripe a two-way center left -turn lane on Kodiak Drive from the end of the existing planter strip on Kodiak Drive to a location approximately 100 -feet west of the east site driveway. 7.1.9 Install a pedestrian crosswalk ad necessary signage on Kodiak Drive located just west of the middle driveway. 7.1.10 Long term bussing and safety bussing should be provided based on the attached maps, and as agreed to by the applicant. 7.1.11 Install a HAWK pedestrian crossing (and associated improvements) on Stoddard Road near Kodiak Drive. 7.1.12 Install school zone flashers on all 4 legs of the Stoddard/Kodiak intersection. 7.1.13 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Linder Road near Kodiak Drive. (ACHD will pay for the design and construction ($70,000).) 7.1.14 Provide a $29,000 road trust for the cost of school zone flashers on Linder Road near Kodiak Drive. 7.1.15 Provide a $40,000 road trust for the cost of the hardware for a future HAWK on Victory Road near Stoddard Road. (ACHD will pay for the design and construction ($70,000).) 7.1.16 Provide a $29,000 road trust for the cost of school zone flashers on Victory Road near Stoddard Road. -16- 1*0411130WA 7.1.17 The applicant should provide adequate roadway lighting on Kodiak Drive and Stoddard Road abutting the site, and at the intersection of Stoddard/Kodiak. (NOTE: ACHD does not review or require street lighting. Lighting is a City requirement. The City should work with ACHD Traffic staff to determine adequate lighting requirements at this intersection.) 7.1.18 Impact fees are waived in accordance with the Interagency Waiver of Fee Agreement between the Ada County Highway District and Joint School District No. 2. 7.1.19 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.3.2 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.3 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.4 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. 7.2.5 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.6 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.7 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.8 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.10 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.11 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any -17- 1 M16113 0 W.1 change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -18- 1 X1.11113 Y II:1 C. Legal Description & Exhibit Map for Annexation Boundary Annexation Legal Description Joint School District No. 2 Stoddard Property Parcel 2 A parcel located in the East %of the W %of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of the of the NW '/. of said Section 24 from which a Brass Cap monument marking northwest comer of said NW % bears N 89°07'22" W a distance of 2655.69 feet: Thence S 0°51'28' W along the easterly boundary of said NW Y a distance of 2634.99 feet to a Brass Cap marking the northeast corner of SW % and the POINT OF BEGINNING; Thence S 0°51'28' W along the easterly boundary of said SW % a distance of 200.09 feet to a 518 inch diameter iron pin and to the centerline of West Kodiak Drive; Thence leaving said easterly boundary N 89'08'32"W along said centerline a distance of 231.53 feet to a 5/8 inch diameter iron pin: Thence continuing along said centerline a distance of 240.16 feet along the arc of a 1000.00 foot radius curve right, said curve having a central angle of 13°45'36" and a long chord bearing N 82°16'57" W a distance of 239.58 feet to a 5/8 inch diameter iron pin; Thence along said centerline N 14'33'26' E a distance of 5.00 feet to a 5/8 inch diameter iron pin; Thence along said centerline a distance of 624.52 feet along the arc of a 995 foot radius curve right, said curve having a central angle of 35°57'45" and a long chord bearing N 57°22'57" W a distance of 614.32 feet to a point; Thence leaving said centerline N 50°35'11° E a distance of 25.00 feet to a 518 inch diameter iron pin; Thence N 49°00'23" E a distance of 103.63 feet to a 518 inch diameter iron pin; Thence N 17°11'32" E a distance of 222.56 feet to a 518 inch diameter iron pin; Thence N 0°51'28" E a distance of 793.26 feet to a 518 inch diameter iron pin; Thence N 45°51'28" E a distance of 94.19 feet to a 5/8 inch diameter iron pin on the northerly boundary of the SE % of the NW %; Thence S 89°17'29' E along the said northerly boundary a distance of 765.09 feet to a 518 inch diameter iron pin marking the northeast corner of the SE'/. of the NW %; Thence S 0°51'28' W along the easterly boundary of said NW % a distance of 1317.48 feet to the POINT OF BEGINNING. This parcel contains 28 64 acres and is subject to any easements existing or in use. �NPL�=Os Vincent Blommer, PLS Land Solutions, PC July 10, 2014 La dS�olutions -19- to - 5 D _ T SWderd Property Parcel 2 Job Na 13-88 EXHIBIT A Stoddard Property Parcel 2 ANNEXATION EXHIBIT St4 513 BASIS OF BEARING sle 523 524 2N59.RN' NN89]'22'W 1/4 51e W. OVERLAND ROAD 31].Nt' 50051'26'W ' 765.09' _ 5887729"E - 94.19' N45'SP28"E I I Lw � b N 4 N1I O z I PARCEL 1 N MYA - =01 AMES h 1 � "WE TAALL 6 vv IE M RI M naTA p w NEARING CI2�js MMI 13 Y 16'37' ' YW C2 Y1' N 8Y12'6)' N I ry n � 1 2 2s 00' N50'35'11E� 103.63. N419-00 23"E POINT a PEPNNING 1 PMCn 2 C 1/4 C so02'51'28 w 4 L�"2ps � � GIST C-1.R 231 5.S �+ 5.00' u ]" 1 ' 1s N14'3Y26"E 906$2'W ${ m ^ i IT BV'.� ,/4624 Lind_ Solutions 0 125 2So Soo �- Land Surv*ng and consuRing 231 E 5TH SE, STE A AI£RI NAD 83611 116N1 x68xpw 11081 x66x55)fv wAv�wiasd+mrsm -20- 1MII13YII:1 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 the subject property with an R-4 zoning district. The City Council finds the proposed use of the site is consistent with the applicable provisions of the Comprehensive Plan and should be compatible with existing and future adjacent residential uses if the site is developed in accord with the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-4 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). The City Council finds annexing this property with an R-4 zoning district is in the best interest of the City. 3. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-4 zoning district and the specific use standards for public education institutions. -21- 1MII131W.1 b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed public education institution use in the R-4 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the school will be compatible with existing and future residential and church uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. L That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council finds that the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of the school; however, whenever undeveloped property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. -22- 1111111111 Z111111111 •; ITEM TITLE: KINSLY Findings of Fact, Conclusions of Law for Approval: MDA 14-004 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Amend the Recorded Development Agreement (Inst. # 1051844653 and # 1 081 01 1 51 for the Purpose of Excluding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision MEETING NOTES 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 DATE: October 21, 2014 ITEM NUMBER:5H PROJECT NUMBER: RZ 1-003 ITEM TITLE: KINSLY Findings of Fact, Conclusions of Law for Approval: RZ 14-003 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Rezone Approximately 3.42 Acres from L -O (Limited Office) and R-15 (Medium High -Density Residential) Zoning Districts to the C -C (Business Community) Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October1 ITEM TITLE: KINSLEY Findings of Fact, Conclusions of Law for Approval: PFP 14-001 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Preliminary / Final Plat Approval of Three (3) Commercial Lots on Approximately 2.61 Acres in the Proposed C -C Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes •I TO W-1 1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ITEM TITLE: KINSLEY Findings of Fact, Conclusions of Law for Approval: CUP 14-002 Kinsley by DL Evans Bank Located Northeast Corner of N. Ten Mile Road and W. Pine Avenue Request: Conditional Use Permit for the Following: 1) A Drive-Thru Establishment Within 300 Feet of a Residential District AND 2) Extended Hours of Operation in Accord with UDC 1 1-2B- 4 in the Proposed C -C Zoning District kTEETIVG VOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER EIDIAN!,,:--- In the Matter of the Request for Rezone of Approximately 3.42 Acres to the C -C Zoning District, Combined Preliminary/Final Plat Consisting of 3 Commercial Lots on 2.61 Acres, Conditional Use Permit for a Drive-through Establishment and Extended Hours of Operation AND Development Agreement Modification to Exclude the Property from the Recorded Development Agreements (Instrument #'s 105184653 and 108101151) and Enter into a New One, for the Property Located on the Northeast Corner of N. Ten Mile Road and W. Pine Avenue, by D.L Evans Bank. Case No(s). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 For the City Council Hearing Date of: October 7, 2014 (Findings on October 21, 2014) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of October 7, 2014, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of October 7, 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 § I 1-5A. 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). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of October 7, 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 § 1 I -5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone, combined preliminary/final plat, conditional use permit and development agreement modification is hereby approved per the conditions of approval in the attached Staff Report for the hearing date of October 7, 2014, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Combined Preliminary/Final 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 terinination of the period in accord with 11-613-7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -2- 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 11(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 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of October 7, 2014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -3- By action of the City Council at its regular meeting held on the day of , 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED 0 ` m- 6 COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED`, 4-. COUNCIL MEMBER JOE BORTON VOTED 0 COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED !� 0 MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Ma or -Tammy de Wed=' 4 SI J, Attest: ii" of ayceeo nan, City Clerk` Copy served upon Applicant, The Planning IIePear`tment, Public Works Department and City Attorney. B _ Dated: to City �e -I�j Office CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 -4- STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A October 7, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 (��/WIEN jj� Bruce Freckleton, Development Services Manager 208-887-2211 Kinsley — RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.L. Evans Bank, has applied for the following: 1) a rezone (RZ) of approximately 3.42 acres from the L -O (Limited Office) and R 15 (Medium High-density Residential) zoning districts to the C -C (Community Business) zoning district; 2) a combined preliminary/final plat (PFP) consisting of three (3) commercial building lots on approximately 2.61 acres of land in a proposed C -C zoning district; 3) a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential district and extended homy of operation; and 4) a development agreement modification (MDA) to exclude the property from the recorded development agreements and enter into a new one. See Section VII, VIII & IX for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PFP, CUP and MDA applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard these items on September 4, 2014. At the public hearing, the Commission voted to recommend approval of the subject RZ, PFP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jason Densmer ii. In opposition: None iii. Commenting: None iv. Written testimony: Tamara Thompson v. Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: i. Right-in/right-out only access to Pine Avenue. ACHD suppoi-ts the proposed access op jnt. Kinsley — RZ, PFP, CUP and MDA PAGE 1 EXHIBIT A The Meridian City Council heard these items on October 7, 2014. At the public hearing, the Council approved the subject RZ, PFP, CUP and MDA reauest. a. Summary of City Council Public Hearing: i In favor: Tamara Thompson i i• In opposition: None 'jj Commenting: Jessica Aguilar Written testimony: Tamara Thompson Staff presenting application: Bill Parsons A. Other staff commenting on application: None b. Key Issues of Discussion by Council: L Hours of operation. ii. Timing for the clean-up of the property, c fey Council Changes to Staff/Commission Recommendation L. Condition 1.3.1a was modified to allow the right-in/right-out access to Ten Mile Road per City Council's and ACHD's approval. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14- 003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of October 7, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of October 7, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of N. Ten Mile Road and W. Pine Avenue, in the NW'/a of Section 11, Township 3 North, Range 1 West. (Parcel #S1211233735) B. Applicant/Owner: D.L. Evans Bank 2560 E. Fairview Avenue Meridian, Idaho 83642 C. Representative: Tamara Thompson, The Land Group Inc. 462 E. Shore Drive Eagle, Idaho 83616 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a rezone, combined preliminary/final plat, conditional use permit Kinsley — RZ, PFP, CUP and MDA PAGE 2 EXHIBIT A 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: March 31, and April 14, 2014 (Commission); September 15, and 29, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: March 20, 2014 (Commission); September 11, 2014 (Council) D. Applicant posted notice on site by: April 7, 2014 and Reposted on August 22, 2014 (Commission); September 25, 2014 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently vacant commercial and residential property, zoned L -O and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential subdivision, zoned R-15 South: Vacant commercial property, zoned C -C East: Multi -family development, zoned R-15 West: Vacant and developed residential properties, zoned R-15 and R-8 C. History of Previous Actions: ® In 2000, the property received annexation, preliminary plat and conditional use permit approval (AZ -00-006, PP -00-005 and CUP -00-014) for Valeri Heights Subdivision. Due to a number of factors, the Valeri Heights project was never constructed. A development agreement was required with the annexation of the property (instrument #100103906). ® In 2004, the City Council approved a new preliminary plat (PP -04-035), conditional use permit (CUP -04-040) and development agreement modification (MI -04-011) for Sommersby Subdivision. As part of the Sommersby DA modification, the Valeri Heights DA was terminated and replaced with a new DA which recorded as instrument #105184653. ® In 2005 and 2006, the City approved two phases of the Sommersby Subdivision (FP -05-071 and FP -06-024) which has developed with a mix of single family detached homes, townhomes and multi -family. ® In 2008, the property received final plat approval of the third phase (FP -08-020) and an amendment to the recorded DA recorded as instrument #108101151. The applicant failed to obtain signature on the plat therefore the plat has expired. D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 2. Location of water: Water mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA Kinsley — RZ, PFP, CUP and MDA PAGE 3 EXHIBIT A Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. The requested rezone to the C -C zoning district is consistent with the MU -C land use designation. The purpose of this land use designation is to allocate areas where community -serving uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. The vacant property was always intended for a mixed use development and was planned with the multi -family development to east. This is the last remaining vacant property approved under the planned development to develop with the commercial uses to serve the area. Because the site is developing in the context of a mixed-use development, staff finds the proposed uses (bank and retail) are consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Require all commercial development and industrial businesses to install and maintain landscaping." (2.07.03B) A 25 foot hide landscape buffer is required adjacent to W. Pine Avenue and N. Ten Mile Road • a 10 foot landscape buffer is required adjacent to the private streets in accord with UDC 11 -3B - 7C. 2. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) Cita) services ai•e readily available to serve the proposed commercial development. 3. `Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development." (5.01.02B) The proposed development is an infill project consistent ivith this objective. 4. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) The applicant is proposing right-inhIght-out only access from Pine Avenue and a northern access to W. Acari -ea consistent with the UDC. 5. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) This area ofMeridian lacks many commercial services inchiding the financial institution and retail itses. When the Sonnnersby project u -vas approved, it ivas envisioned that office uses would accompany the residential uses. Nouv that the Ten Mile Interchange is completed, N. Ten Mile Road is transitioning into a major mobility corridor facilitating the need to provide neighborhood friendly commercial uses in the area. Given the scale and bulk of the proposed commercial development, staff is of the opinion that the proposed services will complement the existing residential uses in the area and provide various connnegcial opportunities that are cwa gently lacking in the area. 6. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06.0 IF) The properj� has ahvays been contemplated for commercial uses and the original concept plan integrated the office uses with the multi family uses. The applicant is proposing more intense Kinsley — RZ, PFP, CUP and MDA PAGE 4 EXHIBIT A connnnercial uses however the connnercial buildings are oriented away from the multi family buildings and separated by parking and landscaping. Staff believes there is adequate transitioning behveen the proposed commercial development and the existing multi family development. 7. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N) The applicant is seeking approval for a right-in/right-out access to Pine Avenue. Staff is supportive of the Pine Avenue access. The UDC restricts access to arterial streets when local street access is provided A northern access to W. Acarrea is proposed consistent with the UDC. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): BUSINESS COMMUNITY DISTRICT (C -C) - The purpose of the Commercial Districts into provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-213-3 for the C -C zoning district. D. Landscaping: ® Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablell-2B-3 and UDC 11-313-7C for the C -C zoning district. ® Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11 -3B -8C. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the proposed commercial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ) AND DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant is proposing to rezone the property from the L -O and R-15 zoning districts to the C -C zoning district to develop the site with a bank and two (2) retail pad sites consistent with the proposed FLUM designation of MU -C. The proposed concept plan depicts three (3) building footprints ranging in size between 4,200 square feet and 6,000 square feet, the proposed accesses, the parking and associated landscape improvements. A concurrent conditional use permit was also submitted to establish a drive- through for the proposed bank site (Lot 1, Block 1). The other drive-through depicted on Lot 2, Block 1 is not approved and will require the approval of a conditional use permit to establish the use. In general, staff is supportive of the proposed concept plan. Kinsley — RZ, PFP, CUP and MDA PAGE 5 EXHIBIT A Under the existing zoning (L -O and R-15), the proposed retail and drive-through uses and extended hours are not allowed. The recorded development agreement also restricts the property from developing with any drive-through uses. Although the applicant has submitted a viable concept plan, the only development proposed for the site is the bank and associated drive- through. The other two pad sites are speculative at this time. Because the proposed commercial development abuts a residential district, specific development plans are not proposed for Lots 2 and 3, Block I and transitional zoning is not proposed, staff is recommending restricting specific uses from developing on the property. In order to develop the property as proposed, the applicant has submitted a concurrent development agreement modification to exclude the property from the recorded development agreements and enter into a new one. Staffs recommended DA provisions are provided in Exhibit B. PRELIMINARY/FINAL PLAT (PFP): The proposed plat consists of three (3) commercial lots on approximately 2.61 acres of land in a proposed C -C zoning district. The three (3) commercial lots range in size between 29,136 square feet and 51,818 square feet respectively. The UDC does not have a minimum lot size standard for the commercial development and the required landscape buffers meet the dimensional standards of the UDC as noted below. Access: UDC 1I -3A-3 requires the commercial development to take access from the internal private streets as contemplated with the Sommersby project. The applicant is seeking a Council waiver for a right-in/right-out access point to W. Pine Avenue and no access is proposed to N. Ten Mile Road. Staff supports the right-in/right-out access to W. Pine Avenue because it is currently restricted with a center median. Over the last several months, the applicant has been coordinating with the Sommersby HOA for a northern access to W.Acarrea Lane. The revised plan in Exhibit A.6 depicts the northern access and the removal of the Ten Mile access. Currently, the landscape and the preliminary plat still show a Ten Mile Road access, however conditions are provided in Exhibit B prohibiting access to Ten Mile Road. Prior to signature on the final plat, the applicant must provide a recorded reciprocal cross access agreement between the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. Since the proposed commercial development has limited access to the adjacent arterial streets, a note on the submitted plat states all commercial lots within the development have a reciprocal pedestrian and vehicular cross access easement. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.5. The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to W. Pine Avenue and N. Ten Mile Road. The street buffer landscaping complies with the standards in accord with UDC 11-313-7C however; the plan should be revised that includes a continuous 25 - foot wide landscape buffer along the entire Ten Mile frontage. The 25 -foot wide landscape buffer between the commercial and residential uses is not required along the north and east boundary because the existing uses are separated from the proposed commercial development by private streets. Therefore, the landscape buffers on the submitted plan comply with the dimensional standards of the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation Kinsley — RZ, PFP, CUP and MDA PAGE 6 EXHIBIT A 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. Sidewalk: Currently, 7 -foot wide attached sidewalks are constructed on W. Pine Avenue and N. Ten Mile Road installed with the widening of Ten Mile Road and the reconstruction of the intersection. Staff is not recommending the removal of the new sidewalks with the proposed commercial development. CUP: With the development of Lot 1, Block 1 the applicant is proposing to construct a 4,750 square foot bank with associated drive-through. The UDC requires a conditional use permit if drive-through establishments are within 300 feet of a residential district subject to specific use standards listed below. Although the submitted site plan depicts two (2) drive-through uses staff is only analyzing the bank drive-through as part of the subject application. Any other future drive-through use must obtain approval of another conditional use permit. The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply to the proposed drive-through uses as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance (CZC) application. The speaker locations and tivindow locations are not shotivn on the submitted site plan. These items must be included on the revised plans submitted ii,ith the CZC application. Further, financial institutions usually provide self-service facilities (ATlld) for their patrons. The submitted site plan does not depict the location of one. If all ATM is proposed, the site plan needs to be revised to indicate the location of the ATM machine which must comply with the self-service standards outlined in UDC 11-3A- 16. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The design of the drive-through for the bank (southern pad site) provides three (3) drive-through lanes and an exit lane to alloln for° the stacking of vehicle and provide adequate site circulation. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The drive-through stacking Tames are separate fi^orn the circulation lanes needed for access and parking in accord ii,ith this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. NA (The proposed stacking lanes are not within 10 feet of a residential district or residence) E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The applicant has provided the required escape lame. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application for each of the pad sites. 1) Provide a bike rack detail. 2) Pedestrian walkways must be provided from the perimeter sidewalks to the main building entrances and distinguish the walkways from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks, per UDC 11 -3A -19A.4. 3) Relocate the existing mail kiosk on the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the final plat the Kinsley — RZ, PFP, CUP and MDA PAGE 7 EXHIBIT A applicant should coordinate with the Post Master and the HOA on an appropriate location for the mail kiosk. 4) Construct a passive traffic calming design element (such as bulb -outs or chokers) on the west side of the banks drive-through area to deter vehicles from entering the bank drive- through from the wrong direction. 5) Sign and stripe the banks drive-through area one-way. Parking: Based on the overall square footage (s.f.) of the three (3) buildings, approximately 14,950 s.£, a minimum of 30 vehicle parking spaces are required to be provided on the site. A total of 87 parking stalls are proposed, consistent with UDC requirements. Based on the number of vehicle parking stalls provided (87), a bicycle rack capable of holding a minimum of three (3) bicycles is required to be provided per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. With future CZC submittal, each building on the site will responsible for provided a bike rack for each of the proposed pad sites in accord with this requirement. Landscaping: Parking lot landscaping is required to comply with the standards listed in UDC 1I - 3B -8C. The landscaping shown on the plan substantially complies with these standards. With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11 -3B -8C. Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. If any fixtures are proposed that have a maximum output of 1,800 lumens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application. Hours of Operation: The UDC (11 -2B -3A.4) restricts hours of operation on the site when abutting a residential district to the hours between 6 am and 11 pm in a C -C zoning district. However, extended hours of operation may be extended through the conditional use process. As part of the application submittal the applicant is seeking approval for extended hours of operation. In the submitted narrative the applicant is proposing the future businesses be limited to the hours of operation between 5 am and 12 am; 7 days a week. Since the commercial development to the south was approved with similar hours of operation, staff is supportive of the proposed hours of operation. Building Elevations: The applicant has submitted sample elevations of the bank and a rendering of a retail building. Staff is of the opinion that both renderings are consistent with the design standards set forth in UDC 11-3A-19. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial development. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Legal Description & Exhibit Map of Rezone Area Kinsley — RZ, PFP, CUP and MDA PAGE 8 EXHIBIT A 3. Proposed Preliminary Plat (dated: 03/04/14) 4. Proposed Final Plat (dated: 02/26/14) 5. Proposed Landscape Plan (dated: 09/25/14) (REVISED) 6. Proposed CUP Site Plan (dated: 09/25/14) (REVISED) 7. Proposed Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Kinsley — RZ, PFP, CUP and MDA PAGE 9 EXHIBIT A Exhibit A.1: Vicinity Map Ocinity 0.15 oWiles Kinsley — RZ, PFP, CUP and MDA PAGE 10 EXHIBIT A Exhibit A.2: Legal Description & Exhibit Map of Rezone Area January 7, 2014 Project No. 113116 Rezone Description Kinsley Subdivision 3.42 Acres ma Page 1 of 1 THE LAND GROUP, INC. Exhibit "A" A tract of land situated In the Southwest One Quarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows: BEGINNING at the. West One Quarter Corner of said Section 11, thence following the westerly line of said Section 11, North 0°00'06" West a distance of 528.30 feet; Thence leaving said westerly line, North 89°59'20" East a distance of 193.99 feet; Thence South 0°00'40" East a distance of 34.00 feet; Thence North 89°59'20" East a distance of 81.00 feet, Thence South 0°00'40" East a distance of 323.37 feet, Thence South 89°59'20" West a distance of 3.00 feet, Thence South 0°22'56" West a distance of 50.50 feet; Thence South 89°37'04" East a distance of 55.12 feet; Thence South 0°26'08" West a distance of 122.37 feet to the southerly line of the said Southwest One Quarter of the Northwest One Quarter of Section 11; Thence following said southerly line, North 89°36'16" West a distance of 325,91 feet to the POINT OF BEGINNING. The above-described tract of land contains 3.42 acres more or less, subject to all existing easements and rights-of-way. Attached hereto Is Exhibit "B" and by this reference Is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 )'7. 20/H le, r . www.Uielandgrouoinc.com Kinsley — RZ, PFP, CUP and MDA PAGE 11 EXHIBIT A I . N89759'20"E 193.99' W Acarrera Ln, S0°00'40"E N89°59'20"E i 34.00' " 81.00'. ' ' 1 1 c4 9 i 'Rezone Area� , Sommersby 3,42 Acres± , CD, Subdlvislon No, 2 o m I S89°59'204W ' 300' SO°22'56"W ' S89°3T04"E 1 1 55.12' 1 I Pine Ave.- yti°� c Nast N89°3616"W 325.91' W V4 CORNER a 14216 , SECTION 11 or ELB• . '7. 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L913 W11Y 13.11®AvgrNLLSf L2[[£ LIL ASSSSHIVSIwM4W`d91bi[Y awrxml 1 G 'aAD1:1[NAl➢Wi1 RRY i9tif1331A18C 1 m[ihD"aI CWAI[R MRM A,:N•J.SDry IL4RAYTR$IRCIOI LLLLL 9. EAiY'ta NA]ilU fl£ CI AltH1EIlLR GYfB£RJAY AUDt 'fAt COTS. !G mtS SH Llai F[0.tOJtZD 1Y 55w"I IG9 AIfAOd NtFR+C( Nlf aaTYA4l11[ r QIYUr 6?AGu4. It, [.. Yt [Di A.^tfISNY 9YSIilSN]AVJW.P vA 3PiNiB.lJC2_1Mv'A1I�+3ff1LA E+.5 a A. �> li. i E31 3 'tl b3.fLTTit CC. i+.1C C' D 1fCN- t 4�d A' \T [ AR un rlEdY �kERY Oi W.V ear-Lk4Ti ER8 � l 9A A' DC M! :1ftf-M YL�GNiI Fa rliafalx.c A1+.8TA'O A.nit[ Auvxst -t-- �i --- .e row sw !&Gs Rrrl I f oiiro•e:e:; b c 3 � AL:uy-a M N. Ten Mile Rd —�- G,lm• — '� !yynI 4 THE )ROUP k: •Yf}YN fbY_!a �p i t`1�tU� �RIltl LV Ga 3,i� IWWE;ILSIU? II lGY 6¢J STnn O+ir[>uite l00 wull:Icw. Rcrulll s,�e, �[ canna,marm �<q LN r.pp4 rau-sale GlQfl. !MC RI-993./Mi Jet. -Gd 8191115 E:S?911 au..s.fAslovr9nrU�r.cm Kinsley — RZ, PFP, CUP and MDA PAGE 14 K li: x:ctLs Yk, I N. Bluffmad Ln, (Private) `<§ ami S "ifalN 1' [^J r ®® Sst3Mt Xl.9A a 13,.rJ I�.Si SllF:3' TJ Et�3 I SftW C}a - 1 �I i NUTS I `I � I •--- [SCROFE 1 � 1 % 4CYJ Ill 1 > I O I O l xAN:Mt;:flrl k[wR,*f C{f'i);t I I / P,ri CL:flRtiii6t Mi(4 V£E ��/ / I� Q f2M.iDT V 1W 1 BLOCK 1 I C -Un R9t•51,fk. Krill / 1/ / b 1 1� gg1 1,f I i /i I I ra 1QCt4N[K•Ulk'1 AAD iacjlQiS t / I t 1 V 32 16fET.1E i) �II I 1 % / J J'A!' r • General Imes: !. Auiln iwlsWs•=.�xlonwnJ.Airrtnr�Y.n[ec us x[Rwu�wwurur>r,Aretm rei (allCutMDCwRG Ut£tRS A4G{AiLtYBLIRVLYI, m'1159 M�LYSDY9 UertA.a3. R(5 aSLli;✓I MlL1L8i1D0. M[NLLWYN9 VSEwIlB UrPJRS AYD CRY 30.Cfl LPIR411[LlSIXtYi S'LLLLN61 iAILW➢C IIR W,&TAlaRV! DixN➢4AiA:C➢fNrlJaYS 1R4d RRNalDRl9•Q41NAY iJUAIIQi. 2. APR[SEIRYkU ARR1169 SYSRN W4Y¢im IUAY➢U1LYPlD,RUMIlL On1Y9 SlSRN lUiI"dA IIRADJA2h1FJtti'.[A3V DkYLLU{V!`R 1NYLeLAaIlLlm ID S{YS ALL 1915. 11CSYi 2Nx':31R JU.NRYtFIAAIm GY CRYV[Q.RiSY QwY9i iA35 W AfYJi A'a I1K(45'LA5 AiyMANLaiM IH[ PRUW SED RYVWEt3Y1, WUCRSlAA33[A3KlS4Ri5FR]r'a4U 1CR PLLURRA1a4 AYD VANhYAh*AW11RS)SRil,Y IIEMYI IIKTNJUwhiRiA4S9Ctlt4`6 GLV4DI0.tAD1A V•1NkLY lAIIIACIWYA31[I.AE4E I,EPm{".Fim ULYIl6ViYtt531 FA,NSiOA FPo91 riiY611t RYftD G4rilOM iN[WIA3IE WAIL9MRNOiLFAROfiYC16GITM 16rt9,AR 9. I a➢[vIlffM-`I1 P.¢•AY•451C1UY 1dK21➢{tiE WmCm[.ATR tOtA9.N /LT, INIF.11911R5. '1aA51!YINRILO'iAA1Vi CRAYunMraAtlalD Q 91All8[aiELWiA YUaAYE fR,W ECR P�MWr.R'VAYYP(AAZO GUItliota Pl IIRAIWiIIIt SuiROfm 11aYA0LNLNPAlYGifGIff9A,RR rNtS 4R' Rl5 LiiY N CR5LPIY NA V,]AE I1R4lM (I,YLLR.SYNLYRR6L0.1rCN'fIA$ �rA NhSA4a Al Rrt IYia[➢RR4MJl HCRIY,iAW4➢,Ma tlCPAJYSa56 ➢f Pfi kLTHIY p1tLL fal MYIY xr[tl6tAA W ¢LY7AL4115/ApYll£: WARRUI4386!41 QiiR119Y Yf AYT A 5lAUlNPAl6LR111Ji QA APPJ NILY9 Y: L N IP. d A,LC+lIJIiA-34LGIS 4I;NYI£xm43l4Ll Pw'iUt iIIfaiAYliCAS'6A1t5Sl'JA S4!PLLW A4U RRiiR44 taA[il AYD -NGS t➢Mf rJ1GRNNi9-W Y.'rYAVU 1D IIEUINREASLSYYISAS S£IKAt[U m NDi[D OI IHGMt. 5 VYSSM g11Q?A Sfli.W^NlP39ViLLLH.A:Wicl Vmriltl il,[a➢RGELL tA•YR Ah➢ G SI�Y:aCYR3'AAILNSAINtit'<INLv'W.4RU{ASIRRi3RRAR mASs'iDRlllTIArRDaSU. A4r Rt�liD45fJ[Ctl 3 It flLLLI WVtYPA YIN[aARCARtt IP'a [RAIUIl NLitt['iAl I Rry iu Rwmh>�I. E, rvmLsiurawa alio- NL s.renl,a s,[avv.Ra ucatDr ss>YlwmvSaunmA iN 91IS RN [ill wiLfR S& 41 i11' Ar NALL lM9'N RYrS E^1^u5. L913 W11Y 13.11®AvgrNLLSf L2[[£ LIL ASSSSHIVSIwM4W`d91bi[Y awrxml 1 G 'aAD1:1[NAl➢Wi1 RRY i9tif1331A18C 1 m[ihD"aI CWAI[R MRM A,:N•J.SDry IL4RAYTR$IRCIOI LLLLL 9. EAiY'ta NA]ilU fl£ CI AltH1EIlLR GYfB£RJAY AUDt 'fAt COTS. !G mtS SH Llai F[0.tOJtZD 1Y 55w"I IG9 AIfAOd NtFR+C( Nlf aaTYA4l11[ r QIYUr 6?AGu4. It, [.. Yt [Di A.^tfISNY 9YSIilSN]AVJW.P vA 3PiNiB.lJC2_1Mv'A1I�+3ff1LA E+.5 a A. �> li. i E31 3 'tl b3.fLTTit CC. i+.1C C' D 1fCN- t 4�d A' \T [ AR un rlEdY �kERY Oi W.V ear-Lk4Ti ER8 � l 9A A' DC M! :1ftf-M YL�GNiI Fa rliafalx.c A1+.8TA'O A.nit[ Auvxst -t-- �i --- .e row sw !&Gs Rrrl I f oiiro•e:e:; b c 3 � AL:uy-a M N. Ten Mile Rd —�- G,lm• — '� !yynI 4 THE )ROUP k: •Yf}YN fbY_!a �p i t`1�tU� �RIltl LV Ga 3,i� IWWE;ILSIU? II lGY 6¢J STnn O+ir[>uite l00 wull:Icw. Rcrulll s,�e, �[ canna,marm �<q LN r.pp4 rau-sale GlQfl. !MC RI-993./Mi Jet. -Gd 8191115 E:S?911 au..s.fAslovr9nrU�r.cm Kinsley — RZ, PFP, CUP and MDA PAGE 14 EXHIBIT A Exhibit A.5: Proposed Landscape Plan (dated: 09/25/14) (REVISED) d a m � C l0 % C a Kinsley — RZ, PFP, CUP and MDA PAGE 15 Preliminary Plat Landscape Notes Street Tree Notes G M —41 1 ProjeotCaioulallons: 1 Legend Plantina Sohedule rM s,ri. ,m K— e,u, S a 06 9ecNaac.M Trte. •g A ! < i0 d a m � C l0 % C a Kinsley — RZ, PFP, CUP and MDA PAGE 15 EXHIBIT A Exhibit A.6: Proposed CUP Site Plan (dated: 09/25/14) (REVISED) artm ,trrixavrrarrarsncmrt Ifill i ,� .�, ta' CfRF1,NrEX IAS.,ClPFRACHIIFCi SNTFNP I{ sanmataer Ir " SnEdhldon pa.2 � _ T ,Yxa ri.� — O n_ ____J._ ra<.e fa - •, ®i .ca i3 :zuu, t % m 1 i'3 _ m. T� -- _..L:f': = --e'� J L._::i i11 o-xl , s y jC ♦ r`. >� .� n S u d s �i � � I � :?� 2� I �•xa � It IIY 1�4 _ —�jt-�- ��. W Iit' c l5 Omni Noles JIt—t—. �_r s n 3, I f^ A p r � v I� FE1 1 '.n Vri-P cel I.+K � J _ 1 a cu _j r. M.., !! � 1 — I I ' 1 ��, i n,. L. r i � a. �• � ��r i I "L— 1 W a t l —`D �3 Slte Caloulatlons e , F_ _ _ rii,h q wrra 1 ' Conditional Use Permit - Site Plan' CI1P 1 Kinsley — RZ, PFP, CUP and MDA PAGE 16 EXHIBIT A Exhibit A.7: Proposed Building Elevations LE .t- F 5, entry elevation i:�...�w�■,.moi �� _ �. � � IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII tt � - t•��R !ice �� >a� � �.hs�it]41F6n�n3N, 6'sYne enF� Cc�� ;�a{{ �� 1111111111 11111(IIIIIIIIIII �'_ _ �■ o �■ X11 I ��:: �' elevation2 west LE .t- F 5, entry elevation Kinsley—RZ, PFP, CUP and MDA PAGE 17 nk_uM_ ❑ ;�a{{ r ;w � ewr.4AHtd ae Bb'f6%MO as.n av 3 J �� ... Kinsley—RZ, PFP, CUP and MDA PAGE 17 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A new development agreement (DA) replacing the existing DA's is required as part of the project approval. Prior to the rezone ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A CZC application will not be accepted nor will the final plat receive signature until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the site plan, landscape plan and bank elevations in Exhibit A. b. Future development of Lots 2 and 3, Block 1 shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. c. Development of the subject property shall comply with the C -C standards listed in UDC 11- 2B-3. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning district listed in UDC Table 11-2B-2 except for the following: animal care facility, dispatch center for mobile services, drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. d. Any future drive-through use on the site (Lots 2 or 3, Block 1) shall comply with the specific use standards set forth in UDC 11-4-3-11. e. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.2 Conditional Use Permit 1.2.1 The applicant shall comply with the Specific Use Standards for drive-through establishments and financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17. ® With a future CZC submittal for the southern pad site (Lot 1, Block 1), the applicant must include the speaker locations, teller window and ATM location on the revised plan. 1.2.2 The site plan, prepared by The Land Group hrc., dated 09/25/14, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: ® Where the pedestrian walkways from the perimeter sidewalks to the main building entrance cross the vehicular driving surface they are required to be distinguished through the use of pavers, colored or scored concrete, or bricks, per UDC 11 -3A -19A.4. ® Provide details of the bike racks. ® Relocate the existing mailbox kiosk on the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the final plat the applicant shall coordinate with the Post Master and the HOA on an appropriate location for the mailbox kiosk. ® Construct a passive traffic calming design element (such as bulb -outs or chokers) on the west side of the banks drive-through area to deter vehicles from entering the drive-through area from the wrong direction. Kinsley — RZ, PFP, CUP and MDA PAGE 18 EXHIBIT A ® Sign and stripe the banks drive-through area one-way. The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. 1.2.3 With a future CZC and DES application submittal, the applicant must provide a landscape plan that complies with the landscape standards set forth in UDC 11-313-8C. 1.2.4 The applicant shall comply with standards for self-service uses listed in UDC 11-3A-16. 1.2.5 Development of this site shall substantially comply with the site plan and building elevations included in Exhibit A and the conditions of approval in this report. 1.2.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed uses and final site layout and building designs prior to submittal of a building permit application. 1.2.7 The proposed site layout and structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11-513-6F. 1.2.10 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.2.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.12 The hours of operation for the commercial development is restricted to the hours between 5 am and 12 am, seven days a week. Extended hours of operation may be requested through a conditional use permit in accord with UDC I1 -213-3A.4. 1.2.13 All signage for the property is subject to the standards set forth in UDC 11-31). 1.3 Preliminary/Final Plat - Site Specific Conditions of Approval 1.3.1 The preliminary/final plat shall be revised as follows: a. Direct lot access is prohibited to N. Ten Mile Road in accord with UDC 11-3A-3. The commercial development shall take access from W. Acarrea Lane and the right-in/right-out access to Pine Avenue if the Pine ^ me by Gut-,, Gets eil and A GPD b. Prior to signature on the final plat, the applicant shall provide a recorded reciprocal cross access agreement between the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. c. All commercial lots shall have a reciprocal pedestrian and vehicular ingress/egress as stated with plat note #4. d. Note #12: Include new DA instrument number. 1.3.2 The landscape plan, dated 09/25/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Kinsley — RZ, PFP, CUP and MDA PAGE 19 EXHIBIT A b. Construct all perimeter landscaping as proposed. The landscape plan shall be revised 10 days prior to the City Council hearing that depicts a continuous 25 -foot wide landscape buffer along the entire Ten Mile frontage. The landscape buffers adjacent to Ten Mile Road and Pine Avenue must be installed prior to occupancy of the first structure. c. 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. d. Any existing landscaping near the construction zone must remain protected. 1.3.3 Comply with all ACHD conditions of approval. 1.3.4 Prior to issuance of a building permit for the commercial lots, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application and record the final plat. The proposed development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the C -C zoning district listed in UDC Table 11-2B-2. 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 11-313-6 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 -3B -5J. 1.4.6 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3C -6B for the commercial lots. 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 11-313-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.5.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.5.3 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. 1.5.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.5.5 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. Kinsley — RZ, PFP, CUP and MDA PAGE 20 EXHIBIT A 1.5.6 All common open space shall be maintained by an owner's association as set forth in UDC 1 I - 3G -3F1. 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 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.6.3 The preliminary and final plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.6.4 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Pine Avenue frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 2.1.2 Applicant shall be responsible for the physical abandonment, per Meridian Public Works Department standards, of all unused sewer and water services that were previously installed to provide service to the subject site as part of the Soimnersby Subdivision. Existing services being utilized shall be located on each individual lot so that service lines do not need to cross from one lot to another. 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. Kinsley — RZ, PFP, CUP and MDA PAGE 21 EXHIBIT A 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. 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 11-12-314. 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. Kinsley — RZ, PFP, CUP and MDA PAGE 22 EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department opposes any access to N. Ten Mile Road. 4. FIRE DEPARTMENT 4.1 Final Approval of the fie hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4 '/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 1/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. Kinsley — RZ, PFP, CUP and MDA PAGE 23 EXHIBIT A 4.3 Provide signage ("No Parking Fire Lane") for all fie lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 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. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 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 fi•onting the property, as set forth in International Fire Code Section 505.1. 4.8 There shall be a fire hydrant within 100' of all fire departinent connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.9 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9. 4.10 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.11 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.12 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The Fire Department opposes the access to Ten Mile Road. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) 7.1 Site Specific Conditions of Approval 7.1 Construct a 30 -foot wide curb return driveway on Pine Avenue located 270 -feet east of Ten Mile Road. Pave the driveway its frill width and at least 30 -feet into the site. 7.2 Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat. 7.3 Direct lot access to Pine Avenue is restricted to one right-in/right-out access and shall be noted on the final plat. Kinsley — RZ, PFP, CUP and MDA PAGE 24 EXHIBIT A 7.4 Correct deficiencies or replace deteriorated facilities along Pine Avenue and Ten Mile Road abutting the site. Included are sidewalk replacement, curb and gutter replacement, reconstruction of pedestrian ramps, etc. 7.5 Payment of impacts fees are due prior to issuance of a building permit. 7.6 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 ACHD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACRD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACRD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two frill business days prior to breaking ground within ACRD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans, 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACED. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACRD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACRD Commission. Kinsley — RZ, PFP, CUP and MDA PAGE 25 EXHIBIT A C. Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone the subject property to the C -C zoning district consistent with the MU -C land use designation for this site. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed snap amendment to the C -C zoning district and is generally consistent with the purpose statement of the district. 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 considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-513-3.F). Not applicable. 2. PRELIMINARY/FINAL 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 and proposed 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 providers.) Kinsley — RZ, PFP, CUP and MDA PAGE 26 EXHIBIT A 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 considers 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 or environmental problems associated with the development of this property. ACRD considers road safety issues in their analysis. The Council considered all public testimony that was 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 considers 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. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision -malting body shall make the following findings: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the subject property is large enough to accommodate the proposed bank and retail uses and comply with the development regulations of the C -C district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU -C for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Kinsley — RZ, PFP, CUP and MDA PAGE 27 EXHIBIT A d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the proposed use will be served adequately by all of the public facilities and services as applicable. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing any improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Kinsley — RZ, PFP, CUP and MDA PAGE 28 STAFF REPORT HEARING DATE: TO: FROM: SUBJECT: EXHIBIT A October 7, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 C.�VI E IDR IA1V;� Bruce Freckleton, Development Services Manager 208-887-2211 Kinsley — RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, D.L. Evans Bank, has applied for the following: 1) a rezone (RZ) of approximately 3.42 acres from the L -O (Limited Office) and R-15 (Medium High-density Residential) zoning districts to the C -C (Community Business) zoning district; 2) a combined preliminary/final plat (PFP) consisting of three (3) commercial building lots on approximately 2.61 acres of land in a proposed C -C zoning district; 3) a conditional use permit (CUP) for a drive-through establishment within 300 feet of a residential district and extended hours of operation; and 4) a development agreement modification (MDA) to exclude the property from the recorded development agreements and enter into a new one. See Section VII, VIII & IX for more information. IL SUMMARY RECOMMENDATION Staff recommends approval of the proposed RZ, PFP, CUP and MDA applications with the conditions of approval in Exhibit B based on the Findings of Fact and Conclusions of Law in Exhibit C. The Meridian Planning and Zoning Commission heard these items on September 4, 2014. At the public hearing, the Commission voted to recommend approval of the subject RZ, PFP and CUP requests. a. Summary of Commission Public Hearing: i. In favor: Jason Densmer ii. In opposition: None W. Commenting: None iv. Written testimony: Tamara Thompson v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: L None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. Right-in/right-out only access to Pine Avenue. ACHDsupports the proposed access op int• Kinsley — RZ, PFP, CUP and MDA PAGE 1 EXHIBIT A The Meridian City Council heard these items on October 7, 2014. At the public hearing. the Council approved the subject RZ. PFP. CUP and MDA request. .a, Summary of City Council Public Hearing: i. In favor: Tamara Thompson ii. In opposition: —No ne iii. Commenting: Jessica Aguilar m Written testimony: Tamara Thompson y,. Staff presenting application: Bill Parsons YL Other staff commenting on application: None b. Key Issues of Discussion by Council: i Hours of operation. fl. Timing for the clean-up of the property. c Key Council Changes to Staff/Commission Recommendation L Condition 1.3.1a was modified to allow the right-jn/richt-out access to Ten Mile Road per City Council's and ACHD's approval. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers RZ-14- 003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of October 7, 2014, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 as presented in the staff report for the hearing date of October 7, 2014, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Numbers RZ-14-003, PFP-14-001, CUP -14-002 and MDA -14-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The subject property is located on the northeast corner of N. Ten Mile Road and W. Pine Avenue, in the NW '/4 of Section 11, Township 3 North, Range 1 West. (Parcel #S1211233735) B. Applicant/Owner: D.L. Evans Bank 2560 E. Fairview Avenue Meridian, Idaho 83642 C. Representative: Tamara Thompson, The Land Group Inc. 462 E. Shore Drive Eagle, Idaho 83616 D. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject applications are for a rezone, combined preliminary/final plat, conditional use permit Kinsley — RZ, PFP, CUP and MDA PAGE 2 EXHIBIT A 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: March 31, and April 14, 2014 (Commission); September 15, and 29, 2014 (Council) C. Radius notices mailed to properties within 300 feet on: March 20, 2014 (Commission); September 11, 2014 (Council) D. Applicant posted notice on site by: April 7, 2014 and Reposted on August 22, 2014 (Commission); September 25, 2014 (Council) VI. LAND USE A. Existing Land Use(s): The property is currently vacant commercial and residential property, zoned L -O and R-15. B. Character of Surrounding Area and Adjacent Land Use and Zoning: North: Residential subdivision, zoned R-15 South: Vacant commercial property, zoned C -C East: Multi -family development, zoned R-15 West: Vacant and developed residential properties, zoned R-15 and R-8 C. History of Previous Actions: ® In 2000, the property received annexation, preliminary plat and conditional use permit approval (AZ -00-006, PP -00-005 and CUP -00-014) for Valeri Heights Subdivision. Due to a number of factors, the Valeri Heights project was never constructed. A development agreement was required with the annexation of the property (instrument #100103906). ® In 2004, the City Council approved a new preliminary plat (PP -04-035), conditional use permit (CUP -04-040) and development agreement modification (MI -04-011) for Sommersby Subdivision. As part of the Sommersby DA modification, the Valeri Heights DA was terminated and replaced with a new DA which recorded as instrument #105184653. ® In 2005 and 2006, the City approved two phases of the Sommersby Subdivision (FP -05-071 and FP -06-024) which has developed with a mix of single family detached homes, townhomes and multi -family. ® In 2008, the property received final plat approval of the third phase (FP -08-020) and an amendment to the recorded DA recorded as instrument #108101151. The applicant failed to obtain signature on the plat therefore the plat has expired. D. Utilities: 1. Location of sewer: Sanitary sewer mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 2. Location of water: Water mains intended to provide service to the subject site was installed as part of the Sommersby Subdivision. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: No major facilities exist on this property. 2. Hazards: NA Kinsley — RZ, PFP, CUP and MDA PAGE 3 EXHIBIT A Flood Plain: This property is not within the flood plain. VII. COMPREHENSIVE PLAN ANALYSIS This property is designated "Mixed Use Community" on the Comprehensive Plan Future Land Use Map. The requested rezone to the C -C zoning district is consistent with the MU -C land use designation. The purpose of this land use designation is to allocate areas where community -serving uses and dwellings are integrated into the urban fabric. The intent is to integrate a variety of uses, including residential, and to avoid mainly single -use and strip commercial type buildings. The vacant property was always intended for a mixed use development and was planned with the multi -family development to east. This is the last remaining vacant property approved under the planned development to develop with the commercial uses to serve the area. Because the site is developing in the context of a mixed-use development, staff finds the proposed uses (bank and retail) are consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): 1. "Require all commercial development and industrial businesses to install and maintain landscaping." (2.07.03B) A 25 foot wide landscape buffer is required adjacent to W. Pine Avenue and N. Ten Mile Road; a 10 foot landscape ba ffer is required adjacent to the private streets in accord with UDC 11 -3B - 7C. 2. "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) CioJ services are readily available to serve the proposed commercial development. 3. `Encourage infill development in vacant/undeveloped areas within the City over fringe area development to halt the outward progression of urban development." (5.01.02B) The proposed development is an infill project consistent with this objective. 4. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) The applicant is proposing right-in/right-out only access from Pine Avenue and a northern access to TV. Acarrea consistent with the UDC. 5. "Plan for a variety of commercial and retail opportunities within the Area of City Impact." (3.05.01J) This area ofMeridian lacks many cornrnercial services including the financial institution and retail uses. When the Sormnersby project ryas approved, it Inas envisioned that office uses would accompany the residential uses. Now that the Ten Mile Interchange is completed, N. Ten Mile Road is transitioning into a major 1170bilioJ corridor facilitating the need to provide neighborhood f °iendly commercial arses in the area. Given the scale and bulk of the proposed commercial development, staff is of the opinion that the proposed services will complement the existing residential uses in the area and provide various corrunercial opportrmities that are currently lacking in the area. 6. "Protect existing residential properties from incompatible land use development on adjacent parcels." (3.06,01F) The properly has ahvays been contemplated for commercial uses and the original concept plan integrated the office uses with the multi family uses. The applicant is proposing more intense Kinsley — RZ, PFP, CUP and MDA PAGE 4 EXHIBIT A connnercial uses however the connnercial buildings are oriented away from the multi family buildings and separated by parking and landscaping. Staff believes there is adequate transitioning between the proposed connnercial development and the existing multi family development. 7. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontage/backage roads." (3.03.02N) The applicant is seeking approval for a right-inh'ight-ozrt access to Pine Avenue. Staff is supportive of the Pine Avenue access. The UDC restricts access to arterial streets tivhen local street access is provided. A northern access to W. Acarrea is proposed consistent with the UDC. Based on the above analysis, staff is supportive of the proposed development as it is generally consistent with the comprehensive plan. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone(s): BUSINESS COMMUNITY DISTRICT (C -C) - The purpose of the Commercial Districts is to provide for the retail and service needs of the community in accord with the Meridian Comprehensive Plan. Six Districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways. B. Schedule of Use: Table 11-213-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the C -C zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2B-3 for the C -C zoning district. D. Landscaping: ® Street buffer landscaping shall be installed in accordance with the standards listed in UDC Tablell-2B-3 and UDC 11 -3B -7C for the C -C zoning district. ® Parking lot landscaping: All parking lot landscaping shall comply with the standards listed in UDC 11 -3B -8C. E. Off -Street Parking: Off-street parking is required in accord with UDC 11 -3C -6B for the proposed commercial lots. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: REZONE (RZ) AND DEVELOPMENT AGREEMENT MODIFICATION (MDA): The applicant is proposing to rezone the property from the L -O and R-15 zoning districts to the C -C zoning district to develop the site with a bank and two (2) retail pad sites consistent with the proposed FLUM designation of MU -C. The proposed concept plan depicts three (3) building footprints ranging in size between 4,200 square feet and 6,000 square feet, the proposed accesses, the parking and associated landscape improvements. A concurrent conditional use permit was also submitted to establish a drive- through for the proposed bank site (Lot 1, Block 1). The other drive-through depicted on Lot 2, Block I is not approved and will require the approval of a conditional use permit to establish the use. In general, staff is supportive of the proposed concept plan. Kinsley — RZ, PFP, CUP and MDA PAGE 5 EXHIBIT A Under the existing zoning (L -O and R-15), the proposed retail and drive-through uses and extended hours are not allowed. The recorded development agreement also restricts the property from developing with any drive-through uses. Although the applicant has submitted a viable concept plan, the only development proposed for the site is the bank and associated drive- through. The other two pad sites are speculative at this time. Because the proposed commercial development abuts a residential district, specific development plans are not proposed for Lots 2 and 3, Block 1 and transitional zoning is not proposed, staff is recommending restricting specific uses from developing on the property. In order to develop the property as proposed, the applicant has submitted a concurrent development agreement modification to exclude the property from the recorded development agreements and enter into a new one. Staffs recommended DA provisions are provided in Exhibit B. PRELIDIINARY/FINAL PLAT (PFP): The proposed plat consists of three (3) commercial lots on approximately 2.61 acres of land in a proposed C -C zoning district. The three (3) commercial lots range in size between 29,136 square feet and 51,818 square feet respectively. The UDC does not have a minimum lot size standard for the commercial development and the required landscape buffers meet the dimensional standards of the UDC as noted below. Access: UDC 11-3A-3 requires the commercial development to take access from the internal private streets as contemplated with the Sommersby project. The applicant is seeking a Council waiver for a right-in/right-out access point to W. Pine Avenue and no access is proposed to N. Ten Mile Road. Staff supports the right-in/right-out access to W. Pine Avenue because it is currently restricted with a center median. Over the last several months, the applicant has been coordinating with the Sommersby HOA for a northern access to W.Acarrea Lane. The revised plan in Exhibit A.6 depicts the northern access and the removal of the Ten Mile access. Currently, the landscape and the preliminary plat still show a Ten Mile Road access, however conditions are provided in Exhibit B prohibiting access to Ten Mile Road. Prior to signature on the final plat, the applicant must provide a recorded reciprocal cross access agreement between the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. Since the proposed commercial development has limited access to the adjacent arterial streets, a note on the submitted plat states all commercial lots within the development have a reciprocal pedestrian and vehicular cross access easement. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.5. The landscape plan depicts the required 25 -foot wide landscape buffer adjacent to W. Pine Avenue and N. Ten Mile Road. The street buffer landscaping complies with the standards in accord with UDC 11 -3B -7C however; the plan should be revised that includes a continuous 25 - foot wide landscape buffer along the entire Ten Mile frontage., The 25 -foot wide landscape buffer between the commercial and residential uses is not required along the north and east boundary because the existing uses are separated from the proposed commercial development by private streets. Therefore, the landscape buffers on the submitted plan comply with the dimensional standards of the UDC. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation Kinsley — RZ, PFP, CUP and MDA PAGE 6 EXHIBIT A 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. Sidewalk: Currently, 7 -foot wide attached sidewalks are constructed on W. Pine Avenue and N. Ten Mile Road installed with the widening of Ten Mile Road and the reconstruction of the intersection. Staff is not recommending the removal of the new sidewalks with the proposed commercial development. CUP: With the development of Lot 1, Block 1 the applicant is proposing to construct a 4,750 square foot bank with associated drive-through. The UDC requires a conditional use permit if drive-through establishments are within 300 feet of a residential district subject to specific use standards listed below. Although the submitted site plan depicts two (2) drive-through uses staff is only analyzing the bank drive-through as part of the subject application. Any other future drive-through use must obtain approval of another conditional use permit. The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. Drive-through Establishment: Per UDC 11-4-3-11, the following specific use standards apply to the proposed drive-through uses as follows: A. All establishments providing drive-through service shall identify the stacking lane, speaker location, and window location on the plans submitted with the Certificate of Zoning Compliance (CZC) application. The speaker locations and window locations are not shown on the submitted site plan. These items must be included on the revised plans submitted lvith the CZC application. Further, financial institutions usually provide self-service facilities (ATA4) for their patrons. The submitted site plan does not depict the location o f one. If an ATM is proposed, the site plan needs to be revised to indicate the location of the ATM machine which must comply with the self-service standards outlined in UDC 11-3A- 16. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The design of the drive-through for the bank (southern pad site) provides three (3) drive-through lanes and an exit lane to allow for the stacking of vehicle and provide adequate site circulation. C. The stacking lane shall be a separate lane from the circulation lanes needed for access and parking. The drive-through stacking lanes are separate from the circulation lanes needed for access and parking in accord tivith this requirement. D. The stacking lane shall not be located within ten feet (10') of any residential district or existing residence. NA (The proposed stacking lanes are not within 10 feet of a residential district or residence) E. Any stacking lane greater than one hundred feet (100') in length shall provide for an escape lane. The applicant has provided the required escape lane. Site Plan: Staff has reviewed the submitted site plan and requires the necessary revisions prior to the submission of the certificate of zoning compliance (CZC) application for each of the pad sites. 1) Provide a bike rack detail. 2) Pedestrian walkways must be provided from the perimeter sidewalks to the main building entrances and distinguish the walkways from the vehicular driving surface through the use of pavers, colored or scored concrete, or bricks, per UDC 11 -3A -19A.4. 3) Relocate the existing mail kiosk on the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the final plat the Kinsley — RZ, PFP, CUP and MDA PAGE 7 EXHIBIT A applicant should coordinate with the Post Master and the HOA on an appropriate location for the mail kiosk. 4) Construct a passive traffic calming design element (such as bulb -outs or chokers) on the west side of the banks drive-through area to deter vehicles from entering the bank drive- through from the wrong direction. 5) Sign and stripe the banks drive-through area one-way. Parking: Based on the overall square footage (s.£) of the three (3) buildings, approximately 14,950 s.£, a minimum of 30 vehicle parking spaces are required to be provided on the site. A total of 87 parking stalls are proposed, consistent with UDC requirements. Based on the number of vehicle parking stalls provided (87), a bicycle rack capable of holding a minimum of three (3) bicycles is required to be provided per UDC 11 -3C -6G in accord with the standards listed in UDC 11 -3C -5C. With future CZC submittal, each building on the site will responsible for provided a bike rack for each of the proposed pad sites in accord with this requirement. Landscaping: Parking lot landscaping is required to comply with the standards listed in UDC 11- 3B -8C. The landscaping shown on the plan substantially complies with these standards. With the submittal of the CZC application, all parking lot landscaping must comply with the landscape standards set forth in UDC 11 -3B -8C. Lighting: Outdoor lighting is required to comply with the standards listed in UDC 11-3A-11. If any fixtures are proposed that have a maximum output of 1,800 lumens or more, a photometric report is required to be submitted with the Certificate of Zoning Compliance application. Hours of Operation: The UDC (11 -2B -3A.4) restricts hours of operation on the site when abutting a residential district to the hours between 6 am and 11 pm in a C -C zoning district. However, extended hours of operation may be extended through the conditional use process. As part of the application submittal the applicant is seeking approval for extended hours of operation. In the submitted narrative the applicant is proposing the future businesses be limited to the hours of operation between 5 am and 12 am; 7 days a week. Since the commercial development to the south was approved with similar hours of operation, staff is supportive of the proposed hours of operation. Building Elevations: The applicant has submitted sample elevations of the bank and a rendering of a retail building. Staff is of the opinion that both renderings are consistent with the design standards set forth in UDC 11-3A-19. Certificate of Zoning Compliance (CZC) and Design Review (DES): A CZC and DES application is required to be submitted prior to issuance of building permits for the commercial development. The applicant must comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. Summary: In summary, staff finds the proposed project complies with the applicable policies of the Comprehensive plan and is conditioned to comply with the applicable development standards in the UDC. Based on the aforementioned analysis, staff recommends approval of the subject application. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Legal Description & Exhibit Map of Rezone Area Kinsley — RZ, PFP, CUP and MDA PAGE 8 EXHIBIT A 3. Proposed Preliminary Plat (dated: 03/04/14) 4. Proposed Final Plat (dated: 02/26/14) 5. Proposed Landscape Plan (dated: 09/25/14) (REVISED) 6. Proposed CUP Site Plan (dated: 09/25/14) (REVISED) 7. Proposed Building Elevations B. Conditions of Approval C. Required Findings from Unified Development Code Kinsley— RZ, PFP, CUP and MDA PAGE 9 Exhibit A.1: Vicinity Map limTnnTAitID R-4 RI Print Date: 4/8/2014 EXHIBIT A 0 0.15 0.3 Miles The Information shown on this map Is compiled from various sources and is subject to constant revision. The City of Meridian makes no warranty or guarantee as to the f content, accuracy, tlmelinoss, or Completeness of any of the data provided, and assumes no legal responsibaity for the informaGan contained on this map. i OJ OffEN!�-- Kinsley — RZ, PFP, CUP and MDA PAGE 10 EXHIBIT A Exhibit A.2: Legal Description & Exhibit Map of Rezone Area January 7, 2014 Project No. 113116 Rezone Description Kinsley Subdivision 3.42 Acres TIM, LAND GROUP, INC:. Exhibit "A" Page 1 of 1 A tract of land situated in the Southwest One Quarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, described as follows; BEGINNING at the West One Quarter Comer of said Section 11, thence following the westerly line of said Section 11, North 0°00'06" West a distance of 528.30 feet; Thence leaving said westerly line, North 89°59'20" East a distance of 193,99 feet; Thence South 0°00'40" East a distance of 34.00 feet; Thence North 89°59'20" East a distance of 81.00 feet; Thence South 0°00'40" East a distance of 323,37 feet; Thence South 89°59'20" West a distance of 3,00 feet; Thence South 0°22'56" West a distance of 50.50 feet; Thence South 89°37'04" East a distance of 55.12 feet; Thence South 0°26'08" West a distance of 122.37 feet to the southerly line of the said Southwest One Quarter of the Northwest one Quarter of Section 11; Thence following said southerly line, North 89°36'16" West a distance of 325.91 feet to the POINT OF BEGINNING. The above-described tract of land contains 3,42 acres more or less, subject to all existing easements and rights-of-way. Attached hereto Is Exhibit "B" and by this reference Is made a part hereof. Prepared By: THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 ) • -;C20IN t% �� - � � '�'.. � ,IlrelanAerourrinc,con7 Kinsley — RZ, PFP, CUP and MDA PAGE I I EXHIBIT A I / N89°59'20°E 193.99' W Acarrera Ln, SO°00'401 N89°59'20'E 34.00' 81.00 � I M 3 J " Rezone AreaSommersby ' o 3 ' Subdivision No. 2 ,42 Acres± �P m z J J S89°59'2o"W ' I 3.0 L 50.50 S970 3 _—. I—�— �, 55.12' I i i; 'JJ ,i� ,'•" o ra I ' ~ p6 LANA Pine Ave. ' tion s N89°30'10'W 325.91' W 1/4 CORNER a 14216 2 SECTION 11 WP �9rF Of \�R GAEL & 1•'7• zviy Rezone F' ®� ®®a THE LAND GROUP alone° ar°j<1ku: 1 Pfa G6swrc y r� 0- ®,Ag 1h'COMPATED Exhibit r� 462 W Exhibit a, Su2a 100 am°a f fagm,Ndwax2 fturr 2D8.93A4Pi1• Fax 2P3.A>4.44a5 Kinsiey Subdivision Rezone Exhibit Idaho Kinsley — RZ, PFP, CUP and MDA PAGE 12 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 03/04/14) 4 0eeelopmml Conl.do } � s I cmt xvnuewr ua�urxr,mg I I i I �.I a cu wEca a+asr xa. cci. � iamm@@n8 I i 8uA61risrpn Nat � � I •�"'�"' qh is � fr \ I --------------c m m r'2 n a IIII:: s I 8 i I n o LOT i 82.660 SF g R 1 p f9d86 SF ; 0.7S SC ': I _.. I 7 OAT AC - pr fifi r _�1 _ F .- i 1 f'If' I tl v��a wafwca.v,.amcn auuoce.u�wua W u n - i € N Ten Mik M 3 y Preilminary Plat pp y Kinsley — RZ, PFP, CUP and MDA PAGE 13 EXHIBIT A Exhibit AA Proposed Final Plat (dated: 02/26/14) KINSLEY SUBDIVISION Situated Ina porton of the Southwest 1/4, of the Northwest 1/4 of Section 11, Township 3 North, Range I West, D.M. Qty of Meridian, Me County Idaho N` CIIVINiUIG(uW!FVl[[ I Fl Cemfm Nolen "cm,m5w � Iecmqm No. 2 N, Bluffwood Ln. (Private) Ik Eta I, IA— 11,11 -4 MIT - (D BLOCK 1 I— — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — N. Ten Mile Rd THE LAND GROUP fdY — —1 .— —1 10 Kinsley — RZ, PFP, CUP and MDA PAGE 14 EXHIBIT A Exhibit A.5: Proposed Landscape Plan (dated: 09/25/14) (REVISED) Kinsley— RZ, PFP, CUP and MDA Preliminary Plat Landscape Notes Wee fee Notea Project Caloulatlons; r �• �. i= legend nr:.,,wd [Acy. at,4gq � rre. «ea Pr�O tr %.1 Deo M.$ Trae Planting PAGE 15 1.00 rT .��.�rPr �•ir— — �_ r __ _ Kinsley— RZ, PFP, CUP and MDA Preliminary Plat Landscape Notes Wee fee Notea Project Caloulatlons; r �• �. i= legend nr:.,,wd [Acy. at,4gq � rre. «ea Pr�O tr %.1 Deo M.$ Trae Planting PAGE 15 1.00 EXHIBIT A Exhibit A.6: Proposed CUP Site Plan (dated: 09/25/14) (REVISED) pVFxfn RiRCfd:l/➢.4AKFV1AtNF t .Df, i ><1[d EY1+E£0. fAM1"AlSfAYIpRCt JM'FiNi � 1 I � y 1' ! M � k la eGnSte� a01u R I _ ,. ,.. r .r c.rax:•'.w�tc+xirtv'e+.•ai�a::•r--: 4 t �G 13 - a :, c '•'-'^' i a SII➢CaiGulaOons; Conditional Use Permit • Site Plan Kinsley — RZ, PFP, CUP and MDA PAGE 16 1 yaa rr a =a o in iC c C.5 10.14 88118.11 Exhibit A.7: Proposed Building Elevations Kinsley — RZ, PFP, CUP and MDA PAGE 17 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1.1 A new development agreement (DA) replacing the existing DA's is required as part of the project approval. Prior to the rezone ordinance approval, a new DA shall be entered into between the City of Meridian, the property owner(s) and the developer at the time of rezone ordinance adoption. A CZC application will not be accepted nor will the final plat receive signature until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting the rezone. The DA shall, at minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the site plan, landscape plan and bank elevations in Exhibit A. b. Future development of Lots 2 and 3, Block 1 shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. c. Development of the subject property shall comply with the C -C standards listed in UDC 11- 2.-3. The uses allowed pursuant to this agreement are those uses allowed in the C -C zoning district listed in UDC Table 11-2B-2 except for the following: animal care facility, dispatch center for mobile services, drinking establishments, minor vehicle repair, equipment rental, sales and service, wireless communication facility and vehicle sales and rentals. d. Any future drive-through use on the site (Lots 2 or 3, Block 1) shall comply with the specific use standards set forth in UDC 11-4-3-11. e. All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.2 Conditional Use Permit 1.2.1 The applicant shall comply with the Specific Use Standards for drive-through establishments and financial institutions listed in UDC 11-4-3-11 and UDC 11-4-3-17. ® With a future CZC submittal for the southern pad site (Lot 1, Block 1), the applicant must include the speaker locations, teller window and ATM location on the revised plan. 1.2.2 The site plan, prepared by The Land Group Inc., dated 09/25/14, is approved, with the conditions listed herein. The applicant shall revise the site plan as follows: ® Where the pedestrian walkways from the perimeter sidewalks to the mails building entrance cross the vehicular driving surface they are required to be distinguished through the use of pavers, colored or scored concrete, or bricks, per UDC 11 -3A -19A.4. a Provide details of the bike racks. ® Relocate the existing mailbox kiosk on the west side of the northern access to a more internal location within the Sommersby development. Prior to signature on the final plat the applicant shall coordinate with the Post Master and the HOA on an appropriate location for the mailbox kiosk. ® Construct a passive traffic calming design element (such as bulb -outs or chokers) on the west side of the banks drive-through area to deter vehicles from entering the drive-through area from the wrong direction. Kinsley— RZ, PFP, CUP and MDA PAGE 18 EXHIBIT A ® Sign and stripe the banks drive-through area one-way. ® The drive-through use shown on Lot 2, Block 1 is not approved with the subject application. 1.2.3 With a future CZC and DES application submittal, the applicant must provide a landscape plan that complies with the landscape standards set forth in UDC 11 -3B -8C. 1.2.4 The applicant shall comply with standards for self-service uses listed in UDC I 1-3A-16. 1.2.5 Development of this site shall substantially comply with the site plan and building elevations included in Exhibit A and the conditions of approval in this report. 1.2.6 The applicant is required to submit a Certificate of Zoning Compliance (CZC) and Administrative Design Review (DES) application to the Planning Division for approval of the proposed uses and final site layout and building designs prior to submittal of a building permit application. 1.2.7 The proposed site layout and structures are required to comply with the design standards listed in UDC 1 I -3A-19 and the guidelines contained in the Meridian Design Manual. 1.2.8 Staff's failure to cite specific ordinance provisions or terms of the approved conditional use does not relieve the applicant of responsibility for compliance. 1.2.9 The applicant shall have a maximum of two (2) years to commence the drive-through use as permitted in accord with the conditions of approval listed above. If the use has not begun within two (2) years of approval, a new conditional use permit must be obtained prior to operation or a time extension must be requested in accord with UDC 11 -5B -6F. 1.2.10 The applicant shall complete all required improvements prior to issuance of a Certificate of Occupancy. It is unlawful to use or occupy any building or structure until the Building Official has issued a Certificate of Occupancy. 1.2.11 The applicant shall comply with the outdoor lighting standards shown in UDC 11-3A-11. 1.2.12 The hours of operation for the commercial development is restricted to the hours between 5 am and 12 am, seven days a week. Extended hours of operation may be requested through a conditional use permit in accord with UDC 11-213-3A.4. 1.2.13 All signage for the property is subject to the standards set forth in UDC 11-31). 1.3 Preliminary/Final Plat - Site Specific Conditions of Approval 1.3.1 The preliminary/final plat shall be revised as follows: a. Direct lot access is prohibited to N. Ten Mile Road in accord with UDC 11-3A-3. The commercial development shall take access from W. Acarrea Lane and the right-in/right-out access to Pine Avenue if the Pineaecessi+ ,r r Cit •l ,, n rur� b. Prior to signature on the final plat, the applicant shall provide a recorded reciprocal cross access agreement between the multi -family development and the proposed commercial development for the right to connect/access W. Acarrea Lane. c. All commercial lots shall have a reciprocal pedestrian and vehicular ingress/egress as stated with plat note #4. d. Note 412: Include new DA instrument number. 1.3.2 The landscape plan, dated 09/25/14 shall be revised as follows: a. All fencing shall be installed in accordance with UDC 11-3A-7. Kinsley — RZ, PFP, CUP and MDA PAGE 19 EXHIBIT A b. Construct all perimeter landscaping as proposed. The landscape plan shall be revised 10 days prior to the City Council hearing that depicts a continuous 25 -foot wide landscape buffer along the entire Ten Mile frontage. The landscape buffers adjacent to Ten Mile Road and Pine Avenue must be installed prior to occupancy of the first structure. c. 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. d. Any existing landscaping near the construction zone must remain protected 1.3.3 Comply with all ACHD conditions of approval. 1.3.4 Prior to issuance of a building permit for the commercial lots, the applicant shall obtain approval of a Certificate of Zoning Compliance and Design Review application and record the final plat. The proposed development shall comply with the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. 1.3.5 Staff's failure to cite specific ordinance provisions does not relieve the applicant of responsibility for compliance. 1.4 General Conditions of Approval 1.4.1 Comply with all bulk, use, and development standards of the C -C zoning district listed in UDC Table 11-213-2. 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 11-313-6 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 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.4.7 Construct all off-street parking areas consistent with the standards as set forth in UDC 11 -3C -6B for the commercial lots. 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 I1 -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. 1.5.2 The project is subject to all current City of Meridian ordinances and previous conditions of approval associated with this site. 1.5.3 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. 1.5.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.5.5 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 1 I - 3A -3. Kinsley — RZ, PFP, CUP and MDA PAGE 20 EXHIBIT A 1.5.6 All common open space shall be maintained by an owner's association as set forth in UDC 11- 3 G -3F 1. 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 11 -5C -3B. A surety agreement may be accepted for other improvements in accord with UDC 11 -5C -3C. 1.6.3 The preliminary and final plat approval shall be mull and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years; or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.6.4 Prior to submittal for the City Engineer's signature, have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The City of Meridian owns and operates a reclaimed water system along the South Ten Mile and West Pine Avenue frontages of this parcel. Applicant shall coordinate with the Public Works Department on the possible connection to this system for the provision of landscape irrigation water. 2.1.2 Applicant shall be responsible for the physical abandonment, per Meridian Public Works Department standards, of all unused sewer and water services that were previously installed to provide service to the subject site as part of the Sommersby Subdivision. Existing services being utilized shall be located on each individual lot so that service lines do not need to cross from one lot to another. 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. Kinsley — RZ, PFP, CUP and MDA PAGE 21 EXHIBIT A 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 I1 -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 amotmt of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. Kinsley — RZ, PFP, CUP and MDA PAGE 22 EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or 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 sheet lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department opposes any access to N. Ten Mile Road. 4. FIRE DEPARTMENT 4.1 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/2" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f. Fire hydrants shall be placed 18" above finished grade to the center of the 4 '/2" outlets. g. Fire hydrants shall be provided to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.2 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. Kinsley — RZ, PFP, CUP and MDA PAGE 23 EXHIBIT A 4.3 Provide signage ("No Parking Fire Lane") for all fire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4 Ensure that all yet undeveloped parcels are maintained free of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.5 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. 4.6 Operational fire hydrants, temporary or permanent street signs, and access roads with an all weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 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. 4.8 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the hitemational Fire Code 10-4-2L. 4.9 The Fire Department will require Knoxbox Fire Department Comiection caps on all FDC inlets. IFC 102.9. 4.10 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.11 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.12 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.13 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.14 The Fire Department opposes the access to Ten Mile Road. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments related to this application. 6. PARKS DEPARTMENT 6.1 The Parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (COMMENTS FORTHCOMING) 7.1 Site Specific Conditions of Approval 7.1 Construct a 30 -foot wide curb return driveway on Pine Avenue located 270 -feet east of Ten Mile Road. Pave the driveway its full width and at least 30 -feet into the site. 7.2 Direct lot access to Ten Mile Road is prohibited and shall be noted on the final plat. 7.3 Direct lot access to Pine Avenue is restricted to one right-in/right-out access and shall be noted on the final plat. Kinsley— RZ, PFP, CUP and MDA PAGE 24 EXHIBIT A 7.4 Correct deficiencies or replace deteriorated facilities along Pine Avenue and Ten Mile Road abutting the site. Included are sidewalk replacement, curb and gutter replacement, reconstruction of pedestrian ramps, etc. 7.5 Payment of impacts fees are due prior to issuance of a building permit. 7.6 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 ACHD right-of-way. 7.2.2 Private sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. Kinsley — RZ, PFP, CUP and MDA PAGE 25 EXHIBIT A C. Required Findings from Unified Development Code 1. REZONE FINDINGS: Upon recommendation from the Commission, the Council shall make a frill investigation and shall, at the public hearing, review the application. In order to grant the rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to rezone the subject property to the C -C zoning district consistent with the MU -C land use designation for this site. Therefore, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the C -C zoning district and is generally consistent with the purpose statement of the district. 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 considers any oral or written testimony that may be provided when determining this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation (as applicable) is in the best of interest of the City (UDC 11-513-3.E). Not applicable. 2. PRELIMINARY/FINAL PLAT FINDINGS: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision -malting 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 and proposed 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 inforinatl on. 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 providers.) Kinsley — RZ, PFP, CUP and MDA PAGE 26 EXHIBIT A 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 fiends. d. There is public financial capability of supporting services for the proposed development; The Council considers 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 or enviromnental problems associated with the development of this property. ACRD considers road safety issues in their analysis. The Council considered all public testimony that was 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 considers 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. CONDITIONAL USE PERMIT FINDINGS: In consideration of a conditional use permit, the decision-making body shall make the following findings: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The Council finds that the subject property is large enough to accommodate the proposed bank and retail uses and comply with the development regulations of the C -C district (see Analysis Section IX for more information). b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The Council finds that the proposed use is consistent and harmonious with the UDC and Comprehensive Plan Future Land Use Map designation of MU -C for this site. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use of the property should be compatible with other uses in the general neighborhood and with the existing and intended character of the area. Kinsley — RZ, PFP, CUP and MDA PAGE 27 EXHIBIT A d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The Council finds that if the applicant complies with the conditions outlined in this report, the proposed use will not adversely affect other properties in the area. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The Council finds that the proposed use will be served adequately by all of the public facilities and services as applicable. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. If approved, the applicant will be financing anIy improvements required for development. The Council finds there will not be excessive additional requirements at public cost and that the proposed use will not be detrimental to the community's economic welfare. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The Council finds the proposed use will generate additional traffic in the area but should not involve activities that will be detrimental to any persons, property or the general welfare of the area. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The Council finds that there should not be any health, safety or environmental problems associated with the proposed use. Further, the Council finds that the proposed use will not result in the destruction, loss or damage of any natural, scenic or historic feature of major importance. Kinsley— RZ, PFP, CUP and MDA PAGE 28 illi 111 ill • • • D:. October1 JOINTPROJECT NUMBER: ITEM TITLE: POWERS AGREEMENT HISTORYDISCUSSION ACCEM Joint Powers Agreement History Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Jaycee Holman From: Robert Simison Sent: Thursday, September 25, 2014 12:39 PM To: Bill Nary; Ted Baird; Tammy de Weerd Cc: Jaycee Holman Subject: FW: ACCEM Joint Powers Agreement Adoption Attachments: ACCEM Joint Powers Agrmt -Final 091114.pdf; ACCEM Executive Council Bylaws 091114.pdf; ACCEM ExCouncil TAG bylaws clean 091114.pdf; ACCEM ByLaws for LEPC 091114.pdf Follow Up Flag: Follow up Flag Status: Flagged Here is a request regarding another JPA that is being asked to be approved. Is this something that Council may also want an update/report on before considering? From: Doug Hardman [mailto:dhardman@adaweb.net] Sent: Thursday, September 25, 2014 10:39 AM To: jfranden@achdidaho.org; mjaurena@achdidaho.org; jreynolds@cityofeagle.org; jevans@gardencityidaho.org; ehiggins@gardencityidaho.org; MayorNelson@cityofkuna.com; joestear@live.com; Keith Bird; Tammy de Weerd; tmcdaniel@staridaho.org; nmitchell@staridaho.org Cc: David Case; Rick Yzaguirre; Jim Tibbs; sworkman@achdidaho.org; Larry Maneely; Sue Axtman; tgordon@cityofeagle.org; tosborn@cityofeagle.org; econner@gardencityidaho.org; brenda@cityofkuna.com; Peggy Gardner; Robert Simison; cward@staridaho.org Subject: ACCEM Joint Powers Agreement Adoption Executive Council Members: Attached please find a copy of the ACCEM Joint Powers Agreement (JPA) and By-laws for the ACCEM Executive Council, ACCEM TAG and Ada County LEPC. All four documents were approved/adopted by the ACCEM Executive Council at the September 8, 2014 meeting. REQUEST: The next step is for the Joint Powers Agreement to be formally adopted by each city council and ACHD commission, and allow the chief elected official to sign the original document. Please place a Resolution to Adopt the JPA on your next open business meeting agenda. After the JPA has been adopted, contact me and I will make arrangements to deliver the original JPA to the Mayor/President for signature. Once I have all the signatures I will make a copy for all members. I believe the by-laws can be adopted by the ACCEM Executive Council pursuant to the JPA and do not require any specific action by the city council/commission, but that should be confirmed with your legal staff. Please contact me if you have questions or I can assist in any way. Douglas R. Hardman, Director Ada County Emergency Management � 7200 Barrister Dr., Boise, ID 83704 fi (208) 577-4750 office (208) 577-4759 fax Email: dhardman@adaweb.net Visit its online at http://www.accem.org/ C�� 0 DATE: October • • [kiwi ISM 14 �.l 01,111 orlll 0- -� Annual Lakeview Golf Course Update MEETING WOTES Community Item/Presentations Presenter Contact Info./Notes , DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT 7-,Q� INITIALS MEETING WOTES Community Item/Presentations Presenter Contact Info./Notes , DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor de Weerd October 28, 2014 Meridian City Council Subject: Lakeview Golf Course Lease Fact 1: 2005 — 2011 Golf Course Capitol Improvement projects included rebuilding greens 1, 4, 6, and 7. This was done and they are in good shape. Fact 2: The original lease called for a six year plan to be updated annually and "if operator is in compliance with the Capitol Improvement Plan the $6000 per rent would be excused." Fact 3: On April 13, 2010 Raven Golf Services (Jerry Breaux) was hired to manage the.golf course. Dick Davis from Boise Ranch Golf Course left the partnership. At this time several major pieces of maintenance equipment was sold. Fact 4: Capitol Improvement Projects for 2011-2012 consisted of building new cart paths. This was done with donations of over $12,000 from local golfers and $6,000 from the City of Meridian. NO expense to speak of for the Lessee. Asphalt was donated from ACHD to the City and transferred to the Golf Course. Fact 5: Capitol Improvement projects for 2012 — 2013 consisted of the planting of 120 (+ or -) trees donated from Jakers Nursery to the City and transferred to the Golf Course. They were then planted by local Boy Scouts as a merit badge project. There again at little or no expense to the lessee. Fact 5: Capitol Improvement projects for 2013 — 2014 consisted of extending the cart path behind the 7t" green. This was done with the left over asphalt from ACHD and was needed to comply with the City of Meridian Code regarding driving on walkways. Fact 6: Lease page 4 paragraph E3 "Install and maintain, at Lessee"s expense, all equipment necessary to operate a food and beverage service." Fact 7: Lease page 5 paragraph H 1 "Lessee shall, at Lessee's expense, keep and maintain the premises and all buildings, structures, improvements, fixtures, trade fixtures, equipment and utility systems which may now or hereafter exist thereon, in good, operable, useable and sanitary order and repaired in good, safe condition, ordinary wear and tear excepted, throughout the term of this Agreement." Fact 8: Lease page 3 paragraph 4 "BASIC SERVICE OBLIGATIONS" paragraph B. "Lessee shall provide a fleet of power driven golf cars ****" Fact 9: Lease page 11 paragraph L. " Lessee at its own expense shall provide and install all appliances, furniture, fixtures, equipment, door locks and padlocks that are required for the operation of the leased premises." Fact 10: Lease page 17 paragraph F4 (Transfers of Partnerships) "Consent to any such transfer shall be refused, if the City finds that the transferee is lacking in experience and/or financial ability to render and provide services for the operation of the golf course." With the exit of Dick Davis and then Raven Golf there is a lack of golf course experience by OAAS/LANEY Ilc. Fact 11: However you want to say it Golf Cars ****, batteries, maintenance equipment, kitchen equipment are not in compliance with the Golf Course Capitol Improvement plan. Rebuilding of tee boxes, greens, and even lakes would be a Capitol Improvement. BOTTOM LINE OAAS LANEY SHOULD PAY THE $6000.00 RENT FOR 2014... A n 4 W. Teter St. Meidian, Idaho 83646 Jacy Jones Crom: Rachel Myers ;ent: Thursday, October 16, 2014 11:33 AM To: Jacy Jones Cc: Mike Barton Subject: FW: Lakeview Golf Course Concerns Jacy Below is Ty Gabby's concerns who would like to give a public testimony at next Tuesday's City Council meeting immediately following Erik Oaas' update concerning Golf Course Operations. Mr. Gabby will represent his group and would like 15 minutes to speak. The Mayor is already aware of Mr. Gabby's concerns and requested that he provide a verbal testimony next week. Will this email suffice for his request? Thank you, Rachel yers Administrative Assistant II Meridian Parks & Recreation 33 E. Broadway Avenue, Suite 206 Meridian, ID 83642 P: 208/888-3579 F: 208/898-5501 feridian Parks & Recreation Website kVe_idiatt Parks_& Recrecatlon._ori Facebook From: Mike Barton Sent: Thursday, October 16, 2014 11:18 AM To: Rachel Myers Cc: Ty Gabby (tyg@dahlingerinsurance.com); Steve Siddoway Subject: FW: Lakeview Golf Course Concerns Rachel, Will you please forward this letter to the Clerk and at the Mayors request 15 min on next week's Council agenda for Mr. Gabby to speak? I think I have the process correct or we can add it per agenda manager, whatever they prefer. Thank you, Mike From: Ty Gabby[mailto:tyg@dahlingerinsurance.com] Sent: Thursday, October 16, 2014 11:00 AM To: Mike Barton Subject: Lakeview Golf Course Concerns Mayor Tammy and Meridian City Council, i speak for a group of concerned citizens that live on or play the Lakeview Golf Course. We are very concerned about the running of and management of Lakeview Golf Course. 1 Of these concerns, one or our major concern is that the Lakeview Meridian Investors LLC has been allowed to run the golf course without having to pay the city there annual $6000.00 lease fee. This was to offset this by making leasehold improvements to the golf course and buildings. Many of these "improvements" have been donations or money raised i )y the men's and women's golf associations. The list of these improvements is as follows. o The enclosure around the Port -a -potty between hole 4 and 5. This was donated by "The Crew" in October of 2012 o Driving Range mats were donated by John Wallace o Trees were donated by Jayker Wholesale Nursery and planted with the help of the Ore -Ida Boy Scouts. o Bar stools in the restaurant were purchased by pass holders that raised money for them. o Gravel was donated by the Highway Dept. for the cart paths. o The bridge on hole 15 was rebuilt and installed by Guy Webster and Wes Prouty 0 4 Ceiling Fans were purchased and installed by home owners Arne and Helen Farnham o Fountain on #8 was purchased by the home owners Why should these be used as leasehold improvements when either the materials or time was donated? Can furniture and fixtures even be considered leasehold improvements? As homeowners we make capital improvements to our residence's every year, we would enjoy not having to pay our mortgage payments every year. When the previous owner took over the golf course, he re -did the greens on hole number 1 and 6, which are great, but since that time no course improvements have been completed. Lakeview has also taken credit for course improvements when they should have been operating expenses, examples of this, golf cart batteries, mower repairs, and the patio furniture that was bought on clearance but was reported as retail price. As taxpayers we should be able to see the receipts for all the "work" that has been done. • A significant number of homeowners that live on the course use our own sprinklers and or fertilizer to irrigate the fairways and keep the weeds in check. Granted, we are not asked to do this but to have a green fairway that isn't full of weeds we feel that we need to do this. • The homeowners that live on the golf course were sent a letter that we are not allowed to step foot on the course if we are not playing golf. Some homeowners weed eat around areas that are technically on the golf course grounds. This wouldn't get done if not for the homeowners. As far as the management of golf course personnel, several key positions have changed in a short amount of time. 3 Golf Professionals: John Wallace, Chris Byrne and Ryan Roll 2 Restaurant Managers: Ryan Picard and Karissa Bain 1 Asst. operations manager: Tami Fleming The restaurant should be doing an incredible job, we don't have another sit down restaurant for miles, but it seems like there isn't consistent hours. A public golf course should be a place that allows families to get the younger generation involved in golf and keep them interested in playing. They have done away with many programs that will bring kids out to the golf course. They had a family pass that was a great deal for families, you paid a certain flat fee for the summer and then when you played again it was another flat fee after a certain time at night. I have a 11 year old son that plays but he isn't going to play all 9 holes every time, he might play 5 or 6 but with them doing away with this program it is now less expensive to go to another course to play and that is including the fuel it is to get there. The Meridian High School used to play and practice on the course, but management seems to think it is a burden for them to play here. They have limited the use -if range balls and time to play on the course so now they play at Boise Ranch. The bottom line is we live on this golf course for a reason, either we like to play golf and having a course this close is a huge benefit or we like to look out our windows and see this fairway that is, or should be, green most of the year. The management is making it very difficult for homeowners to enjoy the benefit of living on the golf course. This really should be a thriving golf course in Meridian, but that doesn't seem to be the case. A number of people are going to other courses to play golf because of this. i hank you so much for your time and opportunity to voice our concerns. Ty Gabby Dahlinger it Co Insurance 208 861-3040 Cell 208 466-4694 Office 208 467-2008 Fax Please check out and "like" my new Facebook pagel https://www.facebook.com/TyGabbylnsurance 6 Oct 20th, 2014 To: Meridian Mayor and City Council. From: Ken Marler, Homeowner on Lakeview Golf Course and Business Owner of Express Cafe Dear Ladies and Gentlemen, I understand today Oct 21St, 2014 you are doing an annual review of the Lakeview Golf course. I also know that you may be presented with some opposition regarding the operation of the golf course. As a homeowner living on the golf course for 15 years, avid golfer, and handicap chairman for the men's association, I can say without a doubt that the course is in the best shape it has ever been. The golf course has had the fortune of keeping the same grounds crew and they continue to improve the course every year. Our greens are the some of the best in the valley and even with the challenges of the questionable soil and watering systems, our fairways they remain very playable. The clubhouse has a very respectable restaurant (only a handful of golf courses offer what we are offered) and the lounge is comfortable and ran well. The prices in the restaurant and lounge are very competitive and fair. Overall a great deal for the area. Eric Oaas and Steve Laney continue to work on the management side of the course. There are actually three different businesses involved here. The golf course, the restaurant and the lounge. And although they are somewhat new at these, they are continuing to learn more and more about each aspect each year. Are all the decisions they make ones that I would make? No, not necessarily. But no one is the same and everyone has their own ideas on how things should be handled. They have listened to the comments and complaints from the members and have been to several of our men's association events. I believe that some of the criticism you may receive will be coming from those who find changes challenging or do not understand how other courses handle their season passes, clubhouse credit and such. I have even heard concerns about the year round pass prices for 2015. As of today the prices not been released so it is hard to say what they will be or how they will be structured. I would be very surprised if the condition of the course comes into the conversation. But if it does I would be glad to furnish you several names and numbers that agree with me, regarding the condition of the course. In conclusion I just want to say that in my opinion the course and clubhouse continues to improve every year. Is it perfect? Probably not. But if there is one thing I have learned in business is that you are always working to improve and grow. There is no perfect. Mistakes will be made and life goes on. If I may answer any questions or I can offer any more insight, I will be happy to. Sincerely, Ken Marler 2390 N Crooked Creek Ln Meridian, ID 83646 208-870-6464 Lakeview Golf Course 2074 Proaress ReDort Meridian City Council Presentation October 21, 2014 Operations Update • Lakeview Meridian Investors, LLC continues as the lessor; Oaas Laney are its sole members. • Letter of "Good Standing" rom City of Meridian. • Golf Industry Remains Flat Nationwide — Lakeview showing a slight uptick due to the excellent course condition and customer service focus _ • Management Personnel Director of Golf Operations and Food/Beverage Manager • Patrick Moad — Over 20 years experience in golf business Marketing Director and Office Manager • MarvClaire Norman — Over 10 years experience in golf business Ise Superintendent and Groundskeeper -.Rich Rush Maintenance In 2014 • All golf course maintenance performed per plan • Removal of dead trees near parking lot • Removal of tree #14 Fairway and trim -up the two nearby ($1500) • Remove tree near #1 Tee • Plant decorative grasses on dike (Driving Range) • Repair of multiple main line irrigation breaks • Concerted focus on weed control with new sprayer AkILWAWAh EV/' eallne-F el l iaRne Ak EV/' .a,ls. F <F cv� "TJ raTIV«rS] I ILIrS) I i Ri: r Capital Improvements 2014 • Purchase of 5 Additional Golf Carts • $13,000.00 — In process; not completed yet • Rebuild #8 Green $155000 — $255000 — In process; not completed yet • Purchase Toro Sprayer • $45000.00 - Completed • Purchase Kitchen Equipment • $25965.40 - Completed • Rebuild Cart Path on #7 Green $735.00 - Completed - Total Completed for 2014 $74700,00 Current Challenges Irrigation system inadequacy continues to cause operational problems (overwater and dry spots); cost to replace estimated at $1,500,000 to',, $2,500,000 WE REMAIN HOPEFUL TO B I E _9 ABLE TO UTILIZE RECLAIMED WATER FROM THE CITY. WOULD HELP THE COURSE AND HELP THE CITY LET YOUR VOICE BE HEARD AT THE EPA PUBLI l�� '• HEARING! Current Opportunities • Loyalty of Lakeview GC golfers is incredible! ...And growing. — Mens' and Womens' Associations remain active and involved! " • Course maintenance is excellent; "Lakeview Golf Course Greens are equal to or better than all other courses in the Valley!" - Ken Marler, Owner - Express Cafe - Meridian Capital Improvements Plan 7 Years Proposed Projects: (Minimum of $6,000.00/yr) • Purchase/Lease Golf Carts $25,000.00 - Underway • Rework/Rebuild No. 8 Green $5,000.00 - Underway • Rework/Refurbish No. 9 Green $5,000.00 • Relocate /Rebuild Main Putting Green $15,000.00 • Bunker renovation $5,000.00 • Cart path replacement $8,000.00 - Underway Landscaping projects $10,000.00 - Underway Lakeview Golf Course ��►�; corn. Questions/Comments? • Lakeview Golf Course, its patrons, employees, contractors, suppliers owners Thank You for your Contin support of this wonderful communi Steve Laney and Erik Oaas and ued ,, ty asset! DOctober ITEM TITLE: Items Moved From Consent Agenda WEETIVC-%.,VOTES 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: October 1 I1 • Public Hearing: TEC 14-006 Jericho by Viper Investments, LLC Located West Side of N. Jericho Road and South of Chinden Boulevard Request: One (1) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's Signature on a Final Plat WEETIVIG 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: October _ 2014 ITEM NUMBER: • PROJECT l 14-002 PRESCHOOLITEM TITLE: POLARIS Continued from October 7, 2014: Public Hearing: AP 14-002 Polaris Pre -School at Fairview Lakes by Fairview Lakes, LLC Located 950 E. Fairview Avenue Request: City Council Review of the Planning and Zoning Commission's Decision on CUP 14-010 (Condition #1.4d) Pertaining to the Parking Lot Design t Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS October 21, 2014 I 9A PROJECT ITEM TITLE: PUBLIC WORKS DISCUSSION Public Works: Discussion of Subgrant Agreement with Idaho Department of Environmental Quality (IDEA) and Authorization for Staff to Sign the Agreement Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba DATE: October 21, 2014 TO: Mayor Tammy de Weerd Members of the City Council FROM: Mollie Mangerich, Environmental Division "Or RE: Subgrant Agreement with Idaho Department of Environmental Quality (IDEA) for receipt of $23,000 for development of Wastewater Interpretive Center I. RECOMMENDED ACTION A. Move to: 1. Approve the City to enter into a Subgrant Agreement with the Idaho Department of Idaho Quality (IDEQ) for the purpose of receiving a $23,000 grant; 2. Authorize Public Works staff to sign the Subgrant Agreement, 11. DEPARTMENT CONTACT PERSONS Mollie Mangerich, Environmental Division Manager 489-0397 David Allison, Staff Engineer 489-0370 III. DESCRIPTION A. Background The City of Meridian Public Works Department requested and received a $23,000 grant from the IDEQ to assist in funding the design and constriction of two source water protection educational elements at the Interpretive Center at the City's Wastewater Resource and Recovery Facility, B. Proposed Request The City of Meridian Legal Department has reviewed and approved the IDEQ Subgrant Agreement. The grant funding will assist in the development and Environmental Division 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0351 Fax 2.08-898-9551 ® www.meridiancity.org [Recipient] Page 2 construction of a drinking water well interpretive display and an aquifer cross-section display. The term of the Agreement expires 12/31/2015. IV. IMPACT A. Strategic Impact: The interpretive displays identify and demonstrate Meridian's adherence to protective well drilling standards, illustrate Meridian's local aquifer as our sole source of drinking water and simulate how groundwater contamination is detrimental to water supplies not only because of its potential public and environmental health effects. B. Service/Delivery Impact: Through education and partnerships Meridian is working to elevate, promote and raise awareness of the value of water and wastewater services with the public. C. Fiscal Impact: This is a budget neutral Subgrant Agreement with IDEQ Total Grant Funding $23,000 V. LIST OF ATTACHMENTS A. IDEQ Subgrant Agreement Approved for Council Ag a: ��%�z Al Date DEQ Subgrant Agreement Subgrant# 5526 This Subgrant Agreement is entered into by the State of Idaho, Department of Environmental Quality, hereinafter referred to as the DEPARTMENT, and City of Meridian - Public Works Department hereinafter referred to as the SUBGRANTEE. Tax Identification # 826000225 00 DUNS Number: 028451367 MBE(WBE Status: NA Subgrant Effective Date 10/1/2014 Subgrant Expiration Date 12/31/2015 Professional Liability Policy # Exempt Policy Expiration Date Check if Exempt/Government Agency Worker's Compensation Policy # Exempt Policy Expiration Date If exempt from Worker's Compensation, note the reason: Government Agency Check if Worker's Compensation paid by DEQ C SIF Class Code WITNESSETH: The DEPARTMENT enters into this Subgrant Agreement pursuant to authority granted to it in Title 39, Chapter 1, Idaho Code. The SUBGRANTEE agrees to undertake performance of this agreement under the terms and conditions set forth herein. The SUBGRANTEE agrees to provide, and the State agrees to accept the services detailed in this agreement and generally described as follows: Design and construction of two interpretive displays for the wastewater treatment facility. 1) A well construction display. 2) An aquifer cross section display. See Appendix A for work plan and budget. Method of Procurement Government Agency RFP Number The following Riders and Appendices are checked if applicable and are incorporated by reference and made a part of this agreement: ❑ Rider A Workers Comp ❑ Rider D Ownership of Info ❑ Rider G Tribal Sovereignty ❑ Rider B Uabilily Ins ❑ Rider E Single Audit Act ❑ Rider H Superfund Fiscal Options ❑ RiderC Grievance Procedure ❑ Rider F State Sovereignty © Appendix A Work Plan © Appendix B Billing Procedure Fiscal Codes PID: WEPD OBS: 0502 CA: 82634 SubGrant Amount $23,000.00 1] Appendix C Additional Provisions ❑ Appendix D Subgrant Report Schedule SubObject: 7410 Grants/Contracts Officer Certification: Cameron Craven Subgrant Approved By: Dave Sande, CPA, Financial Officer WP: OOONPR BE: 00 %:100 OOONPR OOONPR OOONPR Date: /6— Date: 6— Date: Agreement # 5526 Idaho Department of Environmental Quality Pagel of 2 Safe Drinking Water Act - Source Water Protection DEQ — City Meridian AGREEMENT This SUBGRANT AGREEMENT is hereby entered into by the IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY, hereinafter referred to as the "DEQ," and the CITY OF MERIDIAN - PUBLIC WORKS hereinafter referred to as the "SUBGRANTEE." WITNESSETH WHEREAS, the Elected Officials of the STATE OF IDAHO have designated the (DEQ) as the Administrative Entity for the preservation of Idaho's air, land, and water; and WHEREAS, the DEQ enters into this Agreement pursuant to authority granted to it in Title 39, Chapter 1, Idaho Code, and WHEREAS, the DEQ, through Section 1452 of the Federal Safe Drinking Water Act will make 123,000 available for the City of Meridians Interpretive Display project, subject to the provisions contained herein; and WHEREAS, the terms of this agreement include the Statement of Work, the Budget, Provisions and Assurances for Agreements under State of Idaho Rules and Regulations, as well as other documents affixed or referred to in this agreement. NOW, THEREFORE, the DEQ and SUBGRANTEE do mutually agree that the SUBGRANTEE shall perform the services set forth in the Statement of Work. Such services shall be performed in accordance with the agreed to provisions under State of Idaho Source Water Protection Grant Application Guidelines, provisions and assurances contained in Grant #FS -98003012-1 DWSRF Wellhead Protection, and the terms and conditions set forth in the Budget, Statement of Work, Additional Provisions, Billing Procedure, Provisions and Assurances, applicable Rules and Federal Regulations including OMB Circular A-102, 2 CFR Part 225, and OMB Circular A-133, and any other documents affixed or referred to in this agreement, all of which are incorporated by reference. Work performed under this agreement is funded in whole or in part with American Recovery & Reinvestment Act monies, and as such all laborers and mechanics employed by contractors and subcontractors in contracts valued over $2,000 must be paid no less than the prevailing wage rate and fringe benefits, as determined by the Secretary of Labor as specified in 29 CFR Subtitle A Part 5, for corresponding classes of laborers and mechanics employed in similar projects in the area. It is expected that the approved work plan will be followed in its entirety unless modifications or amendments are agreed to, and approved in writing by the DEPARTMENT. The SUBGRANTEE acknowledges and agrees that changes in legislation may require modification to this agreement both in program and funding, and that any such changes, which are necessary, shall be incorporated into this agreement. The SUBGRANTEE further agrees that the DEQ has the right to terminate this agreement if the SUBGRANTEE cannot comply with such changes, or meet the requirements originally outlined in the plan of work. The SUBGRANTEE acknowledges that all funding is contingent upon the availability of federal funds, the SUBGRANTEE,s ability to certify provision of required matching funds, and continued federal authorization of program activities. The SUBGRANTEE agrees that the DEQ has the right to terminate or otherwise modify this agreement if federal funding or authority is terminated or modified. This agreement will become effective the 1'` day of October 2014, and will continue until the 31" day of December 2015. In the event this agreement is not executed prior to the fust day of the effective period, the late execution shall provide retroactive approval for any expenditure authorized by the agreement and made prior to the date of execution. This Agreement and related attachments constitute the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written; negotiations; representations; commitments; and all other communications between the parties. The Agreement may not be released, discharged, changed, extended, modified, or assigned in whole or in part, and no claim for additional services not specifically provided herein will be allowed by the DEQ, except to the extent provided by an instrument in writing signed by a duly authorized representative of the SUBGRANTEE and the DEQ. Any Riders, Appendices, Attachments, and all other information attached to this Agreement serve to supplement the terms and conditions of this Agreement, and do not change or eliminate any provision of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement. Signature GRANTING ENTITY IDAHO DEPARTMENT OF ENVIRONMENTAL QUALTIY Financial Officer Title Date SUBGRANTEE CITY OF MERIDIAN -PUBLIC WORKS --w� 23 Signature Title Date APPENDIX A Source Water Protection Funding Proposal City of Meridian Public Works Department Project Name: Meridian Source Water Protection- Interpretive Displays Contact Information: a. Organization Name: City of Meridian Public Works Department b. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 c. Phone Number: 208-898-5500 d. Fax Number: 208-898-9551 e. Email Address: dallisonaa.meridiancity.org; Identification Numbers: a. Federal Tax ID #82-6000225 b. DUNS # 028-451- c. Liability Insurance Policy #33A02114100113 and Expiration Date: 10/1/14 (will update IDEQ when renewal is complete) d. Workers Comp Insurance Policy #36670 and Expiration Date: 12/31/14 Project Manager: a. Name: David Allison, P.E., Fund Administrator: Mollie Mangerich b. Job Title: Staff Engineer c. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 d. Phone Number: 208-898-5500 e. Email Address: dallison(@meridiancity.ora: mmangerich(a.meridiancity.or¢ Person with signature authority: a. Name: David Allison, P.E. b. Job Title: Staff Engineer c. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 d. Phone Number: 208-898-5500 f. Email Address:: dallison(dmeridiancitv.ore Project Background The City of Meridian Public Works Department requests $23,000 in funding to assist in the design and construction of two source water protection educational elements at the new Water Interpretive Center at the City's Wastewater Treatment Facility. Meridian's Water Interpretive Center is designed to target high school and college students, adults (ratepayers) in order to be complementary — and not in competition with - the popular Boise Watershed Environmental Education Center. Marketing will target instructors and students of science, technology, engineering and math courses. The value of an educational experience at the Interpretive Center and through our Facility tours is aligned with our Department's goals and initiatives. • Through education and partnerships Meridian is working to elevate, promote and attract talented individuals into the Public Works profession and to raise awareness of the value of water and wastewater services with the public. While people understand the need for safe drinking water and sanitation, our utilities are not often linked with a personal responsibility or desire to support these services. Effective communication about the role of Meridian's utilities creates a personal link between the infrastructure and our rate payers. This is critical for the success of Public Works projects. We are pleased to begin working to design and construct: (1) A well construction interpretive display model and (2) An aquifer cross-section interpretive display model Both installations will demonstrate how the City of Meridian prevents contamination of the source water that supplies our municipal drinking water system. Meridian recognizes that preventing contaminants from entering our public water supply greatly benefits our community by minimizing the pollutant problems that can occur in the aquifer. These may include increased health risks to our citizens, expanded drinking water monitoring requirements, additional water treatment requirements and expensive environmental cleanup activities. We believe our Source Water Protection Interpretive Elements will significantly aide us in our public education efforts. Work Plan Task One: Development and construction of a (wall mounted) well construction interpretive display model. The contractor will work with staff for input to the conceptual design of the well construction display model. Design will include a glass or acrylic display case. The model will • Identify and demonstrate Meridian's adherence to protective well drilling standards • Explain how test wells assist in determining best water quality via extensive sampling and monitoring through numerous aquifer depths • Include precise placement of casing, screen, filter packs and surface seals • Incorporate text describing key concepts of drilling a municipal supply well and source water protection components Task Two: Develop and construct a (wall Mounted) aquifer cross-section display model. The model will: • Illustrate Meridian's local aquifer as our sole source of drinking water • Demonstrate groundwater flow in both the shallow and deep aquifer systems • Simulate how groundwater contamination is detrimental to water supplies not only because of its potential health effects, but because the contamination itself ("plume") tends to migrate and spread throughout the aquifer, thereby impacting a larger volume of groundwater over time • Identify potential pollutant sources and threats to our water supply such as: o Background contaminants o Man-made groundwater contamination through accidental/deliberate release of chemicals (agriculture/industrial), leaky underground storage tanks, broken septic tanks, nitrate contamination (agriculture), cross — contamination of wells, illegal dumping, unlined landfill cells, etc. Identify pollution prevention behaviors and provide local resources for correct disposal of potentially hazardous materials Budget: The well construction interpretive display model will cost: $10,000. The cost to design and develop the aquifer display model is: $13,000. Meridian has identified SPF Water Engineering as the contractor to complete the work. Acknowledgement of funding will be provided either on the display or included with recognition to donors of the facility. Budget Category DeBuldons DEQ Funding Amount Personnel employee benefit compensation including insurance, workers compensation, retirement and other fringe benefit costs (does not include salaries which are included in personnel costs) Fringe Benefits traveling expenses including mileage, lodging, meals, etc. Travel Tangible items that have a useful life of more than one year or have a useful life beyond the project; including computers, copy machines, lab equipment, etc. Equipment Materials and items that will be used solely for the project and/or does not have a useful life beyond the project; including paper, office supplies, project materials (such as fencing materials), etc. Supplies other: Contractual $23,000 Other Total Direct $23,000 Total indirect Totals $23,000 Budget Category DeBuldons Personnel: salary and wages Fringe Benefits employee benefit compensation including insurance, workers compensation, retirement and other fringe benefit costs (does not include salaries which are included in personnel costs) Travel: traveling expenses including mileage, lodging, meals, etc. Equipment: Tangible items that have a useful life of more than one year or have a useful life beyond the project; including computers, copy machines, lab equipment, etc. Supplies: Materials and items that will be used solely for the project and/or does not have a useful life beyond the project; including paper, office supplies, project materials (such as fencing materials), etc. 1—Contraetual Cost for subcontracts other: Items not identified in any other budget category. Please list what your "other" expenses are in the budget narrative if you wish to use this budget line. Total Direct: I Total for the above budget items Total Indirect (overhead) is a percent of the costs to operate the office including rent, utilities, telephone, etc. and Imlirect: includes costs to administer the contract. Please identify the indirect rate in the budget narrative. SPF WATER ENGINEERING August 15, 2014 David Allison, City of Meridian Public Works Department 33 East Broadway Avenue, Suite 200 Meridian, ID 83642-2300 Sent via email to dallison0meridiancitv.oro Subject: Scope of Services — Well 29 Interpretive Models SPF Water Engineering, LLC (SPF) is pleased to provide the following scope of work and fee estimate for engineering and hydrogeologic services related to the design and construction of an aquifer cross-section interpretive display model and the design and construction of a well construction interpretive display model. BACKGROUND SPF understands that the City of Meridian (City) is interested in incorporating an aquifer cross-section interpretive display model, a well construction interpretive display model, and an informational well drilling video in the Water Resources section of the City's Wastewater Treatment Plant Interpretive Center. SCOPE OF WORK Per the City's request, SPF proposes the following work tasks. Task 1 — Aquifer Cross Section Interpretive Display Model SPF will design and construct an aquifer cross-section display model that describes to laypersons the City's primary source of drinking water, along with potential environmental threats to the water supply. The purpose of the display will be to educate the public regarding the local aquifer, with specific emphasis on water quality protection. SPF's scope of work will include the following subtasks. 1.1 Conceptual design of the aquifer cross-section display model based on input from the City. 1.2 Design and construction of the glass or acrylic display case. 300 E Mallard Ddxe, Suile 350, Boise, Idaho 03706 Tel 208-383-4140 Fax 200-383-4156 David Allison August 15, 2014 1.3 Construction of the aquifer cross-section interpretive display model including precise placement of well cuttings or supplemental geologic materials, items illustrating potential environmental hazards, and incorporation of text describing and discussing key concepts. Task 2 — Well Construction Interpretive Display Model SPF will design and construct a well construction interpretive display model that describes to laypersons how wells are designed and constructed. SPF's scope of work will include the following subtasks. 2.1 Conceptual design of the well construction interpretive display model based on input from the City. 2.2 Design and construction of the glass or acrylic display case. 2.3 Construction of the well construction interpretive display model; includes (1) precise placement of casing, screen, filter pack, and surface seal, and (2) incorporation of text describing and discussing key concepts. SCHEDULE SPF is ready to begin this project upon notice to proceed. This work will coincide with, and be constrained by, work associated with design and construction of Test Well 29. Tasks 1 and 2 will be completed within 90 days following construction of Test Well 29. COSTS SPF proposes to conduct this work on a time and materials basis, with a not -to -exceed upper limit of $23,500. This upper limit is based on costs of $13,300 for Task 1 and $10,200 for Task 2. Estimated labor hours and costs are provided in Table 1. We look forward to working with you on this project. Please call me if you have any questions. Respectfully submitted, SPF WATER ENGINEERING, LLC By Terry M. Scanlan, P.E., P.G. Manager Page 2 David Allison August 15, 2014 Taws 1 Cky of Meridien Well 29 InterpreWe Models • Cost E59nu to for CareuMng_S_emices _ SPF Water EnalneeA , LLC ieMl UM r eU rn Pr En beer F:Bpr TOW SOcoon4wtwe entl OInUCIw s Rergrle /w0en TA n B. (rgterle4, elc) i15) 5118 $5/ rk t •A1uiMr CraraecAan IUerynWe OMplry YptlU 1. CaeapMaltlglmlUtlrosmancrgasectbn tlaplty moOU bre0m hvn the Cly,ITNtlq $1,372 2 2 10 $1,311 s0 2 D"neMmpeluc ditgl macrysc MpMyere sox32 2 2 26 $2.832 $4000otactch"m 'ImAdow(l1AWF meUlgs ft ®0 Cmecuclpnartle:maeC=md c/Iermetlrapler mp6N; rclWr mepae pacemern MwYI cuRrq w cupplememtl pedrok metmbb, 8mnc ilkubetliq PmpntlaiwNnvmnenml Faade, sM ft pme dk# 6nprPk,p kaycmcans h,cq,tlr s $4251 1 4 W $%M $1.000 :MMrMIs:MaupgY ($500).WJW1epprare(SW TeeRt • Wetl C:gpuctlm haerpn W e DMplry Yp0e1 1. CgKapseltlrpnUme welcgebWtlan Otlelpratlw pry mWelbreo an hwn tlq $1,372 2 2 10 51,$72 M 2. 0ecen an cmaructlpn d$e plena mecry9c asplrycn: 50.18) 20 $1,690 52500 DYecl CNor: Metwbb (81,S]0F maHre Uopl$ty000 3. CaRbucllan UUewd eprolgtlon Mwwe5+O lipbym hClupn(1)Irab: pMemnml Urglro,apm.n, lam perk aU surec:sw. a'M(2) VtwperYo0 a W dncrba els dsmme kft wgasa. 30.5/1 s 1 3Q S3.fiB1 $1,000 : Mhaniss en0 algpes Pal). Sign shop pMea(SWO) suOfelY 811.136 5 / Y $6,636 Sf,600 TM&MURS 173 i U t/ 115 1 1 f1A00 TOTAL ESTIMATED COST I 123AN I CC10: ji $I'm s1;1w I $14as I $1Am Page 3 APPENDIX B - BILLING PROCEDURE City of Meridian, Public Works — Interpretive Display Models 1. The DEPARTMENT shall make available an amount up to, but not exceeding $23,000 for costs necessary for completion of the design and construction of two interpretive display models for public outreach at the Meridian Waste Water Treatment Facility as outlined in the appendices and attachments to this agreement. 2. The Department will disburse up to the full contract amount over the life of the agreement in accordance with work plan for project support. The CONTRACTOR shall submit invoices no more than monthly specifying the activities for which reimbursement is requested, and detailing costs associated with the request. Invoices must contain the contract number, and specify the time period during which the activity was performed. The billing invoice should be submitted to: Accounts Payable Fiscal Office Department of Environmental Quality 1410 North Hilton Boise, Idaho 83706-1255 3. Invoices should be submitted in a timely manner following the end of the final contract effective date. Invoices not received within SIXTY (60) days of the closing effective date of the contract will not be honored, and the balance of the funds for the agreement will be deobligated. Reference 5526 on all invoices. Appendix C Recipient Acknowledgement of OMB A-133 Requirements. The total grant funds disbursed per this Agreement are considered federal financial assistance per the Single Audit Act of 1984, as amended by the Single Audit Act Amendments of 1996 (SAA), 31 U.S.C. §§7501-7507. (2000). If Grantee expends more than $500,000 of any federal funds in a fiscal year, Grantee shall conduct an audit in accordance with the SAA. In such case, Grantee shall provide the Department a copy of the SAA audit within nine (9) months of the end of the audit period per the SAA. Grantee recognizes that it is responsible for determining if the $500,000 threshold is reached and if a SAA audit is required. Additionally, Grantee shall inform the Department, in writing, of findings or recommendations pertaining to Source Water Protection, contained in any SAA audits conducted by Grantee. Signature of Authorized Representative: Date 'o Z l 45 CFR Part 604 — New Restrictions on Lobbying CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans, and Cooperative Agreements The applicant certifies, to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the applicant, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the applicant shall complete and submit Standard FornrLLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The applicant shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under loans, and cooperative agreements) and that all subrecipients shall certify and disclosure accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, UPS Code. Any person who fails to file the required certification shall be subject to a civil penalty of noyless than $10,000 and not more than $100,000 for each such failure. Signature Title/Institute a � ° STAT[ OF IDAHO DEPARTMENT OF ��' ENVIRONMENTAL QUALITY o 1410 North Hilton •Boise, Idaho 63706 • (206) 373-0502 www,deq.ldaho.gov October 1, 2014 David Allison, Staff Engineer City of Meridian -Public Works Department 33 E. Broadway Ave. Meridian, Idaho 83642 RE: S526 Dear Mr. Allison; C.L. "Butch" Otter, Governor Curt Fransen, Director I have enclosed three copies of a Subgrant agreement between the City of Meridian and the Idaho Department of Environmental Quality. The purpose of the agreement is to provide funding for the design and construction of two source water interpretive display models for the City's wastewater treatment facility. If the agreement is acceptable to you, please sign and date each copy, and return two copies with original signatures to me. Please be sure to sign Appendix C as well. If you have any questions regarding the amendment, please contact Project Manager Amy Williams at (208) 373-0115 or Contract Officer Cameron Craven at (208) 3730222. Sincerely, ADave ;PA Sanc1 Financial Officer DS: CC cc: SF #5526 (1 cc S526) Amy Williams, DEQ (1 cc 5526) This Subgrant Agreement is entered into by the State of Idaho, Department of Environmental Quality, hereinafter referred to as the DEPARTMENT, and City of Meridian - Public Works Department hereinafter referred to as the SUBGRANTEE. Tax Identification # 826000225 00 DUNS Number: 028451367 E/WBE Status: NA Subgrant Effective Date 10/1/2014 Subgrant Expiration Date 12/31/2015 Professional Liability Policy # Exempt Policy Expiration Date Check if Exempt/Government Agency EV Worker's Compensation Policy # Exempt Policy Expiration Date If exempt from Worker's Compensation, note the reason: Government Agency Check if Worker's Compensation paid by DEQ CJ SIF Class Code WITNESSETH: The DEPARTMENT enters into this Subgrant Agreement pursuant to authority granted to it in Title 39, Chapter 1, Idaho Code, The SUBGRANTEE agrees to undertake performance of this agreement under the terns and conditions set forth herein. The SUBGRANTEE agrees to provide, and the State agrees to accept the services detailed in this agreement and generally described as follows: Design and construction of two interpretive displays for the wastewater treatment facility. 1) A well construction display. 2) An aquifer cross section display. See Appendix A for work plan and budget. Method of Procurement Government Agency RFP Number The following Riders and Appendices are checked if applicable and are incorporated by reference and made a part of this agreement: [ Rider A Woritces Comp (_J Rider D Ownership of Info Ll Rider G Tribal Sovereignty Rider B Liability Ins [::] Rider E Single Audit Act n Rider H Superfund ]Fiscal Options Rider C Grievance Procedure (� Riderl? State Sovereignty P/1 Appendix A Work Plan V Appendix C Additional Provisions ® Appendix B Billing Procedure C7 Appendix D Subgrant Report Schedule Fiscal Codes PID: WEPD ODS: 0502 CA: 82634 SubObject: 7410 WP: OOONPR BE: 00 %: 100 OOONPR OOONPR OOONPR SubGra nt Amount $23,000.00 Grants/Contracts Officer Certification: Cameron Craven Date: /6-2-11 Subgrant Approved By: Dave Sande, CPA, Financial Officer r Date: Agreement # S526 Idaho Department of Environmental Quality Page 1 of 2 DEQ — City Meridian AGREEMENT This SUBGRANT AGREEMENT is hereby entered into by the IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY, hereinafter referred to as the "DEQ," and the CITY OF MERIDIAN - PUBLIC WORKS hereinafter referred to as the "SUBGRANTEE." WITNESSETH WHEREAS, the Elected Officials of the STATE OF IDAHO have designated the (DEQ) as the Administrative Entity for the preservation of Idaho's air, land, and water; and WHEREAS, the DEQ enters into this Agreement pursuant to authority granted to it in Title 39, Chapter 1, Idaho Code, and WHEREAS, the DEQ, through Section 1452 of the Federal Safe Drinking Water Act will make $23,000 available for the City of Meridians Interpretive Display project, subject to the provisions contained herein; and WHEREAS, the terms of this agreement include the Statement of Work, the Budget, Provisions and Assurances for Agreements under State of Idaho Rules and Regulations, as well as other documents affixed or referred to in this agreement. NOW, THEREFORE, the DEQ and SUBGRANTEE do mutually agree that the SUBGRANTEE shall perform the services set forth in the Statement of Work, Such services shall be performed in accordance with the agreed to provisions under State of Idaho Source Water Protection Grant Application Guidelines, provisions and assurances contained in Grant #FS -98003012-1 DWSRF Wellhead Protection, and the terms and conditions set forth in the Budget, Statement of Work, Additional Provisions, Billing Procedure, Provisions and Assurances, applicable Rules and Federal Regulations including OMB Circular A-102, 2 CFR Part 225, and OMB Circular A-133, and any other documents affixed or referred to in this agreement, all of which are incorporated by reference. Work performed under this agreement is fimded in whole or in part with American Recovery & Reinvestment Act monies, and as such all laborers and mechanics employed by contractors and subcontractors in contracts valued over $2,000 must be paid no less than the prevailing wage rate and fringe benefits, as determined by the Secretary of Labor as specified in 29 CFR Subtitle A Part 5, for corresponding classes of laborers and mechanics employed in similar projects in the area. It is expected that the approved work plan will be followed in its entirety unless modifications or amendments are agreed to, and approved in writing by the DEPARTMENT, The SUBGRANTEE acknowledges and agrees that changes in legislation may require modification to this agreement both in program and funding, and that any such changes, which are necessary, shall be incorporated into this agreement. The SUBGRANTEE further agrees that the DEQ has the right to terminate this agreement if the SUBGRANTEE cannot comply with such changes, or meet the requirements originally outlined in the plan of work. The SUBGRANTEE acknowledges that all funding is contingent upon the availability of federal funds, the SUBGRANTEE,s ability to certify provision of required matching funds, and continued federal authorization of program activities. The SUBGRANTEE agrees that the DEQ has the right to terminate or otherwise modify this agreement if federal funding or authority is terminated or modified. This agreement will become effective the I" day of October 2014, and will continue until the 31" day of December 2015. In the event this agreement is not executed prior to the first day of the effective period, the late execution shall provide retroactive approval for any expenditure authorized by the agreement and made prior to the date of execution. This Agreement and related attachments constitute the entire agreement between the parties hereto and shall supersede all previous proposals, oral or written; negotiations; representations; commitments; and all other communications between the parties. The Agreement may not be released, discharged, changed, extended, modified, or assigned in whole or in part, and no claim for additional services not specifically provided herein will be allowed by the DEQ, except to the extent provided by an instrument in writing signed by a duly authorized representative of the SUBGRANTEE and the DEQ. Any Riders, Appendices, Attachments, and all other information attached to this Agreement serve to supplement the terms and conditions of this Agreement, and do not change or eliminate any provision of this Agreement. IN WITNESS WHEREOF, the parties have executed this agreement. Signature Signature GRANTING ENTITY IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY Financial Officer _ Title Date SUBGRANTEE CITY OF MERIDIAN -PUBLIC WORKS Title Date APPENDIX A Source Water Protection Funding Proposal City of Meridian Public Works Department Project Name: Meridian Source Water Protection- Interpretive Displays Contact Information: a. Organization Name: City of Meridian Public Works Department b. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 c. Phone Number: 208-898-5500 d. Fax Number: 208-898-9551 e. Email Address: dallison0e,meridiancity ; Identification Numbers: a. Federal Tax ID #82-6000225 b. DUNS # 028-451- c. Liability Insurance Policy #33A02114100113 and Expiration Date: 10/1/14 (will update IDEA when renewal is complete) d. Workers Comp Insurance Policy #36670 and Expiration Date: 12/31/14 Project Manager: a. Name: David Allison, P.E., Fund Administrator: Mollie Mangerich b. Job Title: Staff Engineer c. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 d. Phone Number: 208-898-5500 e. Email Address: dal.lison;ri;;meridiancity.org; mmangerich n"meridiancity_.org Person with signature authority: a. Name: David Allison, P.E. b. Job Title: Staff Engineer c. Address: 33 E. Broadway Avenue, Meridian, Idaho 83642 d. Phone Number: 208-898-5500 f. Email Address:: Ballsot cc mer7diancity%.,org Project Background The City of Meridian Public Works Department requests $23,000 in funding to assist in the design and construction of two source water protection educational elements at the new Water Interpretive Center at the City's Wastewater Treatment Facility. Meridian's Water Interpretive Center is designed to target high school and college students, adults (ratepayers) in order to be complementary — and not in competition with - the popular Boise Watershed Environmental Education Center. Marketing will target instructors and students of science, technology, engineering and math courses. The value of an educational experience at the Interpretive Center and through our Facility tours is aligned with our Department's goals and initiatives. Through education and partnerships Meridian is working to elevate, promote and attract talented individuals into the Public Works profession and to raise awareness of the value of water and wastewater services with the public. While people understand the need for safe drinking water and sanitation, our utilities are not often linked with a personal responsibility or desire to support these services. Effective communication about the role of Meridian's utilities creates a personal link between the infrastructure and our rate payers. This is critical for the success of Public Works projects. We are pleased to begin working to design and construct: (1) A well construction interpretive display model and (2) An aquifer cross-section interpretive display model Both installations will demonstrate how the City of Meridian prevents contamination of the source water that supplies our municipal drinking water system. Meridian recognizes that preventing contaminants fi•om entering our public water supply greatly benefits our community by minimizing the pollutant problems that can occur in the aquifer. These may include increased health risks to our citizens, expanded drinking water monitoring requirements, additional water treatment requirements and expensive environmental cleanup activities. We believe our Source Water Protection Interpretive Elements will significantly aide us in our public education efforts. Work Plan Task One: Development and construction of a (wall mounted) well construction interpretive display model. The contractor will work with staff for input to the conceptual design of the well construction display model. Design will include a glass or acrylic display case. The model will ® Identify and demonstrate Meridian's adherence to protective well drilling standards ® Explain how test wells assist in determining best water quality via extensive sampling and monitoring through numerous aquifer depths • Include precise placement of casing, screen, filter packs and surface seals ® Incorporate text describing key concepts of drilling a municipal supply well and source water protection components Task Two: Develop and construct a (wall Mounted) aquifer cross-section display model. The model will: ® Illustrate Meridian's local aquifer as our sole source of drinking water + Demonstrate groundwater flow in both the shallow and deep aquifer systems ® Simulate how groundwater contamination is detrimental to water supplies not only because of its potential health effects, but because the contamination itself ("plume") tends to migrate and spread throughout the aquifer, thereby impacting a larger volume of groundwater over time ® Identify potential pollutant sources and threats to our water supply such as: o Background contaminants o Man-made groundwater contamination through accidental/deliberate release of chemicals (agriculture/industrial), leaky underground storage tanks, broken septic tanks, nitrate contamination (agriculture), cross — contamination of wells, illegal dumping, unlined landfill cells, etc. Identify pollution prevention behaviors and provide local resources for correct disposal of potentially hazardous materials The well construction interpretive display model will cost: $10,000. The cost to design and develop the aquifer display model is: $13,000. Meridian has identified SPF Water Engineering as the contractor to complete the work. Acknowledgement of funding will be provided either on the display or included with recognition to donors of the facility. Budeet Cateeory Definitions Personnel: I salary and wages Fringe employee benefit compensation including insurance, workers compensation, retirement and other fringe benefit Benefits: costs (does not include salaries which are included in personnel costs) Travel: traveling expenses including mileage, lodging, meals, etc. Equipment: Tangible items that have a useful life of more than one year or have a useful life beyond the project; including computers, copy machines, lab equipment, etc. j Supplies. ( Matenais and items that will be used solely for the project and/or does not have a useful life beyond the project; including paper, office supplies, project materials (such as fencing materials), etc. Contractual: Cost for subcontracts Other: Items not identified in any other budget category. Please list what your "other" expenses are in the budget DEQ Funding Amount Personnel ._Fringe Benefits _ Travel Equipment Supplies Contractual $23,000 — Other Total Direct $23,000 Total indirect Totals $23,000 Budeet Cateeory Definitions Personnel: I salary and wages Fringe employee benefit compensation including insurance, workers compensation, retirement and other fringe benefit Benefits: costs (does not include salaries which are included in personnel costs) Travel: traveling expenses including mileage, lodging, meals, etc. Equipment: Tangible items that have a useful life of more than one year or have a useful life beyond the project; including computers, copy machines, lab equipment, etc. j Supplies. ( Matenais and items that will be used solely for the project and/or does not have a useful life beyond the project; including paper, office supplies, project materials (such as fencing materials), etc. Contractual: Cost for subcontracts Other: Items not identified in any other budget category. Please list what your "other" expenses are in the budget narrative if you wish to use this budget line. Total Direct: I Total for the above budget items Total Indirect (overhead) is a percent of the costs to operate the office including rent, utilities, telephone, etc. and Indirect: includes costs to administer the contract. Please identify the indirect rate in the budget narrative. • • r WORKSDATE: October 21, 2014 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: PUBLIC Public Works: Budget Amendment - IDEQ Source Water Protection Grant for a Not -to - Exceed Amount of $23,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes I 11� 11111 11 111 11 wco= • DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS DATE: October 14, 2014 TO: Mayor Tammy de Weerd Members of the City Council FROM: Mollie Mangerich, Enviromnental Division Man Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba RE: Budget Amendment for FYI in the amount of $23,000 for spending authority of IDEQ grant for development of Wastewater Interpretive Center I. RECOMMENDED ACTION A. Move to: 1. Approve the FY2015 Budget Amendment for $23,000; and 2. Authorize the Mayor to sign the Amendment. II. DEPARTMENT CONTACT PERSONS Mollie Mangerich, Environmental Division Manager 489-0397 David Allison, Staff Engineer 489-0370 III. DESCRIPTION A. Background The City of Meridian Public Works Department requested and received $23,000 from the Idaho Department of Environmental Quality to assist in funding the design and construction of two source water protection educational elements at the Interpretive Center at the City's Wastewater Resource and Recovery Facility. B. Proposed Project The grant funding will assist in the development and construction of a drinking water well interpretive display and an aquifer cross-section display. Environmental Division ® 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0351 Fax 208-898-9551 ® www.meridiancity.org C G C O � o E Q O. 3 � 4 � � o c O O. Q tD y� O O � � a S j (D O• c a o � N 3 , � o o. 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VF Vr V> Vf VT VT VF Ql ` \ n _s O O m m m m - Ql Ol 0 0 0 0 0 0 0 0 w w w w w w w w Ul (n - V1 (/� U'1 Cn U'I O O O O O O O O O O O O O O O O N N O C7 (D O O O O w N N N N Ln N W N N N N O A I--1 O O Ol O O fD m j S o M ° (D v O W 00 O W co O W 00 O W 00 LOU 00 O W 00 LOU W O W 00 w w w w w w w w m � rn n to GI N 0 O � W U0 fD Cal 3 T =I 0 YP a o � rn O 0 O � w v0+ C � o � rt o O � � N N H V> V} to V> (D O m O k # 7 O C, ro m o ID rD r3D m N m o T n O v m 3 3 a — `C 3 ® T (D fD Dl _I O C7 (D (D V 3 a 0. 5 9 (D v m V 0 in fD m j S o M ° (D v � 0 C. CD rt (7 � C C O T ® rn m � urti n to GI 0 � O fD Cal 3 T =I 0 YP a o � rn w 0 a w o rt o � N rt rD O (D O m 7• N UQ � -n rD rD v n ti KI) m ro m o r3D m m o n v m 3 3 a `C T (D fD Dl O C7 (D V 3 a 0. 5 -o W v in m j S o M ° 3 N v 'O 0 C. CD (7 C C O n n' GI 0 fD a o 0 0 YP a o rn w 0 a w o rt Q DATE: October PROJECT NUMBER: ITEW TITLE: CW'2,ISTW,4,S IV Parks Department: Christmas in Meridian Donation Discussion and Approval 1. Christmas in Meridian 2014 Sponsorship Agreement Between the City of Meridian and Connections Credit Union for a Not -to -Exceed Amount of $1,000.00 2. Christmas in Meridian 2014 Sponsorship Agreement Between Idaho Independent Bank and the City of Meridian for a Not -to -Exceed Amount of $500.00 3. Christmas in Meridian 2014 Sponsorship Agreement Between All American Insurance and the City of Meridian for Amount of $500.00 4. Christmas in Meridian 2014 Sponsorship Agreement Between Borton-Lakey Law and Policy and the City of Meridian for a Not -to -Exceed Amount of $2,000.00 Community Item/Presentations Presenter Contact Info./Notes W": IFIC-1yC�7 yl►%►W1[el1110 �1 DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS bh-'r'istmasin EKIDIAN (::�Vl CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT ("Agreement") is made on this ;A day of OCbe (, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Connections Credit Union, whose address is 10536 Emerald St., Boise, ID 83704 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2014 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on October 24`h, 2014, Sponsor shall prepay to one thousand dollars ($1,000.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Christmas in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2014, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE I of 5 respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Christmas in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e- mail message, addressed as follows: Sponsor: Aaron Fewkes aaron @ cuconnect.o City Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. 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. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative Signature Please Print Name CITY OF MERIDIAN: "TaIT1i7I} -de-Wm d M ukutct M A'Aet 6� CUo rc� 11 1 Title Ghb�-/ Date ATTEST: r City Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2014 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Winter Lights Parade Fireworks Presenting Sponsor For $1,000 you will receive: • Recognition in all media and in -event mentions as the Fireworks Presenting Sponsor for the Winter Lights Parade. Positioned as "Winter Lights Parade presented by [Overall Presenting Sponsor] with fireworks presented by [Business Name]." • The opportunity to submit one parade entry at no additional cost ($100 value). This entry will be the second official entry in the parade line-up (after the Overall Presenting Sponsor) and will include an illuminated walking banner identifying you as the parade's Fireworks Presenting Sponsor. Sponsor must provide banner carriers. All parade entry rules and regulations will apply to this entry. • Your logo with a link to your website on the Christmas in Meridian website recognized as the Fireworks Presenting Sponsor. • Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • Special recognition from the event emcee immediately following the fireworks display. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT ("Agreement") is made on this day of 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Independent Bank, whose address is 113 East Idaho Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2014 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on October 24, 2014, Sponsor shall prepay to five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Christmas in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2014, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 1 of 5 the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Christmas in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention. of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e- mail message, addressed as follows: Sponsor: Cassie Fontaine cassie.fontaine@iibk.net City Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. 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. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative Signature Please Print Name CITY OF MERIDIAN: 4 Title Date „,{f z ATTEST: �L 0 7 city of fn ty Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2014 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Downtown Business Decorating Contest • Recognition in all media as the Presenting Sponsor of the Downtown Business Decorating Contest. Positioned as "Downtown Business Decorating Contest presented by [Business Name]." • Your logo on all printed and online Downtown Business Decorating Contest materials including posters, contest applications, website articles, etc. Online logos will be linked back to your website. • Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • Special recognition from the emcee during the Winter Lights Parade when the winners of the contest are announced. • The "right of first refusal" to renew sponsorship for next year's event. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 ehristmas EKIDIAN C�Vl CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT ("Agreement") is made on this day of (fir .6, , 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and All American Insurance, whose address is 929 North Main Street, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2014 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on October 24, 2014, Sponsor shall prepay to five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Christmas in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2014, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 1 of 5 respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Christmas in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e- mail message, addressed as follows: Sponsor: Stephanie Barnes aaiservice @ allamericanins.net City Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. 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. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative Signature Please Print Name CITY OF MERIDIAN: BY:r_ z_tt'a 11 ILC. Pre,isrje_nT Title I()� I� ILLI Date ATTEST: City Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2014 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET • Recognition in all media as the Presenting Sponsor of the Children's Winterland Festival. Positioned as "Children's Winterland Festival presented by [Business Name]." • The opportunity to set up a booth and provide one of the activities for the event. • Your business logo on all printed and online Children's Winterland Festival materials including posters, booth applications, website articles, etc. Online logos will be linked back to your website. Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • The opportunity to hang one banner on the welcome table at the event entrance where all participants pick up their bags and drop off their food donation. Banner must be provided by sponsor. • The opportunity to insert one flyer no larger than 8.5"x11" into the bags that each participant receives at the event entrance. Bags are used to hold all the arts and crafts projects, wooden toys, etc the participants will make at the event. Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 (::�VOhristmasi, IERJDIAN CHRISTMAS IN MERIDIAN 2014 SPONSORSHIP AGREEMENT This CHRISTMAS IN.MERIDIAN 2014 SPONSORSHIP AGREEMENT ("Agreement") is made on t0is day of '�, 2014 ("Effective Date"), by and between the City of Meridian, a municipal corporation orga ized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Borton-Lakey Law & Policy, whose address is 141 Carlton Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2014 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on October 24th, 2014, Sponsor shall prepay to City Two Thousand Dollars ($2,000.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the Christmas in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2014 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2014, . unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2014 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE I of 5 the furtherance of the obligations described herein, Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name for purposes of advertising; marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from Christmas in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor isnot an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 Of 5 damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Sponsor's peiformance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 16. Iron -discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 21. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e- mail message, addressed as follows: Sponsor: Joe Borton joe@borton-lakey.com City: Colin Moss cmoss @meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. 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. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSO Authorized Representati Please Print Name CITY OF MERIDIAN: ti 3nii3 M-, T � 0/1&/L LC Title Date ATTEST: ty Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 Of 5 Exhibit A 2014 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET W I• f ® Recognition in all media as the Presenting Sponsor for Christmas in Meridian as a whole as well as the Winter Lights Parade, which is one of the events taking place under.the heading of Christmas in Meridian. Presenting sponsorships for the Downtown Business Decorating Contest and Children's Winterland Festival are sold separately. Positioned as "Christmas in Meridian presented by [Business Name]" and "Winter Lights Parade presented by [Business Name]." ® Your business logo on all printed and online Christmas in Meridian and Winter Lights Parade materials including event posters, parade applications, parade entry numbers, website articles, etc. Online logos will be linked back to your website. ® Your logo at the top and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. ® Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. ® The opportunity to submit one parade entry at no additional cost ($100 value). This entry will be the first official entry in the parade line-up, behind a banner identifying them as the parade's Presenting Sponsor. Sponsor must provide banner carriers. All parade entry rules and regulations will apply to this entry. ® Special recognition from the emcees as your parade entry passes by Generations Plaza. • The opportunity hang one banner no wider than eight feet on the Center Stage in Generations Plaza where the event emcees and judges will be stationed. • Twenty reserved tickets in special VIP seating area during parade, located next to the Center Stage. • The opportunity to have one representative on-stage with the event emcees and Santa Claus to be recognized just before Meridian's Christmas Tree is lit. • The "right of first refusal" to renew sponsorship for next year's event. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 ••_ •; PROJECT NUMBER: ITEM TITLE: HUMAN RESOURCES AND LEGAL DEPARTMENT Human Resources and Legal Departments: Social Media Policy and Social Media Procedure 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: October 21, 2014 11 ► 1J Resolution No. 1 ' / Qc- Adoption of Social Media Policy and Social Media Procedure Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 14- I O (p BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL BY CREATING A NEW POLICY 6.19 - SOCIAL MEDIA AND A NEW SOCIAL MEDIA PROCEDURE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies, and procedures for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby amended as to new Policy 6.19 - Social Media and new Procedure — Social Media; a copy of said policy and said procedure are attached and incorporated by reference as Exhibit «A» SECTION 2. This Resolution shall be in full force and effect upon adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this �' day of October, 2014. S -r APPROVED by the Mayor of the City of Meridian, Idaho, this �I day of October, 2014. ATTEST: Jaycee L. Holman, City Clerk APPROVED: -M1a a y e d�- co cmc � I WSJ,cCo, Cka'tta �Otems - CITY OF MERIDIAN POLICY AND PROCEDURES MANUAL CREATING POLICY 6.19 - SOCIAL MEDIA AND NEW PROCEDURE REGARDING SOCIAL MEDIA - OCTOBER, 2014 CITY OF MERIDIAN STANDARD OPERATING POLICY NUMBER 6.19 SUBJECT: SOCIAL MEDIA POLICY PURPOSE: To establish guidelines for the use of social media by the City of Meridian ("City") and its employees. The City of Meridian has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on City social media sites. SUMMARY: City social media sites may be established only in full compliance with this policy and City of Meridian Standard Operating Procedure. The City may monitor employees' personal use of social media and require adherence to the provisions of this policy in such use. AUTHORITY & RESPONSIBILITY: The following policy shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. A social media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flickr, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. B. City social media site: A social media site that: a) is established or administered by the City or by a City employee acting in his/her professional capacity; b) is held out to be representative of, or held out to be established or used by, the City, or any department, employee, commission, or component thereof, c) utilizes a City name, title, logo, or other indicia of City endorsement, establishment, or administration of such social media site. C. Non -City social media site: A social media site established or used by a City employee acting in his/her personal capacity. 1I. ESTABLISHMENT AND ADMINISTRATION OF CITY SOCIAL MEDIA SITES A. Any employee's establishment and administration of a City social media site shall follow, in all respects, City of Meridian Standard Operating Procedure, including, but not limited to, obtaining prior approval from the Mayor and the City of Meridian Communications Manager. The failure to follow any component of City of Meridian Standard Operating Procedure may result in disciplinary action. B. The Mayor may order City employees to wholly remove City social media sites that are established or administered in violation of City of Meridian Standard Operating Procedure. The failure to remove a City social media site in accordance with such order may result in disciplinary action. C. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. A failure to do so may result in disciplinary action. 111. CITY EMPLOYEES' USE OF NON -CITY SOCIAL MEDIA SITES A. City employees or officials using personal or non -City social media sites should be aware that all social media sites are or may be accessible to the public, including to other City employees and officials. B. City employees or officials shall not use personal or non -City social media sites in any way that may adversely affect his or her employment, workplace and/or that of other City employees, including, but not limited to, bullying, gossiping, sexual harassment, abuse of City or other public resources, violation of City policies, or illegal activity. Such use of a personal or non -City social media site may result in disciplinary action. C. Where a City employee or official, acting in his/her personal capacity, wishes to use or comment on a City or Non -City social media site: a) regarding work or subjects associated with the City, or b) where such employee is or would reasonably be believed to be speaking in his/her professional capacity as a representative of the City, the provisions of this and other City policies shall apply and where necessary, the following disclaimer should be used: "The postings on this site are my own and do not necessarily represent the positions or opinions of the City of Meridian." D. City employees or officials shall not access or use personal or non -City social media sites in a manner that causes loss of productivity during working hours. CITY OF MERIDIAN STANDARD OPERATING PROCEDURE SUBJECT: SOCIAL MEDIA PROCEDURE PURPOSE: To establish procedures for City employees to follow in establishing, administering, and using City social media sites. SUMMARY: City social media sites may be established only in full compliance with this procedure, and must be monitored and maintained to ensure responsiveness, fairness, and compliance with the terms of use. AUTHORITY & RESPONSIBILITY: The following procedure shall apply to all employees in their personal and work-related use of social media sites; supervisors and department heads shall ensure compliance with this policy within their respective departments. I. DEFINITIONS A. City social media site: A social media site established or used by the City or by a City employee acting in his/her professional capacity. B. Comments: Information, commentary, dialogue, links, pictures, videos, and/or other forms of communicative content posted on a social media site. C. Non -City social media site: A social media site established or used by a City employee acting in his/her personal capacity. D. Site Administrator: The City employee or official designated to establish, monitor and maintain a City social media site. E. Social media site: A publicly accessible online publishing application, technology, or website that provides information to the public via subscription, reference, network, or drop-in. A social media site may provide a forum by which individuals may post comments or other information. Examples of social media sites include blogs, podcasts, Delicious, ExposureRoom, Facebook, Flicks, Google +, LinkedIn, MySpace, RSS, Second Life, Twitter, and YouTube. F. User: Any person who accesses, views, follows, likes, links to in any manner, and/or posts comments on a City social media cite. II. ESTABLISHMENT OF CITY SOCIAL MEDIA SITES A. No employee, City department, commission, or any other person shall establish a City social media site without prior approval by the Mayor and the City of Meridian Communications Manager. B. Persons seeking to establish a City social media site shall submit to the Communications Manager a written proposal, which shall include the following information: 1. The purpose of the account and site; 2. The City employee(s) or official(s) designated to establish, monitor and maintain the site; 3. Whether Users may post comments or messages on or through the site, and if so the schedule and plan for reviewing and following up on such comments; and 4. The proposed approach to removal of any comments pursuant to this policy. C. All City social media sites shall be administered or overseen by a Site Administrator designated by the director of the department creating the new social media site. Upon creation of the site, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall provide any updated login or password information to the Communications Manager. Upon separation from City employment, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall relinquish and transfer all administrator rights to the Communications Manager. D. The Mayor may require that a City social media site be wholly removed, though removal of individual messages may occur only pursuant to the criteria and procedures set forth in this policy. E. A Terms of Use Statement (see Appendix A) shall be prepared for each City social media site. Where ever possible, the Terms of Use Statement must be displayed or made available by hyperlink on each City social media site. III. CITY'S USE AND MAINTENANCE OF CITY SOCIAL MEDIA SITES A. All City social media sites shall adhere to applicable federal, state and local laws, regulations and City policies. B. All City social media sites shall make clear that they are maintained by the City. C. The City of Meridian's website at http://www.meridiancity.org will remain the City's primary and predominant internet presence. Wherever possible, City social media sites should link, back to the official City of Meridian website for information, documents, online services and other information necessary to conduct business with the City of Meridian. D. The site administrator shall respond within one working day to all comments or posts in which a User asks a question or requesting feedback. When the site administrator responds to a comment, in his/her capacity as a City of Meridian employee, the employee's name and title should be made available, and the employee shall not share personal information about himself or herself, or other City employees. E. The Communications Manager shall monitor content on all City social media sites to ensure adherence to these procedures, consistency with the interests and goals of the City of Meridian, and enterprise -wide consistency in messaging and information across platforms and site administrators. F. Content posted by the City and comments posted by Users on City social media sites contain records of subject to the Idaho Public Records Act. Any content posted or maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. G. The site administrator or Communications Manager may remove and/or restrict comments containing or uploading any of the following inappropriate forms of content, including: 1. Content that is deemed in violation of the City's Social Media Policy, these terms of use, the terms and conditions of use of [Name of Site] or any applicable federal, state or local law; 2. Profane, obscene, indecent, violent, or pornographic content; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Encouragement or incitement of illegal activity; 7. Information that may tend to compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest, such as a copyright, of any party; or 9. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. H. Any comments removed based on these guidelines must be retained by the site's administrator in accordance with the City's records retention schedule. The time, date and identity of the poster, may be retained with this record whenever available. City employees or officials using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. APPENDIX A TERMS OF USE STATEMENT Terms of Public's Use of [Name of Site] This [type of social media] is intended to [description of purpose]. Any comment or materials posted by a User of this site may be attributed only to that User, and does not necessarily reflect the positions -or opinions of the City of Meridian, its employees or officials. The City of Meridian does not warrant the accuracy of any statement or claim made here, is not responsible for any User -generated content, and does not endorse any opinion expressed here. All Users must comply in all respects with [name of social media site]'s and the City of Meridian's Terms of Public's Use of City Social Media sites. The following terms of use shall also apply: 1. The City seeks to serve all of its constituents by hosting an open but civil dialogue. Reasonable arguments for opposing views are encouraged. 2. Users shall have no right of privacy on the City's social media sites, as such sites may be or contain public records subject to disclosure pursuant to the Idaho Public Records Act and the City's records retention schedule. 3. A comment posted by a member of the public on any City social media site is the opinion of the commentator or poster only. Publication of a comment does not imply endorsement of, or agreement by, the City of Meridian, nor do such comments necessarily reflect the opinions or policies of the City of Meridian. 4. Comments should relate to the topic being discussed in the original post, should not contain random or unintelligible information or text, and should not be wholly an advertisement of commercial products or services. 5. Comments containing or uploading any of the following inappropriate forms of content are subject to removal and/or restriction: a. Content that is deemed in violation of City policy, these terms of use, the terms and conditions of use of [Name of Site], or any applicable federal, state or local law; b. Profane, obscene, indecent, violent, or pornographic content; c. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; d. Defamatory or personal attacks; e. Threats to any person or organization; f. Encouragement or incitement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; h. Content that violates a known legal ownership interest, such as a copyright, of any party; or i. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. 6. All use of this site shall be bound by the [Name of Site] terms and conditions of use. Where appropriate, City may report any violation of such terms and conditions to [Name of Site]. 7. These terms may be revised at any time. 8. A User's submission, posting, or other publication of a comment constitutes acceptance of these terms. DOctober • COMMUNITYPROJECT NUMBER: ITEM TITLE: DEVELOPMENT Community Development: Unified Development Code Changes - Title 1 1 Amendments Discussion MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes OFFICECLERKS DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tarnmy de Weerd City Council Members: E IDIN ''Ad N, " � �,: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba October 9, 2014 TO: Mayor Tammy de Weerd, City Council Members CC: City Clerk FROM: Justin Lucas, Planning Supervisor RE: Feedback from UDC Workgroup and Potential Unified Development Code Text Amendments October 14, 2014 City Council Agenda Item Executive Summary Over the last several months staff has identified multiple sections of the UDC that should be considered for amendment. Some of the potential changes are relatively straight forward; while others are more complex and may have broader policy implications. Based on direction from the Mayor and Council during the last round of UDC changes staff formed a UDC Workgroup consisting of City Staff and professionals from the development community to discuss issues in the UDC. The UDC workgroup met for the first time on September 3, 2014. Based on the workgroup discussion staff is now bringing forward some potential amendments to the UDC. Background Since the adoption of the UDC on September 15, 2005, the UDC has been amended various times to ensure it is current, comprehensible, efficient, and enforceable. As issues with the UDC are discovered staff maintains a list of potential changes. Staff then presents these proposed modifications to the Planning and Zoning Commission and City Council on a regular basis for direction, input, and amendment. Prior to proposing any changes to the UDC Community Development Staff seeks input from various City Divisions (Police, Fire, Legal, Parks, etc.) and the development community (using the UDC Workgroup). Based on these discussions staff summarizes the comments and proposes changes to the UDC. The attached table contains the sections of the UDC that are being considered for modification at this time. Staff has identified a potential solution for the some of the items, but is seeking input from the Mayor and Council prior to proposing any changes for the more complex issues. Next Steps Based on the input received from the Council at the October 14, 2014 workshop staff will prepare an official UDC Text Amendment application for the items. This application will be reviewed by the public, the Planning and Zoning Commission and the City Council. Staff will also share the proposed changes with the UDC Workgroup to gain their input and buy -in. Attachments: 1. UDC Text Amendment Table dated 10/14/14 2. 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Discussion Items: 1. Common Area Fencing Adjacent to interior common open space (micro -paths) the code does not allow a solid fence above 4 ft. This may be too restrictive: Crime prevention through environmental design (CPTED). Comments and Ideas from group: ® Example shown does not seem to meet the criteria to create open vision along micro -paths. That's just an open common area; look at changing that all together ® Should not have to be a public hearing process ® Go back to the original UDC to provide/comply or variance ® Development has made a big deal about providing waiver standards ® Good example of something that should be dealt with at the staff level ® Council should not be bothered with this type of issue ® How do we draw the line where 6' is ok and 4' is required? ® Not doing a 6' fence does seem to be a problem for homeowner ® Should be developers choice ® Time Issue is important, should not create any delays ® Look at the interior common area language and define it better ® Staff level, as long as we have good design criteria ® Add better examples in the code 2. Irrigation Easements in residential subdivisions and common lots Example: Homeowner owns the lot all the way to the ditch, but the easements in the back of the lots are large and are restrict planting trees, landscaping or building a fence. Comments and Ideas from group: ® Clarity: are we are talking only about "irrigation district easements" ® Take out the word "irrigation" this could apply to any easement that restricts fencing. ® Allow utility easement to be on the ditch side (within the irrigation district easement/common lot). ® Encroachment agreement from the irrigation district ® What about liability? ® Don't have any issues with what is being proposed; the lots lines should not be extending into the easements if the owner does not have any beneficial use for the property ® What about infill sites? Jacks place used as an example (candy lateral); challenging site ® Problematic (Red Tail) against the Ridenbaugh ® Language proposed by staff is too simple based on what is being heard from the group ® How does this apply on Commercial subs? ® Issue is whether it's a common lot and who will maintain it ® HOA will be required to maintain the easement instead of the homeowner ® Intended to apply only to the larger facilities ® What about small facilities? ® These areas can become an eyesore, because no one maintains their property (Cherry Lane and Ten Mile) 3. Gravel Mining Gravel mining is a high intensity use that is currently allowed by CUP in most zones. There are no specific use standards for gravel mining and this use has created some significant issues for adjacent residential developments. Comments and Ideas from group: ® The biggest concern is the processing of the material and the stockpiling --dust blowing, dust traffic ® If you don't allow some material extraction/relocation all of the material will have to be hauled in our out which can be inefficient ® Comp plan does not show industrial in areas where the gravel is located ® Eagle and Lake Hazel good example of a potential gravel site ® Look at cleaning up the definition of mining and grading to allow for extraction and light screening but restrict the more heavy duty commercial aspects of mining ® Need guidelines on timeframes ® More restrictions in City limits understandable ® Screening saves hauling top soil off and bringing top soil back ® How long? Less than 3 months, 1 year max; it just depends on who needs the material ® These types of uses may be more appropriate in the County and not in City limits ® Reclaiming the site does not mean it's going to be completely ready for development ® Have a process for how the site will be rehabbed or reclaimed ® The City is very wary of this used based on recent experiences 4. Additional 5% open space and Amenities Provision in our code allows for 5% extra open space to be counted as an amenity but straight percentage. So if you have a ten acre, site 5% as an amenity; or if you have a 200 acre site, it counts as one amenity. Comments and Ideas from group: ® 5% of 200 acres is a lot more than 5% of 20 acres and it should count as more than one amenity ® Not supportive of any open space requirement ® Places park and recreation responsibilities on to the developers ® Only two cities in the valley that require open space: Meridian and Eagle ® Quality of open space is important ® Consider using acreage rather than percentage for additional open space (For every additional % acre or Y2 acres get credit for an amenity) ® The smaller projects five acres or less are exempt ® Boise has a provision that you can ask for a waiver of anything in the ordinance that is site specific 0 Look at open space in relation to density ® In an R-15 zone do you require more open space than in an R- 2? To me, consider requiring more open space as you gain density ® People don't want to use common areas; they have their own lots; they have to pay to maintain them ® How do we get more open space without a park? Tree lines, streets, buffers, etc. ® Affordability- struggle with Solterra at 10 acres trying to get 8 units per acre, it can be a struggle to get higher densities with current requirements ® As a base line, you provide more amenities' we will trade you up if you provide more amenities now you only need 5 % open space, we can get to that 1 amenity =2 1/2 percent open space ® Consider requiring either open space or amenities ® Larger lots? No common area, why do we have to have an HOA ® More open space you have without the density to back it is more expensive in the short and long term ® Trading open space for amenities should be a topic of consideration ® 3 pools in paramount and they count as 1 amenity each? The amenities do not seem to be valued fairly ® Support for trading open space for amenities ® Specs/requirements for amenities? Define these more clearly in the UDC 5. Residential dimensional standards Dimensional standards in the residential zones make it difficultlimpossible to reach the maximum gross densities called for in the zoning designation/comp plan. Comments and Ideas from group: ® A 5000 sq. ft. minimum; does not work in the R-8 if the City wants higher density ® Star does not have a minimum lot size and it seems to work well ® Let's do away with lot size minimums ® What's the City's goal? Is it really to have an R-8 density in the R-8 zone? If so the current standards make it impossible ® Why is the City concerned about lot size standards if you have density requirements? ® The Fire department and building department are the biggest factors of support to setbacks changed in the R-15 ® It makes no sense that someone just says that 5000 is the ideal lot or 6000 is the ideal lot; Make us adhere to the setbacks and leave the lots sizes up to the developer ® At recent hearings: Higher density zoning to get less restrictive dimensional standards has caused some concern — should there be a minimum density and a maximum density? ® City Council and public confused on the R-15 zone, and the density that is not being used ® The market is not supporting attached product; this pushes towards R-15 and single family detached 6. Design Review Design review standards do not contain enough specificity or "express regulations". This lack of clear requirements can create some difficulty when trying to apply the design standards. The City would like to streamline standards - Commercial vs. Industrial, separating out building vs. site. We need more consistency. Comments and Ideas from group: ® Ensure that any DR remains at the staff level ® The process seems to be working for the CZC, Design review, and accepted by most of the development community ® The City shouldn't make a warehouse look like an office ® Look at the building type and land use context ® Putting 30% glass along the street on the storage room side of it has always been a problem — regulations need to address this ® Applying certain standards to certain buildings maybe tough depending on the user of the building. Look at building type or use condition. ® Racking does not work on a mini storage. All kinds of things that come into play with the different use vs. the design the city is trying to achieve ® Clients don't care about windows; don't care about modulation ® Look at the building at NW 13th it has awnings, text coat and other things that made it more attractive but still functional ® Some building have so much gingerbread on them that owners have to charge more to make the numbers work. Warehouse users do not want to pay that. ® We have to watch our cost because we use so much land for our buildings (in industrial areas) ® Do it through landscaping and not so much gingerbread ® Text coat and a couple of colors are ok ® Reveals can articulate the wall; instead of 2' reveal do a 4' reveal ® The City has been reasonable lately ® Oregon tile was way over cost and makes no sense, that is a showroom ® Careful not to get carried away with articulation ® Industrial should not be held to commercial standards ® Not broken but no one is using the manual very much ® Manual contains a lot of fluff that is meaningless ® Street frontage to a warehouse is different from retail ® Look at uses along major street frontages and determine what kinds of designs are acceptable. As soon as you move to an interior street created through a sub, should the standards still apply? Especially in the case of an industrial sub ® Only apply standards adjacent to collectors or arterial ® Trees and Lighting? ® One thing that is important to a commercial site, what can a commercial developer sell to his end user? What kind of buildings are you looking for? ® Immediate response from users is, we are not going here if we tell them "your front door has to face the street" ® What's important to an end-user? 7. Parking Recently updated the O -T district parking standards. Some different types of product that our parking standards don't easily apply (quad lots or auto courts, when you have a common drive to serve 4 units, alley loaded). The struggle is how the City counts our credits on street parking. Comments and Ideas from group: ® Alley loaded should not require a 20x20 parking pad ® If you have standard streets, you have plenty of on street parking. ® 16' alleys should be expectable ® Fire access may conflict with the 16' alley ® Alternative Compliance can provide parking creativity ® How do you provide for someone who wants to wash his car by his garage in an alley? ® Alley loaded no 20x20, but you have to provide off street parking 0 Can you back out of a 16' alley? ® Seems odd to apply for Alternative Compliance on alley loaded lots when we don't need the 20x20 anyway. 8. Clean-up Items Parking lot -Reconstruction vs. - overlay ® Parking lot replacement needs to be brought up to current standards ® Overlay is just a maintenance activity ® There is a process through CUP to maintain non -conforming parking areas that do not comply with current code Timing of the DA ® Is two years too long to allow the property owner to sign the DA? ® Annexation will not occur until the DA is signed, so is it a good idea to have property approved by City Council but not annexed for up to two years? ® Do the DA's have to include the whole public record? DA's need to be simplified. ® It does have implications for the city and surrounding property owners ® Should we have time extensions? ® Simplify the DA to include only the conditions ® Never seen any municipality to include public record in the DA ® It takes a long time to sort through all the information ® If you simplify the DA, give them 3 Months to sign ® Some hold on signing the DA due to the change in the Tax Structure ® Nampa went to 60 days ® 60 days is pretty aggressive ® 6 months is reasonable ® Someone may want you to sign your DA so they could be contiguous ® There are some that may hold up a DA so they can delay their neighbors annexation October1 PROJECT NUMBER: ITEW COMMUNITY DEVELOPMENT COMMUNITIES MOTION Community Development: Adoption of Communities in Motion 2040 - The Regional Long -Range Transportation Plan 1,TEETIVG VOTES dT/ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Communities in Motion 2040 Regional Long -Range Transportation Plan for Ada and Canyon Counties COMPASS vo��win..I. A ... 1.u. Communities in Motion 2040 • COMPASS Board adopted Communities in Motion 2040 on July 21, 2014 • Replaced Communities in Motion 2035 • COMPASS is requesting each member agency adopt/recognize the plan —Key to implementing the plan fork COMPASS vo��win..I. A ... 1.u. What is Communities in Motion? • Regional long-range transportation plan for Ada and Canyon Counties • At least 20 -year horizon a > u •Helps ensure roads, bridges, transit services, pathways, sidewalks, and trails are ready for the future • Updated every four years 401; "Viiia COMPASS vollLlwin rLul011c LuuI.E. COMMUNITIES IN MOTION 2040 REGIONAL ioxo-seMOC r exsPoareory PLAN A.. AMG CANYON wnPLANuen ss, iuAMo m r '_a JULY 2014 SOMPAAIS �w+ru.<awnusa....w�Lwr. u.e—iewir. y... M, •^ Key issues • Growth — CIM 2040 Vision • Goals — 8 elements — 17 goals Photo by Mark Hilty — Performance measures and targets — Implementation policies • Finances — Shortage of transportation funding — Focus on maintenance • Future transportation system 16— 33 unfunded projects and corridors COMPASS vowin rwwiMc u. The bottom line...by the numbers • 1.022 million people by 2040 • 17 goals — 56 performance measures —9 high level policies • 33 priority corridors and projects • $359 million average annual cost of transportation needs (2014 - 2040) • 44% of that is unfunded — $159 million per year Nr/ Photo by: Jane Wright COMPASS vo��win..I. A ... 1.u. Requested action Adoption of Communities in Motion 2040 to the Meridian City Council COMPASS vo��win..I. A ... 1.u. CIM 2040 Vision • Provides new housing and jobs in major activity centers • Focuses on maintaining recreation and open space • Comprised of a variety of housing types • Focuses growth outside of prime farmland or environmental constraints • Supports local comprehensive plan goals • Supports high capacity transit for State Street (Highway 44) and a route parallel to Interstate -84 • Supports multimodal ,,gnd services COMPASS vo..�win uwiMc u. infrastructure Photo by Troy Behunin What's different between CIM 2035 and CIM 2040? ■ Planning horizon Vision Population estimate Jobs estimate Growth rate Federal funding COMPASS m...III ..I. A ... I.4. 2035 Community Choices 1,046,000 470,500 2.18% Funded/partially funded capital projects MR11 CIM 2040 Vision 1,022,000 461,660 1.96% Focused on maintenance Elements 1 2, 3, 4. 5. 6. 7. 8. COMPASS vo..win..I. A ... 1.u. Transportation Housing Farmland Open Space Health Photo by Clint Marchbanks Community Infrastructure Land Use Economic Development Goals and objectives • 17 goals for the eig Objectives and task ht plan elements s for each goal Photos by Shelly Houston (left/middle) and Sylvia Marmon (right) INVI► COMPASS vo��win..I. A ... 1.u. ht plan elements s for each goal Identifying needs and priorities • Determined key transportation corridor and project improvements to meet future needs • Prioritized needed improvements • The prioritized corridors and projects are wholly or partially unfunded W COMPASS cowwin w�i�c �uacuno� Photo by: Linda Ihli 1. Interstate 84 (Centennial Way Interchange to Franklin Boulevard Interchange) 2. State Highway 44/State Street High Capacity Corridor 3. US Highway 20/26 (Chinden Boulevard) (Middleton Road to Eagle Road) 4. State Highway 55 (Snake River to the City of Nampa) 5. Regional park and ride lots (near-term improvements) 6. Linder Road (includes river crossing and new overpass - Lake Hazel Road to State Highway 44) 7. Franklin Road (bottleneck between Star Road and McDermott Road) 8. Caldwell/Nampa Boulevard (Linden Street to Orchard Avenue) 9. Ustick Road (Montana Avenue to McDermott Road) 10. Regional park and ride lots (medium-term improvements) 12. Treasure Valley High Capacity Corridor (study to determine locally preferred option) 13. State Highway 45 reroute (City of Nampa - Bowmont Road to Interstate 84) 14. State Highway 16 (Kung -Mora Road to Ada/Gem County Line) 15. Boise Downtown Circulator 16. valleyconnect medium-term (capital/operating) 17. State Highway 55 (State Highway 44 to Ada/Boise County Line) 18. Middleton Road (State Highway 55 in City of Nampa to Main Street in City of Middleton) 19. Overland Road (multi -modal corridor plan) 20. North/South Kuna Corridor (railroad crossing in the City of Kuna) 21. Cherry Lane (Middleton Road to Black Cat Road) 23. State Highway 55/Midland Boulevard Bottleneck (City of Nampa) 24. State Highway 45 (Greenhurst Road to Bowmont Road) 25. Victory Road (Happy Valley Road to McDermott Road) 26. US Highway 20/26 (City of Caldwell to City of Parma) 27. Three Cities River Crossing 28. Star/Robinson Road (Greenhurst Road to Ustick Road) 29. CIM 2040 transit, long-term (capital/operating) 30. Greenhurst Road (Middleton Road to McDermott Road /Happy Valley Road) 31. Happy Valley Road (Greenhurst Road to Stamm Lane) 32. Bowmont Road to Kuna-Mora Road (new connection) 11. valleyconnect near-term 22. Lake Hazel Road/Amity Road 33. Beacon Light/Purple Sage (capital/operating) (Lake Hazel, McDermott to Linder; (new connection - preserving Amity, Southside to Black Cat) land for a future project) 33 priority corridors 0 COMPASS rsrr,rwin s .wort smswnes Legend ` — 13 25 Downtown .. - 22 - Mixed Use - 30 Fmployrnem Center _ •s . Transit Oriented Development Small Town 24 — • \_ Future Neighborhood Ddsting Negbwhood 32 t♦ prime Farmland Foothills Rural . Regidnal Parka \ _ Regional Path" \� - srurm s'wnnss State Hghways High Capacty Tranart www Existing Corridor Un" Areas . . • New Condor - 0 Large Unique Areas Corridor Preservation W HOspdal n Airport _ 4 University IS Prison NORTH R,:na.d'.a ,Ala z Finances Average Annual Transportation Funding VZource I Federal State* Local Tota 25 million $34 million $141 million $200 million (*includes federal funds spent by ITD) Photo by: Warren Lassen Transportation Needs, Funding, and Shortfall qL-, Shortfall 0- Total (2014 - 2040) $9.7 billion $5.4 billion $4.3 billion Annual $359 million $200 million $159 million COMPASS vo..win..I. A ... 1.n . Focus on maintenance • Not enough revenue in the future to maintain the transportation system, much less expand it • COMPASS Board chose to focus federal transportation funding on maintenance What is maintenance"? Anything that ""protects and preserves existing transportation L systems and opportunities" COMPASS vo��win..I. A ... 1.u. Short-term federally funded projects affecting Meridian • In 2014 — I-84 Meridian Interchange — SH 55 (Eagle Road), I-84 to Franklin Rd — Signal timing improvements • In 2016 — Franklin Rd, Black Cat to Ten Mile • In 2017 — US 20/26, corridor preservation, Caldwell to Boise • In 2018 — Rail with Trail pathway, Meridian », High Capacity Corridor alternatives analysis, Caldwell to Boise COMPASS vo��win rwwiMc u. Long-term funded projects - 2019-2025 • Linder Road, Franklin Road to Cherry Lane • Linder Road, McMillan Road to US 20/26 (Chinden Boulevard) (east side of the road only) Ustick Road, Ten Mile Road to Linder Road Fairview Avenue, Meridian Road to Locust Grove Road • Fairview Avenue, Locust Grove Road to State Highway 55 (Eagle Road) • Ten Mile Road, Victory Road to Overland Road COMPASS co��win w�uc �smcuno� Long-term funded projects - 2026-2040 • US 20/26, Locust Grove Road to Eagle Road • Linder Road, Overland Road to Franklin Road • Linder Road, Cherry Lane to Ustick Road • Linder Road, Ustick Road to McMillan Road • Ustick Road, McDermott Road to Black Cat Road • Ustick Road, Black Cat Road to Ten Mile Road • Eagle Road, Lake Hazel Road to Amity Road • Fairview Avenue, State Highway 55 (Eagle Road) to Cloverdale Road »N► COMPASS LOYYIIYiIS IINIIIIYG 111SOC4110Y Long-term funded projects '-ul.EW, COMPASS mwu�nr ru�eiMc moo . o. US 20/26, Locust Grove Road to Eagle Road - 3 $20,800,000 $43,820,000 2026-2040 widen from two to four lanes Linder Road, Overland Road to Franklin Road 6 - widen from two to five lanes. Project costs do not $3,150,000 $6,640,000 2026-2040 include construction of a new I-84 overpass. Linder Road, Franklin Road to Cherry Lane - 6 $2,490,000 $3,410,000 2019-2025 widen from two to five lanes Linder Road, Cherry Lane to Ustick Road - 6 $5,970,000 $12,580,000 2026-2040 widen from two to five lanes Linder Road, Ustick Road to McMillan Road - 6 $2,730,000 $5,750,000 2026-2040 widen from two to five lanes Linder Road, McMillan Road to US 20/26 6 (Chinden Boulevard) - widen from three to five $1,420,000 $1,940,000 2019-2025 lanes (east side of the road only) Ustick Road, McDermott Road to Black Cat 9 $3,060,000 $6,450,000 2026-2040 Road - widen from two to five lanes Ustick Road, Black Cat Road to Ten Mile Road 9 $2,790,000 $5,880,000 2026-2040 - widen from two to five lanes Ustick Road, Ten Mile Road to Linder Road - 9 $2,770,000 $3,790,000 2019-2025 from two to five lanes ,Iden '-ul.EW, COMPASS mwu�nr ru�eiMc moo . o. Long-term funded projects - continued IOhm NNJ COMPASS LOYYIIYiIS IINIIIIYG 111SOC4110Y Eagle Road, Lake Hazel Road to Amity Road - $3,180,000 $6,700,000 2026-2040 widen from four lanes to five lanes Eagle Road, Amity Road to Victory Road - $3,220,000 $6,780,000 2026-2040 widen from two to five lanes Fairview Avenue, Meridian Road to Locust $4,010,000 $5,490,000 2019-2025 Grove Road - widen from five to seven lanes Fairview Avenue, Locust Grove Road to State - Highway 55 (Eagle Road) - widen from five to $3,650,000 $5,000,000 2019-2025 i seven lanes V Fairview Avenue, State Highway 55 (Eagle - Road) to Cloverdale Road - widen from five to $3,310,000 $6,970,000 2026-2040 .; seven lanes Ten Mile Road, Victory Road to Overland Road $4,010,000 $5,490,000 2019-2025 - widen from two to five lanes al IOhm NNJ COMPASS LOYYIIYiIS IINIIIIYG 111SOC4110Y Unfunded projects affecting Meridian • US Highway 20/26 (Chinden Boulevard) (Middleton Road to Locust Grove Road) • Regional park and ride lots • Linder Road (includes river crossing and ne overpass - Lake Hazel Road to State Highwa 44) • va//eyconnect (capital/ operating) • Treasure Valley High Capacity Corridor study • State Highway 16/McDermott Road (Kur Mora Road to Ada/Gem County Line) • Overland Road (multimodal corridor plan) • Cherry Lane (Middleton Road to Black Cat Road) fATXIM 2040 transit, long-term C O M P (ca pita I/operating ) 1 wU I... Unfunded projects COMPASS LOYYIIYilI11NIIIIY415IVC ♦'iC� US Highway 20/26 (Chinden Boulevard) (Middleton Road to Locust 3 $199,350,000 Grove Road) - widen to four lanes Regional park and ride lots (near-term improvements) - upgrade four 5 $10,125,000 existing lots and build 11 new lots throughout Ada and Canyon Counties Linder Road (includes river crossing and new overpass - Lake Hazel 6 Road to State Highway 44) $17,720,000 Regional park and ride lots (medium-term improvements) 10 - upgrade 16 existing lots and build nine new lots throughout Ada and $11,700,000 Canyon Counties valleyconnect near-term (capital/operating) - improve existing (2013) transit route frequencies and develop transit stations as appropriate to 11 accommodate service changes. $487,100,000 Total cost estimate is $846,900,000. The unfunded portion is $487,100,000, as shown. Treasure Valley High Capacity Corridor (study to determine locally preferred option) - conduct an environmental analysis to identify a locally 12 $10,000,000 preferred alternative. This is necessary to secure New Starts/Small Starts funding. COMPASS LOYYIIYilI11NIIIIY415IVC ♦'iC� Unfunded projects - continued INIF COMPASS LOYYIIYiIY IINIIIIYG 1{f OC:{' i]Y State Highway 16/McDermott Road (Kuna-Mora Road to Ada/Gem County Line) McDermott Road, Kuna-Mora to I-84 - widen to four lanes with access control, construct new connection to Kuna-Mora Road, and new railroad overpass. Widen to five lanes from Lake Hazel Road to new I-84 interchange. 14 $525,000,000 State Highway 16 (Expressway), I-84 to State Highway 44 - construct new four -lane expressway with interchanges at I-84/Franklin Road, Ustick Road, US 20/26, and State Highway 44. State Highway 16 (Highway), State Highway 44 to Ada/Gem County line - widen to four -lane limited -access highway with interchanges at Beacon Light Road and Chaparral Road. va//eyconnect medium-term (capital/operating) - expand upon valleyconnect near-term by adding approximately 20 new routes. 16 $470,600,000 Cost shown is the net change from the near-term to expand service in the medium-term. INIF COMPASS LOYYIIYiIY IINIIIIYG 1{f OC:{' i]Y Unfunded projects - continued 19 Overland Road (multimodal corridor plan) - develop a multimodal plan to expand and evaluate other options TBD Cherry Lane (Middleton Road to Black Cat Road) - widen to five lanes 21 $78,000,000 with curb, gutter, sidewalks, and bike lanes CIM 2040 transit, long-term (capital/operating) - expands upon valleyconnect near- and medium-term by adding new service routes and 29 improving frequencies of planned routes $295,100,000 Cost shown is the net change from the medium-term to the long-term. h&' �1IF COMPASS LOYYIIYiIS IINIIIIYG 111SOC4110Y What will the future look like? 600,000 1,022,000 1,022,000 276,000 4621000 462,000 12,077,000 27,138,000 26,860,000 27,600 430,100 233,100 35 minutes 70 minutes 50 minutes 25 minutes 50 minutes 40 minutes 20 minutes 25 minutes 25 minutes 15 minutes 20 minutes 15 minutes Implementation policies • Focus available federal funding on maintaining the existing transportation system • Consider corridor priority order when monies become available for unfunded projects • Coordinate local plans for land use and transportation investments to implement the CIM 2040 goals and vision • Cultivate new funding sources for transportation investments • Promote the appropriate design of transportation facilities for the needs of all users as outlined in the COMPASS complete streets policy • Employ a grant program to assist agencies in funding innovative ways to implement CIM 2040 • Educate and actively engage the public and stakeholders on best practices for implementing CIM 2040 • Monitor, track, and report development activity and changes to comprehensive plans and other related documents • Consider the CIM 2040 goals and vision when developing projects and tasks for the COMPASS Unified Planning Work Program Performance measures and targets • 56 regional performance measures track CIM 2040 goals • Targets for each measure • Performance Monitoring Report — Baseline report in 2014, every two years after that • Online dashboard —Access to performance data for any area in Ada or Canyon Counties at any time —Live in fall 2014 on 00F I COMPASS tOYYUIIIA ryYIYIM IIgOCY�10. el5uum.�� ie�ne miilillill 111111 1111111111111�1111 111111111 1111 11 ll • DATE:October • 11Mill: • •► ►• Community Development: Resolution Endorsing Communities in Motion 2040 - The Long -Range Transportation Plan for Ada and Canyon Counties INI:I=19l01 [ell 01Md '? Community Item/Presentations Presenter Contact Info./Notes DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS J To: Meridian City Council From: Caleb Hood, Planning Division Manager L3 �z Date: 10/9/2014 Re: Communities in Motion (CIM) 2040 Communities in Motion (CIM) 2040, is the regional long-range transportation plan for Ada and Canyon Counties. During its July 21St meeting, the COMPASS Board of Directors adopted CIM 2040. The Plan was developed between 2011 and 2014, with significant input from the public, a Planning Team and a Leadership Team. COMPASS would like the City to incorporate CIM 2040 into the City's documents and processes. The purpose of CIM 2040 is to outline a fiscally constrained transportation system to meet the needs of the future. While a multitude of tasks, analyses, and data feed into this, it is generally a five-step process: ® Develop a financial forecast for the funding of transportation facilities ® Develop a realistic scenario of how the region is likely to grow between now and 2040: the CIM 2040 Vision. ® Analyze future transportation needs based on the CIM 2040 Vision. ® Compare needs to the financial forecast. In light of limited funding, the COMPASS Board chose to focus the federal transportation funding allocated through CIM 2040 to maintenance, meaning all new capital projects will be shown as "unfunded" in CIM 2040. ® Prioritize the list of unfunded needs for when/if new funding becomes available. The City currently recognizes the previous version of CIM, CIM 2035 in the Comprehensive Plan. The Comprehensive Plan makes reference to and supports CIM in Chapters 3 and 7. During their September 8t" meeting, the Transportation Commission forwarded on a recommendation that the City Council adopt CIM 2040. A draft Resolution supporting CIM 2040 has been prepared. CIM 2040 can be found here: http://www.comr)assidaho.orci/i)rodserv/cim2O4O.htm CITY OF MERIDIAN RESOLUTION NO. I i - ((),il BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SUPPORTING COMMUNITIES IN MOTION 2040 AS THE REGIONAL LONG-RANGE TRANSPORTATION PLAN. WHEREAS, the City of Meridian is a local government within Ada County and has an interest in the establishment of an effective and safe transportation systems, expansion of transportation options, and the protection of air quality and other natural resources; WHEREAS, the City of Meridian is a member of the Community Planning Association of Southwest Idaho, hereinafter referred to as COMPASS, WHEREAS, COMPASS has been designated as the approved Metropolitan Planning Organization for the urbanized areas within Ada and Canyon Counties; WHEREAS, the City of Meridian is authorized pursuant to Title 67, Chapter 65 of Idaho Code, the Local Land Use Planning Act of 1975 Section §67-6508(i) to prepare, in coordination with other local jurisdictions having authority over the public highways and streets, an analysis of "...the general locations and widths of a system of major traffic thoroughfares and other traffic ways, and of streets and the recommended treatment thereof;" WHEREAS, in an effort to provide regional transportation solutions for the next 20 -plus years for southwest Idaho, COMPASS, has prepared a transportation plan titled Communities in Motion Regional Long -Range Transportation Plan 2040; WHEREAS, Coimmninities in Motion 2040 was prepared in cooperation with local governments within Ada and Canyon Counties and with public input; WHEREAS, COMPASS Board adopted Communities in Motion 2040 as the Regional Long -Range Transportation Plan on July 21, 2014; WHEREAS, the City Council of the City of Meridian supports Communities in Motion 2040 as the Regional Long -Range Transportation Plan. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: RESOLUTION SUPPORTING COMMUNITIES IN MOTION 2040 - LONG-RANGE TRANSPORTATION PLAN Section 1. The City Council of the City of Meridian hereby accepts Communities in Motion 2040, hereby attached as Exhibit "A", and resolves to use it as a guide when making transportation and land use decisions. 2014. 2014. ADOPTED by the City Council of the City of Meridian, Idaho, this 14th day of October, APPROVED by the Mayor of the City of Meridian, Idaho, this 14th day of October, APPROVED: ATTEST: C'o D PAA dP„ CI�.CLe By. ycee . Holman, City=Glrl .1 ,; RESOLUTION SUPPORTING COMMUNITIES IN MOTION 2040 - LONG-RANGE TRANSPORTATION PLAN DATE: October 21 y 2014 ITEM NUMBER: 1 OA ��MAVAA ITEM ••- ITEM TITLE: ORDINANCE NO. N— — I � aZ4 An Ordinance (AZ 14-006) For Ann ation And Rezone f A Parcel Located In The East '/2 Of The W'/2 Of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, And Determining The Land Use Zoning Classification Of Said Lands From Rut To R-4 (Low 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 2014-086344 BOISE IDAHO Pgs=6 LISA BATT 10123/2014 11:00 AM MERIDIAN CITY NO FEE 111111111111111 II11111111111111111111 IN 11111111111 00033365201400863440060067 CITY OF MERIDIAN ORDINANCE NO. `1 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-006) FOR ANNEXATION AND REZONE OF A PARCEL LOCATED IN THE EAST V2 OF THE W'% OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-4 (LOW DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit"A" are within the corporate limits ofthe 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: Joint School District No. 2. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-4 (Low Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — VICTORY MIDDLE SCHOOL (AZ 14-006) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 1A S� day of Q( �g /� , 2014. APPROVED BY THE E MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 21 S -day of LtA2jt" 92014. �.,,� CCC-11. (L�� ATTEST: o� nY�UnUc eou "U=t 8¢i/t,61 HOLMAN, CITY RK es SEAL ANNEXATION – VICTORY MIDDLE SCHOOL (AZ 14-006) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this � day of }6je ✓ 2014, before me, the undersigned, a Notary Public in and for said State, ersonal a �peaared T 'A... ' WEE#,D nd JAYCEE L. HOLMAN, known to me to be the o �0� k 'tP�—' `-e Adk an 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. RESIDING AT: V-�M a tern MY COMMISSION EXPIRES: L-( _aaaCD ANNEXATION — VICTORY MIDDLE SCHOOL (AZ 14-006) Page 3 of 3 EXHIBIT A Annexation Legal Description Joint School District No. 2 Stoddard Property Parcel 2 A parcel located In the East % of the W% of Section 24, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of the of the NW % of said Section 24 from which a Brass Cap monument marking northwest corner of said NW %. bears N 89°07'22" W a distance of 2655.69 feet; Thence S 0'51'28'W along the easterly boundary of said NW'/, a distance of 2634.99 feet to a Brass Cap marking the northeast comer of SW Y. and the POINT OF BEGINNING; Thence S 0°51'28' W along the easterly boundary of said SW '/, a distance or 200.09 feet to a 518 inch diameter iron pin and to the centerline of West Kodiak Drive; Thence leaving said easterly boundary N 89"08'32" W along said centerline a distance of 231.53 feet to a 518 inch diameter iron pin; Thence continuing along said centerline a distance of 240.16 feel along the arc of a 1000.00 root radius curve right, said curve having a central angle of 13°45'36" and a long chord bearing N 82°16'57" W a distance of 239.58 feet to a 618 Inch diameter iron pin; Thence along said centerline N 14'33'26" E a distance of 5.00 feel to a 5/8 inch diameter iron pin; Thence along said centerline a distance of 624.62 feel along the arc of a 995 foot radius curve right, said curve having a central angle of 35"57'45" and a long chord bearing N 57"22'57" W a distance of 614.32 feet to a point; Thence leaving said centerline N 50'35'11" E a distance of 25.00 feel to a 5/6 inch diameter iron pin; Thence N 49°00'23" E a distance of 103.63 feet to a 618 Inch diameter Iron pin; Thence N 17"11'32" E a distance of 222.56 feet to a 5/8 inch diameter Iron pin; Thence N 0"51'28" E a distance of 793.26 feel to a 518 Inch diameter iron pin; Thence N 45'51'28" E a distance of 94.19 feel to a 5/8 inch diameter Iron pin on the northerly boundary of the SE %of the NW Y.; Thence S 89'17'29" E along the said northerly boundary a distance of 765,09 feet to a 518 inch diameter iron pin marking the northeast corner of the SE'/ of the NW %; Thence S 0'61'26" W along the easterly boundary of said NW Y. a distance of 1317.48 feet to the POINT OF BEGINNING. This parcel contains 28,64 acres and is subject to any easements existing or in use Vincent Blommer, PLS Land Solutions, PC July W. 2014 andel blutions Victory Middle School — AZ 14-006 Stoddard Popery Parcel 2 Job No. i "a EXHIBIT B Stoddard Property Parcel 2 ANNEXATION EXHIBIT s14 su 9anif OP BEAwM suTu+ �s6,eo�-nw ti r5�— tlR MOUND ROAD eavel'm�r MOV 94.19' N4641'76'E I I� 1Y I Victory Middle School — AZ 14-006 }.6J' 09$TE aoD• N14'33'761 PARCa 7 M -#NI a °�o wo PARCR 2 C 1/e SOMSI'26`w� '' IIW ons Corwarg t I' a SA, i1J1f A EXHIBIT B Stoddard Property Parcel 2 ANNEXATION EXHIBIT Fp pJ WWO or acmt6w iq su at+ Use xepq a W. OWxAND ROAD ❑1)aP eoverm\r SW '17P WT 94.19, N4a31'2a'E I I Is 1 yq I F� Mum �In I �I LPM xMTA �O I S3 112423 12500 M17". I � 2.001 NW35,11 103 as I NiaroO'Z.7•E e<aee°xc PAIN¢ 1 1 125 250 C•1 /1 \ \ 500'01 ivw . �� "� C.1� 9J�.5Y 0.00' _�/" __ �� Nf4']i7a'f H"o N ygg A V4 ��•'' Linn blutions sou Land surveying erW comm f V Victory Middle School — AZ 14-006 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 14- /(9a(0 PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel located in the East %2 of the W '/2 of Section 24, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 28.64 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection atS. rty-Jj�all, City of Meridian, 33 East Broadway AvegqVe, Meridian, Idaho. This or '° an66°s'lYal1,,b come effective on the day of UC* hey 2014. L �o �I�I3I1?N� mono SELL City ofMeol ian �, p Mayor and City Council fR 'n.,a,"'� By: Jaycee L. Holman, City Clerk M First Reading: / 0 '--21 - / 4-/ Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ✓ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 14- /(O DO The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 14- la�),o of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this Z5 day of OCAJ � 2014 u�a .j William. L.M. Nary City Attorney ORDINANCE SUMMARY — VICTORY MIDDLE SCHOOL (AZ 14-006) DATE: October 21, 2014 ITEM NUMBER:11 PROJECT ITEM TITLE: FUTURE MEETING TOPICS: IdahoSTARS IdahoSTARS Request for Discussion Regarding Childcare Standards in Idaho i Uj 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 Jacy Jones From: Amanda Watson <AmandaWatson@redskypr.com> ;ent: Thursday, October 16, 2014 10:29 AM To: clerk Subject: Request for Agenda Time Good morning, I am writing to you on behalf of the IdahoSTARS project and the Idaho Association for the Education of Young Children. The IdahoSTARS project is a collaboration of AEYC and U of I and their work resides in the referral, professional development and promotion of quality child care in Idaho. As you well know, each city in Idaho regulates child care a little differently. I am writing to request 15 minutes on the City Council agenda on November 18th for Beth Oppenheimer, the Director of the Idaho Association for the Education of Young Children to discuss standards of child care in Idaho and how the City of Meridian can help raise that standard. Please let me know if this is possible. I look forward to hearing from you. All the best, AMANDA WATSON I SENIOR ACC'OUN'T EXECUTIVE Red Sl y Office: 208.287.2199 Cell: 208.407.8850 aiiiandawatsoii@redskypi-.com By -A% • •PTZIWANMEH ITEM TITLE: EXECUTIVE SESSION Yd A 1 M ► 11111411 41 im 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