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2015-02-03ILlI1 V -. CITY COUNCIL REGULAR MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, February 03, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance by Scout Troop 419 3. Community Invocation by Stephanie Moore, Ten Mile Christian 4. Adoption of the Agenda Adopted 5. Proclamation A. Skills USA Proclamation 6. Consent Agenda Approved A. Approve Minutes of January 27, 2015 City Council Regular Meeting B. Approve Minutes of the December 30, 2014 Special City Council Meeting C. Award of Bid and Approval of Agreement to CIRCLE H CONSTRUCTION, INC. for the "FIBER OPTIC CONSTRUCTION- CITY HALL TO WATER & WASTEWATER" project for a Not -To -Exceed amount of $229,111.13. D. Approval of Purchase of Pierce Arrow Fire Engine from Hughes Fire Equipment for the Not -To -Exceed Amount of $520,000.00 and Authorize the Purchasing Manager to Issue and Sign a Purchase Order. E. Sanitary Sewer and Water Main Easement for Linder Springs F. Water Easement with C4 Land, LLC for Citadel 2 Meridian City Council Meeting Agenda — Tuesday, February 03, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. G. Pedestrian Pathway Easement Between C4 Land LLC and the City of Meridian Regarding Citadel 2 Mini Storage Development H. Development Agreement 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 I. Final Order for Approval: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's on the Final Plat J. Final Order for Approval: FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Single -Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District K. Final Order for Approval: FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8) Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning District 7. Items Moved From Consent Agenda None 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Mayor's Office: Resolution No. 15-1047: Appointing Jo D Greer to the Meridian Parks and Recreation Commission Approved C. Community Development: Final Presentation of Findings: Multipurpose and Event Center Project Development Plan D. Public Works: Budget Amendment for Old City Hall Tenant Improvements for 2015 for the Not -to -Exceed Amount of $69,390.00 Approved Meridian City Council Meeting Agenda — Tuesday, February 03, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearing: VAC 15-001 Denison Vacation by Tealey's Land Surveying Located 3244 W. Salix Drive Request: Vacate a Portion of the 5 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the South Boundary Lot 17, Block 11 Platted with Jayker Subdivision No. 1 Approved B. FP 15-001 McLinder Subdivision No. 2 by TS Development, LLC Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Final Plat Approval Consisting of Seven (7) Building Lots on 5.37 Acres of Land in the C -N Zoning District Approved 10. Ordinances A. Ordinance No. 15-1637: An Ordinance (RZ 14-003 — Kinsley) For The Re - Zone Of 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; Establishing And Determining The Land Use Zoning Classification Of L -O (Limited Office District) And R-15 (Medium -High Density Residential) Zoning District To C- C (Community Business) Zoning District; And Providing An Effective Date Approved 11. Future Meeting Topics None Adjourned at 7:41 p.m. Meridian City Council Meeting Agenda — Tuesday, February 03, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council February 3, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 3, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, David Zaremba, Charlie Rountree, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Bill Parsons, Warren Stewart, Jamie Leslie, Perry Palmer, Ken Corder, Steve Siddoway and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam _X Lucas Cavener X Mayor Tammy de Weerd De Weerd: I'd like to welcome everyone to the Meridian City Council meeting. Thank you for joining us. It's always nice to first see our youth in our Council chambers. Our Boy Scouts that we get to see on a regular basis as they earn their citizenship merit badge and certainly we always love to see our Skills USA students. So, thank you for joining us. And that doesn't mean that you're all chopped liver. We love to see our business community, our development community, and our citizens. So, thank you all for joining us. For the record it is Tuesday, February 3rd. It's 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance by Scout Troop 419 De Weerd: Item No. 2 is our Pledge of Allegiance. And tonight we will be led in the pledge by Troop -- Scout Troop No. 419. If they will, please, come forward and I will ask the rest of us to all rise. (Pledge of Allegiance recited.) De Weerd: If I could ask the scout troop to step forward, I'd like to offer you a City of Meridian pin for leading us and thank you for joining us tonight. Thank you. Item 3: Community Invocation by Stephanie Moore, Ten Mile Christian De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will led by Stephanie Moore. She is with Ten Mile Christian Church and usually I say Cherry Lane Christian. Creature of old habits. But if you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you. Meridian City Council February 3, 2015 Page 2 of 33 Moore: Will you pray with me. Our God, we are so grateful for this evening and that we have, first of all, a community that cares about honoring one another and what's best for the community as a whole and I thank you that your meetings are overseen by people who generally want what's best and also by people who our committed to contributing their desires and hopes for our -- the future of our town and I -- I ask that, because you care about the things that are going on in our lives, large and small, the things that are in the community, that you would guide this meeting this evening, that you would honor people and bless them for committing to be here and have their voices heard and to oversee the things that are going on and, God, we thank you for your continued blessing and the fact that you turn your attention toward us and we love you and honor you in return, in Jesus' name I pray, amen. De Weerd: Thank you, Stephanie. I look forward to seeing your dad tomorrow Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 8, the resolution number is 15-1047. On item 10-A the ordinance number is 15-1637. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Skills USA Proclamation De Weerd: Item No. 5 is a proclamation and I'm going to move down to our podium, so I will pick it up back there. I'm going to ask you all to come and stand behind me as I read this proclamation. Every year we are very privileged to have the Skills USA students join us for the reading of a proclamation, but also it gives us an opportunity to be introduced to each of them, so I don't know if your teacher had told you this -- Mr. Enger told you this or not, but you get to each introduce yourself and tell us what year in school, what school you go to, and what your competition is when you go to the -- in the Skills USA competition. So, after I read this I'm going to turn this over to your teacher and, then, he will have you introduce yourself. So, whereas the City of Meridian is proud to recognize deserving citizens of the community, especially students who accomplish great things on Meridian City Council February 3, 2015 Page 3 of 33 behalf of their community, and whereas Skills USA Team Renaissance willingly performed numerous hours in planning and constructing a home within one school year in Frazier Place Subdivision where students work during class time and weekends for a deserving family and whereas Skills USA Team Renaissance has demonstrated their willingness to educate not only citizens of Meridian, but also state and federal legislative officials about the meaning of Skills USA and whereas Skills USA Team Renaissance has reached out to other community organizations, such as the Lion's Club and the City of Meridian to build and install free little libraries, which will promote literacy among students and adults alike and whereas Skills USA Team Renaissance has demonstrated their construction skills to build a school district storage facility scheduled to be used by Willow Creek Elementary to be completed this school year and whereas Skills USA Team Renaissance has consistently achieved. a national rating of the top ten in the nation in their national competition at Skills USA and whereas Meridian acknowledges Skills USA and Team Renaissance and the efforts of their classmates in Mr. Enger's and Mr. Grover's residential construction classes in achieving their many accomplishments, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim February 6th as Skills USA Team Renaissance Day here in the City of Meridian and I do ask that all of the people in the Treasure Valley celebrate the accomplishments of these amazing individuals and what they have been able to achieve as Skills USA Team Renaissance. So, I'm going to turn this over to Mark and ask you make a couple of remarks and, then, introduce your students and I do have this proclamation for your scrapbooks and a letter to also include in that as well. So, I will present this to you with my congratulations and appreciation. Enger: Thank you, Mayor de Weerd, as well as the City Council members here. It's always a pleasure to find our way here every single year, which was extremely grateful on your part to invite us in and I appreciate it to no end, as well as so do the students. I'm not much of a person to get in public speaking per se. My students will probably disagree on that issue during the lectures in class, but -- oh, well. The kids do a terrific job. They are out there day after day working on either the storage facility for the school district, which will save countless dollars for the public or the particular home that we are building for Habitat For Humanity. It happens to be the 16th home in 16 years. It's a great partnership. Another adventure we took on this year was the free little libraries, which is a combination of several groups coming together and promoting literacy. We wanted to, obviously, help out in any manner whatsoever to, obviously, promote reading among all, young and old alike. So, hopefully, with all these accomplishments that these kids have done -- it's not me. Please understand that. It's not Mr. Grove. It's not other faculty members. It's the students and it's really quite nice to see their accomplishments at the end of the school year. So, with that I would have each particular student introduce themselves, because I am terrible with names. They already know that. And they will discuss, obviously, which high school they are from and what their competition at Skills will be and, hopefully, we will make it to the next level, which would be the national competition in Louisville, Kentucky, which would be a great opportunity. We do have one Skills member here who happens to be a gold medal winner from last year. He has his metal with him, which is very impressive, something that I, myself, personally have never had an opportunity to even get in close to and he has an opportunity to go back to back Meridian City Council February 3, 2015 Page 4 of 33 gold medal winner for the state of Idaho and, obviously, Team Renaissance, as well as the City of Meridian and West Ada School District. So, with that we will start to the right and we will go from there. Thank you. Walters: My name is Marissa Walters and I go to Meridian High School and I am working on the 16th home, residential construction. Cuenca: Hello. My name is Brian Medina Cuenca. I am currently in the building and residential construction year two and I am participating in the building construction. Adams: My name is Taylor Adams and I am in the -- I go to Mountain View High School, but I -- but I do -- I'm in residential construction year one and I will be presenting -- or demonstrating a job skill demo for how to install a window. Yeah. With energy efficiency. Vasquez: My name is Ricardo Vasquez and I go to Mountain View High School and I am participating in community service. Quinn: Hi. My name is Josephine Quinn. I go to Renaissance High School. I am a member of Skills USA and also president. I am a member in the building construction level one this year and in Skills USA I'm a participant in community service where we are building the little free libraries. Reeder: My name is Nate Reeder. I go to Centennial High School. I'm in the digital home technology integration class year three and this year I'm competing in the residential systems integration -- installation and maintenance and it will be my second year competing. Cortez: I'm Peter Cortez. I am a year two in DHGI and I will be competing in -- the same thing as Nathan Reeder. Eldridge: I'm Carly Eldridge and I am in the first year of construction and we are doing American spirit, which is -- has three parts to and it's patriotism, the duty to your community, and community service, which is the free libraries. Curtis: I'm Emily Curtis. I go to Centennial High School and the same thing as Carly, helping out with free little libraries, community service, and for America spirit. Lott: My name is Alex Lott. I'm a junior at Centennial High School and I'm participating in related technical mass. Nelson: My name is Jared Nelson. I am currently in residential construction three and my skills competition is carpentry where we build a mock up as a house with a floor, two different types of walls and common rafter framing. Meridian City Council February 3, 2015 Page 5 of 33 De Weerd: I'm not going to introduce myself or my school. But I would like to ask that you join me in congratulating these young leaders and the accomplishments they have achieved thus far. Yes. You don't have to stay for the rest of the -- only if you want to. Item 6: Consent Agenda A. Approve Minutes of January 27, 2015 City Council Regular Meeting B. Approve Minutes of the December 30, 2014 Special City Council Meeting C. Award of Bid and Approval of Agreement to CIRCLE H CONSTRUCTION, INC. for the "FIBER OPTIC CONSTRUCTION - CITY HALL TO WATER & WASTEWATER" project for a Not -To - Exceed amount of $229,111.13. D. Approval of Purchase of Pierce Arrow Fire Engine from Hughes Fire Equipment for the Not -To -Exceed Amount of $520,000.00 and Authorize the Purchasing Manager to Issue and Sign a Purchase Order. E. Sanitary Sewer and Water Main Easement for Linder Springs F. Water Easement with C4 Land, LLC for Citadel 2 G. Pedestrian Pathway Easement Between C4 Land LLC and the City of Meridian Regarding Citadel 2 Mini Storage Development H. Development Agreement 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 Final Order for Approval: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's on the Final Plat J. Final Order for Approval: FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Meridian City Council February 3, 2015 Page 6 of 33 Single -Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District K. Final Order for Approval: FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Invest G. Pedestrian Pathway Easement Between C4 Land LLC and the City of Meridian Regarding Citadel 2 Mini Storage Development H. Development Agreement 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 I. Final Order for Approval: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's on the Final Plat J. Final Order for Approval: FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Single -Family Residential Building Lots and Six (6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District K. Final Order for Approval: FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8) Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning Districtments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8)Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning District De Weerd: Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm move that we approve the Consent Agenda, authorize the clerk to attest and the Mayor to sign. Bird: Second. Meridian City Council February 3, 2015 Page 7 of 33 De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, you will call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 7: Items Moved From Consent Agenda De Weerd: There were no item moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move into our Department Reports. We get to kick off tonight with an enthusiastic and energetic report from Mackenzie and she is going to tell you what the Mayor's Youth Advisory Council has been up to and give you an overview of the exciting day they have had as well. So, come on forward. Lawrence: Madam Mayor, Members of the Council, my name is Mackenzie Lawrence and I'm the vice -chair for the Mayor's Youth Advisory Council and today I'm going to be presenting on what was accomplished this month in January. This is our third update for you. So, to begin I'm going to talk about the legislative town hall that we were able to present at. We kind of used this as an opportunity to present on our seatbelt legislation. We got to use that as a sort of sounding board. We got a lot of very helpful feedback and we were able to answer questions and consider things that had never thought about when moving forward into our next event, which was our legislative breakfast. We held that on January 17th and we hosted six Idaho senators and legislators and representatives and we had a presentation where we presented the statistics about seatbelt use in Idaho, specifically regarding teens and car crashes are the number one killer of teens in Idaho and we have created a legislation -- a piece of legislation to make seatbelts a primary -- a primary law for all the state of Idaho for 19 or younger and we presented our legislation, along with statistics and are asked for a hearing in the house and the senate and we were able to secure two sponsorships from Senator Winder and Senator den Hartog. Following that we have been granted a hearing in the senate and in the house for the Idaho legislature and we had great success and a great learning opportunity at the legislative breakfast. It was amazing to speak with our legislators and hear their feedback and them to give us their support going into the next chapter of our -- of our kind of goal for the legislation. So, following that we aired our iClip video, which is a PSA that students from the youth council were able to put together and this was viewed statewide. So, we are going to show you the video, actually. Meridian City Council February 3, 2015 Page 8 of 33 (Video played.) Lawrence: So, that was another one of our advocacy pieces that we have done in conjunction with our various youth summits and different activities. So, following the airing of that we got to participate in Youth Lobby Day where about 20 of our students got to go to the state capital building and we met with over 27 legislators and we got to talk to them about the importance of physical education in schools and proper nutrition and how that affects children and affects teens going into adulthood. So, that was a really fun day and a great experience. We got to sit on a house session and kind of see our state legislature in action and we had a really amazing time and we met a lot of really amazing people and we got to interact with other youth councils from Nampa and Caldwell, I believe, and share ideas and kind of see what they are doing and what we are doing and how we can help each other. So, immediately after that, actually, we got to go to the Ada County Highway District and present our legislation once again in hopes of gaining them as a partner, because we could have not -- we could not have gotten as far as we have and had as much success as we have without our amazing sponsors, like the Idaho Transportation Department, Buckle Up For Bobby, the City of Meridian and we got unanimous support from the ACHD committee in full support of our legislation and we gained the support of their lobbyists and that was a really great opportunity for us to gain another big partner in moving forward with the legislation. So, after that we hold a monthly teen activity and this month just happened to be at Super Drome where everyone got to go to the roller drome and bring a friend and they dressed like their favorite super hero. We like to have events where students don't just have to come and plan things and, you know, do serious things, like talking with legislators, we like to create an environment where they can just have fun, be with other teens that also just want to have fun in a safe environment and everyone likes to dress up every now and then. And so after that -- today, actually, we got to partner again with the American Heart Association, as well as Dutch Bros and we were able to teach almost a thousand people today how to do hands only CPR. Dutch Bros was an amazing partner and they gave everyone who was listening to our demonstration and talked with us a dollar off their drink and we spent seven hours in the rain, but it was totally worth it and we were able to talk to a lot of people and it was a really amazing event with some really great kids. And I think that's just all we have done in January. De Weerd: Now, just -- not just. Mackenzie, you have pulled me aside and told me something. In our youth council meetings we also share examples of the Meridian Way and she shared a couple of examples about the Meridian Way acts of kindness today. You might want to share at least one of those stories. Lawrence: Sure. So, today while I was standing in the rain with my fellow council members a lady offered to buy us drinks for all our hard work and while Dutch Bros was supplying us with as much coffee as we could possibly drink, I thought it was really heartwarming, actually, that she, you know, cared about not only what we were showing her, but also that we were taking time out of our day to kind of, you know, share this with our community and how to make it a safer place, so I think that was a really good -- it just struck me as a really amazing example of Meridian Way that she was willing to do that for us, because we were trying to help our community and also a lady was paying for her Meridian City Council February 3, 2015 Page 9 of 33 drink and they accidentally gave her too much money and she ended up coming back a few hours later I guess when she realized and she gave Dutch Bros back the money that she owed them for her drink and I thought that was also another amazing example of how people in our community go out of their way to help local businesses and to help everyone just kind of keep on going. De Weerd: Thank you, Mackenzie. Council, any questions or comments? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Mackinzie, I'm exhausted just listening to everything that you guys accomplished in the past month and it's really incredible and it's fascinating to hear. I appreciate you coming and giving us a presentation. I'm hoping you might be able to share with me why do you do this. Why do you participate in youth council? Why do you stand out in the rain for -- for seven hours? What is it about it that gets you excited? Lawrence: I think at first when I first went on the council it was a little bit because my friends were doing it and I was interested and also a little bit because, wow, this looks so great, you know, I was a junior last year, but I think I stayed because, first of all, our advisors, the Mayor and Ken, they are amazing. I mean they inspire us so much just how to go out and do the best that we possibly can and the people that -- I have met some amazing people and I have made great friendships and the stuff that we are doing in our community I think is really having a positive effect. You know, I was a debater, I did that for a few years and I really liked it, but it never really did anything. But me talking to legislators, like actually passing a bill, that's doing something that makes a difference and I think that's why I keep doing it, why I stand in the rain for seven hours. Cavener: Thank you very much. Keep up the good work. Lawrence: Thank you. De Weerd: Anything further from Council members? Rountree: Thanks for what you do and I wish you well in your effort with the seatbelts. Having worked on that particular issue a number of times in the past it's -- it's going to be an uphill battle, but it sounds like you have got a pretty good in right now, so good job and keep it up. Lawrence: We are battling. We are ready. De Weerd: It's all in the timing; right? Lawrence: Very true. Meridian City Council February 3, 2015 Page 10 of 33 De Weerd: Well -- and the passion of our students and we have some very passionate young leaders and it's always Ken and I's honor to see these young leaders just blossom right in front of our eyes and this is one of those. So, thank you for joining us this evening and for giving the report and -- and I can assure you, Councilman Cavener, it is exhausting. That's why Ken has gray in his beard. Thank you. Lawrence: Thank you. B. Mayor's Office: Resolution No. 15-1047: Appointing Jo D Greer to the Meridian Parks and Recreation Commission De Weerd: So, Item 8-13 is Resolution 15-1047. Council, in front of you I do have a recommendation to appoint Jo Greer to the Meridian Parks and Recreation Commission. Council -- or the commission chair and I took time to interview a number of individuals and I can tell you that Jo is going to bring a lot of passion, a lot of talent to the commission. I will brag on Jo for a moment, because she did design the staging at the Winter Lights Parade this year and I just thought it was fabulous and so I do want to give her kudos for that, because she did have her way and so I saw that as great initiative and I can tell you that our commission chair agreed with me and Matt Stoll was our chair this year and he was very exited about bringing Jo's name forward as well. So, we would ask if you have any questions and if there aren't any I would ask for your confirmation of this appointment. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1047. Rountree: Second. Bird: That's good. We are done. De Weerd: I have a motion and an enthusiastic second to approve the appointment of Jo Greer. Any discussion? Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: And I'd like to introduce you to Jo Greer. Jo, if you would like to say a few words, please, come on forward. And I hope I didn't embarrass you about your accomplishments, but you added great energy and talent to our event. Meridian City Council February 3, 2015 Page 11 of 33 Greer: Well, thank you. I appreciate it. You know, honestly, when you do something like that you don't really expect kudos, so I guess it's a little humbling to have you say something and thank you for voting me into the parks and rec commission. I'm very excited to be a part of the team and be a part of the City of Meridian in the future. I am a resident. I have a child that's in the school district. My husband would be here, but he has the flu, but we are very excited about the opportunity, so thank you very much. It's a great community to be a part. I'm honored. De Weerd: Well, thank you, Jo, for joining us tonight and welcome on board. We look forward to working more directly with you. Greer: Yes. And another parade. Thank you. C. Community Development: Final Presentation of Findings: Multipurpose and Event Center Project Development Plan De Weerd: Okay. Item 6-C is under our Community Development Department and I will ask -- I will turn the mike over to Bruce Chatterton and he will introduce Sean, who is becoming a regular here. Chatterton: Yes. he is. De Weerd: I think you need to move to Meridian, by the way. There you go. Chatterton: Mayor and Council Members, he's going to do most of the heavy lifting tonight, as usual, but I'm really happy to cue up this final presentation for the project development plan. As you remember, the -- our economic development strategy identified several catalyst projects, so the work that was done by Sean and his team at Pegasus focused on a couple of those key projects for this -- this current effort. We have made some real progress on those projects and you have had just a taste of that about two weeks ago. We have not only demonstrated that there is a demand for these projects -- and that's both antidotal and in terms of data, but we also have some very intriguing concepts that have been developed further since you last saw this. Perhaps most importantly we have a better idea of who some of our key partners might be if we move forward with these projects and I'm really gratified tonight to see representatives from the Chamber, from MDC, and from the arts community here tonight. So, if we do all this right -- we don't know exactly how this is going to turn out. You never do in an effort like this, which is complex and requires a broad based partnership -- set of partnerships, but if we do this right, we might be able to provide Meridian with some much needed conference space, attract a hotel developer, meet the needs of the performing arts community for a small to mid size indoor venue and maybe even redevelop two blocks or more of our downtown core, creating new vitality and energy for not just the downtown, but the entire city. And that's -- having set expectations high, I'm going to turn it over to Sean. De Weerd: Thank you, Bruce. Meridian City Council February 3, 2015 Page 12 of 33 Garretson: Thanks, Bruce. Good evening, Mayor and Council Members. It is good to be back again. In fact, as Bruce knows, my girlfriend was with me over the weekend and we are actually looking at places in the region to potentially relocate. De Weerd: You -- now wait a minute. You said region? Garretson: I did say region. I keeping my options open. Moving on. So, you know, as you know sometimes these economic presentations can be a little bit boring and dry, but I tried to pick up on a theme and have a little bit of fun with it. So, to be or not to be. A destination. That is the question. Our final recommendations really are recommending a performing arts center and a hotel conference, both in the downtown -- downtown Meridian. Both are definitely going to jump start downtown revitalization and have a tremendous impact -- economic impact on the entire city. The presentation topics -- you know, on the last discussion, the last presentation, we spent a lot of time reviewing some of the data. I'm going to breeze through some of that, but we will still review some of the findings, talk mostly, though, about the recommendations and the economic impacts of those recommendations, next steps, and, then, have some time for discussion. These are those key findings. We have reviewed some of these before, but just to reiterate, there is a lot of stakeholder interest in a new performing arts center. I think there are a lot of folks here in the room and if they want to raise their hands behind me that I think have been involved in this project on the performing arts center side -- a lot of folks from the Chamber of Commerce and the Meridian Development Corporation. We have had a lot of meetings with a lot those folks. There is a lack of a higher end hotel in Meridian, lack of a conference center and meeting space in Meridian. No meeting space or hotels in the downtown area and, excuse me, existing local meeting space is controlled privately. So, for the Chamber or MDC or the city to have functions, you are at the will of a private entity. And, of course, you do have land and assets owned in the downtown by the city and MDC that could be used for leverage and reiterating what Bruce said, you know, not every client of mine implements all the recommendations and I just really want to applaud you in moving forward. I know the agenda item after this is also about the new Ventures Lab, but this project is also about one of the catalyst projects in the economic development strategy, the conference center. So, we talked about this already. I'm not going to reiterate this. There is a lot of stakeholder input that went into this. Interviews. Focus groups. Presentations. Business surveys. Site visits. A lot of city staff has been involved, as well as MDC board, Chamber board, and I really want to thank them all for their input throughout the whole project. It's been about three months since we started this. Reiterating just the -- the data side of things, Meridian is definitely underserved in terms of meeting space. There is about a million square feet of conference and meeting center space in the region. You occupy three percent of that. You only have 13 percent of the space of what Nampa has and the majority of the meeting space in the region is definitely away from downtown Meridian. When we look at your population and what it's projected to look at -- or to grow at, excuse me, by 2025, you will easily, just be looking at the current ratio of square foot of meeting space per capita and projecting that out to the population, you would have a demand for 18,000 square feet of space, which is exactly what we are recommending. So, on the performing arts center side of things -- and I did take some liberty -- Autumn, you're in the back of the room. That is a picture off of your Meridian City Council February 3, 2015 Page 13 of 33 website and you're noted at the very end of this presentation, but thank you for letting me borrow that. So, users that we have been analyzing throughout this project are all on the right bullets. All have expressed interest. Autumn has done a great job in working with the -- in this performing arts committee and having monthly meetings and I know a lot of folks at the Chamber and MDC and the city have been involved in that, too. But there is definitely an interest and a need among all those performing arts groups, continue even as of this weekend meeting with some of those and talking more about their interests and their opportunities. The Boise performing arts space is not sufficient for several of the Boise based groups. All prefer to definitely be in downtown Meridian and they all have kind of common interests and common needs and those are -- those are illustrated at the bottom. In turning to the hotel market in Meridian, you know, the occupancy rate has definitely increased significantly, especially in Meridian. You have one of the highest occupancy rates of any of the markets -- hotel markets in the valley at 66 percent. I think that's even higher now. Your rates -- your nightly room rates have increased substantially and, you know, again, just to reiterate, we will talk about it a little bit later, but a lot of the hotels that are in Meridian, especially those east of Eagle Road, they are currently in the Boise Auditorium District. I have a slide specifically on that a little bit later. So, there are three concepts -- you know, again, we started off with a -- with a wide range of potential uses, even including sports complex facilities, but they have been narrowed down to three concepts. Concept A is a performing arts center. Concept B1 is a conference center, no hotel, and Concept B2 is a hotel and conference center. All of those concepts -- all those parameters that go into that were based on, again, a data and stakeholder input. So, these are the two sites that we ended up looking at after a lot of different sites. You're familiar with these, we have looked at these already. The first one is pretty much the entire Harvest Church on State, with Pine on one side and Meridian and Main and, then, Idaho on the other side. And, then, the second site, B, for both B1 and B2, is the old city hall block where the city owns currently the old city hall and, then, MDC owns the two -- those two sites on the -- down over there. So, the first site in terms of its overview, again, almost all of it is owned by the Harvest Church, except for this area -- oops. This area here and these buildings. All of the rest of that is owned by Harvest Church and the facility itself, again, if you haven't been in that, already has about 850 seats. We had -- since our last presentation we had ESI go in there and analyze that, we got the Harvest Church site plan, the building plans, we had the performing arts groups go in and analyze that, give me a lot of feedback in terms of what would need to happen in order to get that up to speed. ESI, then, took that information and generated -- did this on their -- on pro bono, which is very nice of them, but generated very detailed cost estimates for renovations for that facility based on exactly the needs and interests of the performing arts groups. The old city hall site, again, all of it is owned by the -- the city or MDC, except for those parcels. So, again, this is the old city hall. These are the MDC sites. I know Venture Lab you are all talking about is going into here and that should continue. Again, this site would be for both B1 and B2. So, after all that is said and done, you know, the -- excuse me -- the report details recommendations for the performing arts center, which is A, and, then, just a conference center, which is B1 and, then, a hotel/conference center, which is B2. Our recommendations are move forward with A and B2. It doesn't make sense to just stop short of the conference center when there is a demand for a hotel and there is an opportunity to put that into downtown. So, my -- the rest of my presentation is Meridian City Council February 3, 2015 Page 14 of 33 going to be mostly focused on the hotel conference center and not just a hotel. So, this is the site for -- the site plan -- again, Brian McClure with the city did this for us, really thank him for that. For A and B2. So, both the performing arts center and the hotel/conference center. I'm going to talk in details now about each one of those. Again, these renderings were also done by Brian. He's quite a talent, guys. So, the concept here is convert the whole Harvest Church site into a shared performing arts center. The renovation cost -- construction cost estimates will be about 4.5 million. It does not include the purchase of that facility, but it does include 22,000 square feet in the main floor, 5,500 square feet in the basement offices, and, then, an additional 5,000 square feet, which is the old -- old library I think -- maybe originally the old prison and, then, the old library and -- and so a total of about 32,000, 33,000 square feet. Where you're looking at right here is from the old city hall site, looking this direction and, again, if you remember this site plan has the connection going from that potential entrance over -- over to where the old city hall is and where the new hotel/conference center would be. So, the hotel conference center in that site -- again, that concept is redevelop the old city hall parcel to accommodate a two story conference center and a 150 room hotel. So, the hotel itself would go on -- on this location where the -- where the existing city hall is and the conference center could be here. This is a massing diagram that was developed again by Brian, that illustrates -- the red is where the existing hall is and, then, you can see where the conference center would be located here and, then, the hotel here and, then, the performing arts center here. So, you know, all said and done, you would generate an incredible amount of activity in your downtown, really help to revitalize a lot of the other areas in the downtown, bring a lot of activity into the downtown as well. So, this cost estimate is about 31 million for the hotel/conference center itself, separate from the cost of the -- of the performing arts center. So, one of the things that we did for you all was we -- we looked at what are the -- what are going to be the economic impacts of both of these facilities and so not to get into all the detail, unless you want me to, but on the performing arts center side, first of all, in that case we anticipated that it would be not privately owned, although we will talk about it in a second, that is an option, so we didn't look at property tax or anything like that from it, but just looking at the construction, renovation of it, you can see that with a total renovation cost of 4.5 million, the economic impact -- and this is -- those of you who understand this -- we only did a primary, we did not do secondary impact. All the -- all the assumptions for that are in the appendix. I won't bore the rest of the folks who don't like this kind of stuff with that detail. But the bottom line is it's a very conservative economic impact analysis, so the total economic impact of just during construction is an additional four million dollars and would generate about 49 jobs just during the construction phase and renovation sale -- or, excuse me, renovation. In terms of annual revenues -- and that for everything down below that, you can see on the -- I will get to the bottom figure, about 2.8 million in total economic impact and 17 jobs and part of that is, you know, for those patrons that come and -- come to it, we are going to need retail sales downtown, we were very conservative in that and said of ten percent of the patrons they would spend 30 dollars downtown. I think that's very conservative. In talking to some of the other folks in theater and performing arts, I think you would see more of that kind of an impact. On the -- on the conference center side of things with a hotel, again, the construction cost, 31.2 million, that economic impact is very significant. You're buying a lot of goods and materials, you have a lot of jobs, so you have about 340 jobs that are created just during Meridian City Council February 3, 2015 Page 15 of 33 the construction phase of that. Now, again, I have friends in Austin that they develop these small scale grocers. Their best locations are where you're doing a lot of construction activity. So, this did not really factor in all of the retail spending that -- those construction workers would have downtown. It's really looking at on the goods and services, what that impact would be. So, you're looking at about a 27 million dollar economic impact just generated from that. Three hundred and forty jobs created during construction. When you look at the annual revenue, again, we didn't -- this one doesn't factor in property tax, sales taxes, strictly just the amount of retail sales, the amount of conference bookings, amount of hotel revenue and that total brings you down to about 6.8 million in annual economic impacts, with the job creation of about 43 jobs. What this does not factor in is -- if you remember Brenda Sherwood has been suggesting from the very beginning to look at the Kirkwood, Iowa, model and in that model they use students from their local community college in the operation of the kitchen and that facility and so I do think this continues to be a very good example to look at for you all. So, there is that whole other economic impact of helping students with very real world jobs in their training for culinary, as well as other things. On the auditorium district, I wanted to just mention this. I know this has been something we have asked -- we have been asked to take a look at. So, this red line on the -- or this red graph over here is the Boise auditorium district. You all probably know and I mentioned it earlier, that many of your hotels on the east side of Meridian Road -- so, essentially, all these over here on this side are in the Boise Auditorium District. Now, those could be de -annexed. That is an opportunity. That is a possibility. But what we did is we just did some -- some calculations looking at a five percent auditorium tax on annual sales and if you go down to this area right here, I'm going to just focus on this for just a second. So, right now in Meridian you have 929,000 that could be potentially generated from an auditorium district. Those -- so right -- of that -- of that amount about -- oh, about 180,000 is actually generated currently for the Boise Auditorium District. So, if you were to apply an auditorium district right now on those hotels that are in Meridian, but outside of the Boise Auditorium District, you would generate about 730,000 a year. Now, if you include the proposed hotel with 150 rooms on top of that, that would -- excuse me. On top of that, that total amount would be about 870,000. So, my point in this is if you look at adding all the hotels that are currently in the auditorium district and those that are -- excuse me. Let me just rephrase that. If you are including all the hotels that are in the city limits of Meridian and add to that the hotels that would be generated from a new hotel, you would be looking at close to one million in annual revenue from an auditorium district. Okay? So, what we are recommending in terms of next steps in terms of a performing arts district is although a lot of the performing arts groups have been involved, you know, they still I think need to gather and reach some consensus on a project concept, the space needs, really identifying what funding they have, other issues that they might have, finalize their preliminary performa for purchase and operations. Potentially submit a -- at least a contract for purchase or an option contract on the church site, including the land and the buildings. I do think, though, that you can begin leasing -- and I say you -- performing arts groups can begin leasing right now for their short-term needs. The Harvest Church has not used that -- the performing arts center -- or their -- their facility on a regular basis, and so there are opportunities now for that. And, then, you know, finalize a design and kind of move forward. I do encourage looking at trying to encourage the redevelopment of the multi- Meridian City Council February 3, 2015 Page 16 of 33 family property adjacent to the church and, then, you can see some of the other things -- a third party assisting with planning development, definitely a third party for ownership and management and operations. You're going to need an objective third party. You know, whether or not a performing arts or -- you have a lot of folks that are involved in something like that and it's like herding cats type of an operation, so you need on objective third party for that type of thing. And, then, work -- definitely work to assure that there is that pedestrian connection between the performing arts center and the conference center and Main Street. For the hotel/conference center I do encourage you to move forward with the improvements for the new Ventures Lab in the existing city hall -- or the old city hall. And, then, you know, begin more discussions -- although we have involved some developers and hotel operators to kind of look at our work and give us feedback, but continue to involve them, looking at potential private partners, do a little bit more analysis in terms of reaching out to event planners, get some better estimates on the exact types of conferences that could be booked, the amount of revenue that could be generated. Interview some of those cities that have those conference centers and public/private centers and, then, again, move -- move forward with the relocation of Venture Labs in the second story. So, overall, though, next steps, what I would recommend is a joint approach and I'm not harking back to the '60s on that comment. I'm recommending that you develop a request for proposal for both sites, that you send out a request proposal to developers saying we want to redevelop both of these sites, we want to see your proposals. In the develop what the community benefits would be in terms of what was needed -- what would be needed in each of those proposals, developing a scoring criteria, so that would allow the city to objectively score each of the proposals and, then, move forward with soliciting developer proposals from across the country. I know there are folks in this area and region that are interested in this. I have talked to folks in the Austin metro area that are interested in this. So, there is not for a lack of interest. The other thing is I think it's very critical to develop a sources list, meaning what skin in the game does the city and the Meridian Development Corporation have, meaning, first and foremost, the properties that, you know, you may, for example, contribute those as part of a development deal. So, a developer, when they are going to look at this, they are, obviously, going to develop their own performa and if they can look at what the values of the land are and that would be listed in the RFP with probably appraisals of both of those sites, they can -- they can do that. There are also interests among at least one, but probably two or three philanthropists in the region to contribute some funds to that. I think it's important to take that next step and develop a letter of intent with those philanthropists to know exactly what amount of monies those might be. You don't have to list them, name them in the RFP, but, again, I think listing that out as potential sources in the RFP I think is a good idea. So, with that being said, I'm going to pause there. I'm sure you have some questions and comments, but thank you very much for allowing me to work on this. It's been a fun project and, again, thank you for those in the room that have participated. De Weerd: Thank you, Sean. Council, any questions? Mr. Cavener. Cavener: Madam Mayor. Sean, this is great. You know, I think for a lot of the community you hope and you wonder what types of facilities like this can play a part in our community and I really appreciate you providing a lot of data that says, no, there is a demand for this Meridian City Council February 3, 2015 Page 17 of 33 and there are some huge opportunities. But one of my questions, though, really goes back to the number that you identified with ticket sales. De Weerd: You want to pull that -- Cavener: Sorry. Am I not loud enough? Sorry. But my question was -- one of my questions really was the ticket sales. Where is that number coming from and is that an assumption at the one year mark, the three year mark, the ten year mark? I mean it's a fascinating number to me, but I -- I'm having some -- I'm struggling to try and figure out where that came from. Garretson: Sure. So, we had a list -- and I can go through this a little bit right now. So, we have a list in the very back that includes all of the assumptions and I'm going to -- I'm just going to get to it, because I'm going to forget a couple of things. But -- okay. So, it includes basically beginning in operations, that's year one, and we are assuming 85 percent seat occupancy for a 1,000 seat facility over 25 weekends a year and at ticket sales of 30 dollars per seat, which I think is an average ticket sale price when you look at what maybe this Treasure Valley Children's Theater might charge versus something like a ballet. And, again, I think those are very conservative assumptions. Does that answer your question? Cavener: It does. Was there any -- and I guess I will make an assumption and you can correct me if I'm wrong. Garretson: Yeah. Cavener: Was that price for tickets -- I mean compared with what the -- like the Nampa Civic Center charges for their stuff and is that above or below? Was any part of your analysis taken with what other similar facilities are charging around the area? Garretson: It was, but we really asked specifically of operators and we looked at what the existing sales prices are for those users that are in here and I think we are pretty close to that amount -- that price. Cavener: Okay. Thank you very much. I appreciate that Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Sean, you mentioned towards the last of your presentation that there is interest in this both locally, as well as you mention Austin, Texas. What does that mean? Quantify that for me. Garretson: So, developers actually do like to bid on projects where the city has land and -- and is maybe contributing that, because it lowers their overall costs of -- of entering a Meridian City Council February 3, 2015 Page 18 of 33 market. Now, we had -- you know, one of the local larger development companies who has done work here in Meridian and in the region, we have had several discussions with them and they were -- they gave us some very specific feedback on it, such as, shocker, you need an auditorium district. You know, they want to see that there are some other revenue sources that would help them make that work and I -- for somebody who does development I totally understand that. For the folks in Austin, last week I met with two different developers, both of whom do hotels and I laid out everything for them and they both expressed interest and wanted to be included in the request for proposals. In talking to Bruce and Brenda earlier today, they brain stormed several ideas. There are -- both in the state, in the northwest, and throughout the United States there are several organizations. I'm not going to remember all of them, Bruce, that you mentioned, but Urban Land Institute, for example, is another one where there are developers that are -- that are participant members and they look for these types of things. Did that fully answer your question? Rountree: Yes. Follow up. How elaborate does the RFP have to be? Where do we go from here in terms of cost to prepare such a document? Are we near? Is there another step -- another professional that will do that? Garretson: Well, honestly, I think your -- your -- so, your question was -- I will just repeat it. In terms of the RFP process, what's required and what's next. I think your staff here could definitely do that. I have been involved with that in other cities and I think the first step in that really is identifying the meat that's going to go in that and so finalizing what the concepts are, finalizing the approach, if you're going to do a joint thing and, then, also laying up very specifically what the community benefits are that must be achieved and, then, the other aspect is develop a scoring criteria and, Bruce, do you want to mention anything on that? Chatterton: Well, Mayor, Council Member Rountree, we -- if you like the direction tonight -- that you hear tonight, one of the things we would do is begin to talk to our partners and to some of the folks that we have already engaged in the development community and talk about what would be attractive, what would you want to see in an RFP that -- if you would be interested in responding to. And I think we can do much of that at the staff level. There might be some areas of expertise that we would need to pull in. Sean and his company or perhaps some others. We really need to take a look at that and -- but beyond the basis of the conversations with the folks that we would hope would respond to -- to an RFP like this. And, again, the approach of the RFP would be to say there might be some things -- some knowns -- an auditorium district. That's maybe more of an assumption than a known. The availability of some publicly owned land and perhaps, as Sean mentioned, it's sort of an earmark for a philanthropic contribution and what can then say to the developer is what do you need? What's the gap? You know, in order to meet all these goals is there anything else you need. And so you would need any other contribution by the city, by MDC, by anyone else really as that last bit, what is that gap and I think we can come up with an RFP that does that mostly at the staff level, but I think that, you know, certainly it would be good to have advice and counsel from -- from Sean and others. Does that answer the question? Meridian City Council February 3, 2015 Page 19 of 33 Rountree: Yes. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a follow up to something that kind of Bruce talked about related to an auditorium district tax and something that you're not recommending, which I appreciate that. My curiosity is what's the reason for you not recommending that? Is that -- there is just not enough hotels in Meridian and, if so, in your opinion what's that number? Garretson: Sure. So, to clarify, I'm not recommending that be the first think you do out of the gate. Cavener: Fair. Garretson: Because, you know, we -- Pocatello is a really good example, you know, they came out, worked on an auditorium district, probably isn't going to happen, and they generated a lot of energy, activity, and -- and it looks like it might die. So, my recommendation is to not come right of the gate with that, but that's why I looked at the numbers that -- and it's significant. I mean you could see close to a million dollars in annual revenue, five percent coming back. So, you know, I forget the terminology that Bruce said, but it -- you know, sometimes when you have one of those things right out the gate it becomes the sole focus. There is so much more work that needs to be done before that happens. It doesn't mean that it couldn't be a concurrent track if that's -- if that's the approach that Council wants to take. Chatterton: And, Madam Mayor and Council Member Cavener, I think the other thing we wanted to emphasize is that the Greater Boise Auditorium District had, if you want to call it, the luxury of several years of having their auditorium district taxes build up and that's, of course, the reason they are able to -- to do the -- the major expansion in downtown Boise that they are doing right now that's underway. We didn't want to oversell that as something that we could immediately tap into. But it is I think a part of the funding puzzle. De Weerd: Any further questions from Council? Borton: Madam Mayor? De Weerd: Mr. Borton. Will you, please, move your -- yes. Borton: Sean, on the economic impacts, I presume that's Treasure Valley -- the data is Treasure Valley wide, it's not a Meridian specific; is that right? Garretson: Yes. That's correct. Yes. That's correct. Meridian City Council February 3, 2015 Page 20 of 33 De Weerd: Okay. Anything further from Council? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: So, the next steps following the joint approach, what do you see as a time frame on your crystal ball? Garretson: Do you want to talk about your crystal ball or mine? Chatterton: Well, they are probably the same. Garretson: Probably the same. Chatterton: Yeah. Madam Mayor, Council Member Milam, we want to -- we want to develop a schedule from here on out. We didn't do that on purpose, because we didn't know if you would like this approach overall. I mean now you have seen the whole thing, the secret sauce, you know all the ingredients and some of the directions. That is part of the plan that really -- really needs to be developed, along with the RFP. A lot of that -- and I don't want to -- I don't want to get squirrelly on this, but there is -- there is so many discussions that we still `need to have in order to get this right and I don't -- I don't want to over promise on that, but I would expect to come back to you in the very near future with an overall project schedule. Milam: Thank you. De Weerd: Okay. Any other questions? Any final comments, Sean? Garretson: I just wanted to add, Council Member Borton, page 34 has all of our economic impact assumptions. You can take a look at that. And, then, even prior to that it has a list of sort of all the multipliers and everything else we used. I figured you might be at least one of the ones on Council that would want to dig into that part. De Weerd: Okay. While we have you here, I would like to take a moment and thank the members of the steering committee. They have been awesome and after getting our economic audit really picking this up and starting to roll up their sleeves and get to work on a number of the -- the findings that Sean brought to us in the original economic audit and you would be amazed at how much they have actually been able to accomplish in moving this forward. Certainly Brenda and Bruce have been leaders to this, but have appreciated the MDC, the Chamber, Rob McCarvel, who has been chairing the steering committee and, lastly, probably would like to give kudos to Autumn as she's convened a number of the stakeholder groups and has added a lot of passion and energy and tenacity and I don't know if someone said herding cats, but there is -- there is a lot of different players and stakeholders that have been involved. Some of them have been deeply involved in our community for some time, like our Meridian Arts Foundation and our Meridian City Council February 3, 2015 Page 21 of 33 Meridian Arts Commission. So, our thanks to all of you who have just kind of joined arm to arm and have really gotten your arms around the possibilities and opportunities and just to preface before we have anyone think that any piece of property has been committed or anything, these are possibilities and opportunities and certainly they are worth some further investigation in how we can build a downtown that becomes that true destination and there is work to be done, but this is exciting work that has happened up to this point and we appreciate that. Chatterton: So, Madam Mayor and Council Members, if you would help me sum up my marching orders. First, we want to -- with your approval go ahead and convey the Mayor and Council's support for this -- this direction for further development of the ideas you have heard tonight to others, including the partners we already have with the Chamber, MDC and, then, the arts community. And, then, develop an overall schedule and, if necessary, the cost for developing request for proposal for the combined hotel/conference center and performing arts. Does that sum it up or -- De Weerd: Mr. Bird. Bird: Bruce, that sounds great to me, to make sure we get all the parties involved, get us a cost, find out what we are going to require in the RFP and go forward with it and definitely let it be known that this isn't dye in the wool done. We are still exploring. That there has been nothing offered on any property or anything like that, like some of the rumors was out, so -- I'm for hitting it just like you said. You can come back in a couple of weeks I take it. De Weerd: That's a couple of weeks. Just a nod. Chatterton: Madam Mayor, Council Member Bird, I -- I would like to withdraw my nod right there. De Weerd: No. For the record that nod was on it. Bird: That's what I took it. No. We know. Take your time and get it done right Chatterton: Thank you. I appreciate that. Rountree: Madam Mayor? De Weerd: Well, you can bring it back in a couple weeks with a timeline that would be anticipated to getting you that information. Mr. Rountree. Rountree: I concur with what has been said with respect to the three deliverables yet to come. I'm encouraged for not the first time, but the first in a long time of a plan that actually has some substance to it, as opposed to concept and desire. We have seen way too many of those in the past and been really excited about them, only to see them sit idle again on a shelf. So, I see this as an opportunity to -- to move forward and actually Meridian City Council February 3, 2015 Page 22 of 33 attempt to do something and it may actually come to pass. So, I support it. I agree that we need to have our support. I appreciate the idea of a schedule, but take your time to do it right. It doesn't matter if it's two weeks or two and a half weeks, just get her done. De Weerd: Two and a half weeks. You have some latitude. Rountree: And develop the scope and the cost for the RFP, so we can have a sense of what it's going to be with the detail and input from -- from all the participants in that particular element. I think it's going to be important that we have complete and total -- not necessarily buy in, but knowledge of our community of what that thing is going to contain, so we can have an open and honest discussion about how we move forward. Chatterton: And, Madam Mayor and Council Member Rountree, I'd agreed completely that having those conversations -- completing those conversations is key, because as you know there are several directions that we looked at and did not think were a good idea to pursue. The idea, for instance, of a -- of an outdoor sporting and concert venue is one of them. So, it's important to know what doesn't fly as well. Rountree: And my thanks again to everybody that's participated. I appreciate the time. I know the time it takes and I believe it's been time well spent from what I'm seeing, so thank you. De Weerd: So, we are excited about the stakeholders that are at the table and it seems like the stakeholders' urgency matches several of the Council members we have heard from tonight. So, it's all encouraging. Thank you so much, Sean. We appreciate -- we appreciate the delay in the final delivery of this report, because you wanted to tighten up the information you got and close the loop on a number of conversations. So, we have appreciated the guidance and the process up to this point and look forward to continuing it. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Can I -- I just wanted to add to that and from my perspective it might be even more urgent than -- than needs to be that we move on this type of project. It seems to be a somewhat rare opportunity to drive this forward -- not rush by any sense, but quickly. When I look in the audience I know who participated in the work and the study that was done and we have got folks from the Shakespeare Festival and the Arts Foundation and Arts Commission and Urban Renewal Agency and Chamber of Commerce and a lot of other community leaders here who have participated and I think what I have heard some of the -- maybe it's the elephant in the room is how strong a stand and commitment does the city have truly to lead it. A lot of these projects -- at least I tried to do some research on some other communities is they can get lost if people kind of, you know, kind of point at each other and hope for someone else to be the champion of the cause and -- from a funding perspective or -- or otherwise. I think this is an opportunity where the city needs Meridian City Council February 3, 2015 Page 23 of 33 to commit and express to yourself and to all of those other stakeholders that we are willing to step up and lead. What that particularly means we can't say now, but the general perception needs to be clarified. From my perspective it's clearly the proper role for the city in this context to lead and to make it known to all of the other partners that we are committed to doing so. They are willing to step up and share in that process, but -- and if there is anyone on the Council or the Mayor that thinks otherwise, it's totally fine, but people need to know that. I presume that's not the case and if it's not, great, you can go forward knowing that we are all rowing the same direction, but I thought it was important to share. This is -- it's exciting. Move quick. Chatterton: So, a sense of urgency, but not undue panic. Got it. De Weerd: So, two and a half weeks. So, you can -- you can celebrate when you leave the Council chambers. So, thank you again for being here. Chatterton: I'm lingering for a reason here Bird: He's got another deal. Rountree: You're next. Chatterton: The next item. D. Public Works: Budget Amendment for Old City Hall Tenant Improvements for 2015 for the Not -to -Exceed Amount of $69,390.00 De Weerd: You can still take a deep breath and celebrate your success. Okay. Item 8-D is our next item on the agenda. Chatterton: Yes. Madam Mayor, Council Members, Public Works felt that this was a relatively simple construction project, therefore, they could trust me to present it to you. We talk about the -- the big three in terms of our hopes and dreams for our downtown and for economic development. The three of them, of course, were conference center, performing arts, and the New Ventures laboratory, the idea of having a co -work space to - - to really -- it's a big part of what we talked about during the economic development strategy and audit, we talked about economic gardening, that's really what -- what this is all about. But by far this is -- at this first step for the New Ventures lab, tenant improvements for the old city hall building are by far the smallest piece costwise of those big three. So, this is -- this is really important. We hope to get a lot of bang for this buck. Really the amendment amount is based on some preliminary values. We are going to be pursuing complete agreement values. The funding, of course, comes from the -- the General Fund, the general building fund improvement fund and as I mentioned this aligns with our five year economic development strategy for the city. So, we are asking today for a budget amendment for the old city hall tenant improvement in the amount of 69,390 dollars and it's primarily for carpet and for finishes. Again this -- these would -- this would Meridian City Council February 3, 2015 Page 24 of 33 be a cost that would be necessary no matter who would occupying this building, even if it weren't the new Venture Lab. Be happy to answer any questions. De Weerd: Council, any questions? Okay. I do need to have a motion to approve this budget amendment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-D for the tenant improvements in the old city hall for the amount of 69,390 dollars. Cavener: Second. De Weerd: I have a motion and a second to approve Item 8-D. Any discussion from Council? Rountree: Bruce, I hope if they ddvelop nano robot technology that maybe they can build a 150 room hotel as a -- as a class activity, so -- Chatterton: That will be the -- I will tell Rick Ritter. Rountree: Okay. Chatterton: I think that will be the first order of business. Rountree: Rick could do it. De Weerd: No pressure. I do have a motion -- did I have a second? Rountree: Yes, I had a second. De Weerd: Okay. Hearing no further discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Bruce. Chatterton: Thank you. Item 9: Action Items Meridian City Council February 3, 2015 Page 25 of 33 A. Public Hearing: VAC 15-001 Denison Vacation by Tealey's Land Surveying Located 3244 W. Salix Drive Request: Vacate a Portion of the 5 -Foot Wide Public Utility, Drainage and Irrigation (PUDI) Easement Along the SouthBoundary Lot 17, Block 11 Platted with Jayker Subdivision No. 1 De Weerd: Item 9-A under Action Items is a public hearing on VAC 15-001. 1 will open this with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next item on the agenda this evening is the Denison Vacation. This property is located at 3244 West Salix Drive. It's actually a residential zoned lot within the Jaykers Subdivision which was platted back in 2007. Since that time the city has processed several applications off of the surrounding properties and through the property boundary adjustment this property has actually been reconfigured into what you see here as Parcel C on this graphic on the two other adjacent properties approved with that record of survey are Parcel A and Parcel B. At the time that that property boundary adjustment was -- was approved by staff new utility easements were not created with that record of survey, nor did the applicant vacate any easements and that's pretty typical. Within the UDC a record of survey does not vacate any platted utility easements and that's why we are here tonight discussing the applicant's proposal. So, the next graphic here shows what area of easement is being proposed to be vacated and what staff is recommending as part of creating a new easement. As I mentioned in the staff report there is a single family residence currently being constructed on the property here and the foundation for that residents is located within the utility easement shown here in this graphic -- in this representation. In order for the homeowner to get occupancy for the -- that home a portion of this easement will need to be vacated. During my review of this staff did receive the letters from all the applicable utility providers. They do support the relinquishment of that easement. However, we did receive comments from United Water who currently have a 20 foot existing easement along the southern boundary of Parcel C and they have requested only a portion of that easement to vacate, which is approximately 224 square feet. So, this red line that you see here is what United Water has agreed to vacate. The remaining utility easement would remain only for the benefit of United Water. All other utility providers do not see a need for the easement, as said they do not wish to have any rights to that easement. So, I as mentioned to you, typically with a boundary -- property boundary adjustment we do not get new easements with that process and so my recommendation as part of the vacation application this evening is staff has put a condition on this vacation that prior to you approving the resolution that the applicant create new public utilities and drainage easements along the south boundary of the north -- northwest property lot and the northern property lot as I have shown here in this exhibit. Staff has conferred this requirement with the city engineer and he is sticking -- he also supports staffs recommendation for establishing a new easement. Just for some background for Council, this is a pretty typical practice that we do for our subdivision approvals. Anytime somebody brings forth a subdivision or plat city staff does require that they plat easements along the property lines for utility providers, even though they may not have Meridian City Council February 3, 2015 Page 26 of 33 any utilities in them we still want to have those easements in place. A typical width for those easements would be five feet, so staff is not asking for anything extraordinary than what we get from a plat or a final plat. Again, these are typical easements and it's important to note that there is a home on this lot and we need to make sure that our ordinance also requires that drainage remain on the lot, so we have got to make sure that there is adequate setback around the building to make sure that drainage is being maintained on this property. A few months ago you acted on a similar vacation application for the property north of this site where they vacated these utility easements in this area and staff recommendation in that vacation application also required the developer or property owner to dedicate the other five feet on the north boundary of this property, so we would get that ten feet moving forward. The applicant's representative did submit written testimony on this application and he's asking that you basically strike that condition as staff has stated in the staff report. We are recommending approval. This concludes my presentation and I'd stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this point? Bird: Not at this time. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Tealey: Madam Mayor, Members of the Council, my name is Pat Tealey. Office address 12594 Explorer in Boise. De Weerd: Thank you. Tealey: And I'm here representing the -- the applicant Mr. Kevin Denison. We agree with the staff report as far as the vacation of the easement along the south property line. We did have quite an onerous discussion I guess with -- with United Water to get this to happen and in so doing they agreed to vacate just a portion of it as staff indicated. The five foot easement will -- except for the orange parcel we will be -- remain in effect for United Water only. All the other utilities that were contacted, the public utilities, expressed that they had no interest in -- in this easement. Just to go back and sort of review how these easements are established, they are established by a plat. There is typically needed for utilities to essentially loop their utility. For example, a -- a gas line to go from the front property line to the back, a telephone line to go from the front to the back. They are made to loop the utilities where ever they may need it. Now, they are very, very, very seldom used and you can see that in this instance where they are vacating the one along the south property line and none of the easements -- or, excuse me, utilities that we contacted expressed an interest in having an additional easement along that north property line of the subject parcel. The original plat only dedicated public utility easements along the side lot lines. What the city is asking for is something a little bit different. It's asking for a public utility drainage and irrigation. This will be the only side lot line in the subdivision to have anything outside of a public utilities easement. It would be very -- very sort of special I guess. Note ten in the -- in the plat -- on the plat, again, just Meridian City Council February 3, 2015 Page 27 of 33 dedicated specifically public utilities and none of the public utilities wish to retain an easement along that line. Now, in the plat of Jaykers where there was a drainage easement needed, there was a specific easement granted in -- in the -- they were called -- the public utilities were called PUE easements. They were specific DE or drainage easements and there were specific IE -- IRR that were granted. These were notes on the plat again where drainage and irrigation were needed, specific easements were granted and there is only a couple instances where the drainage was needed and, basically, it was for the North Slough to have their ditch across the property. So, again, the city is asking for something that really is special to only one lot. The utilities that service all these lots go along the front lot line of all the lots in what they call a common trench. All of the public utilities of water, gas, telephone, power go in this common trench, so that's why none of these sideline easements really aren't needed, unless there is a loop from front to back and that is not the instance in this case. If this easement were to be granted by -- for drainage, the only benefit -- benefactor of that easement would be the property to the north to allow him to move his drainage over onto this lot and that's one of the main reasons that we don't want this easement there. I mean you're supposed to, as stated by staff, in the building permit process you retain all your water, your drainage, on your lot. You're not supposed to migrate across property lines. So, we don't see the benefit or the use of a drainage easement at all. One of the other things is how do you grant this easement? All the other easements along these lot lines were granted by the plat. That's a simple deal. You record the plat and there is an easement in fact. We would have to create a specific document at some expense involving lawyers and I just don't feel that this is a -- the easement isn't needed and the expense isn't needed either. Other than that if you have questions I would be glad to stand for them. De Weerd: Thank you, Pat. Council, any questions? Bird: Not of Pat. De Weerd: Okay. Thank you. Tealey: Thank you. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this item. Okay. Seeing none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Bill, on this easement that we are requesting, it's a -- a drainage easement. Is that something that we normally do? I mean I have -- and what is the reason for it? Maybe Warren can answer. Parsons: Madam Mayor, Members of the Council, Councilman Bird, I would defer to Warren on that. Meridian City Council February 3, 2015 Page 28 of 33 Bird: Okay. Stewart: Madam Mayor, Members of the Council, Councilman Bird, yeah, most of these easements are set up as public utilities and drainage easements. That's common terminology. Essentially, the desire here was to reestablish -- as you can see from the previous lot line adjustment that was done there used to be a five foot utility easement on that piece of the property line before. When it was moved that easement doesn't move with it. This is really an effort to just reestablish the same easement or very similar easement to one that was there previously that's on every lot and every side lot in an entire subdivision. In fact, we are not trying to do something special here, we are trying to do the same thing that's been done and we are not treating this lot as special, just, essentially, reestablishing the easement that was there in the first place before the lot line was adjusted. Bird: Follow up? De Weerd: Mr. Bird. Bird: We -- we took that easement out when Parcel B come forward, if I remember right. Is that not right? And moved it up, so we didn't feel we needed it at that time at that location. I -- I mean I would -- why would -- I just can't figure out why we have a -- and let's face the facts, it's strictly for drainage. You're not going to get any utilities or anything. The utility companies have already said they are not interested in having an easement there, as I understand from what Pat just testified; is that right? Stewart: Madam Mayor, Members of the Council -- and I will let Bill speak to this as well. I do believe that the lot -- the easement that you saw vacated -- the one up there -- right there, that the portion of -- that five foot portion of that easement was moved down to the southern property line, so on the other side of this property you have a five foot easement. So, we are, essentially, trying to establish the very same thing on the south side of that property line, so it looks exactly like it would have in the first place. It is true that at this time I don't think any utilities have expressed an interest in that. The City of Meridian doesn't foresee any immediate need, but those lot lines exist -- those same kind of easements exist on lot lines throughout the subdivision, because they may or may not be needed now, but they might be needed in the future for other types of utilities and so on and so forth. This is not -- you know, a lot of those never are used. That's -- that's sure. That's true. Bird: Tell me about it. Stewart: But we are just, essentially, trying to apply the same rules and the same easements that existed on the lot lines prior to the adjustment of the -- of the property boundary. De Weerd: Any other questions from Council? Meridian City Council February 3, 2015 Page 29 of 33 Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, what's the -- what's the building setback in this -- in this zone? Parsons: Madam Mayor, Members of the Council, Councilman Rountree, this property is zoned R-2 and if I remember correctly it's a single story home, so it's seven and a half feet from the property boundary. Rountree: So, easement or not, they couldn't build on that piece anyway. Bird: No. De Weerd: Anything further from Council? Rountree: Madam Mayor, just a comment. This -- this is the third or fourth time we have seen these three lots in various fashions. It seems to me that the appropriate thing that should have been done is they all should have been done together and replatted together. These are the kinds of things that happen when we don't do that and I would suggest in the future we not do that piecemeal approach. I have a hard time saying we really need it if we are going to catch it now, as opposed to catching it before and it should have been stated in previous actions that all lots as a result of this resubdivision will meet all subdivision criteria and any owner should have been notified and they should have had an opportunity to -- I mean they all had opportunity to come and testify. Probably weren't dealing with the owners of this lot at that particular time. So, I just struggle with doing it this way and that coupled with the fact that they can't build or do anything of any substantive nature in that seven and a have feet there, by virtue of our zoning requirements, in effect, you have an easement if, in fact, something were needed and if it's primarily for drainage I suspect everybody is going to be concerned about where the drainage is going to go and take care of it adequately as they do their landscaping and grading. So, I have a tough time with the additional easement, if you will, to the north. The green easement. I support the vacation or the smaller piece, the red piece, but it doesn't make any sense to me. Why not vacate the whole thing. It's unusable. Bird: I agree. De Weerd: Anything further from Council? Does the applicant's representative have any further comment? I think, Mr. -- Councilman Rountree said it for you, so -- Rountree: This will be the first time in a long time Pat and I agreed on anything. Tealey: Yeah. That's probably right. That's probably right. There is no benefit to -- for this easement. The only benefit for the easement is the utilities and they have already expressed that they don't want it. You know, you give an easement to somebody it's like Meridian City Council February 3, 2015 Page 30 of 33 giving the land away. It's not just this thing that sits there, there is -- there is a use associated with that that the landowner can't use. As I stated earlier, these easements are -- and as the city has said they are very, very seldom used and in this case they won't be used for the public utilities portion of the easement that is similar to every lot that's in this subdivision. What the city is asking for is something that the utilities don't want and, then, placing a further restriction on it for drainage and irrigation. The drainage and irrigation portion of it was never granted by the plat on any of the lots in the subdivision. So, the only thing to consider in my mind is the public utilities portion of it. Stand for any questions. Thank you. De Weerd: Thank you. Council, if there is nothing further I would entertain a motion to close this public hearing. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearing on VAC 15-001. Milam: Second. De Weerd: I have a motion and a second to close the public hearing on Item 9-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve VAC 15-001 and eliminate Exhibit B of the staff report. Rountree: Second. De Weerd: I have a motion and a second to approve this item with the notation as stated. Any further discussion from Council? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. FP 15-001 McLinder Subdivision No. 2 by TS Development, LLC Located at 4650 N. Linder Road and 1437 W. McMillan Road Meridian City Council February 3, 2015 Page 31 of 33 Request: Final Plat Approval Consisting of Seven (7) Building Lots on 5.37 Acres of Land in the C -N Zoning District De Weerd: Item 9-B is FP 15-001. 1 will ask for staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item is McLinder Subdivision. This is the second phase of the preliminary plat that was in front of you and right now currently the first phase consisted of the multi -family development here to the south and the applicant is just coming forward and final platting their commercial lots that were approved with their preliminary plat. Staff has done their evaluation. The proposed final plat this evening does comply with the approved preliminary plat. The applicant wasn't able to get their comments to you within the time frame to keep this on the Consent Agenda, but staff did receive written testimony from the applicant and they are in agreement with all conditions of approval. So, staff and the applicant are here this evening asking for your approval and with that I would stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Any comment from the applicant? Do I have a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move we approve Item 9-13, final plat 15-001. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. eyes. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 10: Ordinances Meridian City Council February 3, 2015 Page 32 of 33 A. Ordinance No. 15-1637: An Ordinance (RZ 14-003 — Kinsley) For The Re- Zone Of 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; Establishing And Determining The Land Use Zoning Classification Of L -O (Limited Office District) And R-15 (Medium -High Density Residential) Zoning District To CC (Community Business) Zoning District; And Providing An Effective Date De Weerd: Item 10-A is ordinance number 15-1637. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1637: An Ordinance (RZ 14-003 — Kinsley) for the re -zone of 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; establishing and determining the land use zoning classification of L -O (Limited Office District) and R-15 (Medium -High Density Residential) Zoning District to C -C (Community Business) Zoning District in the Meridian City Code. Providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entire? Seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance 15-1637 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. eyes. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics Meridian City Council February 3, 2015 Page 33 of 33 De Weerd: Item 11. Are there any topics to consider for future meeting agendas? Bird: I don't have any at this time. De Weerd: Council, I do know we are trying to come up with some dates, so if you can get back to my office we are trying to set up joint meetings with Ada County Highway District and Ada County Commission, so if you can kind of touch base with Peggy that would be awesome. I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:41 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) C l Dq l K, MAYOR T p MY DE WEERD DATE APPROVED ATT ST: Fr ,c�ry<t CITY CLERK T_ 7 T Changes to Agenda: None Item #9A: Denison Vacation (VAC -15-001) Application(s): ➢ Vacation Location: This site is located at 3244 W. Salix Drive. History: This property was consolidated with an adjacent common lot with ROS 9169. Summary of Request: The applicant requests approval to vacate a portion of the 5 -foot wide public utility, drainage, and irrigation (PUDI) easement located on the interior lot line (southern boundary) of Lot 17, Block 11 of Jayker Subdivision No. 1. The property received approval of a property boundary adjustment application that incorporated a portion of Lot 17, Block 11 and all of Lot 18, Block 11 into a single parcel. A single family residence is under construction on the property and a portion of the foundation will extend into the platted easement. In order to obtain occupancy of the home, the applicant must vacate a portion of the easement to eliminate the encroachment. The applicant has received approval from all of the applicable public utilities (Idaho Power, Century Link, Cable One, Intermountain Gas, Settlers Irrigation District and United Water) to vacate the easement. However, United Water has granted a partial relinquishment of the easement (56' X 4') because they have an existing 12 -inch water main along the south boundary of the future home. With the application submittal, the applicant has provided a hold harmless agreement between the property owner and United Water. The remaining portion of the easement will only be for the benefit of United Water to conduct future maintenance if/when required. Although the utility providers have not requested the establishment of any new easements, staff is recommending the applicant dedicate a 5 -foot wide PUDI easements along the south side of the northwest and north boundary of Parcel C of ROS 9169 prior to the approval of the Resolution by the City. Staff has discussed this requirement with the City Engineer and he supports staffs recommendation. Staff recommends approval of vacating a portion of the easement in accord with the conditions of approval in Exhibit B of the staff report. Outstanding Issue(s) for City Council: The applicant objects to staffs recommendation for creating the new 5 -foot wide PUDI easement along the northwest and north property boundary. Written Testimony: Pat Tealy, applicant's representative Notes: Item #913: McLinder Subdivision (FP-15.001) Application(s): ➢ Final Plat Size of property, existing zoning, and location: This site consists of 5.37 acres of land, is currently zoned C-N, and is located at 4650 N. Linder Road & 1437 W. McMillan Road. Summary of Request: The proposed final plat consists of 7 commercial building lots on 5.37 acres of land in the C-N zoning district. This is the 2nd and final phase of development of McLinder Subdivision. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat and found it to be in compliance with the approved preliminary plat. Staff Recommendation: Approval per the conditions noted in the staff report Written Testimony: Lance Warnick (in agreement w/staff report) Notes: Meridian City Council Meeting DATE: Februa 3, 2a 5 #TEiUI NUMBER: 5A ITEM TITLE: A. Skills USA Proclamcstion PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL A C TION DATE: E-MAILEDTO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE• February, 3, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE; A. Approve Minutes of January 27, 2015 City Council Reguicrr Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION ©ATE: E-MAILED TO STAFF SENT TO AGENCY SENT TC APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2x15 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: B. Approve Minutes of the December 30, 2014 Special City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION PATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT MOTES INITIALS Meridian City Council Meeting DATE: Februa 3, x15 ITEM NUMBER: C PROJECT NUMBER: ITEM TITLE: C. Award of Bid and Approval of Agreement to CIRCLE H CONSTRUCTION. INC. for the "FIBER OPTIC CONSTRUCTION- CITY HALL TO WATER & WASTEWATER" project for a Not - To -Exceed amount of $229,111.13. MEETING NOTES Community Item/Presentations Presenter Contact Into./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TG STAFF SENT TG AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER PROJECT # 10382.f THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 3' day of February, 2015, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Circle H Construction, Inc., hereinafter referred to as "CONTRACTOR", whose business address is 3900 N. Canada, Nampa, ID 83687and whose Public Works Contractor License # is PWC -C-11250. INTRODUCTION Whereas, the City has a need for services involving Fiber Optic Construction; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, FIBER OPTIC CONSTRUCTION — CITY HALL TO WA SER & WASTEWATER page 1 of 12 Project 10382.f state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $229,111.13. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. 'Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 2 of 12 Project 10382.f 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Substantial Completion shall be accomplished within 120 (one hundred twenty) calendar days from Notice to Proceed, This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 150 one hundred fifty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 3 of 12 Project 10382.f entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars FIBER OPTIC CONSTRUCTION - CITY HALL TO WATER & WASTEWATER page 4 of 12 Project 10382.E ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 5 of 12 Project 10382.E Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.o�rc /environmental.aspx?id=13618. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Circle H Construction, Inc. Purchasing Manager Attn: Andy Clapier 33 E Broadway Ave P.O. Box 1578 Meridian, ID 83642 Eagle, ID 83616 208-888-4433 Phone: 208-860-6215 Email: andyclapier@msn.com Idaho Public Works License # PWC -C-11250 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 6 of 12 Project 10382.f 13. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 15.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 7 of 12 Project 10382.E and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 8 of 12 Project 10382.f 27. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY RIDI CIRCLE H CONSTRUCTION, INC. BY:B TAMMY de WFEXID, MAYOR Dated: 1 — 3 " / Dated: �� d Approved by Council: ' 3 - 0z��������sr 1 I 4tt y° :kEEU�OLMAN, CITY CLE ER, -1DIA1°4 SES Purchasing Approval yTFq �`Q epa ent A BY: BY• KEIT ATTS, Purchasing Manager WARREN STE ART, Engineering Manager Dated::- Z 8�/s Dated:: FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 9 of 12 Project 10382.f Attachment A SCOPE OF WORK REFER TO INVITATION TO BI® PWm15m10382.f ALL A®®EN®UMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10382.f, are by this reference made a part hereof. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 10 of 12 Project 10382.f Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $229,111.13. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 11 of 12 Project 10382.f MILESTONE DATES/SCHEDULE l Milestone 1 Substantial Completion __ 90 (ninety) days Milestone 2 Final Completion 20 (twenty) days PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER per IFB PW -15- 10382.f. Total Sid Schedule Phase 1 ...................$81,636.45 Total Bid Schedule Phase 2 ...................$147,474.68 CONTRACT TOTAL ....................... $229,111.13 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Bid Schedule Item No. Description Unit Unit Price PHASE 1 — CITY HALL TO WATER DIVISION 1001.4.2.A.1. STAGING AREA EA $2,500.00 1003.4.1.G.1. STRAW WATTLE LF $1.98 1006.4.1.C.1. INLET PROTECTION EA $60.00 1103.4.1.A.1. TRAFFIC CONTROL LS $5,500.00 2010.4.1.A.1. MOBILIZATION FIBER OPTIC CONDUIT, 1.25" HDPE, SDR11 LS $2,500.00 SP -1 LF $8.17 FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 11 of 12 Project 10382.f SP -2a 2 BER OPTIC JUNCTION BOX — H2436- EA $710.00 SP -2b FIBER OPTIC JUNCTION BOX — S-45T/ADA WITH RISER EA $900.00 SP -3a FIBER OPTIC CABLE LF $1.37 SP -3b FIBER OPTIC CABLE — PLENUM RATED LF $3.96 SP -4a CITY HALL CONNECTION LS $2,190.64 SP -4b WATER DIVISION CONNECTION LS $1,935.31 PHASE 2 -- WATER DIVISION TO WWTP 1001.4.2.A.1. STAGING AREA EA LF $2,500.00 $1.98 1003.4.1.G.1. STRAW WATTLE 1006.4.1.C.1. INLET PROTECTION EA $60.00 1103.4.1.A.1. TRAFFIC CONTROL LS $1,500.00 2010.4.1.A.1. MOBILIZATION LS $2,500.00 SP -1 FIBER OPTIC CONDUIT, 1.25" HDPE, SDR11 LF $8.17 SP -2a 2 BER OPTIC JUNCTION BOX — H2436- EA $710.00 SP -3a FIBER OPTIC CABLE LF $1.37 SP -4b WATER DIVISION CONNECTION LS $1,262.82 SP -4c WWTP CONNECTION LS $1,827.30 SP -5 3"0 GALVANIZED STEEL CASING LF $21.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. FIBER OPTIC CONSTRUCTION — CITY HALL TO WATER & WASTEWATER page 12 of 12 Project 10382.f To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Emily Skoro ®ate: 1/29/2015 Re: February 3rd City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 3rd City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to CIRCLE H CONSTRUCTION, INC. for the "FIBER OPTIC CONSTRUCTION- CITY HALL TO WATER & WASTEWATER" project for a Not -To -Exceed amount of $229,111.13. Recommended Council Action: Award of Bid and Approval of Agreement to Circle H Construction, Inc. for the Not -To -Exceed amount of $229,111.13. Thank you for your consideration. 0 Page 1 CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 1/20/2015 REQUESTING DEPARTMENT PW - ENGR Fund: 60 Department: 3590 GL Account: 94300 Project # 103821 Construction: X PSA: Task Order: Project Name: FIBER OPTIC CONSTRUCTION - CITY HALL TO WATER & WASTEWATER Project Manager: Emily Skoro Department Representative: n/a Contractor/Consultant/Design Engineer: Circhle H Construction / CMI Survey (Corey) Budget Available (Attach Report): Yes Contract Amount: $229,111.13 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 15 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: PW License # PWC -C-11250 Corporation Status January 30, 2015 Current? (attach print out) Goodstanding Date Award Posted: January 20, 2015 Yes Insurance Certificates Received (Date): January 28, 2015 Rating: A++ Payment and Performance Bonds Received (Date): January 28, 2015 Rating: A Builders Risk Ins. Req'd: Yes No If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: January 29, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: D. Approval of Purchase of Pierce Arrow Fire Engine from Hughes Fire Equipment for the Not -To -Exceed Amount of $520,000.00 and Authorize the Purchasing Manager to Issue and Sign a Purchase Order. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERICS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Waits, Purchasing Manager CQ Jacy Jones, Mark Niemeyer Date: 1-28-2015 Re: January 3, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the January 3rd City Council Consent Agenda for Council's consideration. Approval of purchase of Pierce Arrow Fire'Engine from Hughes Fire Equipment for the Not -To -Exceed amount of $520,000.00 Recommended Council Action: Approval of purchase of Pierce Arrow Fire Engine from Hughes Fire Equipment for the Not -To -Exceed amount of $520,000.00 and authorize the Purchase Manager to sign the Purchase Order. This purchase is being made from the HGACBuy contract (a cooperative contract) that has been reviewed and approved by Legal. This purchase is part of the approved 2015 Budget. Thank you for your consideration. r 0 Page 1 Meridian Fire Deparmtnet One (1) Arrow XT Pumper GG372 Proposal Price $ 540,968.00 Plus HGAC fee 2,000.00 Plus drive -out 4,500,00 Plus performance bond 1,480.00 Less chassis progress payment discount (9,695.00) The chassis progress payment in the amount of Jt3.'i o:.? '), will be due three (3) months prior to the ready for pick up from the factory date. Less payment upon completion @ factory discount (6,387.00) * Deduct for 100% pre -payment with contract (14,130,00) If this option is elected, the discount is in addition to the chassis progress payment discount and the payment upon completion at the factory discount. Subtotal including all pre pay discounts 518,736.00 1/26/2015 Terms: If the order is submitted by February 4, 2015, Pierce has committed to an RFP date in September 2015, However, if the order is not placed before February 4, 2015, the unit would be ready for delivery from the factory within 9.5 to 11.5 months after contract execution. The above pre -payment discount will be valid for 90 days. An invoice will be provided 30 days prior to the chassis payment due date if elected. If payment options are not elected, standard payment terms will apply: final payment will be due 30 days after the unit leaves the factory for delivery. The proposal price is based on the unit being purchased through HGAC. This pricing is only valid for an HGAC purchase on contract FS12-13. Transportation of the unit to be driven from the factory is included in the pricing. However, if we are unable to obtain necessary permits, due to the weight of the unit, and the unit must be transported on a flat bed, additional transportation charges will be the responsibility of the purchaser, We will provide pricing at that time if necessary. CONTRACT PRICING WORKSHEET Contract -- FS12-13 Date 1/26/2015 For MOTOR VEHICLES Only No.: Prepared: This Worksheet is prepared by Contractor and givens to End Usen: If a PO is issued, hath documents MUST be faxed to H -GAC @ 713-993-4545. Therefore please type orprint legibly. Buying City of Meridian Agency: Contractor: Pierce Manufacturing, Inc. Contact Perry Palmer Person: Prepared By: Dean Stock 1541-747-0072 Phone: 208-888-1234 Phone: Fax: Far. 1541-747-0073 Email: jp„palmeQmeridiane�.ora Emau: hughesfire.com Idstock@hughesfire.com Product I Code: UC06Description: Pierce Arrow XT, 4 -Door, Bull -Tilt, Aluminum Cab, Aluminum Body, Single Axle, 1250 GPM Pump, Mi Mounted Pumper A. Product Item Base Unit Price Per Contractor's H -GAC Contract: 393280 B. Published Options - Itemize below - Attach additional sheet(s) if necessary - Include Option Code in description if applicable. (Note: Published Options are options which were submitted and priced in Contractor's bid.) Description Cost Description Cost I Subtotal From Additional Shcct(s): 5 133,991.00 Subtotal B: 133991 C. Unpublished Options - Itemize below/ attach additional sheet(s) if necessary. (Note: Unpublished options are items which were not submitted and priced in C'ontractor's bid.) Description Cost Description Cast Subtotal From Additional Shcet(s): $ 13,697.00 11 Subtotal C: 13697 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit For this transacMon the percentage is: 2.60°fa Price plus Published Options (A+B). D. Total ost Before Any Applicable Trade -In / Other Allowances/ Discounts (A+B+C) Quantity Ordered: i X Subtotal of A + B + C.: 540968 — Subtotal D: 540968 E. H -GAC Order Processing Charge (Amount Per Current Polley) Subtotal E: 2000 F. Trade -Ins / Other Allowances 1 Special Discounts / Freight / Installation Description Cost Description Cost Drive -Out 4500 Performance bond 1480 Less prepayment discounts -30212 Subtotal F. -24232 Delivery Date: G. Total Purchase Price (D+E+F): 5113736 Pride Narnber Qty Deser! tlon Published Options Unpublished Options 106 1 TAK 4 Susupension 11992 112 1 Tire Chains - Onspot or Other Equivalent Brand 3596 202 1 Aluminum Wheels, Front 1700 203 11 Aluminum Wheels, Rear Single Axle 2622 205 1 Electric Windows 846 210 1 Upgrade SCBA Bracket to Hands Free 630 212 1 Raised roof, custom cab 1848 214 1 Q28 Siren 3444 215 1 Safety System 8324 217 1 Mirrors - change to bus style cab corner 1598 226 1 Air Horns with 2 foot switches 1349 308 1 Pierce Husky 3, Single Agent (5) Discharges 11132 313 1 Foam Cell 20 Gallons 1292 401 1 Add Front Suction Inlet 4-6" 5968 402 1 Add Front Bumper Line (including hoses tray & cover) 2802 403 1 Add 19" Extended Steel Painted Bumper 2278 408 1 Add pump anodes (pair) 290 410 1 Add Large Diameter Side Discharge 5" with 4" valve 3881 411 11 Add Mechanical Seal to Pump 727 413 1 Add Vinyl Cover for Crosslay Hose Bed 321 418 1 Hose Reel, abovepump w/ 150' hose 3034 420 1 Increase Pump from 1250 to 1500 gpm 4868 425 1 Provide (2) Speedlays w/ Tray's IPO crosslay with Rollers 6048 429 1 Extenda-gun 18" 3515 461 1 Adjustable Compartment shelves 932 462 1 Swing -out tool board 1690 463 5 Slide -out floor tray 3455 464 7 Adjustable slide -out tray 5362 466 1 ITraffic Directing light bar 1393 477 1 Auto -eject 20 amp 445 480 1 JKussmaul pump plus 1200 charger 2190 483 1 12 volt LED Brow Light 1711 485 2 12 volt LED pole light (per) 3716 487 2 SCBA Cylinder Storage in fender panel triple (each) 1538 821 2 Each Portable Hand Light w/ Mounting Brackets 320 970 1 Add Electric/ Hydraulic Ladder Rack 8526 972 1 JAdd top pump control 6687 973 1 Full Height - Depth Compartments 5631 978 1 LED Emergency Light package 6290 15300 1 No booster Hose Required (1) Reel -856.05 666589 1 Engine, DDC DDI 3, 500 hp, 1650 ft -Ib, W/OBD, EPA 2013, AXT 14,553.05 Base Bid $ 393,280.00 Published Options $ 133,991.00 Total Published Options $ 527,271.00 Unpublished Options $ 13,697.00 2.60% Total Options w/o HGAC Fee $ 540,968.00 �Ielping Governments Across the Country Buy t�f! dllllt�t ll1�[NA�iNO d0lQFt01[ lr0 Box 22777 • 3555 'Tunmons Ln. •Houston, Texas 77227-2777. 1-800-926-0234 CONTRACT PRICING VERIFICATION TO: FROM: Keith Watts Jackie Palmer COMPANY: DATE: City of Meridian 1/29/2015 PRONE NUMBER: RE: REFERENCE: Price Verification Contract Pricing Worksheet dated 1/26/2015 We have reviewed the pricing worksheet provided through HGACBuy Contract FS12-13. Our review verifies that the pricing provided is in compliance with the contract. Please advise if we can assist further in this matter. CENTRAL FAX# 713.993.4548 Meri'd'ian City Council Meeting DATE: February 3, 2015 ITEM NUMBED: 6E PROJECT NUMBER: ITEM TITLE: E. Sanitary Sewer and Water Main Easement for Linder Springs MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL A C TION DATE: E-MAILED To STAFF SENT To AGENCY SENT TR APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-008808 BOISE IDAHO Pgs=10 LISA BATT 02/0412015 11:37 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00062943201500088080100101 SANITARY SEWER AND WATER MAIN EASEMENT 4-b rvci ro THIS INDENTURE, made this ?qday of danuaPu, 2015 between Linder Springs, LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRA70VV / Managing ber William F. Gallagher Printed Name 8312 W. Northview Suite 120 Boise, Idaho 83704 Address STATE OF IDAHO ) : ss. County of Ada ) On this _ day of v�,� t. w 4 , V ` , 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared William F. Gallagl, ier, known or identified to me to be the Managing Member, respectively, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such Limited Liability Company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first abo•Vffiw riUQ 000000000 (SEAL) -e��Q.�0pRY •oo ® 8 • •� e Geo: p°••PUBS' 00' e �O ••9.•..00 Sanitary Sewer and Water Main a'�ement NOTARY PUBLIC J�)R'IbAHO Residing at: Commission Expires: ".Tu- 1 A 11 EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de We'eXd, Mayor L. Holman, City Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) '"i,n'reDAv ,--� W PikV OI a :1= 1 �F SF -AL h ���r�ey�RE RSUQE.�. On this _ day of 1~i -b nj c.,r" , 20 _, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SERI r)' a t a � w a ar v •��i�'•1fi'i�t+��r, ��r" •p�A7=' t�j�' 11�t�•o Q,�nsMp�,e • NOTARY PUBLIC FOR IDAHO Residingat: l✓1EX�c)+�cv�, Ih Commission Expires: J, sex t ,a 11 1A Joao 5 Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe E January 15, 2015 Project No. 113061 't:Lit; LARD GROUP. INC - Exhibit "A" LINDER SPRINGS APARTMENTS SEWER & WATER EASEMENT Page 1 of 6 An easement situated in a portion of the Southwest One Quarter of the Southwest One Quarter of Section 25, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument, Thence on the westerly line of said Section 25, North 0'24'56" East, 961.43 feet; Thence leaving said westerly line, South 89`35'04" East, 38.00 feet, to a point on the easterly right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street; Thence on said southerly right-of-way line the following three courses: 1. South 89°35'11" East, 140.64 feet; 2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle of 6'°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet; 3. North 83°57'29" East, 143.48 feet, to the POINT OF BEGINNING; Thence leaving said southerly right-of-way, South 06"04'08" East, 91.05 feet; Thence North 85'05'23" East, 22,62 feet; Thence North 04°54'37" West, 26.00 feet; Thence North 85°05'23" East, 10.00 feet; Thence South 0454'37" East, 26.00 feet; Thence North 85°05'23" East, 76.75 feet; Thence North 04°54'37" West, 7.51 feet; Thence North 25`05'23" East, 22.50 feet; Thence North 85'05'23" East, 11.55 feet; Thence South 25005'23" West, 25.60 feet; Thence South 04°5437' East, 4.83 feet; Thence North 85°05'23" East, 7.93 feet; Thence North 3511'45" East, 9.81 feet; Thence South 54'48'15" East, 10.00 feet; Thence South 35°11'45" West, 33.01 feet; Thence South 00°26'44" West, 7.64 feet; Thence North 83°39'24" East, 33.23 feet; www.thelandsroupinc.com '� 4 pRAlp-p , Page 2 of 6 O dl/ .6:!� Iflk I -AND GROUP, INC„ Thence South 00°26'44" West, 10.07 feet; Thence South 83°39'24" West, 33.23 feet; Thence South 00°26'40" West, 84.63 feet; Thence South 89°33'16" East, 33.00 feet; Thence South 00°26'44" West, 10.00 feet; Thence North 89°33'16" West, 26.00 feet; Thence South 00°26'44" West, 25.38 feet; Thence South 35°18'34" East, 13.33 feet; Thence South 54°41'26" West, 10.00 feet; Thence North 35°18'34" West, 13.88 feet; Thence North 89°33'16" West, 31.06 feet; Thence South 00°26'44" West, 24.00 feet; Thence North 89°33'16" West, 10.00 feet; Thence North 00°26'44" East, 24.00 feet; Thence North 89"33'16" West, 46.64 feet; Thence South 14017'40" East, 65.21 feet; Thence South 89°33'16" East, 16.54 feet; Thence South 00026'44" West, 20.00 feet; Thence North 89°33'16" West, 14.50 feet; Thence South 00°26'44" West, 51.35 feet; Thence South 89°33'16" East, 23.50 feet; Thence South 00°26'44" West, 10.00 feet; Thence North 89°33'16" West, 23.50 feet; Thence South 00°26'44" West, 99.97 feet; Thence South 89°33'16" East, 57.01 feet; Thence North 00°26'44" East, 26.00 feet; Thence South 89033'16" East, 10.00 feet; Thence South 00°26'44" West, 26.00 feet; Thence South 89°33'16" East, 7.95 feet; Thence North 35°08'43" East, 12.29 feet; Thence South 54°51'17" East, 10.00 feet; Thence South 35°08'43" West, 25.77 feet; Thence South 00°26'44" West, 11.27 feet; Thence South 89"33'16" East, 27.00 feet; Thence South 00°37'03" West, 10.00 feet; Thence North 89°33'16" West, 31.93 feet; Thence North 38°01'18" West, 17.93 feet; Thence North 89°33'16" West, 52.09 feet; Thence South 00°23'35" West, 111.50 feet; Thence South 89°33'16" East, 58.08 feet; Thence South 00°26'44" West, 12.00 feet; www.thelandgroupinc.com I]AE LAND GROUP, INC., Thence South 89°33'16" East, 10.21 feet; Thence North 42°49'46" East, 28.97 feet; Thence South 89°33'16" East, 7.27 feet; Thence South 00°26'44" West, 8.51 feet; Thence North 89°33'16" West, 1.50 feet; Thence South 4249'46" West, 30.98 feet; Thence North 89°33'16" West, 12.40 feet; Thence South 41°11'23" East, 27.03 feet; Thence South 48°48'37" West, 10.00 feet; Thence North 41°11'23" West, 25.22 feet; Page 3 of 6 Thence North 8933'16" West, 21.04 feet; Thence South 00°26'44" West, 24.50 feet; Thence North 89'33'16" West, 10.00 feet; Thence North 00°26'44" East, 24.50 feet; Thence North 89°33'16" West, 14.96 feet; Thence South 00°23'35" West, 80.10 feet, to the southerly boundary line of the Commercial Southwest Subdivision No.3, as recorded in Book 105, Page 14443, official records of Ada County, Idaho; Thence on said southerly boundary line, North 89°35'04" West, 21.13 feet; Thence North 00°24'56" East, 51.53 feet; Thence North 89°35'04" West, 14.98 feet; Thence leaving said southerly boundary line, North 00000'58" East, 32.17 feet; Thence North 89°33'16" West, 48.58 feet; Thence South 45'26'44" West, 9.08 feet; Thence North 89'33'16" West, 12.65 feet; Thence North 00'26'44" East, 10.00 feet; Thence South 89°33'16" East, 8.50 feet; Thence North 45°26'44" East, 9.08 feet; Thence South 89033'16" East, 52.64 feet; Thence North 00°00'58" East, 15.35 feet; Thence South 89°36'25" East, 8.46 feet; Thence North 00'2335" East, 96.66 feet; Thence North 44°33'16" West, 7.75 feet; Thence North 89°33'16" West, 60.35 feet; Thence South 0026'44" West, 34.72 feet; Thence North 89'33'16" West, 10.00 feet; Thence North 00°2644" East, 34.72 feet; Thence North 89°33'16" West, 114.65 feet, to the westerly boundary line of said Commercial Southwest Subdivision No.3; Thence on said westerly boundary line, North 00°24'56" East, 20.00 feet; www.thelandgroupinc.com �Ar •0" Page 4 of 6 MI. LAND GROUP, "I'„#'_ Thence leaving said westerly boundary line, South 89°33'16" East, 59.15 feet; Thence North 00°26'44" East, 31.50 feet; Thence South 89°33'16" East, 10.00 feet; Thence South 00°26'44" West, 31.50 feet; Thence South 89°33'16" East, 72.97 feet; Thence North 00°26'44" East, 26.50 feet; Thence South 89°33'16" East, 10.00 feet; Thence South 00°26'44" West, 26.50 feet; Thence South 89°33'16" East, 3.40 feet; Thence North 00°23'35" East, 13.36 feet; Thence South 89°33'16" East, 17.63 feet; Thence North 00°26'44" East, 170.74 feet; Thence North 14°17'40" West, 68.90 feet; Thence South 74°11'44" West, 29.46 feet; Thence South 15°47'53" East, 34.56 feet; Thence South 74°11'44" West, 10.00 feet; Thence North 15°47'53" West, 34.56 feet; Thence South 74911'44" West, 38.20 feet; Thence North 89°35'04" West, 11.82 feet; Thence South 04°33'16" East, 22.00 feet; Thence South 85°16'17" West, 10.00 feet; Thence North 04°33'16" West, 22.90 feet; Thence North 89°35'04" West, 88.07 feet; Thence South 04°33'16" East, 30.50 feet; Thence South 85°16'17" West, 10.00 feet; Thence North 04°33'16" West, 31.40 feet; Thence North 89°35'04" West, 37.01 feet, to the westerly boundary line of said Commercial Southwest Subdivision No.3; Thence on said westerly boundary line, North 00°24'56" East, 20.00 feet; Thence leaving said westerly boundary line, South 89°35'04" East, 117.50 feet; Thence North 00°24'56" East, 51.30 feet; Thence North 89°35'04" West, 39.50 feet; Thence North 00°24'56" East, 10.00 feet; Thence South 89°35'04" East, 39.50 feet; Thence North 00°24'56" East, 54.00 feet; Thence North 89`35'04" West, 37.50 feet; Thence North 00°24'56" East, 10.00 feet; Thence South 89°35'04" East, 27.30 feet; Thence North 12°36'50" West, 24.72 feet; Thence North 53°04'10" East, 11.04 feet; Thence South 36°55'50" East, 17.16 feet; www.thelandgroupinc.com , Page 5 of 6 riii,.' LAND GRDi' Thence North 77'23'10" East, 39.98 feet; Thence North 1236'50" West, 28.27 feet; Thence North 83`5729" East, 10.07 feet; Thence South 12°36'50" East, 27.12 feet; Thence North 77°23'10" East, 10.35 feet; Thence North 12°36'50" West, 12.42 feet; Thence North 77°23'10" East, 30.65 feet; Thence North 06°04'08" West, 79.45 feet, to the southerly right-of-way line of West Deer Crest Street; Thence on said southerly right-of-way line, North 83°57'29" East, 20.00 feet, to the POINT OF BEGINNING. EXCEPTING THEREOF the following described two (2) areas: Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument, Thence on the westerly line of said Section 25, North 0°24'56" East, 961.43 feet; Thence leaving said westerly line, South 89°35'04" East, 38.00 feet, to a point on the easterly right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street; Thence on said southerly right-of-way line the following three courses: 1. South 89°35'11" East, 140.64 feet; 2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle of 6°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet; 3. North 83°57'29" East, 143.48 feet, Thence leaving said southerly right-of-way line, South 06°04'08" East, 121.06 feet, to the POINT OF BEGINNING; Thence North 85°05'23" East, 98.75 feet; Thence South 00026'44" West, 105.40 feet; Thence North 89°33'16" West, 87.34 feet; Thence North 06°04'08" West, 96.81 feet, to the POINT OF BEGINNING. Commencing at the Southwest Corner of said Section 25, marked by an aluminum cap monument, Thence on the westerly line of said Section 25, North 0024'56" East, 961.43 feet; Thence leaving said westerly line, South 8935'04" East, 38.00 feet, to a point on the easterly right-of-way line of North Linder Road and the southerly right-of-way line of West Deer Crest Street; Thence on said southerly right-of-way line the following three courses: 1. South 89°35'11" East, 140.64 feet; 2. 115.94 feet along a circular curve to the left, having a radius of 1,029.00 feet, a central angle of 6°27'20", and whose long chord bears North 87°11'09" East, 115.88 feet; 3. North 83°57'29" East, 123.48 feet, Thence leaving said southerly right-of-way line, South 06°04'08" East, 122.15 feet, to the POINT OF BEGINNING; www.thelandgrou pinc.corn Page 6 of 6 I IIt 1.A, -ii 61(ot P, 1 Thence South 06°04'08" East, 112.92 feet; Thence South 74011'44" West, 73.11 feet; Thence South 89°35'04" West, 16.63 feet; Thence North 00°24'56" East, 115.48 feet; Thence North 77°23'10" East, 76.03 feet, to the POINT OF BEGINNING. The above described easement, including exclusions, contains 1.22 acres more or less, subject to all existing easements and rights-of-way. Attached hereto is Map 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 208-939-4041 208-939-4445(fax) Michael S. Femenia PIL a a 13550 OF ��PF� S. wwwShelandgrouptnc.com Y ;a i I W.Deer Crest St. *T S89°35'11"E 140.64___; I °esi°°edbyr MSF t 89''35'04"E 36.00 i I ' i9nY.+S�Mmsuontl lrnlM�+MtK Easement "B" N L -- I I� I c' Irr I� N C1 93°7--2 143.4 kk k ► n n r-� -j L J L I k II k Excluded ! ! k I ! k ! U u l Commercial Southwest Subdivision No.#3 j SEWER & WATER EASEMENT "Linder Springs Apartments" I L I r... ! ! ! I I I n n ! LL/> J I.-_ — a -i �, l ! r -i r'�J I SW COR. SECTION 5 I T4N, R1 W, L CP&F#109044123 W.McMillan Rd. s------------- 0 tOV 2OD Easement HORIZONTAL SCALE: I'= 100' P` =m 1 r r- R*CI NO. 115061 Ducal Js xe, OVIfi+M15 °esi°°edbyr MSF t SheeNo No i ' i9nY.+S�Mmsuontl lrnlM�+MtK Easement "B" L -- Meridian Idaho SEWER & WATER EASEMENT "Linder Springs Apartments" I L I r... ! ! ! I I I n n ! LL/> J I.-_ — a -i �, l ! r -i r'�J I SW COR. SECTION 5 I T4N, R1 W, L CP&F#109044123 W.McMillan Rd. s------------- 0 tOV 2OD Easement HORIZONTAL SCALE: I'= 100' P` =m T 7'� �'[a LAM ®�•� 1I1� L�f'1L�lD GR�I/II �ArA2 INCORPORTW 482 Easl Shore Drive, S 6 100 .939.4Itlaho83618 Phone 208.939.4041 •Fax 20B, 939,4445 Sheet Trte Linder Springs Apartments Sewer & Water R*CI NO. 115061 Ducal Js xe, OVIfi+M15 °esi°°edbyr MSF Sherr STAFF SheeNo No i ' i9nY.+S�Mmsuontl lrnlM�+MtK Easement "B" Meridian Idaho Meridian City Council Meeting DATE: February 3, 2015 - ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: F. 'Water Easement with C4 Land, LLC for Citadel 2 MEETING NOTES rte✓ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION [SATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-008809 BOISE IDAHO Pgs=7 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111 IN III III III 00062944201500088090070079 WATER MAIN EASEMENT THIS INDENTURE, made this 3rrf day of t' , 20A S- between C4 LAND LLC, the parties of the first part, and hereinafter called the GRANTOR, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTOR desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTOR, and other good and valuable consideration, the GRANTOR do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times.. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area of the easement and adj acent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.doc THE GRANTOR hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenant and agree with the GRANTEE -that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: C4 LAND LLC - 1\ Zft-�hl Oep Z W - V Member 1627 S. Orchard Street, Ste 24, Boise, Idaho 83705 Address STATE OF IDAHO ) : ss. County of Ada ) On this 16 day of January, 2015, before me, the undersigned, a Notary Public in and for said State, personally Jim Conger, known or identified to me to be a Member, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,,`•11.1.11....,,0. � e PUB1.1 •' .'•Ba TE o r VQ �... •fffOf ftl 1/1/1'' NO ARY PUBLIC FOR IDAHO Residing at: ",a- &®li.a.4 Commission Expires: /4 /I y Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy deW r , Mayor - ,k ucLsf gat" 9� City of 4z Attest b ycee L. Holman, City Clerk TI;I r SEA v Approved By City Council On: ' rhe 7RE'n5� STATE OF IDAHO, ) : ss County of Ada ) On this 3rA day of hY1)oy-c4 , 20 , , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTAR PU LIC FOR I�7AHO Residing at: LtcAad kC�-" Commission Expires: Water Main Easement EASMT WAT 11-15-13.doe Sawtooth Land Surveying, LLC t c F: (208) 398-810,4 F: (208) 398 5105 -- 101 Cana( 5t., Fmmett, ID 83617 February 16, 2014 Citadel 2 Water Easement Legal Description A parcel of land located in the SWI/4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCTNG at a found aluminum cap marking the W114 corner of Section 21; Thence South 0"00'00 West, coincident with the west line of the SW1l4 of said Section 21, a distance of 196.20 feet to the centerline of the Ridenbaugh Canal; Thence South 68'20'30" East, coincident with said centerline of the Ridenbaugh Canal, 47.60 feet and the beginning of a non -tangent curve; Thence 4.05 feet along the arc of said curve, to the right, and said centerline of the Ridenbaugh Canal, with a central angle of 034'51", a radius of 400.00 feet, subtended by a chord bearing South 68°03'03" East, 4.05 feet, to the easterly right of way line of S. Eagle Road; Thence South 0°00'00" West, coincident with said easterly right of way line of S. Eagle Road, 158.03 feet to the POU1qT OF BEGINNING; Thence North 90°00'00" East, 2.50 feet;. Thence North 0°00'00" East, 6.41 feet; Thence North 90°00'00" East, 15.00 feet; Thence South 0°00'00" West, 6.41 feet; Thence North 90°00'00" East, 895 feet; Thence South 71'15'12" East, 84.84 feet; Thence South 43'00'11" East, 57.56 feet; Thence South 66100'09" East, 119.64 feet; Thence North 90'00'00" East, 98.81 feet; Thence North 51120'25" East, 32.01 feet; Thence North 89"5851 East, 3 1.3 8 feet; P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 WATER ESMNT.doex Page 11 Thence South 0'00'00" West, 20.00 feet; Thence South 89°58'51" West, 24.36 feet; Thence South 51'20'25" West, 6.40 feet; Thence South 0'00'00" West, 236,00 feet; Thence North 90'00'00" East, 29.47 feet; Thence South 0100'00" West, 20.00 feet; Thence South 90'00'00" West, 349.47 feet; Thence South 0'00'00" West, 36.56 feet to the north boundary of a shared access easement per Inst. No. 105053542, Ada County Records; Thence North 89107'40" West, coincident with said access easement, 20.00 feet; Thence North 0'00'00" East, 56.25 feet; Thence North 90'00'00" East, 79.99 feet; Thence North 0'01'12" East, 20.04 feet; Thence North 90*00'00" East, 20.00 feet; Thence South 0°01'12" West, 20.04 feet; Thence North 90'00'00" East, 220.01 feet; Thence North 0'00'00" East, 220.00 feet; Thence South 90100'00" West, 110.07 feet; Thence North 66'00'09" West, 98.46 feet; Thence South 90'00'00" West, 33.00 feet; Thence North 0'02'36" West, 18.50 feet; Thence North 43100'11" West, 48.01 feet; Thence North 71'21'34" West, 76.22 feet; Thence South 90'00'00" West, 23.17 feet to said easterly right of way line of S. Eagle Road; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\1 3108 -CITADEL 2 WATER ESMNT.docx Page 12 Thence North 0*00'00" East, coincident with said easterly right of way line of S. Eagle Road, 20.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.515 acres more or less. Together with and subject to covenants, easements and restrictions of record. Carl Porter PLS End Description P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 WATER ESMNT.docx Page 13 11 1 e—ICR fElF., :1 sa POINT or BE Lar rr•i Z, ip J. LINE TABLE C} AL LAIVZ�s GEN 14221 � �P�vki!� s8. oil 1 4 sow . or m Lts 34947' L14 CURVE TABLE FCURVE ARC LENGTH DELTA ANGLE i�—LNWI: I:LR—ADFU-�HD 1 Cl US S 51FOY03- E (Y3451 400.00 .05 NTS PROJECT. OMERIDEVELOPER:'oArviNk DWG# 101 CANAL ST CITADEL 2 C13 EMMETT, ID 83617 L_L3�1_08 WATER EASEMENT P: (2 -0 -8, )398-8104 PRojEcT# .5AWrocrIll F.'(208) 398-8105 13108 SHEET DATE: 1/16/2015 WWW SAWTOOTHLS.COMI 1OF1 m Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: C. Pedestrian Pathway Easement Between C4 Land LLC and the City of Meridian Regarding Citadel 2 ,Mini Storage Development 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 2015-008810 BOISE IDAHO Pgs=9 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 11111111111111111111111111 00062945201600088100090090 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this --�-. day of R-bwa , 2015, between G' -j La.1,9 LL,— , hereinafter" referred to as "Grantor", and the City of eridian, 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. Pedestrian Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is 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. GRANTOR: ►_ J Its: W L064 -Wo STATE OF IDAHO ) ss County of Ada ) On this day of �� , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared -�,4 rn. known or identified to me to be the : ' that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ®eeaf�lYU�ry°°•, o,Ss•j°+s. •+ e SOT AR y s so® s �f m • . q * • tG o e1o� Pedestrian Pathway Easement NOTARY PUBLIC FOR IDAHO Residing at:yi.S-L> Commission Expires: GRANTEE: CITY OF MERIDIAN Tammy de W d, Mayor f AUCity of Attest aycee Holman, City CEI'IDI1 N*Approved By City Council On:�� STATE OF IDAHO ) ss. County of Ada ) On this qday of o , 2015, before me, the undersigned, a Notary Public in and for said State, personall ppeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. NOTARY-PUBLIC1 Residing at: Wyk Commission Expires: �U Pedestrian Pathway Easement dc-- Sawtooth Land Surveying, LLC �Y +� P, (208) 398-8104 F: (20b� 398-8105 101 Canal St., Emmett, ID 8361 7 January 16, 2015 Citadel 2 Pathway Legal Description A parcel of land located in the SW 1I4 of Section 21, T. 3 N., R. 1 E., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows; COMMENCING at a found aluminum cap marking the W1/4 comer of Section 21; Thence South 000'00" West, coincident with the west line of the SW1I4 of said Section 21, a distance of 196.20 feet to the centerline of the Ridenbaugh Canal; Thence South 68120'30" East, coincident with said centerline of the Ridenbaugh, Canal, 47.60 feet and the beginning of a non -tangent curve; Thence 4.05 feet along the are of said curve, to the right, and said centerline of the Ridenbaugh Canal, with a central angle of 0'34'51 ", a radius of 400.00 feet, subtended by a chord bearing South 68°03'03 East, 4.05 feet, to the easterly right of way line of S. Eagle Road; Thence South 0"00'00" West, coincident with said easterly right of way line of S. Eagle Road, 81.08 feet to the POINT OF BEGINNING; Thence South 89°54'48" East, 53.43 feet to the beginning of a tangent curve; Thence 44.59 feet along the are of said curve, to the right, with a central angle of 41'53'09", a radius of 61.00 feet, subtended by a chord bearing South 68'58'14" East, 43.61 feet to the point of reverse curvature; Thence 15.34 feet along the arc of said curve, to the left, with a central angle of 1115'35" , a radius of 697.86 feet, subtended by a chord bearing South 48"39'27" East, 15.34 feet to the point of compound curvature; Thence 19.11 feet along the are of said curve, to the left, with a central angle of 1"16'22", a radius of 860.32 feet, subtended by a chord bearing South 49155'26" East, 19.11 feet to the point of reverse curvature; Thence 16.09 feet along the arc of said curve, to the right, with a central angle of 3'13'38", a radius of 285.73 feet, subtended by a chord bearing South 48156'48" East, 16.09 feet to the point of compound curvature; Thence 14.87 feet along the are of said curve, to the right, with a central angle of 202'55", a radius of 415.75 feet, subtended by a chord bearing South 46°18'31" East, 14.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 11 Thence 21.55 feet along the are of said curve, to the right, with a central angle of 1'25'46", a radius of 863.96 feet, subtended by a chord bearing South 44'34'10" East, 21.55 feet to the point of compound curvature; Thence 18.64 feet along the arc of said curve, to the right, with a central angle of 4'37'18", a radius of 231.04 feet, subtended by a chord bearing South 41'32'38" East, 18.63 feet to the point of reverse curvature; Thence 18.98 feet along the arc of said curve, to the left, with a central angle of 8°19'34", a radius of 130.65 feet, subtended by a chord bearing South 43023'47' East, 18.97 feet to the point of compound curvature; Thence 26.06 feet along the arc of said curve, to the left, with a central angle of 4'l 6'54", a radius of 348.72 feet, subtended by a chord bearing South 49042'01" East, 26.05 feet to the point of compound curvature; Thence 19.98 feet along the arc of said curve, to the left, with a central angle of 5'42'19", a radius of 200.64 feet, subtended by a chord bearing South 54°41'38" East, 19.97 feet to the point of compound curvature; Thence 25.65 feet along the arc of said curve, to the left, with a central angle of 6°04'35", a radius of 241.84 feet, subtended by a chord bearing South 60035'05" East, 25.63 feet to the point of compound curvature; Thence 18.55 feet along the arc of said curve, to the left, with a central angle of 8°45'48", a radius of 121.32 feet, subtended by a chord bearing South 68'00'16" East, 18.54 feet to the point of compound curvature; Thence 26.04 feet along the arc of said curve, to the left, with a central angle of 8°51'25", a radius of 168.43 feet, subtended by a chord bearing South 76148'52" East, 26.01 feet to the point of compound curvature; Thence 19.01 feet along the arc of said curve, to the left, with a central angle of 12°55'48", a radius of 84.24 feet, subtended by a chord bearing South 87°42'29" East, 18.97 feet to the point of compound curvature; Thence 12.72 feet along the arc of said curve, to the left, with a central angle of 14°18'21", a radius of 50.95 feet, subtended by a chord bearing North 78°40'26" East, 12.69 feet to the point of compound curvature; _...... Thence 28.00 feet along the arc of said curve, to the left, with a central angle of 5°26'23", a radius of 294.95 feet, subtended by a chord bearing North 68048104" East, 2799 feet to the point of compound curvature; Thence 16.82 feet along the arc of said curve, to the left, with a central angle of 5°03'28", a radius of 190.53 feet, subtended by a chord bearing North 63°33'09" East, 16.81 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 12 Thence 24.72 feet along the arc of said curve, to the left, with a central angle of 3°20'36", a radius of 423.64 feet, subtended by a chord bearing North 59°21'07" East, 24.72 feet to the point of compound curvature; Thence 21.50 feet along the arc of said curve, to the left, with a central angle of 5040'02", a radius of 217.40 feet, subtended by a chord bearing North 54°50'48" East, 21.49 feet to the point of compound curvature; Thence 10.04 feet along the arc of said curve, to the left, with a central angle of 1 ° 16'31 ", a radius of 451.14 feet, subtended by a chord bearing North 52°39'02" East, 10.04 feet; Thence South 36150'26" East, 12.00 feet to the beginning of a non -tangent curve; Thence 9.80 feet along the arc of said curve, to the left, -with a central angle of 1°16'43", a radius of 439.14 feet, subtended by a chord bearing South 52°39'08" West, 9.80 feet to the point of reverse curvature; Thence 22.69 feet along the arc of said curve, to the right, with a central angle of 5°40'02", a radius of 229.40 feet subtended by a chord bearing South 54150'48" West, 22.68 feet to the point of compound curvature; Thence 25.42 feet along the arc of said curve, to the right, with a central angle of 3°20'36", a radius of 435.64 feet, subtended by a chord bearing South 59°21'07" West, 25.42 feet to the point of compound curvature; Thence 17.88 feet along the arc of said curve, to the right, with a central angle of 5°03'28", a radius of 202.53 feet, subtended by a chord bearing South 63033'09" West, 17.87 feet to the point of compound curvature; Thence 29.14 feet along the arc of said curve, to the right, with a central angle of 5°26'23", a radius of 306.95 feet, subtended by a chord bearing South 68°48'04" West, 29.13 feet to the point of compound curvature; Thence 15.72 feet along the arc of said curve, to the right, with a central angle of 14°18'21", a radius of 62.95 feet, subtended by a chord bearing South 78040'26" West, 15.68 feet to the point of compound curvature; Thence 21.72 feet along the arc of said curve, to the right, with a central angle of 12°55'48", a radius of 96.24 feet, subtended by a chord bearing North 87°42'29" West, 21.67 feet to the point of compound. curvature; Thence 27.89 feet along the arc of said curve, to the right, with a central angle of 8°51'25", a radius of 180.43 feet, subtended by a chord bearing North 76°48'52" West, 27.86 feet to the point of compound curvature; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 13 Thence 20.39 feet along the arc of said curve, to the right, with a central angle of 8°45'48", a radius of 133.32 feet, subtended by a chord bearing North 68000'16" West, 20.37 feet to the point of compound curvature; Thence 26.92 feet along the arc of said curve, to the right, with a central angle of 6°04'35", a radius of 253.84 feet, subtended by a chord bearing North 60°35'05" West, 26.91 feet to the point of compound curvature; Thence 21.17 feet along the arc of said curve, to the right, with a central angle of 5142'l 9", a radius of 212.64 feet, subtended by a chord bearing North 54°41'38" West, 21.16 feet to the point of compound curvature; Thence 26.96 feet along the arc of said curve, to the right, with a central angle of 4016'54", a radius of 360.72 feet, subtended by a chord bearing North 49°42'01" West, 26.95 feet to the point of compound curvature; Thence 20.73 feet along the arc of said curve, to the right, with a central angle of 8°19'34", a radius of 142.65 feet, subtended by a chord bearing North 43°23'47" West, 20.71 feet to the point of reverse curvature; Thence 17.67 feet along the arc of said curve, to the left, with a central angle of 4'37'18", a radius of 219.04 feet, subtended by a chord bearing North 41'32'38" West, 17.66 feet to the point of compound curvature; Thence 21.25 feet along the arc of said curve, to the left, with a central angle of 1'25'46", a radius of 851.96 feet, subtended by a chord bearing North 44'34'10" West, 21.25 feet to the point of compound curvature; Thence 14.44 feet along the are of said curve, to the left, with a central angle of 2°02'55", a radius of 403.75 feet, subtended by a chord bearing North 46'l 8'3 1 " West, 14.44 feet to the point of compound curvature; Thence 15.42 feet along the arc of said curve, to the left, with a central angle of 3°13'38", a radius of 273.73 feet, subtended by a chord bearing North 48°56'48" West, 15.41 feet to the point of reverse curvature; Thence 19.38 feet along the arc of said curve, to the right, with a central angle of 1°16'22", a radius of 872.32 feet, subtended by a chord bearing North 49155'26" West, 19.38 feet to the point of compound curvature; Thence 15.61 feet along the arc of said curve, to the right, with a central angle of 1'15'35", a radius of 709.86 feet, subtended by a chord bearing North 48°39'27" West, 15.61 feet to the point of reverse curvature; Thence 35.82 feet along the arc of said curve, to the left, with a central angle of 41 °53'09", a radius of 49.00 feet, subtended by a chord bearing North 68'58'14" West, 35.03 feet; Thence North 89°54'48" West, 53.41 feet to said easterly right of way line of S. Eagle Road; P:\2013\13108 -CMG -CITADEL 20rawings0escriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 14 Thence North 0'00'00" East, coincident with said easterly right of way line of S. Eagle Road, 12.00 feet to the POINT OF BEGINNING. The above described parcel contains 0.13 acres more or less. Together with and subject to covenants, easements and restrictions of record. LA 0 End Description OF P:\2013\13108 -CMG -CITADEL 2\Drawings\Descriptions\13108-CITADEL 2 SIDEWALK ESMNT.docx Page 15 w r/4 caaxm 50057811 1e ^.,;;g;7n, F 3 o - � r'.�71,J7 DF BFG±IJIFNG ;d 53.41' ^�7 t �O 4 W 3 0 [ PROJECT. 1 CITADEL 2 PATHWAY EASEMENT CURVE IABLE LA�h� P ✓ P'.��IV�V C=+. c,1,. ►� Iice 0 133 Rc.f C e'r2 CJ 0a a �3 Crd Cr3 Cie'tl. CURVE I ARC LENGTH .- DELTA ANGLE +7A61us CNCigO BFAR4NG 1 CHORD LENGTH C_ i C2 4.05 44.59' IX34'S1' 41'53"0p 406.00 69,00' 5.68'03'03' E S 6®'59°14" i 4.05' C3 15,34' 1'15'35° 697.66' S 48'39 27" E 15.34 C4 19.11 7'16'22' 860.32 1 5 49'55'26 E 19-11- 05 16.09' 3'13'36 265.73 I 5 48.56'48 E _- I 18.09' C6 14.87' I 2'62'55' 415.75' 545'10'31" E 14,66' 27 21.55 T'2S'45' T- _." -1363,91 5 44'34'195' E 21.65 C8 18:64' - 4'3718" 231.04' 5 412'38' E 18,63 co. 7$..998'19 34° 136.85' 43' E 2:14-1 18.97 1 090 26.06' 4'16 $4' 348,72 5 49'42"UT" E 26.05' 011 19.98' ---- 1@' 2170.64 S 54'41'38 E 19.97' 012 25.65 _5'42 6'04'35" 241"84 S 50'35'05' E -25.63 C13 18.55 8'45'46- 121.32' S 68'00' 16' E 18,54' 014 26.04 , 8'51'29' 168.43' S 7548'52 E 28 01' C15 _ 19.01 12-55-40- 84.24' S 67'42 29' E 19.97' - C16 12.72' I 14'18'2150.95 _ N 78°40'26" E!_ 12,69' - C17 _. 28.00' 5'26'23 294.85' - N 68'43.04 E27.99 _ 018 16.62 5'63'28 790.53' N 63'3309' E 16.81 Cis 24.72 3'26`36' - 423.64' N 59'21'67' E 1 24-72- C20 21.50' 5'4062' 217.40 N 54'54 48 E 21.49' C21 10'.04' i`1631' 451.14 N 52'3902 E 70.09' C22 _ 1' 163° 4 439.14 S 52'39'06'w 9.80' C23 22.69.. 5'40402'229.4'3' S 54'50'48" W 22.58 024 j 29.42' 3'2£1'36` 435,64' S 59'21x07" W _ 25.42 C25 17.88' 5'03'28' 202.53 S 6X33'09 W 17.87 026 28.14' 5'26'23' 306.95' S fi8'48'04- W 29-13- C27 15.72' 1 74' I S 21' 62.95 5 78'40'2$'W 15.68' C28 21.72 1 12`5546 86,24 N 87'4229" W 21,67' _029....__._ 27.89 8`51'25 180.43` N 76'48 52' W 27.86` 030 20.39 B'45.46" 133.32° N 66'00'i6` W 20.37" C31-- 26.92' 6'04'35" 253,64 N 60'35'05 W 2$.91' C32 29;17° 5'42'19" 212,64 N 54'4138 W 21.91' C33 26.96 4'16'54" 360.72 N 49'42'01' W t 26.96' C34 ...20.73 8`19'34` 142,65' N 43'23'47` W 1 20.71 035 17.87 4`,}7`18 2T 9.04 Al 41'32 3$' W ; 17 66 C36. 21,25 1'25'46" $51,91' N 44'34'10 W E 21.25 - C37 F4.44 _ 2'02'55' 403.75' N 46'18'31` W 1444' C38 Gap 15,42' i9,38' __f 3' 113'38' 1'15'22" 273,73 $72,32 N 46'56`48 W N 49.55'26' W 15.41' 19.36' C40 15.61 1'15'35" 706.86` N 48"39'27" C41 35.82 4 635] 0351 9' 49.00' N 68'58'14' W 35.03' OWNERIOEVELOPER, X63 1/12/2015 N TS 101 CANAL ST EMMETT 10 83617 131 a8 P:208) 398-8104 PWXIECI,' f ry F: 0208 398-8105 13108 WWW. SAWTOOTH PLS. COM 1 OF 1 Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 6H PROJECT NUMBER: MDA 14-004 ITEM TITLE: Kinsley H. Development Agreement for Approval: NIDA 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. # 1451844653 and # 10810115 1) for the Purpose of Excitiding the Property AND Creating a New Development Agreement to Include the Project Boundary and Site Plan Proposed with Kinsley Subdivision MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERICS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-008811 BOISE IDAHO Pgs=41 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 111111111111111111111111111111 1111111111111111 111 00062946201600088110410410 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. D.L. Evans Bank, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this day of a vl ,�,0'1'by and between City of Meridian, a municipal corporation of the State of Idaho, her- afterr ca ed CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and D.L. Evans Bank, whose address is 2560 E. Fairview Avenue, Meridian, Idaho 83642, hereinafter called OWNER/DEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Modification of a Development Agreement to exclude the property from the original development agreements (Instrument #105184653 and #108101151) for the sole purpose of entering into a new one on 3.42 acres described in Exhibit "A". Owner/Developer also requested a rezone of the property from L -O (Limited Office) and R-15 (Medium High density residential) to C -C (Community Business District), 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 DEVELOPMENT AGREEMENT —KINSLEY (MDA— 14-004) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on 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 21" day of October, 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 final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers D.L. Evans Bank, whose address is 2560 E. Fairview Avenue, Meridian, ID 83642; the party that is DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 2 OF 8 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 re -zoned Community Business District (C -C) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of this site shall substantially comply with the site plan, landscape plan and bank elevations in Exhibit A of the Findings of Fact and Conclusions of Law (Staff Report). 5.1.2 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. 5.1.3 Development of the subject property shall comply with the C -C standards listed in UDC 11-213-3. 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. 5.1.4 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. 5.1.5 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 5.1.6 The Property and this development are no longer subject to recorded Development Agreement Instrument # 105184653 and Instrument #108101151. DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 3 OF 8 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 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 O WNER/DEVELOPER: D.L. Evans Bank 2560 E. Fairview Avenue Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 5 OF 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18, INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them DEVELOPMENT AGREEMENT - KINSLEY (MDA - 14-004) PAGE 6 OF 8 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval ofthe 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: D. L. Evans Bank 2 U By: STATE OF IDAHO ) ss: County of Ada, On this day ofjaakar , 2014r,befo me, the undersigned, a Notary Public in and for said St e, p rsonally apeared ,�,, a �,�t , known or identified to me to be the .,,, of D.L. Evans Bank, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) �'°,..,�.`� Notary Public daho 0 ye`i Residing at: i My Commission Expir s: 01-30-19 a '°00000° r oma® STATE OF IDAHO ) ss County of Ada On this day of ryov"� , -I@-t4, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L$olman, know or identified to me to be the Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certif Cate first above written. N x F � o (SEAL){z NotaryPublic for Idaho Residing at: a.✓1. ¢"e�t�f, t"�(' .>•' .` Commission expires: a,y-y L4 y DEVELOPMENT AGREEMENT — KINSLEY (MDA — 14-004) PAGE 8 OF 8 January 7, 201+1 Pl(ojecl No. 113116 Riddled IlPscriltilon Kinsley Subdivision 3A2 Acres EXHIBIT A r,r - I I frli S.A%M (411$11P, tNC: Exhibit "A" page. 1 of 1 A tract of fantf 5lturrtrrl ht the Sodrth% esr One Lluarter of the Northwest One Quarter of Section 11, Township 3 North, Range 1 Wt -,5l, Ildnlse Marldlan, City of Meridian, Ada County, Idahn, descrihad as foliows: BEGINNING at the West One Quarter Corner of said Section it, thence following the westerly line of said Seciloo 11, Notth @°iT0'Ofi" Vmv a distance of 518.30 Beet, Thence leaulog said westerly lane, North 89`59'20" East a distance of 143.99 feet; Thence South 010070" East a distance of 3,1.09 facet; thence Nnrth 8;3'59'10" East a distance of 49 IM feet; Thence South 0`04'40" fast a distance of 323.37 feet; ThcAce 5uuth 89°59'20" West a distance of :1.09 feet; Thence Sodth 0'22'5G" West a disianw cal 50.50 feet; Thence South 89'37'08" East a distance of 55.12 feel,- Thence eel;Thence South 0°26'08" We.sl a distance of 132.37 fret to the southerly thre of the said Southwest One Llararler of the NorthwasT One Quarler of Section 11; Thence following said southerly Ilne, North 119`36'16" West a distance of 325.91 feet to the POINT OF 3EGINNING. The ahos'e-descrllied tract of land contains 3.42 acres more or less, subloct to all existing easements dodt ffghts-of-way. Attached hereto is Uliilrlt "13' and by this reference is made a port hereof. Prepared By. TH f LAND GROUP, INC. 462 F. SHORE RRIYI', 5t11TE 100 tl*Gtl, IDAHO 83616 Kinsley — MDA 14-004 fentevettaw!i;u � • ++�, t+."�,I CITY OF MERIDIAN N �� FINDINGS OF FACT, CONCLUSIONS OF LAWCA0 -- AND .?j a1 P4 t DECISION & ORDER 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 bearing 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 I . 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 comments) 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 C, 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 § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for rezone, 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 Prelirninary/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 11-613-7A). In the event that the development of the preliminary plat is made in Successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC I1-6:13-7.13). Upon written request and filed by the applicant prior to the termination of the period in accord with I 1-613-7.A, the Director may aUthOrize a single extension of time to obtain the City Engineer's signature on tile 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 prelirainary and final plat or short plat to comply with the current provisions of Meridian City Code Title 1.1.. 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- 613-7Q. Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit,.when granted, shall be valid fora 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 I I -513-6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (t) two (2) year period. Additional time extensions tip 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 I I -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 Z> 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 6 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, FIFP- 14-001, CUP -14-002 and MITA-14-004 -3- By action of the City Council at its regular meeting held on the day of.. 2014. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL, VICE PRESIDENT KEITH BIRD VOTED 040,— COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BOR'I'ON VOTED L , q COUNCIL MEMBER LTJKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED 14t -0— MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor-°Tmnmy- l'6 Wmrd- Attest: Ciiv of 4 ?l .)I)IAI'.1. Jaycee Ifo nan, City Clerk V-, E. t Copy served upon Applicant, The Plamin-0epa'rth� fit, Public Works Department and City Attorney. BY -1 ---_ _ Dated: to ID Z)/%_/ City lie •k 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: S UBJ ECT: EXIIIBIT A October 7, 2014 Mayor and City Council Bill Parsons, Associate City Planner 208-884-5533 Bruce Preckleton, 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 (R7_,) of approximately 3.42 acres from the L -O (Limited Office) and R-15 (Medium i-ligh-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 rrtcrre irrfor•mulion, I1. SUMMARY RECOMMENDATION Staff recommends approval of the proposed R7, 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 vi. Other staff commenting on application: None b. Key Issue(s)- of Discussion by Commission: i. None c. Key Commission Changes) to Staff Recommendation i. None d. Outstanding Issue(s) for City Council: i, Right-in/right-out only access to Pine Avenue. ACHD supports the proposed ac -cess Rot int• Kinsley- R/. PFP, CLIP and MICA PAGE I EXHIBIT A The Meridian City Council heard these items on October 7, 2014. At the nublie hearjn�z Council annroved the subject RZ. Pr -4P, CUP and MAA rennest 'ummary of City Council Public Hearing: L In favor: Tamara Thompson jL in oppositjon: None RL Commenting: Jessica Aguilar j-Y� Written testimony: Tamara Thomnso L Staff nresentjng annlication: Bill Parsons A Other staff comntent'rnu on annlication: None j, Key Issues of Discussion by Council: L Hours of operation. jL Timing for the clean -un of the nroneJ:jy. Key Council Changes to Staff/Commission Recommendatjon L Condition 1.3.1a was modified to allow the rjght-in/0gllt-out access to Ten Mile Road City Council's and ACHD's annroval. 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 (lie hearing date of October 7, 2014, with the following modifications: (Add any proposed modifications) Denial After considering all staff, applicant and public testimony, Z move to deny File Numbers RZ-)4-003, 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-1.4-001:, CUP -14-002 and MDA -14-004 to the hearing date of (insert continued hearing Mate 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 1/4 ofSection 1 1,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. PF'P, CUP and M DA PACIE 2 EXHIBIT A and development agreement modification. A public hearing is rewired before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications publishedon: March 31, and April 14, 2014 (Commission); Setntembei 1.5, 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 ofPrevious Actions: • In 2000, the property received annexation, preliminary plat and conditional ase- 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 protect was never constructed. A development agreement was required with the annexation of the property (instrument 41001-03906). • 1n 2004, the City Council approved a new preliminary plat (PP -04-035), conditional use permit (CUP -04-040) and development agreement modification (MI -04-01 1) for Sommersby SuGbdivision. 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 Sonnmersby Subdivision (FP -05-071 and FP -06-024) which has developed with a mix of siingle family detached homes; townhornes 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 app] icant 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, CanalslDitehes Irrigation: No rnajor facilitiesexist on this property. 2. I:lazards: NA Kinsley — RZ. PFP, CUP and NIDA PAGE 3 EXHIBIT A 3. Flood Plain; This property is not within the flood plain. VTI. 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 Flan. Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): I, "Require all commercial development and industrial businesses to install and maintain landscaping." (2.07.038) A 25 -foot wide landscape buffer is required adjacent to TV. Pine .Avenue and N. Ten Mile Road; a 10-fiaot Icrrrciscczpe huffier is required acl'jacent to the private streets in accord with UDC I1 -3B - 7C, 2. "Permit nese developnnent only where urban services can be reasonably provided at the time of Final approval and development is contiguous to the City." (3,01.01 F) Cite services are readily available to serve the proposed commercial development 3. "Encourage infill development in vacantlundeveloped areas within the City over fringe area development to halt the outward progression of urban development." (5.01.028) The proposed development is Gun rrfll pro ect consistent with this ohfeetive. 4. "Review new development for appropriate opportunities to connect local roads and collectors to adjacent properties." (3.03.020) The applicant is proposing right-inlright-out only access. j -om Pine Avemee acrd a northern access to W, Acarrea consistent ivith the UDC, 5. "Plan for a variety of commercial and retail opportunities within the Area Of City Impact." (3.05,01,) This area of'Meridian lacks many commercial services including the financial institution and retail uses. When the &n7mersby project was approved, it 'tiers envisioned that once uses worrlc accompany the residential uses. Xom, that the Ten Mile .Interchange is completed, N, Ten Aide Road is transitioning into a major mobifl v corridor facilitating the need to provide neighborhood friendly cornrnercial arses in the area. Given the scene and bulk of the proposed commercial development, staff is of the opinion that the proposed services will complermrtt the e, istirr T residential uses in the area and provide various commercial opportunities that are currently lacking in the area: 6. "Protect existing residential properties from incompatible land use development on adjacent parcels," (3.06.01 F) The property has always been contemplated for commercial uses and the original concept plan integrated the q jice uses ivith the multi-farrrily arses. The applicant is proposing more intense Kinsley — RZ. PFT, CUP and MDA PAGE 4 EXHIBIT A commercial uses holt ever the commercial buildings are oriented awayfrom the 7312 hi—jandly butildings (incl sep(rratecl by pclrking (11711andscaping. St(lff bel eves there is adequate transitioning, between the proposed co7717i1ei'elal developtnetiI and the existing milli -fancily developn7ent, 7. "Reduce the number of existing access points onto arterial streets by using methods such as cross access agreements, access management and frontagelbackage roads." (3;03.02N) The applicant is ,seeking al)proval for a right-in/right-oast access to Pirie Avenue. .Staff is sarpportive of the Pine Avenue access. The CIDC restricts access to arterial streets when local Street access is provided A northern access to W Acarrea is prol)ob'ed 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 (IIDC) 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 I 1-213,2 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 I isted- in UDC Table 11-213-3 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 11-313-8C. 1✓, OCL' -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 vcvLtaOPMrN'rAGRE MEnT MODIrtCA'('toN (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 hank site (Lot 1, Block 1). The other drive-through depicted oil Lot 2, Block 1 is not approved and will require the approval ofa conditional use permit to establish the use. In general, staff is supportive of the proposed concept plan. Kinsley — V. P111, CUP and MDA PAGE 5 EXHIBIT A Underthe 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. PRELIMINARY/FINALPLA`r (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. Tile UDC does not have a minimum lot size standard for the commercial development and the required landscape buffers meet the dimensional standards ofthe UDC as noted below. Access: UDC 1.1-3A-3 requires the commercial development to take access from the internal private streets as contemplated with the Sommersby project. The applicant is seeking Council waiver for a right-in/right-out access point to W. Pine Avenue and no access is proposed toN. 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 tile 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 behveen 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 ati 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 Load. The street buffer landscaping complies with the standards in accord with UDC I 1-313-7C however; the plan should be revised that includes a continuous 25 - foot wide landscape buffer along the entire Ten Mile frontage. The 25 -toot 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 ofassessments for the common areas prior to signature on the final plat by the City Engineer. An underground, pressurized irrigation Kinsley — Rl.. I'M CUP and NIDA PAGF 6 EXIIIBIT A system should be installed to all landscape areas per the approved specifications and in accordance with UDC 1 1-3A-1.5 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 connnercial 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 establislnnents 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 nnust be included on the revised plans submitted with the CZC application. Further, financial institutions usually provide self service facilities (ATM) for their patrons. The submitted site plan does not depict the location of one, f cttn ATM is proposed, the site plana needs to be revised to indicate the location of the ATM machine which inust comply with the self-service standards outlined in [JDC 11-3A- 16. B. Stacking lanes shall have sufficient capacity to prevent obstruction of the public right-of-way by patrons. The design ref the drive-thn crrrgh fox• tine bank (southern Fad site) provides three (3) drive-through lungs and an avit lung to allowfin- the stacking of vehicle and provide adequate site circulation. C, The stacking lane shall be aseparate lane ii•om aIle circulation lanes needed for access and parking. The drive-through slacking lanes are separate i•onn the circulation lanes needed for access and parking in accord with this requirement. D. The stacking lane shall not be located within tell feet (W) of any residential district or existing residence. X/1 (The proposed stacking lanes are not withinr 10 feel of u 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 liar each of die pad sites. 1) Provide a bike rack detail. 2) Pedestrian walkways must be provided from the perimeter sidewalks to (lie plain building entrances and distinguish the walkways from the vehicular driving surface tl)i-ough the use of pavers, colored or scored concrete, or bricks, per UDC 1.1 -3A -19A.4. 3) Relocate the existing mail kiosk oil 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. ]IFT, C'L311and iN/1DA PAGE 7 EXHIBIT A applicant should coordinate with the Post Master and the IIOA 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 batiks 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.f., a minimum of 30 vehicle parking spaces are required to be provided onthesite. 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 1.1 -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 abike 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 1 I - 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 11-313-8C. Lighting: Outdoor lighting is required to comply with the standards listed in UDC I 1-3A-1 1. if any fixtures are proposed that have a maximwn 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-3AA) restricts hours of operation on the site when abutting a residential district to the hours between 6 am and I I pill in C -C zoning district. Elowever, 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 tile 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. Summar: 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 —121, IT11, 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 —R/,. IIFP, CUP and MDA PAGE, 9 EXHIBIT A Exhibit AA: Vicinity Map Vicinity Map o 0.15 o: Miles 0 -. . 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PFP, CUP and IMDA 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 Page 1 o 1 d r 11116 C.A'N0 0110W., IML 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 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 distance of 122.37.feet to the southerly line of the said Southwest One Quarter of the Northwest One Quarter of Section 11; Thence followingsaid 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 a . . , 1�WiiI.tlC?j�P.r-Q..,6l,UI•L�f"t7111 Kinsley -- R/., 111T. CUP and IMDA PAGE 1 I EXHIBIT A I N89°59'20"E 193.99' W Aoarrera Ln, SO°00'40"E N89°59'20"E 34.00' 81,04' I Rezone Area tl I Sommersby Uj I. I,, ± Subdlvlslon No. 2 3,42 Acres fl m 55J2 l i c4 W•PkneAve, _ I N89'3646V 325.91' I W 1/4 CORNER SECTION 11 � • %. Aly Razon@ wravrrua r mauve: i THE LAND GROUP ` .. rr 9r+Yl,vi,ve I/ r`.N�>vo>Ik7�, Exhibit R ar,dar 462FWihm Ddn. b,Rs I D3 yg9 �+M Subdivision �I, hy� eiQ <hJMLt r4, me.4#ASF1•Fa.?JY �,9Ys.1�4°y� ..�._�.M.,� Rezone Exhibit Idaho OF }dsBUlen Kinsley —12!". PC P• CUP and IVIF)A PAGF 12 EXHIBIT A Exhibit A.3: Proposed Preliminary Plat (dated: 03/04/14) 7�— LI 9i ir IMF Oil .7,Z47, 0.131, IF gas sc all I AG 1` -------- - -- FR",% Preliminary Mat PP I Kinsley — RZ, 11H, CUP and MDA PAG V 13 EXHIBIT A Exhibit AA: Proposed Final Plat (dated: 02126/14) Final Plat for KINSLEY SUBDIVISION o - Wu*4Inapurm1ofh-3%div lIM,almRWttemlfIdulSeelfsafi. Towtnabig 3 North, Range i Wccl, B.M. a .. - C'i:y u! filarpli,n, Arta filumq IrlafxA • . + -. .. '-gym 4 r. n cunep ./ '' ,4,ar'Ir,rL, O . aCtN1: 1 ncF.v^.v Wo— .044 e,k 44 rll -- u.nurl•� i I m �---_ ----i SOla4'IAr T/WRtl 17L1 M141 r- \ F z, N. ©luff+vood Ln, (Private) A: r h T btu `y I 1 j t u w5 wF ,y j ) w�"" 4� N1^W191 1511 FZ. 1 :F fr° BLOCK i SI VE'41q+W Le f ! I MA.4f _..___ ,- r-. f1 rr � d9 �i xen �N.59,riW '�h T rr N. Ten Mile Rd d �I General Nass Y+ii r. 14LSL4 [rin`e na�'x'r +FJ-ar w>ir� �t'.ar .rv, ryy3•r,r ir! 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R4dF-i utslarw.x..¢nx ti,°�xa gar —�— r r 4 1r rnl..na'i Kinsley — RZ.1?F'P, CUP and MDA PAGE 14 IV THE LAND GROUP 1 f.f2lia L k `\�'•y, t. y� ,�UCtr�F S,[�nr asrs..l�ism a s,u im YA. eGl Yari,a i�lri fJl far 1, Fa ire.. br9..lewp ..o YRY ryrYI 11q l to Kinsley — RZ.1?F'P, CUP and MDA PAGE 14 EXHIBIT A Exhibit A.5: Proposed Landscape Plan (dated: 09125/14) (REVISED) Prehmmary .1 Landsoaue Notes Projou Calw1atio4s: Plantina Sohedule w4w lidr ICA jk- R OR /Ak Ptellminary Plat -Landscape Plan L1.0o Kinsley — RZ, PFT, CUP and MDA PAGE 15 EXHIBIT A Exhibit A.6: Proposed CUP Site Plan (dated: 09/25/.14) (RFVISED) sowmby SubdivisNa Us, 2 " lt� Gon.4; N.M. U= I f L—i ---------- ---- — --------- — — -------------- — t --------------- ttee 7 ------------------------------------- WAM i (Conditional Use Permit - Site Plan Owl 1 . : — Kinsley — RZ. PH', CUP and tvlDA PAGE 16 M 06 RC c Q =7 (Conditional Use Permit - Site Plan Owl 1 . : — Kinsley — RZ. PH', CUP and tvlDA PAGE 16 M 06 RC c Q EXHIBIT A Exhibit A.7: Proposed Building Elevations -lu willmlu In —M� r7 - t 7�- anorth elevation 1-1- left-& MFIi. 4 east elanton Kinsley — RZ, PHI. CUP mid 11DA PAGF 17 i 19 awl Kinsley — RZ, PHI. CUP mid 11DA PAGF 17 EXHIBIT A B, Conditions of Approval 1. PLANNIN(; 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 tirne of rezone ordinance adoption, A CZC application will not be accepted nor will the final plat receive signature until thcDA 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 inininitini, incorporate the following provisions: a. Development of th is site shall substantially comply with t lie site plan, landscape plan and bank elevations in Exhibit A. b. Future development of Lots 2 and 3, Block I shall comply Nvith the design standards listed in UDC 11-3A-19 and the guidelines contained in the Meridian Design MailLial. c. Development of the subject property shall comply with the C -C standards listed in UDC I I - 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 oil the site (Lots 2 or 3, Block i) shall comply with the specific tl use standards set forth in tJDC 11-4-3-1 1. 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 tile 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 I 1-3A- 19A.4. * Provide details of tile 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 filial plat the applicant shall coordinate with the Post Master and the HOA on all 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 - IV_ 111"13, CUP and NIDA PAGE 18 EXHIBIT A • Sign and strife 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 WithIR future CZC and DES application submittal, the applicant must provide a landscape plan that complies with the landscape standards set forth in UDC I I -313-8C. 1.2.4 The applicant shall comply with standards for self-service uses fisted 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 (DCS) application to the Planning Division for approval of the proposed uses and final site layout and building designs prior to submittal of 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 oftwo (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 1 1 -5B -6F. 1.2.10 The applicant shall complete all required improvements prior to issuance of 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 tine outdoor lighting standards shown in UDC I I -3A-11_. 1.2.12 The hours of operation for the commercial development isrestricted to the hours between 5 am and 12 am, seven days a week. Extended hours ofoperation may be requested through a conditional use permit in accord with UDC I l -213-3A.4. 1.2.13 All signage for the property is subJect to the standards set forth in UDC 11-3D. 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 I 1-3A-3. The commercial development shall take access from W. Acarrea Lane and the right-in/right-out access to Pine Avenue i ',a 12ine^ 441ad 6rs+•,rn,. tr a nr,4 4. 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 44. 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 PAGF 19 EXHIBIT A b, Construct all perimeter landscaping as proposed. The landscape plan shall be revised 10 days prior to the City Council heating that depicts a continuous 25 -foot wide landscape buffer along the entire Teri 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 AC1-1D conditions of approval. 1.3.4 Prior to issuance of a build "ung 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 I 1-3A-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 1'I -3A- 15, UDC H-38-6 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-613 for the commercial lots. 1.5 Ongoing Conditions of Approval 1,5,1 "file applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC I 1-313-6 and to install and maintain all landscaping as set forth in UDC 11-3I3-5, UDC 11-313-13 and UDC 11-313-"14, 1.5.2 The protect 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 tile area. 1.5.4 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in LJDC 11-3A-1 1. 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 I 1 3A-3. Kinsley — RZ.1'F'P, CUP and IM DA PAGE 20 1.I6 AUomnmonopen space xbu|bemaintained bvnnowner's association asset forth inUDC l|' 3G -3F]. 1.6 Process Conditions oyApproval 1.61 Nosigns are approved with this application. 9dorto installing any signs oothe property, the applicant shall submit oiAo permit application consistent with the standards in UDC Chapter 3 Article Dand receive approval for such signs. 1.6.2 The applicant shall complete all improvements related topublic life, safety, and health ooset forth in UDC I 1-5C-313, A surety agreement may be accepted for other irnprovernents in accord with DDC 11 -5C -3C. 1�6.3 The preliminary and final plat approval shall bcnull and void Jthe upp|i000('Fails {ooNhm'U obtain the City Engineer o' atxo:onuMouJnkat within two years; cn2) gainapproval ofntime extension uoset Forth ioUDC ||-68-7. 16.4 Prior tosubmittal for the City Engineer's signature, have the Certiricate of Owners and the accompanying nokoowI edge rnen{ signed and notarized, 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The City ofMeridian requires that pressurizedirrigation systems beSupplied byuyear-round Source ofwater(MCC l2-|3-8.B.The City ofMeridian owns and operates usrlaimc 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 systern forthe provision o[|oudacupoirrigation water. 2.1.2 Applicant shall boresponsible for the physical abandonment, per Meridian Public Works Department standards, of all unused sewer and water services that were previously installed to provide service iothe subject site oapart nfthe 5o/noueobySubdivision. Existing services being o(i|izodaba|ihc|ocatedouowohiodividoul|otauthotoerYiueUnnadmuntueod(ocnony0nmnn* lot to another. 2.2 KJmoerul Conditions ofApproval 2.2] Applicant oholcoordinate water and sewer main size and routing wNzthe Public Works Department, and execute standard forms of casements foranyniains that are required to provide service outside o[apublic right'o|-ymy. Minimum cover over sewer mains iuthree feet, i[cover from top ofp\pe tnoob'8rxde is less than three 5:ci than alternate materials shall be used in conformance oFCity n[h1rridian Public Works Departments Standard DpeciUonbmmn. 2.2.2 Per Meridian City Code. (Ile applicant shall be responsible <oinstall sn`vorand water unxlnoioand through th is development. 2.2.2 Tile applicantahu|provideaaoemcnt(s)HoruUpuhUuxmhur/nnxe,mninynu,xNeofpuWb,kih|of way (include all water services and hydrants). The easernent widths shall be 20 -Feet wide for a single utility, o,2O-600iwide for two. The mmxmnien(xshall not be dedicated via the plat, but rather dedicated Outside the plat process using the City of Meridian's standard forms. The casement shall be graphically depicted on [lie |/|oi |br/e6:renue pu/l?oocn. Submit ,in executed casement (on the hbrm avai lable FrOul Puh|iu Works), u legal description prepared by on Nxhm Licensed Poufeox|ono| l.aud Surveyor, which must include the area of the cxuomcn( (marked EXHIBIT A)and mn8|/2"x |l"map with bearings and dix{unoeu(marked C}(|{\BIT B)for review, Both nxbihi{u must be uou|md, signed and dated by u Professional Land Surveyor. DO NOT RECORD, Add xnote {othe plat referencing this document. 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 I I -3A-6. Plans shall be approved by the appropriate irrigationldrainage 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 reproved 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)3342190. 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 H=ealth for abandonment procedures and inspections (208)375-5211. 2.29 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 real 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 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 I I -1.2-3H. 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 — KL. PFI, CUP anti IMI DA PAGE. 22 EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimurn of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate Of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project, 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street -Lighting. All street lights 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 streetlights. 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. 'Fie 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. FtRr, DEPARTI<IENT 4.1 Final Approval of' the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (117C) 508.5.4 as follows: a. Fire hydrants shall have the 4 %" outlet face the main street or parking lot drive aisle. b. Tire 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 ort 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'/i" outlets. g. Fire hydrants .shall be provided to meet the requirements of tFC 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 5.03,2.4. Kinsley Rl. PFP. CUT? and MDA PAGE 23 EXHIBIT A 4.3 Provide signage ("No Parking Fire Lane") for all lire lanes in accordance with International Fire Code Sections 503.4 & D103.6. 4.4Ensure that all yet undeveloped parcels are maintained tree 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 International Fire Code 10-4-21.. 4.9 The Fire Department will require Knoxbox Fire Department Connection caps oil 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 dumpsterenclosure 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, PARKsDEPARTMENT 6.1 The parks Department has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT (CONK IFNTS FORTHCOMING) 7.1 Site Specific Conditions of Approval 7.1 Construct a 30 -foot wide curb return driveway oil 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 — K`/.. P111. 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 lees 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 AC14D right-of-way. 7.2.2 Private sewer or water systems are prohibited frons being located within the ACRD 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 tla;e 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 DIGLIN> (1-811-342-1585) at least two full business days prior to breaking ground within ACI -[D right-of-way. The applicant shall contact ACIID TrafCc Operations 387-6190 in tlae event any ACRD conduits (spare or filled) are compromised during any phase of construction.. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with dile 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 ACI1D prior to District approval for occupanCy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACRD. 7.12 If the site plan or use should change in the future, ACHD Planning Review will review the site pian and may require additional improvements to the transportation system at that time. Any change in the planned use ofthe property which is the subject of this application, shall require [lie 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 ACRD Commission. IGinsley — RL, PFP, CUP and MDA PAGF'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 VI_I 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 parpose statement of the district. a 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. PRELIM INA Rv/11 NA L P LA'r 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 C707111-Yehensive Plan Policies and Goals, Section VII,, of the Staff Rej)orl for wore E77 f OY777ati011 . 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 — U. i'M 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-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. Kinney - R%, N -T, CUP imd MDA PAGC�, 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 ofthe community. If approved, the applicant will be financing any improvements required for development. The Council finds there wit] 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. 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 damnable ofany natural, scenic or historic Feature ofnnajor importance. Kinsley — R%. PI P. CUP fmd MDA PAGF 28 Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 61 PROJECT NUMBER: TEC 14-007 ITEM TITLE: Baraya i. Final Order for Approval: TEC 14-007 Baraya Subdivision by Matt Schultz Located 3935 W. Franklin Road and S. Black Cat Road Request: Two (2) Year Time Extension on the Preliminary Plat in Order to Obtain the City Engineer's on the Final Plat MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 6J PROJECT NUMBER: FP 14-044 ITEM TITLE: Irvine No. 2 J. Final Order for Approval: FP 14-044 Irvine No. 2 by Trilogy Idaho Located Southeast Corner of W. Chinden Boulevard and N. Ten Mile Road Request: Final Plat Approval Consisting of Forty (4) Single -Family Residential Building Lots and Six f6) Common Lots on Approximately 12.41 Acres in an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TQ AGENCY SENT TO APPLICANT NOTES INITIALS Meridien Cutty Council Meeting DATE: February 3, 2015 ITEM NUMBER: 6K PROJECT NUMBER: FP 14-045 ITEM TITLE: Hills Century Farre K. Final Order for Approval: FP 14-045 Hill's Century Farm Subdivision No. 1 by Brighton Investments, LLC Located 5340 S. Eagle Road Requesf: Final Plat Approval Consisting of Eighty (80) Buildable Lots and Eight (8) Common/Other Lots on 28.38 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Muting DATE: February 3, 2015 ITEM NUMBER: i PROJECT NUMBER: ITEM TITLE: Items Mowed From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERICS OFFICE FINAL ACTION DATE: E-MAILED Til STAFF SENT TO AGENCY SENT To APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 8A PROJECT NUMBER: ITEM TITLE: A. Mayor's Office: Mayor's Youth Advisory Council (MVAC) Update MEETING NOTES 0 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 8B PROJECT NUMBER: ITEM TITLE: B. Mayor's Office: Resolution No. /S- -i QV7 Appointing Jo D Greer to the Meridian Parks and Recreation Commission 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, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING JO D. GREER TO SEAT 6 OF THE PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; WHEREAS, Seat 6 of the Meridian Parks and Recreation Commission is currently vacant with a term to expire October 31, 2015; and WHEREAS, the City Council of the City of Meridian deems the appointment of Jo D. Greer to Seat 6 to be in the best interest of the Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § 2-2-3(A)(2), Jo D. Greer is hereby appointed to Seat 6 of the Meridian Parks and Recreation Commission, for a term to expire on October 31, 2015. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ofZ'� ADOPTED by the City Council of the City of Meridian, Idaho, this U da 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this day of Jam; 2015. ATTI am APPROVED: eerd- RESOLUTION APPOINTING JO D. GREER TO SEAT 6 MERIDIAN PARKS AND RECREATION COMMISSION Page 1 of 1 Application to be Considered for City -Appointed or Volunteer Positions Position Applying for: M Parks & Recreation Commission 0 Planning & Zoning Commission 0 Meridian Arts Commission 0 Historical Preservation Commission 0 Transportation Commission 0 Impact Fee Committee C3 Solid Waste Advisory Commission 0 General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name Jo D. Greet• Home Address: 801 W. Colbert Street, Meridian, Idaho 83646 Telephone: 208.989.0643 E -Mail Address: jodgreeu•@gmail.com Occupation: Project Manager I Architect in Training Are you a resident of the City of Meridian? M Yes 0 No If not, do you live in Meridian's area of impact? 0 Yes 0 No Why do you want to become involved? There is a great reward for acts of service, although some acts remain unseen and have little impact on community development. Serving as a commission member grants not only grant the acts of 'service reward, but also has a direct impact on the development of the City of Meridian. It would be an honor to be part of the city's development and of such a signifigant team. Do you participate in any local service clubs or other organizations? Cl Yes C] No If so, please list: What areas of city government are of most interest to you? All areas of city government pertaining to the growth and development of Meridian, Idaho are of personal. interest to me. However, both the Commission for Parks and Recreation and Planning and Zoning are of special interest due to the accountable residents of Meridian partaking in the develogment of the cfty through voluntary service. Have you participated in. any level of volunteer government service in the past? M Yes 0 No If so, please list: Sponsorship Chair I Christmas in Meridian Winter Lights Parade Committee 2013 & 2014 Stage Manager Christmas in Meridian Winter Lights Parade Committee 2014 Do you understand the time commitment required to attend meetings and review/research data to make recommendations? 0 Yes 0 No Signature _La4�z Date December 12 2014 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 To D. Greer h4i ulcarch ifectitre. com Project Manager I AIT Education Bachelors of Applied Science Boise State University, 1999 o(Iaborative _ }25 F U r} va. 9u17110. Ea*W 9 a Relevant Ms. Greer has experience as a project manager, designer, and instructor in Idaho, Oregon, Experience Nevada, and Washington. Jo has worked for a variety of architectural and engineering firms gaining a vast range of design knowledge and construction discipline methods with multiple agencies and comminities. She has managed construction projects from feasibility to substantial completion and managed several design/drafting departments generating and maintaining company standards. Jo currently specializes in Tenant Improvements and works closely with the LDS Church updating existing buildings to meet current Church standards and agency codes, and has managed the construction of new meetinghouses in the valley. Subsequent to her career in project management and design, Jo has instructed post -secondary classes for private and public entities. CareerHiSt€fXy ALC Architecture Boiseldaho 2013- present Tait &Associates, Inc, Boise,ldaho 2012-2013 GJZ Architecture, Inc. Payette,ldaho 2008-2012 Landmark Engineering & Planning, Inc. Nampa,Idaho 2006-2008 JWRDesivi lm Lynden,lVashington 2004-2006 Integrated Packaging Systems, Inc. Boise, Idaho 2003-2004 Idaho Truss & Component Company Meridian, Idaho 2002-2003 Boise State University Boise, Idaho 2002-2003 Luiiios & Associates Reno,, Nevada 2000-2002 Sierra Computers, .LTD Reno; Nevada 2001-2002 Hyytinen Engineering Reno, Nevada 1999-2000 Trus Joist MacMillan Boise, Idaho 1998-1999 Record Steel & Construction Meridian, Idaho 1997-1998 Rela'tedProject Religious: Experience -Church ofJesus Christ of Latter-day Saints ('Total of 55 (+) Projects) -New Construction: -Kodiak & Stoddard, Meridian, ID -Producer& Meridian, Meridian, ID -Land Entitlement (Various), Treasure Valley, ID -Tenant Improvements (Various), Treasure Valley, ID -Parking Lot Improvements (Various), Treasure Valley, ID -Irrigation Well, Locust Grove, Meridian, ID Medical: -Unity Health, Meridian, Idaho -Trinity Health Building, Fruitland, Idaho HolyRosaryMedicaiCenter(Vaaous),On4jio,Oregm -Dr. Savala Health Clinic, Caldwell, Idaho -ValleyFamilyHealth, Payette, Idaho Commercial, Retail, Res tau rant andOffice: Edgewood Assisted Living and Memory Care Facility -Edgewood Assisted Living Clubhouse, Eagle, Idaho -Colliers Tenant Improvements, Various Mace River Ranch Clubhouse, Eagle, Idaho RelatedP.roject Experience (continued) RelatedPrograr Experience Educational andAthletics: -Eagle Tennis Club, Eagle, Idaho -Panna School District Gymnasium Addition. -OCD'C (Oregon >Child Development Coalition) Energy Upgrade, Ontario, Oregon -Cambridge Fairgrounds, Cambridge, Idaho Residential: •Joe Scott (Eagle Valley Construction), Gamble Island, Idaho -FiogleyResidence (Tradewinds Construction), Eagle, Idaho -Rose Advocates Women's Shelter, Payette, ID' -20 Custom & Spec House Plans for Construction, Idaho 'Truss, Meridian, ID -60 Custom House Plans for Construction, JWR Design,Lynden, WA Industrial: -LDS Cannery, Garden City, Idaho -Gardenburger Line Upgrade, Salt Lake City, Utah -Rustoleum Paint Spray Can Line Upgrade, Pleasant Prarie, Wisconsin -Centennial Foods Frozen Meat Line Upgrade, Saskatoon, Saskatchewan, CA -Ore Ida (Various), Ontario, Oregon -Sunshine Dairy Line Upgrade, Portland, Oregon -Contessa Foods. -POM Wonderful -Nestlie Waters -Green Garden Militaryand G overnment; -Military As-Builts for Record Steel & Construction Contract 1997-1995 Master Planning and Site Design: -Donoho Water Reclamation -Preliminary Plats, Marketing Exhibits, and Various Site Designs for Landmark Engineering & Planning 2006-2008 AUTODESK: -AutoCAD LT 95 -2007 -AutoCAD 13-2014 -Land Development Desktop 2-2005 -Civil Design 2-2005 -Survey 2.2005 -Architectural Desktop 3.3-2014 Bentley: - MicroStation V8i Microsoft: -Windows 7 -Office Suite 2013 Adobe: -Creative Suite CC Corel: -Corel Draw 3 Other: Jo D Greer December 12, 2014 City of Meridian Mayor's Office Attn: Mayor Tammy deWeerd 33 East Broadway Avenue Meridian, Idaho 83642 208.489.0529 RE, City of Meridian Parks and Recreation Commission Opening Dear Madame Mayor: I am pleased to submit my application for the City of Meridian Parks and Recreation Commission opening. It is an honor to write you personally, as I have continually admired your work as the City of Meridian Mayor. Over the course of the past 6 years, several of my projects have been heard by the City of Meridian City Council. Attending these public hearings while representing clients allowed me to not only witness you in action for my own items, but Items I never really considered. The various items that were addressed were met with your insurmountable care and consideration towards assisting, recognizing, and protecting the City of Meridian- and were quite moving, The impact was so great, I relocated to Meridian and enrolled my son in the Meridian School District (now West Ada School District). Some of the witnessed actions included: recognizing students for their achievements, determining the best plan for Christmas tree disposal, allowing a business owner to reside in his business during street construction to survive, and being openly protective of ITD installing medians down Eagle Road. In all of these instances i witnessed- not just a Mayor- but a Meridian resident, a mother, an empathetic person- coming to the level of the person before you and relating to their need. You unintentionally became my mentor, and your leadership inspired me to accept the Christmas in Meridian Parade Committee invitation in 2013, The Parade Committee has been a wonderful experience, and has left me seeking a more substantial role with the City of Meridian. I hope you will consider my application and I feel being any part of the great City of Meridian to be a great honor. Please find the attached information per the application requirement for your use and review. Thank you in advance for your time, and have a great day! With warm regards, �2w� Jo D. Greer Attachments: _Board Application Form _JoDGreer Company Resume 801 W. Colbert Street I Meridian, Idaho 83646 1 jodgre'.er@ema!l.com I C: 208.989.0643 Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: C. Community Development: Final Presentation of Findings: Multipurpose and Event Center Project Development Plan MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILEDTO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Multiuse Center Project Development Plans Prepared for City of Meridian, Idaho Meridian Chamber of Commerce Meridian Development Corporation Prepared by Pegasus Planning and Development www.PegasusATX.com January 29, 2015 Executive Summary 2 The City of Meridian, Meridian Chamber of Commerce and Meridian Development Corporation (MDC) hired Pegasus Planning and Development to analyze the feasibility of, and create project development plans for several projects including a Conference Center, Performing Arts Center and Sports Complex. After several months of data analysis, stakeholder discussions, site analysis and case study review Pegasus presents this report that details the methodology, findings and recommendations for 1) a Performing Arts Center and 2) a Hotel Conference Center –both in Downtown Meridian. This project follows nearly a year of work that led to the creation of the first Economic Development Strategy for the City of Meridian, which identified several Catalytic Projects to help Meridian jumpstart the Economic Development Strategy. One of these catalyst projects is the New Ventures Lab –an entrepreneurial program that will infuse a cadre of entrepreneurs in downtown Meridian (specifically in the old Meridian City Hall).Another catalyst project related to this Multipurpose Study is the need for a Conference and/or Performing Arts Center. These projects will further help Meridian diversify its economy, provide additional entertainment options for Meridian residents and catalyze its tourism sector. While there is more than one million square feet of meeting and conference center space in the Treasure Valley, less than 36,000 square feet of meeting space exists in Meridian (less than 13% of the meeting space in Nampa and only 3% of the total space in Treasure Valley). Boise will be adding 50,000 square feet in the Boise Center, which will only help Meridian since the Boise Center’s vision is that with this additional space they will attract larger national bookings; thereby providing opportunities for Meridian to draw smaller conferences and events that had been going to the Boise Center. This Multipurpose Study started with a broad view of potential uses and activities yet, the stakeholder input and interests combined with the data analysis (existing conference and meeting center space in Meridian and the Treasure Valley Region) helped narrow the activities and uses to two specific projects –a Conference Center and a Performing Arts Center – both of which are recommended to be in Downtown Meridian. Executive Summary (continued) 3 Determining the appropriate location for each of these two projects was the next step in creating Project Development Plans. Consultants and City staff analyzed the appropriate locations and sites for each project.It was determined after evaluating several sites that the best location for both projects is downtown.The site for the Conference Center is adjacent to City Hall and on property owned by the City and MDC; and the site for the Performing Arts Center is adjacent to the proposed Conference Center and reusing an existing church facility. Having both of these new venues downtown will help catalyze revitalization and create an energy downtown –bringing visitors to conferences and providing one of the best performing arts venues in Idaho.The economic impact of both of these projects (as planned) will be substantial: Performing Arts Center Impacts: •Construction -$4M + 49 jobs •Operation -$2.8M + 17 jobs (in addition to performing arts group’s staff) Hotel Conference Center Impacts: •Construction -$27M + 340 jobs •Operation -$6.7M + 43 jobs The recommendations found within this report are detailed. Specific steps to implement each project are also found in the recommendations.The Citywide Economic Development Committee should champion both of these projects and work with the City, Chamber and MDC in achieving the visions found in this report. Table of Contents 4 Executive Summary 2 Introduction 6 Purpose of the Study 6 Function of the Report 6 Methodology 7 Qualitative Input 7 Regional Analysis 8 Existing Conference Center Space 9 Future Demand for Conference Space 11 Summary of Findings -Conference Center 12 Existing Space & Demand for Performing Arts Center 13 Case Studies and National Trends 14 Project Concepts and Site Information 15 Sites Overview 16 Project A: Performing Arts Center 17 Concept 17 Design 18 Implementation 19 Economic Impact 20 Project B1: Conference Center 21 Concept 21 Design 22 Implementation 23 Economic Impact 24 Project B2: Conference Center with Hotel 25 Concept 25 Design 26 Implementation 27 Economic Impact 28 Next Steps 29 APPENDIX 33 Assumptions for Economic Impacts Estimation 34 Hotel and Meeting Data 35 Case Studies 36 Pegasus Planning and Development is an economic development, revitalization, market analysis and development firm based in Austin, Texas Figures and Tables 5 Tables Table 1: Conference and Meeting Space in Meridian Core 9 Table 2: Meeting Room Space Analysis 11 Table 3: Survey Meeting Demand 12 Table 4: Case Studies Reviewed 14 Table 5: Economic Impacts-Performing Arts Center 20 Table 6: Economic Impacts-Conference Center 24 Table 7: Hotels in Meridian 27 Table 8: Meridian Hotel Measures 27 Table 9: Economic Impacts-Conference Center with Hotel 28 Table 10: Tax Assumptions 31 Table 11: Hotel Tax Estimate 31 Table 12: Property Tax Estimates (City of Meridian)31 Table 13: Sales Tax Estimates 31 Table 14: Meridian Auditorium District Assumptions 32 Table 15: Existing Hotel Rooms 32 Figures Figure 1: Conference Space in Proximity to Meridian 10 Figure 2: Company Interest in Meeting Room Rental 12 Figure 3: Current Business Meeting Rental 12 Figure 4: Project Sites Overview 16 Figure 5: Old City Hall Site 16 Figure 6: Harvest Church Site 16 Figure 7: Performing Arts Center 17 Figure 8: Harvest Church Site Focus 17 Figure 9: Performing Arts Center Rendering 1 18 Figure 10: Performing Arts Center Rendering 2 18 Figure 11: Conference Center without Hotel 21 Figure 12: Conference Center Layout 22 Figure 13: Conference Center Massing 22 Figure 14: Typical Allocation of Events at Medium-Sized Conference Facilities 23 Figure 15: Conference Center with Hotel 25 Figure 16: Conference Center with Hotel Layout 26 Figure 17: Conference Center with Hotel Massing 26 Introduction 6 This report was commissioned by the City of Meridian (in partnership with the Meridian Chamber of Commerce and Meridian Development Corporation) in November 2014. It was completed by the economic strategy firm, Pegasus Planning and Development. Purpose of the Study The purpose of this project was to create project development plans for several multiuse spaces in Meridian, located in or near the downtown. The Client Team asked Pegasus to examine the following potential uses as part of this project: Performing Arts Centers, Conference Center (with and without a hotel), Outdoor Events Facility, Library and Museum. After months of examination it has been determined that the uses most desired by stakeholders and most feasible based on market conditions and development opportunities are Performing Arts Center space and Conference Center space. A library could only be supported downtown if it were a small “niche” space (such as a computer lab). Support and opportunity also exist for a mid-size children’s interactive museum, but this would be a secondary, yet potentially complementary use. Purpose of this Report This report evaluates the most important uses to be accommodated by Meridian’s new public space investments, based on the needs and interests of stakeholders from the business and arts communities. These uses are then compared to key redevelopment sites, with recommendations on basic form and operations. The final recommendations are provided to ease the process of implementation of two main projects –a Performing Arts Center and a Conference Center (with or without a hotel). Methodology A mixed-methods approach was used to develop multiuse center concepts that reflect the facility needs of a range of stakeholders throughout the Meridian community. Interviews and site examination quickly revealed distinct needs for public infrastructure. Two major gaps were regularly identified: Inadequate space for business and civic meetings, training exercises, and receptions, with scheduling priority given to Meridian area businesses Inadequate space for a variety of performance arts, ranging from children’s theatre to symphony performances. Cities often develop municipal conference spaces to support business development and local tourism. Extensive research was undertaken to determine the parameters relevant to potential conference center development in Meridian. Qualitative Input Three major methods were employed to gather qualitative input for the multiuse development projects: Interviews -Pegasus conducted Interviews with public officials and business leaders in Meridian and the Treasure Valley. These interviews were conducted over two site trips by Pegasus staff. Additional interviews were conducted via phone and email with key stakeholders in the community. Focus groups and presentations -Pegasus conducted a focus group with the Downtown Meridian Business Association to determine their interest in and need for additional meeting and conference space. Additionally, Pegasus presented findings, analysis, and proposals to the City Council, Chamber of Commerce, and the Board of the Meridian Development Corporation, to gather input and feedback on project directions. Survey -Pegasus developed and administered a survey instrument targeting Meridian business owners to determine their meeting space interest, space needs, and event frequency, with 33 respondents.7 Methodology for Conference Center Analysis Regional Analysis Pegasus analyzed existing convention and conference facilities in the Treasure Valley. Meeting space was located spatially by city and by proximity to the Meridian Downtown. Pegasus used this information to determine the quantity of existing meeting space in Meridian near Downtown and in the city as a whole, and how this compares to the quantity in other Treasure Valley cities. To project conference and meeting space needs, Pegasus considered two metrics: 1) Survey data taken from Meridian businesses to estimate appropriate size for any new conference and meeting facility, and basic room sizes and amenity requirements; and 2) Existing meeting space per capita in Meridian compared to other cities in Treasure Valley, as well as to its own projected population growth. To shape the analysis of potential hotel space, Pegasus also examined hotel capacity in Meridian and Ada County, and regional hotel market indicators to determine realistic occupancy and ADR (the average daily rate for occupied hotel rooms) targets for a new hotel option. Finally, Pegasus estimated economic impacts of final project development plan proposals based on three factors: Employment generated by construction and renovation Sales generated by performing arts events and by downtown retail spending of arts patrons Hotel sales generated by overnight visits, and sales generated by downtown retail spending of conference attendees 8 Existing Conference Center Space 9 An analysis of existing conference space in the Treasure Valley region revealed the following highlights: •Approximately 1 million square feet of conference and meeting space in the Treasure Valley region with the majority in Boise (704,000 sf) and Nampa (278,000 sf). •Meridian is underserved by conference and meeting space with only 35,000 sf within City Limits and 45,000 sf within a 5-mile radius of downtown Meridian. •Occupancy of this space is high, and ALL of the space in and near Meridian is privately-owned; thereby making it difficult for finding space for public events. Table 1: Conference and Meeting Space in Meridian Core Meeting Space Provider Number of Meeting Rooms Total Meeting Room Area Largest Meeting Room Size 0-2 Mile Radius All Events Meridian 5 1,600 1,600 Holiday Inn & Suites Boise West Meridian 1 1,400 1,400 Meridian Library, Cherry Lane 2 1,150 1,000 PINZ Bowling Center 0 N/A 1,280 Wahooz Family Fun Zone 4 3,722 2,250 Total Rooms and Square Footage 12 7,872 2-5 Mile Radius BanBury Golf Course 4 1,800 1,800 Big Al's-Meridian 3 4,000 Candlewood Suites Meridian 1 800 800 Country Inn & Suites 2 1,905 1,280 Courtyard by Marriott Boise West Meridian 6 4,508 4,191 Lake View Golf Club 2 1,094 704 Silverstone Amenity Center 5 5,623 2,400 Springhill Suites by Marriott -Boise West 2 1,158 1,158 The Club at Spurwing 4 6,880 Veterans of Foreign Wars 1 1,900 1,900 Total Rooms and Square Footage 30 29,668 TOTAL ROOMS AND SQ. FT. (5MI)42 37,540 Note: Table and map include special meeting venues and hotels with conference space, and do not include restaurants. Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning Existing Conference Center Space 10 In addition to Meridian’s being underserved, nearly all of the meeting space in Meridian is focused away from the Downtown and along or near Eagle Rd. The bulk of meeting space is found between the 2-mile radius and the 5-mile radius from Downtown. Most of the larger spaces are found attached to hotels or in more recreational settings (golf course clubhouses, family or sports- oriented entertainment complexes) that are more appropriate for parties, weddings, & recreational retreats. Finally, both total meeting room areas and the largest meeting room sizes of existing venues are insufficient for many of the larger groups identified in the consultant’s survey. Investment in a conference center Downtown would address these gaps, while helping jumpstart revitalization efforts in the Downtown itself. Figure 1: Future Demand for Conference Space Pegasus estimated future conference and meeting space needs in Meridian by projecting the ratio of existing meeting space per population (0.47) to projected population by 2025 (114,932). While a more detailed study may be required, this method of applying this ratio of meeting space per capita yields a demand in Meridian for an additional 18,865 square feet by 2025. This estimate is conservative given the low amount of space in Meridian currently available, upon which the ratio is based. An examination of event space ratios of neighboring Boise and Nampa reveals a much higher ratio for these cities. Both of these cities have at least 3.4 square feet of event and meeting space per capita. Boise and Nampa both have a ratio over 7 times that of Meridian. This suggests that Meridian should at least maintain its current ratio to meet the growing needs of downtown businesses, its strong medical community, and its growing pool of large employers and exporters. 11 Table 2: Meeting Room Space Analysis Existing Meeting Space Meridian, City Limits Meridian, 5-Mi Radius Boise Nampa Square Feet 35,432 45,205 704,192 278,700 Population 75,092 75,092 205,671 81,557 Per capita 0.47 0.60 3.42 3.42 Projected Meridian Population, 2025 114,932 New Population Added, 2013-2025 31,338 Additional Conference Space Needed based on Meridian Population Growth At Current Meridian Ratio 14,787 At 5 Mile Ratio 18,865 Note: Existing meeting space includes special meeting venues, conference and convention centers, conference space in hotels, and restaurants with listed meeting rooms. Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning and Development The table below summarizes meeting space and frequency needs for each survey respondent interested in renting outside meeting space.It also shows the annual revenue that would be generated by these rentals,at both $0.30/sf/day and $0.50/sf/day.This rate range is taken from comparable venues in the area. Summary of Findings –Conference Center The following summarizes the analysis for the Events, Conference, and Meeting Space: •Meridian has a much lower ratio of meeting and event space square feet per capita in city limits (0.47) than Eagle (1.61), Nampa (3.42), or Boise (3.42). •Meridian’s population growth suggests a potential demand for at least 18,000 square feet of additional meeting room space. •Interviews and focus groups suggest major needs for meeting space for local businesses. •Existing meeting and event space in Meridian is focused away from downtown. •Municipal conference facilities often must be subsidized heavily unless tied to a public/private partnership with onsite hotel. •Major expansions in Boise’s convention center space and airport facilities are focused on increasing national and international events market in Treasure Valley. 12 0% 50% 0 20 Yes Occasionally No Does your company currently rent meeting or conference facilities? Number Percent 0% 50% 100% 0 10 20 30 Yes Potentially No Would your company be interested in renting meeting or conference center space in Meridian if more were available? Number Percent Table 3: Survey Meeting Demand Size Needed (Sf) Frequency (Annually) Revenue Estimate $0.30/day $0.50/day 600 24 $21,600 $36,000 800 2 $1,800 $3,000 1,000 15 $13,500 $22,500 1,000 4 $3,600 $6,000 1,000 12 $10,800 $18,000 1,000 2 $1,800 $3,000 1,000 3 $2,700 $4,500 1,250 6 $5,400 $9,000 1,500 5 $4,500 $7,500 1,500 4 $3,600 $6,000 2,000 4 $3,600 $6,000 2,000 2 $1,800 $3,000 2,000 12 $10,800 $18,000 2,000 24 $21,600 $36,000 3,000 60 $54,000 $90,000 3,000 10 $9,000 $15,000 3,500 1 $1,800 $3,000 TOTAL 190 $171,900 $286,500 The charts below summarize survey responses to key questions on meeting room need and likelihood of use. Figure 2: Figure 3: Existing Space and Demand for Performing Arts Center The Treasure Valley has limited Performing Arts Center space. The two main performing arts venues are the Morrison Center and the Egyptian Theatre. In Meridian, performing arts groups utilize school and church facilities (in addition to smaller venues). A study was completed in 2012 for the Boise performing arts groups due to an insufficient amount of seats, lack of orchestra pits and poor acoustics in existing facilities. The conclusion (with which the performing arts groups do not concur) was to add a curtain in the rear of the Morrison Auditorium to address acoustic issues. During the course of this study, performing arts groups within Meridian and Boise were interviewed to ascertain their space needs and their ability and willingness to collaborate with each other in one larger space in Meridian. The following groups have been identified as the primary users of such a space: •Treasure Valley Children’s Theatre •Meridian Symphony •Treasure Valley Youth Theater •Cantus Youth Choir •Idaho Opera •Ballet Idaho •Boise Philharmonic •Wine Glass Arts Development The following key findings were ascertained from discussions with these groups: •Boise performance spaces are not adequate for several major Boise-based arts groups. •Arts groups prefer to be located in a downtown setting. •While these groups appreciate the School District spaces and the District’s interest to build more, this is not at all preferable among these groups. School spaces have limited opportunity for concession and alcohol sales, and do not have an appropriate space design for performing arts patrons. •Preferred requirements and space needs shared by these groups: •800-1000 seat capacity auditorium •Orchestra pit near stage •Office space for arts groups •Adequate parking •Room for set preparation and costuming •Adequate dressing rooms •Acoustics must be exact to their needs 13 Pegasus identified case studies for conference centers, conference centers with hotels, performing arts centers and children’s discovery centers. These were examined for insights on best practices for municipal centers and public/private partnerships. They were compared to national and international trends in conference and convention center management. Each case study is further described in the Appendix. Case Studies and Trends 14 Table 4: Case Studies Reviewed Conference Center Name City Meeting Area Breakout Rooms Hotel Rooms Cost (M) Year Built Embassy Suites San Marcos, Texas 77,300 sf 19 283 $71 2008 Kirkwood Center Cedar Rapids, Iowa 19,000 sf 4 71 $30 2010 Pocatello Conference Center Pocatello, Idaho 40,000 sf N/A N/A $5-7 (est.)Pending Carver Museum, Cultural Center, and Library Austin, Texas 46,000 sf N/A N/A $10.40 2004 Performing Arts Center Name City Size ImaginOn Charlotte, NC 104,000 sf Seattle Children’s Theatre Seattle, WA 757 Seats Total (482 and 275 per theater) Madison Children’s Museum Madison,WI 56,290 sf The key findings from this case study review include the following: •Cost of construction ($/sf) varies considerably based on final finish-out quality. •Stand-alone, publicly-funded conference centers require constant subsidy, or a funding mechanism to offset the gap in revenue generated from space rentals. •Public-private hotel-conference centers work well, though the mechanisms for funding are complicated (yet are done throughout the US). Project Concepts and Site Identification 15 Based on the quantitative analysis, stakeholder input and case study review, three distinct project concepts emerged. The site analysis and identification was based on these concepts: 1.Concept A: Performing Arts Center •800-1000 Seats in main auditorium •Orchestra Pit •Equipment/Stage Rooms •Offices for Organizations •Storage space •Loading zones •Classroom and Rehearsal space 2.Concept B1: Conference Center •Low-cost, two stories •Main room with minimum 6,000 square feet; Breakout rooms; AV equipment and technology •Kitchen/catering facilities with alcohol sales 3.Concept B2: Conference Center with Hotel •Conference center along Main Street (as described above) •4-5 story hotel attached to center, with structured parking and principal entrance on Idaho (approximately 150 rooms) The site analysis that follows will use A, B1 and B2 on various aerial photographs and site plans to clearly indicate which Concept is recommended per each site discussed, Sites Overview After analyzing numerous sites in and near Downtown Meridian, two Downtown locations emerged as leading candidates for project development. 16 Old City Hall Site Harvest Church Site Site 1: Harvest Church (Concept A) This church is located two blocks from City Hall, and owns most of the acreage on its block. The total area of the block is 5.59 acres. Numerous site visits by performing arts groups, Client Team and engineers has led to the conclusion that this facility and the site are suitable for conversion for a Performing Arts District Site 2: Old City Hall (Concepts B1&B2) The Old City Hall is still owned by the city of Meridian. Its size, location, and ownership make it a very appropriate focus for a Conference Multiuse District. It is 2.61 acres, with most of the block owned by the City or URA. Because both sites are Downtown, on Main St., and adjacent to City Hall, they offer tremendous opportunities to promote pedestrian activity. The Old City Hall is being renovated for use by New Ventures Lab; this should continue regardless of longer-term plans to begin building an entrepreneurial ecosystem Downtown. Figure 4: Figure 5: Figure 6: Project A: Performing Arts Center 17 Activate space on Main St. with festival plaza, food truck area, etc. This ancillary building can be removed to contribute to outdoor flex space Outdoor flex space can be used for shared parking with the conference center in Project Option A. It can be used as outdoor event space for Project Option B, sharing structured parking space with Option B’s hotel and conference center. Figure 7: Figure 8: Concept: The Harvest Church site will be the focal point for repurposing as a shared Performing Arts Center. Some changes are necessary to convert Harvest Church into Performing Arts Center: •The projected total building footprint is 22,300 sf, including the main theater and secondary theater •Currently, there are 800 seats in main sanctuary; add 100-200 more •Add orchestra pit to main sanctuary •Convert 5,500 sf of basement into offices and equipment rooms for arts organizations •Convert ~5,000 of corner building into arts offices 18 Project A: Performing Arts Center Design Figure 9: Performing Arts Center Rendering 1 Figure 10: Figure 10: Performing Arts Center Rendering 2 19 Renovation and Construction Cost Estimate: $4.5M Total Square Feet: 22,300 (main floor); 5,500 (basement offices) Pros Reuse of the Harvest Church would be the most cost effective alternative. A Performing Arts Center in the church space would provide a much greater economic impact to Downtown Meridian than the church. Performing arts groups can begin dialogue with Harvest Church about sharing or renting space immediately, potentially partnering for design improvements. This will satisfy the needs of arts groups immediately while creating a concrete focus for medium-term fundraising efforts for final facility purchase. The location of the Harvest Church site is optimal for creating a performing arts anchor in the downtown. This would ultimately replace a site that generates little downtown activity most of the week with one that will generate significant cultural amenities and downtown activity. The Church already plans to remove some of its secondary buildings to enhance parking opportunities; these can be augmented by parking near City Hall for performing arts patrons. The Harvest Church is across the street from the Boys & Girls Club Cons A greenfield site may be better tailored to user needs. Performing arts users will have to share the site and coordinate activities. Project A: Performing Arts Center Implementation 20 Project A: Performing Arts Center Implementation Economic Impacts Economic impacts of the Performing Arts Center recommended here have been estimated using national level input-output multipliers. These allow cities to make general projections of "ripple effects" of new investment in construction, renovation, and industry development. Performing Arts Center impact analysis considers three factors: Center renovation & construction Ticket sales for performances Retail sales generated in the Downtown by arts patrons These estimates are based on broad multiplier data and conservative assumptions regarding ticket sales and retail spending. Table 5: Economic Impacts- Performing Arts Center Renovation & Construction Total Renovation $4,510,473 Total Impact (Cost+Supply Chain)$8,454,023 Employment 49 Annual Revenues Ticket Sales* Annual Ticket Sales $1,275,000 Total Impact (Sales+Supply Chain)$2,321,536 Employment 12 Downtown Retail from Patrons Annual Retail Sales $340,000 Total Impact (Sales+Supply Chain)$557,809 Employment 5 Total Annual Economic Impacts Total Impact (Sales+Supply Chain)$2,879,344 Employment 17 *Does not include concessions and alcohol sales Sources: BLS Nominal Domestic Total Requirements 2012; BEA Total Requirements Industry by Industry 2013; Pegasus Planning and Development Project B1: Conference Center 21 •18,000 sf building footprint •2 stories (36,000 sf total) •15,000 sf conference space, with 6,000 sf main meeting room •3,000 sf for 2 small retailers on Main Street •Venture Lab in 2nd story, with 18,000 sf Remove building to create additional flex space & surface parking shared between Conference Center and Performing Arts Center Concept: Redevelop MDC-owned parcels along Main Street to accommodate two-story conference civic center, with conference uses on ground floor & New Ventures Lab on 2nd floor. The MDC-owned parcels along Main St. would be very cost-effective targets for the development of a 2-3 story multiuse conference center. With a 18,325 sf footprint, the ground floor alone would meet 97% of projected future meeting space demand for Meridian. Two smaller, deep sections of 1,000 sf apiece could be included in the ground floor, allowing for limited retail to help activate Main St. In this concept, Old City Hall would simply be replaced with surface parking shared between the Conference and Performing Arts Centers. New Ventures Lab should be relocated to the second story of the conference center. This would allow them ample room (between 10,000-18,000 sf) to optimize for their incubation and startup development work. Remove Old City Hall building to create surface parking for Main Street conference center Figure 11: Project B1: Conference Center Design Parking Conference Center (18,325 sf footprint) Figure 12: Conference Center Layout Figure 13: Conference Center Massing City Hall Conference Center Performing Arts Center Performing Arts Center (22,300 sf footprint) Construction Cost Estimate: $11M Total Square Feet: 36,000; 15,000 Conference Center, 3,000 Retail, 18,000 New Ventures Lab Pros Leverages URA-owned parcels. Construction cost for just Conference Center would be lower and eliminate the need for a private sector partner. A mid-sized conference center would easily meet the needs of the Meridian business community. Downtown location would help Meridian achieve Downtown Vision. Cons Conference centers without attached hotels have difficulty generating sufficient demand to remain cost- neutral or profitable. Having a hotel as part of Conference Center would generate stronger economic impact for the city than a Conference Center without a hotel. 23 Project B1: Conference Center Implementation 2%14% 84% National Events State/Regional Events Local/Other Events Typical Allocation of Events at Medium-Sized Conference Facilities The chart above is taken from a summary report of conference facilities across the country.A mid- sized conference facility would be the most appropriate model for Meridian.The vast majority of users for such facilities are local, suggesting that a stand-alone conference center would meet most primary user needs.However,this does not take into account center profitability,economic impacts,or local hotel indicators. Figure 14: 24 Project B1: Conference Center Implementation Economic Impacts Economic impacts of the Conference Center recommended here have been estimated using national level input-output multipliers. These allow cities to make general projections of "ripple effects" of new investment in construction, renovation, and industry development. Conference Center impact analysis considers three factors: Center construction Receipts from conference use Retail sales generated in the Downtown by conference attendees Because the Center would be municipally owned, projections are made using multipliers for public investment. Table 6: Economic Impacts- Conference Center Construction Total Construction Costs $10,995,000 Total Impact (Cost+Supply Chain)$20,608,034 Employment 120 Annual Revenues Conference Room Bookings Conference Booking Revenue $727,080 Total Impact (Sales+Supply Chain)$1,222,311 Employment 8 Downtown Retail from Patrons Retail Sales $145,416 Total Impact (Sales+Supply Chain)$238,571 Employment 2 Total Impacts Total Impact (Sales+Supply Chain)$1,460,883 Employment 10 *Does not include concessions and alcohol sales Sources: BLS Nominal Domestic Total Requirements 2012; BEA Total Requirements Industry by Industry 2013; Pegasus Planning and Development 25 Project B2: Conference Center with Hotel Remove building and reduce parking to create additional outdoor event space shared between Conference Center & Performing Arts Center Concept: Redevelop Old City Hall parcel to accommodate a two-story conference center and 150-room hotel The Old City Hall parcel would be an appropriate size for a new hotel, which would augment the market for the Conference Center, provide accommodation for out-of-town patrons of the Performing Arts Center, and offer shared structured parking for the Downtown. This could be implemented initially or phased up from the surface parking described in Concept B1, allowing great flexibility in design and funding. 2 story conference center accessible from Main St.; 15,000 sf 1st floor, 18,000 sf 2nd floor 3,000 sf for 2 small retailers on Main Street 4-5 story hotel (including 2+ stories for shared structured parking); 29,000 sf footprint Figure 15: 26 Project B2: Conference Center with Hotel Design Conference Center (18,325 sf footprint) Hotel (29,000 sf footprint) Performing Arts Center (22,300 sf footprint) Figure 16: Conference Center with Hotel Layout Figure 17: Conference Center with Hotel Massing HotelCity Hall Conference Center Performing Arts Center Project B2: Conference Center Implementation Construction Cost Estimate: $31.2M Total Square Feet: Conference Center: 36,000 Hotel: 116,000 (including 2- levels of shared structured parking) Pros •Leverages City-and URA-owned properties •Stand-alone civic centers without attached hotels often fair poorly requiring continuous city subsidy. •A hotel attached to a conference and civic center would encourage more tourism and have greater economic impacts. •The hotel markets in Meridian and Ada County as a whole are strong, with positive trend on primary hotel indicators (see chart at right) •A downtown hotel would support downtown retail. Cons •Hotel investment would add to project costs, requiring a private sector hotel partner. •Most existing hotels are focused more around Eagle Rd. and the Village. 27 Table 8: Meridian Hotel Measures Year Occupancy RevPAR ADR 2008 49%$39.25 $80.14 2009 46%$33.16 $72.84 2010 52%$36.30 $70.46 2011 56%$40.58 $72.02 2012 62%$47.72 $76.42 2013 66%$53.45 $81.03 Sources: STR Boise, ID vs. Ada County, ID Report; Pegasus Planning and Development This data refers to hotels and motels outside of Boise but within Ada County. Meridian hotels account for 85% of these rooms, so these rates reflect Meridian trends. Hotel occupancy rates are higher than the industry benchmark of 60%. Revenue Per Available Room (RevPAR), in indication of hotel market health, has been steadily increasing since 2009. Average Daily Rates (ADR) charged for hotel rooms have also increased to $81. This indicate a healthy market for new hotel development. Table 7: Hotels in Meridian Name Rooms Rate Motel 6 Meridian 68 66 Mr. Sandman Inn & Suites 106 73 La Quinta Inn & Suites Meridian / Boise West 67 85 Candlewood Suites Boise-Meridian 121 80 Hampton Inn & Suites Boise Meridian 128 104 Best Western Plus Rama Inn 60 85 Country Inn & Suites By Carlson Boise West, ID 82 129 Holiday Inn Express Hotel & Suites Boise West -Meridian 76 104 Towneplace Suites Marriott Meridian 100 109 Courtyard by Marriott Boise West Meridian 145 104 Total Rooms 953 Average Rate $94.94 Hotel design was considered using data on Meridian hotel capacity, rates, and trends in occupancy, RevPAR, and ADR. These trends are all positive, suggesting market potential for new hotel development in Meridian. 28 Project B2: Conference Center with Hotel Implementation Economic Impacts Economic impacts of the Conference Center recommended here have been estimated using national level input-output multipliers. These allow cities to make general projections of "ripple effects" of new investment in construction, renovation, and industry development. Conference Center impact analysis considers three factors: Center construction Receipts from conference use Retail sales generated in the Downtown by conference attendees Because the Center would be municipally owned, projections are made using multipliers for public investment. Table 9: Economic Impacts- Conference Center with Hotel Construction Total Construction Costs $31,295,000 Total Impact (Cost+Supply Chain)$58,656,519 Employment 340 Annual Revenues Conference Room Bookings Conference Booking Revenue $727,080 Total Value Impact (Sales+Supply Chain)$1,222,311 Employment 8 Impact Element: Retail from Users Retail Sales $145,416 Total Impact (Sales+Supply Chain)$238,571 Employment 2 Impact Element: Hotel Revenues Hotel Room Sales $2,926,189 Total Impact (Sales+Supply Chain)$5,328,041 Employment 33 Total Impacts Total Impact (Sales+Supply Chain)$6,788,923 Employment 43 *Does not include concessions and alcohol sales Sources: BLS Nominal Domestic Total Requirements 2012; BEA Total Requirements Industry by Industry 2013; Pegasus Planning and Development Next Steps The recommendations found on the previous pages have been vetted by performing arts groups, engineers, developers and the Client Team. Funding each of these projects will require more conversations with these groups and others. There is interest, support and funding (philanthropic, grant and public) for both project concepts. The following recommendations will assist Meridian in the implementation of these projects: Performing Arts Center •Gather Performing Arts Groups to reach agreement on project concept, finalize space needs, and ascertain each group’s ability to provide funding up front for purchase and renovation, as well operational costs. •Finalize preliminary proforma for purchase and operations (based on current concept and order of magnitude cost estimates). •Submit a contract for purchase on the Harvest Church site (all land and buildings). •Performing Arts groups should begin leasing facilities for short-term use/needs. •Finalize design and funding for improvements. •Consider encouraging the redevelopment of the multifamily property adjacent to Harvest Church •Funding for this could come from a variety of sources including: MDC, City and federal funds (CDBG). •Consider hiring a third-party to assist with this planning and development. •Consider hiring a third-party for ownership, management and operations. The Meridian Arts Foundation may be a good fit for this role, but another new umbrella organization such as “Treasure Valley Performing Arts Foundation” may be necessary to form. •Work with City to ensure a pedestrian connection between the Performing Arts Center, the Conference Center and Main Street. 29 Next Steps (continued) Conference Center The implementation of the Conference Center with a hotel will require a different approach than without a hotel. The strong recommendation is to pursue the Hotel Conference Center with a public-private partnership. Downtown Meridian needs and can support a hotel. This model is not foreign to Idaho and there are many examples to draw upon. It is not recommended at this time to pursue an Auditorium District. There currently are not enough hotels in Meridian to generate a sufficient revenue stream (see analysis on following pages), and given the recent complications of the Pocatello Auditorium District, Pegasus does not recommend this be a first step in the process. It may be worth pursuing at a later date. In lieu of this approach, the land that both the City and MDC own should be “contributed” to the development. Combining these assets and potentially other City and MDC resources will help any developer make their proforma work. •Move forward with improvements for New Ventures Lab (jump start the entrepreneurship downtown) on the old City Hall site. •Begin discussions with potential private partners in new hotel development downtown on old City Hall site. •Survey and interview state and region-level event planners to develop more precise estimates for non-local meeting and conference potential in Ada County as a whole and Meridian in particular. •Based on Hotelier feedback, make decision on Option B1 or B2. •Interview cities who have built hotel conference centers in a public-private manner. •Using a Request for Proposals (RFP) approach, solicit developer proposals for this site. A clearly-articulated “community needs” list should be described in this RFP so that every proposal adhere to community needs such as a certain amount of conference center space devoted to events for the public. •Relocate New Ventures Lab into 2nd story of new conference center 30 Next Steps (continued) Funding Sources The charts to the right and below estimate tax revenue that could be generated by the projects as proposed here. These estimates are based on property tax rates for the City of Meridian and sales and hotel tax rates for the State of Idaho. Conference Center direct revenue is excluded, under the assumption that it will be an untaxed civic facility. 31 Table 10: Tax Assumptions Type Jurisdiction Rate Sales State 6% Corporate Income State 7.40% Hotel State 2% Property City 1.33% Sources: State of Idaho; Ada County Tax Assessor Table 12: Property Tax Estimates (City of Meridian) Facility Value Taxes Performing Arts Center $5,000,000 $66,533 Hotel $20,300,000 $270,126 Table 13: Sales Tax Estimates (State of Idaho) Facility Source Value Taxes Performing Arts Center Ticket Sales $1,275,000 $76,500 Performing Arts Center Patron Retail $340,000 $20,400 Conference Center User Retail $145,416 $8,725 Table 11: Hotel Tax Estimate (State) Facility Value Taxes Hotel $2,926,189 $58,523.78 32 Table 14: Meridian Auditorium District Assumptions Occupancy, 2013 66% Average Daily Rate, 2013 $81.03 Revenue per Available Room, 2013 $53.45 Auditorium District Tax Rate 5% Sources: STR Boise, ID vs. Ada County, ID Report; Pegasus Planning and Development Auditorium District Analysis To analyze the potential impact of an Auditorium District, Pegasus estimated the total tax revenue that would be generated at a 5% rate on hotel rooms already existing in Meridian. Rooms for hotels that are already located in the Greater Boise Auditorium District (shown at right) are excluded from analysis. Hotel revenue Is estimated using the 2013 revenue per available room found for Ada County hotels outside of Boise (84% of those rooms are located in Meridian). The estimate suggests that an Auditorium District would generate approximately $730,000 per year from current hotels. With the addition of the hotel proposed in this report, this would increase to $878,000 annually at current rates of occupancy and room cost. It is feasible to consider that the Boise District would be amenable to de- annexing Meridian-based hotels. Table 15: Existing Hotel Rooms Hotel Location Rooms Revenue Taxes In Meridian 953 $18,591,054 $929,553 In Meridian, Outside Boise Auditorium District 750 $14,630,945 $731,547 With Proposed Hotel 900 $17,557,134 $877,857 Next Steps (continued) 33 APPENDIX Appendix 34 Assumptions for Economic Impacts Estimation Construction Cost Inputs Construction cost estimates for all three (3) projects are provided based on general site specifications and review. They are broad, order-of-magnitude estimates. Performing Arts Center (PAC) Ticket Sales Inputs Revenue from performance ticket sales was estimated by assuming an 85% seat occupancy for a 1,000 seat facility, over 25 weekends in a year. This is a conservative estimate of the number of evenings in which the PAC main hall will be used, and it does not include other revenue sources (concessions, alcohol sales, ticket sales for other space, etc.). It is assumed that average ticket sales will be $30 per seat. Conference Center Use Inputs To estimate Conference Center use, the total square footage of rentable space (10,000 sf) was multiplied by a median sf rental rate for event centers in the region ($0.40/sf/day). This was multiplied by the 2012 national executive conference center occupancy rate of 49.8%, taken from a PriceWaterhouseCooper report review of national conference center indicators. Hotel Revenue Inputs Hotel revenues are estimated by multiplying the number of rooms proposed (150) by the ADR and occupancy rates for Ada County hotels outside Boise in 2013. This determined the average Revenue per Available Room, which was multiplied by 365 to determine annual revenue. Downtown Retail Value Inputs For each scenario, it was assumed that PAC patrons or conference attendees would generate some level of retail impact on the Downtown. It was assumed that 10% of PAC patrons would spend an average of $30 each in visits to restaurants or retailers accompanying their performing arts trips. It was assumed that 10% of conference attendees would spend an average of $20 each in visits to restaurants and retailers. Multipliers Used To determine employment impacts, Pegasus used Nominal Domestic Employment Requirements statistics for 2012 from the Bureau of Labor Statistics. For output impacts, Pegasus used national Industry to Industry Input-Output tables for 2012 from the Bureau of Economic Analysis. Multipliers Used Value Need to Produce $1 of End User Value in Industry Construction 1.87 Arts & Accommodations 1.82 Government 1.68 Retail trade 1.64 Employment Needed to Produce $1M of End User Value in Industry Construction 10.88 Performing Arts Companies 9.19 Local government enterprises 10.70 Retail 13.38 Hotel 11.42 Sources: BLS Nominal Domestic Total Requirements 2012; BEA Total Requirements Industry by Industry 2013 Appendix 35 Meeting & Banquet Area & Seating Capacity in Meridian Special Event Venues Area (sq.ft.)Theater Class Banquet Reception All Events Meridian 2053 E. Fairview Ave.1,600 80 50 60 60 Big Al's Meridian 1900 N. Eagle Rd.4,000 231 75 200 391 The Club at Spurwing 6800 N. Spurwing Way 6,880 …185 472 462 Lake View Golf Club 4200 W. Talamore 1,094 …100 250 275 PINZ Bowling Center 1385 Blue Martin Lane ……300 300 475 Silverstone Amenity Center 3405 Overland Road 5,623 201 202 …150 Meridian Library, Cherry Lane 1326 W. Cherry Ln.1,150 …115 …… Wahooz Family Fun Zone 1385 Blue Martin Lane 3,722 300 …108 3000 Hotels with Meeting Space Area (sq.ft.)Theater Class Banquet Reception Candlewood Suites-Boise Meridian 1855 S. Silverstone Way 800 40 24 40 … Country Inn & Suites 3355 East Pine Ave.670 50 27 30 24 Courtyard by Marriott-Boise West/Meridian 1789 S. Eagle Road 4,508 308 150 250 450 Holiday Inn & Suites Boise West Meridian 2610 E. Freeway Drive 1,400 ………… Restaurant and Banquet Facilities Theater Class Banquet Reception Meetings Chicago Connection 1629 N. Main St.……35 …… Chicago Connection 1935 S. Eagle Road ……65 …… Ling and Louie's 3210 E. Louise Drive ……50 70 50 Lucky Fins Seafood Grill 1441 N. Eagle Road ……50 …… Ram Restaurant and Brewery 3272 E. Pine Ave.……34 …… Smoky Mountain Pizza and Pasta 980 E. Fairview Ave.……60 …… Sources: Idaho Business Review Corporate Guide to Event Planning; Boise Convention and Visitors Bureau; Pegasus Planning and Development Appendix 36 Multiuse Conference Center Case Study: Embassy Suites •Location: San Marcos, Texas •Year Built: 2008 •Cost: $71M •Funding: City loans and grants; Tax Increment Reinvestment Zone; Conference Room 70% city funded, 30% proprietor funded •Partners/Users: City of San Marcos, John Q. Hammons Hotels & Resorts Facility Characteristics Number of Hotel Rooms 283 Total Meeting Space (sf)77,300 Largest Room Size (sf)28,800 Breakout Rooms 19 Case Study: Kirkwood Center •Location: Cedar Rapids, Iowa •Year Built: 2010 •Cost: $30M •Funding: Kirkwood Community College •Partners/Users: Kirkwood Community College Hospitality Arts, Hotel Facility Characteristics Number of Hotel Rooms 71 Total Meeting Space (sf)19,000 Largest Room Size (sf)7,500 Breakout Rooms 4 Theater Seating (seats)104 Appendix 37 Multiuse Conference Center Case Study: Pocatello Conference Center •Location: Pocatello, Idaho •Year Built: In Design Stage •Size: 30,000 –40,000 sf. (main floor) •Cost: $5-7M •Funding: Pocatello/Chubbuck Auditorium District (5% hotel tax) •Partners/Users: District owned and operated; general meeting and sports users Issues: Stand-alone facility has been suspended due to financing problems Case Study: George Washington Carver Museum and Cultural Center; Carver Library •Location: Austin, Texas •Year Built: 1933; major renovations completed 2004 •Size: 46,000 sq. ft. •30,000 sq. ft. museum •16,000 sq. ft. library •150 seat theater •Cost: $10.4M •Funding: City of Austin; Museum memberships; private and philanthropic donations •Partners/Users: Museum and Cultural Center, Conference Space users, Austin Public Library Appendix 38 Multiuse Conference Center Case Study: Madison Children’s Museum •Location: Madison, Wisconsin •Year Built: 1980; major renovations completed 2010 •Size: 56,290 sq. ft. •26,000 sq. ft. public space •13,775 sq. ft. office, storage, & future expansion •Cost: $15M •Funding: Private and philanthropic donations Note: While a children’s museum or discovery center could be a partner in the conference center space, it may best be served by larger buildout on a new site. Appendix 39 Performing Arts Center Case Study: ImaginOn •Location: Charlotte, North Carolina •Year Built: 2005 (opening) •Size: 104,000 sq.ft. •Cost: $41M •Funding: Public Library of Charlotte & Mecklenburg County; Endowment •Partners/Users: Charlotte Mecklenburg Library, Children's Theatre of Charlotte •Features: Two theaters, children’s library, four classrooms, teen library, multimedia production studio, interactive exhibit space Case Study: Seattle Children’s Theatre •Location: Seattle, Washington •Year Built: Charlotte Martin Theatre-1993; Eve Alvord Theatre-1995, Allen Family Technical Pavilion- 2000 •Size: 482 and 275 seats •Partners/Users: Seattle Children’s Theatre Meridian Multiuse Center Project Development Plans Prepared for City of Meridian, Idaho Meridian Chamber of Commerce Meridian Development Corporation Prepared by Pegasus Planning and Development www.PegasusATX.com January 29, 2015 Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 8D PROJECT NUMBER: ITEM TITLE: D, Public Works: Budget Amendment for Old City Hall Tenant Improvements for 2015 for the Not -to -Exceed Amount of $69,390.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 0 S N n 0 O N (D a I� S1) N O T CP n C rD 'D .0. m O Q (7 2 v m v 0 m 3 CD N N 0 cin W C CL O D 3 fD 7 CL3 rD 73 lO Q n S v N O I p N K r O O. 3 (D 3 M rro (D N 000000 C la O DO F, F, DO 00 DO r» rb A A A A A A 0 0 0 0 0 0 LL, t1 fD 5 1 N �Q O v iA 0000000000000 O O O O O O O F-` IO N N N N N N N N rp A 00 A fn A 4D A 00 A fp A OD A QO A O OD OD A A OD A Co A Co A W W A W A W A Co W A A W A DD A 0000000000000 A A A N O N O N O N O N W N N F-+ N F-• N N N N N O O O rn W 0 0 0 0 0 0 0 0 0 0 0 0 0 N N A A N A N A N A N A N 41 N A N A N N A A N A N A, N N N N N N N N N N N N N I i N N N N n n n n n n n n m n C O 3 O m n< v a V) f o on o — fD v rD .< ft)^ fD r) n rD 0 — O O — ODi v C C Di O C DD rD rD rD tn. i i> i/ int iA to if > (A I o m m N 3 m m 7r 3 O 7 rD GQ Da — p p O rD rD rD no -o a c v v ry •v ;T ; '+ b 3 3 rQ r4 R) -p fD rD 2 4 73 a �6 C H rt rtfu O 4- q n .7 ro r7 3 Z Z 1 O roJ, °a 3 3 3 �) m° a e er w _� a 3 rn R O v 7 v o r4 fp m SD R 4 rA O N 3 0 0 C Zn -Os 3 0 •• Cl. 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Salix Drive Request: Vacate a Portion of the 5 -Foot Wide Public Utility, Drainage and Irrigation (PURI) Easement Along the South Boundary Lot 17, Block 11 Platted with .layker Subdivision No. 1 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT To APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 9B PROJECT NUMBER: F 15-001 ITEM TITLE: McLiinder B. FP 15-001 McLinder Subdivision No. 2 by TS Development, LLC Located at 4650 N. Linder Road and 1437 W. McMillan Road Request: Final Plat Approval Consisting of Seven (7) Building Lots on 5.37 Acres of Land in the C -N Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 10A PROJECT NUMBER: RZ 14--003 ITEM TITLE: Kinsley A. Ordinance No. f 5-- /1:9 37 An Ordinance (RZ 14-003 - Kinsley) For The Re -Zone Of 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; Establishing And Determining The Land Use Zoning Classification Of L -O (Limited Office District) And R-15 (Medium -High Density Residential) Zoning District To C -C (Community Business) Zoning District; And Providing An Effective Date MEETING NOTES 17, 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 2015-008812 BOISE IDAHO Pgs=5 LISA BATT 02/04/2015 11:37 AM MERIDIAN CITY NO FEE 1111111111111 MIN 1111111111111111111111111111111 00062947201500088120050056 CITY OF MERIDIAN ORDINANCE NO. r _ 1 w .i j BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 14-003 — KINSLEY) FOR THE RE -ZONE OF 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; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF L -O (LIMITED OFFICE DISTRICT) AND R-15 (MEDIUM-HIGH DENSITY RESIDENTIAL) ZONING DISTRICT TO C -C (COMMUNITY BUSINESS) ZONING 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" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for re -zoning by the owner of said property, to -wit: D.L. Evans Bank. SECTION 2. That the above-described real property is hereby re -zoned from the L -O (Limited Office District) and R-15 (Medium High Density Residential) zoning district to the C -C (Community Business) zoning 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 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 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. RE ZONE ORDINANCE - KINSLEY — RZ 14-003 PAGE 1 OF 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2P1-4. ,."' APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of fkbL(,t,t�Y , 2 "4. . de WEERD ATTEST: v� �} JAYCF6L.'HCfhM7V14, CITY CLE ' city of t ,.,' sJJ I1 -,!AN RE ZONE ORDINANCE - KINSLEY — RZ 14-003 PAGE 2 OF 3 STATE OF IDAHO, ss: County of Ada ) On this b day of wa , 2@'1-4, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. SEAL 0 ( )w Notary Public for Idaho ,i Residing At: mv% 1 r tl M M r tl tl r tl A My Commission Expires: �;Lo r i c r r V (�7����' 41 l�`���6�4 RE ZONE ORDINANCE - KINSLEY - RZ 14-003 PAGE 3 OF 3 January 7, 2014 Project No. 113116 Rezone Description Kinsley Subdivision 3.A2 Acres EXHIBIT A P-11 P ZZ Page 1 of 1 I `111f: 1 AMP (AW111, rNl: 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, Eloise Meridian, City of Meridian, Ada County, Idaho, described as follows: OEGINNING at the West One Quarter Corner of said Section 11, thence followring the westhry line of sahf 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 WW44" fast a distance of 31.00 feet; Thence North 89'S9'2W East a distance of 81.00 feet; Thence South 0'00 4V 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 50.54 feet; Thence South 89'37'44" East a distance of 55,12 feel; 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 a have -described tract of land contains 3.A2 acres more or less, subject to all existing easements and rights-of-way. Attached hereto is Exhibit "13" and by this reference is made a part hereof. Prepared fly: THE LANE? GROUP, INC. 462 F. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83516 Kinsley — MDA 14-004 7. 2011-1 L�tirth2ldd � ;K+C'�.rrt EXHIBIT B _....... ...... f Na9*s9a•e 193.99 W. Acarrera Ln. saro0'4(YE 1159`02Y 34V aI.or. r Rezone Area SommersbyStbd[vPsian 140. 2 .a I.. 3,42 Acres+ t •L � P� � $89'S9�ti'lY �„ ," 1 • r ,/",/ . f'• s' 55.17 � � w .W. Pine Ave. hW36'16*W 325.91• — 1 W 114 COMM SECTION 11 !• �. ao�yr Rezone Ronw AyW SNY r"•,-% enom;M THE LAND GROUP �{i�BR di �1f1Y1'.fi1'S YTS exhibit B P -Mk o!t r I Kinstep Subdivision 1t,.�Ei41%b1t•lu dli�F4N11� Rezone Exhibit 1 Kinsley — MDA 14-004 Meridian City Council Meeting DATE: February 3, 2015 ITEM NUMBER: 11 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERICS OFFICE FINAL A C TION DATE. E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS