2015-03-17�E IDIAN CITY COUNCIL REGULAR
IDAHO MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, March 17, 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
3. Community Invocation by Steve Moore from Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Proclamation
A. Proclamation for March for Meals
B. Proclamation for Mountain View High School State Champions Day
6. Consent Agenda Approved
A. Approve Minutes of February 17, 2015 City Council Meeting
B. Approve Minutes of February 24, 2015 City Council Meeting
C. Approve Minutes of March 3, 2015 City Council Meeting
D. Approve Minutes of March 10, 2015 City Council Workshop Meeting
E. Approval of Purchase of ABS/Polycarbonate Polymer Valve Lids from HD
Supply Waterworks for the Not -To -Exceed Amount of $102,000.00 and
Authorize the Purchasing Manager to sign the Purchase Order
Meridian City Council Meeting Agenda —Tuesday, March 17, 2015 Page 1 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
F. Approval of Award of Bids and Agreements for the "Old City Hall TI -
Construction" Project to Multiple Contractors per the following schedule
for a Not -To -Exceed Amount of $55,748.00. These awards are the result of
informal bids issued by the City's Construction Manager ESI.
*BP1 Wall Coverings: Merit Professional Coatings, Inc. $11,403.00
*BP2 Floor Coverings: Designer Floors $28,500.00
*BP3 Lighting: Power Plus, Inc. $15,845.00
G. Approval of purchase of Miscellaneous Shop Tools and Equipment from
MSC Direct for the Not -To -Exceed amount of $54,127.95 and from Norco for
the Not -to -Exceed amount of $60,167.98 and Authorize the Purchasing
Manager to sign the Purchase Orders.
H. Findings of Fact, Conclusions of Law for Approval: PP 14-019 Granton
Square Subdivision by Granton Square Properties, LLC Located East Side
of N. Locust Grove Road and South of E. Ustick Road Request: Preliminary
Plat Approval Consisting of Twenty -Eight (28) Single Family Residential
Lots and Seven (7) Common Lots on Approximately 4.81 Acres in the
Proposed R-8 Zoning District
Findings of Fact, Conclusions of Law for Approval: AZ 14-015 Granton
Square Subdivision by Granton Square Properties, LLC Located East Side
of N. Locust Grove Road and South of E. Ustick Road Request: Annexation
of Approximately 5.13 Acres from RUT in Ada County to the R-8 (Medium
Density Residential) Zoning District
J. Final Order for Approval: FP 15-005 Hill's Century Farm Subdivision No. 2
by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final
Plat Approval Consisting of Fifty -Six (56) Building Lots and Nine (9)
Common Lots on 19.78 Acres of Land in the R-8 Zoning District
K. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship
Agreement Between Biolife Plasma Services and the City of Meridian for a
Not -to -Exceed Amount of $1,000.00
L. Resolution No. 15-1055: Declaring Surplus Property And Authorizing
Donation of Outmoded Tactical Equipment To The Keck School Of
Medicine Of The University Of Southern California Continued to March 24,
2015
7. Items Moved From Consent Agenda None
8. Action Items
A. FP 15-006 Solterra No. 2 by C15, LLC Located Northeast Corner of E.
Fairview Avenue and N. Hickory Way Request: Final Plat Approval
Meridian City Council Meeting Agenda — Tuesday, March 17, 2015 Page 2 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Consisting of Fifty -One (51) Single Family Residential Lots and Six (6)
Common Lots on Approximately 5.34 Acres in an R-15 Zoning District
Approved
B. Public Hearing Continued from March 3, 2015: AZ 14-014 Sulamita Church
by Architecture Northwest Located Southwest Corner of W. Cherry Lane
and N. Black Cat Road: Annexation and Zoning of 9.76 Acres of Land with
an R-8 Zoning District Approved
C. Public Hearing Continued from March 3, 2015: CUP 14-019 Sulamita Church
by Architecture Northwest Located Southwest Corner of W. Cherry Lane
and N. Black Cat Road Request: Conditional Use Permit Approval to
Develop a Church on Approximately 8.47 Acres in the Proposed R-8 Zoning
District Approved
D. Public Hearing: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located
398 S. Locust Grove Road Request: Annexation and Zoning of 5.19 Acres
of Land with an R-15 Zoning District Continued to March 24, 2015
E. Public Hearing: PP 15-001 Bellabrook East by ZWZ Properties, LLC Located
398 S. Locust Grove Road Request: Preliminary Plat Approval Consisting
of Nine (9) Buildable Lots, Two (2) Common Lots and One (1) Other Lot on
5.14 Acres of Land in a Proposed R-15 Zoning District Continued to March
24, 2015
F. Public Hearing: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located
4617 and 4620 S. Martinel Lane Request: Annexation and Zoning of 27.75
Acres of Land with an R-8 Zoning District Remanded back to the Planning
& Zoning Commission
G. Public Hearing: PP 14-018 Nesting Swan Ranch by Blossom 1, LLC Located
4617 and 4620 S. Martinel Lane Request: Preliminary Plat Approval
Consisting of Thirty -One (31) Building Lots and Seven (7) Common / Other
Lots on 10.37 Acres of Land in a Proposed R-8 Zoning District Remanded
back to the Planning & Zoning Commission
9. Department Reports
A. Mayor's Office: Resolution No. 15-1056: A Resolution for the Appointment
of Robert Waldher to Seat 2 of the Meridian Transportation Commission
Approved
B. Public Works: Budget Amendment - Trimble GPS Purchase for the Not -to -
Exceed Amount of $23,339.00 Approved
Meridian City Council Meeting Agenda—Tuesday, March 17, 2015 Page 3 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
C. Community Development: Review and Approve City Roadway, Intersection
and Community Program Project Priorities for 2015 Bring back on April 7,
2015 agenda.
D. Fire Department: The Compliance Engine — Web -based software for
reporting results of required inspections to Meridian Fire Department
E. Fire Department: Agreement with Brycer, LLC for The Compliance Engine
Approved
F. Fire Department: Resolution No. 15-1057: Adopting an Administrative
Policy of the Meridian Fire Department Regarding Approved Method of
Transmitting Records of Inspections Approved
G. Fire Department and Legal Department: Memorandum of Understanding
and Agreement between the City of Meridian and the Meridian Rural Fire
Protection District Approved
10. Future Meeting Topics None
11. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real
Property, Which is Not Owned by a Public Agency; and (d) To Consider Records
that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code;
Into Executive Session at 9:31 p.m.
Out of Executive Session at 9:56 p.m.
Adjourned at 9:57 p.m.
Meridian City Council Meeting Agenda — Tuesday, March 17, 2015 Page 4 of 4
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian City Council March 17, 2015
A meeting of the Meridian City Council was called to order at 6:17 p.m., Tuesday, March
17, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd. Charlie Rountree, Keith Bird, David
Zaremba, Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Clint Doslby,
Mark Stall, Merk Niemeyr, 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: Thank you for waiting for us. We apologize for getting started late. But
welcome to our City Council meeting. For the record it is Tuesday, March 17th. It's 6:17.
Madam Clerk, will you, please, call roll.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is the Pledge of Allegiance. We will be led tonight by Troop 285.
They are with Green Valley Ward and we have Dylan Haycock that is going to lead us in
the Pledge of Allegiance. So, Dylan, if you will come forward and I will ask you all to rise.
(Pledge of Allegiance recited.)
De Weerd: Dylan, if I could invite you forward. I have a City of Meridian pin. Thank you
for leading us.
Item 3: Community Invocation by Steve Moore from Ten Mile Christian Church
De Weerd: Okay. Item No. 3 is our community invocation. Tonight we will be led by
Pastor Steve Moore. Pastor Moore is with Ten Mile Christian Church. So, I will ask you
to join us in the community invocation or take this as an opportunity for a moment of
reflection. Pastor Moore, thank you for joining us.
Moore: Thank you. Heavenly Father, a day like this we -- it's so easy to take for granted
our health and the beauty of our world. We thank you for that. God, just walking into this
room tonight and seeing those scouts and seeing the Mountain View girls basketball team
just does my heart good to think about the influence of this wonderful city of ours and,
again, God, we don't want to take that for granted. We ask your continued blessing on the
Meridian City Council
March 17, 2015
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way we live, but specifically tonight I ask for you to give wisdom to this Council and to our
Mayor and the city officials, the servants. We are grateful for the time that they commit.
There is decisions that they are going to made tonight that affect lives in different kinds of
ways and we are grateful that we have your presence. We are mindful that we are not
only one nation under you, God, but this city is under you as well and we humbly
acknowledge what it means to have a Creator God present in our individual lives, in the
name of Jesus I pray, amen.
De Weerd: Thank you, Pastor Moore.
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 6-L has been asked to be continued until March 24th in order to get the
agreements completely executed. On Item 9-A the resolution number is 15-1056. On
Item 9-F the resolution number is 15-1057. 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 amended. All those
in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Proclamation
A. Proclamation for March for Meals
De Weerd: Okay. Item No. 5 is our Proclamations. The first one is for the March for
Meals and I'm going to move down to the podium. If I could have those that will be
receiving the proclamation please join me. I'm going to read this proclamation and, then, I
will kind turn the mike over for comments on the success of the event this last weekend
and -- but first we will read the proclamation. Whereas on March 22nd, 1972, President
Richard Nixon signed into a law a measure that amended the older Americans Act of 1965
and established a national nutrition program for seniors 60 years and older. Whereas
Meals on Wheels America established the National March for Wheels -- for Meals
campaign in March of 2002 to recognize the historic month, the importance of Older
Americans Act, the nutrition programs, and to raise awareness about the escalating
problem for -- of senior hunger in America. Whereas the metro Meals on Wheels program
has served Meridian and communities throughout Ada County for more than 40 years and
Meridian City Council
March 17, 2015
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whereas volunteer drivers are the backbone of the program and not only do they deliver
nutritious meals to homebound seniors, but also care and concern and attention to their
welfare. Whereas metro wheels on -- Meals on Wheels -- Wheels on Meals. Yeah.
Provides nutritious meals to seniors throughout Ada County and help them maintain their
health and independence. Whereas metro Meals on Wheels provides a powerful
socialization opportunity for seniors to help combat loneliness and isolation. Therefore, I
Tammy de Weerd of the City of Meridian do hereby proclaim March for Meals month in
the City of Meridian and urge our citizens in the City of Meridian to take this month to
honor our local Meals on Wheels program, the seniors they serve and certainly the
volunteers that are an integral part of this important program to our community. So, I will
turn this over Grant Jones and thank you for your involvement and for what you do in our
community for our seniors that are homebound. So, thank you so much.
Jones: Thank you so much. Thank you very much. Appreciate that. Thank you, Mayor
de Weerd and City Council, for letting me come here tonight. We do make a big
difference among seniors in Meridian. We serve about 80 homebound folks in Meridian
every weekday and, then, at the beautiful new senior center we serve over 100 meals
every weekday to seniors in Meridian. So, Meals on Wheels does a lot in Meridian. We
are so grateful for this proclamation. We had a great event here in Meridian at Kleiner
Park on Saturday and everybody needs to know we had the largest March for Meals event
in the country in Meridian on Saturday. Four hundred folks from across the area came to
March for Meals and raised awareness about senior nutrition. So, thank you so very
much. We really appreciate it. Thank you.
De Weerd: Thank you. And I think Council Member Milam went to the event, did you
not? No?
Milam: I wanted to go.
B. Proclamation for Mountain View High School State Champions
Day
De Weerd: I'm sure she wanted to be there. Okay. Now, I will ask the girls to come on
and join me up here at the podium as I read the proclamation. Now, I will say the
Mountain View girls basketball team has dressed for the occasion of, you know, St.
Patrick's Day. They have their green on. Grant, I notice that you didn't. I didn't pinch you,
so -- there you go. Okay. And so will always enjoy the opportunity to recognize our
student athletes when they accomplish big things and just want you all to know how proud
we are of this accomplishment. It's a big deal and so this is our opportunity to recognize
you for your dedication, your hard work, and the championship that you home. So, let me
read this proclamation. Whereas being an athlete is more than training to excel in sports
or to be physically fit, it is training to build leadership, character, confidence, teamwork
and resilience, all traits that are needed to succeed on the court, in the classroom, and in
the real world. And whereas the Mountain View girls basketball team overall record for
the 2014-2015 season was 26 wins and one loss and whereas their hard work and
teamwork resulted in recently winning the 2015 state championship tournament for
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March 17, 2015
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basketball and whereas the capturing of the state title builds school spirit and allows these
student athletes to walk the halls of Mountain View with a little extra swagger. Whereas
the leadership, training and discipline of their coaches helped all team members to focus
their talents and passion to become a winning team, with each player making valuable
contributions to their victory. Therefore, I, Mayor Tammy de Weerd, do hereby proclaim
March 17 as Mountain View High School State Championship Day here in the City of
Meridian and call upon the community to, please, join me in congratulating the Lady Mavs
on their remarkable athletic achievement and for representing Meridian so proudly at the
state tournament and, please, join me in congratulating these young ladies. The official
proclamation has each of their names and those will be in the record for our city, so you
can look it up at anytime and I did sign copy for each of you and I will give this to your
coach and as she makes remarks and maybe some introductions, I will present you a City
of Meridian pin.
Skogrand: Thank you, Mayor de Weerd and Councilmen. We really appreciate this
award. It was -- I'm pretty proud of these girls. They stepped up all year long and played
extremely well and they really came through in the state tournament. Set a couple
records. You know, we created a little history there over at Mountain View. First girls
state champion in basketball. So, hopefully, we can continue that type of program over at
Mountain View, which I'm sure we will. But let me introduce you to these girls.
Destiny Slocum and Taeli Carrillo. Audra Perry. Kayla Anderson. Devenee Villareal.
Kaylee Olson. Adianna Vickery. Alyssa Case. Drew Pikes. We are missing a few of
them. They couldn't be here tonight, but they were sorry they couldn't make it. But thank
you again.
De Weerd: Well, thank you. I think those are our favorite times of being able to recognize
the youth in our community and their achievements. So, it's certainly our honor to be able
to have done that and having played basketball in high school I know the hard work. I
don't know the victory, but do know the hard work.
Item 6: Consent Agenda
A. Approve Minutes of February 17, 2015 City Council Meeting
B. Approve Minutes of February 24, 2015 City Council Meeting
C. Approve Minutes of March 3, 2015 City Council Meeting
D. Approve Minutes of March 10, 2015 City Council Workshop
Meeting
F. Approval of Award of Bids and Agreements for the “Old City Hall
TI - Construction” Project to Multiple Contractors per the
following schedule for a Not-To-Exceed Amount of $55,748.00.
These awards are the result of informal bids issued by the City’s
Construction Manager ESI.
Meridian City Council
March 17, 2015
Page 5 of 65
*BP1 Wall Coverings: Merit Professional Coatings, Inc.
$11,403.00
*BP2 Floor Coverings: Designer Floors $28,500.00
*BP3 Lighting: Power Plus, Inc. $15,845.00
G. Approval of purchase of Miscellaneous Shop Tools and
Equipment from MSC Direct for the Not-To-Exceed amount of
$54,127.95 and from Norco for the Not-to-Exceed amount of
$60,167.98 and Authorize the Purchasing Manager to sign the
Purchase Orders.
H. Findings of Fact, Conclusions of Law for Approval: PP 14-019
Granton Square Subdivision by Granton Square Properties, LLC
Located East Side of N. Locust Grove Road and South of E.
Ustick Road Request: Preliminary Plat Approval Consisting of
Twenty-Eight (28) Single Family Residential Lots and Seven (7)
Common Lots on Approximately 4.81 Acres in the Proposed R-8
Zoning District
I. Findings of Fact, Conclusions of Law for Approval: AZ 14-015
Granton Square Subdivision by Granton Square Properties, LLC
Located East Side of N. Locust Grove Road and South of E.
Ustick Road Request: Annexation of Approximately 5.13 Acres
from RUT in Ada County to the R-8 (Medium Density Residential)
Zoning District
J. Final Order for Approval: FP 15-005 Hill's Century Farm
Subdivision No. 2 by Brighton Investments, LLC Located 5340 S.
Eagle Road Request: Final Plat Approval Consisting of Fifty-Six
(56) Building Lots and Nine (9) Common Lots on 19.78 Acres of
Land in the R-8 Zoning District
K. CableONE Movie Night in Meridian 2015 Single-Night
Sponsorship Agreement Between Biolife Plasma Services and
the City of Meridian for a Not-to-Exceed Amount of $1,000.00
De Weerd: Okay. Item 6 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: With the movement of Item 6-L to next week's meeting, I move that we
approve the Consent Agenda, authorizing the Clerk to attest and the Mayor to sign.
Bird: Second.
Meridian City Council
March 17, 2015
Page 6 of 65
De Weerd: I have a motion and a second to approve the Consent Agenda as stated.
Madam Clerk, will you, please, 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 items moved from Consent Agenda.
Item 8: Action Items
A. FP 15-006 Solterra No. 2 by C15, LLC Located Northeast Corner
of E. Fairview Avenue and N. Hickory Way Request: Final Plat
Approval Consisting of Fifty-One (51) Single Family Residential
Lots and Six (6) Common Lots on Approximately 5.34 Acres in
an R-15 Zoning District
De Weerd: We will move to Item 8 under Action Items. Our first one is 8-A, FP 15-006.
Watters: Thank you, Madam Mayor, Members of the Council. The first application before
you tonight is a request for a final plat. This site consists of 5.34 acres of land. It's
currently zoned R-15 and is located at the northeast corner of East Fairview Avenue and
North Hickory Way. The final plat consists of 51 single family residential building lots and
six common lots on 5.34 acres in an R-15 district. The proposed plat is in substantial
compliance with the approved preliminary plat. Written testimony has been received from
Jim Conger, the applicant's representative, in agreement with the staff report. Staff is
recommending approval of the proposed final plat.
De Weerd: Thank you. Council, any questions for staff?
Bird: I have none.
Rountree: No.
De Weerd: Does the applicant have any comments? Okay. Thank you. Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve FP 15-006 and include staff and applicant comments.
Meridian City Council
March 17, 2015
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Milam: Second.
De Weerd: I have a motion and a second to approve Item 8-A. If there is no discussion,
Madam Clerk, will you call role.
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. Public Hearing Continued from March 3, 2015: AZ 14-014
Sulamita Church by Architecture Northwest Located Southwest
Corner of W. Cherry Lane and N. Black Cat Road: Annexation
and Zoning of 9.76 Acres of Land with an R-8 Zoning District
C. Public Hearing Continued from March 3, 2015: CUP 14-019
Sulamita Church by Architecture Northwest Located Southwest
Corner of W. Cherry Lane and N. Black Cat Road Request:
Conditional Use Permit Approval to Develop a Church on
Approximately 8.47 Acres in the Proposed R-8 Zoning District
De Weerd: Item 8-B and C are public hearings continued from March 3rd on AZ 14-014
and CUP 14-019. I will ask for staff comments at this time.
Watters: Thank you, Madam Mayor, Council. The next applications before you are a
request for annexation and zoning and a conditional use permit. This site consists of 8.49
acres of land. It's currently zoned R-1 in Ada County and is located at the southwest
corner of North Black Cat Road and West Cherry Lane. The applicant is requesting
annexation and zoning of 9.76 acres of land with an R-8 zoning district consistent with the
future use map designation of medium density residential for this site. A conditional use
permit is also requested for a church use in the R-8 zoning district. There are two existing
homes on this site that are proposed to be removed. The existing outbuildings are
proposed to remain as accessory structures for the church to be used for storage of
maintenance equipment. Those structures are here along the southern boundary of the
site. The site plan was submitted as shown that depicts the proposed project developing
in two phases. The first phase will consist of a 28,457 square foot church facility, which
will include a centralized foyer and main worship space, administrative office, nursery
room, meeting rooms, and fellowship gathering hall. There will also be an unfinished
gymnasium, kitchen, and meeting rooms. This second phase will include a 5,883 square
foot edition to the south side of the building. That's shown here in the -- the lighter area.
ACHD is requiring additional right of way to be dedicated for the Black Cat-Cherry Lane,
intersection project. There is an existing access via Cherry Lane that is proposed to be
removed and relocated to the west property line right here for shared access with the
property to the west. There are two existing accesses via Black Cat. The northern
Meridian City Council
March 17, 2015
Page 8 of 65
access is proposed to be shifted to align with West Thorncreek Street on the east side of
Black Cat and the southern access is proposed to be removed. A minimum 25 foot wide
landscape street buffer and five foot wide detached is required along Black Cat Road and
Cherry Lane. An internal parking lot landscaping is proposed as shown on the landscape
plan. A ten foot wide multi-use regional pathway is required along the southern boundary
of the site adjacent to the Ten Mile Creek. Landscaping and bollard lighting is required
along the pathway in accord with UDC standards. Building elevations were submitted as
shown for the future church building. The building materials are proposed to consist
primarily of stucco with stone veneer wainscot. As a provision of annexation staff is
recommending a development agreement is required to tie future development of this site
to the terms in the staff report. The Commission did recommend approval of the subject
applications. There were ten folks testified in favor of the application. They are listed on
your hearing outlines. Eighteen people also signed up in favor of the application as listed.
No one testified in opposition or commented. Written testimony was received from Randy
Haverfield, the applicant's representative in agreement with the staff report. There were
no key issues of discussion by the Commission and no changes to the staff report. Staff
will stand for any questions Mayor and Council may have.
De Weerd: Thank you. Council, any questions?
Bird: I have none at this time.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Were there any improvements proposed for outbuildings that are going to
remain? I don't know their condition. Are they in a presentable condition --
Watters: Madam Mayor?
Rountree: -- at this point. It's a rather old site, so --
Watters: Councilman Rountree, not that I'm aware of, but the applicant is here tonight, so
they could answer that question. I did ask them to screen those buildings, though, in the
staff report with fencing and landscaping.
Rountree: Okay. And is there a flood plain issue on the south of the property? Is there a
drainage through there?
Watters: There is a drainage along the southern boundary. There is a portion of it along
the boundary that is within the Meridian flood plain overlay district.
Rountree: Okay. But no development is proposed in that?
Watters: No development is proposed on that end.
Meridian City Council
March 17, 2015
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Rountree: Thank you.
De Weerd: Okay. Thank you. Is the applicant here this evening? Oh, I forgot to turn the
podium around. So, we will have someone turn that around for you. I apologize. You
probably wondered how you were going to do that; right? If you will, please, state your
name and address for the record.
Struk: I am Pavel Struk. 9542 West Broad Drive, Boise, Idaho.
De Weerd: Okay. You want to pull that mike a little closer to you. Yes. Thank you.
Struk: Okay. I am church member. We are planning to build this church and I'm not clear
what question was.
Rountree: I got an answer to my question.
Struk: Oh, you got --
Rountree: Yeah.
Struk: Okay.
Rountree: Well, I guess I didn't. My question was do you plan on doing any
improvements to the outbuildings that remain on site?
Struk: Maybe not -- not now, but later.
Rountree: I don't know their condition, I just asked.
Struk: Yeah. Of course.
De Weerd: Do you have any information you want to share with the City Council about
the project or --
Struk: About the project?
De Weerd: Are you -- are you the applicant?
Struk: I am just church member and we work with Randy. This our --
De Weerd: Okay. And Randy isn't here this evening?
Struk: He's not here. He had to --
De Weerd: He kind of threw you out in front of us, uh?
Meridian City Council
March 17, 2015
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Struk: No. He called me and he said that he had meeting in Nampa City Hall today and
he is not able to be today. He says that I had to be here. If you have any questions what
I know I can --
Bird: I have none.
De Weerd: Okay. It doesn't look like we have any at this time.
Struk: Yeah.
De Weerd: So, I imagine since you are one of the church members and standing in front
of us that you are in favor of this application?
Struk: Of course.
De Weerd: Okay. Very good. Thank you for being here.
Struk: Okay. Thank you.
De Weerd: Okay. I had several people that did sign up in favor of that. We saw from the
minutes of the Planning and Zoning that there is considerable support from the church
members. Can you raise your hands if you're in favor of this application? Okay. Thank
you. Thank you for being here. Does anyone want to provide testimony on this
application?
Bird: Madam Mayor? Oh, I'm sorry.
Person: Hello.
De Weerd: If you will, please, state your name.
Shabura: I am Vasily Shabura. My address 3127 North Boulder Creek, Meridian, Idaho.
De Weerd: Thank you.
Shabura: And we appreciate for this moment to wait a couple years and we have
opportunity to build this church and we hope everything will get through and make this
building and we love this city, we love America, and really appreciate for you for give for
us chance to build church in this country.
De Weerd: Well, thank you. We appreciate you being here and thank you for your
testimony.
Shabura: Yeah. I am part of the church.
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March 17, 2015
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De Weerd: I assumed so. And you're speaking in favor. So, thank you for being here.
Shabura: Thank you.
De Weerd: Thank you. Is there any further testimony?
Bird: Madam Mayor?
De Weerd: Okay. Mr. Bird.
Bird: Seeing none, I move we close the public hearings on AZ 14-014 and CUP 14-019.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Items 8-B and C.
All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve AZ 14-014 and to include all staff and applicant comment and
that is to include a DA -- will be required for future development on this annexation.
Milam: Second.
De Weerd: Okay. I have a motion and a second to approve Item 8-B as noted. Any
further discussion from Council? Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener,
yea.
De Weerd: All ayes with one abstention.
MOTION CARRIED: FIVE AYES. ONE ABSTAIN.
De Weerd: Item 8-C.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve CUP 14-019 and include all applicant and staff comments.
Meridian City Council
March 17, 2015
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Milam: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, abstain; Milam, yea; Cavener,
yea.
De Weerd: I have all ayes and one that abstained.
MOTION CARRIED: FIVE AYES. ONE ABSTAIN.
D. Public Hearing: AZ 15-001 Bellabrook East by ZWZ Properties,
LLC Located 398 S. Locust Grove Road Request: Annexation
and Zoning of 5.19 Acres of Land with an R-15 Zoning District
E. Public Hearing: PP 15-001 Bellabrook East by ZWZ Properties,
LLC Located 398 S. Locust Grove Road Request: Preliminary
Plat Approval Consisting of Nine (9) Buildable Lots, Two (2)
Common Lots and One (1) Other Lot on 5.14 Acres of Land in a
Proposed R-15 Zoning District
De Weerd: Item 8-D and E are public hearings on AZ 15-011 and PP 15-001. I will open
these two public hearings with staff comments.
Watters: Madam Mayor, Council, the next applications before you are a request for
annexation and zoning and a preliminary plat. This site consists of 5.14 acres of land. It's
currently zoned RUT in Ada County and is located at 398 South Locust Grove Road on
the east side of Locust Grove south of Franklin Road. The subject property -- a little
history on it -- was split in 2003 without approval from the Ada County Development
Services. The subject application includes both of these properties that were part of the
split and is, therefore, considered a parcel for development. The application before you is
a request for annexation and zoning of 5.19 acres of land with an R-15 zoning district,
consistent with a mixed use commercial future land use map designation. A preliminary
plat is proposed as shown that consists of nine building lots, two common lots and one
other lot on 5.14 acres of land in a proposed R-15 district. No development is proposed at
this time on Lot 5, Block 2. That is the large lot here at the right-hand side. A conceptual
development plan was submitted for this area, showing how this lot may possibly develop
in the future as shown. The gross density for the subdivision, excluding Lot 5, the large
lot, is 4.21 dwelling units per acre, with a net density of 8.11 dwelling units per acre.
There is an existing home and outbuildings on the western 2.14 acre parcel. That is right
in here. The home is proposed to remain a lot in the subdivision. The outbuildings are
proposed to be removed. The existing home is required to hook up to city water and
sewer service within 60 days of services being available. A portion of this site along the
east property boundary lies within the Meridian Floodplain Overlay District, which requires
a floodplain permit application to be submitted prior to any development occurring in the
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March 17, 2015
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overlay district. Access is proposed to the site via East Kalispell Street, an existing stub
street at the west boundary of the site via Locust Grove Road. That is shown here along
the north boundary. A snoopy turnaround is proposed at the south boundary of the site,
which may extend to the east with future development. A 25 foot wide landscaped street
buffer is required along South Locust Grove Road on the common lot where the
emergency access is proposed. Open space is proposed in accord with the UDC
standards. One site amenity is required to be provided with this development. The
pathways master plan depicts a segment of the city's regional pathway on this site along
the east side of the Five Mile Creek. That does run right through there. The pathway
master plan depicts the segment of the city's regional pathway on this side along the east
side of the creek and an easement for the pathway is required at this time. However,
construction of the pathway is not required until the eastern portion of the site develops in
the future. Three pictures of typical sample elevations were submitted as shown for the
development. The Commission did recommend approval of these applications. Ben
Thomas testified in favor. No one testified in opposition or commented on the application.
Ben Thomas, the applicant's representative, submitted written testimony on this
application. A key issue that was discussed by the Commission was a preference for
pavement rather than gravel for the emergency access road via Locust Grove for
maintenance purposes. And that is the road shown within this common lot right here.
The Commission did not make any changes to the staff recommendation and there are no
outstanding issues. Written testimony since the Commission hearing was received from
Steven Yearsley. He requests the emergency access road along the south boundary of
the site is paved, rather than gravel for a pathway amenity with breakaway bollards to
prevent vehicular use at the ends of the pathway. Ben Thomas, the applicant's
representative, submitted written testimony also. He requests condition number 2.1.1,
which requires the water system to be looped to the existing main in Locust Grove by an
extension through Lot 1, Block 1, to be modified to not require an extension of the water
line through Lot 1 and dedicate an easement to the city instead for construction and
maintenance of a water main in the future if needed. Staff will stand for any questions
Mayor and Council may have.
De Weerd: Thank you. Council, any questions at this point?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: The preliminary plat does not include that portion to the east?
Watters: Madam Mayor, Councilman Rountree, it does include it. This is one large lot,
the boundary you see here, and, then, the applicant has submitted a concept plan for that
area and it is shown right here.
Rountree: I don't see an easement identified there for the pathway.
Watters: There isn't one. It's conditioned in the staff report.
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Rountree: So, it will show up on the final plat?
Watters: It may show up on the final plat, but the pathway -- the Parks Department is
requiring a separate easement to be recorded for a multi-use pathway, which will come
before you for approval.
Rountree: Okay. Thank you.
De Weerd: Okay. Any other questions at this point?
Bird: I have none.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Is the -- the emergency pathway is required.
Watters: Madam Mayor, Councilman Borton, Councilmen, the emergency access is
required by the Fire Department. It is within this lot right here, which is Lot 1. The Fire
Department is okay with it being gravel, as long as it meets their requirements. It was
simply a suggestion by Steven Yearsley that they pave it.
Borton: Okay. Madam Mayor?
De Weerd: Mr. Borton.
Borton: This may be a question for the applicant, but who is it contemplated to maintain
it? The HOA?
Watters: The homeowners association. Yes.
Borton: Thanks.
De Weerd: Okay. Anything further from Council?
Bird: Not at this point.
De Weerd: Would the applicant like to make comment? Good evening. If you will,
please, state your name and address for the record.
Thomas: Sure. Madam Mayor, Council Members, my name is Ben Thomas. My mailing
address is P.O. Box 170811, Boise, Idaho. 83717. I'm here representing the applicant
this evening. I think Sonya has accurately described our proposal here and it's fairly
straight forward, but I will stand for any questions you might have.
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March 17, 2015
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De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
Zaremba: Madam Mayor?
Borton: Madam -- go ahead.
De Weerd: Mr. Zaremba.
Zaremba: Not necessarily for the applicant, but while the applicant is here I would like to
ask the Public Works Department to comment on the request not to loop the water
system.
Dolsby: Madam Mayor and Members of the Council, Councilman Zaremba, I spoke to
Kyle Radek this afternoon and the reason that that requirement was put in was for
redundancy and to loop the water system to avoid a dead-end line in that sub.
Zaremba: Thank you.
De Weerd: Mr. Borton.
Borton: Thank you. Can you tell me the -- the discussion with regards to that emergency
pathway being paved verses gravel, maintenance costs and fear that it could become
easily ignored by an HOA, full of weeds, et cetera?
Thomas: Sure. Madam Mayor, Councilman Borton, my client, the applicant, wishes to
have it gravel for cost purposes only. That's all I can tell you. I mean the HOA will have to
maintain it one way or another. It's probably cheaper to maintain gravel than asphalt in
the long run. But that was his wish, so --
Borton: Okay.
Thomas: That's why we are here this evening. I would like to address the water situation
if I could quickly. I know that the city -- the staff and the City Council -- actually, I have
seen other projects come through here with only one water source. I know that DEQ
recommendations are for a looped water system, but that -- that seems to have been
overlooked on many other developments in the city, so I'd ask that that be done here.
Like I said, we would be happy to provide the easement, so that if the water line was ever
necessary in the future, another developer needed it or the city wanted to install it, they
would be free to do that.
De Weerd: Okay. Any further questions from Council?
Bird: I have none at this point.
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March 17, 2015
Page 16 of 65
De Weerd: Okay. Thank you.
Thomas: Thank you.
De Weerd: I had two people sign up on the public hearing sheet. If, when I call your
name, you would like to provide testimony, I would invite you forward at that time and if I
say your name wrong I apologize in advance. Rod Cullip. Yes. Good evening. Thank
you for joining us. If you will, please, state your name and address for the record.
Cullip: Rod Cullip. 1821 East Franklin Road.
De Weerd: Thank you.
Cullip: We have the R Rockin Ranch, which is just, according to the -- be the north of this.
This concern that I have is this is an extension off the subdivision that's already being built
right now with the houses and I came to meetings previously to this and they were
required to put a fence on the backside of our property to keep kids from coming in,
because we have horses and stallions in there and it was a requirement from City Council
for them to do that and they have never done that yet, so -- yeah. And I had a meeting
with them when they proposed this and the gentleman that I talked to said that they didn't
need to do it. So, I wanted to make sure I attended this meeting, so that you guys could
be beware of this situation, that they need to finish up on that part of it. So, that's my
biggest concern.
De Weerd: I can understand that. Thank you for sharing that. Council, do you have any
questions?
Bird: No.
De Weerd: Thank you.
Cullip: Thank you. Appreciate it.
De Weerd: And Shirley Cullip? Oh. Okay. She signed up also. Is there anyone else
who would like to provide testimony on this item? Yes, sir. Thank you for joining us. If
you will, please, state your name and address for the record.
Xu: Yes. My name is Danny Xu. My address is 1681 East Calabrese Lane in Meridian.
De Weerd: Thank you.
Xu: And we actually are current residents in Bellabrook Subdivision, so -- so, we are --
and I don't know if I can point that. So --
De Weerd: We can have someone help you -- show you how to use the system there.
Meridian City Council
March 17, 2015
Page 17 of 65
Xu: So, this is my house. So, I just became the owner of it. And then -- so, you know, we
heard about this -- a new development of the Bellabrook East Subdivision, which is
connected to our current subdivision, and after talking to my neighbor, especially along
the south side of the subdivision -- because our backyard -- it is directly connected to the
emergency access road, so we have some concerns. Our first concern is that what is the
long-term plan for emergency access road? Especially after this large lot has
redeveloped? Is it going to be turned into a formal traffic road for direct access to the
large lot from here? So, currently we support the use of this private easement as an
emergency access road. These are gravel or paved road. But because of the vegetation
along the fence on both sides of the road, we prefer to keep the vegetation if we are going
to turn this gravel road to a paved road and also once if we are going to pave the road,
are we going to put a sign over here at the entrance from the -- the major road, which is
the South Locust Grove to show this is emergency access only, so that people is not
going to mistaking that emergency access -- you know, access entrance to the rest of the
subdivision. So, the current entrance is right here. So, these are all concerns and
questions. I hope the attorney and the developer will be able to answer those concerns.
De Weerd: Thank you. We appreciate your testimony. Any questions from Council?
Thank you, Caleb. Any additional testimony? Okay. Would the applicant like to come up
and answer the questions that were raised in the public testimony?
Thomas: Madam Mayor, Council Members, in regards --
De Weerd: If you will just restate your name for the record.
Thomas: Oh. I'm sorry. Ben Thomas. P.O. Box 170811, Boise.
De Weerd: Thank you.
Thomas: In regards to the second gentleman's questions about the emergency access
road, that will be dedicated to the homeowners association. So, it will not be made a
public road. There will be bollards at both ends of that, both on Locust Grove and on the
-- at the Snoopy turnaround there. So, nobody could actually drive down that without
having the keys to remove those bollards. So, I don't ever anticipate any vehicle traffic on
that -- on that emergency access road. As far as Mr. Cullip's fence, I wasn't involved in
the project that was originally done in 2006 for the Bellabrook Subdivision. I have never
met Mr. Cullip. I don't know anything about a fence being proposed there, so I really can't
address it, other than I can say that that property is really not attached to this development
application, so it's not particularly germane to why we are here this evening. Thank you.
De Weerd: So, he's not the same developer that developed the front part of it?
Thomas: He is, indeed. I just wasn't involved in it, so I don't know anything about it.
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March 17, 2015
Page 18 of 65
Watters: Madam Mayor, if I may. Caleb just told me that he believes that Mr. Cullip
actually lives up in this area and may be getting this project confused with this property
perhaps?
De Weerd: So, perhaps we can have you come forward and point it -- point it out. So, is
it this lot just to the upper end of the orange area?
Cullip: Okay. My property comes all the way down to here and butts up right against this.
When they did this original --
Watters: Sir, can you select a color at the top, please?
Cullip: Okay. My property -- let's see. Comes right down here. Butts up against this
fence here and when they originally did this property here I came to the meeting -- all the
meetings that they had on it and the City Council at that time had told them that they were
required to put an iron -- wrought iron fence to keep the kids out right through this section
here and I have been waiting for that to be done and it's never been completed and I have
talked to a number of different people up on the projects through the years. They kept
telling me, oh, we will get to that, we will get to that. So, this gentleman that I was just
talking to I have never met, never had anything to do with, but the other gentleman that
left earlier that was in here, I had a discussion with this one when we got this in the mail
and he told me at that time that they didn't have to do it and I explained to him, yes, I
came to the meetings, that was part of the initial deal that had to be the wrought iron fence
to keep the kids out of there. This is an extension off that same subdivision. So, that's
why I'm here. Okay?
De Weerd: Thank you.
Cullip: Thank you.
Watters: Madam Mayor, I will look into that.
De Weerd: That would be good. Council, any questions for staff or the applicant?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Sonya, do we have a DA on that original --
Watters: On this property?
Bird: Yeah. On the --
Watters: For the --
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March 17, 2015
Page 19 of 65
Bird: The original -- the one that would have made the fence and stuff when we --
Watters: I am not sure, but I will look into it, Councilman Bird.
Bird: We need to make sure we get DA's on all these -- any from here on out.
De Weerd: Mr. Borton.
Borton: Madam Mayor, I have got a question for Chief Niemeyer concerning the
emergency access. It's a relatively small project, a few number of homes, and a relatively
long emergency access, which I presume is required from a public safety perspective. It
couldn't go forward without that access. You would need to use it if there is an issue. And
with that, in looking at the staff report, there is reference to it being -- needing to be 20 feet
wide, capable of supporting a load of 75,000 pounds, and my concern is once a project
like this is done for an HOA to perpetually maintain a gravel surface that can sustain what
you need without any strings down the road to require them to expend funds to make sure
that needed emergency access is maintained -- I'm not certain -- aside from the visual
spite strip potential that it has as gravel, I'm not certain the need to address the public
safety requirements are met under these circumstances if it's a gravel surface versus
paved. So, give me your thoughts on -- on truly what you're most comfortable with.
Niemeyer: And talked to Chief Palmer earlier today about this, that the issue with gravel
is if you have a lot of traffic on it you develop potholes, you develop a breakdown,
essentially, of that gravel roadway. With this having bollards you wouldn't see that
breakdown, therefore, we do work with applicants -- obviously, our preference is paved,
but the gravel in this situation, because it's blocked and not receiving a lot of traffic, Chief
Palmer wasn't as worried about the breakdown of the roadway that we would be driving
on to maintain the weight restrictions that we have. So, I don't know if I can answer your
question exactly. Our preference would be paved, because we know that 's going to last.
It's easier to maintain from a maintenance standpoint. But gravel is an option under the
code.
De Weerd: Council, anymore questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Back to the looping of the water system. There are many reasons for the
request to have them do that and connect it to the main. To me it doesn't serve the
necessary purposes to not finish that line, not finish that loop. Granting an easement to
the city doesn't do any good, because it's a developer that needs to pay for putting the
waterline in and an easement doesn't accomplish that. My opinion is that we need to
leave that condition as originally requested, that the waterline be looped.
De Weerd: Okay. Thank you. Okay. Anything else from Council?
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March 17, 2015
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Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Question for staff. Looking at the report there is reference -- because it's just
over a five acre parcel and maybe I -- if I'm reading this right, the -- a proposed pathway
along Five Mile Creek to the east is an amenity that would go when that parcel develops,
but -- then there is a reference that says: Staff recommends another amenity provided by
the applicant with development of the western portion. What is that amenity?
Watters: Madam Mayor, Councilmen, Councilman Borton, I believe it was a picnic table
or something like. I'm looking.
Borton: And the reason I asked that question is whether or not -- to Mr. Yearsley's letter --
making this emergency access serve as a -- were it to be paved as a -- as a potential
amenity in lieu of what might have been proposed. If that was part of the discussion. Or if
it's even eligible.
Watters: It would count as an amenity. The pathway. The application was just not
interested in doing that.
Borton: Okay.
Watters: They did propose -- I'm sorry. I'm trying to find it. They did propose an amenity
to be placed in the first Bellabrook here within the common area to be placed off site
within that area. I'm trying to find what it was they were proposing. I guess they -- the
staff report says that they need to provide one amenity and I think that they said at the
hearing that it was a picnic table? Yes. He's nodding. Thank you.
Borton: Okay.
De Weerd: So, he's suggesting a picnic table on the first phase of this?
Watters: That is correct, Madam Mayor.
De Weerd: That he has no responsibility for.
Watters: That would be a question for the applicant.
De Weerd: Okay. And I would ask, Mr. Thomas, if that's correct. If you will, please, come
up to the podium. So, you just told us that you didn't have anything to do with this other
phase, one of the amenities is going to be placed on that.
Thomas: Madam Mayor, we simply proposed to put the amenity up there, because there
is a paved pathway that leads from the end of the Bellabrook Sub all the way down to the
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March 17, 2015
Page 21 of 65
Five Mile Creek. We thought it was a good place. It's landscaped. There is sprinklers.
It's a pretty desirable place. We could certainly make room for an amenity on the western
portion of this development. It didn't make as much sense to us.
De Weerd: Well, I don't know if the placement of the picnic table is in question, but
certainly the fencing question has been brought up, too, and that is a concern. When
requirements are placed on these developments we -- we do take the word of the
developer that that is going to happen and when we get a neighbor that comes and says it
hasn't and -- and he hasn't been able to get any -- any answers, that's concerning.
Thomas: Madam Mayor, yeah, I understand that. I will point out that the area adjacent to
Mr. Cullip's property is the Five Mile Creek. The irrigation district has an easement there.
I'm not even sure that we can put a fence there, to be perfectly honest, and to answer
previous questions, I guess there is a development agreement in place for this -- for the
old Bellabrook Subdivision, so I assume that's still enforceable. If that was required at that
time it's going to be in that development agreement.
De Weerd: Okay. Council, any -- any additional questions here?
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: In regards to a development agreement, I think he's correct, there is one on the
original Bellabrook, but I think what Mr. Cullip is talking about was when they did the
rezone to add multi-family, you had a lengthy discussion about the amenities related to
the multi-family and that's when the fence issue became part of it and they didn't request
to modify the development. So, it's just in the findings. It's not in the development
agreement itself, because I don't recall that we did a -- we didn't do a new development
agreement or an amended at that time, because that was a new issue, but -- and they had
never requested that change. So, they had just committed to putting it in in relation to that
most recent rezone, which I think was last.
Bird: Yeah.
Watters: Madam Mayor, I just found an amended development agreement --
Nary: Oh, good.
Watters: -- was required in 2013, I believe. It did require compliance with the landscape
plan that was submitted with the application and I'm not sure what the landscape plan
shows. I would have to look at that. But the conditions of approval said that they could
leave the existing fence along the north boundary of the site that was the property of the
adjacent -- I think it's the church's property and that additional fencing should be
constructed around perimeter of the common area to be six foot open vision is what it
said. It did not specify wrought iron, but it was supposed to be fenced all the way.
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March 17, 2015
Page 22 of 65
Nary: Pardon me, Madam Mayor. I'm sorry. But that wasn't in front of this Council. They
weren't here in 2013. This was a subsequent hearing that Mr. Cullip was at, because it
was in front of this Council and the six of them weren't here in 2013. And it wasn't that
long ago. I mean the whole discussion was over the common area -- they wanted to put
in I think a picnic table and the discussion was a tot lot that they said the park was close
enough. The discussion was we have a lot of kids in apartment complexes and multi-
family, so that was the nature of the discussion. That's what Mr. Cullip was here about,
his horses. So, that was in front of this Council, so it would have to be after '13 and I don't
find an amended development agreement subsequent to the one in '13. So, that's the
concern I had is I don't know if it's just in the findings that were granted for the CUP I
believe for the multi-family. So, if the Council wants we would maybe need a week to
clear up exactly what we can do to make sure that it is getting carried out before we
approve the next step.
De Weerd: I think that's reasonable. Okay. Caleb?
Hood: And, Madam Mayor, I think we can do that. I think -- now, Mr. Nary may be getting
the multi-family project confused, because Mr. Cullip was here just this last year testifying
on the R-15 and the amenities and we did table that out for them to work out that tot lot,
because that was a 55 and over, but I think we need to do a little more research, because
this Bellabrook project does have some history dating back to 2006, 2007. I believe that
original plat expired, so when it came back in '12 or '13, as Sonya was reading from those
conditions, I'm not sure that all of the original conditions like fencing followed that new
project through, because, again, that expired, the original Bellabrook that came back in.
So, just so we are all on the same page and have all that research done, but I think that's
probably what happened, so --
De Weerd: Okay. It appears that we do need that clarity, so --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would move we continue these public hearings AZ 15-001 and PP 15-001 to April
7th, 2015.
Milam: Wait. Madam Mayor? Sorry.
De Weerd: You want to give it that long?
Bird: Well, how many people are going to be here?
De Weerd: We will have enough for a quorum.
Bird: I could go the 24th.
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March 17, 2015
Page 23 of 65
De Weerd: So, your motion --
Bird: Changes to -- my motion change to March 24th, 2015. Let's get this straighten out
and make sure that they have lived up to the DA's, modified and everything, and if they
haven't, then, we can work on it at that point.
De Weerd: Do I have a motion to long -- or a second to that long motion?
Zaremba: Second. And comment, if I may, Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: As long as we are studying things, I'd like some further thought put on the
multi-use pathway. When the other piece of this project came to us we did require them
to complete down to what will connect to that pathway, that long narrow strip that has a
pathway in it. Normally we expect the developer to put that pathway in when they are
building and I guess I'm just asking to put some thought that the developer is suggesting
that they not do it now and I thought that our requirement was that they have to do it now.
Watters: Would you like me to clarify?
Zaremba: Add that to the extra thought. Unless you have the answer now.
De Weerd: Well, at this point I just want to continue -- or we have a motion and a second
to continue this.
Zaremba: Yes. But they need to know the reason for us continuing it. They have things
that we are asking them to do.
De Weerd: Right. It's weird having this part of a motion as a discussion, but let's vote on
the motion to continue and, then, we will be clear on what information you want to be
brought back.
Zaremba: That works for me.
De Weerd: So, all those in favor of continuing Items 8-D and E to next Tuesday, the 24th,
say aye. Any opposed? All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Now, in terms of clarity, Sonya, if you want to make comment on the pathway
aspect.
Watters: Thank you, Madam Mayor, Members of the Council, Mr. Zaremba. I did clarify
that issue with Jay Gibbons in the Parks Department and he -- he told me twice in fact.
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March 17, 2015
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We talked about it twice. But he only needed the easement at this point, so that the city
could go in and finish the pathway at some point if it connected to both ends, but he did
not feel that the applicant needed to construct it at this point.
Zaremba: So, Madam Mayor, would that become a requirement if they develop Lot 5? Is
that the big lot that they are not including in this? Lot 5?
Watters: We could certainly make it a requirement. It is part of the plat. So, you could
include that requirement if you would like.
Zaremba: Okay. Later with Lot 5.
Watters: Yes.
Zaremba: Okay. Thank you.
De Weerd: Okay. So, I hope the applicant is clear on what we need back, particularly in
terms of the fencing aspect, that the staff will work on what that requirement was. Any
remaining questions about the pathway aspect and --
Bird: The amenity.
De Weerd: -- the amenity. Anything further?
Bird: I have none.
F. Public Hearing: AZ 14-016 Nesting Swan Ranch by Blossom 1,
LLC Located 4617 and 4620 S. Martinel Lane Request:
Annexation and Zoning of 27.75 Acres of Land with an R-8
Zoning District
G. Public Hearing: PP 14-018 Nesting Swan Ranch by Blossom 1,
LLC Located 4617 and 4620 S. Martinel Lane Request:
Preliminary Plat Approval Consisting of Thirty-One (31) Building
Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land
in a Proposed R-8 Zoning District
De Weerd: Okay. Okay. Items 8-F and G are a public hearing on AZ 14-016 and PP 14-
018. I will open these two public hearings with staff comment.
Watters: Thank you, Madam Mayor, Members of the Council. The next applications
before you are a request for annexation and zoning and a preliminary plat. The
annexation area for this site is shown here on your left on the screen. It consists of 27.75
acres of land. It's currently zoned RUT in Ada County and is located at 4617 and 4620
South Martinel Lane and 3570 East Amity Road. The property -- there is a little history
here. The properties at the southwest corner and northeast corner of the site are existing
Meridian City Council
March 17, 2015
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lots in Martinel Subdivision. The property at the southeast corner of the site received a
conditional use permit in Ada County to operate an assisted living facility. This property is
currently receiving city water service. The applicant is requesting annexation and zoning
of 27.75 acres of land with an R-8 zoning district consistent with that medium density
residential future land use map designation for this site. The property at the southeast
corner of the site will remain an assisted living facility. The property at the southwest
corner of the site is proposed to be subdivided and the property at the northeast corner of
the site will remain a rural residential property until redeveloped in the future. So, as you
can see here on the map on your right, this is the only area of the annexation area that is
proposed to be platted at this time. A conceptual development plan -- an aerial view of
the property that shows the existing homes. A conceptual development plan is proposed
that shows how the rural residential property, which is this one here at the northeast
corner, may redevelop in the future through a separate preliminary plat. This plan has
been revised since the Commission hearing. The new one is here on your right. The
previous plan shown on the left. The revised plan no longer has private streets and the
stub street has shifted further to the west and lots reconfigured accordingly. So, again,
this it the only portion that's proposed to be platted. This is a concept plan on a rural
residential piece. This is the revised concept plan. They have shifted this road here to
the west and it's no longer -- this was a private street back in here. This is all public now.
The proposed preliminary plat consists of 31 single family residential building lots, which
includes the lot for the existing home and seven common lots on 10.37 acres of land in an
R-8 zoning district. The gross density for the subdivision is 2.99 dwelling units per acre,
with an average lot size of 6,926 square feet. This large lot is here for the existing home.
Access is proposed via South Martinel Avenue, a local street via East Amity Road.
Private streets were originally proposed internally for access with a gated entrance off of
Martinel Avenue. However, the applicant did tell me this afternoon that they now intend to
provide these as public streets. Martinel Avenue stubs to the north property boundary for
future extension. Public street frontage is provided to the assisted living facility at the
southeast corner of the site. That's this area here. And a cross-access easement is
required to be provided to the Luke outparcel, which is right here at the southwest corner
of the site for access to the public street here. ACHD is requiring additional right of way to
be dedicated along Eagle Road and the pavement widened along Eagle and Amity
Roads. A 25 foot wide landscaped street buffer is required along Eagle and Amity Roads,
with a five wide detached sidewalk. A minimum of ten percent or 1.03 acres of qualified
open space and one site amenity is required to be provided within the development. A
five foot tall vinyl privacy fence is proposed to be constructed by the developer around the
perimeter of the subdivision. Three pictures of typical sample building elevations for
future homes in this development, as well as the future development to the north were
submitted by the applicant as shown. The Commission did recommend denial on this
application. Actually, both of these applications, the annexation and preliminary plat. At
the hearing Tamara Thompson, the applicant representative and Sandy Sanderson, the
developer, testified in favor. Scott Shaw, Dan Luke, Roger Taylor and Frank Shoemaker
all testified in opposition. Randy Clarno and Bradford Dedman commented on the
application and written testimony was received from Phillip July DeAngeli, Roger and
Theresa Taylor, Luis Uranga on behalf of Frank and Sue Shoemaker and Tamara
Thompson, the applicant's representative. Key issues of discussion by the Commission
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March 17, 2015
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were as follows: Inclusion of the northern portion of the property in order to be contiguous
to annex and develop the southern portion of the site in the city, a leap frog and not
orderly development. The private streets within the development not being wide enough
to allow on-street parking and the financial burden on the homeowners to maintain the
private streets. The location of the stub streets to the north. Overcrowding in the West
Ada School District. The provision of larger lots along the northern boundary of the
development and the transition to larger rural residential property and provision of a
pathway within the common lot along the northern boundary of the site, for pedestrian
access to the future high school to the east. The Commission did recommend denial, as I
stated, of this application based their determination that it was a leap frog development
and not an orderly expansion of the city limits and services. The location of the stub street
to the north and the impact on the schools. Written testimony since the Commission
hearing was received from Randy Clarno. He sent in a letter saying he is in support of the
revised concept plan. He was representing the -- I believe the property owners to the
north up here. Outstanding issues for the Council. Because the concept plan has
changed significantly since the Commission hearing, staff recommends the Council either
remand the applications back to the Commission for a recommendation on their revised
plan or Council deems the revised plan is acceptable. The applications were for a couple
of weeks in order for staff to prepare a revised staff report based on the revised plan.
Staff will stand for any questions Mayor and Council may have.
De Weerd: Thank you, Sonya. Council, any questions at this point? Is the applicant
here? Good evening. If you will, please, state your name and address for the record.
Thompson: Good evening, Madam Mayor, Members of the Council. My name is Tamara
Thompson, I'm with The Land Group, 462 East Shore Drive in Eagle, Idaho.
De Weerd: Thank you.
Thompson: With me tonight I have Gary Allen with Givens Pursley and Jason Dunsmer,
also with The Land Group. Since the Planning and Zoning hearing many of the issues
have been resolved. Sonya has done such a great job of going through the staff report I
won't -- won't reiterate everything, but I will touch on a couple key points. The new
concept plan was submitted as a result of coordination with the neighbor to the north.
That developer is Mr. Clarno. He submitted a letter -- or an e-mail in support of the
revised plan with the new stub street location and he's also supportive of the landscape
buffer that we are providing in -- for the transition to the -- to the lots to the north. Mr.
Clarno is also here tonight should you wish to hear from him. The overcrowding of the
West Ada School District was another item that came up. The good news is is that the
school bond passed last week, so that issue -- or that bond should help alleviate those
overcrowding problems. The proposal to develop the portion closer to the entrance is
consistent with all residential subdivisions. We have one access point to this property and
it's from Amity and the phase one that we are proposing is adjacent to our -- our single
access point. We have an emergency access point onto Eagle Road, but as far as just
the main access point, which is standard for subdivisions -- for any development, actually,
that is developed out the main entrance point and, then, the lots closest to that and, then,
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March 17, 2015
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as you move back with phases, then, those are additional phases. This one was not
submitted -- the northern portion wasn't submitted at the same time, because there was a
lot of moving parts on that north piece. We had the stub street in one location at one time
and when we had our neighborhood meeting the -- the neighbors to the north asked us to
move it, we moved it, and that's the result of the original application. And, then, the
properties to the north went under contract with the developer and he wanted it moved
someplace else and so we have been kind of going through a bunch of different
reiterations and since we knew the southern portion was fairly locked in and we controlled
what we had there, then, we went forward with that as our first phase and -- but you will
see a preliminary plat for that portion, it's just not submitted with -- right now. The private
versus public streets were something that came up in the public hearing and we believe
the private streets are important for the livability and the vision, the feel of what this
developer is -- is looking for to create with this subdivision. A private gated community
offers a greater sense of privacy and security. It gives the neighbors a little sense of their
own little community. But we understand that if the city doesn't feel that that is
appropriate, we are fine either way. If you -- if you would like us to go to public streets, we
will go that way. That's fine. We don't want that to be a reason for denial, but it's not the
vision and the feel that this developer is looking for for this subdivision. With respect to
the staff report, we have read the staff report and agree with the conditions of approval,
with a couple of modifications. Section -- or specific conditions 1.1.2F and 1.1.3G are
both dealing with the same access to a pedestrian connectivity to Eagle Road and we will
provide connectivity to Eagle Road for pedestrians, but we respectfully request that
instead of at the south side of Lot 29 that we provide that with the emergency access,
which would be to the north portion of Lot 22 -- I'm sorry, the west of Lot 22 around where
the emergency access is.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: Tamara, can you mark that?
Thompson: Yeah. If I can get this to work. I can never work this. Okay. So right here in
lieu of down here. The bottom one is where staff would -- had put it in the staff report and
we are requesting for that to go up to the north. So, the connectivity will still be there and
the staff report states that the connectivity to the north from this location be at that
emergency access, so it would put all the pedestrians in that one area and not take away
from the -- the parcel there at that south side.
Borton: Okay.
Thompson: Let's see where I'm at? Okay. So -- and, then, the pedestrian path to the
school district on that landscape buffer at the north on the parcel that is not before you for
the preliminary plat pedestrian connectivity will be provided there to the school parcel,
which is immediately to the, what, east of this site. I believe it's a new high school. So,
lastly, we respectfully request your approval tonight with the proposed condition
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March 17, 2015
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modification. The proposed project complies with the UDC and the Comprehensive Plan.
The project does not need to go back to Planning and Zoning or be continued. The
property -- or the concept plan only changed for the north parcel. That is a concept plan
that will be attached to the development agreement, but it will still have to come back for a
preliminary plat and it will have the same number of lots. The traffic doesn't change. So,
substantially it's not considerably different. So, we are asking for your approval tonight
and not continue the project. And I think Gary would like to say a few words, so thank you
very much.
De Weerd: Thank you. Good evening. If you will state your name and address for the
record.
Allen: Thank you, Madam Mayor, Members of the Council. My name is Gary Allen. My
address is 601 West Bannock in Boise with the Givens Pursley law firm.
De Weerd: Thank you.
Allen: Representing the developer. Do we have an Elmo? Is that in --
De Weerd: An Elmo? Uh-huh. Caleb.
Allen: All right. Terrific. Oh, good. Okay. That's pretty good. Okay. Thank you for your
patience. What I'd like to do is just touch a little bit on some of the reasons that the
Planning and Zoning Commission gave for denial of the application. Tamara's done a
good job of talking about these, but I want to add a little bit of gloss. And where I'd like to
start is I want to get on my soap box about private streets and a gated development. So,
this picture that you have in front of you is -- was taken -- this is near -- many of you know
my partner Ed Miller. So, he lives on the island in Riverrun in Boise and that's a 35 unit
gated development with private streets and so what you see here is one of the streets on
the island and it's 23 feet wide and so you can see, you know, what that looks like in this
context and, you know, without any prompting Ed always raves about the streets in this
development, that when you have a street that's narrow like this, people slow down, you
can be -- you know, there is no sidewalks here, so people walk to the street. The cars
adjust to that. They actually will stop and, you know, people will have a conversation with
somebody driving by and it creates a whole different flavor in a neighborhood to have a --
to have a street like this. And so -- you know. And they are like this all the way through
the development. These are 23 foot streets. So, they are just a little bit narrower than
what you're considering this evening and -- and we have a strong testimonial for them.
Well, one of the things that you have -- you wonder about with streets like this is what
happens if there was a fire, you know, that's -- and, in fact, there was a fire on the island a
couple years ago and so Ed gave me some pictures of how the fire trucks handled that
kind of situation and so here they are. You can see that there is room for people to get
by, not that a lot of people are just going to drive by when there is a fire in the middle of
the neighborhood, but they are able to manage that quite well. Just a few more pictures
showing all of that. They have the fire hose running right down the middle of the street.
Another picture of the fire trucks parked along the side of the street. Clearly room for folks
Meridian City Council
March 17, 2015
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to get by, not creating any problems for anybody and one more to finish on how some of
the trucks, you know, were able to get in there and take care of that fire situation without
disrupting anything in that neighborhood. So, you know, the developer has given you the
choice tonight about whether to approve private streets and a gated community and I
guess what I would urge is take a hard look at this, because this neighborhood will have a
completely different feel with public -- private streets, as opposed to public streets. With
public streets, wider curb, gutter, all of that, it's just another subdivision. With private
streets it can be something special. So, I would urge you to support that
recommendation.
The other things that the Planning and Zoning Commission talked about -- the first one
was leap frog development and I think Tamara did a good job talking about this. In no
way is this a leap frog development. It's in a logical place for further expansion of the
city's boundaries. It doesn't define the southern or the eastern boundary of the city. The
only thing unusual about it is that there is no preliminary plat proposed on the northern
parcel here and Tamara explained that's a logical thing to do in this location, because, you
know, you -- you're building from the entrance of the development back through to the
back parcel and, yes, you could do a preliminary plat on that northern parcel at this point,
but, you know, based on what kind of windage you give your -- your potential for
absorption in here, you know, that plat could expire and we would be right back in front of
you and even if you did plat it, it doesn't guarantee that any development is going to occur
there. You know, that the market is going to drive the development through these parcels
and so -- and it really shouldn't be a criterion for whether you approve or deny the
development when it appears very logical that -- and, you know, as a concept plan and all
of that to -- to move forward at the appropriate time. The schools issue, we talked about
that a bit. I want to add the point that if this was a gated community it's likely to have a lot
of more seniors and fewer school kids, so it will have less impact on the schools and,
then, finally, as has been discussed, the stub street has been resolved with the neighbor
to the north. So, we think that, really, all of the reasons that the P&Z has been concerned
about, either really are -- are not valid or they have been addressed. So, we would urge
your approval this evening. We think this is a good development that will be a nice
addition to the City of Meridian. We would be happy to take any questions.
De Weerd: Thank you, Gary. Council, any questions?
Bird: I have none.
Allen: Thank you.
De Weerd: Thank you. Now, I did have a number of people that did sign. When I read
your name if you would like to provide testimony at that time I would invite you forward.
Dan Luke signed up against. Good evening. Thank you for joining us. If you will, please
state your name and address for the record.
Luke: My name is Dan Luke. I live at 3290 East Amity, Meridian. Does everybody know
where I live? I live -- I used to be on the corner of Eagle and Amity, now I live on the
roundabout. I own an acre and a half right there. Can you guys see that?
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March 17, 2015
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De Weerd: Are you on the northeast, southeast --
Luke: On the south side -- well, I'm on the northeast corner.
De Weerd: Northeast corner. Okay.
Luke: In fact, they are wanting to build right around me. See where -- see what's going
on there? So, one answer is no. These people -- they shouldn't even be in here doing
what they are doing. I'm going to tell you what happened -- if it don't matter it don't matter,
but I'm going to tell you what happened. Before they even put the stubs in in here me and
Allens, which is -- they own that property around me -- or they used to own it. That eight,
ten acres around me right there, well, when they put the roundabout in we put our
properties together to try to sell the whole thing together. Well, these guys schneezed out
on me, schneezed out on Mitchell Investments and bought the property -- and bought the
property around me and they don't want no part of my property. The reason why is
because -- there is going to be five lanes on each side of me with a double roundabout
right there. They have already raised the -- the road up where you can't put a fence, you
know, for blockage and the road's too high. They got me in a hole right there. And these
people come up here, I don't know, a month ago or two months ago, whenever it was,
some guy named Sanderson. He offered me half of what my property is worth. You don't
think that's a bunch of crap. So, what they are doing is they are putting -- they are using
my property as a barrier against that roundabout so the people don't have to deal with
that. Do you see what I'm saying? I know this is land use for houses and stuff, but I think
this map needs to be changed. Now, that -- another thing I want to say is that if you look
-- have you seen Roger Taylor's house? He lives on Eagle just down the road from me
and if you look at these houses, what they are putting in here, there is no comparison
about his house on these other ones. These houses they are putting in they look like
Hubble homes compared to his house. He's get a custom built house on ten acres, the
same thing with Allens. Allens that sold their property, they got this huge house and this
garage that would probably fit three of these houses and they are going to group all these
houses in between our places. They are leap frogging and that's not right. If they are
going to -- if they are going to develop something, develop the whole thing. You know, I'm
not -- I'm just asking what my investor told me what my property is worth. That's all I'm
trying to get out of it. You try to find something -- an acre someplace and it's going to cost
you over 200,000. This guy here only offered me 70 grand for mine. I'm just trying to tell
you who you're up against. I don't think -- nobody -- none of the neighbors like it. You
know, my house when they build -- when they get that five lane in is too close to the road
and nobody is going to buy my house. It's an old Montgomery Ward's house. It's an old
farmhouse. That's why I put it up for sale. You know, these people -- these people don't
care about the people around there that have been living there for a long time. So, I just
want you to understand what -- what's gone on and, you know, everything sounds great
and, you know, to these people, but the people that's been there for a long time to me it's
-- they are just -- I just don't think it's fair.
De Weerd: Thank you, Mr. Luke.
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March 17, 2015
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Luke: Thank you.
De Weerd: Appreciate it. Jo Luke also signed up against. Good evening. If you will,
please, state your name and address for the record.
J.Luke: Jo Luke. 3290 East Amity, Meridian.
De Weerd: Thank you.
J.Luke: I just want to say this is a -- our corner there -- I didn't get to see what that little
blue mark was that she -- the lady put on the map when she was drawing. The developer.
De Weerd: Okay.
J.Luke: I -- what's the bottom -- this part here? What is that little bottom part?
De Weerd: I think it was a mistake.
J.Luke: Oh, was it? Okay. Because I didn't get to hear that. Anyway, just want to say
this house has been family owned since '48 and it's just a shame that all that is being
proposed to be built behind us. That's all I want to say. Thank you.
De Weerd: Thank you, Jo. Roger Tyler -- Taylor. Signed up against. Good evening. If
you will, please, state your name and address for the record.
Taylor: Roger Taylor. 4606 South Eagle Road in Meridian.
De Weerd: Thank you.
Taylor: 83642. I got a couple of questions. Since they have changed this -- of course,
we don't know what this back is going to be, but you can see here all the open spaces
there and now with the new they have moved the open spaces over here, instead of along
here and I have a little concern about that. And, then, my -- and another question is when
they say the average lot size, do they include that two and a third acre lot that's in there?
De Weerd: I can't answer that. We will ask the applicant.
Taylor: Well, that makes these lots awful, awful small. Density is a real problem. Over --
let's see. How can we go up north? North and east. Okay. Right here -- this land here is
all going to be developed. We had a neighborhood meeting the other day and it's all
going R-4, which would be nice if we kept everything here -- this one is R-4, so it would be
nice to keep the same concept all the way through. Now, they are talking about a fence --
about five feet. That's really not a privacy fence. It should be at least six feet to have any
type of privacy whatsoever. Because my place is here. So, privacy around it would be
Meridian City Council
March 17, 2015
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nice, but density is my real concern. And the fence, of course. That's big, too. That's all I
have.
De Weerd: Okay. Thank you so much. Frank Shoemaker signed up against. Good
evening. If you will, please, state your name and address for the record.
Shoemaker: Good evening, Madam Mayor, City Council Members. My name is Frank
Shoemaker and I live at 3497 Zaldia Lane, which on this map is right there. I have some
comments, but, first of all, my neighbor Mr. De Angeli, who lives at this portion right here,
could not be here tonight, so I may run over the three minute time frame. I'd like to
address some of the issues he had, too, if that's possible. So, I will be as quick as I can.
First of all, I approve the Nesting Swan Subdivision as proposed and I must say this was
prior to this new phase, we -- no one ever saw the new phase or new plan. Approving
phase one will dictate the configuration of phase two, which is my primary concern,
because that abuts the south end of my property. The Nesting Swan project was heard
by the Planning and Zoning Commission on February 5th with a recommendation of
denial. The elevations or the small lots and poor location of stub road accessing the
Shoemaker property in phase two. That stub would have been relocated as identified
tonight approximately 350 feet to the west or thereabouts. I agree with the findings of
Planning and Zoning and would like to provide some additional facts. The Kingsbridge
Subdivision, which is located this area in here was -- initially had some very small lots. At
that point in time -- let's see. At that point in time that was the R-8 zoning, as is this right
here and those lots backed up to Zaldia Lane. The perimeter lots in phase two of the
Nesting Swan Subdivision south of the Shoemaker and De Angeli properties, are similar
in size as to what was denied in the Kingsbridge approval process. The concerns for the
neighborhood is also in reference to the one level houses and the need for landscaping
bermed areas. The lot design for Kingsbridge was modified and changed to the larger lots
being at least -- and I looked at it this afternoon. There is 15,400 square feet are the
approximate size of those lots backing up to Zaldia Lane from the Kingsbridge
Subdivision. A berm and landscape and a six foot fence is required. These changes
resulted in a good transition zone. The Napoli Subdivision located -- let's see. Right --
right here. The Napoli Subdivision was approved in 2006. There is five lots that back up
to the -- to the west portion of the De Angeli's property. These lots are approximately
12,200 square feet in size. There are also I believe three one level houses, a house with
a bonus room and the other is a two level. In the Kingsbridge Subdivision, as mentioned
previously, over there, we have got a one story -- we have an existing house here, we
have a one story here, one story, one story, one story. And a buffer zone and good
landscaping. A very good transition. And what the City Council denied at that time to the
properties. So, the De Angeli property and the Shoemaker property, as mentioned earlier,
are in the transition stages. The developer being the same as the Kingsbridge
Subdivision. The lot sizes dividing the Shoemaker and De Angeli property -- this right in
here -- is approximately -- there is about four lots that are 80 feet by 145 feet deep. So,
almost 11,000 square feet. They are also -- since along the perimeter the lots would be
identified as one story houses only. The reason for that is we'd like to have some rear
yard privacy. We don't need a big humungous two story looking down on the privacy of
the one level backyard. So, by having the one levels on the Shoemaker and De Angeli
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March 17, 2015
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property as would be identified in the covenants, then, I think it's only fair that those lots in
the south side -- or the north side of the Nesting Swan Subdivision also be one level
houses, because those lots are going to become attractive, knowing they are not going to
have a two story looking down on them and the lot size would need to be larger. In a
good transition area that we already have out there. So, I would like to say that the lots in
the Nesting Swan Subdivision continue the transition as we see now, large lots, one level
configuration, and provide a buffer zone adjacent to the subdivision and a five foot fence
and a buffer zone of a berm of landscaping and six foot fence on top of that. Any
questions?
De Weerd: Thank you. Council, any questions?
Bird: I have none.
De Weerd: Okay. Thank you. Randy Clarno signed up as neutral. Thank you. Okay.
This is the list that have signed up to testify. Is there anyone else who would like to
provide testimony on this application? Okay. I would ask the applicant to come and
respond to many of the -- the items that were brought up and to wrap up their remarks. If
you will just restate your name for the record.
l
Thompson: Madam Mayor, Members of Council, Tamara Thompson again. I will go
through each of the comments that I heard and try to address those as best -- as best I
can. I do know that our client, who is the applicant, did try to buy the Luke's property and
they were apart on price, so what we have done is we have provided access to a private
gated community that hopefully will retain the value, so his access would no longer need
to be on Amity Road, it could come in internal and be part of a -- of a private community
and keep the value that way. The Taylors -- we did have a -- let's see. We -- his main
concern he said was density. We are asking for R-8 for the zoning. The property has a
Comprehensive Plan designation of medium density, which is R-3 to R-8. Our density as
-- as it's currently laid out is 2.99 lots per acre. So, we are under that by just a little bit. If
you remove the existing home, which is larger, our density is 3.79 dwelling units per acre.
So, we are at the lower end of what is allowed there for the medium density residential.
The Shoemakers and De Angelis are -- their properties are under contract right now with
Mr. Clarno and Mr. Clarno met with us and told us that, you know, he was the one doing
the development there, so we did address the access to the north with him and were
negligent is circling back with those two property owners, because their properties were
under contract, so we didn't -- we didn't go talk to them. The -- a couple of the items that
they mentioned and what I would like to point out -- as far as the transition zone, we have
a 30 foot landscape setback between the properties. So, property lines don't touch. Our
rear property line and their rear property line do not touch. We are providing that 30 foot
landscape -- or the 30 foot buffer area, easement area, as our transition zone and Mr.
Clarno has stated in writing to staff that he is agreeable with that transition for -- for the
development that he is proposing. And I think that was it, unless you can remind me of
something else, so -- unless you have other questions.
Milam: Madam Mayor?
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De Weerd: Mrs. Milam.
Milam: There was also a question about the fencing, why it's five feet instead of six feet.
De Weerd: Our ordinance is five feet.
Milam: It's five feet.
De Weerd: Yes.
Milam: Then that answers that question.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: What is -- Tamara, what's the width of your lots -- average width? They look awful
small to get 2.39 lots per acre.
Thompson: Madam Mayor, Councilman Bird, let me just grab this here. So, on our
current -- so, the -- what I have dimensions for are -- is on the preliminary plat, so the
southern portion.
Bird: Forty-five is 60 feet?
Thompson: So, the majority of the lots are in the 58 to 60, 65 foot range on width.
Bird: Okay.
Thompson: And in this zone I believe --
Bird: And what about square footage? What is -- what's the average square footage?
Thompson: The average I'm not sure, but it ranges -- typically they are in the 63 -- 62
hundred to 63 hundred square feet per lot.
Bird: Thank you.
De Weerd: Okay. Any other questions from Council?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
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Rountree: I have got a question for Mr. Nary with respect to gated communities. Get
back --
Allen: Oh, Mr. Nary.
Rountree: Mr. Nary, not Mr. Gary.
De Weerd: Sad news for Gary. He wanted to say something, too.
Rountree: That's all right, Gary. I appreciate you responding. Bill, question on the gated
communities. We have several of those in our community. What are the requirements? I
thought there was -- I know for senior gated you have to have a community center and
that sort of thing. Are there for just the general population any requirements?
Nary: I apologize, Council Member Rountree, Madam Mayor, Members of the Council,
because I know with the UDC I think we left a similar requirement, so I don't recall any
change we made when we put the UDC in from the old ones and I haven't had a chance --
I haven't looked at that recently to tell you off the top of my head if there is a specific
requirement about amenities or some type of community center or something like that.
Rountree: Sonya can help me and, then, if that's the case, then, I will rely on another
lawyer.
Watters: Madam Mayor, Councilmen, Councilman Rountree, gated developments are
allowed. There are no specific provisions in them for amenities.
Rountree: As far as private roads, are there provisions that we still need sidewalks or
curbs or gutters or drainage of some kind?
Watters: Sidewalks are required along only one side of the street.
Rountree: Okay. How about drainage?
Watters: Yeah. It just needs to be retained on site.
Rountree: Okay.
De Weerd: Mr. Gary, do you have anything you would like to add?
Allen: No. Thank you, Mr. Mayor. Sonya did a good job.
De Weerd: Council, any other questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: Just a statement on my part while we got the public hearing going. You know, we
have required everything to the north of that to be an R-4 and the problem I see -- it's
happened to us before -- this comes in with a preliminary plat and, then, it gets sold, but
it's still an R-8 and we start getting different stuff. I can't -- I felt that we need to make it to
Eagle Road -- keep that an R-4 district. I think we got plenty of R-8s and R-15s out in that
area. I think we need -- like we have to the north of this, keep it R-4. That's my opinion.
De Weerd: I guess I would ask staff what kind of percentages do we have with the R-8
versus the R-4? Do you have -- I guess in the comp plan it states between three and
eight, so it's hard to justify -- or quantify that. My -- my concern is -- is kind of what we
have seen across our -- our city is the Swiss cheese and, you know, my concern is
leaving that corner open and -- as well as the retirement center. At some point when do
you get some of this annexation and cleanup? Council hasn't been in favor of force
annexing and we create a nightmare for our police department by creating pieces and
parts of -- some of it's city, some of it's county and providing services and who are the first
responders and who has the authority to make the decisions some -- somewhat get
clouded and complicated. So, another thing that Council has -- has asked is when we are
annexing that the preliminary plat accompanies that application and in this case we -- we
just have half with a preliminary plat and the other half with -- with -- with one that is on its
way, but isn't quite accepted yet and I guess to accept any reference to the property to the
north when we -- we haven't had an approval and we haven't had it in front of us is hard to
-- to say what it is and what it isn't. So, I guess those are some of the things that are
unclear and certainly has some concern.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: Sonya, what are you showing us?
Watters: I'm showing you -- Madam Mayor, Councilman Rountree, Councilmen, I'm
showing you our future land use map that's in our Comprehensive Plan. This is the
property here just reference on how this area is designated for future land uses. So, the
yellow is medium density residential, which is three to eight dwelling units per acre and
the light green is fewer than three units per acre.
De Weerd: Uh-huh. Tamara.
Thompson: Madam Mayor, Councilman Bird, we looked at the -- the dimensional
standards and we could live with the R-8. We are under -- under eight -- or, I'm sorry, the
R-4. We are under four per acre currently. The kicker on that is the -- is the dimensional
standards. So, if we could -- if we could zone to R-4, but get a waiver for the dimensional
standards for an R-8, we are agreeable with that.
Bird: Okay. Thank you, Tamara.
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Hood: Madam Mayor, can I just comment on that offer there? I'd rather see -- if you're
going to approve this project I'd rather see the lots that are on that private street zoned
R-8, because that's what they are and the two point whatever home that's there, zone that
R-4. It really is difficult to zone something to something, but, then, you have -- have to
follow other rules, that's going to get lost over time and that two point whatever acre home
that's staying is going to redevelop someday and you really are going to end up with five,
six, seven dwelling units per acre overall on this property. So, if that's what you want to
do, that's fine, but let's not zone it something and say -- and call it something else. I mean
zone it what it is. It should match the dimensional standards. That's what your zoning is.
De Weerd: Sonya, do you have a map of what has been annexed in that area?
Hood: Why, yes, I do, Madam Mayor. Here we are. The area we are talking about are
these parcels right here.
De Weerd: Okay. And there are annexed properties further south of that?
Watters: There are --
De Weerd: South of Amity.
Watters: -- Hill Century Farm and Southern Highlands and Whitebark here. All those you
see.
De Weerd: And what is the density in -- in those two areas?
Watters: Southern Highland was zoned R-4 and R-2. I do not know what the density is
off the top of my head. Hills Century Farm is zoned R-8 and I believe they were at the
lower end of the R-8.
De Weerd: Council, any additional information that you need?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I'm not certain if -- if the perspective has changed over the time, but your remarks
regarding preliminary plats coming in with annexations, maybe even more so in some of
the challenging areas like this one seems to make sense. I know it had before been that
practice to do that. The fact that this has, you know, a concept plan that's changed
considerably, perhaps for the better, but after Planning and Zoning's recommendation,
those issues are of concern. On the other side, I do -- I agree with -- with Gary with
regards to private streets. I do think those might provide a different atmosphere within a
community. But this one is -- this is a tough one.
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De Weerd: Well, I haven't been shy that I like gated communities and private streets. I
know our fire department is not as excited about it, but we saw good pictures that showed
that you can put fire engines on those streets. Sonya, has the application for that -- that
second piece of land been filed?
Watters: A preliminary plat, Madam Mayor?
De Weerd: A preliminary plat.
Watters: No, it has not.
De Weerd: Okay. The change was in a conceptual plan; correct?
Watters: That's correct.
De Weerd: Changed from Planning and Zoning to the City Council meeting.
Watters: Yes.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: My thoughts on this -- I think that the plat that we have before us, aside from
the conceptual piece, I don't have any issue with, other than the large lot that ultimately
could be redeveloped to bring forth a number of other folks in the future when that
becomes apartments. So, I have a problem annexing it or -- or approving the preliminary
plat in that form with the unknown. Again, I don't have a problem with a private street and
a gated community. I think they work well, as long as you have at least one -- sidewalk on
one side and you have the amenities and I don't have a problem with the density that's
being proposed, other than what's going to happen when that other piece redevelops.
With respect to the concept, we have historically always dealt with buffers between the
transition between R-2, R-3, R-4, R-8, R-15 on a case by case basis and on a preliminary
plat -- plat by a preliminary plat. I -- by no means if I were to go to the affirmative on this
application would that be an implication on my part that I agree with the necessary
transition that is taking place between the lots there, but apparently that's kind of up in the
air. We don't know what's going to come before us at some point in time in the future and
apparently that's in the works, so -- I guess my thoughts on that is that it's conceptual -- if
it comes before us at some point in time in the future we can say, no, we want to --
something like this to accommodate what's going on around it. As far as annexation, I
don't have a problem with the annexation piece. I do not believe it's leap frog. We have
the City of Meridian a quarter of a mile to the south of this property across the -- across
Eagle Road. If you look at it from that point of view this is an in-fill. I think many of the
questions that were brought during Planning and Zoning have been answered, but I do
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believe the concept has changed somewhat. So, I guess if it's the desire of the Council to
send it back for reconsideration to Planning and Zoning, since the denied it in the first
place. Maybe that's an opportunity for them to explore a conceptual aspect -- aspect of
this piece and the -- the question that would arise -- or how do you deal with a question
that arises when that one large parcel redevelops.
Watters: Madam Mayor? May I?
De Weerd: Sonya.
Watters: If Council is in favor an annexing this property and is concerned about the two
large existing residential properties, you may want to recommend continuance or remand
the application and ask the applicant to come back with a concept plan on both of those
properties that we could tie development to through the development agreement, then, we
would have some assurance on what would happen on those parcels when the -- if the
property is given the zoning requested.
De Weerd: Well, I guess the additional concern is is going back to the Luke's property. It
seems odd to say that you would be concerned that you would land lock a piece of
property, but when it's on the corner and they will not have access, you're, essentially,
land locking a piece of property. If that makes any sense. But my concern is you -- you
really limit what can be done on that corner by not considering it as part of this larger
application and by leaving it out you leave a piece that you don't know what that piece is
and, again, a concern of annexing and missing pieces and parts is concerning. So,
maybe if it's remanded back that can be part of what -- what are the possibilities there,
too.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: The only positive thing I can see coming out tonight is remanding it back to Planning
and Zoning with the new set of conceptual, new plat, and getting some of these questions
answered.
De Weerd: Tamara, did you have a comment before --
Thompson: Yes, Madam Mayor. Thank you. Tamara Thompson. I just wanted to clarify
that if there is any confusion on the age of those existing homes, they were built relatively
-- they are relatively new homes. I want to say so '90 to '94ish is where they are. So, they
are not what Mr. Luke was talking about, his was 1948. They are not -- they are not that
time frame. They are relatively new and those two current property owners are retaining
their homes and they don't have any plan to redevelop at this point. So, I just wanted to
clarify that so there wasn't any confusion there on the age of the homes.
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De Weerd: Thank you. And I guess one more thing I would throw in there for
consideration if you were to remand this is -- is the street alignment. I did understand the
concern of Mr. Taylor with the movement of the green space, because that really is his
backyard and I don't have any perspective of where that house is on the property to the
west, but it runs a road clear alongside his -- certainly gives some good buffers to the
existing homes in the annexed areas, but -- I'm just trying to further muddle things. I really
am not trying to. So, what is the will of this Council?
Rountree: Have Keith make his motion.
Bird: We have got to close the public hearing.
Rountree: Yeah.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we close the public hearings on AZ 14-016 and PP 14-018.
Rountree: Second.
De Weerd: I have a motion and a second to close the public hearings on Items 8-F and
G. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Bird: For discussion, Madam Mayor, if I may?
De Weerd: Mr. Bird.
Bird: I have no problem with the annexation right now except zoning and I realize we got
already zoning out there, but not -- I feel that we need to keep R-4 down to Amity on the
east side of Eagle Road, because that's what we got started and way to go. South of that
or over to the west of it were already there with R-8. So, we have made -- we have made
a couple of subdivisions change to R-4 north of this that wanted to come in. And, you
know, their -- their -- while these homes are -- the two properties they are talking about is
basically maybe 20 years old at the most, if I remember, dollars talk and somebody comes
out there and wants to put in apartments or stuff, we are -- we are sitting here, the density
goes up real nice, so I -- some of you other guys jump in here on the -- the preliminary plat
I think has to definitely go back before Planning and Zoning, because what we are seeing
is nothing they have seen, as I understand on the one part, so -- and -- and I didn't see
where anybody objected to the zoning. I don't know if I'm the only one to object to that,
so, you know, why send that back through the mill. But I will let some of you guys weigh
in here.
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Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, Caleb, didn't you say we could split up the zoning?
Hood: Madam Mayor, Council Woman Milam, that would be my preferred if that's what
you'd like to do. I'd rather zone the lots to represent the lot sizes versus zoning them
something they are not. I guess I would just confirm with Mr. Nary he's okay. This was
noticed for something more intense and what you would be doing is zoning -- down-
zoning something, if you will, to something less intense. So, if you were to take the -- I
don't know if you're looking at both of the existing larger home sites and zoning both of
those to R-4 and everything else R-8, but, again, I would confirm with Mr. Nary he is okay
with that. Again, this was noticed for something more intense and if your action was
something less intense historically we have been okay with that. We can't go the other
way, can't go to R-15 I don't think, but -- you couldn't go the other way, but I think we can
lessen the intensity and be okay.
Milam: Okay.
Hood: Madam Mayor, if I can just follow up. If that's the direction of Council, though, we
would need new legal descriptions of the properties from the -- from the applicant.
De Weerd: Okay. Any other comments?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: To your earlier comment, what might be helpful in -- in part of the discussion with
Planning and Zoning -- I know that the southwest corner parcel is not part of this project
and it's not controlled by the applicant, can't necessarily be concept planned even, but I
would be curious to see other examples of -- of how that -- you know, in this type of
intersection that type of parcel being left excluded has ever been successfully developed
in the future. I think the pause that you see with what that might be left as, there is
certainly -- just so that's part of the discussion. And the applicant probably has examples
of where that's the concern that we are worried about can be alleviated, but --
Watters: Madam Mayor, Councilman Borton, Councilmen, I can't think of any right off the
top of my head, but I can say that that is -- that property is designated medium density
residential as well and they would have either -- depending on what the Council
determines either public or private street frontage to their property. You could ask the
applicant to prepare a concept plan. It's just a concept, it doesn't affect development of
that property or -- but to show how that could redevelop possibly in the future. And if I
could add a quick note on Councilman Bird's testimony, just for clarification, the
preliminary plat itself, which is -- is just the boundary shown here, has not changed since
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the Commission hearing, except for if the Council wants them to provide public streets,
rather than private. The concept plan is what's changed significantly and that was
associated with the annexation and zoning application. So, if -- if the plat is remanded the
annexation and zoning should go back also. Anyway, just to clarify.
Bird: Thanks, Sonya.
Watters: Yeah.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I will throw this out. I don't want to sit here until midnight. I move that we take AZ
14-016 and PP 14-018 and send it back to Planning and Zoning in light of the new
concept plan and the private streets.
De Weerd: Do I have --
Borton: Second.
De Weerd: Second with discussion?
Borton: Discussion.
De Weerd: Uh-huh.
Borton: I think the remand to include really all of the considerations that -- that we have
raised here and I don't know if we have remarked on the applicant's request to move the
pedestrian access up further north on the western portion of the preliminary plat. I don't
know if we ever gave direction. From my perspective I didn't have heartburn with that
requested change.
Bird: I didn't either.
Watters: I'm sorry, could you clarify that, Councilman Borton?
Borton: It was one of the conditions of concern from the applicant was the location of the
pedestrian --
Watters: The pedestrian pathway?
Borton: Correct.
Watters: Yeah. And the condition actually reads for the pathway to extend to the north,
not necessarily to the west, and the reason for that is because these are proposed as
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private streets and there was no connectivity to this parcel up here. So, staff had
recommended at least a pedestrian connectivity and that was why also staff
recommended a pathway connection down here where my pointer is at to Eagle Road.
So, we had one to Eagle, one to the north, for future interconnectivity. If the Commission
and Council decides to require public streets in here, then, staff will probably recommend
that this actually be stubbed to the public street to this property for future extension and
interconnectivity.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I might have heard it wrong, but the portion where you're indicating the pedestrian
pathway connecting north --
Watters: Right here?
Borton: Yeah.
Watters: Yes.
Borton: My notes were that the applicant would have liked the pedestrian pathway to
Eagle Road to exist at that location as well, rather than the southern portion.
Watters: Correct. Yes. I think they may have thought, though, that my intent was an
access to Eagle rather than to the north. If it's to both then --
Borton: Okay.
Watters: -- that could be okay.
Rountree: I'm good with that.
Borton: Yeah. I didn't want that to be an issue of -- to be addressed at P&Z.
Watters: Right.
De Weerd: So, specifically it's being remanded back because of the change in the
concept plan of the northern piece. Does Council want conversation about the -- the gate
-- gated and private roads or was Council good with that on the southern piece?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
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Bird: I'm very in favor of having the gated community having a private road. I think that's
great. It works great.
De Weerd: The only concern would be is what that does to the Luke's property on the
corner, because, again, it's going to be dictating exactly what they can or cannot do on a
private -- on a private street. So, that would be a conversation we want Planning and
Zoning to contemplate there as well.
Rountree: Access off Eagle Road.
De Weerd: Because -- yeah. They -- they should have access off of Eagle or Amity
because of the distances. Unless I'm wrong. We can ask -- we can ask ACHD if they
would make an exception. I don't think they will. And I don't think we really want to set
that up. Anything further for Council's desire in terms of having our Planning and Zoning
Commission discuss? Okay. I'm sure you kept good notes. I'm sure the applicant and
the -- the citizens have taken good notes, so, anyway, it's been remanded -- it's -- there is
a motion and a second to remand this back to the Planning and Zoning, so I will ask
Madam Clerk to, please, 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 9: Department Reports
A. Mayor's Office: Resolution No. 15-1056: A Resolution for the
Appointment of Robert Waldher to Seat 2 of the Meridian
Transportation Commission
De Weerd: Item 9-A. Council, you have Resolution 15-1056 in front of you. It is a
resolution to appoint Robert Waldher. Sorry. I apologize. I already messed up your
name. To Seat 2 of the Meridian Transportation Commission. He is with us today and I
will say what -- what true commitment has already been shown to sit until 8:30 to -- to
hear his confirmation. I would ask if you have any questions. Okay. I will ask him if he
wants to make comment after your motion and vote.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move we approve Resolution No. 15-1056 appointing Robert Waldher to Seat
2 of the Meridian Transportation Commission.
Bird: Second.
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De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Would you like to make any comment? He waited all this time to not make
comment. But we appreciate your willingness to serve. We look forward to having you
join our transportation commission and we are excited about the background, the ideas
that you have, bringing it to that group, so thank you for your interest in serving our
community.
B. Public Works: Budget Amendment - Trimble GPS Purchase for
the Not-to-Exceed Amount of $23,339.00
De Weerd: Okay. Item 9-B is under our Public Works Department. I will turn it over.
Hoffman: Good evening, Madam Mayor --
De Weerd: Good evening.
Hoffman: -- Members of the Council. Thank you for this opportunity. My name is Matt
Hoffman. I work in the Public Works Department as a GIS technician and I'm coming to
you this evening with a budget amendment to purchase three GPS units to equip our
inspection staff, as well as upgrading the licenses for that field software for asset
management collection.
De Weerd: I'm not sure if you drew the short straw, that you were tagged to get up and
present. Council, do you have any questions for Matt?
Bird: I have none.
Rountree: None.
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: I would only add that my understanding from Mr. Barry is that the department
has six people attempting to do this job, but only three units. Therefore, the request for
three more units -- it's a lot of field work and if they have to share the units they lose a lot
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of time and it's a great inconvenience. So, as liaison I was happy to sign the application
for this.
De Weerd: Thank you.
Zaremba: If we are ready I would make a motion.
De Weerd: I would accept that.
Zaremba: Okay. Madam Mayor, I move that we approve Item 9-B, the budget
amendment for Trimble GPS purchases, which also includes some additional licensing
seats for the not to exceed amount of 23,339 dollars.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, will you call
roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Matt.
Hoffman: Thank you very much.
C. Community Development: Review and Approve City Roadway,
Intersection and Community Program Project Priorities for 2015
De Weerd: Item 9-C under our Community Development Department and I will turn this
over to Caleb.
Hood: Thank you, Madam Mayor, Members of the Council. I heard Councilman Bird say
he really wanted to stay here until midnight, so this is the perfect agenda to talk about this.
No.
Bird: You got to remember, I don't have a real job.
Hood: I got to be back here -- I got to be here at 8:00 in the morning, so we will try to
make this as quick as possible. I will get into some of the details here, but just a quick
high level. The transportation commission didn't make a whole lot of wholesale changes
to the priority list from last year, but let me start from the top. So, ACHD sent us a letter
saying they are getting ready to begin their 20 -- '16 to 2020 integrated five year work plan
and part of that is outreach to other agencies to put together a priority list. So, if we do
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this on an annual basis -- some years it's been a little more of a challenge than others,
but, again, the transportation commission, all things considered, made relatively few
changes from previous years where the transportation task force used to do this and
make a recommendation to you all. I am bringing their recommended priority list for 2015
on roadways, intersections, and community programs to you this evening and I will just
jump right into the priority list. And I'm not planning on going through all these. The
yellow project that you see highlighted -- this is all in the -- in your packet. The yellow
highlighted projects have either moved up or down in priority five or more points. So,
that's what the yellow highlight represents. I just picked five spots, so there are some that
have moved four, I didn't highlight those, but those are, if you will, substantial in my
opinion. Just to kind of orient you a little bit, the -- any of the shorthand are just to see
how these tables layout. The transportation commission recommended draft order is the
first column. So, you can see the order. If you just accept their recommendation that's
how it will be. This is your priority rank from last year. So, again, anything that's in yellow
moved up or down more than five position points from last year. I would try to -- I would
go through and explain some of their rationale -- at least what I heard and some of the
bigger changes they made, some of these ones I won't address unless you ask me.
There are a couple of new projects and that's the -- I tried to bold it. It kind of got lost
there a little bit, but the Victory, Locust Grove to Eagle, project we didn't have it ranked
last year. That's a new project in red lines. The 80 -- excuse me -- 93 projects on ACHD's
prioritization spreadsheet. So, this column shows you how any given project ranks at
ACHD and, then, the name of the segment we are talking about or intersection here in a
minute. CN, the construction year. These are in millions of dollars. CIP capital
improvements plan. So, that's the 20 year plan at ACHD. UF is unfunded. I don't know
that I have too many shorthands, other than the level or service. So, F is the worst and A
or C are real good. E you're starting to push towards F, but D is acceptable. So, think of
it somewhat as a report card for how those intersections function as a -- as a high level
refresher. So, just a couple of the notes that I had from the transportation commission,
again, focusing on some of why they -- they made some changes and this was kind of a
little bit of back and forth. Last year they recommended to you that this segment of
Meridian Road be somewhere in the top ten. You all recommended moving it down and
they said, you know what, we think we had it right, so they moved it back to where -- this
is, essentially, what they had it last year. Some of that is the bottleneck that they are
seeing north of Cherry on Meridian Road and so this is the -- where Meridian turns into a
three lane facility. With this corridor now being open that's where we moved the
bottleneck to -- between there and Ustick. So, their experience was, yeah, this is a top
ten worthy project there. I gave them a little bit -- although I tried not to put too many
words in your all mouths from what happened. They were kind of curious. So, I had
written some of our projects down and I remembered some of that from last year, but I
didn't remember the entire discussion. The project 11, Ten Mile, Victory to Overland, I
didn't mention, you know, the city wide surveys that had been done and folks -- a lot of
residents, business owners in south Meridian saying, hey, we need some more attention.
In south Meridian -- you're focusing a lot of your projects north of the freeway. We have
needs down here, too, and we said, you know what, we hear that, too. And so they
moved this project up a little bit more. Ten Mile, Victory to Overland. We had some
transportation commissioners that drive that on a regular basis say, yeah, I can attest to
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this, there is a need here in this area and, again, 12 was new. So, I will just go -- scroll to
the bottom real quick and mention that our number one project from last year is under
construction now and most of you have probably driven out there and seen the
construction, so that one comes off of the list as per usual. If it's under construction it
doesn't need to be on our list anymore, because it's not -- just because it's being taken off
our list doesn't mean ACHD is going to slam on the brakes and not do the project,
because it's not on our priority list anymore. So, we understand that. The other project
that's in that same time frame as the McMillan, Locust Grove to Eagle, which about half of
that is in Meridian. So, those two projects come off. With that I -- that's the roadway
priorities as recommended by the transportation commission and I think I will pause for
any comments. You can kind of take these one at a time probably will help the discussion
go along. So, with that, that's my presentation on the roadways. Oh. I'm sorry. I will
make maybe just recommend -- or refresh -- not just because it's getting late in the
evening, but if -- I will take comments on any projects, but we probably don't need to worry
too much about our number 29 and 31 and swapping those around too much. Really
ACHD only cares about our top ten, 12, 15, 20 projects. So, if we are talking about in this
neighborhood, that's great. Again, if you see something down there at the bottom and
you're like, okay, we need to move this in the middle of the pack, we can do that, but it
really is our top 20 that we really need to -- to work on, so -- again, I will take any
comments, but the ones that matter are going to be in your -- your top ten.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Caleb, I can agree with the commission one hundred percent. I mean, sure, there is
other -- there is certain ones you'd like to see get moved up, but the way they have got
them ranked I think -- I think it's very good and, you know, I have no problem with it at all.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: Caleb, I -- the one thing that stands out to me is Ustick Road, that they are doing
Locust Grove to Meridian, wouldn't it be better to do it all at the same time? If they are
going to continue that on to Linder, just to do that as one project or --
Hood: Madam Mayor, Council Woman Milam, certainly they could and you know -- and
they are, really. These are sort of bonus points. ACHD has a prioritization. They'd like to
know what our priorities are -- you know, the next mile of Ustick, Linder to Meridian, is in
the top ten. If you want to bump it up to a higher number even that would be okay, but
that is how ACHD is designing and planning for that to make it as seamless -- if you look
even in the -- what is that, the fifth column, they have the same construction year. So, CN
2018-2019. So, they are tracking together. If you want to make that more -- yep, these
are our top two projects, that's fine, but just so you know at ACHD they are programming it
that way.
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Milam: Thank you.
Rountree: Caleb?
Hood: Uh-huh.
Rountree: Madam Mayor?
De Weerd: Uh-huh.
Rountree: I think it's past time that we will let the Linder overpass go. I think we need to
put some emphasis on that. I don't know if the city and ACHD are going to have to
partner like we did for Locust Grove, but that needs to be -- that needs to finish our
system. That's a major roadblock and puts a lot of traffic out of direction and particularly
as that area to the south develops. So, I think let's put some emphasis on it, as opposed
to having it linger down there in the -- in the low teens and 20s. To me we want
something done and maybe we need to start some dialogue with district three. I know
what they are going to tell you, but --
Hood: And, Madam Mayor, Councilman Rountree, I don't know if you're quite down there.
That was actually a project that the transportation commission discussed as well. As you
will see in some of these other lists, anything on the state facility, though, they said these
lists are going to ACHD, we are not trying to prove a point to ACHD it's a priority, but if we
are talking about partnership and asking ACHD to get in the game, along with us and the
state, and do a project like Linder Road, I think we can move it up. But --
Rountree: That helps our system a lot more than it helps the state system, but it is --
would be a state facility, so --
Hood: And I think they recognize that as well. I just don't know at this point that they are
going to be -- the paradigm is going to shift, because we move this up even in the top ten.
It's just -- it's not going to score well. But as a dialogue I hear you. I can have that
dialogue and start that with ACHD. In fact, we are already talking about that.
Rountree: Okay.
Hood: Again, that was something the transportation commission talked about. This 12.1
million dollars, is that just ACHD's portion, because that's going to be probably more than
to do the full structure -- the overpass there, but --
Rountree: It just gets more every year.
Hood: Yeah. So, we can -- we certainly can move it up and I do think it's time. I just -- as
an aside quickly, I get more phone calls probably on when is Linder Road -- when are we
getting -- the Locust Grove overpass at Linder Road than I do probably on any other topic.
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De Weerd: Any other comments from our Council Members?
Zaremba: Madam Mayor?
De Weerd: When is -- when is this due, Caleb?
Hood: Good question, Madam Mayor. They would like our priorities by April 15.
De Weerd: Okay. So, you can -- you can ponder this and we can put it back on and give
you a little bit more time to -- to see how we want to prioritize these -- or accept the
transportation commission's recommendations.
Zaremba: Thank you, Madam Mayor. This is kind of a sideways comment, but it just
occurred to me while looking at it, the draft rank priority I think was 33 or 34. Can you
scan down -- 33. Seeing the East 3rd Street connection there reminded me -- it's nice to
see that Cole Christian is going to develop that property on a temporary basis as a field,
but it occurred to me the other day as I'm driving north on East 3rd we do have it in
Meridian's plan and ACHD plans sometime to connect East 3rd across there, since there
has been nothing on that property for a long time it isn't a concern, but I would ask now
that Cole Christian is planning on using that property, if we could get a sign on Carlton at
the north end of East 3rd that says this street to be developed -- the typical sign says
something like this: This street to be continued or extended I believe is the word. This
street to be extended in the future. I think that should go on Carlson where 3rd Street
dead ends, just so that isn't lost in the process at some point. That's a request to ACHD.
Hood: Madam Mayor, that's what I was just going to say. Councilman Zaremba, I can
ask Justin and others at ACHD if they would be willing to put that out. If I can, since you
brought that up, and I talked to a couple of council members, if you haven't -- Cole Valley
has purchased that property across 2 1/2 Street. They are improving it for a field. They
are going to have JV games and some auxiliary fields, science classes, whatnot that --
that can go on there. The Planning and Zoning Commission did approve that last year.
They are fully aware that 3rd Street some day will be extended through this property and
bisected, but we thought, you know, it's not being utilized very well now, had a buyer and
it got their wheels spinning I think about a master campus plan for their property. So,
when the road goes through what do they do with their parking and expansion and things
like that. So, just wanted to let everyone know that, yes, that was part of the dialogue
when we talked with them and to Planning and Zoning Commission. We didn't want any
structures to be put there, because, again, some day there will be a road in that -- in that
location. But I can ask ACHD if that's something we can do -- probably on both ends -- I
don't know if there is one there now or not, but I will inquire and see if they wouldn't mind
putting up those signs.
Zaremba: Thank you. Appreciate that.
De Weerd: Okay. If there is nothing further, we can move on.
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Hood: So, intersections. Oh. Probably about the same -- excuse me -- amount of
dialogue and, again, a similar tone, similar projects. Chinden always trumps the -- last
year they had kind of down in this realm eight, nine, ten, 11 -- and, again, I think the
Council moved them up to the three, four, five area and they kind of moved them back.
So, I said, you know what, don't -- you're not -- don't worry about hurting the Council's
feelings. All right? You -- what you think the priorities are, tell them. Don't worry about,
oh, you know, are we okay with -- yeah. Do it. You know, it's a recommendation. If you
feel that this is a recommendation you want to make, that's fine. And, again, the Fairview,
Locust Grove, is one, too, that was relatively high on their last year. I believe that was
one Councilman Rountree moved back down and they said, you know, I drive this, it's not
very nice, there is a safety concern, they moved it back up. So -- and I should have
pointed that out, Madam Mayor, I'm sorry, Councilman Zaremba was also at that
transportation commission meeting, so if I'm leaving anything of the summary out that he
thinks was important, but -- that was kind of the tone and the flavor or the discussion for
intersections. So, let that -- there is their recommended list.
De Weerd: Thank you. Council, any comments?
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On the Chinden projects, they have still got Chinden-Ten Mile and that's
probably not going change. Is that going to go away?
Hood: Madam Mayor, Councilman Rountree, it was -- it's not done to its ultimate. So,
yes, there were improvements put in with that ACHD worked with -- with Walmart on
getting done. You can see it's last in the string and they actually moved, Chinden/Locust
Grove ahead in that -- in that series. So, before this one was actually down at the bottom
and they moved Chinden/Locust Grove ahead of the rest of the Chinden intersections.
But that isn't its ultimate configuration, so -- and, again, anything outside of the top ten you
don't get any points, but they like the idea of kind of keeping all of those state facility --
Chinden intersections together. So, where ever they can keep them together.
Rountree: And I would move Chinden/Meridian to the highest on that list at this point,
because it's got direct access to the interstate, that's why people are going --
Hood: I would just also point out the 999 is not a typo, it's on ACHD's list. Obviously,
that's higher than 93, but, again, anything on a state facility doesn't score real well with
ACHD, but they are tracking it. It's on their list, but it -- the cost benefit isn't there for them.
And, again, they recognize the network benefit from improving those, but the state has
kind of pulled back on their partnership levels on those intersections and -- we are not the
only ones helping the state to find some money to --
Rountree: Help me understand the safety concerns at Fairview and Locust Grove.
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Hood: So, this is something new I have added and I'm sorry I didn't explain that at the
beginning. Any project -- so, let me zoom down here -- I'm not sure which page it's on.
Towards the bottom and this is in your packet. But in the spreadsheet that ACHD sent us
in the far -- let's see, what is it? One, two, three, four --
Bird: Well, you're better than I am. You can read upside down.
Rountree: I can't read it.
Hood: Now can you see it?
Zaremba: That's better.
Bird: Holy cow. Do you come from the Finance Department?
Hood: We will get it big enough here. Just -- I need to find -- so -- and it doesn't
necessarily matter the project, but the annual safety benefit, it's calculated -- and Justin is
still here. Thank you, Justin, for hanging out. He can actually tell you how this is
calculated, but a fatality is worth so many dollars. A serious injury is worth so many
dollars. It's not the only thing, but there is classification levels of injuries and so any
project that had a benefit that ACHD calculated over 100,000 dollars or more I put safety
benefit in that far right-hand column. So, you can -- you know, there is not a whole lot of
them that end up having an annual safety benefit of 100,000 dollars or more. So, for the
Fairview/Locust Grove I'm not exactly sure how -- how that's calculated or what the issue
really is there. I don't know if it's the volume of inter -- you know, if it's just a whole bunch
of rear-end accidents or if there is one fatality or -- and, again, I don't -- and I think it's a
three or four, five year average, so it's not just one accident and all of a sudden it jumps
up there. But what I did on that -- my spreadsheet was say any project where there is at
least 100,000 dollars or more safety benefit I highlighted it. And Justin is ready if you
wanted to ask him anymore of how they actually calculate that, but -- and I don't know if
he may even know. Fairview and Locust Grove.
Rountree: I understand how you calculate it, I'm just trying to figure out what's the issue
there. Is it the turning movement into -- into Fred Meyers? Other than that, the
signalization and the lane configuration work pretty good.
Hood: And, Madam Mayor, Councilman Rountree, before -- before Justin speaks -- I
mean I didn't look at cars, I didn't run the reports. We have police here. We have access
to that. I just -- I don't know, so maybe Justin does.
De Weerd: Hi, Justin.
Lucas: Good evening, Madam Mayor, Members of the Council. Justin Lucas. Ada
County Highway District. I'm the planning and programming manager. I wish I had
specifics on all the accident data. We have all that and that's what drives this
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spreadsheet. That's specific intersection does have some relatively unique access
management issues. Some of which have -- if you have seen changes over time on that
intersection, there has been some interim treatments that have gone in, candles, raised
medians, curbing, other things that have affected both the Fred Meyer entrance and the
entrance to the -- I guess it's a yogurt shop there and other things.
Rountree: Right.
Lucas: But if I had to wager a guess I would imagine that most of the accidents at that
intersection relate to those access management issues and I could verify that with our
data if you would like me to send that over.
Rountree: Which on that short intersection job is going to take care of.
Lucas: Yes. And just to also clarify, those -- you know, monetizing accident issues and
things like that, you know, it's more of an art than a science. That's not dollars saved by
Ada County Highway District, those dollars represent dollars saved by the people --
Rountree: The users.
Lucas: The public. The users. And so that's what -- I just want to make that very clear
that when you're looking at that detailed spreadsheet and you see these dollars, safety,
and things like that, those aren't dollars that you or the ACHD -- well, maybe you are and
maybe I am -- hopefully I can avoid an accident out there. But it's just dollars saved by
the public.
De Weerd: Okay. Do I say next?
Hood: So, the third priority list to consider this evening are the community program
projects and these generally are sidewalk or pedestrian projects. Before the
transportation commission meeting -- is Jay still here? Yes, Jay is still here. So, he can
attest that we met with the school district and kind of went through the priority list that the
parks commission has come up with for their pathway priorities and with Miranda Carson
at the school district and compared what the school district has on their needs list and
what -- what the trans -- or, excuse me, the parks commission has on their needs list and,
then, looking at what we had last year and, then, added, subtracted, adjusted kind of
some things as I made a recommendation to the transportation commission. So, on this
one -- sorry, this one shouldn't be highlighted yellow. On this one the main changes were
actually towards the end of -- of the list. You can see the first page that they are all the
same as they were last year. Here is our top six. There is a little bit of juggling around. I
can't remember what was seven last year. Maybe we will find it here. A real similar
flavor, though, to the intersections we just talked about. There are a couple of projects
that were up near the middle third area, there along the state facilities and the
transportation commission said move those down to the bottom of the list. And there was
nothing really moved up unless something ahead of it moved to the bottom of the list on
some projects, but really nothing as far as priorities really grew, they all just sort of moved
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up a couple other projects moved down and, again, I will just jump to the bottom real
quick. Let me highlight these, I guess, because there is some new projects. I'm sorry.
Hopefully I'm not making anybody dizzy. The recommended new priority number 18 --
this is a piggyback and you can see priority 17 is right -- Kentucky Ridge and developers.
This is the next piece. This is the piece morphed from Victory, then, up to the new middle
school site. So, this is a priority that was added after that dialogue. The developers
taking care of some of the things on Kentucky Way -- and I should say if anyone wants me
to I can pull up Google Earth, we can look at this, we can zoom in, and I can get you a
little bit more oriented if you like, but this is, basically, about a third of a mile -- it's almost a
half mile west of Meridian Road on Victory and Stoddard is that half mile line that goes to
Walmart at Overland kind of area. So, again, there is sidewalk there. There is a middle
school planned and there is some county parcels there that make unlikely road
development in the near future of one or two acre lots. They kind of know what they are
and they don't have sidewalks. So, this will be sort of the safe routes type of a project
there. So, that will double up, which they do at 18 on the charts. This project -- we had
that 11, but after some dialogue, particularly from -- make sure this is the right project.
Ustick and West 3rd. So, this is -- this is a project that's actually going in with the
Meridian/Ustick intersection project, so ACHD has already scoped that. I do not recall
why any of the transportation commission put this down. I apologize. Do you recall,
Councilman Zaremba? I don't remember why they --
Zaremba: Just -- I'm trying to think, Caleb. I remember it being commented on.
Rountree: Corresponded at Meridian-Ustick intersection?
Hood: The signal pretty close to this, but we received a request from that neighborhood
south that -- that, you know, kids aren't going to go back a quarter mile out of direction.
De Weerd: This gets them to our park or Fast Eddy's to --
Hood: Settlers. That's right.
De Weerd: And that's been a real big safety concern.
Hood: And I just don't recall why the transportation commission moved it down in order.
Are you still there, Justin? Maybe Justin remembers.
Lucas: I was. I believe, Madam Mayor, Members of the Council, as I recall, Caleb, and --
there was some -- there was quite a bit of discussion about the Ustick and Meridian
intersection and as part of that discussion I think we talked about how this project was a
component of that and was, basically, scheduled to be constructed I believe in 2017 and
as all of that was kind of swirling around this was moved down and so it was all part of this
-- the discussion about the intersection, the pedestrian crossing was all happening
somewhat at the same time and so it wasn't extremely clearly, but I remember coming up
and speaking to that kind of shift, so --
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Hood: I would still recommend that it's a priority for the city. I don't -- shouldn't move it
down any further.
De Weerd: Well -- and I guess before you scroll too far past it, item 20 or 22, the Meridian
Rail With Trail as the Parks Department number two priority and in light of recent
discussions on Fairview, the rail corridor is -- has been seen as something that needs to
move up as a priority for that protected multi-use pathway opportunity. One of the most
pristine areas that we can have a connected corridor with pathway pieces that -- to begin
a conversation with Ada County Highway District that this corridor is going to be critical in
being an alternative to the need to go east-west and so want to make sure that that's in
whatever top numbers that are -- are seriously considered and one that really needs a
conversation. There has been investment by the city and COMPASS in terms of this
corridor as well.
Hood: And, Madam Mayor, I may contradict myself a little bit, but -- based on what I said
about intersections and the Linder Road overpass and making the statement with ACHD.
This is one I -- I agree, I think if it's going to happen we need a partner like ACHD to come
alongside us. Don't really get a lot of traction there with the transportation commission,
but there it is, so a few projects I recommend moving up, like I said, something just moved
down two or three spots. I'm scrolling again. Are there any other comments on those --
those projects? We get to the bottom of the list and, again, we see some projects that
have moved down. This project -- I think it's highlighted on here, the Hunter Elementary
School boundary no longer goes north of McMillan Road. That played really big with the
transportation commission and so it's not a safe route to type of thing, they wanted to
move it down, so it sits are 31. And, then, Eagle Road, River Valley to Ustick, it's a state
facility, so they said move it to the bottom of the list, but it was 12, so -- and it's grouped
with the other state facility project there at 33. So, when I get to the bottom of the list
there is a couple of new projects I just want to highlight real quick. I'm sorry, was there a
comment?
Milam: I'm sorry.
Hood: No? Okay. Just a couple other new projects. We received a letter from the
Meridian main branch library about wanting a HAWK signal mid point between Linder and
8th Street, right where the -- the library is. There are a lot of kids that cross mid block
there and they are concerned about safety. Again, that didn't -- a couple of things on that.
The school district said we try to tell our kids go to -- go to the light and cross. We don't
think you should put this in to really -- they can change their behavior. We don't need to
accommodate their bad behavior is essentially what she said. So, the transportation
commission said, well, if the school district doesn't want this crossing -- we are okay
keeping it on the list, but we don't really want to move it higher than this, so keep it on the
list. They didn't really see the need. So, you would have Linder and Cherry, obviously.
There would be a signal potentially about a quarter mile at the library and, then, another
signal a quarter mile at 8th Street. So, they said --you know, they didn't really see this
being a top tier project anyway. So, I will probably just leave it at that.
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De Weerd: And they probably haven't seen the kids that do stand in the middle of the
road to cross it, so -- I would love to say we shouldn't reward bad behavior, but there is a
huge gap and a huge number of kids in that area. There is a safety issue there.
Hood: So, there is one that -- again, I -- that is just a dialogue, so --
De Weerd: Don't shoot the messenger?
Hood: Yeah. I am the messenger here. Although I think they are doing a great job with
this, so -- thirty-five. And this one -- essentially what this comes down to is -- if you're
heading -- I will try to explain it without pulling up Google Maps. If you're heading east on
Pine off of Eagle say and you're -- Lewis & Clark is going to be on your right or south,
there is a lane that drops and you have to merge back into the through lane. Well, just
after you get through the intersection there at Parkdale -- Parkdale it opens back up again,
so you can turn right at Lewis & Clark. Essentially what the school district would like is to
make that a through lane, then, people going to Lewis & Clark don't have to bottle --
merge to, then, get back in the lane to turn. Just make it, essentially, an intersection
project where you would just add a little bit of pavement to both sides -- and I don't know if
ADHD has had a chance to look at it in the past three weeks since the transportation
commission did their recommendations, but it looks like a little bit of restriping -- maybe
you can fit that extra lane in there, but that's, essentially, the request. It's not really a
community programs project, it's more of a -- it's more for motorists, so that the traffic on
Pine can flow better and you don't have to merge before you merge over to turn, so -- and
I can pull up a picture if you would like, but that's school district's priority and, again, that
didn't move very high. This redo crosswalk on West 8th Street and Meridian Middle
School, the Mayor's office at first received that complaint. I have talked with the woman
there, she's actually coming to -- I can't remember if it's our April or May transportation
commission meeting to explain a little bit more. I talked to her -- essentially what her
request is -- she's okay with where it's at. She'd like to really see some more attention
paid to it. Flashing lights. Cones put out by the school district or crossing guards,
something that really highlights, hey, this is a cross-walk where kids cross, because she
says people will pull up and park near the crosswalk or even in the crosswalk, which
screens kids that come and, you know, their first step is out in front of cars and there is a
car zooming by at 30 miles an hour or whatever. So, some way to really, you know, call
attention to that crosswalk there. So, we will talk about that a little bit more at the
transportation commission and see what maybe we can do to work with the school district
to --
De Weerd: And the problem is that crosswalk is kind of at the top of a little knoll and so
until you're almost right on top of it you don't know there is a crosswalk there. The vision
to it is really difficult.
Bird: Madam Mayor?
De Weerd: Mr. Bill -- Mr. Bill?
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Bird: I'm sorry, Bill. That is definitely a problem, but the biggest problem Is some that was
supposed to get taken care of last -- last year by our police department with -- we got -- as
school let out you can't hardly get down 8th Street because of all the cars pulling in there
-- they have got a complete parking lot sitting out there where they could pull in and pick
the kids up -- I know the kids would probably have to walk a half a block.
De Weerd: Well, no, the bus drivers, they -- they won't let cars really in there.
Bird: Well -- and these kids -- that crosswalk is right where the walk goes over to 7th
Street and it is -- Mayor said right, sits on a little -- and it's hard to see and it's really hard
to see when you got two cars parked on it. But the kids are -- in fact, today I had a little
gal swing right out from the tennis courts on her -- what are those, mopeds or is that --
Hood: Little Razer scooter?
Bird: No, not --
Hood: Motorized?
Bird: No. The thing that they ride -- those kids -- those --
De Weerd: A moped.
Bird: Like you had -- no. They are pumping.
Rountree: A scooter.
Bird: No. No. No. They are --
Rountree: Skateboards.
Bird: Skateboard. They were after my time. Come flying out there from the thing, but I
will say most people -- I have to tell you that most people aren't going over 15 miles an
hour down through there. The cars -- the traffic is very good and at the -- at the
intersection now they have got a guy that is there that watches it and does a good job,
so --
Hood: And, Madam Mayor, I think, you know, this one is on our radar screen. I don't think
we need to move it out necessarily, because it's really -- there is really no improvements
out there, other than maybe some signs. Maybe -- maybe it turns into a request for a
HAWK signal. Maybe. But I don't know where that's going. It is pretty fresh. That was
just starting to be kicked around by the transportation commission and ACHD. I do think
the school resource officer knows about this as well and the principal there and the school
district has engaged as well. So, we are talking about it's known that there is an issue and
different forces are working to solve it, so there is that one. I think those are the new
projects. Fairview, East 3rd to Locust Grove -- oh, I wanted to call this out, because I
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have been down this one. I told the planning -- or the transportation commission that it
was under -- under construction, but that was the overlay and the -- the ped ramps are
being put in as part of the overlay on Fairview. So, this project actually isn't a construction
2017 project, so I'm requesting to move this back up into the top ten somewhere or
somewhere in that general area, because I was a little premature and saw -- you probably
saw it, too, a couple three weeks ago on Fairview there was a bunch of -- in fact, I think
there are still come candles -- I think some of the ped ramps and sidewalks -- and, then,
they are coming -- we are doing design on that project, but it isn't construction in '15, it's --
well, it's still going to be '15, but it's going to be maybe later this year. But that's the
overlay project for Fairview that's really going on more immediately. So, if I had one
request -- one thing -- and I don't think I will hurt anybody on the transportation
commission's feelings by asking you to move this back up somewhere in the vicinity of
where it came from, because I have messed that up. So, with that that's community
programs priority list. What I may just quickly update -- since I have the floor real quickly,
this Main-Williams crosswalk, that was also talked about previously. It's not on this list,
but Main Street at Williams here in downtown there is the thrift stores that are -- and there
is a crosswalk -- it's like three lanes, similar to what we just talked about with 8th Street,
you get a car parked and a kid walks from a parked car, is kind of screen until he takes
the first step into the crosswalk, so what you have got is three lanes of traffic going the
same way. The first lane may stop for a pedestrian kid, they see it, if I'm behind, why is
this guy slowing down, I'm going to go around him and pass him. Well, they are stopping
for a pedestrian that you can't see, so maybe we add that to the list. There is a crosswalk
there, but there is no real improvements to that, so -- as far as, you know, for calling
attention to a crosswalk being there and I don't necessarily have the solution there either,
just wanted to bring that up and let you know, too, just as an FYI, that the crosswalk on
Main and Franklin on the west side, ACHD is actually going to disable that crosswalk for a
similar concern with the dual lefts. So, we are southbound on Main Street and we are
turning westbound onto Franklin, there is dual lefts there, the middle lane is a through left
-- same deal, though. The first car may see a pedestrian in that crosswalk, but the second
one, he's around the corner and they have had some near misses there. Not a lot of
pedestrian traffic there, but ACHD is going to put up a crosswalk closed sign on the
Franklin -- this would be the southwest corner of the Franklin-Main intersection to let
people know that do not cross here, go to the Storey Park side and cross there or go
down to Meridian Road. There are two other crosswalks that are a lot better location
within four or five hundred feet. I didn't measure it, but it's not that far between those two
crosswalks. I just wanted to give you a heads up on that. That's nothing to do with this,
but that's why. So, Madam Mayor, Members of the Council, that's community programs.
De Weerd: Thank you, Caleb.
Rountree: Madam Mayor, while we are on this transportation topic, we have a scheduled
meeting -- joint meeting with ACHD at noon. I have been asked to generate some ideas
for the agenda. I think one thing I have in mind, based on some information we have got
from ACHD is talk about the public transportation direction they are going, but if you will
think about that meeting and have some ideas for agenda items, would you get that to me
soon so I can get that back to Jim Hansen, so he can put the agenda together for ACHD.
Meridian City Council
March 17, 2015
Page 59 of 65
Zaremba: Madam Mayor?
De Weerd: Yes, Mr. Zaremba.
Zaremba: Yeah. Mr. President, I would mention something that Caleb has already
mentioned and that may be getting ACHD involved in the Rails With Trails idea also.
Rountree: Yeah. Okay.
Zaremba: If they will confer things to help fund.
De Weerd: If anyone has any additional ideas, please, get that to Mr. Rountree. Okay.
Thank you, Caleb.
Hood: Madam Mayor?
De Weerd: Anything else?
Hood: No. I think that's fine. Just back to your recommendation or comment earlier
about coming back with -- I don't know if you wanted to ponder it more. I heard a couple
of comments in there, but I didn't really hear any -- let's move this project up by -- so, I
don't know if you like what you see or if we need another meeting. That's at your
discretion. What you don't have in front of you is a letter. We typically prepare a letter.
So, I will at least come back with that letter, unless you want to just authorize the Mayor to
sign now with whatever priorities, but typically I will bring back a letter that says attached
are our priorities, but sometimes we have other comments in that letter. But I don't know
how you want to proceed. But we do need to have something to them by the 15th of April.
De Weerd: Well, Council, maybe we can put this back on the agenda on the 24th, next
week, and I know we have two of our council members that will not be here, but have the
letter on the 7th for approval based on whatever is talked about on the 24th. Would ask
Council Members Milam and Borton to get any comments into Caleb.
Rountree: Will do.
De Weerd: Okay.
Hood: Madam Mayor, spring break is next week and I'm going to be gone on Tuesday,
but I can probably talk to Bruce. This doesn't sound like there is a whole lot of changes. I
could probably talk somebody into covering for me, but I just want you all to know I won't
be here, but I think --
De Weerd: We can have the conversation on April 7th then --
Bird: Yes.
Meridian City Council
March 17, 2015
Page 60 of 65
De Weerd: -- and turn around the letter. Council can -- can make the corrections, if any
are needed and --
Hood: That works better for me anyways, so thank you.
D. Fire Department: The Compliance Engine – Web-based software
for reporting results of required inspections to Meridian Fire
Department
E. Fire Department: Agreement with Brycer, LLC for The
Compliance Engine Approved
F. Fire Department: Resolution No. 15-1057: Adopting an
Administrative Policy of the Meridian Fire Department Regarding
Approved Method of Transmitting Records of Inspections
De Weerd: Yeah. Okay. Very good. Item 9-D is under our Fire Department. Thank you,
Justin.
Niemeyer: Madam Mayor, Members of the Council, thank you. Just real quick. I did want
to compliment recognizing those Mountain View girls. Hallie has played against those
girls for several years and playing with them in the summertime and I can tell you they are
not only great athletes, but great character in those young ladies, so I applaud you.
De Weerd: That's nice.
Niemeyer: And, Councilman Borton, based on previous conversations, the undefeated
season is gone, they lost to Rocky Mountain tonight, so -- with that, Madam Mayor,
Members of the Council, I am here as a follow up to the presentation given by Deputy
Chief Palmer about Compliance Engine as a reporting tool to insure proper recording of
sprinkler system, fire alarm system and hood system testing and so I would like to make a
correction very quickly to the document you have in front of you. The third bullet under
background should say current testing timelines, not inspection timelines. I apologize.
There is a big difference there. When we came to you in March -- or, correction, in
November of this year you asked us to go back and look at another tool that had been
presented kind of last minute again -- this project has been going on for about a year and
a half now. We took that to heart and we did go back and met with the developer of -- of
the other tool. We did have a meeting in February of -- February 18th to be exact to show
that tool to the contractors that would be using it. We still had concerns after that
demonstration, both from our standpoint and, then, the contractors brought their concerns
as well and those are listed within -- within the document in front of you. My biggest
concern as the fire chief is this tool has not been used anywhere else and I don't like to be
a beta test site for software. I did that when I was with the county and that was a disaster
and so I'd like to engage in someone who has a known product, a proven product. So, if I
could I would like to just hit the highlights with Compliance Engine and, then, I can go
Meridian City Council
March 17, 2015
Page 61 of 65
back and answer any questions you may have in the interest of time. There is no cost to
the city and there is no IT support required. We cleared this with IT. It is a web based or
Cloud based program. The tool is proven. They have been in existence for four years.
Just some quick background on that. The first service industry recognized that we
needed a tool for reporting of these testings. The International Association of Fire Chiefs
tasked the Western Fire Chiefs Association to partner with somebody to develop a tool.
So, that's been now operational for four years. It's in 37 states. There is over a thousand
fire departments currently using this tool. Most recently LA county signed on to be a part
of that tool as well. The direction I give early on as we started looking at finding
something that met our needs was to work with the city of Boise and the city of Nampa.
One of the things I was concerned about is I didn't want different systems in the three
biggest cities in the Treasure Valley, because the contractors cross all of those
boundaries of those cities. So, if we are going to move forward with something I did want
it to be the same for those business owners, those contractors. So, they have been a part
of the process the entire time, including the presentation on February 18th. All are in
agreement that Compliance Engine is the best tool to utilize and to adopt. The pricing
with Compliance Engine offers the most fair opportunity or pricing opportunity for the folks
that will be using it. I know, Councilman Bird, you had concerns about the length of the
contract, the three year pricing block. As we have talked to the contractors, they felt that
that was very fair, because they could plan their businesses three years out, they knew
that pricing was set. The agreement also allows for a 90 day opt out. So, if we become
dissatisfied for any reason there is an opt out clause within the agreement. Just a couple
other features. There is an automated 30 day notice that goes out to the property owners
that -- testing of their systems is due. It allows the fire marshal, Chief Palmer, to add an
easy to read dashboard, as you can see on the second page, to identify those that are in
compliance and any outstanding issues that he would have to follow up with. One of the
big things for me to insure that the data we receive -- and I think Jaycee will appreciate
this -- the data we receive is compatible with other data bases in the city. We have had
this issue that we have been working on for a couple of years now in cleaning up data,
insuring that addresses match -- the occupancy information matches from one database
to the other and this tool does comply with our current fire inspection software. As far as
access and security goes, that is always a question who has access to the data. We do
have access to all the information. The first equipment dealers only have access to their
client-base information and, then, the building owner at anytime can request information
on the test that was done on their building. Cost is ten dollars per system per address.
That was asked last time that we were here and so I gave an example of McDonald's and
I just threw out a random example, but they have a sprinkler system, an alarm system,
and, then, they have a commercial cooking hood system that requires an extinguisher
within it. Based on the timelines of those tests that need to be done, their entire cost
would be 40 dollars if that fire equipment dealer past the cost onto the business owner.
It's all dependent upon their business plan, business model. And I mentioned the
endorsements currently by the Western Fire Chiefs, the very last page has that
endorsement on it. I know I went through this kind of quick, so I'm happy to answer any
questions or clarify any issues that you may have. Again, we are looking for an adoption
of Compliance Engine as the tool that the City of Meridian will be using to insure the
accurate reporting of these tests being done.
Meridian City Council
March 17, 2015
Page 62 of 65
De Weerd: Thank you, Mark. Or chief. Any questions from Council? Okay.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: If there are no questions, I would move that we approve the presented agreement
with Brycer, LLC, for use of the Compliance Engine and the Mayor to sign and the Clerk to
attest.
Cavener: Second.
De Weerd: I have a motion and a second to --
Bird: It has a resolution.
De Weerd: -- approve the resolution on Item 9-F, which is 15-1057. Correct?
Borton: That's what I meant to say.
Holman: Madam Mayor?
Nary: There is two, Madam Mayor. You have the agreement to approve and the
resolution.
De Weerd: Oh, the agreement first? Sorry. The agreement. Sorry about that. Madam
Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Borton: Madam Mayor?
De Weerd: Yes, Mr. Borton.
Borton: I would now move to approve resolution number 15-1057.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 9-F at this time, which is a
resolution 15-1057. Madam Clerk, will you call roll.
Meridian City Council
March 17, 2015
Page 63 of 65
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
G. Fire Department and Legal Department: Memorandum of
Understanding and Agreement between the City of Meridian and
the Meridian Rural Fire Protection District
De Weerd: Thank you. And 9-G.
Niemeyer: Madam Mayor, Members of the Council, thank you. Before you is an MOU
with the Meridian Rural Fire Protection District. This issue was brought to Council several
months ago. We have been working on that -- Bill and I. It is an MOU to the original joint
powers agreement. Over the years the district has recognized the need to have certain
administrative tasks done -- correction -- administrative support tasks done specifically for
the fire district and those items are listed in the bullet points on the first page. In
consideration of that the district has agreed to add 2,000 dollars to what they have paid to
the city for providing fire and live safety services to the district. This agreement has been
presented to the commissioners. They have approved it and are prepared to sign upon
your signature and approvals. With that I would turn it over to Mr. Nary on any legal
issues with the agreement.
Nary: Madam Mayor, Members of the Council, pretty straight forward agreement. It was
crafted by the attorney for the district. I have reviewed it. I have discussed it with him.
We did recraft the job descriptions for one of the employees of the fire department to fit all
of those administrative tasks and responsibilities into that person's job description. So, it
is covered there in our hierarchy of how the job is supposed to be performed and, then,
the additional pay commensurate with that has already been taken care of. So, really, this
is just a clean up for that process and, then, reimbursement to the city.
De Weerd: Any questions from Council?
Bird: I have none.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Seeing no questions, I would move that we approve the MOU between the City of
Meridian and Meridian Rural Fire Protection District as presented and for the Mayor to
sign and the Clerk to attest.
Bird: Second.
Meridian City Council
March 17, 2015
Page 64 of 65
De Weerd: I have a motion and a second to approve Item 9-G. 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.
Item 10: Future Meeting Topics
De Weerd: Council, any items for future agendas?
Bird: Not at this time.
Item 11: Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To
Conduct Deliberations Concerning Labor Negotiations or to Acquire an
Interest in Real Property, Which is Not Owned by a Public Agency; and
(d) To Consider Records that are Exempt from Disclosure as Provided
in Chapter 3, Title 9, Idaho Code;
De Weerd: Item 11 is Executive Session.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and
(1)(d).
Milam: Second.
Cavener: Second.
Rountree: I have a motion and a second to adjourn into Executive Session. Madam
Clerk, will you call roll
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSIONS: (9:31 a.m. to 9:56 a.m.)
De Weerd: Okay. Council, I would entertain a motion to come out of Executive Session.
Meridian City Council
March 17, 2015
Page 65 of 65
Milam: So moved.
Cavener: Second.
Bird: Second.
De Weerd: All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Hey, I just wanted to remind you of the placemaking workshop on Thursday,
March 19th, and encourage you to attend.
Zaremba: Say that one again.
De Weerd: The placemaking workshop with Gary Toth and Phillip Winn.
Milam: Public art.
De Weerd: This has public faces. Yeah. This is Idaho Smart Growth. You each got I
think an e-mail or a hard copy. So, I would entertain a motion to adjourn.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor? All ayes. Thanks
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 9:57 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
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DATE APPROVED
Changes to Agenda: None
Item #BA: Solterra Subdivision No. 2 (FP -15.006) — Applicant is in agreement w/staffreport but didn't submit a response
within the time frame required to be on the consent agenda.
Application(s):
➢ Final Plat
Size of property, existing zoning, and location: This site consists of 5.34 acres of land, is currently zoned R-15, and is located at
the NEC of E. Fairview Ave. & N. Hickory Way.
Summary of Request: The final plat consists of 51 SFR lots & 6 common lots on 5.34 acres of land in the R-15 zoning district. The
proposed plat is in substantial compliance with the approved preliminary plat.
Written Testimony: Jim Conger, Applicant's Representative (in agreement w/staff report)
Staff Recommendation: Approval
Notes
Item #8B, C: Sulamita Church (AZ -14.014; CUP -14.019)
Application(s):
➢ Annexation & Zoning
➢ Conditional Use Permit
Size of property, existing zoning, and location: This site consists of 8.49 acres of land, is currently zoned R1 in Ada County, and is
located at the SWC of N. Black Cat Rd. & W. Cherry Ln.
Summary of Request: The applicant requests annexation & zoning of 9.76 acres of land with an R-8 zoning district consistent with the
FLUM of MDR for this site. A CUP is also requested for a church use in the R-8 zoning district.
There are 2 existing homes on the site that are proposed to be removed; the existing outbuildings are proposed to remain as accessory
structures for the church to be used for storage of maintenance equipment.
A site plan was submitted that depicts the proposed project developing in 2 phases. The 1 st phase will consist of a 28,457 s.f. church
facility, which will include a centralized foyer & main worship space, administrative office, nursery room, meeting rooms & fellowship
gathering room. There will also be an unfinished gymnasium, kitchen and meeting rooms. The 2nd phase will include a 5,883 s.f.
addition to the south side of the building.
ACHD is requiring additional ROW to be dedicated for the Black Cat/Cherry intersection project. There is an existing access via Cherry
Ln. that is proposed to be removed & relocated to the west property line for shared access with the property to the west. There are 2
existing accesses via Black Cat; the northern access is proposed to be shifted to align with W. Thorn Creek St. on the east side of
Black Cat & the southern access is proposed to be removed.
A minimum 25' wide landscaped street buffer & 5' wide detached sidewalk are required along Black Cat Rd. & Cherry Ln.; and internal
parking lot landscaping is proposed as shown on the landscape plan. A 10' wide multi -use regional pathway is required along the
southern boundary of the site adjacent to the Ten Mile Creek; landscaping and bollard lighting is required along the pathway in accord
with UDC standards.
Building elevations were submitted for the future church building; building materials are proposed to consist primarily of stucco w/stone
veneer wainscot.
As a provision of annexation, staff recommends a DA is required to tie future development of the site to the terms in the staff report.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
I. Testified in favor (10): Vladimir Lukomsky; Vasily Shabura; Pavel Struk; Eugene Kazimir; Mike Bartosh; Timur Muzafarov;
Vadim Elikh; Sergey Vassin; Randy Haverfield; and Anton Boyarchuk
ii. Signed up in Favor (18): Pavel Shulga; Aleksandra Shulga; Viktor Tseme; Viktor Ludan; Yelena Ludan; Ilya Vasilchenko; Vlad
Lukomsky; Vitaliy Kochubey; Igor Ivko; Prudniceva Mariya; Vasilino Nikoryak; Inna Tsema; Valentina Bartosh; Vitally Elikh; Anna
Kazmina; Stretlana Brabura; Vladimir Boyarchuk; and Nataliya Kochubey
iii. In opposition: None
iv. Commenting: None
v. Written testimony: Randy Haverfield, Applicant's Representative
Key Issue(s) of Discussion by Commission: None
Key Commission Change(s) to Staff Recommendation: None
Outstanding Issue(s) for City Council: None
Written Testimony since Commission Hearing: None
Notes:
Item #81), E: Bellabrook Estates (AZ -15.001; PP -15-001)
Application(s):
➢ Annexation & Zoning
➢ Preliminary Plat
Size of property, existing zoning, and location: This site consists of 5.14 acres of land, is currently zoned RUT in Ada County, and
is located at 398 S. Locust Grove Road, on the east side of Locust Grove, south of Franklin Road.
History: The subject property was split in 2003 without approval from Ada County Development Services. The subject application
includes both properties that were part of the split & is therefore considered a parcel for development.
Summary of Request: Request for annexation & zoning of 5.19 acres of land with an R-15 zoning district consistent with the MU -C
FLUM designation.
A preliminary plat is proposed that consists of 9 building lots, 2 common lots and 1 other lot on 5.14 acres of land in a proposed R-15
zoning district. No development is proposed on Lot 5, Block 2 at this time; a conceptual development plan was submitted showing how
this lot may possibly develop in the future. The gross density of the subdivision, excluding Lot 5, is 4.21 d.u./acre with a net density of
8.11 d.u./acre.
There is an existing home and outbuildings on the western 2.14 acre parcel. The home is proposed to remain on a lot in the
subdivision; the outbuildings are proposed to be removed. The existing home is required to hook up to City water & sewer service
within 60 days of services being available.
A portion of this site along the east property boundary lies within the Meridian Floodplain Overlay District, which requires a floodplain
permit application to be submitted prior to any development occurring in the overlay district.
Access is proposed via E. Kalispell Street, an existing stub street at the west boundary of the site, via S. Locust Grove Road. An
emergency access is proposed via Locust Grove. A snoopy turn -around is proposed at the south boundary of the site which may
extend to the east with future development.
A 25 -foot wide landscaped street buffer is required along S. Locust Grove Road on the common lot where the emergency access is
proposed. Open space is proposed in accord with UDC standards. One site amenity is required to be provided with this development.
The Pathways Master Plan depicts a segment of the City's regional pathway on this site along the east side of the Fivemile Creek; an
easement for the pathway is required at this time; however, construction of the pathway is not required until the eastern portion of the
site develops in the future.
Three pictures of typical sample elevations were submitted for the development as shown.
Commission Recommendation: Approval
Summary of Commission Public Hearing:
I. In favor: Ben Thomas
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Ben Thomas, Applicant's Representative
Key Issue(s) of Discussion by Commission:
I. Preference for pavement rather than gravel for the emergency access road via Locust Grove Road for maintenance purposes.
Key Commission Change(s) to Staff Recommendation: None
Outstanding Issue(s) for City Council: None
Written Testimony since Commission Hearing:
Steven Yearsley - requests the emergency access road along the south boundary of the site is paved rather than gravel for
a pathway amenity with breakaway bollards to prevent vehicular use at the ends of the pathway; and
Ben Thomas, Applicant's Representative - requests condition #2.1.1, which requires the water system to be looped to
the existing main in Locust Grove via an extension through Lot 1, Block 1, to be modified to not require an extension of the
water line through Lot 1 & dedicate an easement to the City instead for construction and maintenance of a water main in the
future if needed.
Notes:
Item #8F, G: Nesting Swan Ranch (AZ -14-016; PP -14.018)
Application(s):
➢ Annexation & Zoning
➢ Preliminary Plat
Size of property, existing zoning, and location: The annexation area for this site consists of 27.75 acres of land, is currently zoned
RUT in Ada County, and is located at 4617 & 4620 S. Martinel Lane and 3570 E. Amity Road.
History:
• The properties at the SWC & NEC of the site are existing lots in Martinel Subdivision
• The property at the SEC corner received a CUP in Ada County to operate an assisted living facility; this property is currently
receiving City water service.
Summary of Request: The applicant requests annexation & zoning of 27.75 acres of land with an R-8 zoning district, consistent with
the MDR FLUM designation. The property at the SEC of the site will remain an assisted living facility; the property at the SWC of the
site is proposed to be subdivided; and the property at the NEC of the site will remain a rural residential property until redeveloped in the
future.
A conceptual development plan is proposed that shows how the rural residential property may redevelop in the future through a
separate preliminary plat. This plan has been revised since the Commission hearing — the previous plan is shown on the left with the
revised plan on the right. The revised plan no longer has private streets and the stub street has shifted further to the west and the lots
reconfigured accordingly.
The proposed preliminary plat consists of 31 SFR building lots, which includes a lot for the existing home, and 7 common lots on 10.37
acres of land in an R-8 zoning district. The gross density for the subdivision is 2.99 d.u./acre with an average lot size of 6,926 s.f.
Access is proposed via S. Martinel Avenue, a local street, via E. Amity Road. Private streets were originally proposed internally for
access with a gated entrance off Martinet Avenue; however, the applicant told me this afternoon they now intend for these to be public
streets. Martinet Avenue stubs to the north property boundary for future extension. Public street frontage is provided to the assisted
living facility at the SEC of the site. A cross -access easement is required to be provided to the Luke out -parcel at the SWC of the site
for access to the private street.
ACHD is requiring additional ROW to be dedicated along Eagle Road and the pavement widened along Eagle & Amity Roads.
A 25' wide landscaped street buffer is required along Eagle & Amity Roads with a 5 -foot wide detached sidewalk. A minimum of 10%
(or 1.03 acres) qualified open space & one site amenity is required to be provided within the development. A Stall vinyl privacy fence is
proposed to be constructed by the developer around the perimeter of the subdivision.
Three pictures of typical sample building elevations for future homes in this development as well as the future development to the north
were submitted by the applicant.
Commission Recommendation: Denial
Summary of Commission Public Hearing:
i. In favor: Tamara Thompson, Applicant's Representative; and Sandy Sanderson, Developer
ii. In opposition: Scott Shaw; Dan Luke; Roger Taylor; and Frank Shoemaker
iii. Commenting: Randy Clarno; and Bradford Dedman
iv. Written testimony: Philip & Judy DeAngeli; Roger & Teresa Taylor; Louis Uranga on behalf of Frank & Sue Shoemaker; and
Tamara Thompson, Applicant's Representative
Key Issue(s) of Discussion by Commission:
i. Inclusion of the northern portion of the property in order to be contiguous to annex and develop the southern portion of the site in
the City (i.e. "leapfrog", not orderly development);
ii. The private streets within the development not being wide enough to allow on -street parking and the financial burden on the
homeowners to maintain the private streets;
iii. The location of the stub street to the north;
iv. Overcrowding in the West Ada School District;
v. Provision of larger lots along the north boundary of the development as a transition to larger rural residential properties; and
vi. Provision of a pathway within the common lot along the north boundary of the site for pedestrian access to the future high school
to the east.
Key Commission Change(s) to Staff Recommendation:
i. The Commission recommended denial of this application based on their determination that it was a leapfrog development and
not an orderly expansion of the City limits and services; the location of the stub street to the north; and impact on the schools.
Written Testimony since Commission Hearing: Randy Clarno — submitted a letter stating he's in support of the revised concept
plan.
Outstanding Issue(s) for City Council: Because the concept plan has changed significantly since the Commission hearing, staff
recommends the Council either remand the applications back to the Commission for a recommendation on the revised plan; or, if
Council deems the revised plan acceptable, the applications are continued for a couple of weeks in order for staff to prepare a revised
staff report based on the revised plan.
Notes:
Meridian City Council Meeting
TE: March 17, 2015
ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: PROCLAMATION
Proclamation for March for Meals
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CL�F/f(S C)1=h"lCk FIA /aTIOiV
DATE:
EIYiA1L'EO TO
STAFF
SENT TO -
AGENCY
SBiyT TO I "-" -' '
I N(-,rES INITIALS
APPLICANT
IDIAI�T*--
VE,
IDAHOO
'rhe Office of the .%tayor
P R O C L A IqA T"I O N
WHEREAS, on March 22, 1972, President Richard Nixon signed into law a measure that amended the
Older Americans Act of 1965 and established a national nutrition program for seniors 60 years and older;
WHEREAS, Meals on Wheels America established the National March for Meals Campaign in March
2002 to recognize the historic month, the importance of Older Americans Act Nutrition Programs and to
raise awareness about the escalating problem of senior hunger in America;
WHEREAS, the Metro Meals on Wheels program has served Meridian and communities throughout Ada
County admirably for more than 40 years; and
WHEREAS, volunteer drivers are the backbone of the program, and not only do they deliver nutritious
meals to homebound seniors, but also caring concern and attention to their welfare;
WHEREAS, Metro Meals on Wheels provides nutritious meals to seniors throughout Ada County and
helps them maintain their health and independence;
WHEREAS, Metro Meals on Wheels provides a powerful socialization opportunity for seniors to help
combat loneliness and isolation;
THEREFORE, 1, Tammy de Weerd, Mayor of the City of Meridian, do proclaim March 2015 to be
March for Meals Month
in the City of Meridian and urge the citizens of Meridian to take time this month to honor our local Metro
Meals on Wheels program, the seniors they serve and the volunteers who are an integral part of the
program.
Dated this 17th day of March, 2015.
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE: PROCLAMATION
Proclamation for Mountain View High School State Champions Day
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
EMAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
C �E II�IAT`�T
ID
'Phe Office of the Nayor
P R O C L A JW .2l 7"10 N
Whereas, being an athlete is more than training to excel in sports or to be physically
fit. It is training to build leadership, character, confidence, teamwork and
resilience — all traits that are needed to succeed on the court, in the
classroom and in the real world; and,
Whereas, the Mountain View Girls' Basketball Team's overall record for the 2014-
2015 season was twenty-six wins and one loss; and,
Whereas, their hard work and teamwork resulted in recently winning the 2015 State
Championship Tournament for basketball; and,
Whereas, the capturing of the state title builds school spirit and allows these student
athletes to walk the halls of Mountain View with a little extra swagger;
Whereas, the leadership, training and discipline of their coaches helped all team
members to focus their talents and passion to become a winning team, with
each player making valuable contributions to their victory;
Therefore, I, Mayor Tammy de Weerd, do proclaim March 17th, 2015 as
Mountain Tiew High SchooCState
Champions Day
in the City of Meridian and call upon the community to join me in congratulating the
Lady Mays on their remarkable athletic achievement and for representing Meridian so
proudly in the state tournament.
Dated this 17`h day of March, 2015
Meridian City Council Meeting
DATE: March 17. 2015 ITEM NUMBER
PROJECT NUMBER:
ITEM TITLE: APPROVE MINUTES
Approve Minutes of February 17, 2015 City Council. Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
•w
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17. 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: APPROVE MINUTES
Approve Minutes of February 24, 2015 City Council Meeting
MEETING NOTES
9 APPROVED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015
ITEM TITLE: APPROVE MINUTES
ITEM NUMBER:
PROJECT NUMBER:
Approve Minutes of March 3, 2015 City Council Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES -
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: APPROVE MINUTES
Approve Minutes of March 10, 2015 City Council Workshop Meeting
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: APPROVAL OF PURCHASE
Approval of Purchase of ABS/Polycarbonate Polymer Valve Lids from HD Supply
Waterworks for the Not -To -Exceed Amount of $102,000.00 and Authorize the
Purchasing Manager to sign the Purchase Order
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Dennis Teller
Date: 3-11-2015
Re: March 17, 2015 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
March 17°i City Council Consent Agenda for Council's consideration.
Approval of purchase of ABS/Polycarbonate Polymer Valve Lids from HD Supply
Waterworks for the Not -To -Exceed amount of $102,000.00 and Authorize the
Purchasing Manager to sign the Purchase Order.
Recommended Council Action: Approval of purchase of ABS/Polycarbonate
Polymer Valve Lids from HD Supply Waterworks for the Not -To -Exceed amount
of $102,000.00 and authorize the Purchasing Manager to sign the Purchase
Order. Bids were solicited and received through the City's standard bid
process. Three bids were received. This purchase is part of the approved 2015
Budget, Water Division Enhancement #11.
Thank you for your consideration
0 Page 1
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Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 6F
PROJECT NUMBER:
ITEM TITLE: APPROVAL OF AWARD OF BIDS AND AGREEMENTS
Approval of Award of Bids and Agreements for the "Old City Hall TI - Construction"
Project to Multiple Contractors per the following schedule for a Not -To -Exceed
Amount of $55,748.00. These awards are the result of informal bids issued by the City's
Construction Manager ESI.
*BPI Wall Coverings: Merit Professional Coatings, Inc. $11,403.00
*BP2 Floor Coverings: Designer Floors $28,500.00
*BP3 Lighting: Power Plus, Inc. $15,845.00
MEETING NOTES
'•tfi,- 7
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Max Jensen, Jacy Jones
Date: 3/12/15
Re: March 17 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following items be placed on the
March 17th City Council Agenda under a Parks Department Report.
amount of $55.748.00. These awards are the result of informal bids issued by the
City's Construction Manager ESI.
BP1 Wall Coverings: Merit Professional Coatings, Inc. $11,403.00
BP2 Floor Coverings: Designer Floors $28,500.00
BP3 Lighting: Power Plus, Inc. $15,845.00
Recommended Council Action: Approval of Award of 3 Bids and authorize the
Mayor to execute the corresponding Agreements to the low bidders for an over
all total of $55,748.00.
Thank you for your consideration
0 Page 1
City Of Meridian
Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Reith - Unposted Transactions Included In
Report
1840 - Other Government
O1 - General Fund
From 10/1/2014 Through 9/30/2015
Capital outlay
92000 Cap Outlay - Bldgs & Struct
10242.c Old City Hall Tenant
Improvements - 2015
Total Capital Outlay
TOTAL EXPENDITURES
Percent of
Budget with Current Year Budget Budget
Amendments Actual Remaining Remaining
69,390.00 0.00 69,390.00 100.00%
69,390.00 0.00 69,390.00 100.00%
69,390.00 0.00 69,390.00 100.00%
Date: 3/12/15 04:07:01 PM page: 1
Date: 3/12/2015
Fund: 1 Department:
Construction: X
CITY OF MERIDIAN
CONTRACT/AGENDA REQUEST CHECKLIST
REQUESTING DEPARTMENT PW - Capital Projects
1840 GL Account: 92000 Project # 10242.0
PSA: Task Order:
Project Name:
Project Manager: Max Jensen
Contractor/Consultant/Design Engineer:
Budget Available (Attach Report):
Will the project cross fiscal years?
Yes
Old City Hall TI
Department Representative:
Merit Professional
Contract Amount: $11,403.00
Yes No X
Budget Information: FY Budget: FY15 Enhancement#: Grant#:
Other: Type of Grant:
CONTRACT CHECKLIST
BASIS OF AWARD
Low Bidder X Highest Rated Master Agreement
(Bid Results Attached) No (Ratings Attached) (Category)
Typical Award Yes X No
If no please state circumstances and conclusion:
10 Day Waiting Period Complete:
PW License # 17856 Current? (attach printout)
Corporation status Goodstanding
Insurance Certificates Received (Date):
Payment and Performance Bonds Received (Date):
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Date Award Posted:
Yes
Rating:
Rating:
If yes, has policy been purchased?
Date Submitted to Clerk for Agenda: March 12, 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)
�jVERIDIAN:;-
AGREEMENT TO CONTRACT
Date: March 11, 2015
OWNER:
CONTRACTOR:
City of Meridian
Merit Professional Coatings, Inc.
33 E. Broadway
1865 Wildwood St.
Meridian, ID 83642
Boise, ID 83713
City Representative: Max Jensen Contractor Representative: Tony Ghinazzi
PROJECT: Old City Hall Tenant Improvements 2015.
OWNER'S CONSTRUCTION
MANAGER:
Engineered Structures, Inc., dba ESI -
Express
3330 E. Louise Dr., Ste, 300
Meridian, ID 83642
CMRepresentative :Nate Hatton
SCOPE OF WORK: Removal of existing wall covering, patch and repair drywall for new finishes, provide all
materials and labor to paint all wall on the main floor with specified material. New paint shall be Benjamin
Moore product, Monterey White HC -27.
SCOPE OF THE AGREEMENT: This Agreement represents the entire and integrated agreement between
Contractor and Owner and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both Contractor and Owner. Neither the
rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the
other party.
BONDS: The Work is being conducted at a public office building. Contractor must be a licensed public works
contractor and comply with all applicable payment and performance bonding requirements.
SUBSTANTIAL COMPLETION: Contractor shall achieve Substantial Completion of the entire Work as
follows: Substantial Completion of the entire Work shall be achieved by May 9, 2015 with Final Completion and
Owner acceptance by May 15, 2015. Contractor shall be liable to the Owner for any delay beyond this time
period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed
as a penalty.
TOTAL
CONTRACT $_I 1,403.00
SUM:
This Agreement is comprised of the following documents:
1. Proposal and Agreement to Contract Cover Sheet
2. Terms and Conditions of Proposal and Agreement to Contract
3. Exhibit eered Structures, Inc., dba ESI Express BID PACKAGE document ate d March 2, 2015
S
OWNER: C FMERIDIAN CONTRACTOR
B / / DAU
f SLS',, BY 7oNy 64(nrAZZ1 — VI
Mayor Tammy e e d - - rinted name and title
0
City f
Attest: E It)IAN*--
onp0
Cit erk p
SEAL
R
0.
°��eI rnras�.
AGREEMENT TO CONTRACT
ARTICLE 1 THE WORK OF THIS CONTRACT
§ 1.1 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others. The term "Work" means the construction and services required by the Contract Documents, and
includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations.
ARTICLE 2 DATE OF COMMENCEMENT
§ 2.1 The date of commencement of the Work shall be the date this Proposal and Agreement to Contract is executed by Owner, unless a different date
is stated in the Proposal and Agreement to Contract Cover Sheet.
ARTICLE 3 CONTRACT SUM
§ 3.1 Subject to additions and deductions in accordance with Article 8, the Contract Sum shall be the Total Bid amount stated in the Proposal and
Agreement to Contract Cover Sheet.
ARTICLE 4 PAYMENT
§ 4.1 The Owner shall make payment within thirty (30) days of receipt of Contractor's Application for Payment. Five (5) percent retainage shall be
withheld from each Application for Payment by Owner. Pending Final Acceptance and final determination of cost to the Owner, Contractor shall
submit Application for Payment for the withheld retainage amounts not in dispute.
ARTICLE 5 INSURANCE AND INDEMNIFICATION
§ 5.1 Contractor shall indemnify and save and hold harmless Owner 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 bythe Contractor, its servants, agents, officers, employees, guests, and business invitees, and not
caused by or arising out of the tortious conduct of Owner or its employees. Contractor shall maintain, and specifically agrees that it will maintain,
throughout the term of this Agreement, liability insurance, in which the Owner shall be named an additional insured in the minimum amounts as
follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless Owner; and if Owner becomes liable for an amount in
excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless Owner 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 Owner 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 Owner 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.
§ 5.2 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.
§ 5.3 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.
§ 5.4 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.
§ 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
§ 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or
subcontractors.
ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 6.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.
§ 6.2 The Owner shall obtain and pay for any and all necessary permits, fees, easements, assessments and charges — including tests, inspections and
approvals of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities.
§ 6.3 The Owner's Construction Manager will promptly interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request from either the Contractor. Interpretations and decisions of the Owner's Construction Manager will be
consistent with the Contract Documents and will be in writing or in the form of drawings.
AGREEMENT TO CONTRACT
ARTICLE 7 CONTRACTOR
§ 7.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner and
promptly report errors, inconsistencies or omissions discovered to the Owner's Construction Manager. It is recognized that the Contractor's review
is made in the Contractor's capacity as a contractor and not as a licensed design professional - -
§ 7.2 The Contractor warrants to the Owner that: (1) materials and equipment furnished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted;
and (3) the Work will conform to the requirements of the Contract Documents.
§ 7.3 Unless otherwise agreed in writing, the Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is
executed.
§ 7.4 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. The Contractor shall promptly
notify the Owner's Construction Manager in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules
and regulations. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or
lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs unless, after
having notified the Owner or Owner's Construction Manager, either the Owner, Owner's Construction Manager or Authorities having jurisdiction
order or direct the Contractor to complete said Work.
§ 7.5 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner's
Construction Manager.
§ 7.6 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.
§ 7.7 The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion
of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste
materials.
§ 7.8 All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance.
11 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.
ARTICLE 8 CHANGES IN THE WORK
§ 8.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to
a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus overhead and profit of fifteen percent (15%).
§ 8.1.1 If any changes contemplated by § 8.1 are to be performed by a related party, the Contractor shall notify the Owner of the identity of the
related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such
notification, authorizes the change, then the cost incurred shall be included as an actual cost and the Contractor shall procure the Work,
equipment, goods or service from the related party, as a Subcontractor. If the Owner frails to authorize the transaction, the Contractor shall
procure the Work, equipment, goods or service form some person or entity other than a related party. For purposes of this § 8.1.1, a "related
party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor.
§ 8.2 The Owner will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not
inconsistent with the intent of the Contract Documents.
§ 8.3 If concealed or unknown physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from
those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.
ARTICLE 9 TIME
§ 9.1 Time limits stated in the Contract Documents are of the essence of the Contract. If, however, the Contractor is delayed at any time in progress
of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the
Contractor's control, the Contract Time shall be subject to equitable adjustment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those
required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to
employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The
Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 11 CLAIMS AND DISPUTES
§ 11.1 Prior to the initiation of any legal proceeding, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the
interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation shall be conducted under the auspices of the
American Arbitration Association or such other mediation service or mediator upon which the parties agree. The cost of Mediation shall be shared
equally. The party seeking to initiate mediation shall do so by submitting a written request to the other party to this Agreement within the period
specified by applicable law, but in any case not more than 1 year after the date of Substantial Completion of the Work. This Article shall survive
AGREEMENT TO CONTRACT
completion or termination of this Agreement. Contractor and Owner waive all claims and causes of action not commenced in accordance with this
Article 11,
ARTICLE 12 MISCELLANEOUS PROVISIONS
§ 12.1 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed.
§ 12.2 The Contract shall be governed by the law of the State of Idaho.
§12.3 Either party may terminate this Agreement upon not less than ten (10) days' written notice should the other party fail substantially to perform
in accordance with the terms of this Agreement through no fault of the party initiating the termination.
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Merit Professional Coatings Boise, Inc. 1017656 107920, 09900, 09950, 09960, 07100 14
�I
jFirs� Prey Page: t of 1 ',Next Last;
Details - License Number: 017866
Lic Info
Registration #:
017856
Issue:
2118/2014
Expire:
4/30/2015
Type:
PUBLIC WORKS
Sub -Type:
B
Status:
ACTIVE
Company:
Ment Professional Coatings -Boise, Inc.
Phone:
(208)501-8143
Cell:
(208) 870-2547
Pager:
Fax:
(208)501-8401
Owner Name:
B
Page 1 of 1
The Division of Building Safety, makes every effort to produce and publish Ne most current and accurate infmmalion possible. No warnif ies, expressed or implied, are provided for the dale Needs, its use, or
its Inlerprelalioe Utilizallon of This website indirates understanding and acceptance of This statement
1-800-9553044, 1090 E Watedover $l, Suite 150 Meridian ID 83642
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IDSOS Viewing Business Entity
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IDAHO SECRETARY OF STATE
Viewing Business Entity
Lawerence Denney, Secretary of State
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[ Get a certificate of existence for MERIT PROFESSIONAL COATINGS - BOISE. INC. ]
[ Monitor MERIT PROFESSIONAL COATINGS - BOISE. INC. business filings ]
MERIT PROFESSIONAL COATINGS - BOISE, INC.
1865 WILDWOOD ST
BOISE, ID 83713
Type of Business: CORPORATION, GENERAL BUSINESS
Status:
GOODSTANDING
State of Origin:
IDAHO
Date of 12 Aug 2013
Origination/Authorization:
Initial Registered Agent:
ROY THOMPSON
1865 WILDWOOD ST
BOISE, ID 83713
Organizational ID / Filing
C199324
Number:
Number of Authorized Stock 100
Shares:
Date of Last Annual Report:
10 Sep 2014
Annual Report Due:
Aug 2015
Original Filing:
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Filed 12 Aug 2013 INCORPORATION View Image (PDF format) View
Image (TIFF format)
Amendments:
Amendment Filed 20 Nov NAME CHANGED TO
2013 MERIT
PROFESSIONAL
COATINGS - BOISE,
INC.
Annual Reports:
Report for year 2014 ANNUAL REPORT
Report for year 2013 CHANGE
ADDRESS
Idaho Secretary of State's Main Page
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State of Idaho Home Page
Comments, questions or suggestions can be emailed to: sosinfoasos.idaho.gov
http://www.accessidaho.org/public/sos/corp/C199324.html 3/12/2015
Date: 3/12/2015
Fund: 1 Department:
Construction: X
Project Name:
Project Manager:
CITY OF MERIDIAN
CONTRACT/AGENDA REQUEST CHECKLIST
REQUESTING DEPARTMENT PW - Capital Projects
1840 GL Account: 92000 Project# 10242.0
PSA: Task Order:
Old City Hall TI
Max Jensen Department Representative: n/a
Contractor/Consultant/Design Engineer: Designer Floors
Budget Available (Attach Report): Yes Contract Amount: $28,500.00
Will the project cross fiscal years? Yes No X
Budget Information: FY Budget: FY15 Enhancement #: Grant#:
Other: Type of Grant:
CONTRACT CHECKLIST
BASIS OF AWARD
Law Bidder X Highest Rated Master Agreement
(Bid Results Attached) No (Ratings Attached) (Category)
Typical Award Yes X No
If no please state circumstances and conclusion: -
10 Day Waiting Period Complete: Date Award Posted:
PW License# PWC -C-11018 Current? (attach print out) Yes
Corporation status Goodstanding
Insurance Certificates Received (Date): Rating
Payment and Performance Bonds Received (Date): Rating
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: March 12, 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)
CjfEN.jbt4�-
Date: March 1 L 2015
OWNER:
City of Meridian
33 E. Broadway
Meridian, ID 83642
City Representative: Max Jensen
AGREEMENT TO CONTRACT
CONTRACTOR:
Designer Floors
1400 Front Street
Boise, ID 83702
Contractor Representative: Tyler Brown
PROJECT: Old City Hall Tenant Improvements 2015.
OWNER'S CONSTRUCTION
MANAGER:
Engineered Structures, Inc., dba ESI -
Express
3330 E. Louise Dr., Ste. 300
Meridian, ID 83642
CM Representative : Nate Hutton
SCOPE OF WORK: Demo existing floor cover and base, all floor prep as needed, provide and install new
carpet tiles, provide and install new base. New carpet shall be SHAW 59575 diffuse and 59576 disperse. New
base shall be Traditional Wall Base Ta4 Gateway WG Johnsonite.
SCOPE OF THE AGREEMENT: This Agreement represents the entire and integrated agreement between
Contractor and Owner and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both Contractor and Owner. Neither the
rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the
other party.
BONDS: The Work is being conducted at a public office building. Contractor must be a licensed public works
contractor and comply with all applicable payment and performance bonding requirements.
SUBSTANTIAL COMPLETION: Contractor shall achieve Substantial Completion of the entire Work as
follows: Substantial Completion of the entire Work shall be achieved by May 9, 2015 with Final Completion and
Owner acceptance by May 15, 2015. Contractor shall be liable to the Owner for any delay beyond this time
period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed
as a penalty.
TOTAL
CONTRACT $ 28,500
SUM:
This Agreement is comprised of the following documents:
I. Proposal and Agreement to Contract Cover Sheet
2. Terms and Conditions of Proposal and Agreement to Contract
3. Exhibit A : Engineered Structures, Inc., dba ESI Express BID PACKAGE document dated March 2, 2015
OWNER:Y FMERIDIAN CONTRACTOR
B ..nn nu B /
l �! 'sZ
Mayor Tammy de Weerd comae r� oW (P a�`name and tit
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City of
Attest: IT'
' � ionua
SEAL
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AGREEMENT TO CONTRACT
ARTICLE 1 THE WORK OF THIS CONTRACT
§ 1.1 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others. The term "Work" means the construction and services required by the Contract Documents, and
includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations.
ARTICLE 2 DATE OF COMMENCEMENT
§ 2.1 The date of commencement of the Work shall be the date this Proposal and Agreement to Contract is executed by Owner, unless a different date
is stated in the Proposal and Agreement to Contract Cover Sheet.
ARTICLE 3 CONTRACT SUM
§ 3.1 Subject to additions and deductions in accordance with Article 8, the Contract Sum shall be the Total Bid amount stated in the Proposal and
Agreement to Contract Cover Sheet.
ARTICLE 4 PAYMENT
§ 4.1 The Owner shall make payment within thirty (30) days of receipt of Contractor's Application for Payment. Five (5) percent retainage shall be
withheld from each Application for Payment by Owner. Pending Final Acceptance and final determination of cost to the Owner, Contractor shall
submit Application for Payment for the withheld retainage amounts not in dispute.
ARTICLE 5 INSURANCE AND INDEMNIFICATION
§ 5.1 Contractor shall indemnify and save and hold harmless Owner 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 Owner or its employees. Contractor shall maintain, and specifically agrees that it will maintain,
throughout the tern of this Agreement, liability insurance, in which the Owner shall be named an additional insured in the minimum amounts as
follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless Owner; and if Owner becomes liable for an amount in
excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless Owner from and for all
such losses, claims, actions, orjudgments 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 Owner 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 Owner 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.
§ 5.2 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.
§ 5.3 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 electedofficers, 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.
§ 5.4 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.
§ 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
§ 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or
subcontractors.
ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 6.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.
§ 6.2 The Owner shall obtain and pay for any and all necessary permits, fees, easements, assessments and charges — including tests, inspections and
approvals of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities.
§ 6.3 The Owner's Construction Manager will promptly interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request from either the Contractor. Interpretations and decisions of the Owner's Construction Manager will be
consistent with the Contract Documents and will be in writing or in the form of drawings.
AGREEMENT TO CONTRACT
ARTICLE 7 CONTRACTOR
§ 7.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner and
promptly report errors, inconsistencies or omissions discovered to the Owner's Construction Manager. It is recognized that the Contractor's review
is made in the Contractor's capacity as a contractor and not as a licensed design professional.
§ 7.2 The Contractor warrants to the Owner that: (1) materials and equipment furnished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted;
and (3) the Work will conform to the requirements of the Contract Documents.
§ 7.3 Unless otherwise agreed in writing, the Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is
executed.
§ 7.4 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. The Contractor shall promptly
notify the Owner's Construction Manager in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules
and regulations. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or
lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs unless, after
having notified the Owner or Owner's Construction Manager, either the Owner, Owner's Construction Manager or Authorities having jurisdiction
order or direct the Contractor to complete said Work,
§ 7.5 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner's
Construction Manager.
§ 7.6 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.
§ 7.7 The Contractor shall keep the premises and surrounding area free From accumulation of debris and trash related to the Work. At the completion
of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste
materials.
§ 7.8 All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance.
11 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.
ARTICLE 8 CHANGES IN THE WORK
§ 8.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to
a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus overhead and profit of fifteen percent (15%).
§ 8.1.1 If any changes contemplated by § 8.1 are to be performed by a related party, the Contractor shall notify the Owner of the identity of the
related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such
notification, authorizes the change, then the cost incurred shall be included as an actual cost and the Contractor shall procure the Work,
equipment, goods or service from the related party, as a Subcontractor. If the Owner trails to authorize the transaction, the Contractor shall
procure the Work, equipment, goods or service form some person or entity other than a related party. For purposes of this § 8.1.1, a "related
party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor.
§ 8.2 The Owner will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not
inconsistent with the intent of the Contract Documents.
§ 8.3 If concealed or unknown physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from
those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.
ARTICLE 9 TIME
§ 9.1 Time limits stated in the Contract Documents are of the essence of the Contract. If, however, the Contractor is delayed at any time in progress
of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the
Contractor's control, the Contract Time shall be subject to equitable adjustment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those
required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to
employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The
Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 11 CLAIMS AND DISPUTES
§ 11.1 Prior to the initiation of any legal proceeding, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the
interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation shall be conducted under the auspices of the
American Arbitration Association or such other mediation service or mediator upon which the parties agree. The cost of Mediation shall be shared
equally. The party seeking to initiate mediation shall do so by submitting a written request to the other party to this Agreement within the period
specified by applicable law, but in any case not more than I year after the date of Substantial Completion of the Work. This Article shall survive
AGREEMENT TO CONTRACT
completion or termination of this Agreement. Contractor and Owner waive all claims and causes of action not commenced in accordance with this
Article 11.
ARTICLE 12 MISCELLANEOUS PROVISIONS
§ 12.1 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed.
§ 12.2 The Contract shall be governed by the law of the State of Idaho.
§ 12.3 Either party may terminate this Agreement upon not less than ten (10) days' written notice should the other party fail substantially to perform
in accordance with the terms of this Agreement through no fault of the party initiating the termination.
Wr51TRIM
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firs =P, rev Page:1 oft Nex[ Last
Details - License Number: PWC -C-11018
Lie Info
Registration III: PWC -C-11018
Issue: 4/18/2014
Expire: 5/31/2015
Type: PUBLIC WORKS
Sub -Type: AA
Status: ACTIVE
Company: Designer Floors, Inc.
Phone: (20B) 3424271
Cell: (208)841-9101
Pager:
Fax: (208)342-7245
Owner Name:
Linked Activities:
Sub Case(s): PWCLI004-0003 ADMINASSESSMENT PAID
The Division of Building Safety, makes every effort to produce and publish the most cu0ent and accurst¢ Information possible. No warranties, expressed or implied, are provided for Pe data herein, its use, or
iIs interpretation Utilization of this website indicates understanding and acesplance of this statement.
1-800-955-309,1090 E Ware weir St, Suite 153 Madden ID 83842
HOME I CONTACT
https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 3/12/2015
IDSOS Viewing Business Entity
IDAHO SECRETARY OF STATE
Viewing Business Entity
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Lawerence Denney, Secretary of State
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[ Get a certificate of existence for DESIGNER FLOORS. INC. ]
[ Monitor DESIGNER FLOORS INC business filings ]
DESIGNER FLOORS, INC.
1400 FRONT ST
BOISE, ID 83702
Type of Business: CORPORATION, GENERAL BUSINESS
Status: GOODSTANDING
State of Origin: IDAHO
Date of 30 Sep 1985
Origination/Authorization:
Current Registered Agent: RICHARD E BROWN
1400 FRONT ST
BOISE, ID 83702
Organizational ID / Filing C79585
Number:
Number of Authorized Stock 10000
Shares:
Date of Last Annual Report: 16 Jul 2014
Annual Report Due: Sep 2015
Original Filing:
[ Help Me Print/View TIFF ]
Filed 30 Sep 1985 INCORPORATION View Image (PDF format)
View Image (TIFF format)
Amendments:
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Amendment Filed 10 Dec REINSTATEMENT View Image (PDF format)
1987 View Image (TIFF format)
Amendment Filed 23 Jan REINSTATEMENT View Image (PDF format)
1991 View Image (TIFF format)
Annual Reports:
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Report for year 2014
ANNUAL REPORT
View
Document Online
Report for year 2013
ANNUAL REPORT
View
Document Online
Report for year 2012
ANNUAL REPORT
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Document Online
Report for year 2011
ANNUAL REPORT
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Document Online
Report for year 2010
ANNUAL REPORT
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Document Online
Report for year 2009
ANNUAL REPORT
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Doc-u-ment Online
Report for year 2008
http://www.accessidaho.org/public/sos/corp/C79585.html 3/12/2015
Date: 3/12/2015
Fund: 1
Construction: X
Project Name:
Project Manager:
Department:
CITY OF MERIDIAN
CONTRACT/AGENDA REQUEST CHECKLIST
REQUESTING DEPARTMENT PW - Capital Projects
1840 GL Account: 92000 Project # 10242.0
PSA: Task Order:
Max Jensen
Contractor/Consultant/Design Engineer:
Budget Available (Attach Report):
Will the project cross fiscal years?
Yes
Old Citv Hall TI
Department Representative: n/a
Power Plus, Inc.
Contract Amount: $15,845.00
Yes No X
Budget Information: FY Budget: FY15 Enhancement#: Grant#:
Other: Type of Grant:
CONTRACT CHECKLIST
BASIS OF AWARD
Low Bidder X Highest Rated Master Agreement
(Bid Results Attached) No (Ratings Attached) (Category)
Typical Award Yes X No
If no please state circumstances and conclusion:
10 Day Waiting Period Complete:
PW License# PWC -C-10947
Corporation Status
Date Award Posted:
Current? (attach print out) Yes
Goodstanding
Insurance Certificates Received (Date):
Payment and Performance Bonds Received (Date):
Builders Risk Ins. Req'd: Yes No _
(Only appllcabale for projects above $1,000,000)
Rating:
Rating:
If yes, has policy been purchased?
Date Submitted to Clerk for Agenda: March 12, 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)
(L% *N�E I! !I
AGREEMENT TO CONTRACT
Date: March 11, 2015
OWNER:
CONTRACTOR:
OWNER'S CONSTRUCTION
City of Meridian
Power Plus, Inc.
MANAGER:
33 E. Broadway
25 Hartman St.
Engineered Structures, Inc., dba ESI -
Meridian, ID 83642
Boise, ID 83704
Express
3330 E. Louise Dr., Ste. 300
City Representative: Max Jensen
Contractor Representative:
Meridian, ID 83642
Duane O'Reilly
CMRepresentative :Nate Hutton
TOTAL
CONTRACT
s1w.
PROJECT: Old City Hall Tenant Improvements 2015.
SCOPE OF WORK: Supply all materials and labor to remove, dispose of and replace all Ballast and LED
lamps on the main floor. Lighting replacement shall be Philips Lighting 16.5T8/24-4000 IF -6U 10/1 16.5W 40K
U -Bent 120-277. Ballast replacement shall be Philips Advance ICN -1P32 -N.
SCOPE OF THE AGREEMENT: This Agreement represents the entire and integrated agreement between
Contractor and Owner and supersedes all prior negotiations, representations, or agreements, either written or oral.
This Agreement may be amended only by written instrument signed by both Contractor and Owner. Neither the
rights nor duties of this Agreement may be assigned or delegated by a party without prior written consent of the
other party. -
BONDS: The Work is being conducted at a public office building. Contractor must be a licensed public works
contractor and comply with all applicable payment and performance bonding requirements.
SUBSTANTIAL COMPLETION: Contractor shall achieve Substantial Completion of the entire Work as
follows: Substantial Completion of the entire Work shall be achieved by May 9, 2015 with Final Completion and
Owner acceptance by May 15, 2015. Contractor shall be liable to the Owner for any delay beyond this time
period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be
liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed
as a penalty. _
15,845.00
This Agreement is comprised of the following documents
I. Proposal and Agreement to Contract Cover Sheet
2. Terms and Conditions of Proposal and Agreement to Contract
/3. Exhibit A : Engineered Structures, Inc., dba ESI Express BID PACKAGE document dated March 2, 2015
f moo— c✓ai / 1e-5 -`NC_
OWNER: OF MERIDIAN - CONTRACTOR
Mayor Tammy de Weerd
Attest:
City Clerk
B r
(Printed name and title
AGREEMENT TO CONTRACT
ARTICLE 1 THE WORK OF THIS CONTRACT
§ 1.1 The Contractor shall fully execute the Work described in the Contract Documents, except to the extent specifically indicated in the Contract
Documents to be the responsibility of others. The tern "Work" means the construction and services required by the Contract Documents, and
includes all other labor, materials, equipment and services provided, or to be provided, by the Contractor to fulfill the Contractor's obligations.
ARTICLE 2 DATE OF COMMENCEMENT
§ 2.1 The date of commencement of the Work shall be the date this Proposal and Agreement to Contract is executed by Owner, unless a different date
is stated in the Proposal and Agreement to Contract Cover Sheet.
ARTICLE 3 CONTRACT SUM
§ 3.1 Subject to additions and deductions in accordance with Article 8, the Contract Sum shall be the Total Bid amount stated in the Proposal and
Agreement to Contract Cover Sheet.
ARTICLE 4 PAYMENT
§ 4.1 The Owner shall make payment within thirty (30) days of receipt of Contractor's Application for Payment. Five (5) percent retainage shall be
withheld from each Application for Payment by Owner. Pending Final Acceptance and final determination of cost to the Owner, Contractor shall
submit Application for Payment for the withheld retainage amounts not in dispute.
ARTICLE 5INSURANCE AND INDEMNIFICATION
§ 5.1 Contractor shall indemnify and save and hold harmless Owner 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 Owner or its employees. Contractor shall maintain, and specifically agrees that it will maintain,
throughout the term of this Agreement, liability insurance, in which the Owner shall be named an additional insured in the minimum amounts as
follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars
($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance
shall not be deemed a limitation of the covenants to indemnify and save and hold harmless Owner; and if Owner becomes liable for an arnount in
excess of the insurance limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless Owner from and for all
such losses, claims, actions, orjudgments 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 Owner 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 Owner 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.
§ 5.2 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.
§ 5.3 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.
§ 5.4 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.
§ 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein.
§ 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or
subcontractors.
ARTICLE 6 INFORMATION AND SERVICES REQUIRED OF THE OWNER
§ 6.1 If requested by the Contractor, the Owner shall furnish all necessary surveys and a legal description of the site.
§ 6.2 The Owner shall obtain and pay for any and all necessary permits, fees, easements, assessments and charges — including tests, inspections and
approvals of the Work required by the Contract Documents or by laws, statutes, ordinances, codes, rules and regulations, or lawful orders of public
authorities.
§ 6.3 The Owner's Construction Manager will promptly interpret and decide matters concerning performance under, and requirements of, the
Contract Documents on written request from either the Contractor. Interpretations and decisions of the Owner's Construction Manager will be
consistent with the Contract Documents and will be in writing or in the form of drawings.
AGREEMENT TO CONTRACT
ARTICLE 7 CONTRACTOR
§ 7.1 The Contractor shall carefully study and compare the Contract Documents with each other and with information furnished by the Owner and
promptly report errors, inconsistencies or omissions discovered to the Owner's Construction Manager. It is recognized that the Contractor's review
is made in the Contractor's capacity as a contractor and not as a licensed design professional.
§ 7.2 The Contractor warrants to the Owner that: (1) materials and equipment furnished under the Contract will be new and of good quality unless
otherwise required or permitted by the Contract Documents; (2) the Work will be free from defects not inherent in the quality required or permitted;
and (3) the Work will conform to the requirements of the Contract Documents.
§ 7.3 Unless otherwise agreed in writing, the Contractor shall pay sales, consumer, use and similar taxes that are legally required when the Contract is
executed.
§ 7.4 The Contractor shall comply with and give notices required by agencies having jurisdiction over the Work. The Contractor shall promptly
notify the Owner's Construction Manager in writing of any known inconsistencies in the Contract Documents with such governmental laws, rules
and regulations. If the Contractor performs Work knowing it to be contrary to applicable laws, statutes, ordinances, codes, rules and regulations, or
lawful orders of public authorities, the Contractor shall assume full responsibility for such Work and shall bear the attributable costs unless, after
having notified the Owner or Owner's Construction Manager, either the Owner, Owner's Construction Manager or Authorities having jurisdiction
order or direct the Contractor to complete said Work.
§ 7.5 The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits, the Contract Documents and the Owner's
Construction Manager.
§ 7.6 The Contractor shall be responsible for cutting, fitting or patching required to complete the Work or to make its parts fit together properly.
§ 7.7 The Contractor shall keep the premises and surrounding area free from accumulation of debris and trash related to the Work. At the completion
of the Work, the Contractor shall remove its tools, construction equipment, machinery and surplus material; and shall properly dispose of waste
materials.
§ 7.8 All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance.
II 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.
ARTICLE 8 CHANGES IN THE WORK
§ 8.1 The Owner, without invalidating the Contract, may order changes in the Work within the general scope of the Contract consisting of additions,
deletions or other revisions, the Contract Sum and Contract Time being adjusted accordingly in writing. If the Owner and Contractor cannot agree to
a change in the Contract Sum, the Owner shall pay the Contractor its actual cost plus overhead and profit of fifteen percent (15%).
§ 8.1.1 If any changes contemplated by § 8.1 are to be performed by a related party, the Contractor shall notify the Owner of the identity of the
related party and the anticipated cost to be incurred, before any such transaction is consummated or cost incurred. If the Owner, after such
notification, authorizes the change, then the cost incurred shall be included as an actual cost and the Contractor shall procure the Work,
equipment, goods or service from the related party, as a Subcontractor. If the Owner frails to authorize the transaction, the Contractor shall
procure the Work, equipment, goods or service form some person or entity other than a related party. For purposes of this § 8.1.1, a `related
party" shall mean a parent, subsidiary, affiliate or other entity having common ownership or management with the Contractor.
§ 8.2 The Owner will have authority to order minor changes in the Work not involving changes in the Contract Sum or the Contract Time and not
inconsistent with the intent of the Contract Documents.
§ 8.3 If concealed or unknown physical conditions are encountered at the site that differ from those indicated in the Contract Documents or from
those conditions ordinarily found to exist, the Contract Sum and Contract Time shall be subject to equitable adjustment.
ARTICLE 9 TIME
§ 9.1 Time limits stated in the Contract Documents are of the essence of the Contract. If, however, the Contractor is delayed at any time in progress
of the Work by changes ordered in the Work, or by labor disputes, fire, unusual delay in deliveries, unavoidable casualties or other causes beyond the
Contractor's control, the Contract Time shall be subject to equitable adjustment.
ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY
§ 10.1 The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs, including all those
required by law in connection with performance of the Contract. The Contractor shall take reasonable precautions to prevent damage, injury or loss to
employees on the Work, the Work and materials and equipment to be incorporated therein, and other property at the site or adjacent thereto. The
Contractor shall promptly remedy damage and loss to property caused in whole or in part by the Contractor, or by anyone for whose acts the
Contractor may be liable.
ARTICLE 11 CLAIMS AND DISPUTES
§ 11.1 Prior to the initiation of any legal proceeding, the parties agree to submit all claims, disputes or controversies arising out of or in relation to the
interpretation, application or enforcement of this Agreement to non-binding mediation. Mediation shall be conducted under the auspices of the
American Arbitration Association or such other mediation service or mediator upon which the parties agree. The cost of Mediation shall be shared
equally. The party seeking to initiate mediation shall do so by submitting a written request to the other party to this Agreement within the period
specified by applicable law, but in any case not more than 1 year after the date of Substantial Completion of the Work. This Article shall survive
AGREEMENT TO CONTRACT
completion or termination of this Agreement. Contractor and Owner waive all claims and causes of action not commenced in accordance with this
Article 11.
ARTICLE 12 MISCELLANEOUS PROVISIONS
§ 12.1 The Owner shall bear cost of tests, inspections or approvals that do not become requirements until after the Contract is executed.
§ 12.2 The Contract shall be governed by the law of the State of Idaho.
§ 12.3 Either party may terminate this Agreement upon not less than ten (10) days' written notice should the other party fail substantially to perform
in accordance with the terms of this Agreement through no fault of the party initiating the termination.
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Power Plus, Inc =1
00001, 13850, 16000, 16700 11,4 AAA I ACTIVE I Power Plus, Inc.
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Details - License Number: PWC -C-10947
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Issue: 8/4/2014
Expire: 7/31/2015
Type: PUBLIC WORKS
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POWER PLUS, INC.
25 HARTMAN STREET
BOISE, ID 83704
Type of Business: CORPORATION, GENERAL BUSINESS
Status:
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State of Origin:
IDAHO
Date of 29 Jan 1993
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Meridian City Council Meeting
DATE: March 17, 2015
ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: APPROVAL OF PURCHASE
Approval of purchase of Miscellaneous Shop Tools and Equipment from MSC Direct for
the Not -To -Exceed amount of $54,127.95 and from Norco for the Not -to -Exceed
amount of $60,167.98 and Authorize the Purchasing Manager to sign the Purchase
Orders.
MEETING NOTES
N
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Memo
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Laurelei McVey
Date: 3-11-2015
Re: March 17, 2015 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
March 17th City Council Consent Agenda for Council's consideration.
Orders.
Recommended Council Action: Approval of purchase of Miscellaneous Shop
Tools and Equipment from MSC Direct for the Not -To -Exceed amount of
$54,127.95 and from Norco for the Not -to -Exceed amount of $60,167.98 and
authorize the Purchasing Manager to sign the Purchase Orders. Quotes were
solicited and received from various companies. This purchase of capital
equipment is part of the approved 2015 Budget, Wastewater Division
Enhancement #10.
Thank you for your consideration.
• Page 1
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Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 6H
PROJECT NUMBER: PP 14-019
ITEM TITLE: GRANTON SQUARE SUBDIVISION
Findings of Fact, Conclusions of Law for Approval: PP 14-019 Granton Square
Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove
Road and South of E. Ustick Road Request: Preliminary Plat Approval Consisting of
Twenty -Eight (28) Single Family Residential Lots and Seven (7) Common Lots on
Approximately 4.81 Acres in the Proposed R-8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
&MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17. 2015
ITEM NUMBER: 61
PROJECT NUMBER: AZ 14-015
ITEM TITLE: GRANTON SQUARE SUBDIVISION
Findings of Fact, Conclusions of Law for Approval: AZ 14-015 Granton Square
Subdivision by Granton Square Properties, LLC Located East Side of N. Locust Grove
Road and South of E. Ustick Road Request: Annexation of Approximately 5.13 Acres
from RUT in Ada County to the R-8 (Medium Density Residential) Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 6J
PROJECT NUMBER: FP 15-005
ITEM TITLE: HILL'S CENTURY FARM SUBDIVISION NO. 2
Final Order for Approval: FP 15-005 Hill's Century Farm Subdivision No. 2 by Brighton
Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting
of Fifty -Six (56) Building Lots and Nine (9) Common Lots on 19.78 Acres of Land in the R-
8 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
&MAILED.TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015
ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: SPONSORSHIP AGREEMENT
CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between
Biolife Plasma Services and the City of Meridian for a Not-fo-Exceed Amount of
$1,000.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CABLEcpmj '�
Movie Night
10 Meridian
Meridian Settlers Park
CABLEONE MOVIE NIGHT IN MERIDIAN
2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT
This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT
SPONSORSHIP AGREEMENT ("Agreement") is made on this 17 day of 1' l rch, 2015
("Effective Date"), by and between the City of Meridian, a municipal corporation organized
under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho
("City"), and Biolife Plasma Services, whose address is 4120 North Eagle Road, Boise, Idaho
83713 ("Sponsor"). For good and valuable consideration and in consideration of the mutual
promises and covenants herein contained, City and Sponsor agree as follows:
1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and
shall be recognized as, the Single -Night Sponsor of City's July 3151, 2015 and August 21",
2015 installments of the weekly summer CableONE Movie Night in Meridian event series.
As such, benefits insuring to Sponsor throughout the term of this Agreement shall include
those enumerated for Single -Night sponsors in the CableONE Movie Night in Meridian 2015
Sponsorship Packet, attached hereto as Exhibit A.
2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City one thousand
dollars ($1,000.00), which is equal to two (2) Single -Night sponsorships at five hundred
dollars ($500.00) each. In the event the Sponsor fails to pay this amount in full in a timely
manner as provided herein, City may terminate this Agreement in the manner therefor as set
forth herein. In the event that the CableONE Movie Night in Meridian program is
discontinued, or either sponsored showings are cancelled or shortened before Sponsor's
promotional video is shown, no portion of the amount prepaid shall be refundable, though
City shall issue a two hundred and fifty dollar ($250.00) credit for each cancelled or
shortened showing to Sponsor for redemption as a sponsor in the following season. City
shall make all decisions regarding scheduling. In the event that the CablcONE Movie Night
in Meridian program is discontinued, or the showing is cancelled or shortened after
Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable,
and no raincheck shall issue.
3. Promotion.
a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake
the promotional and advertising efforts enumerated for Single -Night Sponsors in the
CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit
A.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE I of 6
b. Promotional Item Limitations. The sale or distribution of any food, drink, or other
promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie
Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be
permitted without prior written permission from City. Such permission may be withheld
or revoked at any time and for any reason. City may also, at any time, require that
Sponsor discontinue the distribution of any promotional item that City deems to be
negatively impacting concessions sales or deems not to be appropriate.
c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any
time, any audio, video, or written material submitted, used, or created by Sponsor. Any
pre -approval by City shall not be considered a waiver of the right to revoke or edit any
such material during the term of this Agreement. Further, Sponsor warrants and
represents that, as to all content of the video pieces created or produced pursuant to this
Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless
City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses,
of any nature whatsoever, including attorneys' fees, for which the City may become
liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other
content, including but not limited to claims for libel, violation of privacy, plagiarism, or
copyright violations.
4. Term. The term of this agreement shall be from the Effective Date through September 1,
2015, unless earlier terminated by either patty by the method established herein.
5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night
in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie
showings during June, July, and August, but cancellation of any or all movie showings may
be necessary due to weather or other conditions or circumstances. City shall have sole
responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in
Meridian and all movies and activities related thereto, including any and all related activities
by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space,
the management and scheduling of which shall at all times be within the sole purview of
City. Any right or privilege granted to Sponsor by this Agreement shall include neither the
right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the
right to interfere with any person's concurrent, lawful use of Settlers Park where such
concurrent use does not conflict or interfere with Sponsor's use.
6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or
damage of any equipment, materials, or personnel used or employed by Sponsor in the
furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise
of the rights or the furtherance of the obligations described herein. Any and all insurance of
each party's respective property and personnel shall be the sole responsibility of that party.
Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's
insurable interests for Sponsor's rights and obligations described within this Agreement,
including, but not limited to, liability insurance, automobile insurance, worker's
compensation insurance, and/or property insurance.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6
7. Use of City's name, logo. City hereby conveys to Sponsor permission to use City's name
for purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided that
Sponsor shall not use City's logo for any purpose without the express, written permission of
the Mayor's Executive Assistant.
8. Termination.
a. Termination for cause. If either Party determines that the other has failed to comply
with any term or condition of this Agreement, violated any of the covenants, agreements,
and/or stipulations of this Agreement, engaged in any act of misconduct in the
performance of this Agreement; or if either Party willfully or negligently defaults in, or
fails to fulfill, its material obligations under this Agreement, the other Party shall have the
right to terminate the Agreement by giving written notice to the defaulting party of its
intent to terminate, and shall specify the grounds for termination. The defaulting party
shall have two (2) days after such notice is sent to cure the default. If the default is not
cured within such period, this Agreement shall be terminated upon written notice of such
termination by the terminating party.
b. No compensation upon termination. In the event of termination, neither Party shall be
entitled to compensation or damages for any equipment or materials provided pursuant to
this Agreement or obligations incurred in furtherance of the rights conveyed by this
Agreement.
9. Photography and recording. City shall be authorized to photograph, record, video tape,
reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all
related activities for educational and public information purposes. City shall not be
responsible for the actions of persons who are not under its employment or control,
10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent
contractor and not an employee, agent, joint venturer, or partner of City. Nothing in this
Agreement shall be interpreted or construed as creating or establishing the relationship of
employer and employee between Sponsor and City or between Sponsor and any official,
agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of
City. Sponsor shall retain the right to perform services for others during the term of this
Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance of
this agreement shall be made by City.
11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any
loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's
personal property or equipment, and to Sponsor's employees, agents, or volunteers arising
out of or resulting from the condition of City's real or personal property or any lack of
maintenance or repair thereon, and not caused by or arising out of the tortious conduct of
City or its employees. Sponsor further agrees to indemnify and hold City harmless from any
loss, liability, claim or action from damages or injuries to persons or property in any way
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6
arising out of or resulting from the use of City's real or personal property by Sponsor or by
Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the
tortious conduct of City or its employees or volunteers.
12. Waiver. Sponsor shall, and hereby does, waive any and all claims and recourse against City,
including the right of contribution for loss and damage to persons or property arising from,
growing out of, or in any way connected with or incident to Sponsor's performance of this
Agreement, whether such loss or damage may be attributable to known or unknown
conditions, except for liability arising out of the tortious conduct of City or its officers,
agents or employees.
13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income
realized as the result of activities undertaken pursuant or related to this Agreement.
14. Time of the essence. Sponsor acknowledges that services provided under this Agreement
shall be performed in a timely manner. The Parties acknowledge and agree that time is
strictly of the essence with respect to this Agreement, and that the failure to timely perform
any of the obligations hereunder shall constitute a breach of, and a default under, this
Agreement by the party so failing to perform.
15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with
any and all applicable federal, state, and local laws.
16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not
discriminate against any person as to race, creed, religion, sex, age, national origin, sexual
orientation or any physical, mental, or sensory handicap.
17. Entire Agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements made
by either party, or agents of either party, whether oral or written, whether previous to the
execution hereof or contemporaneous herewith. The terms of this Agreement may not be
enlarged, modified or altered except upon written agreement signed by both parties hereto.
18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect
or establish any right or remedy under the terms and conditions of this Agreement, the
prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as
determined by a court of competent jurisdiction, in addition to any other relief awarded.
19. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity,
interpretation, performance and enforcement of this Agreement. Venue shall be in the courts
of Ada County, Idaho.
20. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the
exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of
any other remedy.
MOviENIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6
21. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not
be affected.
22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or
responsibilities hereunder without the express written consent of City. Should Sponsor cease
to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall
be void.
23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless
otherwise stated in this Agreement, shall be in writing and shall be deemed communicated
upon sending an e-mail message, addressed as follows:
Sponsor:
Lauren Branch
lauren_brarich@baxter.com
City:
Colin Moss
emoss@meridiancity.org
Either party may change its e-mail address for the purpose of this paragraph by giving
written notice of such change in the manner herein provided.
24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of
hereof as if the exhibits were set forth in their entirety herein.
25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth
herein, he is duly authorized to act as the representative and agent of Sponsor. The
undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth
herein, and to accept the liabilities as established herein on behalf of Sponsor.
SPONSOR:
C�
4uthorizepresentative "1 ature
�J . YA ✓'4
Please Print Name
CITY OF MERIDIAN:
Im
Tammy dffeerd, Mayor
MOviE NIGHT SINGLE -NIGHT SPONSORSHIP
" Wkr ���•
Title
�. A3 //J -
Date f,Date
L�ATTEST:
_t> I
City 4
�.1TeR •��.r%
,EN�'EfVV`P
City Clerk
PAGE 5 of 6
Exhibit A
2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET
Single Night Sponsor
For $500 you will receive:
• Recognition as one event's sponsor in all promotional efforts for that event.
• The opportunity to promote your business or organization at your movie
night through product displays, sampling, demonstrations, etc. It is also
encouraged to organize activities that add to the appeal of your movie night.
Examples include bounce houses, live bands, games, raffles, etc.
• The opportunity to insert one (1) thirty (30) second advertisement into the
pre -movie video at your movie night.
• The opportunity to hang up to two (2) banners no wider than eight (8) feet
each around the seating area during your show. I Banners around seating area
must be free-standing. There will be no fences, trees, buildings, etc around
the seating area to hang your banner on.
• Your logo linked to your website on the City of Meridian website next to
your event's listing on the CableONE Movie Night in Meridian page.
• Your logo next to your event's listing on the CableONE Movie Night in
Meridian flyers that are distributed throughout the season.
MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6
Meridian City Council Meeting
DATE: March 17, 2015
ITEM TITLE: RESOLUTION NO.
ITEM NUMBER:
PROJECT NUMBER:
Resolution No. 15- - 10'50 : Declaring Surplus Property And Authorizing Donation
of Outmoded Tactical Equipment To The Keck School Of Medicine Of The University Of
Southern California
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: March 17, 2015 ITEM NUMBER: 7
PROJECT NUMBER:
ITEM TITLE:
Items Moved From Consent Agenda
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
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Meridian City Council Meeting
DATE: March 177 2015 ITEM NUMBER: 8A
PROJECT NUMBER: FP 15-006
ITEM TITLE: SOLTERRA NO. 2
FP 15-006 Solterra No. 2 by C 15, LLC Located Northeast Corner of E. Fairview Avenue
and N. Hickory Way Request: Final Plat Approval Consisting of Fifty -One (51) Single
Family Residential Lots and Six (6) Common Lots on Approximately 5.34 Acres in an R-
15 Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17. 2015
ITEM NUMBER:
PROJECT NUMBER: AZ 14-014
ITEM TITLE: SULAMITA CHURCH
Public Hearing Continued from March 3, 2015: AZ 14-014 Sulamita Church by
Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black
Cat Road: Annexation and Zoning of 9.76 Acres of Land with an 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 Meeting
DATE: March 17, 2015
ITEM TITLE: SULAMITA CHURCH
ITEM NUMBER:
PROJECT NUMBER: 14-019
Public Hearing Continued from March 3, 2015: CUP 14-019 Sulamita Church by
Architecture Northwest Located Southwest Corner of W. Cherry Lane and N. Black
Cat Road Request: Conditional Use Permit Approval to Develop a Church on
Approximately 8.47 Acres in the Proposed R-8 Zoning District
MEETING NOTES
f -B 04� 9�Y�
ab J
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: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER: AZ 15-001
ITEM TITLE: BELLABROOK EAST
Public Hearing: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust
Grove Road Request: Annexation and Zoning of 5.19 Acres of Land with an R-15
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: $E
PROJECT NUMBER: PP 15-001
ITEM TITLE: BELLABROOK EAST
Public Hearing: PP 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust
Grove Road Request: Preliminary Plat Approval Consisting of Nine (9) Buildable Lots,
Two (2) Common Lots and One (1) Other Lot on 5.14 Acres of Land in a Proposed R-15
Zoning District
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015
ITEM NUMBER:
PROJECT NUMBER: AZ 14-016
ITEM TITLE: NESTING SWAN RANCH
Public Hearing: AZ 14-016 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and
4620 S. Martinel Lane Request: Annexation and Zoning of 27.75 Acres of Land with an
R-8 Zoning District
MEETING NOTES
12.x "/ bd-ol(- k ��27—
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: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER: PP 14-018
ITEM TITLE: NESTING SWAN RANCH
Public Hearing: PP 14-018 Nesting Swan Ranch by Blossom 1, LLC Located 4617 and
4620 S. Martinel Lane Request: Preliminary Plat Approval Consisting of Thirty -One (31)
Building Lots and Seven (7) Common / Other Lots on 10.37 Acres of Land in a
Proposed 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 Meeting
DATE: March 17. 2015
ITEM TITLE: RESOLUTION
ITEM NUMBER:
PROJECT NUMBER:
Mayor's Office: Resolution No. /S - NQS( : A Resolution for the Appointment of
Robert Waldher to Seat 2 of the Meridian Transportation 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. / S — / 05(a
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN APPOINTING ROBERT WALDHER TO SEAT 2 OF THE MERIDIAN
TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Meridian City Code Title 2, Chapter 3 established the Meridian
Transportation Commission, its members and terms of their appointments; and
WHEREAS, Seat 2 of the Meridian Transportation Commission is currently vacant; and
WHEREAS, the City Council of the City of Meridian deems the appointment of Robert
Walder to Seat 2 of the Meridian Transportation Commission to be in the best interest of the
Meridian Transportation 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, effective March 17, 2015, Robert Waldher shall be appointed to Seat 2 of
the Meridian Transportation Commission, which term shall run through May 31, 2017, pursuant to
Meridian City Code Section 2-3-3.
Section 2. That this Resolution shall be in full force and effect immediately upon its
adoption and approval.
ADOPTED by the City Council of the City of Meridian, Idaho, this P day of March,
2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this I I day of March, 2015.
ATTEST:
M
Jaycee lVman, City Clerk
RESOLUTION APPOINTING WALDHER TO 7
"LD AU,,y "J _
9
c;tr or
FI IIjIAN*
ioano l
SLAL
de Weerd
PAGE I OF 1
E IDIAN-- Application to be Considered for
City -Appointed or Volunteer Positions
Position Applying for: O Parks &t Recreation Commission O Planning & Zoning Commission
O Meridian Arts Commission d Historical Preservation Commission 0 Transportation Commission
O Impact Fee Committee O Solid Waste Advisory Commission
O General Volunteer Position on Special Projects or Events as Needed (appointment not required)
Name: Robert WoAk r
Home Address::a'93(p W Keyid ric K
Telephone: )09 - Zi67 io90
E -Mail Address: '1robpr+. Waldlio.rr (a) k(ir-,
Occupation: layldSmpe, ay-ckii'ecf
Are you a resident of the City of Meridian? J�%, Yes O No
If not, do you live in Meridian's area of impact? O Yes O No
do you want to become
'!
Do you participate in any local service clubs or other organizations? 0 Yes d No
If so, please lists
What areas of city government are of most interest to you?
Have you participated in any level of volunteer government service in the past? JS Yes C1 No
If so, please list: Cl+y —( p.v� 7i, rp I� ��erS �A�JYLiop GUS
Do you understand the time commitment required to attend meetings and review/research data to make
recommendations? 0 YeYe/s� O No
Signature ( &L� DateT�%(rj
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
January 21, 2015
City of Meridian
Attn: Mayor Tammy de Weerd
33 E Broadway Ave
Meridian, ID 83642
bear Mayor de Weerd:
I am writing this letter to show my Interest for the recent Transportation Commission opening with the
City of Meridian. For the past tenyears I have been fortunate to call the Meridian community my home,
and like many young families, It Is where my wife and I have chosen to raise our children. I am excited to
be part of such a growing and vibrant community and am looking for ways to become more engaged
and give my time and talent back to the community. The Transportation Commission would be a great
opportunity for me to accomplish this objective.
I know that I would bring a unique vision and perspective to the Transportation Commission. As a
registered landscape architect I have an enthusiasm for developing spaces for the public to recreate and
enjoy, Including pathways and trails. I also have experience working on a number of transportation
related projects. For the past seven years l have been employed by HDR in Boise. During my time with
HDR I have had the opportunity to develop,streetscape and aesthetic designs for numerous roadways
and structures throughout the west, Including Idaho. My technical experience and familiarity with
transportation related projects would be an asset to the Commission. Here are some of the skill sets that
I would bring to the Commission::
• Understanding of trail and connectivity development * Knowledge about streetscape design
• Experience Interpreting city/county codes • Designer of transportation aesthetics
• Skilled at developing safe public spaces a Understanding of transportation Issues
Last year I,had the opportunity to hear you speak to my Leadership Meridian class. You spoke about the
real difference that was being made in the Meridian community at the local government level. Its my
goal to be involved in my local government and to be able to make a difference In my community.`I
know that the opportunity to be involved with the Transportation Commission would help me achieve
this goal.
Enclosed, you will find a copy of my application and resume. Please feel free to contact me by phone at
(208) 407-6805 or email at rwaldher@live.com. I look forward to hearing from you soon.
Sincerely,
Robert Waldher, RLA
robertwaldher•,2836 W Kendrick • Meridian, ID •'83646 • CELL.(208)'407-6805 - E-MAILrwaldher@live.com
robert waldher
2836W Kendrick .• Meridian, ID • 83646
.CELL (208) 407-6805 • E-MAIL rwaldher@live.com
OBJECTIVE To become more Involved In my local community and government by serving on City
of Meridian's Transportation Commission.
EDUCATION/ Bachelor of Arts, Landscape Architecture
REGISTRATIONS University of Idaho, Moscow, ID - May, 2005
Registered Landscape Architect, State of Idaho, No.16762
SKILLS • Effective leadership and organization skills:
• Interest In local government.
• Willingness to listen and be a team -player.
• Knowledge about public transportation and infrastructure.
• Experience creating public spaces.
• Strong public presentation skills.
WORK EXPERIENCE HDR Engineering, Inc. Boise, ID
Landscape Architect/Local Office Safety Coordinator, 2007 -Current
Responsible for landscape architecture and planning activities associated with'a diverse
set of regional projects related to transportation, natural resources, public facilities, and
parks and trails. Completed landscape and aesthetic designs for numerous streetscape
and Infrastructure projects. Prepared parks and trails master plans for local communities.
Gained valuable experience presenting and facilitating public workshops. As safety
coordinator, Implemented company -wide safety Initiatives and trainings for OSHA
compliance.
WRG Design Inc. Eagle, ID
Landscape Project Designer, 1005-2007
Designed detailed planting, Irrigation, and hardscape plans for large scale residential and
commercial developments. Worked closely with a diverse group of professionals
responsible for the complete design and delivery of projects, from conceptual stages
through Installation phase. Developed strong graphic and rendering skills used for
presentations, marketing and overall project design. Assisted with project bid sets, cost
estimates, and construction administration.
Landscapes by Design, Lewiston ID
Landscape Design/build, 2005
Provided clients with designs and consulting for residential and commercial projects.
Assisted with project estimates and bidding. Installed several landscapes, while learning
building practices and gaining hands-on experlence.
COMMUNITY Meridian Chamber of Commerce— Leadership Meridian, 2013 -present
ACTIVITIES University of Idaho Alumni Association, 2011 -present
Idaho Water Resources Association Member, 2010 -present
Idaho Envlronmental Forum Participant, 2009 -present
City of Boise—Open Space Matters Working Group, 2014•present
Boise Olmsted Group, 2005 -present
Habitat for Humanity and Boise Rescue Mlssion Volunteer, 2007-2013
robertwaldher • 2836 W Kendrick •.Meridian, ID • 83646• CELL(208)407 6805 •E-MAIL rwaldher@live.com
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 9B
PROJECT NUMBER:
ITEM TITLE: PUBLIC WORKS - BUDGET AMENDMENT
Public Works: Budget Amendment - Trimble GPS Purchase for the Not -to -Exceed
Amount of $23,339.00
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
C�WIERIDIAN*,-=--
Publ
D A H O
Works Department
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Matthew Hoffman, GIS Technician
DATE: 24 February 2015
Mayor Tammy de Weerd
CRy Council Members,
Charlie Rountree
Keith Bird
Joe Boston
Luke Cavener
Genesis Milam
David Zaremha
SUBJECT: Amendment to purchase GPS units for Inspection staff for the amount not to
exceed $23,339.00
I. RECOMMENDED ACTION
A. Move to:
1. Approve the amendment to purchase three Trimble GPS Units for Public
Works use, not to exceed the amount of $23,339.00.
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
Matthew Hoffman, GIS Technician 489-0382
Glen Petty, Inspector III 489-0357
Mike Pepin, Business Operations Manager 489-0355
III. DESCRIPTION
A. Background:
The Inspection staff conducts 95% of the data collection for Geographic
Information System (GIS) and Asset Management System. As the City and
Inspection staff grows, their data collection tools have not grown with them.
Currently, the Inspectors are forced to share three Global Positioning System
(GPS) units between six staff members. This causes conflict and missed data
collection opportunities. In the past six months, the Inspection staff has collected
over 2,280 different data points across 30 projects. These ranging from exposed
water pipe angles and fire hydrants to sewer manholes and clean outs. hi water
accounts alone in the past year, there were 1,192 meter installations, each
requiring the collection of GPS spatial and attribute data.
Page I of 3
B. Proposed Proiect
This proposal is not limited to one project, but rather the ongoing collection of
asset data for all of our projects now and in the future. The purchase of three
additional Trimble Geo 7x GPS units would equip each Inspector with the tools to
autonomously collect GPS data. The units would be utilized on private residential
development, commercial, and capital projects to collect and verify Public Works
infrastructure installations and upgrades.
C. Consultant Selection:
Through the data collection process and analyzing the number of features
collected for development, commercial, and capital projects, the Public Works
staff determined the need for these units is critical for daily operations. In 2014,
the Public Works Department loaded over 60 development projects into our GIS
system utilizing the GPS data provided by the Inspection staff. In March of this
year alone, there are seven projects to complete which require data collection.
We currently have a partnership with Trimble as they currently help GIS staff
maintain the current software and GPS units already in circulation. In addition,
this company is considered an industry standard when it comes to sub-meter/sub-
foot GPS units. Trimble falls under the GSA Department of Defense
Government contract price to which we gain a discounted government price on
units, software, and licensing.
GeoLine has been selected as our vendor as they are the regional vendor for
Trimble in the Northwest. The City of Meridian currently has a partnership with
GeoLine as well for our GPS field and desktop support.
IV. IMPACT
A. Strategic Impact:
This project is in direct alignment with two objectives within the Water Division
(WA -1 and WA -7), and a Wastewater objective (WW -3). WA -1 and WW -3
outlines the objective as: "Integrating an asset management system into all
operational areas". This starts with a location of our assets that are below, at the
surface, or above the ground. WA -7 outlines this objective as: "Develop a robust
preventative maintenance and replacement program for all aspects of our water
infrastructure." Preventative maintenance cannot occur without first
understanding where the assets are (via data collection) which assists in the
preventative maintenance planning to ensure uninterrupted service. If we cannot
see the asset, we cannot plan for it.
B. Service/Delivery hupact:
This amendment will improve the speed and quality of data collection for system
assets which will lead to increased operational efficiencies, improved planning
and subsequently, higher levels of service to our citizens.
Page 2 of 3
C. Fiscal Impact:
Project Costs
Trimble Geo 7x Series GPS Units (3 units @ $6,295.00) $18,885.00
TerraSync Pro Field Software Licenses (2 @ $1,165.00) $2,330.00
Upgrade existing Terra5ync Licenses (4 @ $531.00) +$2,124.00
Total $23,339.00
Project Funding
60-3200-54120 Electronics Expense $18,885.00
60-3200-53360 Software Licenses $4,454.00
V. ALTERNATIVES
The alternatives to this project are as follows:
1. Do nothing. Use the current number of Trimble units.
a. The result of no action will lead to a reduced effectiveness within the
GIS and Asset Management processes, prolonging the need to collect
important data points for planning, operational and maintenance
purposes.
b. No action would also significantly handicap the ability to achieve
core Strategic Plan objectives within the planned timeframe.
c. Inspection staff would be required to make unnecessary trips across
the City to define the location of assets leading to an increased cycle
time for new development approval and processing.
2. Submit an enhancement for Fiscal Year 2016.
a. By prolonging the need for additional equipment, the backlog of GPS
data points will only grow larger making it difficult to catch up.
b. Additional costs would be incurred as the current collection process is
not efficient or productive.
VI. TIME CONSTRAINTS
We are currently entering the busiest time of year for new development which
requires a great deal of data collection and processing into the GIS system.
Purchasing additional Trimble GPS units will assist in the operational needs of the
process to ensure lower cycle times for our development partners and accurate
information for our internal operations.
VII. LIST OF ATTACHMENTS
A. GeoLine Quote
Approved for Council Agenda:
Date
Page 3 of 3
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GeoLine, Inc.
Pacific Northwest Technology Leaders in Survey, Mapping, and Construction Solutions
G o' Line www.geoline.com
Cii ire Quotation
Rep: Eric Stricker eric.stricker@geoline.com Phone: 208.863.8035 Quote U: ES030615-MERIDIAxxxxxx
N
PO #: Billing Information
email:
Company: Phone:
Address:
Attn:
City: State: Zip: Payment Type:
Company: City of Meridian, Public Works Department
Address: 33 E. Broadway Ave., Suite 200
City: Meridian State: Idaho Zip: 83642
1
2
3
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8
9
30
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88180-02 Trimble Geo 7X handheld (Floodlight, NMEA)-WEHH 6.5
45955 -VG TerraSync Professional software -
45955-95 TerraSync Professional field software update
Note: Serial Number of TerraSync software to be transferred and
upgraded must be provided with Purchase Order.
We have in stock and can ship right away)
No Shipping & Handling chargesl
Quote valid for 30 days, please call or email for a revised quote
All shipping and handling included
Please email or FAX all purchase orders (hard copies not needed(
Taxes not included
Quote Validation Start Date: March 6, 2015
Please place purchase order to:
GeoLine, Inc.
13218 NE 20th St., Suite 400
Bellevue, WA 98005
Please reference State Contract #07812
Phone: 208-898-5500
Attn: MattHoffman
Ship Via:
6,995.00 6,295.00 3 18,885.00
1,295.00 1,165.00 2 2,330.00
590.00 531.00 4 2,124.00
Sub Total $23,339.00
Trade In Discount
Shipping
Total $23,339.00
Direct all Inquiries to:
Eric Stricker
email: erlc.stricker@geoline.com
phone: 208.863.8035
toll-free: 800.523.6408
Fax: 425.452.2701
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: COMMUNITY DEVELOPMENT
COMMUNITY DEVELOPMENT: Review and Approve City Roadway, Intersection and
Community Program Project Priorities for 2015
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: March 17, 2015
ITEM NUMBER: 9D
PROJECT NUMBER:
ITEM TITLE: FIRE DEPARTMENT REPORT
Fire Department Report: The Compliance Engine - Web -based software for reporting
results of required inspections to Meridian Fire Department
MEETING NOTES
M
k
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: March 17, 2015 ITEM NUMBER: 9E
PROJECT NUMBER:
ITEM TITLE: FIRE DEPARTMENT - AGREEMENT
Fire Department: Agreement with Brycer, LLC for The Compliance Engine
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
BRYCER,LLC
4355 Weaver Parkway Suite 100
Warrenville IL 60555
Maroh 17, 2015
Meridian Fire Department
33 E Broadway Ave
Meridian, ID 83642
Attn: Fire Chief Mark Niemeyer
Re: "The Compliance Eneine"
We look forward to providing you with "The Compliance Engine" (the "Solution"). This
proposal letter provides the basic terms by which Brycer, LLC ("Brycer") will provide you, the Meridian
Fire Department ("Client"), with the Solution. The use of the Solution and all matters between Brycer
and Client will be subject to the standard "Terms and Conditions" attached to this proposal as Exhibit A.
The basic terms are as follows:
1. Term: Brycer will provide Client with the Solution for three years, commencing
Man" 1-7,2,o1S (the "Initial Term"). Thereafter, the Term shall automatically renew for
successive three year period unless terminated by Brycer or Client in writing at least 90 days prior to the
expiration of the then current Term (each, a "Renewal Term" and together with the Initial Term, the
"Term"). Following the expiration or termination of the Term (as provided in the Terms and Conditions),
Client shall stop using the Solution; provided, however, Brycer shall make available, and Client shall
have the right to download, Client's data from the Solution for a period of 30 days after the expiration or
termination of the Term. Client shall have the right to terminate this agreement upon giving 90 days
written notice to Brycer.
2. Fees: Client shall not pay any fees for use of the Solution.
3. Brycer Responsibilities: During the Term, Brycer shall be responsible for the following
in connection with Client's use of the Solution:
Availability. Brycer shall make the Solution available to Client as set forth on Exhibit B.
The maintenance schedule and minimum service levels for the Solution are set forth on
Exhibit B.
Service Level. Brycer shall provide commercially reasonable levels of customer service
with respect to the Solution to all third parties who transact business with Client and
access the Solution.
Backup. Brycer shall backup the database used in connection with the Solution to a
separate server located within the same web hosting firm which the Solution is being
hosted on a real time basis. Upon request by Client (which can be no more than once a
month) or made prior to or within 60 days after the effective date of termination of the
Term, Brycer will make available to Client a complete and secure (i.e. encrypted and
appropriately authenticated) download file of Client data in XML format including all
schema and attachments in their native format. Brycer shall maintain appropriate
administrative, physical and technical safeguards for protection of the security,
confidentiality and integrity of Client data. Brycer shall not (a) modify Client data or (b)
disclose Client data except as required by law.
1180293/4/13399.000
• Retention of Information. Brycer will maintain all information entered into the database
by third party inspectors for at least five (5) years from the time such information is
entered into the database. Information older than (5) years may be archived and available
within 24hrs per request. No information will be removed without approval by the Client
• Notices. Brycer will be responsible for generating and delivering the following notices to
third parties in connection with the Solution: (a) reminders of upcoming inspections that
are due; (b) notices that an inspection is past due; and (c) notices of completed inspection
reports which contain one or more deficiencies.
• Updates and Enhancements. In the event Brycer releases any updates, corrections, or
enhancements to the Solution during the Term, Brycer shall promptly provide such
updates or corrections to Client free of any charge or fee.
4. Client Responsibilities: During the Term, Client shall be responsible for the following
in connection with Client's use of the Solution:
• Operating System. Client shall be solely responsible for providing a proper operating
environment, including computer hardware or other equipment and software, for any
portion of the Solution installed on the Client's equipment (the "Client Access Software")
and for the installation of network connections to the Internet. In addition to any other
Client Access Software requirements, Client must use version Internet Explorer 7.0,
Firefox version 3, Chrome 2 or Safari 4 (or more recent versions), in addition to having a
.pdf reader installed on machines to view attachments.
• Training. Client shall allow Brycer at Client's facilities to train all applicable personnel
of Client on the use of the Solution.
• Information. Client shall promptly provide Brycer with all appropriate information
necessary for Brycer to create the database for the Solution, including without limitation:
(a) all commercial building addresses within the Meridian Fire Department's jurisdiction
for Brycer's initial upload; and (b) quarterly updates to a format acceptable to Brycer in
its discretion.
• Enforcement. Client shall take all actions necessary to require in writing (e.g. resolution,
ordinance, fire policy, code amendment) the use of the Solution by third party inspection
companies.
• Reports. Client will require all compliant and deficient test results to be submitted.
Please acknowledge your acceptance of this proposal and our standard Terms and Conditions by
counter -signing this proposal below. We look forward to a long-term and mutually beneficial relationship
with you.
Acknowledged and Agreed to this
Mday of _ /`. , 20_1_�):
City of Meridian
33 E Broadway Ave
Meridian, ID 83642✓��%�'cGC��
By:
Its: Mayor
1180293/4/13399.000
Brycer, LLC
By: Bryan Schultz
Its: Managing Director
Exhibit A
Terms and Conditions
Any capitalized terms not defined in these Terms and Conditions shall have the meaning assigned to it in that certain Letter
Agreement attached hereto by and between Brycer, LLC and Client (the "Agreement).
2.
Restrictions on Use. Client shall not copy, distribute, create
derivative works of or modify the Solution in any way. Client
agrees that: (a) it shall only permit its officers and employees
(collectively, the "Authorized Users") to use the Solution for the
benefit of Client; (b) it shall use commercially reasonable
efforts to prevent the unauthorized use or disclosure of the
Solution; (c) it shall not sell, resell, rent or lease the Solution;
(d) it shall not use the Solution to store or transmit infringing or
otherwise unlawful or tortious material, or to store or transmit
material in violation of third party rights; (e) it shall not
interfere with or disrupt the integrity or performance of the
Solution or third -party data contained therein; and (t) it shall not
reverse engineer, translate, disassemble, decompile or otherwise
attempt to create any source code which is derived from the
Solution. Client is responsible for all actions taken by the
Authorized Users in connection with the Solution.
Proprietary Rights. All right, title and interest in and to the
Solution and any and all derivative works or modifications
thereof (the "Derivative Works"), and any accompanying
documentation, manuals or other materials used or supplied
under this Agreement or with respect to the Solution or
Derivative Works (the "Documentation"), and any
reproductions works made thereof, remain with Brycer. Client
shall not remove any product identification or notices of such
proprietary rights from the Solution. Client acknowledges and
agrees that, except for the limited use rights established
hereunder, Client has no right, title or interest in the Solution,
the Derivative Works or the Documentation.
Independent Contractor. Nothing in the Agreement may be
construed or interpreted as constituting either party hereto as the
agent, principal, employee or joint venturer of the other. Each
of Client and Brycer is an independent contractor. Neither may
assume, either directly or indirectly, any liability of or for the
other party. Neither party has the authority to bind or obligate
the other party and neither party may represent that it has such
authority.
4. Reservation of Rights. Brycer reserves the right, in its sole
discretion and with prior notice to Client, to discontinue, add,
adapt, or otherwise modify any design or specification of the
Solution and/or Brycer's policies, procedures, and requirements
specified or related hereto. All rights not expressly granted to
Client are reserved to Brycer, including the right to provide all
or any part of the Solution to other parties.
5. Use of Logos. During the term of this Agreement, Brycer shall
have the right to use Client's logos for the purpose of providing
the Solution to Client.
6. Confidential Information. Brycer and Client acknowledge and
agree that in providing the Solution, Brycer and Client, as the
case may be, may disclose to the other party certain
confidential, proprietary trade secret information ("Confidential
Information"). Confidential Information may include, but is not
limited to, the Solution, computer programs, flowcharts,
diagrams, manuals, schematics, development tools,
specifications, design documents, marketing information,
financial information or business plans. Each party agrees that
it will not, without the express prior written consent of the other
party, disclose any Confidential Information or any part thereof
to any third party. Confidential Information excludes
information: (a) that is or becomes generally available to the
1180293/4/13399.000
public through no fault of the receiving party; (b) that is
rightfully received by the receiving party from a third party
without limitation as to its use; or (c) that is independently
developed by receiving party without use of any Confidential
Information. At the termination of this Agreement, each party
will return the other party all Confidential Information of the
other party. Each party also agrees that it shall not duplicate,
translate, modify, copy, printout, disassemble, decompile or
otherwise tamper with any Confidential Information of the other
party or any firmware, circuit board or software provided
therewith. Notwithstanding the foregoing, the parties
acknowledge that Client shall be permitted to comply with any
all federal and state laws concerning disclosure.
7. Brycer Warranty. Brycer represents and warrants to Client that
Brycer has all rights necessary in and to any patent, copyright,
trademark, service mark or other intellectual property right used
in, or associated with, the Solution, and that Brycer is duly
authorized to enter into this Agreement and provide the Solution
to Client pursuant to this Agreement.
Disclaimer. All information entered into Brycer's database is
produced by third party inspectors and their agents.
THEREFORE, BRYCER SPECIFICALLY DISCLAIMS
ANY REPRESENTATION OR WARRANTY AS TO THE
ACCURACY OR COMPLETENESS OF ANY
INFORMATION ENTERED INTO BRYCER'S
DATABASE BY EITHER CLIENT OR 'THIRD PARTY
INSPECTORS. EXCEPT AS SET FORTH IN SECTION 7,
BRYCER MAKES NO OTHER WARRANTY, EXPRESS
OR IMPLIED, WITH RESPECT TO THE SOLUTION OR
ANY OTHER INFORMATION AND ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED,
ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. BRYCER'S SOLE LIABILITY
FOR BREACH OF THE REPRESENTATION AND
WARRANTY SET FORTH IN SECTION 7, AND
CLIENT'S SOLE REMEDY, SHALL BE THAT BRYCER
SHALL INDEMNIFY AND HOLD RECIPIENT
HARMLESS FROM AND AGAINST ANY LOSS, SUIT,
DAMAGE, CLAIM OR DEFENSE ARISING OUT OF
BREACH OF THE REPRESENTATION AND
WARRANTY.
LIMITATION ON DAMAGES. EXCEPT AS
OTHERWISE PROVIDED IN SECTION 71 IN NO EVENT
SHALL BRYCER BE LIABLf FOR OR OBLIGATED IN
ANY MANNER FOR SPECIAL, CONSEQUENTIAL, OR
INDIRECT DAMAGES, INCLUDING, BUT NOT
LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR
SYSTEM DOWNTIME. CLIENT ACKNOWLEDGES
AND AGREES THAT IN NO CASE SHALL BRYCER'S
LIABILITY FOR ANY LOSS OF DATA OR DATA
INTEGRITY EXCEED THE REPLACEMENT COST OF
THE MEDIA ON WHICH THE DATA WAS STORED.
10. Risks Inherent to Internet Client acknowledges that: (a) the
Internet is a worldwide network of computers, (b)
communication on the Internet may not be secure, (c) the
Internet is beyond the control of Brycer, and (d) Brycer does not
own, operate or manage the Internet. Client also acknowledges
that there are inherent risks associated with using the Solution,
including but not limited to the risk of breach of security, the
risk of exposure to computer viruses and the risk of interception,
distortion, or loss of communications. Client assumes these
risks knowingly and voluntarily and indemnifies and holds
Brycer harmless from all liability from all such risks. Not in
limitation of the foregoing, Client hereby assumes the risk, and
Brycer shall have no responsibility or liability of any kind
hereunder, for: (1) errors in the Solution resulting from misuse,
negligence, revision, modification, or improper use of all or any
part of the Solution by any entity other than Brycer or its
authorized representatives; (2) any version of the Solution other
than the Then-cunent unmodified version provided to Client; (3)
Client's Failure to timely or correctly install any updates to the
Client Access Software; (4) problems caused by connecting or
failure to connect to the Internet; (5) failure to provide and
maintain the technical and connectivity configurations for the
use and operation of the Solution that meet Brycer's
recommended requirements; (6) nonconformities resulting from
or problems to or caused by non-Brycer products or services; or
(7) data or data input, output, accuracy, and suitability, which
shall be deemed under Client's exclusive control.
11. Indemnity. Brycer (the "Indemnifying Party") will defend and
indemnify the non -indemnifying party against any damages,
losses, liabilities, causes of action, costs or expenses (including
reasonable attorneys' fees) arising from the Indemnifying
Parry's breach of this Agreement, gross negligence or
intentional misconduct. Client will hold Brycer harmless against
any damages, losses, liabilities, costs or expenses, claims,
demands, suits or proceedings made or brought against Brycer
by a third party in connection with Client's or an Authorized
User's use of the Solution, or any action or inaction taken by a
third parry, including, but not limited to, third party inspectors,
in connection with such third party providing services for Client
or otherwise at Client's or an Authorized User's request or
direction.
12. Breach. Brycer shall have the right to terminate or suspend this
Agreement, and all of Client's rights hereunder, immediately
upon delivering written notice to Client detailing Client's
breach of any provision of this Agreement. If Client cures such
breach within 5 days of receiving written notice thereof, Brycer
shall restore the Solution and Client shall pay any fees or costs
incurred by Brycer in connection with the restoration of the
Solution.
13. Illegal Payments. Client acknowledges and agrees that it has
not received or been offered any illegal or improper bribe,
kickback, payment, gift or anything of value from any employee
or agent of Brycer in connection with the Agreement.
14. Beneficiaries. There are no third party beneficiaries to the
Agreement.
15. Force Maieure. Neither party shall be responsible for any
failure to perform due to unforeseen, non-commercial
circumstances beyond its reasonable control, including but not
limited to acts of Cod, war, riot, embargoes, acts of civil or
military authorities, fire, floods, earthquakes, blackouts,
accidents, or strikes. In the event of any such delay, any
applicable period of time for action by said party may be
deferred for a period of time equal to the time of such delay.
16. Notices. All notices required in the Agreement shall be
effective: (a) if given personally, upon receipt; (b) if given by
facsimile or electronic mail, when such notice is transmitted and
confirmation of receipt obtained; (c) if mailed by certified mail,
1180293/4/13399.000
postage prepaid, to the last known address of each party, three
business days after mailing, or (d) if delivered to a nationally
recognized overnight courier service, one business day after
delivery.
17. Assignment. The Agreement may not be assigned or transferred
by either party without the prior written consent of the other
and any purported transfer in violation of this section shall be
null and void. The Agreement shall be binding upon and more
to the benefit of the parties thereto and their respective
successors and representatives.
18. JURISDICTION AND VENUE. THE AGREEMENT SHALL
BE GOVERNED BY, CONSTRUED AND INTERPRETED IN
ACCORDANCE WITH, AND ENFORCEABLE UNDER,
THE LAWS OF THE STATE OF IDAHO APPLICABLE TO
CONTRACTS MADE IN IDAHO AND THAT ARE TO BE
WHOLLY PERFORMED IN IDAHO WITHOUT
REFERENCE TO THE CHOICE -OF -LAW PRINCIPLES OF
IDAHO, THE PARTIES IRREVOCABLY AGREE THAT
ALL ACTIONS OR PROCEEDINGS IN ANY WAY,
MANNER OR RESPECT ARISING OUT OF OR FROM OR
RELATED TO THE AGREEMENT SHALL BE LITIGATED
ONLY IN COURTS LOCATED WITHIN THE CITY OF
MEDIAN, STATE OF IDAHO. THE PARTIES HEREBY
CONSENT AND SUBMIT TO THE EXCLUSIVE
JURISDICTION OF ANY LOCAL, STATE OR FEDERAL
COURT LOCATED WITHIN SAID CITY AND STATE. THE
PARTIES HEREBY WAIVE ANY RIGHTS THEY MAY
HAVE TO TRANSFER OR CHANGE VENUE OF ANY
SUCH ACTION OR PROCEEDING ARISING OUT OF OR
RELATING TO THIS AGREEMENT. THE PARTIES
WAIVE ANY RIGHT TO TRIAL BY JURY ON ANY
ACTION OR PROCEEDING TO ENFORCE OR DEFEND
ANY RIGHTS UNDER THE AGREEMENT, AND AGREE
THAT ANY SUCH ACTION OR PROCEEDING SHALL BE
TRIED BEFORE A COURT AND NOT BEFORE A JURY.
19. Attorneys' Fees. The prevailing party in any proceeding in
connection with the Agreement shall be entitled to recover from
the non -prevailing party all costs and expenses, including
without limitation, reasonable attorneys' and paralegals' fees
and costs incurred by such party in connection with any such
proceeding.
20. Entire Agreement. The Agreement sets out the entire agreement
between the parties relative to the subject matter hereof and
supersedes all prior or contemporaneous agreements or
representations, amt or written.
21. Amendment. The Agreement may not be altered or modified,
except by written amendment which expressly refers to the
Agreement and which is duly executed by authorized
representatives of both parties. The waiver or failure by either
party to exercise or enforce any right provided for in the
Agreement shall not be deemed a waiver of any further right
under the Agreement. Any provision of the Agreement held to
be invalid under applicable law shall not render the Agreement
invalid as a whole, and in such an event, such provision shall be
interpreted so as to best accomplish the intent of the parties
within the limits of applicable law. The Agreement may be
executed by facsimile and in counterparts, each of which shall
be deemed an original, and all of which together shall constitute
one and the some instrument.
22. Expiration. The rights and obligations contained in these Terms
and Conditions shall survive any expiration or termination of
the Agreement.
Compliance Engine presentation for recommended adoption
BACKGROUND/NEED IDENTIFIED
• Testing requirements for hood systems found in IFC; Testing recommendations for alarm panels
and sprinkler systems found within NFPA 72 referenced by the IFC
• Reporting/records retention requirements found in IFC and NFPA 72 RECEIVED
• Current inspection timelines: is MAR a ��,3
o Sprinkler system inspected annually
o Fire Alarm system inspected annually a�:::�
Mw
o Hood system inspected twice/year RKS OFFICE
• FEDS (Fire Equipment Dealers) and AHJ (Authority Having Jurisdiction) agree a reporting tool
that connects FEDS to AHJ needs to be implemented to ensure proper communication and
compliance with regards to the testing and repair of alarm systems, sprinkler systems, and
commercial cooking hood systems
• Fire Departments have historically been re -active in ensuring compliance; need identified for a
pro -active solution
PRESENTATIONS DONE
• August and December 2013 to FEDS (Fire Equipment Dealers)
• March 2014 to FEDS and Property Owners (over 40 in attendance)- Agreed on the need for 3`"
party reporting tool
• April and August 2014 to IFPF (Idaho Fire Protection Forum)- Agreed on the need for P party
reporting tool
• November 2014- City Council
• February 18th 2014- Presentation to FEDS on alternate solution. Concerns:
o Two versions- PING and SONAR- PING basic package that mirrors what is currently free
with a current compliance of approximately 259/o, SONAR full version for higher cost -
somewhat comparable to Compliance Engine
o Many functions notable to be demonstrated for AHJ needs- automatic notification,
dashboard, etc.
o "Appearance" of conflict with Taylor Brothers
o Software tool not currently being used anywhere- Beta test site not desirable
COMPLIANCE ENGINE RECOMMENDATION POINTS
• No cost to the City; requires no IT support- program is web -based
• Tool is proven: Compliance Engine has been in operation for 4 years
• Compliance Engine used in 37 States; roughly 1000 AHJ's using; Los Angeles County recently
signed on
• 1 %: year project has been in collaboration with Nampa and Boise to ensure consistency among
AHJ's; benefits FEDS by requiring one consistent tool standard for reporting (Deputy Chief
Jervais Boise Fire and Deputy Fire Marshall Johnson Nampa Fire)- all are in agreement with
Compliance Engine as the adopted reporting tool
• Consistent pricing that is fair to all FEDS regardless of size: set pricing for 3 years of contract.
Contract can be opted out of with 90 day's notice.
Compliance Engine Points— March 2015
• Automated 30 -day advanced notices to building owners on AHJ letterhead
• Tracks & clears deficiencies automatically
• Auto alerts by email critical fails
• Is compatible with Mobile Eyes to ensure proper/standardized addressing and occupancy data
• Has a very functional dashboard that allows AHJ to easily monitor compliance and repairs
ACCESS/SECURITY
• AHJ has access to all records
• FED has access only to their client information
• Building owner can request records through AHJ
COST
• $10 per system per address (FED to determine cost allocation based on their business
model/plan)
• Example: McDonald's who has an alarm system, a sprinkler system, and a hood system
o Annual Sprinkler system test- $10
o Annual Alarm system test- $10
o Bi -annual hood system test- $10 x2
o TOTAL COST ANNUALLY FOR McDonalds = $40
ENDORSEMENTS
• Currently endorsed by the Western Fire Chiefs Association (see announcement below)
Dashboard for ease of tracking compliance:
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Compliance Engine Points— March 2015
Brycer & Western Fire Chiefs Association Partner
to Deliver Life Safety
Posted on October 1. 2013
Published by Daily Dispatch: 10/01/2013
author: Jeffrey D. Johnson, CEO, Western Fire Chiefs Association
®The Western Fire Chiefs Association (WFCA) is excited to announce a strategic
partnership with The Compliance Engine (TCE), powered by Brycer LLC. Code compliance is a critical
component of Fire Prevention in terms of reducing risk for our communities and fellow firefighters. In light
of the greater demands for all of us to do more for life safety with fewer resources, we, of the Western
Fire Chiefs Association, are confident this innovative service, which is zero cost to AHJs, will revolutionize
your approach to code compliance and risk reduction.
The Compliance Engine is a simple, Internet based tool for Fire Prevention Bureaus to track and drive
code compliance, reduce false alarm activity, and provide a safer community. It provides a secure cloud
environment in which third party contractors that inspect, test, and maintain fire protection systems, can
submit their reports via Brycer's web portal direct to the Authority Having Jurisdiction, facilitating a more
efficient review, tracking, and follow-up process with occupants to correct deficiencies and maintain
systems. Brycer also provides a proactive service, in addition to the web -based technology, that includes
hard and soft copy notifications to help increase testing and maintenance activity in a given jurisdiction.
The end result is a comprehensive and accurate aggregation of data around which buildings have what
types of systems, when they were last tested, and if there are any open deficiencies that could jeopardize
their successful deployment in the event of an incident. With The Compliance Engine, Fire Prevention
Bureaus will be better equipped in their mission to drive 100% code compliance with life safety laws.
As a result of this strategic partnership, WFCA wishes to help Brycer increase awareness of their
technology and service. The purpose of this agreement is to ensure access to the latest technology
benefiting fire officials.
Chief Jeffrey D. Johnson (Ret.)
CEO, Western Fire Chiefs Association
Compliance Engine Points — March 2015
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: RESOLUTION NO.
Resolution no. 15- IbS] Adopting an Administrative Policy of the Meridian Fire
Department Regarding Approved Method of Transmitting Records of Inspections
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. 157 0
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF
MERIDIAN, ADOPTING AN ADMINISTRATIVE POLICY OF THE MERIDIAN FIRE
DEPARTMENT REGARDING APPROVED METHOD OF TRANSMITTING RECORDS OF
INSPECTIONS TO MERIDIAN FIRE DEPARTMENT; AUTHORIZING THE FIRE CHIEF
TO CARRY OUT SUCH POLICY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to International Fire Code ("IFC") sections 107.2.1 and 107.2.2, as
adopted by Meridian City Code section 10-4-1, the Fire Chief requires that records of required tests,
inspections, and reinspections be filed with the Fire Chief;
WHEREAS, the Fire Chief is authorized by IFC section 104.1, adopted as amended by
Meridian City Code section 10-4-2, to adopt procedures to facilitate the application of the provisions of
the IFC;
WHEREAS, the Fire Chief finds the Internet -based service known as Compliance Engine to be
a reliable, secure, easy to use, cost-effective, responsive website that will facilitate inspectors' and
property owners' compliance with City Code; and
WHEREAS, the Mayor and City Council find that it is in the best interest of the safety and
welfare of the people of Meridian to adopt and effectuate the Administrative Policy attached hereto as
Exhibit A;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the Administrative Policy attached hereto as Exhibit is hereby adopted and
effectuated by the Mayor and City Council of the City of Meridian.
Section 2. That the Fire Chief is authorized to carry out said Administrative Policy.
Section 3. That this Resolution shall be in full forceand effect
immediately upon its passage.
ADOPTED by the Meridian City Council this DeY day of1 YI 1,/1AW/�2015.
APPROVED by the Mayor of the City of Meridian, Idaho, this �� ! da— y of 2015.
APPROVED: Y ATTEST:
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Tammy eerd, MayorE TD. o ee olman, City Clerk
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RESOLUTION ADOPTING MFD ADMINISTRATIVE POLICY ESTABLISHING
METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page I of 3
EXHIBIT A
RESOLUTION ADOPTING MFD ADMINISTRATIVE POLICY ESTABLISHING
METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page 2 of 3
�E IDIAN�--
IDAHO
Meridian Police Department
ADMINISTRATIVE POLICY
SUBJECT: Approved method of transmitting test and inspection records to Meridian Fire
Department
PURPOSE: To establish the approved method of transmitting records of required tests,
inspections, and reinspections to the Meridian Fire Department as required by
International Fire Code sections 107.2.1 and 107.2.2, as adopted by Meridian City Code
section 10-4-1.
POLICY: The Fire Chief finds Compliance Engine to be a reliable, secure, easy to use, cost-
effective, responsive, Internet -based service that will facilitate property owners' and
inspectors' submission of required test, inspection, and reinspection records and
compliance with City Code. For these reasons, the Fire Chief designates Compliance
Engine to be the method by which records of required tests and inspections are to be
transmitted to the Meridian Fire Department where such transmission is required by the
IFC and/or City Code.
RESOLUTION ADOPTING MOD ADMINISTRATIVE POLICY ESTABLISHING
METHOD OF TRANSMITTING REQUIRED TEST AND INSPECTION RECORDS Page 3 of 3
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: FIRE DEPARTMENT AND LEGAL DEPARTMENT - MOU
Fire Department and Legal Department: Memorandum of Understanding and
Agreement between the City of Meridian and the Meridian Rural Fire Protection
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
r .
MEMORANDUM OF UNDERSTANDING AND AGREEMENT
WHEREAS, a certain agreement entitled the "CITY OF MERIDIAN/
MERIDIAN RURAL FIRE PROTECTION DISTRICT FIREFIGHTING AND LIFE
PRESERVATION SERVICE CONTRACT AND JOINT EXERCISE OF POWER
AGREEMENT" (the "Agreement") exists between the City of Meridian (the "City") and
the Meridian Rural Fire Protection District ("District"); and
WHEREAS,pursuant to the Agreement,the District pays a fee (the "Contract
Service Fee")to the City for the protection of property, both real and personal, against
fire and for life preservation services, which includes those services a fire protection
district, in the state of Idaho, is authorized to and does provide (the "Fire and Life
Protection Services"); and
WHEREAS, associated to the Contract Service Fee and the Fire and Life
Protection Services, the City provides, Administrative Division Manager of Meridian Fire
Department, certain administrative services and functions specific to, for and on behalf of
the District to include, but not limited to the following (collectively the "Administrative
Tasks"):
• Developing and posting the District's meeting notices and agendas;
• Preparing and distributing the District's meeting minutes;
• Assisting in preparation of the District's budget and ensuring proper
postings and hearing notices;
• Preparing and filing for the District's elections;
• The District's Monthly invoice accounting;
• The District's filing, record keeping, and records retention;
• The District's mailings;
• Receiving and accounting for fees and/or donations to the District;
• Obtain training, as required, to meet the District's needs;
• Receive and deposit monthly checks and funds payable to the District;
• Maintaining the tracking of the District's assets and inventory; and
• Assists in the preparation of checks and financial information for the
District and its regular meetings.
WHEREAS, the Administrative Tasks are, in part, beyond the scope of Fire and
Life Protection Services the City provides to the District; and
WHEREAS, the District has heretofore approved the funding of, and payment to
the City, of Two Thousand and 00/100 Dollars ($2,000.00) annually(One Hundred Sixty
Six and 66/100 Dollars ($166.66)monthly), as further and additional compensation
payable to the Administrative Division Manager for the performance of the
Administrative Tasks (the "Additional Compensation"); and
WHEREAS, the City agrees to invoice and collect the Additional Compensation
from the District, as part of its monthly invoice to, and receipt of payment from, the
District for the Contract Service Fee, and to pay, as part of the City's compensation to the
MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-1-
Administrative Division Manager the Additional Compensation for the performance of
the Administrative Tasks; and
WHEREAS, the purpose of this Memorandum of Understanding and Agreement
is for the City and the District to acknowledge and memorialize their agreements for the
City to invoice and collect the Additional Compensation from the District, as part of the
Contract Service Fee, and to pay, as part of the City's compensation to the Administrative
Division Manager the Additional Compensation for the performance of the
Administrative Tasks.
NOW, THEREFORE, for good and valuable consideration, the receipt of which is
hereby acknowledged by the parties hereto, the City and the District hereby acknowledge
and memorialize their agreement for the City to invoice and collect the Additional
Compensation from the District, as part of the Contract Service Fee, and to pay the
Additional Compensation to the Administrative Division Manager for the performance of
the Administrative Tasks as follows.
1. The District agrees to fund the Additional Compensation for to the
Administrative Division Manager performance of the Administrative Tasks, and to pay
the Additional Compensation to the City, on a monthly basis, as an integral part of its
payment of the City's invoice to the District for the Contract Service Fee.
Notwithstanding anything to the contrary in this Memorandum of Understanding and
Agreement or otherwise, the District specifically reserves the right to increase or decrease
the amount of the Additional Compensation, and to discontinue funding the Additional
Compensation upon not less than sixty(60) days advance written notice to the City.
2. The City agrees to invoice and collect the Additional Compensation from
the District, as part of the Contract Service Fee, and to pay, as part of the City's
compensation to the Administrative Division Manager, the Additional Compensation to
the Administrative Division Manager performance of the Administrative Tasks. In the
event the District increases or decreases the amount of the Additional Compensation, the
City agrees to invoice and collect such increased or decreased amount of the Additional
Compensation from the District, as part of the Contract Service Fee, and to pay, as part of
the City's compensation to the Administrative Division Manager, such increased or
decreased amount of the Additional Compensation for the Administrative Division
Manager's performance of the Administrative Tasks. In the event the District
discontinues funding the Additional Compensation, the City's obligation to invoice and
collect the Additional Compensation from the District, as part of the Contract Service
Fee, and to pay, as part of the City's compensation to the Administrative Division
Manager, the Additional Compensation for the Administrative Division Manager's
performance of the Administrative Tasks, shall cease and terminate as of the effective
date of the District's discontinuance of the funding of the Additional Compensation.
3. This Memorandum of Understanding and Agreement is entered into by
and between the District and the City for the exclusive benefit of the District and the
City. This Memorandum of Understanding and Agreement is expressly not intended for
the benefit of any third person or entity, and is not intended to create,nor shall it be in
MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-2-
any way interpreted or construed to create, any third party beneficiary rights in any
person or entity not a party hereto.
4. This Memorandum of Understanding and Agreement shall not be
construed as an amendment or addendum to the Agreement, except and to the limited
extent necessary to give effect to the terms, provisions and agreements set forth herein.
IN WITNESS WHEREOF, the parties have herein executed this addendum.
DATED AND SIGNED this /liti—day of , 2015.
City of Meridian
«i ,sir
co May.
Attest: c„y
C ;ID/A
At0
By: ^ SEgj,
Ck
p'l'4e TRE.1fiOt r
By Council r�.: JJ o/J
Meridian Rural Fire Protection
District
By: 67,174-41.-4-07114.-i-e-fla----
Chairman
Attest:
•' . a.�
- Secreta
By Resolution No.:
MEMORANDUM OF UNDERSTANDING AND AGREEMENT,Page-3-
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER: 10
PROJECT NUMBER:
ITEM TITLE: FUTURE MEETING TOPICS
Future Meeting Topics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: March 17, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: EXECUTIVE SESSION
Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an Interest in Real
Property, Which is Not Owned by a Public Agency; and (d) To Consider Records that
are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code;
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS