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2015-03-24�E IDIAN- CITY COUNCIL REGULAR 1 DA H O MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, March 24, 2015 at 6:00 PM 1. Roll -Call Attendance X_ David Zaremba O Joe Borton X Charlie Rountree X Keith Bird O Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Justin Jordan with Real Life Ministries 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty - Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning District B. Final Order for Approval: 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 C. FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty -One (21) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts D. Findings of Fact, Conclusions of Law and Order for Approval: AZ 14-014 Sulamita Church by Architecture Northwest Located Southwest Corner of Meridian City Council Meeting Agenda —Tuesday, March 24, 2015 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. W. Cherry Lane and N. Black Cat Road: Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning District E. Findings of Fact, Conclusions of Law and Order for Approval: 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 F. Development Agreement for Approval: AZ 14-014 Sulamita Church Located at the Southwest Corner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane Request: Annexation and Zoning of 9.76 Acres of Land with the R-8 Zoning District. G. Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park Between Joys Boys, LLC and the City of Meridian H. Agreement For Use Of Kleiner Park on April 4, 2015 For Capital Community Egg Hunt Approval Of Purchase Of Cues CCTV Van From CUES, Inc. For The Public Works Department For The Not -To -Exceed Amount Of $202,000.00 And Authorize The Purchasing Manager To Issue And Sign A Purchase Order To Cues, Inc. For The Not -To -Exceed Amount Of $202,000.00 J. Overland Park Apartments Sewer and Water Easement K. Continued from March 17, 2015: 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 6. Community Items/Presentations A. Swearing -In Ceremony For 2 New Firefighters B. 2015 Dairy Days Discussion Motion approved for City to participate in the historic cost of the parade in an amount not to exceed $9,000.00. C. South Meridian YMCA Concept 7. Items Moved From Consent Agenda None 8. Action Items A. Continued from March 17, 2015 Public Hearing: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Meridian City Council Meeting Agenda — Tuesday, March 24, 2015 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 0 Annexation and Zoning of 5.19 Acres of Land with an R-15 Zoning District Approved B. Continued from March 17, 2015 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 Approved Department Reports A. Mayor's Office: Resolution No. 15-1058: Appointing Dawn Cronk to Seat 1 of Historic Preservation Commission Approved B. Arts Commission Update On Percent -For -Art Concept And Long -Term Planning For Public Art In Meridian Ordinances A. Ordinance No. 15-1639: An Ordinance (AZ 14-014 Sulamita Church) for the Annexation and Rezone of a Parcel Being Located in the NE'/4 of the NE 114 of Section 9, Township 3 South, Range 1 West, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 and Providing an Effective Date Approved 11. Future Meeting Topics 12. Other Items A. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Acquiring 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 8:09 p.m. Out of Executive Session at 9:17 p.m. Adjourned at 9:17 p.m. Meridian City Council Meeting Agenda — Tuesday, March 24, 2015 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council March 24, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, March 24, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd. Charlie Rountree, Keith Bird, David Zaremba, and Luke Cavener. Members Absent: Joe Borton and Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Warren Stewart, Berle Stokes, David Jones, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba _ _ Joe Borton X __ Charlie Rountree X_ Keith Bird _____ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I would like to welcome you all to the City Council meeting. It's always nice to be joined by our citizens and businesses. For the record it is Tuesday, March 24th. It's 6:00 p.m. We will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Justin Jordan with Real Life Ministries De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Justin Jordan with the Real Live Ministries. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Pastor. Thank you for joining us. Jordan: Thank you for having me. Let's pray. Lord, we come before you and just thank you and praise that we have given another day and, Lord, I just want to lift up our leaders of this community, this Council, tonight as they make decisions on the best -- for what is best for Meridian. We ask, God, that you would just continue to use them and bless them as they lead our community and lead Meridian to be the best community that we can in this great state of Idaho. We pray for our community. We pray for protection for all the people that are involved. The Mayor's office. Police Department. Fire Department. All Meridian City Council Mach 24, 2015 Page 2 of 44 the different entities that are involved, God, we ask that you just continue to bless this community like you have already and allow great things to continue as we know that you are a good God and we ask for -- that you would just continue to bless any of these people to make this community great. We pray that tonight that all the decisions will be for the betterment for the citizens of Meridian as a whole and that it will continue to be a vibrant community for families to come and raise their families. We thank you, Lord, for your Son and we pray this all in your Son's name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item No. 9-A, the resolution number is 15-1058 and Item No. 10-A, the ordinance number is 15-1639. And with those, 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 printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Consent Agenda A. FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty-Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning District B. Final Order for Approval: 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 C. FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty- One (21) Single-Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts Meridian City Council Mach 24, 2015 Page 3 of 44 D. Findings of Fact, Conclusions of Law and Order for Approval: 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 E. Findings of Fact, Conclusions of Law and Order for Approval: 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 F. Development Agreement for Approval: AZ 14-014 Sulamita Church Located at the Southwest Corner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane Request: Annexation and Zoning of 9.76 Acres of Land with the R-8 Zoning District. G. Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park Between Joys Boys, LLC and the City of Meridian H. Agreement For Use Of Kleiner Park on April 4, 2015 For Capital Community Egg Hunt I. Approval Of Purchase Of Cues CCTV Van From CUES, Inc. For The Public Works Department For The Not-To-Exceed Amount Of $202,000.00 And Authorize The Purchasing Manager To Issue And Sign A Purchase Order To Cues, Inc. For The Not-To-Exceed Amount Of $202,000.00 J. Overland Park Apartments Sewer and Water Easement K. Continued from March 17, 2015: 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 De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree: Rountree: I move that we approve the Consent Agenda as published and authorize the Clerk to attest and the Mayor to sign. Meridian City Council Mach 24, 2015 Page 4 of 44 Bird: Second. De Weerd: I have a motion and a second for approving the Consent Agenda. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 6: Community Items/Presentations A. Swearing-In Ceremony For 2 New Firefighters De Weerd: Okay. Item 6-A. We will be swearing in two of our new firefighters. So, I will turn this over to Chief Jones. Jones: Good evening, Madam Mayor, Members of the Council. I'd like to thank you for giving us this opportunity to welcome into our ranks our two newest firefighters and with that said I'd like to ask Nick Piccono and Michael Bayless to join me at the podium, please. Thank you, guys. Madam Mayor, Members of the Council, this is Michael Bayless. Michael Bayless comes to us from Caldwell Fire Department. Michael has a degree in Business from Boise State University. He married -- he is married to his wife Kelli since 2011 and, again, recently joined us from the Caldwell Fire Department Nick Piccono has a bachelor's degree in biology from the College of Idaho where he met his wife Molly. They have three boys, Rocko, Enzo and Nico, who are here. And prior to coming to work in the fire service the educational -- education director at the World Center for Birds of Prey just south of Meridian. Most recently was a firefighter with the Caldwell Fire Department and joined us as of Monday this week. So, with that, Madam Mayor, would you, please, join me at the podium to pin their badges. De Weerd: I will. And I guess I will need to send a note to Mayor Nancolas; is that correct? Okay. If you will raise your right hand. I, Michael Bayless, do hereby declare that I will support the Constitution of the United States and the state of Idaho and that I will faithfully discharge my duty as firefighter to the Meridian Fire Department and to the citizens of Meridian, to the best of my ability. I promise to protect and enhance our community through professionalism and compassion in accordance with the Meridian Fire Department guiding principles and policies. Congratulations. (Repeated by Michael Bayless.) De Weerd: I, Nick Piccono, do hereby declare that I will support the Constitution of the United States and the state of Idaho and that I will faithfully discharge my duty as Meridian City Council Mach 24, 2015 Page 5 of 44 firefighter to the Meridian Fire Department and to the citizens of Meridian, to the best of my ability. I promise to protect and enhance our community through professionalism and compassion in accordance with the Meridian Fire Department guiding principles and policies. (Repeated by Nick Piccono.) De Weerd: Well, I would like to join you both to the Meridian Fire Department's family and just take a moment to thank the families of our two newest fire department members. They have entered into a close knit family and we know that you will all be sacrificing some of your time with your loved ones during holidays and other special occasions, but I do think that you have joined the best and we welcome you and just wish you great success. Thank you for joining our team. B. 2015 Dairy Days Discussion De Weerd: Okay. Item 6-B is under discussion of our 2015 Dairy Days and I will turn this over to Mr. Nary. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I want to make a statement that I am a member of the Dairy Show Board, but I do not believe that this would conflict with any agreement or any voting that I would do. I will let the other Council decide. Rountree: I'm okay. De Weerd: Okay. Thank you. Nary: Thank you, Madam Mayor, Members of the Council. I'm just going to I guess start the discussion, just to give you some history as to what we are here tonight about. As part of our special events process we have a team that's made up of representatives from the Clerk's Office, Planning and Zoning, the Building Department, Fire and Police to meet and discuss all of the ramifications of any type of activity or event and what may be required, whether it's traffic control, whether it's on-site medical staff, what permitting is necessary for whatever the -- the function is. And so with Dairy Days we did have a meeting back in December with Dairy Days representatives, as well as our staff to look at what was done previously. Last year, if you recall, we passed an ordinance to address historical programs within the city. Dairy Days is one of those that qualifies for that, so there is no permitting costs that's necessary for the event in regards to temporary use permits and those types. There may be permitting necessary sometimes for electrical and other things that are trade related, but not necessarily for just having the event. So, the discussion was is what was done previously and, then, what was going forward -- what was needed to be done going forward and that's -- that's what brings us here tonight. We Meridian City Council Mach 24, 2015 Page 6 of 44 looked at what has been done in the past. Last year, for example, we looked previously -- and I have some information from the past and some of it's more for context. When we -- when we didn't have the split corridor and all we had was Main Street and Meridian Road in the older configuration, it was a different type of parade and a significantly different type of traffic control, because of the way the streets and the traffic flow was. Last year was the first year of the parade in a new configuration. Now the parade goes down Franklin for a portion, then, turns on 3rd Street, goes to -- does down to -- it's not Carlton -- I'm sorry, I lost my train of thought. Oh. Bower. Bower Street. And, then, turns onto Bower Street and, then, turns onto Main and that way it allows the through traffic to take the crossover and take Meridian Road and proceed north if they don't want to go to the parade and they have that option to do that. So, it changes the way traffic control is done. We looked at last year's cost and, of course, again, the permitting was waived. There was police presence at the parade, which is always required. The police presence was a couple -- was out two thousand dollars in overtime costs. Last year there was Specialty Construction that was traffic control plan -- a traffic control plan, signs, barricades, flaggers, those are required by ACHD that a traffic control plan be implemented and Specialty Construction is one of the people that does that in this community and that cost was almost 4,000 dollars of -- of barricades and signs and flaggers and such. They anticipate this year potentially again the same cost of overtime for the police officers that are necessary to staff the parade, as well as the barricades and traffic control and traffic signs. Chief Lavey isn't here and I don't know if Lieutenant Stokes or Sergeant Gonzales want to address this, too. One of the things Chief Lavey made a comment was that it actually helps control some of the cost by using a group such as Specialty Construction and using their materials, because it, then, allows a barricade to substitute for a police car to block a roadway off or to make sure that pedestrians don't end up in the parade route and so using barricades and such is a much less expense, but it is an expense and it is a hard cost that comes to somebody to pay and last year the city paid that. So, it was about 2,000 dollars in police staffing last year, as well as approximately almost 4,000 dollars in Specialty Construction costs. There was -- again, permits were waived. There were some additional costs for Parks and Recreation staff overtime and those were also, again, included from the city and were not charged back to the Dairy Board. This year, again, we anticipate the same thing. The only thing that was different was there was a request -- we -- they did feel it was important to have on-site medical personnel. In the past what was done was really the response would come from Station One when there was a medical need and trying, though, to, then, use the apparatus of the engine or the ladder truck to access the parade to provide a medical support wasn't very practical and so Chief Niemeyer looked at the cost of providing two on-site either paramedic and EMT on an alternative vehicle, mule or something like that, so they would be more mobile and they would be able to access the parade route safe and easier than trying to use the apparatus and the cost of that would be approximately 700 dollars. So, those were the -- that was the only additional cost that was different from last year is that addition, although we think from a -- from a public safety standpoint it's a much better improvement than trying to use the engines to do that. Those were the costs for the past. Those were the costs for last year and what's anticipated this year and the discussion I think the Dairy Board wished to have with the Council tonight is which cost the city was willing to absorb and which cost the city felt was the responsibility of the Dairy Board, so that we would, then, continue the Meridian City Council Mach 24, 2015 Page 7 of 44 application and get it processed and complete this, so that we get the Diary Days event off in June as it normally is held. So, unless you had other questions or specific questions for the departments -- I know Chief Jones can answer for the Fire Department and Lieutenant Stokes for Police if you had additional concerns. De Weerd: Okay. Thank you, Bill. Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I suppose this may affect traffic control. Somebody this morning commented on the medians that are currently being put in Main Street and asked how that would affect our two parades. Has anybody thought about whether the traffic pattern for the parade is going to change with the medians? Nary: Madam Mayor, Members of the Council, Council Member Zaremba, that -- that was discussed. I discussed it with Mrs. Kane, who is part of our special events team, that was discussed. I believe the medians are placed in a way that still allows through traffic on both sides. So, it allows vehicles the size of a fire truck or garbage truck to pass. So, I don't know that there is many -- if there is any vehicles that are larger than that in the parade that that may prohibit that type of vehicle from being in it, but, otherwise, when they remove the parking on Main Street for the parade they should be able to pass next to those medians without any issue. De Weerd: That was discussed when the Meridian Development Corporation talked about the medians, that that couldn't in any way hamper the parade. Zaremba: Great. Thank you. De Weerd: Okay. Anything further? Is the Dairy Show -- not Dairy Show Board -- Bird: Dairy Show Board. Yeah. De Weerd: Oh, Dairy Show Board? Okay. Dairy Board. Jerry. Thank you for joining us this evening. Mattison: My pleasure. De Weerd: Jerry, if you can state your name for the record we would appreciate it. Mattison: Jerry Mattison. De Weerd: Thank you. Johnson: Gary Johnson. Meridian City Council Mach 24, 2015 Page 8 of 44 De Weerd: Thank you, Gary. Mattison: I'd like to start off with just a statement and, then, we can get into some discussion and answer some questions that the Council might have. The Meridian Dairy Board -- first I'd like to thank the city for its continued support of Meridian Dairy Days, which is the largest annual celebration in the City of Meridian every year. This year we will be celebrating the 86th consecutive year of Dairy Days. As many of you are aware, the Meridian Dairy Board is a nonprofit corporation whose primary focus is promoting the youth of this community, particularly 4-H and FFA chapters. We provide substantial financial support to these organizations, members to scholarships, as well as supporting many local and national activities they participate in. Since last year's Meridian Dairy Days events, members of our board, as well as many employees from the city, various departments, have had several meetings in an effort to improve the event. On March 6th of this year we received an e-mail from Senior Deputy City Clerk Jacy Jones suggesting that we request a time in a Council meeting to address the city's role, particularly whether the city would absorb some or all of the costs of traffic control and public safety for the Dairy Days parade. Over the 86 years the Meridian Dairy Days has existed the event has constantly evolved and changed. Our Meridian Dairy Days parade is now probably the largest attended parade in the state of Idaho. Unfortunately, another change has occurred in the last two years has been the decreased participation in Dairy Days by the Meridian Chamber of Commerce. Last year the chamber decided that it would no longer sponsor the food and craft booths in the park. Not wanting to see this disappear, the Dairy Board took over that event and added numerous inflatable -- I don't know what you call them, other than inflatables for children to play on. The cost that we charge for kids for a dollar a day to use those things. Very inexpensive. This year we were notified that the chamber, due to lack of getting volunteer support and profitability of the event, would no longer sponsor the pancake feed. Once again, not wanting to see this disappear, the Dairy Board has agreed also to take on that activity. Everyone connected with the parade wants it to be a fun and safe activity. We share the city's concern to make the parade a safe event for all. However, the cost involved in renting the required traffic control barricades, signage and the hiring of professional flaggers would make this parade too expensive for the Dairy Board to continue putting on. Last year the cost to rent the required traffic control safety measures, which the city graciously paid, was 4,310 dollars. That was the bid amount. I don't know the exact amount, because ACHD did provide some of that free. We expect the cost to rent the same equipment this year could even be more. We are respectfully requesting that the city again this year and for the foreseeable future cover the required costs for public safety and traffic control for the annual Meridian Dairy Days parade. We feel that Meridian Dairy Days, which celebrates our community's heritage and is by far the largest celebration in the City of Meridian every year, needs to continue and to be supported. This is why we are asking that the city keep its support the same as last year, so together we can keep the largest parade in Idaho a fun and safe event. Now, if there is some questions we'd like to answer those and have some discussion. De Weerd: Thank you, Jerry. Council, discussion? Meridian City Council Mach 24, 2015 Page 9 of 44 Cavener: I have got a couple. De Weerd: Okay. Mr. Cavener. Cavener: Jerry, a couple quick questions for you. It was news to me that the chamber isn't involved and I'm sorry to hear that. I appreciate you sharing that with us today. Mattison: We were, too. Cavener: I'm curious. What's your approximate cost going to be to operate the pancake feed? Mattison: I don't know those exact answers. We had someone who is heading up that and they are not here today. Cavener: I think he's sitting in the back. Mattison: I didn't see him back there. Cavener: It would be great if we could get a ballpark on what that is or maybe, then, you can share what was your cost of the inflatable attractions that you had in Storey Park last year? Mattison: It was 3,500 dollars. Cavener: Okay. Mattison: And at a dollar a kid it does not pay for it. Cavener: No, it doesn't. Mattison: We don't do it to make money. Cavener: Sure. All right. Thank you. De Weerd: Other questions or comments? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I think last year when we had this hurdle in front of us we addressed it through ordinance by committing that we would participate in the level we have historically participated in and I would assume that that's the -- probably the fix of that amount and the participation level was the cost from last year. That amount will not cover the additional Meridian City Council Mach 24, 2015 Page 10 of 44 flaggers and safety equipment that ACHD is going to require and I do -- I do not believe, from the discussion last year, that ACHD will provide that any longer. They provided about 5,300 dollars worth of equipment last year; is that correct, Bill? Nary: That's the number I have, sir. Rountree: So, I guess what I have in front of me is an unknown of what you're asking. Last year the city participated in an amount of about 8,200 dollars. I don't see us participating much more than that. Mattison: Part of that is the overtime and the staffing which has been in an ordinance last year -- Rountree: Right. Mattison: -- that's always taken care of. That to me is not an issue here. Rountree: But that's where we got the cost to the city. Mattison: True. But I'm talking about additional costs to the city is what we are talking about today and the 5,300 that ACHD provided, I -- that seems high to me, because 4,300 was the grant total that Specialty Construction had for everything and if ACHD gives them 5,300, I -- that doesn't add up to me. Nary: Well, Madam Mayor, Members of the Council, I mean that was the number that was given to me, which seemed a little high as well. I don't know if Sergeant Gonzales has a better figure than that. I mean I was told at one point it was as low as 500 dollars that ACHD paid, so I don't have an exact figure from -- as to how much they paid. Mattison: That sounds more like it than 5,300. Gonzales: John Gonzales, Meridian Police. The figure for 5,300 from ACHD is $5,374.03. What that's about is an after action report that we made, ACHD provided us their cost. This included their cost for personnel, materials, that they provided and the personnel that they provided to help set up the equipment and also to do some of the flagging during the event and so this also -- if I'm reading this correctly, it also -- this includes labor, equipment, and materials. De Weerd: So, I guess, sergeant, you probably can't answer this, but -- so, they -- their cost was 53 -- almost 54 hundred and the cost to the city was close to 4,000. So, that total cost was over nine thousand dollars and for anticipating this year it would be 5,000? Gonzales: Madam Mayor, the way that was calculated, I think ACHD included in their cost the cost of personnel in the planning and the approval process as well. So, they -- I believe the way it's written in the document I received from them was all their time and effort towards the -- the event, including the approval. Had we gone specifically just with Meridian City Council Mach 24, 2015 Page 11 of 44 Specialty Construction, our cost would have been about another eight to nine hundred dollars more and Specialty would have taken care of those items that ACHD had originally -- or had taken care of last year. De Weerd: I'm not going to touch that one. Sorry, Justin, where ever you are in the audience. Okay So, this year it looks like there is -- over last year what the city paid is an additional 1,700; is -- is that correct, Mr. Nary? Nary: I believe so, ma'am, just from the numbers I have. De Weerd: Okay. Mattison: Can I ask what's the 1,700? De Weerd: It's because ACHD is not going to be a participant in the cost. Mattison: So, they are not providing any barricades this year? De Weerd: That's what my understanding is and so for Specialty Construction to do the entire thing it adds a thousand dollars to that price tag and the other 700 is having the EMS and first-aid staffing, as I understand it. Jones: Yes, Madam Mayor, that's correct. Chief Niemeyer figured in to compensate for the event. Four personnel. Two personnel assigned roving to the parade route and two personnel assigned to the Storey Park staging area utilizing utility vehicles from the Parks and Recreation Department. De Weerd: And, chief, I -- I feel that I'm -- you're at a disadvantage to answer this, but haven't we provided first-aid staffing in the past? Jones: We have provided first-aid staffing, but it has not been consistently done. It's been typically based on our availability staffing levels for the day and not utilizing overtime to staff those events. De Weerd: Okay. So, really, we could wrap that into historical coverage. So, it's really the thousand dollars -- I would estimate is what we are talking about; is that correct? Mattison: Over and above last year. Yeah. Johnson: If I might add something to your -- De Weerd: Gary. Johnson: I think the reason we are all here -- or I know why you're here, but we -- I know you had some questions as a Council and we have some questions as a board whether or not we can afford to put this parade on and it's outside of our mission statement, what we Meridian City Council Mach 24, 2015 Page 12 of 44 really want to do, and we just really -- bottom line need to know what the city's commitment is to this, so we can decide where we want to put a parade on. De Weerd: I think the commitment is close to 9,000 dollars. It's not -- not already counting the additional thousand. If -- if that were included it would be close to 10,000 dollars. So, that would be the city's commitment. And, apparently, we are underestimating our staff time, like ACHD did. So, I think we could at least say 20,000. Mattison: I -- the reason I brought the information about the chamber backing of that is it seems that's happening in our community is no one wants to step up and volunteer their time to do things and we are trying to do that the best we can, just financially with the restrictions that have been put upon for public safety and traffic control, we just can't afford to do it and I would hate to see something that has been going on for that long gone. Bird: Madam Mayor? Cavener: Madam Mayor? Oh. Go ahead. De Weerd: Mr. Bird. Bird: First of all, Council, these -- the Dairy Show Board pays in in excess of 32,000 a year in property taxes, so they do pay their share. This has been something that has always been -- the 50 years I have lived here has always been the biggest draw for downtown Meridian. It's the biggest thing that goes on and I will tell you that those two guys and about three or four others from our board do all the work on that parade and everything else and I certainly am one that do not want to lose it and I got a printout, thanks to Steve, of our expenses on our Christmas parade and I don't think -- I don't see where any of our time -- police time or anything is in this cost. It isn't, so -- and we -- we invested about 2,000 dollars, which I think -- I'm happy to do. I think that's something that is very nice and I'm sorry we had to take it over, but thank God we did. So, if you added in your police and everything like that, I'm sure you're looking at five to six thousand dollars, especially if we cost out our labor like ACHD does. So, I -- I, for one, want to see this continue on and -- and everything we take -- we take from the Dairy Board takes from our youth because of our scholarships, our sponsorship. I can't remember, but I think one year we sent 17 kids back to the national FFA deal; is that right? Mattison: From Meridian and Kuna both. Yeah. Bird: Yeah. So, our -- we are nonprofit, but our money all goes back to the youth. Nary: Madam Mayor? De Weerd: Mr. Nary. Meridian City Council Mach 24, 2015 Page 13 of 44 Nary: Madam Mayor, Members of the Council, just to follow up on what Council Member Bird just said. We do have a breakdown on the cost -- some of the cost for the winter parade. Just as a comparison -- and they are very comparable. I mean there is a slight smaller charge as traffic control for the winter parade, but the parade is shorter than the Dairy parade. So, it does seem pretty relative. So, again, I think costs are fairly legitimate. I don't think there really is a question about -- about the -- what it costs and what it takes to put on a safe event like this. It really is just -- where is it going to come from? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If I may, I would include a couple of comments about the information we have been given about the Christmas parade. According to this the actual total cost was a little over 10,000 dollars. The city ended up spending a little over 2,000 dollars, because Colin Moss, bless his heart, does an awful lot of work, he gets sponsorships, he gets apparently parade entry fees as well. He works very hard on that and often without a whole lot of help. I think he does in -- gets a few people to help, but he as the volunteers for this parade, he does most of it. I guess -- first I want to express my enthusiasm for Colin Moss and our Parks Department and what they are able to do for the Christmas one, but that also brings me to the question on the Dairy Days parade. Are there any entry fees or sponsorships that help defray the cost on that? Johnson: We do not charge nonprofit organizations, Girl Scouts, Boy Scouts, 4-H, FFA, all of -- they are in for free. Commercial and political candidates we do charge. Not nearly what they -- what you charge for the -- I think it's 25 dollars. I don't know what the winter one was of -- Zaremba: And other sponsorships either? Johnson: We don't have a sponsor for the parade. Corwin Ford was a sponsorship of Dairy Days last year and we are in negotiations with Kimball Ford this year. They had got first right of refusal if they don't -- Corwin will step in, but I don't know what level they paid the city, but ours might be lower than that. Zaremba: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I have got maybe a question. This might help us. We got a number in front of us which is the city estimated cost for the parade. Do you guys have your own estimate on -- on the cost or are you relying on the city to provide you with that data? Meridian City Council Mach 24, 2015 Page 14 of 44 Mattison: Well, what I have been relying is not from the city, it was from Specialty Construction, who devised the traffic plan and where we needed signage and all that. That was the 4,310 dollars -- that was last year's figure. Johnson: We attempted to get another bid on that, but after numerous attempts a fellow board member was not able to get that information. Mattison: I do believe the 4,310 that was from last year -- John can probably answer that better. I think there was some additional things that I think the police wanted, some additional flaggers or something? And so I don't know what that new cost would be, but it would be more than 4,300. Gonzales: I think the estimate -- I don't remember what the estimate from Specialty Construction was initially, but there was some revisions based on some changes that had to occur and I know there was some things that were taken out, because ACHD provided some of the material. Our invoice cost for -- for the parade, traffic control for specialty was $3,926.75. So, in the same ballpark of 4,000 dollars. This is Dairy Days. 2014. Johnson: It seemed like in our meeting in December you identified intersection of Pine and Main and 3rd and -- needing additional patrolmen or something. Gonzales: Today I talked to ACHD, John Wasson, in reference to what changes we might anticipate with traffic control. The traffic control plan is devised by a traffic engineer and they have determined where the traffic control devices need to be. It needs to be compliant with the MUTCD, which is the Manual of Uniform Traffic something or other. Control Devices is the C and the D. Anyway -- so, in the past the police department has taken on the responsibility of traffic control, really not complying with the MUTCD and in the future ACHD wants all events to be compliant. So, that's where the cost of the traffic control comes into play. The police could take on an event, but it has to be a short-term event -- police type event to be able to do traffic control. This is a planned event. So, it would have to be compliant with the MUTCD. De Weerd: Okay. Cavener: Madam Mayor, follow up? Gentlemen, John, here is what I'm trying to wrap my head around and maybe you can walk me through it, because I'm not that bright sometimes. If you have your cost or what you anticipate it's going to be for this year, how can you say you don't think you can afford it? That's just -- I'm trying -- you couldn't afford it last year? Is that what you're saying or -- tell me -- help me get to that -- to where you guys come up that you guys can't make it work this year. Johnson: It was paid by the city last year, so -- we didn't pay it last year. Cavener: Any of it? Meridian City Council Mach 24, 2015 Page 15 of 44 Johnson: Of the traffic control and public safety. Correct. The city took that on. This year we don't have an updated bid, but from what John just said and the bid of last year, 4,310 was the one that I have got with me here that Specialty gave us last year. They are -- I believe they are asking for additional traffic control measures on top of what was done last year. So, that's why I'm thinking it's going to be higher. I can't imagine them giving us more for less money. Cavener: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Could somebody refresh my memory that contribution that we did make last year, what budget did that come out of? How did we arrange that? De Weerd: The hard cost of the traffic control I'm sure -- yes, lieutenant. Stokes: Madam Mayor, Council, I believe the police department covered all of that and it was about -- between the personnel costs and the Specialty Construction was about 6,042 dollars. Nary: Madam Mayor? Mattison: How much of that was Specialty? De Weerd: 3,927. Stokes: Yeah. 3,927. Mattison: Okay. Thank you. Bird: And Madam Mayor? De Weerd: Mr. Bird. Bird: If we want to -- if you want to right, when we originally come out with the 43 or something, ACHD had pulled their support last year until we had a joint meeting here and I brought that subject up and all of a sudden they decided they had stuff they could -- that we could use. So, that's why specialty was a little cheaper. But I have been told this year that ACHD no longer does -- has their equipment, nor do they want to participate, so -- other than to make sure they are to their specifications. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council Mach 24, 2015 Page 16 of 44 Rountree: We made a commitment last year that we would commit to the historical costs and I think we need live with that commitment. However, at some point in time, since we are 15 years into the 21st century, I believe the Dairy Board probably ought to look at your fee structure for your parade and look at the cost of the parade and see if you can defer some of the costs in the future through participants. Having said that, I would move that we participate in the historic costs of the parade in the amount not to exceed 9,000 dollars. Anything in excess of that amount will be borne by the Dairy Board. Zaremba: Second. De Weerd: I have a motion and a second. Any discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Is the intent of this to be for one year only or is it something that we would want to have in place on an annual basis? I think it's important that maybe the Dairy Board know where the city is coming from as they plan. Rountree: My position, though it may not mean anything, is that there is going to be some inflationary costs to the historic things we have participated in. Our salaries are going to increase. The rental rates are going to increase. So, giving an inflation factor of the CPI, maybe that amount could be increased. I don't know. Whatever the Council wants to do next year to accommodate the inflationary aspect of what we have historically participated in. But this year it's about a ten percent increase, which is pretty healthy. Zaremba: Madam Mayor? Rountree: And if at some point in time it doesn't make sense economically or financially to have the parade, then, all of us that have lived our lives almost completely with having a parade might have to change a little bit, but I hate to see that happen, but things do change over time. De Weerd: And I think that covers everyone in this room since it's the 86th annual. Mr. Zaremba. Zaremba: I'm trying to combine Mr. Cavener's question with what -- with what Mr. Rountree said. The second interpreted that as being only for this year and I guess my question is was I correct. That's sort of what Mr. Cavener asked. De Weerd: To me I think you're establishing -- Zaremba: We are committing future years, are we? Meridian City Council Mach 24, 2015 Page 17 of 44 De Weerd: You're establishing a base and -- Zaremba: It would continue. De Weerd: That this would be the historic contribution and to consider inflationary costs. Is that what I understood, Mr. Rountree? Rountree: We committed by ordinance that we would participate in the historic costs for these historic events, which the Dairy Parade happens to fall -- I think there is two, maybe three of those events that are covered, and this one is covered by that ordinance, so, yeah, this would be continuous. Zaremba: Okay. Rountree: But it could be -- Zaremba: As long as I understand that. De Weerd: And I think this is the only event that met the 75 year ongoing, if I remember right. Rountree: Was this the only one? Okay. I thought there was another one. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Future discussions -- and I don't know if the Council would like to include not just the dollar figure that you would want to evaluate, but what types of service. I mean all of them have traditionally been the same. It's been parks supportive in Storey Park. It's been the medical staffing and the police and traffic control. I don't know if you would like that to be part of your motion or part of what the historical participation of the city is for those things versus just a dollar figure. So, it's up to you. Rountree: Bill, my motion was intended to implement the ordinance, which is participate in the historic costs of the parade. Public safety, medical, park support, and all of the things that we have typically done in the past. So, that amount would cover the historic costs for this year. Nary: Okay. Rountree: And anything in excess of that would be borne by the Dairy Board. De Weerd: Any further discussion? Okay. Madam Clerk. Meridian City Council Mach 24, 2015 Page 18 of 44 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Thank you for being here. Mattison: Could I ask for clarification? De Weerd: Uh-huh. Mattison: What -- the fee was 9,000? Was that what it was? And then -- so, how much of that can we use for traffic control? How much of that was salaries and -- that's already covered in the other ordinance? I just need a dollar figure that we are -- we can rely on. I thought the 9,000 included salaries. That's what I'm asking, how much the salaries was. Bird: We don't -- I mean it's hard to tell what the salaries are going to be until it's over with. How much we have used and stuff like that. You can't cost out -- I mean you can estimate something out. Mattison: I guess it's hard for us to estimate how much we have, then, to spend, if anything. Bird: From what I get on the paper we got here I don't think it's going to -- it shouldn't cost you anything. Mattison: I hope that's the case. De Weerd: Well, we hope so, too. Rountree: I'm going to add this up about as fast as I can add, Jerry. Mattison: Okay. Appreciate it. Rountree: It's estimated about half of that. Mattison: About 4,500? Rountree: Yeah. Mattison: Thank you for the clarification. Thank you. C. South Meridian YMCA Concept Meridian City Council Mach 24, 2015 Page 19 of 44 De Weerd: Thank you. Okay. Item 6-C is under the South Meridian YMCA concept and I will have our Parks Director Steve Siddoway kind of kick it off. Siddoway: Madam Mayor, Members of the Council, thank you for bearing with us while we got connected. We have invited the YMCA tonight to give an update on the South Meridian YMCA planning effort. As you know they have a site that's been generously donated by the Hill family in South Meridian near Amity and Eagle and tonight we want to hear from them an update of the planning efforts that have been going on in relation to the development of a YMCA, school, library, park combined facility at that location. So, I'm just going to turn this over to them, because I believe their presentation will say all that and more. Thank you. Everett: Thank you, Steve. Jim Everett with the Treasure Valley Family YMCA. Curtis: Scott Curtis, Treasure Valley Family YMCA. De Weerd: Thank you. Everett: Thank you for inviting us to be here today. What we are going to present is a quick overview of where we are and this is what we are doing with -- as we go out and talk to potential funders and we will give you an update as to where we are on there. This is really about -- we think about -- about partnerships and about helping to uncover potential from all the people that we work with. A couple of quick facts. The Y doesn't ever turn anybody away due to the inability to pay. Last year over six million dollars in financial assistance was provided. Discussion just took place. Volunteerism is big at the Y. Six thousand people volunteer their time at the Y in that potential, whether it's reading or swimming. This week I'd love to have any of you go back to any of our Y's, we will have a thousand kids that will learn to swim this week at the YMCA in our annual spring break splash program. I'm going to show a quick video. I hope this will work. This is one of the things that we are showing to our potential donors as we go on. (Video played.) Everett: So, this was produced just for this campaign and that is one of the things that we are going out and showing to folks, so I'm going to go back to where we started. This actually started in 2005 and if you think back to 2005, a little different time. We had put together a steering committee chaired by Jim Foley and Cory Jackson looking at the potential of a YMCA in this community and did some studying. There was a high demand for a YMCA. What caused us to pull back was we found out that the demand was beyond what we thought we could meet. We were looking at a smaller Y and the economy got a little tough and we were building a little camp project in -- up at Cascade -- outside of Cascade and we decided we needed to put all of our efforts into that, so we pulled back in 2008 and we kind of put this on the back burner from there, so -- so we had some land at Gramercy and that brought us back in the last couple of years to take another look at this. We did a feasibility study, which is something we always do to see is there money out there to be raised to support a project like this. The feedback we got was that we could Meridian City Council Mach 24, 2015 Page 20 of 44 raise about 12 to 13 million dollars philanthropically in this community and, then, we did a market study to find out is there interest -- do people need the kinds of services that a Y provides and we found out a lot of stats on that survey was that this -- there was the highest unmet need of anyplace I have ever gone and done a study. A lot of that revolving around family programs, aquatics, youth programs, including a community hub in a community like this, you know, known for -- for catering to families. City of Meridian came in. We met with the Parks Director Siddoway to find out that there was a lot of interest here in a field house. Adult sports is big here. That's one of the programs that Parks and Rec runs -- one of the many programs they do a great job with, but it's also one of the ones that supports itself in generating some revenue for the Parks and Rec Department. So, we had some discussions there. Took a trip to look at some other Y 's and we looked at some national trends. Virtually -- I can't -- I'm not aware of a YMCA that's being built now that isn't in partnership with some municipality. Most of them with hospitals, municipalities, school districts like we are, and so we gathered a group of about 22 of us from Mountain Home, Kuna, City of Meridian, Eagle, to go out and look at some of these facilities -- look at seven different facilities. They ranged in communities the size of Sammamish of about 60,000. We looked at some in Tacoma. We looked at communities as small as -- as Sumner, which is about 8,000 people. In each case they were partnering with the Y in that community to provide services that otherwise wouldn't have been provided. We started some discussions with the schools here in -- in the West Ada School District. We have a long history in looking at the schools from youth sports to early childhood, to after school programs. When we started that discussion the schools were talking about the bond that didn't pass. We are delighted that the one that just passed overwhelmingly says a lot about the commitment in this community to kids and families. They -- the school is planned to open in 2016. Scott is going to show you the plan -- the plans for the school in a minute. One of the clear things was that that school will cost two million dollars less than it would have cost without the Y being a partner. We will share a gymnasium. They will use our gymnasium. They will share library space. There will also be cost savings to the Y as we will use the classrooms after school. We were meeting with Dr. Clark the other day and all the teachers that get hired at that school are going to know that those classrooms are shared with after school programs from the Y. Some teachers don't want to do that. That's okay. But they won't work at this school. They have got to be of a mind set that these are all our kids and we are going to share the resources. So, we will come back to talk a little bit more about some of the savings. Then we had one of the best things -- as we looked at this the property at Gramercy just wasn't -- it wasn't coming together in the way we wanted. We had developers, including Tommy Ahlquist and David Turnbull and Dave Walley and Clay Carley and Winston Moore telling us -- if I'm a developer I would not put as much energy as you're putting into this -- this site at Gramercy and we got introduced to Marty Hill and Dixie Cook and that was one of the best days we have had to get to meet those folks. It was interesting as we drove in the lane there -- Century Farms started in 1891. Same here with the YMCA was founded in this community. The Y goes back to 1844. But in this community we have been around since 1891. We thought that was a little bit of a -- kind of serendipity as we drove down the lane. At that meeting we talked with them, they had had long interest, they had had discussions with both board and the city about donating a park in honor of their parents at that site, which used to be known as Hillsdale. The school, by the way, will be called Meridian City Council Mach 24, 2015 Page 21 of 44 Hillsdale. There was a school before with that name and it will come back to that -- that name when it's built and open in 2016. They wanted a park at ten acres. We talked about the potential of the Y. They got pretty excited about that and so now all of a sudden we are talking about a school and a Y and a park. Next we ran into Gretchen Caserotti and I think everybody in here is aware that the parks district is a -- is a taxing entity -- the library. Excuse me. The library has its own taxing entity and started discussions with them and they had a lot of interest in partnering with the Y. They have unanimously approved on their board to -- to go forward and you will see in the plans that we have got a spot for the library. We will share spaces in there. The library will be kind of central to this facility. Their bond will go out -- they think in November of this year. It would include a site for a library in south Meridian and north Meridian to kind of be matched with their site in central Meridian. So, Gretchen Caserotti again very collaborative, very great to work with. We have long had -- had partnerships with healthcare institutions. Currently we have got one of each of our Y's, St. Alphonsus in the Downtown Y and the West Y. West Valley Medical out of the Caldwell Y and we sent our RFPs and have gotten back some great responses, so we fully expect that we will have a healthcare partner in this facility. We are determining who that will be. It won't be an exclusive arrangement, because we do many many programs like cancer survivorship, diabetes prevention, Delay the Disease, which is a Parkinson's program with both -- both the primary healthcare systems in this -- in this community. We anticipate -- and we will talk more about dollars -- that that will bring some dollars to this partnership, which we will need. So, you know, for us it is all about partnership. I don't think any of us can get the job done by ourselves anymore. We have long since trying -- quit trying to do that on our own. Everything we do is in partnership with other organizations. It's in our DNA. When we say there is a community and the first thing we ask is who might we partner with? Who could we go -- go lock arms with and work with. So, you see the partners that are listed around there, we will have the healthcare partner probably within the next six weeks. So, from a -- just a dollars and cents standpoint why -- why does this make sense? I already talked about the fact that the school is going to cost two million dollars. I mean if you look at the bond, the one that they put out that didn't -- didn't pass and, then, the one that passed, there is a two million dollars savings just on the elementary school. For the Y there will be savings, because we don't have to build afterschool spaces, we will use the space that the school has. We will use -- some our youth space will be the library. The library will share our receptionist. The parking lot will be shared. We had discussions just this week on -- on the park there and, you know, we will be paying for the parking and the maintenance of that parking and the -- but it will also be used for park patrons. So, there is a lot of -- at lot of benefit in -- in doing this. We believe by the time we are all done it will be four and a half to six million dollars, less money than if each one of us went out and built a park by itself, a library by itself, a Y by itself, and a school by itself and a healthcare facility. So, we will have that number, but I'm very confident it will be at least four and a half to six million. That's really I think a drop in the bucket, because the long-term savings -- the downtown Y is nearing 50 years old and it's got a lot of life left in it. We expect these buildings, when we build them, to be well maintained and to stay around for a long time. But if you're just looking at a 50 year life, that's where the costs really come in, you know, and Councilman Rountree probably knows this better than anybody with the -- with oversight of the Meridian pool, the cost of running a pool. An outdoor pool is expensive to Meridian City Council Mach 24, 2015 Page 22 of 44 run. An indoor pool is exponentially more expensive to run with a -- when you have got to heat that envelope and all that. So, we believe there is going to be tremendous savings in this partnership arrangement. The schools will do -- their PE programs will be with the Y at a much lower cost than if they were to run them and with a lot more offerings and all the kids will learn to swim. They will have access to the library and they will share librarian costs. The parks -- it will be great -- will have space outside. The parks does a much better job maintaining green space and outdoor space, so that's -- you know, that will be some operating savings for the whole partnership. So, we have not calculated that whole -- the whole operating savings, but it's huge and that's really an important discussion you just had. We have all got to figure out ways that we can -- we can collaborate and do things more effectively and more cost effectively as well. The other one for us -- this is really about outcomes. I'm going to share with you just some -- fairly quickly -- we are about three things. Youth development and that's at the core of everything we do. Healthy living. And our target market really has evolved. Our target market is really people that have not had success with leading a healthy lifestyle. We welcome everybody and, you know, Krista Armstrong is a member, she is not a health seeker, but many of our people are. They need a hand up. They have never had success for a long period of time. Those people take more -- more time and energy, but it's what we do. It also helps that we got partnerships with national organizations. We are kind of the go to organization for the CDC now. They will offer programs, such as the diabetes prevention program, our cancer survivorship program, our Parkinson's program, all developed in other parts of the country and delivered to us so that we can spread them in communities like ours. So, some of the results that we get -- I'm just going to talk about a couple of them. A lot of people don't think about the Y and the youth development space of early learning. These are just some results from our P16 project. The P standards for preschool. The 16 stands for four years after high school. This is the most recent results from Caldwell where we have done this program. We have these results in Meridian. We actually have more of these sites in Meridian, but we have probably done a better job in working with them and measuring the results, but you can see that we have -- we have got a 20 percent increase -- or 20 percentage points -- it's more of a percentage increase than that, but 20 percentage points higher of kids entering kindergarten ready to read than their peer group that has not gone through our P16 project. We have more than doubled the rate in Caldwell. Now, I say we, that's a collective we. We are just a part of that. But part of this is by creating an expectation that every kid has potential and every kid can learn to read and every kid can learn to do math. We taught every kid to swim in Caldwell, Homedale, Vallivue School Districts. Most of them the low income school districts in -- in Boise. We are now up to 24 schools. Every teacher will tell you that -- that the results are great in the water, but they see those back in the classroom with better test scores, with better behavior. Other outcomes. We do surveys -- you know, some of the softer ones that are not on behavior. Our values are caring, honesty, respect, and responsibility. I can tell you that when we survey kids 99 percent of the kids who come to the YMCA since -- say since coming to the Y have become more caring about others, 99 percent of them. Ninety-eight percent of them will say since coming to the YMCA I tell the truth even when it's difficult. Ninety-one percent of them say I have gained resistance skills. I have learned how to -- how to say no when things are proposed to me and it's not if, it's when that happens. When does somebody ask you to -- to smoke this or stick this needle in your arm or to Meridian City Council Mach 24, 2015 Page 23 of 44 engage in activities that they shouldn't engage in. Ninety-five percent of kids say that they have got positive role models and the Y is a safe place for them to be. Or the safest place for them to be. So, you know, we get some great results in that area. Scott -- I'm going to turn it to Scott, he's going to read a letter we just got last week. This is indicative -- we can bring you lots of stories and we love to bring you the stories of the -- the meth addict that comes to the Y and the person who -- the homeless person and we have got those every day. There isn't a day that goes by that we don't have a homeless person show up at the Y. But it's also every day folks and Scott's going to read this letter to you. Curtis: Thanks, Jim and Madam Mayor, Members of the Council. As Jim said, this letter came across our desk unsolicited about two weeks ago and it's by a man named David and David writes: Dear YMCA. Last year my family lost 30 percent of our income and we were in a tough spot where we couldn't afford our YMCA membership. You stepped in and offered us about a 50 percent discount on our membership for the past six months. You're very generous and I want you to know why this matters. First, my family has made some changes and we are in a better spot than we were. My wife works ten hours a week as a student worker at Idaho State Meridian, which is enough to cover her medical insurance. She volunteered to the food bank in exchange for a food donation. I got a three percent cost of living increase at work and shot an elk. We are doing better than we were six months ago, but are still in debt. I cannot imagine living without the Y. It is my main source of exercise and not only brings me physical wellness, but is a major source of mental wellness for me as well. The Y is my happy place. I drag myself in there after a lousy day at work and I feel better. It's good for my family and good for my community. My son and I swim there and play racquetball. I'm a better person because of you. Lots of people feel this way. The Y is an invitation to make a difference in the lives of countless people in the Treasure Valley and you're a thriving hub and an international village for people of all live styles to work out, visit, and hang out. Boise is a better place to live -- better because of you. Last, your staff are awesome, they are friendly, and always willing to help out. The best part, though, is how they greet everyone who enters or leaves. Please tell them how much we appreciate being treated -- being treated like human beings by your smiling staff. It takes a good experience and makes it even better. This letter is powerful, as Jim said, because we provide 6.1 million in financial assistance and the majority of that goes towards families and I think it's easy for me to say that, you know, I'm one step away from being a David in this world. Everett: So, we are going to hear about the project in just a minute. This is about building -- building community together and this community, Meridian, is known for being a family community and we are going to strengthen that. JA and Kathryn Albertson Foundation, as you know, stepped up with four million dollars as a commitment to this project, the largest gift ever, even outside of the education arena. That says something. They believe in the Y's ability to change communities and change families' lives for the better. We are thrilled with that. A report from Jamie McMillan, the -- the great granddaughter of Joe Albertson, you can read that. It says: My family JA and Kathryn Albertson Foundation are very proud to be part of what we know to be a world class model for collaboration. A place for limitless learning possibilities for children and families. You know, when they step up like that it puts some pressure on us. We really want to deliver. But we are proud to be Meridian City Council Mach 24, 2015 Page 24 of 44 bearing four million dollars to this community through the Albertson Foundation and that's in support of us and support of what the -- what the Mayor and the Council stands for. So, Scott, I will turn it over to you. Curtis: Thank you. I get to talk a little bit about the facility. This is fun. We are not going to get lost in details with the facility. There is a lot of dreaming still going on, but I will show you where we are at right now and why this is important that we are sharing this with potential donors, because they are getting excited about it, too. First of all, sustainability of the project. We, obviously, have taken some time to do a pro forma. We believe this branch is going to meet community needs with a healthy mix of people from all economic background. Obviously growth is significant in this area and we think that's going to continue. As Jim mentioned earlier, the market study show that this was one of the areas of highest unmet need that the folks had ever seen doing these studies and they do those around the country for YMCAs and community rec centers. We also have a history of starting programs and garnering ongoing volunteer support to keep -- to sustain them and keep them going well. From a building design standpoint I just want to update you all. We formed a buildings committee, a task force for this project. Councilman Rountree and Mr. Siddoway both serve on that committee. That group went through a pretty arduous process to select architects. Hummel Architects were chosen for this project. As Jim mentioned, we benchmarked other partnerships, including Seattle and Tacoma. Also want to mention that that group, then, moved forward with selection of a -- of a general contractor, construction manager, and will be -- we worked in partnership with that committee, as well as with the school district and used their preselected CMGCs as our possible CMGCs for this project and Russell Corporation was chosen to lead this project. A couple things. Everett: And I was just going to say -- and that's for the whole project. So, again, savings. Instead of having an architect for the schools and an architect for the Y and a -- it's one architect and one general contractor and that will save a lot of -- a lot of money and just make for a much better and smoother project. Curtis: And to orient you a little bit, Amity is just to the north of this picture and also that's actually the true north on the map and Eagle Road is just to the -- just to the west. The lane you see going in there is Howry Lane, which is currently a dirt road and it just shows a model laid out for the property. You see some -- you see some funding. There is holding spots for some of the partners. One of the things that we have learned from Hummel in the design, the topography of this piece of land gives us some unique opportunities. This part to the -- to the east is actually 14 feet higher than the other side of the building and so what it has allowed for is some design -- design ideas that could really help having this building feel open, spacious and being able to see across the facility and I will show you the next picture. This is sort of a 3-D coming in from the -- from the east. You see the YMCA entrance, which would be at the top of that 14 foot area, so that would be, you know, a main floor. When you walked into that main lobby, you would actually see through glass and see down to the pool area and through the glassed area on the far side out to the park. Then you could also see the school, which is up off to the left here. Meridian City Council Mach 24, 2015 Page 25 of 44 Potential field house off to the right and a library, which is in the dark red to the bottom of your picture. Everett: The same entrance for the Y and all that very -- different school entrance, but it's the same entrance, so, again, saving on receptionist, that kind of thing. Curtis: And here is another view of that from the southwest. You can see the school. And, again, on the -- on the southwest side of the aquatic center is a splash grounds and you can see the connectivity. The school being able to access the gym, being able to access the library. The Y being able to access all of those to the benefit of everyone. Again, this is sort of a place -- over here is another idea of the design, which takes -- takes the four courts and the field house and sort of staggers them, splits them, still gives accessibility to the library and to the school. We are looking at putting the aquatic center on the -- on the north side. Again, a lot of things still going on here. As Jim mentioned one of the drivers right now is getting that school going and the school district really wants to open that elementary school in August of 2016, so the architects and Russell are working pretty -- pretty crazily, actually, to get ready to be able to break ground on that in time to open in August of '16 and we are trying to get the rest of the master plan done, so they can tie that in with the construction. Yeah. The timing for us -- we are not -- we are not exactly sure. A lot of that is dependent. As you all know, we have a governance process and our board also expects us to have funds pledged, so we are -- we are looking at a lot of possibilities, depending on the fundraising. We could open -- we could open part of the facility concurrent with the school or shortly after the school opens in late 2016. If we are going to build the whole facility, including aquatic center, that would be -- that would be at least two and a half years from now to complete that whole thing and, then, there is a possibility of phasing in parts of the facility. Everett: So, maybe a -- best case scenario we have the whole thing open for late 2017 or January of 2018. That's kind of best case scenario. Curtis: Some of the fun part about this has just been dreaming with the community groups. You know, we had many sessions here in the community, as well as the different committees looking at this and the partners and it's just fun to think of all this -- all this can be -- you see it's a -- some sample of pictures. Picture number one is an open seating, as well as stairway spacing inside of the school. It also serves as a gathering area, a teaching area, group project area. They are also planning to build some sort of a stage theater area inside of the cafeteria. It allows for opening up and the YMCA will use that after school hours and you see some great images here. It's an open field house concept from -- some of the neat things going on with aquatic centers and even building climbing walls into the aquatic centers and things like that. A few more pictures here. Again, you see that school area on the top left with that open seating area and you see the -- you see the bridge that potentially will go across into the media center that the library will run for the school, again, creating synergy, partnership, as well as saving dollars for everyone. Outdoor splash pad images here, as well as group exercise classes, of course, will be a part of this and, then, just some more things -- looking at some really creative designs on that track, using possible hill track models. The library, obviously, and, you know, a slide Meridian City Council Mach 24, 2015 Page 26 of 44 that may exit the building and come back in and -- just having a lot of fun with this part of the project and it's really fun to share this with potential donors and get their excitement about what Meridian could be bringing. Everett: There is two things. That hill track. So, that would actually have some hills on it. ADA compliant, but would have an uphill section to it. It has a slide that goes off of it. We find a lot of the kids that come in need to -- you know, they will go up and down the water slide 20 times. They have got to go up the steps every time. There is no elevator, you know, to get up there. So, they are getting exercise for the fun of going down the slide. So, the same thing. Walking on the track, if there is a slide and they go down the slide and have to run back up the stairs and get on the track, that's great. We have got to get these kids active and, you know, we get different -- a whole bunch of different kinds of kids that come in. Even some adults need to be kind of tricked into exercising. Curtis: Just a comment about the fundraising that we are doing in this campaign and, you know, Jim mentioned us doing a feasibility study and it really -- that was October of 2012 that the results were released and it really has guided where we need to focus these years. You will see that our -- our fundraising is in three areas. One is -- one is capital and that is -- that's focused on getting the land in south Meridian and that's the largest portion of this campaign we are working on. At the same time we are meeting with a lot of our old YMCA friends and family members and the -- trying to bolster our endowment. Some folks are making gifts. Most of those are in expectancies. People giving -- name the Y in their will or life insurance program or things like that. We are making some good ground there. And, then, the third part is really important to make sure everyone understands and that's -- because this facility, once it's up and running, will have ongoing needs and part of the Y is having our volunteers go out into the community every year and raise funds for those financial assistance dollars that we provide. As we are doing this, this capital campaign -- what we are calling our comprehensive campaign, we have to make sure that we are not cannibalizing those funds and so many of the donors we are talking to give annually to that campaign and we make sure we emphasize first and foremost we have to continue to support the programs we have going on or asking them to continue at the same level with the annual campaign and give anything additional that they can to the other areas of the campaign, so -- Everett: So, that's the overview. This is our steering committee. You will see that by far the best looking one on there is the Mayor, but other than that we have got some pretty good folks on there, too. So, it's a good group and what we find is leadership is everything in these campaigns. When we had a successful campaign that built a camp and John Fery was huge on that and this is -- this is a group that makes me sleep a little easier at night knowing these are people that get things done, they are committed to this project and they are just great to work with and we have some very very nice lead gifts in this. So, really, ours is fundraising and fundraising. We have been around a long time. We are going to be around a long time. First and foremost we try to raise awareness, we try to tell a story. If somebody then gives money on top of that, that's frosting on the cake. Some people they do that. But every time we are going to look at trying to create awareness and have people understand who we are and why we do what we do. So, this Meridian City Council Mach 24, 2015 Page 27 of 44 gives you a little update on where we are. As Scott showed you on the capital side, we need to raise 20 million. To date we have seven million and how that breaks down we have got 5.5 million dollars in pure philanthropy. We have put in in this calculation 1.5 million from the city, because the field house will add cost, so we put a place over in 2.5 for the field house. That gets built on and this project becomes 22 -- 22.5. So, hopefully everybody is following on that. So, we have 13 million to go right now. We think we can get another six million -- we are confident we can get another six million in philanthropy, so that leaves us with a gap of seven million that we have got to figure out between the various partners and we are working on that. We think that the healthcare partner -- we are confident the healthcare partner will be one of those. So, we did -- when we asked people what the Y is -- this just gives you some of the words. You see family comes up. Fun comes up. You know, I think of -- I think of the City of Meridian one of the first things that comes to mind for me is family and we asked people what they think about the Y and these are some of the words that come to mind. With that we would stand for questions. We went through this fairly quickly. We are thrilled -- I think you may know, I'm -- this is my final year at the Y. It will be 41 years at the end of this year. I have got to do some awesome things. This will top them all when we get this done. This will be a model nationwide. It will be a model statewide. David Turnbull, I can speak for him and I can speak for Dr. Clark, you can verify this, they are already talking about when do we do this in north Meridian. Let's get this done and, then, let's go look at north Meridian, because -- and other communities are going to try to be beating us to the punch. The library district is also interested in that. So, first things first. We have got to get this one done, but we think it's just going to be an amazing place for kids. The healthiest school in America, that's the attitude when they come in and the school where we believe -- truly believe that every kid has tremendous potential and promise and we are going to see that come to fruition. So, with that we will stand for questions. De Weerd: Thank you, Jim. Council, questions? Bird: I have none. Just a nice presentation. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I have got one. Park, library, school, YMCA -- lots of partnerships come together. Who is ultimately in charge of the project? I mean if -- if the school says a classroom needs to be used for something and the library says it needs to be used for something, who -- who gets to play the dad card as we say in our household? Everett: Councilman Cavener, that's a great question. There will be -- there will be -- this will be a condominium agreement. So, we have -- the West Y is that kind of an agreement. The city -- many people don't realize that. That's almost 20 years. That would be 20 years old this January that that facility has been in operation. It's a condominium agreement. So, they are actually out ownership wise. So, within the school, the school will have the final say. Within the Y it will have the final say. It really is Meridian City Council Mach 24, 2015 Page 28 of 44 picking your partners carefully and so one example -- I gave one example of the kind of teachers they are going to hire there. I mean Dr. Clark has gone on the record, we will hire teachers that understand this is a shared facility and if you don't like that -- it doesn't mean you're a bad teacher, but you're just not going to be very happy in this facility. The other example we had we were talking about the phasing of this, because the schools are -- you know, once the bond passed, Meridian has opened 2016 -- fall of 2016. That has the contractor and the architect very nervous and so we are scrambling and the question came up, all right, if we do this in phases and the Y builds part of this, we probably need to build a separate entrance. Bruce Gestrin said, no, we don't need to build a separate entrance, come in through -- why would we waste money doing that? The Y patrons will come right through the same door, the school door. We might have to hire an extra security person that will also be a welcoming person, so it really is -- it's more attitudinal. You know, there will be some times when we will have to have those discussions, but that's how -- that's who will make those calls within the -- you know, within the facility. We have done this -- it's not a new concept for us. In the 20 years with the city of Boise I can remember two or three meetings that we have had where we have had that kind of visit, what we were trying to do and it's been -- I met with Doug Holloway the other day, the parks and rec director and feel free to check with him. I talked to the city of Caldwell with that partnership and the schools. We use the schools every single week of the year we are using the schools for either our youth sports programs or our after school programs or our preschool programs. So, those -- those opportunities for conflict exist all the time, but they rarely occur, but when they do we just address them. Cavener: Okay. Very good. Thank you. De Weerd: Okay. Any other questions from Council? Curtis: Madam Mayor, with your permission, may I share with you the materials we are using in our fundraising efforts? De Weerd: Yes. Please. Everett: And I will forewarn when he passes those out, there is a pledge card in there. We don't go anyplace without seeing if anybody wants to help us, but, you know, we hope to bring you back some more news on fundraising. We have got a couple of seven figure asks out there right now and we are working hard to get this done. And I think Marty Hill is back there and we want to thank Marty. Marty and Dixie have been unbelievable in this project, as has David Turnbull. Those are great citizens and those guys -- this wouldn't happen without -- without Dixie and Marty and David and their contributions of land. Rountree: I was going to thank Scott for moving the meeting schedule and location around. Curtis: Oh, you're welcome. Rountree: Much more convenient. Meridian City Council Mach 24, 2015 Page 29 of 44 Curtis: You're welcome. Rountree: Thank you. Everett: This is going to be co-owned by us. This is not a Y project, this is a community project and that's what we have learned over the years. So, thank you. Bird: Thank you. Item 7: Items Moved From Consent Agenda De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item 8: Action Items A. Continued from March 17, 2015 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 B. Continued from March 17, 2015 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: So, we will move into Items 8-A and B and I will turn this over to staff. Chatterton: Madam Mayor, Council Members, you know our bench is not very deep in Community Development when I'm presenting an application item. Sonya Watters was not able to be here tonight, so I'm subbing for her. Ably -- well, I guess we will find out. This item, you may remember, was continued from March 17th to determine the requirements for the fencing along Mr. Cullip's property and we are going to bring up a graphic here in just a second. To switch over from computers means I need the help of our IT director. We sent you in your packet a memo explaining the fencing requirement. Just a little history. In 2006 Mr. Cullip testified at the P&Z hearing and this was for the Bellabrook Estates, as opposed to Bellabrook East Sub, which we are talking about tonight. Mr. Cullip testified at the P&Z hearing and requested that the Commission require fencing along the east -- excuse me -- along the south boundary. Let me see if I can bring the -- okay. Good. We are up. And that was -- this is Mr. Cullip's property here. The south boundary of this property is right here. So, had property right here and requested that the P&Z require fencing along that south boundary. Staff was advocating against the fencing, because it would be within the flood way and flood plain, both of which cross that southern portion of Cullip's property. Mr. Cullip didn't talk at the Council about the fencing issue. We follow up with the flood plain administrator regarding the fencing within these Meridian City Council Mach 24, 2015 Page 30 of 44 areas. Dave Miles has confirmed that fencing is prohibited from being constructed within the flood way, can't do it at all, but you could do it within the flood plain with a special flood plain permit. However, it wouldn't be continuous fencing along the southern part of the fence. So, that's a bit of a problem. And fencing is not required by the UDC. So, that's a little history and background. But I need to point out that Mr. Cullip's property does not actually touch the current application's location. So, you see here the current application is the area which is cross-hatched. Mr. Cullip's property touches the northern part of this common lot associated with -- with Bellabrook -- the original Bellabrook sub and that's not part of this development application. So, I don't see a way in which we could require fencing through this application process for an off-site piece of property. If you follow my reasoning there. And in addition to fencing, looking at the public record from last week, staff believes there is some additional items that need further clarification from the Council and the applicant. First, the details and the location of the amenity, basically where does the developer propose to place it. We'd like to hear from the applicant on that. Paving the emergency access. One of the things that was left open last week was that the developer wishes to do gravel, rather than paving the emergency access and there was some discussion with Fire about that. Third, requiring the multi-use pathway within the development of Lot 5 and that's this piece of property here. And, finally, the looped water system, we'd like to hear from the applicant and perhaps our city engineer on that issue. Those are staff comments. Happy to answer any questions. De Weerd: Council, any questions for staff? Bird: I have none. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Thomas: Thank you. Madam Mayor, Council Members, my name is Ben Thomas. P.O. Box 170811 in Boise. 83717. Representing the applicant. Again, as I stated last week, the applicant is in support of all the conditions in the staff report as written, except for the 2.1.1 regarding the waterline issue. And he's not as much opposed to that condition as he is he just wants to get clarification on why it's necessary -- or if it's necessary and why that is, because there is already an eight inch stubbed to this site, so I'm sure Mr. Stewart will tell us why that's necessary if it is, but we will accept that condition if the waterline really does need to be there. As Bruce stated regarding the fencing, that was, I think, a condition of approval. In the 2006 project that was approved for Bellabrook -- as you know that project expired, that preliminary plat died before the final plat was recorded. In 2013 we re-applied with a new preliminary plat for Bellabrook, which was a different concept. It wasn't the original condominiums, but a bunch of single family detached homes. That project was approved with no conditions to put a fence along Mr. Cullip's property and so, therefore, when that 2013 project was built out, final plat was recorded, we feel like we did comply with all of the conditions of approval of that project. The amenity that we are proposing for this is a picnic table or similar site amenity as defined in the UDC. We did submit a detail for the picnic table prior to the last P&C hearing. We would propose, actually, to move that now down to our Lot 1, Block 1, which is the along Meridian City Council Mach 24, 2015 Page 31 of 44 common lot that goes out to Locust Grove that also contains the fire access road. So, instead of putting it up on the common lot in Bellabrook, we actually have now proposed to leave it down on our site. The applicant -- I did speak to the applicant today. He still very much wants to leave the fire access road gravel. And so with that we would stand for any questions. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Maybe I misunderstood, but it sounds like what you just said is that you want to put a picnic table in the middle of that emergency access? Thomas: Not in the middle of the road itself. That common lot is 50 feet wide. The fire access road only needs to be 20. So, we have plenty of room to fit that in there somewhere. Zaremba: All right. Thank you. Thomas: Sorry. De Weerd: Any other questions from Council? Okay. Thank you. Thomas: Thank you. De Weerd: This is a continued public hearing. Is there any further testimony to consider on this application? Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Mr. Stewart may want to comment on the water looping, but my assumption is the necessity for that is so that we don't end up with debris or whatever it is that collects in the line sometimes when that's a dead-end line and not looped in makes it difficult to flush when we are trying to remove the brownish materials. Mr. Stewart Stewart: Madam Mayor, Members of the Council, that is one very important reason that we try to do this. As you guys are aware, we had a discussion a number of months back regarding redundancy and secondary connections to subdivisions. We had proposed at that time to set a number of lots that you could add. We backed away from that, essentially went back to the former policy until we could come back to you with something that had been vetted through the community. So, we know just looking at these on a case-by-case basis, but there are a number of reasons that it's very advantageous for us to loop particular developments. Increased fire protection or improve fire protection is one of those. Water quality is a significant one of those and you are correct, it does help to Meridian City Council Mach 24, 2015 Page 32 of 44 move water continuously through those lines, which prohibits -- or let me -- not prohibits, but minimizes the amount of sedimentation that -- that comes out and settles in the pipes and it has to be flushed out. So, we don't have to flush that system as often. The water quality that the residents of that subdivision receive -- it's higher quality water. It's easier for operations to maintain. They don't have to come out there and flush as often, they don't have to waste as much water, because they aren't flushing that to waste. So, there are a number of advantages to that. It also helps to facilitate growth in adjacent developments as that comes in. So, there is a variety of reasons that we look at. We try and make sure that at this point we only make this request when it's -- when it's reasonable, that there is not significant off-site main lines and things like that that have to be constructed, but that's a fairly reasonable request and that it improves water quality, fire protection, and also operational -- operational ability at that particular site. So, those are the reasons that that is done and with that I would stand for your questions. De Weerd: Any further questions on that? Mr. Zaremba? Zaremba: No. That was an answer to me. Thank you. De Weerd: Okay. Thank you. Anything further from Council? Bird: I have none, Mayor. De Weerd: Any final comment from the applicant? Okay. Rountree: Madam Mayor, question for Bruce. Did the discussion about the picnic table and whatnot with respect to its location, answer the question that -- about the detail and location of the amenity? Okay. Chatterton: Madam Mayor, Council Member Rountree, yes, it did. I -- of course we still have outstanding -- and thank you for bringing that up. The issue of paving the emergency access and, then, also the issue of requiring the multi-use pathway to be developed along with the development of Lot 5, the lot to the east. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: That third point requiring the multi-use pathway with the development of Lot 5, I think that came up because it was unclear whether it needed to be developed now or whether it could wait until the development of Lot 5. My feeling was that it would be okay to wait for the development of Lot 5, as long as we knew it was going to come up and be insisted upon at that time. That's my personal opinion. I think the original request was that it be developed now and the applicant wanted it to wait and my concern was we need to make sure there is a way to make sure it happens when Lot 5 develops. I don't know if I'm interpreting what everybody else thought, too, but we definitely want that pathway. I think it's okay if it waits for the development of Lot 5, as long as we know that it can't slip Meridian City Council Mach 24, 2015 Page 33 of 44 through the cracks sometime when Lot 5 comes up for further subdivision. That was my opinion. I see heads nodding. Chatterton: Madam Mayor, Council Member Zaremba, that's my understanding of the conversation. I wasn't here last week, but the conversation that took place. Making that clarification for the record would be very helpful to staff. Zaremba: And, then, we also had some discussion about the -- paving the emergency access. The response was that most likely the emergency access is needed by the Fire Department and when it is time for them to use it, whether it's six months now or 20 years from now, that access has to be passable by their equipment should the other public roadway access be unavailable. The Fire Department seems to be comfortable with leaving it gravel, as long as it's built to a certain standard, because it's not going to be an actively used area. They did say that if it was an area that was going to have vehicles on it in the interim, the gravel would probably spread and get screwed up and that would not be satisfactory. But it sounded to me like they were saying as long as it's a low use area, maybe a pathway for people to walk, but they -- they were comfortable with -- with it being gravel, as long as the sub base was designed for its intended use, which is a fire truck has to be able to drive on it. So, they were feeling that it would not get messed up and didn't see the necessity for it to be paved. And I'm happy to take their take on that. I see other heads nodding again. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: If there is no more testimony, I would move that we close the public hearing. Bird: On both of them? Rountree: On both. Bird: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-A and B. Oh. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve Item 8-A with the following clarifications for staff with respect to the development agreement and the final plat -- or the development plats that the location and amenity as described this evening will be included. That the emergency Meridian City Council Mach 24, 2015 Page 34 of 44 access will be paved. Requiring that the multi-use pathway be developed with the development of Lot 5 and that the water system be looped. De Weerd: Okay. I have a motion. Do I have a second? Cavener: Second. De Weerd: Motion and a second to approve Item 8-A. Zaremba: Madam Mayor? Rountree: Madam Mayor, the point I make with the paved emergency access is that a dust, unabated gravel facility that length abutted by -- I think there is 14 or 15 homes, will be a dust nuisance when somebody drives their motorcycle up it or a four wheeler, which they will do. It will be a constant weed battle, which it will. It will be a very nice home for goat heads and flat tires for the kids that ride their bike up and down it and it will over time be much easier to maintain if it's paved and that's why I'm recommending that we pave the emergency access facility. De Weerd: Okay. Any further discussion? Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: On the motion maker, what specifications of paving are we going to do on that emergency access? Rountree: It has to be specified the sub base and the paving surface has to be sufficient to carry the 70,000 pound load that would be traversing it. Jones: Councilman Rountree, the code a 75,000 pound load rating. Rountree: Seventy-five thousand. Bird: Okay. De Weerd: Okay. Okay. Any further discussion? Bird: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. Meridian City Council Mach 24, 2015 Page 35 of 44 De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: The hearing is closed. If you have additional questions about what the Council's action was? Please come forward. Xu: Madam Mayor and Members of Council, My name is Danny Xu. My address is 1681 Bellalucca Lane. De Weerd: Can you spell it? Xu: Oh. Okay. Danny. D-a-n-n-y. Xu is X -- spelled as X-u. De Weerd: X-u? Xu: Right. De Weerd: Okay. Thank you. Xu: So, I'm currently living in the Bellabrook Subdivision -- De Weerd: And your backyard is -- Xu: My backyard is right next to the private road. So -- so, as a resident of the subdivision I talked to my neighbors and -- who have their backyard on the same line right next to back private road today. So, they -- because they have to work so they are not able to come this meeting. They told me that, you know, I could actually represent their opinion regarding this -- the paving of the back road. So, I gather your information, basically, all of us agree that we would like to -- we would like the road to stay as gravel for a couple of reasons. De Weerd: Okay. The Council action -- it's too late. The Council asked that it be paved and they just voted on that, so it's -- Xu: I'm trying to express my opinion from there, but, you know, right before you guys -- De Weerd: The public hearing had already been closed. So, your testimony is captured from last week when you were -- when you were here, but -- and we do have an ordinance about dust control and so the decision has been made by City Council. Xu: Okay. De Weerd: Okay? Meridian City Council Mach 24, 2015 Page 36 of 44 Xu: Well, I just want to express opinion not just for myself, my family, but also the families that will be affected by the City Council decision, because we live in that subdivision and that's how we think about the condition of the back road. De Weerd: Right. And I think that was part of the discussion from Council in terms of it will be easier for upkeep. The weed -- the weed problems that can come up in a gravel road will be minimized with the pavement and it follows our ordinance for a dustless surface. Xu: Okay. Rountree: It's not a road. De Weerd: Yeah. It isn't a road and it will be -- no one is going to use it as a road. It will be blocked from the road. The only one who will have access is our Fire Department or our emergency services. Xu: Okay. De Weerd: We appreciate you being here, though. Xu: Thank you. I appreciate it. De Weerd: Thank you. Okay. Item 9-A. Council, in front of you you have Resolution 15 -- Bird: Do B. De Weerd: Oh, I'm sorry. 8-B. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Item 8-B with staff and Council's comments. Bird: Second. De Weerd: I have a motion and a second on -- to approve Item 8-B. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. Meridian City Council Mach 24, 2015 Page 37 of 44 MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 9: Department Reports A. Mayor's Office: Resolution No. 15-1058: Appointing Dawn Cronk to Seat 1 of Historic Preservation Commission De Weerd: Item 9-A is Resolution 15-1058. It is to appoint Dawn Cronk to Seat 1 of the HPC. Council, you do have the information in your packets and I would stand for any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no questions, I move we approve Resolution No. 15-1058. Cavener: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. B. Arts Commission Update On Percent-For-Art Concept And Long- Term Planning For Public Art In Meridian De Weerd: Item 9-B is an update and I will turn this over to Robert. Simison: Thank you, Madam Mayor, Members of the Council. I'm here today -- Emily Kane couldn't be here, so I'm here as well represented. You may remember we presented to you back in January on percent for art to get a little bit of feedback from Council on how to move forward. I'm here today with an update on that from the conversation that was had with the Meridian Arts Commission back in November, City Council in January, the conversation we have had with the Meridian Arts Commission the last two months regarding percent for arts type ordinance for the City of Meridian. We took the feedback from City Council to the Arts Commission and order to get their recommendation for Council on how they would like to proceed with a percent for arts type ordinance here in the City of Meridian and so I'm here to bring back the discussion and recommendation to you for consideration to hopefully get additional guidance on how to move forward after this meeting. So, with that in mind, the purpose of the funds that we Meridian City Council Mach 24, 2015 Page 38 of 44 talk about are to create public art in spaces throughout the city, including art on municipal facilities. They did feel that based upon the approaches which were discussed with them that having a steady amount would be the preferred approach, as compared to coming in with the fund balance transfer at the end of the year, which could have given a lot of money in any given year or a little bit of money, but they felt with where we are in the city, having some predictability would be the best way to try to infuse art into the community. With that in mind they felt that the General Fund amount, based upon a per capital amount, as well as Enterprise Fund based upon a per account amount, would be the best way to create a reasonable amount of funds over time frame with specific projects in mind. So, what does mean? Well, what that looks like is we talked about doing the 50 cents per person per year for -- from the General Fund. The numbers you have there for FY-16 estimate is more of an exact amount based upon the COMPASS figures that they just adopted and we are now over 90,000 people based upon the COMPASS estimates, so that's 50 cent per person per number based upon that. I have estimated 2,000 people per year growth into that figure, which based upon the 6,000 that it was last year, that could be low, but we have also talked about capping that amount at 50,000 dollars a year as one way to still allow it to grow, but also have the expectation that it's not going to continue to grow every year beyond a reasonable amount and I will get into -- part of that is just from a workload standpoint, I think that unless you are going to get into doing very large projects -- and most of the projects that we talked about doing in this fashion -- some of them are a couple of lower dollar amounts and there are a couple of larger projects that take a lot of time and a lot of energy and effort and even with the addition of Hillary Bodnar to help them with their work, it's still going to take time and effort to do these. So, with that in mind you can see what a five year percent for art type ordinance would entail. Now with having the city doing five traffic boxes a year for five years, still getting 25 traffic box art for the next five years and two projects in our parks with an estimated cost of 75,000 dollars each, that could be high, that could be low, but it's working with our Parks Department to identify where those would be, the best size, location, type. And, then, doing some complimentary downtown art pieces. We have the Under The Sun and Dreaming at the south end of the -- MDC is working with the Arts Commission this year to do something at the north end on the parcel and it's really trying to find some pieces that would be complimentary to those in our downtown to go along with the traffic box art that's being done. So, that's our recommendation for the General Fund. Enterprise Fund. This one would look about a dollar per account per year and I have left this at 30,000. I think that there is some -- even talking with Terri Glenn there is -- that number fluctuates and I think we would have to just figure out a little bit more what exactly that means in terms of is it active accounts, because some go active, some shut down, but she did say that they are varying about 500 accounts a year right now. So, you can see where that would put us over a five year period and from this perspective if we look at doing two public art projects. One at the water department, which is adjacent to a park on the property that would be accessible to the community and, then, one at the wastewater treatment plant that would be near the RV dump in a public place. What those will look like we wouldn't -- don't know if they would be just decorative, if they would be interpretive -- again, working with the Public Works Department to insure that whatever is produced met with what they would like to see and what the Arts Commission thinks would be of benefit and value to the community. So, those are the projects that we have come up -- the funding sources Meridian City Council Mach 24, 2015 Page 39 of 44 and the identified projects. So, really, where we are today also is to see if City Council is interested in pursuing this type of an approach of funding arts in the community. If so, I'm sure Mr. Nary would direct his staff to work on a proposed ordinance that could be brought back for Council probably at the -- I'm just going to guess the workshop in April we could probably have something that would be considered for your review and move forward and if that does put in place I know MAC is excited to update their plan with a public art component to it. So, with that I would be happy to stand for any questions you may have. De Weerd: Thank you, Robert. Council, any questions? Okay. We are seeking direction. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Maybe a comment then. At the 101 level report of this idea, this proposal, the piece that I'm hung up with and maybe this is an item for discussion during our workshop is the dollar per account tied to the -- to the Enterprise Fund and my concern from that rises with -- as the Public Works Director Tom Barry has discussed many times the significant cost that our citizens are going to have to pay as we become compliant with the federal government and the cost that we pass on to them I just -- I'm concerned about adding an additional dollar on top of that for art. Just one -- one person's opinion. I like the idea of tying it directly to population out of General Fund. I'm going to need some massaging on doing a separate fund out of the Enterprise Fund personally. That's my opinion. Simison: Madam Mayor, Councilman Cavener, Council -- and Mr. Stewart can definitely speak for the Public Works Department needs. I have spoke to the Public Works Director and I think he does share, you know, that every -- everything you do does add towards that bottom like over ten years. In our conversation -- I don't want to misrepresent where he is. He was not opposed to this in the concept that this is at least a very reasonable figure. Whether or not Council views that as being reasonable over the five years I think is -- is that question, but it was at least something that he did not tell me to not come up here say specifically, though he may have given different directions to Mr. Stewart. Cavener: Fair enough. De Weerd: Did he? Stewart: Madam Mayor, Members of the Council, no, he did not. De Weerd: Just wanted to verify. Rountree: Madam Mayor, I have the same concerns as Luke does about the Enterprise Fund. It seems to me that, you know, they are just a sub set -- they are a sub set of the entire populace. Our ratepayers are still in somewhat of an upward spiral in terms of Meridian City Council Mach 24, 2015 Page 40 of 44 rates. Over ten years it's a lot of money and it's money that -- we don't know that we couldn't certainly better spend in improvements to the wastewater and water facilities that we have in place. So, I don't have an objection to funding public art with the nominal 50 cents a head and at least in that proposal. We have an idea of what we are going to get. We don't have really an idea or sense of what we are going to get with the Enterprise. So, I think -- I think for now my direction would be go ahead and look at the General Fund approach and as we -- I think we are going to get a rate discussion relatively soon, probably not -- De Weerd: In May. Bird: May. Rountree: In May. But I'm going to withhold my direction on the Enterprise Fund until I hear some more about what rates are going to do. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I, too, think that the ratepayers are paying the max right now. We just -- we just hit them with a 3.75 a month savings account deal to go on it. As far as 50 cents per citizen, I have no problem with that. I do doubt the -- the -- COMPASS's counting, because they get paid by how many we got. I would like to see what the state thinks we are, because they pay us by how many we got. And I will say that the ones -- the census I have been around, 2000 and 2010, COMPASS has been five to ten percent high with their estimates from what our deal come back. Simison: Madam Mayor, Councilman Bird, based on the 2010 census COMPASS was a lot closer than anybody else in their numbers. Bird: I know state's low. Simison: And all I can say is from the perspective -- that's what we pay for dues and every other organization is based upon our COMPASS dues to others, so it's a least an apples to apples comparison about what others are charging. De Weerd: I did offer Nampa to pay for our population estimate and we would pay for theirs. If that helps. Rountree: I wouldn't make it feel any better. De Weerd: No. They -- they didn't go for it. Any other questions? Zaremba: Madam Mayor? Meridian City Council Mach 24, 2015 Page 41 of 44 De Weerd: Mr. Zaremba. Zaremba: I guess it's been said, but just to chime in. If -- if Council makes the decision that it's a legitimate expense to provide Meridian with artwork and to -- and that improves the area, I can see spending that money out of the General Fund. I go along with the idea that -- that the Enterprise Fund has a specific purpose and -- and that's what the public expects it to be used for. I don't even particularly want to open the door to saying, oh, we are collecting this month we are going to start using it for other things besides water and sewer. I'm uncomfortable with that. You know, if we -- in an open meeting make the decision to spend general funds that way, we will hear about it if the people don't like it. I just personally think it's a little unfair to redirect funds out of the Enterprise Fund. So, I wouldn't go that direction. De Weerd: Thank you. Well, I -- I will, then, have legal to put together the necessary documents. Do I need a motion for that? Nary: No. De Weerd: Okay. And will bring it back in April. Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would -- I would like for the Arts Commission to take a look at that ordinance to make sure we are not giving them an ordinance that they don't want to -- they can't do or won't do. Let them look at them. Simison: Madam Mayor, Councilman Bird, we can definitely take that back to them. I think the plan that's been provided is based upon that information and that's why we brought back something that was doable and that they could handle over five years. Bird: The ordinance is different than what we got, the way they go, so -- let them look at it, please. De Weerd: Well, we will have to bring it back later in April. I don't think there is any time element, so -- okay. Thank you, Robert. Item 10: Ordinances A. Ordinance No. 15-1639: An Ordinance (AZ 14-014 Sulamita Church) for the Annexation and Rezone of a Parcel Being Located in the NE ¼ of the NE ¼ of Section 9, Township 3 South, Range 1 West, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R- 8 and Providing an Effective Date Meridian City Council Mach 24, 2015 Page 42 of 44 De Weerd: Item 10-A is Ordinance 15-1639. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. Ordinance No. 15-1639: An Ordinance (AZ 14-014 Sulamita Church) for Annexation and Rezone of a Parcel of land being Located in the NE ¼ of the NE ¼ of Section 9, Township 3 South, Range 1 West, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, Medium Density Residential District, in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and the Idaho State Tax Commission as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none. Bird: Hearing none. Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 15-1638 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 11: Future Meeting Topics De Weerd: Council, any topics to consider under 11? Bird: I have none at this point. Item 12: Other Items Meridian City Council Mach 24, 2015 Page 43 of 44 A. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Acquiring 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: Okay. I would ask for a motion, then, under 12-A for Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as Idaho State Code 67-2345(1)(c), (1)(d). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, absent; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (8:09 p.m. to 9:17 p.m.) De Weerd: -- Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FOUR AYES. TWO ABSENT. De Weerd: Do I have a motion -- Rountree: Move to adjourn. Bird: Second. De Weerd: All those in favor say aye. All ayes. Meridian City Council Mach 24, 2015 Page 44 of 44 MOTION CARRIED: FOUR AYES. TWO ABSENT. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:17 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO w 4/ / 7//5 DATE APPROVED zHi1V AOpLl p� S pa\ I CITY CLERK m Opq _���n,. Tn[ae�o ,, Changes to Agenda: None Item #8A, B: Bellabrook Estates (AZ -15-001; PP -15.001) Application(s): Annexation & Preliminary Plat Update for Council: This item was continued from the March 171h hearing to determine the requirements for the fencing along Mr. Cullip's property. Staff has prepared a Memo for Council explaining the changes to the fencing requirements. In 2006, Mr. Cullip testified at the P/Z hearing and requested the Commission require fencing along the south boundary. Staff was advocating against the fencing because it would be erected within the floodway/floodplain. Mr. Cullip did not testify at the Council about the fencing issue. Staff has followed-up with the Flood Plain Administrator regarding the fencing requirements within these areas. He has confirmed that fencing is prohibited from being constructed within the floodway however; it is allowed to be located within the flood plain with the approval of flood plain development permit. His preference is not to have fencing in this area and fencing is not required by the UDC. In reviewing the public record from the March 1711 hearing, staff believes there are additional items that need further clarification from the Council: 1) Detail and location of the amenity; 2) Paving the emergency access; 3) Requiring the multi -use pathway with the development of Lot 5; and 4) The looped water system. Notes: Meridian City Council Meeting DATE: March 24, 2015 ITEM TITLE: Whitebark WW, I -LI 1111111T PROJECT NUMBER: FP 15-007 A. FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning District MEETING NOTES ro I� rn ra, i r �" k sic (3 iJ n H uit rya 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 24, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-006 ITEM TITLE: Solterra No. 2 B. Final Order for Approval: 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 r y 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 24, 2015 ITEM NUMBER: PROJECT NUMBER: FP 15-008 ITEM TITLE: Three Corners C. FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty -One (21) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: 5D PROJECT NUMBER: AZ 14-014 ITEM TITLE: Sulamita Church D. Findings of Fact, Conclusions of Law and Order for Approval: 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 24, 2015 ITEM NUMBER: PROJECT NUMBER: CUP 14-019 ITEM TITLE: Sulamita Church E. Findings of Fact, Conclusions of Law and Order for Approval: 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 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 24, 2015 ITEM NUMBER: PROJECT NUMBER: AZ 14-014 ITEM TITLE: Sulamita Church F. Development Agreement for Approval: AZ 14-014 Sulamita Church Located at the Southwest Corner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane Request: Annexation and Zoning of 9.76 Acres of Land with the R-8 Zoning District. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-023708 BOISE IDAHO Pgs=41 VICTORIA BAILEY 03/2 51201 5 11:52 AM MERIDIAN CITY NO FEE 1111111111111111111111111111111111111111111111111 00078004201500237080410412 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Sulamita Church, Owner/Developer p� THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this % day of e!n4���/4 , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Sulamita Church, whose address is 1021 N. W. 8s' Street, Meridian, ID 83642, hereinafter called OWNEWDEVELOPER. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC'), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the annexation of approximately 9.76 acres of land from the RUT zoning district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT- SULAMITA CouRCH (AZ- 14-014) PAGE 1 OF 8 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 24°1 day of March, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Sulamita Church, whose address is 1021 N.W. 8th Street, Meridian, Idaho 83642, the party that is DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 2 OF 8 developing said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Access to the site is restricted to those access points shown on the site plan in Exhibit A as approved with this application by the City of Meridian and Ada County Highway District. 5.1.2 A recorded easement granting cross -access to the property to the west (parcel #S 1209110307) shall be submitted to the City with the Certificate of Zoning Compliance application. 5.1.3 Future development of this site shall be generally consistent with the site plan, landscape plan and building elevations shown in Exhibit A of the Staff Report that is attached as part of the Findings of Fact and Conclusions of Law and the conditions listed in said Staff Report. 5.1.4 The southern fagade of the building addition to be constructed in Phase II shall incorporate modulations in the facade in accord with the design standards listed in UDC 11 -3A -19A and the design guidelines listed in the Meridian Design Manual. 5.1.5 A minimum ten (10) foot wide multi -use pathway is required to be constructed along the north side of the Ten Mile Creek in accord with the Pathways Master Plan. Landscaping is required along the pathway in accord with the standards listed in UDC 11-313-12C. 5.1.6 The Ten Mile Creek shall remain open and not be piped. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. DEVELOPMENTAGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 3 OF 8 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. hi the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT - SULAMr1A CHURCH (AZ - 14-014) PAGE 4 OF 8 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duty approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Sulamita Church 1021 N. W. 81h Street Meridian, ID 83642 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ- 14-014) PAGE 5 OP 8 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expresslyprovided, eachparty shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and Cityrelative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them DEVELOPMENT AGREEMENT- SULAMITA CHURCH (AZ -14-014) PAGE 6 or 8 or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Sulamita Church ATTEST: CityCler CITY OF MERIDIAN B o Mayo y de Weerd /51 ' c n r, r_'ry r DEVELOPMENT AGREEMENT - SULAMITA CHURCH (AZ -14-014) PAGE 7 OF 8 By: ATTEST: CityCler CITY OF MERIDIAN B o Mayo y de Weerd /51 ' c n r, r_'ry r DEVELOPMENT AGREEMENT - SULAMITA CHURCH (AZ -14-014) PAGE 7 OF 8 STATE OF IDAHO ) ss: County of Ada, On this � day of /// , 2015 before me, the undersigned, a Notary Public in and for said State, personally appeared 1/p�� a1Yr1 K , known or identified to me to be the 77 LQ' Uf iU 1' of Sulamita Church, and acknowledged to me that he executed the same on behalf of said Church. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL)(,2,p,NCH0','O TAR1 Notary Public for Idaho Residing at: My Commission Expires: UB LSC)orf of 1DP STATE OF IDAHO ) ss County of Ada On this day of2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) Notary Public Pr Idaho Residing at: Commission expires: z/ & 2 DEVELOPMENT AGREEMENT- SULAMITA CFMCu (AZ- 14-014) PAGE 8 OF 8 EXHIBIT A IDAHO 14SO Ent WAWOW X51. a Suku 110 SURVEY l*idlvL ldih,S 12 GROUP Phil. poq 0464s70 FIX OR 104,5190 Project No. 14.141 August 14, 2014 Revised November 19, 2014 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION SULAMITA, INC. PROPERTIES A parcel of land being located In Ole NE 1/4 of the NE 1/4 of Secllon 9, UN., RAW., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the NE corner of said Section 9 from which the N1/4 comer of said Section 9 bears North 89°38'00' West, 2649.94 feel; thence along the East boundary Ilne of said Section 9 South 00°01'38" West, 712.36 feel; thence leaving said East boundary line North 88°16'00' West, 364.00 feel; thence North 72°69'30' West, 199.19 feel; thence North 70'39'30' West, 76.62 fent to the SW comer of said Parcel 2; thence North 00001'36' East, 622.14 feel to a point on the North boundary line of said Section 9 thence along said North boundary line South 89'36'00' East, 618.86 feet to the REAL POINT OF BEGINNING containing 9.76 acres, more or less. Prepared by; Idaho Survey,,Group, P.C. Gregory G. Carter, P.L.S. 6 USe1N*dc4N+dkcd Lal Cmw11J,4m 14-I4147xa [. mw=bion Pmicadx Sulaurita Church — AZ 14-014 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER (AWE IDIAN*-- IDAHO In the Matter of the Request for Annexation and Zoning of 9.76 Acres of Land with an R-8 Zoning District; and Conditional Use Permit for a Church in the R-8 Zoning District, Located at the Southwest Corner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane, by Sulamita Church. Case No(s). AZ -14-014; CUP -14-019 For the City Council Hearing Date of. March 17, 2015 (Findings on March 24, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 17, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 17, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 17, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 17, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (1.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-014; CUP -14-019 -I- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 17, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in the attached Staff Report for the hearing date of March 17, 2015, attached as Exhibit A. 2. The applicant's request for a conditional use permit for a church in the R-8 zoning district is approved in accord with the conditions in the attached Staff Report for the hearing date of March 17, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Conditional Use Permit Duration Please take notice that the conditional use permit, when granted, shall be valid for a maximum period of two (2) years unless otherwise approved by the City. During this time, the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting, the final plat must be signed by the City Engineer within this two (2) year period. Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -5B -6.G.1, the Director may authorize a single extension of the time to commence the use not to exceed one (1) two (2) year period. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11-513-313). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-014; CUP -14-019 -2- I. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. Attached: Staff Report for the hearing date of March 17, 2015 CITY OF MERIDIAN FINDINGS OF FAC1', CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-014; CUP -14-019 -3- By action of the City Council at its regular meeting held on the a� day of 2015.1 COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTEI)4 `— COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED —^ COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tam e WeeT "X-1) A Attest: ?> n ' Gry "e V11110 // Jaycee fonan SrP City Cleric rFk llic 46E Copy served upon Applicant, Th Planning Division, Public Works Department and City Attorney. Dated: 3a� / CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-014; CUP -14-019 4- STAFF REPORT TO: FROM: SUBJECT: EXHIBIT A Hearing Date: March 17, 2015 (Continued from March 3, 2015) Mayor & City Council Sonya Watters, Associate City Planner 208-884-5533 CVEP,IDIAN*,,- IDAHA Bruce Freckleton, Development Services Manager 208-887-2211 AZ -14-014; CUP -14-019 — Sulamita Church I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Architecture Northwest, has submitted an application for annexation and zoning (AZ) of 9.76 acres of land with an R-8 zoning district designation. A conditional use permit (CUP) is also proposed for a church in the R-8 zoning district. See Section LV of the staff report for more information. H. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CUP applications in accord with the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on December 18.2014 January 15, and February 5.2015. At the public hearing on February 5 2015 the Commission moved to recommend approval of the subject AZ and CUP requests. a. Summary of Commission Public Hearing: i. Testified in favor: Vladimir Lukomskv; Vasily Shabura; Pavel Stroh; Eugene Kazimir• Mike Bartosh, Timor Muzafarov; Vadim Elikh; Sergey Vassin; Randy Haverfield• and Anton Bovarchuk ii. Signed Up in Favor: Pavel Shulga; Aleksandra Shulga; Viktor Tseme; Viktor Ludan; Yelena Ludan; Ilya Vasilchenko; Vlad Lukomskv; Vitaliv Kochubev Igor Ivko• Prudniceva Mariva; Vasilino Nikoryak; Inna Tsema; Valentina Bartosh; Vitaliv Elikh• Anna Kazmina; Stretlana Brabura: Vladimir Bovarchuk; and Nataliva Kochubev iii. In opposition: None iv. Commenting: None v. Written testimony: Randy Haverfield, Applicant's Representative (in agreement with staff report) vi. Staff presenting application: Sonya Watters vii. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None e. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None Sulamita Church AZ -14-014; CUP -14-019 PAGE 1 EXHIBIT A a.SUIRmau L of City In favor: Paul Council Public Struk Vasily Hearin : Shabura; Victor Tseme lk In opposition: None fii Commenting: None iy. Written testimony: None y. Staff presenting application: Sonva Watters A Other staff commenting on annlication: None Key Issues of Discussion by Council: Z None c. Kev Council Changes to Staff/Commission Recommendation ,GTiIa III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 014 & CUP -14-019, as presented in the staff report for the hearing date of March 17, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-014 & CUP -14-019, as presented during the hearing on Marchl7, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Numbers AZ -14-014 & CUP -14-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at the southwest coiner of N. Black Cat Road and W. Cherry Lane at 4973 W. Cherry Lane, in the NE '/n of Section 9, Township 3 North, Range 1 West. (Parcel #: S1209110210) B. Owner(s): Sulamita Church 1021 N. W. 8"' Street Meridian, TD 83642 C. Applicant: Randy Haverfield 224 16°i Avenue South Nampa, ID 83651 D. Representative: Same as applicant E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and conditional use permit. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, Sulamita Church AZ -14-014; CUP -14-019 PAGE 2 EXHIBIT A consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 1, and 15, 2014; December 29, 2014 and January 12, 2015 (re -notice) (Commission); January 26, and February 2, 2015 (re -notice) (Commission); February 9, 2015 City Council) C. Radius notices mailed to properties within 300 feet on: November 21, 2014; December 18, 2014 (re -notice); January 20, 2015 (re -notice) (Commission); February 9, and 23, 2015 Wty Council) D. Applicant posted notice on site(s) on: December 4, 2014 (Commission); January 23, 2015 (re - notice) (Commission); March 5, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential agricultural property, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Cherry Lane and rural residential properties, zoned RUT in Ada County 2. East: N. Black Cat Road and single-family residential properties, zoned R-4 and R-8 3. South: Rural residential property, zoned RUT in Ada County 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Location of sewer: A sanitary sewer main intended to provide service to the proposed site currently exists in N. Black Cat Road. 2. Location of water: Domestic water main intended to provide service to the proposed site currently exists in N. Black Cat Road and W. Cherry Lane. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: The Ten Mile Creek runs along the southern boundary of this site; there is also an irrigation ditch that crosses this site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 4. Flood Plain: A portion of this site along the southern property boundary adjacent to the Ten Mile Creek lies within the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an Sulamita Church AZ -14-014; CUP -14-019 PAGE 3 EXHIBIT A interconnected sidewalk and street system. The applicant proposes to annex the subject property with an R-8 zoning district, consistent with the MDR designation, and develop the site with a church. The proposed church use requires conditional use approval in the R-8 zoning district per UDC Table 11-2A-2. Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this properly (staff analysis in italics): • "Permit schools, churches, and other public and civic uses in rural areas, that are compatible with adjacent uses." (3.05.02E) The site for the proposed church is located on the fringe of current City limits, in a primarily rural area of the City and the use should be compatible with adjacent residential uses. • "Require appropriate landscaping and buffers along transportation corridor (setback, vegetation, low walls, berms, etc.) (3.06.02F) A minimum 25 foot wide landscape buffer is required along N. Black Cat Road and W. Cherry Lane, both arterial streets, per UDC Table 11-2A-7. These landscape buffers are required to be planted in accord with the standards listed in & 11-3B-7, as shown on the landscape plan • "Limit canal tiling and piping of ditches, creeks, and drains where public safety issues are not of concern." (5.01.0113) The Ten Mile Creek is a natural waterway that runs along the southern boundary of the site and is required to be left open and not piped. • "Improve and protect creeks (Five Mile, Eight Mile, Nine Mile, Ten Mile, South Slough, and Jackson and Evans drainages) throughout commercial, industrial and residential areas." (5.01.01E) The Ten Mile Creek is a natural amenity that should be improved and protected with development of this site. • "Coordinate with irrigation districts to implement the proposed pathway network along irrigation canals, ditches, creeks, and easements." (6.02.02C) The applicant should coordinate with both Settler's Irrigation District and the City Parks Department to implement the segment of the pathway network that lies on this site along the Ten Mile Creek. • "Reduce the number of existing access points onto arterial streets by using methods such as cross -access agreements, access management, and frontage/backage roads." (3.03.02N) There is an existing driveway access to the subject site via W Cherry Lane and two existing driveway accesses via N. Black Cat Road for the existing homes. The access on Cherry is proposed to be removed and a new access is proposed to be shared with the property to the west. The northern access via N. Black Cat Road is proposed to remain and be reconstructed in alignment with W Thorn Creek Street on the east side of Black Cat Road, and the southern driveway is proposed to be retnoved. With removal of one access and relocation and proposal of a shared access, the number of access points will be reduced with development of this site. • "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01 F) City services are available and will be extended with the development of the site in accord with UDC 11-3A-21. Sulamlta Church AZ -14-014; CUP -14-019 PAGE EXHIBIT A VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zone: Per UDC 11-2A-1, the purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. The medium density residential (R-8) district allows a maximum gross density of 8 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-6 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-8 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the property for a church is listed as conditional use in the R-8 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-6 for the R-8 zoning district. E. Off -Street Parking: Off -sheet parking is required in accord with UDC Table 11-3C-6 for non- residential uses. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied to annex and zone a total of 9.76 acres of land with an R-8 zoning district. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City to the west and east and is within Meridian's Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B. Because the Future Land Use Map (FLUM) designation for this property is Medium Density Residential (MDR), Staff believes the proposed R-8 zoning is appropriate for this property as discussed above in Section VII. 2. Conditional Use Permit The applicant requests conditional use approval of a church in the R-8 zoning district as required by UDC Table 11-2A-2. Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC 11-4-3-6, Church or Place of Religious Worship, as follows: "Schools, child daycare services, meeting facilities for clubs and organizations, and other similar uses not operated primarily for the purpose of its congregation may be permitted to the extent the activity is otherwise permitted in the district." Sulamita Church AZ -14-014; CUP -14-019 PAGE 5 EXHIBIT A Site Plan: A site plan was submitted as shown in Exhibit A.2 that depicts the proposed project developing in two phases. The first phase will consist of a 28,457 square foot (s.f.) church facility, which will include a centralized foyer and main worship space, administrative office, nursery room, meeting rooms and fellowship gathering room. There will also be an unfinished gymnasium, kitchen and meeting rooms. The second phase will include a 5,883 square foot addition to the south side of the building. A floor plan is included in Exhibit A.2. Dimensional Standards: Staff has reviewed the proposed site plan for compliance with the dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district and found the existing accessory structures and proposed church structure are in compliance with these standards. A 25 -foot wide landscape street buffer is required along N. Black Cat Road and W. Cherry Lane, both arterial streets, as shown on the site and landscape plans. The maximum building height allowed in the R-8 district is 35 feet. Existing Structure(s): There are two existing homes and associated outbuildings on this site. Both of the homes are proposed to be removed but the outbuildings are proposed to remain as accessory structures for the church (see demolition plan in Exhibit A.2). Removal of the dwellings should take place prior to issuance of any building permits on the site. The structures that are proposed to remain should be screened from the street and adjacent properties with sight obscuring fencing. Right -of -Way (ROW) Improvements: ACRD is requiring the applicant to improve W. Cherry Lane with a 7 -foot wide detached sidewalk per the applicant's proposal, and dedicate additional ROW to total 53.5 feet of ROW from centerline for the N. Black Cat Road/W. Cherry Lane intersection project which is listed in the ACRD Capital Improvement Plan (CIP) for construction in 2017-2021. A 7 -foot wide detached sidewalk is also required along N. Black Cat Road per the applicant's proposal, and additional ROW is required to be dedicated to total 59 feet of ROW from centerline for the N. Black Cat Road/W. Cherry Lane intersection widening project. Vehicular Access: There is one existing access via W. Cherry Lane that is proposed to be removed and relocated to the west property line for shared access with the property to the west. There are two existing accesses via Black Cat Road; the northern access is proposed to be shifted to align with W. Thorn Creek Street on the east side of Black Cat and the southern access is proposed to be removed. Staff recommends access is restricted to those points shown on the site plan and as approved by ACRD. A recorded easement granting cross -access to the property to the west (parcel #S1209110307) should be submitted to the City with the Certificate of Zoning Compliance application for construction of the church. A new gravel driveway is proposed for access to the accessory structures off of the paved driveway via N. Black Cat Road. Typically driveways are required to be paved; however, because this driveway will be infrequently used to access lawn care and maintenance equipment stored in the buildings, the driveway may be constructed with a dustless material including but not limited to asphalt, concrete, pavers, bricks, or recycled asphalt in accord with UDC 11 -3C -5B; gravel is not allowed. The landscape plan should be revised accordingly. Landscaping: A landscape plan was submitted with this application for the subject property as shown in Exhibit A.3. Street buffers along W. Cherry Lane and N. Black Cat Road are depicted on the landscape plan in accord with standards listed in UDC Table 11-2A-6 and 11-313-7C. Sulamita Church AZ -14-014; CUP -14-019 PAGE 6 EXHIBIT A Parking lot landscaping is required to be provided in accord with the standards listed in UDC 11- 3B -8C, as depicted on the landscape plan. Landscaping is required along pathways in accord with the standards listed in UDC 11 -3B -12C. No landscaping is depicted on the landscape plan along the pathway adjacent to the Ten Mile Creek; landscaping should be shown on a revised plan submitted with the Certificate of Zoning Compliance in accord with UDC standards. Tree Mitigation: There are several existing trees on this site. All of the trees are proposed to be retained except for three small trees located within the proposed development area, which are proposed to be removed; mitigation calculations are shown on the landscape plan. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Mitigation information should be included on a revised landscape plan submitted with the Certificate of Zoning Compliance application in accord with UDC 11-3B-1OC.5. Sidewalks: The UDC (11-3A-17) requires minimum 5 -foot wide detached sidewalks to be provided along all arterial streets. The site plan depicts a 7 -foot wide detached sidewalk along the entire frontage of W. Cherry Lane and along the N. Black Cat Road frontage that lies north of the proposed driveway access to the site; the sidewalk should be extended from the driveway to the southern property boundary. Pathways: A regional pathway is designated on the Master Pathways Plan on this site along the north side of the Ten Mile Creek. The proposed site/landscape plans depicts a 10 -foot wide pathway easement along the creek; a 10 -foot wide pathway should be depicted within the easement and constructed with development of this site in accord with the Plan. A separate pedestrian easement should be submitted to the Park's Department for approval by City Council and subsequent recordation. The multi -use pathway is required to be illuminated with a four -foot tall bollard style or other appropriate lighting source, unless otherwise waived by the Director in accord with UDC 11 -3A - 8H. Such lighting shall be shielded from adjoining residences. A minimum 5 -foot wide internal pedestrian pathway is required to be provided from the perimeter sidewalk along W. Cherry Lane to the main building entrance as depicted on the plans. The internal pathway should be distinguished from the vehicular driving surface through the use of pavers, colored or scored concrete or bricks in accord with UDC 11 -3A -19A.4. Parking: Based on the overall square footage of the proposed building (28,457 s.f), a minimum of 57 parking spaces are required to be provided per UDC 11 -3C -6B. A total of 191 parking spaces are depicted on the site plan in compliance with UDC requirements. Parking stalls and drive aisles are required to comply with the dimensional standards listed in UDC Table 11-3C-5. Parking stalls should be a minimum of 9 feet wide by 19 feet long with a 25 -foot wide drive aisle for 2 -way traffic. Parking stalls may be reduced to 9 feet wide by 17 feet long if the adjacent landscaped area or sidewalk is widened an additional 2 feet to allow for vehicle overhang. The site and landscape plans should be revised to comply with these standards. Bicycle parking is also required to be provided on the site in accord with the standards listed in UDC 11 -3C -5C and 11 -3C -6G. Based on the number of parking spaces proposed, a minimum of 8 bicycle spaces are required. A bicycle rack is depicted on the site plan and should accommodate at a minimum, the number of spaces required by the UDC. Utilities: Street lighting is required to be installed within and adjacent to the development in accord with the City's adopted standards, specifications and ordinances. All development is Sulumita Church AZ -14-014; CUP -14-019 PAGE 7 EXHIBIT A required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Pressurized Irrigation (PI): An underground PI system is required to be provided to the site in accord with UDC 11-3A-15. Storm Drainage: A storm drainage system is required for the development in accord with the City's adopted standards, specifications and ordinances. Design and construction shall follow best management practice as adopted by the City in accord with UDC 11-3A-1 S. Waterways: The Ten Mile Creek runs along the southern boundary of this site and an irrigation ditch crosses this site. All ditches are required to be piped unless waived by City Council in accord with UDC 11 -3A -6A. The Ten Mile Creek is required to be left open as a natural waterway in accord with UDC 11 -3A -6A. Floodplain: A portion of this site along the southern boundary lies within the Meridian Floodplain Overlay District. Prior to any development occurring in the Overlay District a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10- 6. Building Elevations: The applicant submitted building elevations for the future church building as shown in Exhibit A.4. Building materials are proposed to consist primarily of stucco with stone veneer wainscot and an asphalt shingle roof with hardiplank fascia. All structures are required to comply with the design standards listed in UDC 11-3A-19 and the guidelines in the Meridian Design Manual. Staff has reviewed the proposed elevations and found the west, north, and east elevations in compliance with these standards and guidelines; however, the south elevation does not incorporate any modulation in the fapade as required by UDC 11 -3A - 19A.1. Because the second phase will include an addition on the south side of the structure constructed in Phase I, staff does not recommend the southern elevation proposed in Phase I is modified; however, the addition proposed in Phase 2 should incorporate modulation on the south elevation in accord with UDC 11-3A-19A.1a. The proposed floor plan included in Exhibit A.2 for Phase II is not approved. The applicant did not submit a time estimate of when the second phase would be constructed as it will be funded by donations. All ground level mechanical equipment is required to be screened to the height of the unit as viewed from the property line. All rooftop mechanical equipment is required to be screened as viewed from the farthest edge of the adjoining right-of-way. Fencing: All fencing is required to comply with the standards listed in UDC 11 -3A -6B and 1I - 3A -7. No new fencing is proposed; there is some existing fencing around the existing accessory structures that is proposed to remain. Existing barbed wire fencing is depicted around the existing accessory structures that is proposed to remain. The UDC (11 -3A -7A) prohibits barbed wire fencing; therefore, it should be removed. A small portion of existing wood fencing is also proposed to remain, which is allowed. Staff recommends new sight obscuring fencing is installed around the outbuildings to screen them from the street and adjacent properties. Any fencing constructed along the Ten Mile Creek should not prevent access to the waterway in accord with UDC 11 -3A -6B. Trash Enclosure: A trash enclosure is depicted on the site plan. A detail of the enclosure should be submitted with the Certificate of Zoning Compliance application and the applicant should address whether or not a recycling container is proposed. Bob Olson with Republic Services requests the applicant contact him at 345-1265 to discuss the location of the trash enclosure. Sulamita Church AZ -14-014; CUP -14-019 PAGE 8 EXHIBIT A Certificate of Zoning Compliance (CZC): The applicant is required to obtain approval of a CZC application for the proposed use from the Planning Division prior to issuance of building permits. Design Review: The applicant is required to obtain approval of a Design Review application for the proposed site design and structure from the Planning Division prior to issuance of building permits for this site. This application may be submitted concurrently with the CZC application. In summary, Staff recommends approval of the proposed annexation and conditional use permit request for this site with a development agreement and the recommended conditions listed in Exhibit B of this report in accord with the findings contained in Exhibit C. X. EXHIBITS A. Drawings/Other 1. Vicinity Map 2. Proposed Site Plan (dated: November 2014), Demo Plan and Floor Plan 3. Proposed Landscape Plan (dated: November 2014) 4. Proposed Elevations (dated: November 2014) B. Agency & Department Comments/Conditions C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Sulamita Church AZ -14-014; CUP -14-019 PAGE 9 EXHIBIT A A. Drawings 1. Vicinity Map Fxhihit A Page 1 EXHIBIT A 2. Proposed Site Plan (dated: November 2014), Demo Plan and Floor Plan AD:0C1 F.EF . 5MLE FATLY OIELLM fN0.NtlRACTVhD1 TGEC tali Wes P.t,)ITE PLAN RW 2- W. THORN CREEK 8T. CITE RECAP WAN bu gy.unnv wu MyMe!2�aG�Wpi �±nm RcemeC w wa YN.tier OWNER CONTACT INFO. µmM�w�.l fiv9 .�.r WE .NOTE& .A� r: A.,., I PRO Pb06D II _ CNVIIDN V�4DIND I $ I rl� }b} I �I exienxD � uxu DOIF160 1 P P{P CEL P AD:0C1 F.EF . 5MLE FATLY OIELLM fN0.NtlRACTVhD1 TGEC tali Wes P.t,)ITE PLAN RW 2- W. THORN CREEK 8T. CITE RECAP WAN bu gy.unnv wu MyMe!2�aG�Wpi �±nm RcemeC w wa YN.tier OWNER CONTACT INFO. µmM�w�.l fiv9 .�.r WE .NOTE& .A� r: A.,., EXHIBIT A CNE env ,LAPe _. ------------ .�..{. R raa II momr y < II, nvm I � m ,v W. THORN CREEK ET. �---- N RYMO_ _ __ _!l IITIXO TRX RLL6 Ofl![[ Rfl X LAM! �'—' MACEWYF NTY, S'NGLE FN LY WEELIIYi n1AYFOLIIr$w ZQFP Rrt I LUST�NGW DEMOLITION SITE PLAN _, -3- SITE RECAP KEYNOTES w a m sw��„a�ee�me �� vrN�urwsiev.,e MT" o� MIA "A w EXHIBIT A UNFINISHED `PHASE ONE \`,•��� VIL UNFINISHED PHASE TWO 6.883 ar. o The configuration of the Phase II footprint is not approved 4- S. F. IN _49A EXHIBIT A 3. Proposed Landscape Plan (dated: November 2014) -s- EXHIBIT A 4. Proposed Elevations (dated: November 2014) —6— • KEYNOTES EXTERIOR FINISH Sa PEC PI AIIONS y IS�V^11..w aIC�awA O E�w,"a f,.�.,.H' MW MEN-r- +yU� � ELf NATION .�'G�'_un �JESi U 9 7 7,111 LP WE A�-- • w... ETELEVATIGM 3 aF s 0 TH EL EYgTION •�S. —e PROPOSED �VT�I•PiIEVATION !Wq'fIOAA aa.o —6— EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS/CONDITIONS 1. PLANNING DEPARTMENT 1.1 Comments and Site Specific Conditions of Approval Annexation & Zoning Comments 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. After the annexation application is approved by the City Council, the applicant shall pay a fee of $303.00 to the Planning Division to initiate the DA process. The DA will then be drafted by the City Attorney's office and transmitted to the application for signature. The applicant shall sign the DA and return it to the City within two (2) years of the City Council granting approval of the annexation Findings. The DA shall, at minimum, incorporate the following provisions: a. Access to the site is restricted to those access points shown on the site plan in Exhibit A as approved with this application by the City of Meridian and Ada County Highway District. b. A recorded easement granting cross -access to the property to the west (parcel #S1209110307) shall be submitted to the City with the Certificate of Zoning Compliance application. c. Future development of this site shall be generally consistent with the site plan, landscape plan and building elevations shown in Exhibit A and the conditions listed in the staff report. d. The southern fagade of the building addition to be constructed in Phase 11 shall incorporate modulations in the facade in accord with the design standards listed in UDC 11 -3A -19A and the design guidelines listed in the Meridian Design Manual. e. A minimum ten (10) foot wide multi -use pathway is required to be constructed along the north side of the Ten Mile Creek in accord with the Pathways Master Plan. Landscaping is required along the pathway in accord with the standards listed in UDC 11-313-12C. f The Ten Mile Creek shall remain open and not be piped. Conditional Use Permit Conditions of Approval 1.1.2 The site plan included in Exhibit A.2 dated November 2014 shall be revised as follows: a. Depict a 10 -foot wide multi -use pedestrian pathway along the north side of the Ten Mile Creek in accord with the Pathways Master Plan. b. The driveway to the existing accessory structures is required to be constructed with a dustless material including but not limited to asphalt, concrete, pavers, bricks, or recycled asphalt in accord with UDC 11 -3C -5B. c. The sidewalk along the frontage of the site on N. Black Cat Road shall be extended to the south property boundary. d. Parking stalls and drive aisles are required to comply with the dimensional standards listed in UDC Table 11-3C-5. 1.1.3 The landscape plan included in Exhibit A.3 dated November 2014 shall be revised as follows: a. Depict a 10 -foot wide multi -use pedestrian pathway along the north side of the Ten Mile Creek in accord with the Pathways Master Plan and landscaping along the pathway in accord with the standards listed in UDC 11 -3B -12C. -7- EXHIBIT A b. The applicant should contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. Include mitigation information on the plan in accord with UDC 11-313-10C.5 after meeting with Elroy Huff. c. Parking stalls and drive aisles are required to comply with the dimensional standards listed in UDC Table 11-3C-5. d. The multi -use pathway is required to be illuminated with a four -foot tall bollard style or similar lighting source. Such lighting shall be shielded from adjoining residences, per UDC 11 -3A -8H unless otherwise waived by the Director. e. Sight -obscuring fencing shall be installed around the perimeter of the existing outbuildings that are proposed to remain for screening from Black Cat Road and adjacent properties. 1.1.4 A minimum 5 -foot wide detached sidewalk is required to be constructed along the entire frontage of the site along W. Cherry Lane and N. Black Cat Road per UDC 11-3A-17. 1.1.5 All ground level mechanical equipment is required to be screened to the height of the unit as viewed from the property line. All rooftop mechanical equipment is required to be screened as viewed from the farthest edge of the adjoining right-of-way. 1.1.6 Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. 1.1.7 The applicant shall design and construct the multi -use pathways consistent with the location and specifications (Chapter 3) set forth in the Meridian Pathways Master Plan unless otherwise approved by the Parks and Recreation Director. 1.1.8 Prior to any development occurring on the site within the Overlay District, a floodplain permit application, including hydraulic and hydrologic analysis is required to be completed and submitted to the City and approved by the Floodplain Administrator per MCC 10-6. 1.1.9 The applicant shall comply with the specific use standards listed in UDC 11-4-3-6, Church or Place of Religious Worship. 1.1.10 The developer shall construct all proposed fencing and/or any fencing required by the UDC, consistent with the standards as set forth in UDC 11-3A-7 and 11 -3A -6B. The existing barbed wire fencing on the site is prohibited and shall be removed. 1.1.11 The Ten Mile Creek shall be improved and protected with development of this site. 1.2 General Conditions of Approval 1.2.1 Comply with all bulk, use, and development standards of the applicable district listed in UDC Chapter 2 District regulations. 1.2.2 Comply with all provisions of 11-3A-3 with regard to access to streets. 1.2.3 Construct on -street bikeways on all collector streets as set forth in UDC 11-3A-5. 1.2.4 Comply with the provisions for irrigation ditches, laterals, canals and/or drainage courses, as set forth in UDC 11-3A-6. 1.2.5 Constrict the pathway and adjoining fencing and landscaping consistent with the standards as set forth in UDC 11 -3A -7A7 and 11 -3B -12C respectively. 1.2.6 Install lighting consistent with the provisions as set forth in UDC 11-3A-1 1. 1.2.7 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-311-6 and MCC 9-1-28. -8- EXHIBIT A 1.2.8 Comply with the sidewalk standards asset forth in UDC 11-3A-17. 1.2.9 Install all utilities consistent with the standards asset forth in UDC 11-3A-21 and 11-313-5J. 1.2.10 Construct all off-street parking areas consistent with the standards asset forth in UDC 11-313-5I, 11-313-8C, and Chapter 3 Article C. 1.2.11 Construct the required landscape buffers consistent with the standards asset forth in UDC 11-313- 7C (streets) and 11-313-9C (adjoining use). 1.2.12 Construct storm water integration facilities that meet the standards as set forth in UDC 11 -3E - 11C. 1.2.13 Construct all parkways consistent with the standards as set forth in UDC 11 -3A -17E, 11-3G-3135 and 11-313-7C. 1.2.14 Protect any existing trees on the subject property that are greater than four -inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 1.2.15 Provide bicycle parking spaces as set forth in UDC 11 -3C -6G consistent with the design standards as set forth in UDC 11 -3C -5C. 1.2.16 Comply with the off street loading space requirements as set forth in UDC 11-3C-8. 1.2.17 Comply with the outdoor service and equipment area standards as set forth in UDC 11-3A-12. 1.2.18 Construct a berm or berm and wall combination consistent with the standards in UDC 11 -3H -4D. 1.2.19 Construct a multi -use pathway and install pedestrian lighting and landscaping consistent with UDC I1-311-40. 1.2.20 Construct a multi -use pathway consistent with standards in UDC 11-3114C. 1.2.21 Construct all required landscape areas used for storm water integration consistent with the standards as set forth in UDC 11 -3B -11C. 1.2.22 Comply with the structure and site design standards, as set forth in UDC 11-3A-19 and the guidelines set forth in the City of Meridian Design Manual. 1.2.23 Comply with all provisions of UDC 11-3A-3 with regard to maintaining the clear vision triangle. 1.2.24 Comply with the outdoor storage as an accessory use standards as set forth in UDC 11-3A-14. 1.2.25 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval. Applicant shall also include the location of any existing street lights in the development plan set. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 1.3 Ongoing Conditions of Approval 1.3.1 The conditional use may only be transferred or modified consistent with the provisions as set forth in UDC 11-513-6G. The applicant shall contact Planning Division staff regarding any proposed modification and/or transfer of ownership. 1.3.2 The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 9- lax" 1".1 1.3.3 The applicant shall have an ongoing obligation to maintain all pathways. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. 1.4.2 The conditional use approval shall be null and void if the applicant fails to 1) commence the use within two years as set forth in UDC 11-513-617 1 or 2) gain approval of a time extension as set forth in UDC 1 I -5B -6P4. 1.4.3 Unless specifically approved by Council through a Development Agreement, all non -conforming uses shall cease prior to issuance of the CZC and/or final plat approval on the subject property. 1.4.4 Prior to Certificate of Occupancy, the applicant shall submit a public access easement for the multi -use pathways along the Ten Mile Creek to the Park's Department for approval by City Council and subsequent recordation. 1.4.5 The applicant shall submit and obtain approval of a Certificate of Zoning Compliance application and Design Review from the Planning Division prior to submittal of building permit application. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The applicant shall be responsible for the construction of water and sewer mains from their current points of connection to and through the proposed development, this may entail looping a water main through the site from W. Cherry Lane to N. Black Cat Road. Determination of this requirement will be made by means of computer modeling during the review of the civil design plans submitted as part of the building package. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x 11 " map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. -10- EXHIBIT A 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC I 1-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 1 I -12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. -I1- EXHIBIT A 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACRD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Sheet Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 3. POLICE DEPARTMENT 3.1 The Police Department had no comments on this application. 4. FIRE DEPARTMENT 4.1 Any newly installed Fire Department connections for sprinkler or standpipes will require locking Knox box plugs. 4.2 Based on the size of new constriction and the location of the sprinkler room in relation to the address side of the structure, the AHJ may require separate Knox box locations. One being at the main, address side enhance and the other at the entrance to the sprinkler riser room. 4.3 Final Approval of the fire hydrant locations shall be by the Meridian Fire Department in accordance with International Fire Code Section (IFC) 508.5.4 as follows: a. Fire hydrants shall have the 4'/z" outlet face the main street or parking lot drive aisle. b. Fire hydrants shall not face a street which does not have addresses on it. c. Fire hydrant markers shall be provided per Public Works specifications. 12- EXHIBIT A d. Fire Hydrants shall be placed on corners when spacing permits. e. Fire hydrants shall not have any vertical obstructions to outlets within 10'. f Fire hydrants shall be placed 18" above finished grade to the center of the 4 %" outlets. g. Fire hydrants shall be provided, to meet the requirements of IFC Section 509.5. h. Show all proposed or existing hydrants for all new construction or additions to existing buildings within 1,000 feet of the project. 4.4 All entrances, internal roads, drive aisles, and alleys shall have a turning radius of 28' inside and 48' outside, per International Fire Code Section 503.2.4. 4.5 All common driveways shall be straight or have a turning radius of 28' inside and 48' outside and have a clear driving surface of 20' in width capable of supporting an imposed weight of 75,000 GVW, per International Fire Code Section 503.2. 4.6 Ensure that all yet undeveloped parcels are maintained fiee of combustible vegetation as set forth in International Fire Code Section 304.1.2. 4.7 Fire lanes, streets, and structures (including the canopy height of mature trees) shall have a vertical clearance of 13'6 as set forth in International Fire Code Section 503.2.1. 4.8 Operational fire hydrants, temporary or permanent street signs, and access roads with an all-weather surface are required to be installed before combustible construction material is brought onto the site, as set forth in International Fire Code Section (IFC) 501.4 and Meridian amendment to IFC 10-4-2J. 4.9 Commercial and office occupancies will require a fire -flow consistent with International Fire Code Appendix B to service the proposed project. Fire hydrants shall be placed per Appendix C. 4.10 Maintain a separation of 5' from the building to the dumpster enclosure as set forth in International Fire Code Section 304.3.3. 4.11 Provide a Knox box entry system for the complex prior to occupancy as set forth in International Fire Code Section 506. 4.12 The first digit of the Apartment/Office Suite shall correspond to the floor level as set forth in International Fire Code Section 505.1. 4.13 The applicant shall work with Public Works and Planning Department staff to provide an address identification plan and a sign which meets the requirements of the City of Meridian sign ordinance and is placed in a position that is plainly legible and visible from the street or road fronting the property, as set forth in International Fire Code Section 505.1. 4.14 All electric gates are required to be 20' in width and equipped with a Knoxbox key switch as set forth in International Fire Code Section 503.6 & National Fire Protection Standard 1141, Section 5.3.17.3. 4.15 There shall be a fire hydrant within 100' of all fire department connections as set forth in local amendment to the International Fire Code 10-4-2L. 4.16 The Fire Department will require Knoxbox Fire Department Connection caps on all FDC inlets. IFC 102.9 4.17 Buildings over 30' in height are required to have access roads in accordance with the International Fire Code Appendix D Section D105. 5. REPUBLIC SERVICES 5.1 Coordinate with Republic Services on location of trash enclosure. 5.2 Address whether or not recycling will be provided for on the site. 13- EXHIBIT A 6. PARKS DEPARTMENT 6.1 A pathway is required along the north side of the Ten Mile Creek in accord with the Pathways Master Plan. 6.2 Mitigation is required for any healthy trees being removed from the site in accord with the standards listed in UDC 11 -3B -10C. The applicant shall contact Elroy Huff, City Arborist, at 888-3579 to schedule an appointment to confirm mitigation requirements prior to removal of any trees on the site. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 Site Specific Conditions of Approval 7.1.1 Improve Cherry Lane with 7 -foot wide detached concrete sidewalk, and dedicate right-of-way to total 53.5 -feet from centerline. 7.1.2 Improve Black Cat Road with 7 -foot wide detached concrete sidewalk, and dedicate right-of-way to total 59 -feet from centerline. 7.1.3 Close the existing driveway on Cherry Lane and replace with 7 -foot wide detached concrete sidewalk. 7.1.4 Construct a 30 -foot wide curb return type driveway on Cherry Lane located approximately 559 - feet west of Black Cat Road. 7.1.5 Close the driveway on Black Cat Road south of Thorn Creek and replace with 7 -foot wide concrete sidewalk. 7.1.6 Reconstruct one 35 -foot wide driveway as a curb return type driveway aligned with Thorn Creek Street. 7.1.7 Enter into a license agreement for any landscaping located within ACHD right-of-way or easement areas abutting the site. 7.1.8 Payment of impacts fees are due prior to issuance of a building permit. 7.1.9 Comply with all Standard Conditions of Approval. 7.2 Standard Conditions of Approval 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private Utilities including sewer or water systems are prohibited from being located within the ACHD right-of-way. 7.2.3 In accordance with District policy, 7203.3, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. -14- EXHIBIT A 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.7 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.8 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.9 All design and construction shall be in accordance with the ACHD Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Standards unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.10 Construction, use and property development shall be in conformance with all applicable requirements of ACHD prior to District approval for occupancy. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of ACHD. The burden shall be upon the applicant to obtain written confirmation of any change from ACHD. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard Conditions of Approval in place at that time unless a waiver/variance of the requirements or other legal relief is granted by the ACHD Commission. -15- EXHIBIT A C. Legal Description & Exhibit Map for Annexation Boundary 1�11 IDAHO SURVEY GROUP Project No. 14-141 1450 Fast WatBrtewet St. Ske UO 6terfdlan Idphu 93642 Phone f708) 846-8570 Fax (708) 084,5399 August 14, 2014 Revised November 19, 2014 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION SULAMITA, INC. PROPERTIES A parcel of land being located In the NE 1/4 of the NE 1/4 of Section 9, T.3N., RAW., B.M., Ada County; Idaho more particularly described as follows; BEGINNING at the NE corner of said Section 9 from which the N1/4 corner of said Section 9 bears North 89038'00" West, 2649:94 feet; thence along the East boundary line of said Section 9 South 00°01'36" West, 712.35 feet; thence leaving said East boundary line North 88°16'00" West, 354.00 feet; thence North 72°59'30" West, 199.19 feet; thence North 70°39'30" West, 76.82 feet to the SW corner of said Parcel 2; thence North 00°01'36" East, 622.14 feet to a point on the North boundary line of said Section 9 thence along said North boundary line South 89°36'00" East, 616.86 feel to the REAL POINT OF BEGINNING containing 9.76 acres, more or less. Prepared Idaho Sul Gregory G. Carter, P.L.S. S:VSG ProlectaZiad,cel Lot Consolidation 14d411¢ocu"nMAnnemllun ParceLdoo I6- EXHIBIT A 1/4 S 4 BASIS OF BEARING W CHERRY LANE S 4 S3 S 9 .2033.08' - — _ ^ 616.88 S 9 S 10 I I I I I 9.76 ACRES I N70'39'30"W 76,62' _ �5g3 W �gB 79 dam- ^._.T IY N8a 15 00"W 384.00' CENTENLINE DITCHI JL 11 '�' � 4wawnim5rvrhne,. SURVEY GROUP. P.C. 20 120 360 0 60 240 SCALE: 1" = 120' ANNEXATION EXHIBIT DRAWING FOR SULAMITA, INC PROPERTY 17- AM. 1 1 I I I 1 3® EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex the subject property with an R-8 zoning district. The City Council finds the proposed use of the site as a church facility is consistent with the applicable provisions of the Comprehensive Plan and should be compatible with existing and future adjacent residential uses if the site is developed in accord with the conditions of approval in Exhibit B (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statement for the residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11 -5B -3.E). no City Council finds annexing this property with an R-8 zoning district is in the best interest of the City. Conditional Use Permit Findings: The Commission and Council shall review the particular facts and circumstances of each proposed conditional use in terms of the following, and may approve a conditional use permit if they shall find evidence presented at the hearing(s) is adequate to establish: a. That the site is large enough to accommodate the proposed use and meet all the dimensional and development regulations in the district in which the use is located. The City Council finds that if the site is designed in accord with the site plan in Exhibit A and the conditions of approval in Exhibit B, the site will be large enough to accommodate the proposed use and meet the dimensional and development regulations of the R-8 zoning district and the specific use standards for church facilities. 18- EXHIBIT A b. That the proposed use will be harmonious with the Meridian Comprehensive Plan and in accord with the requirements of this Title. The City Council finds that the proposed church use in the R-8 zone meets the objectives of the Comprehensive Plan and UDC. c. That the design, construction, operation and maintenance will be compatible with other uses in the general neighborhood and with the existing or intended character of the general vicinity and that such use will not adversely change the essential character of the same area. The City Council finds that the general design, construction, operation and maintenance of the church will be compatible with existing and future residential uses in the general neighborhood and with the existing and intended character of the vicinity and will not adversely change the character of the area. d. That the proposed use, if it complies with all conditions of the approval imposed, will not adversely affect other property in the vicinity. The City Council finds that the proposed development should not adversely affect other property in the vicinity if the applicant complies with all conditions of approval listed in Exhibit B of this staff report and constructs all improvements and operates the use in accordance with the UDC standards. e. That the proposed use will be served adequately by essential public facilities and services such as highways, streets, schools, parks, police and fire protection, drainage structures, refuse disposal, water, and sewer. The City Council finds that sanitary sewer, domestic water and irrigation can be made available to the subject property. Please refer to comments prepared by the Public Works Department, Fire Department, Police Department and other agencies. f. That the proposed use will not create excessive additional costs for public facilities and services and will not be detrimental to the economic welfare of the community. The City Council finds that the applicant will pay to extend the sanitary sewer and water mains into the site. No additional capital facility costs are expected from the City. The applicant and/or future property owners will be required to pay impact fees. g. That the proposed use will not involve activities or processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. The City Council findsthat the proposed development will not involve uses that will create nuisances that would be detrimental to the general welfare of the surrounding area. The City Council recognizes the fact that traffic and noise will increase with the approval of the church; however, whenever property is developed the amount of traffic generation does increase. h. That the proposed use will not result in the destruction, loss or damage of a natural, scenic or historic feature considered to be of major importance. The City Council finds that the proposed development will not result in the destruction, loss or damage of any natural feature(s) of major importance. -19- Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: G. Lease Agreement for Concessions Operations at Julius M. Kleiner Memorial Park Between Joys Boys, LLC and the City of Meridian 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 LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT JULIUS M. KLEINER MEMORIAL PARK ("Lease") is entered into 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 83642 ("Landlord"), and Joys Boys LLC, a limited liability company organized under the laws of the state of Idaho, whose address is 734 Wickham Fen Way, Boise, Idaho ("Tenant"), effective the day of Oa,2015. In this Lease, Landlord and Tenant may be referred to individually as a "Party" or collectively as "Parties." WHEREAS, Landlord owns Julius M. Kleiner Memorial Park Park, located at 1900 N. Records Avenue, in Meridian, Idaho, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in Request for Proposals and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 1 of 17 III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the services enumerated in "Scope of Work" of the Request for Proposals, attached hereto as Exhibit A, under sections C (Dates/Times of Service) and E (Additional Requirements). Further, Tenant shall insure that the area within and immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin on May 1, 2015 ("Effective Date"), through 11:59 p.m. on September 30, 2017, unless earlier terminated by either Party by the method established herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. B. Criminal background check. Tenant, and each and all of Tenant's employees working at the Lease Premises or any person present within the Lease Premises pursuant to Tenant's invitation or consent, shall first undergo a criminal background check by submitting to Landlord, on the form provided by Landlord, name, social security number, date of birth, address, and driver's license number, and cash or check made out to City of Meridian in the amount of twenty dollars ($20.00), except that City will pay for Tenant's background check. Tenant shall not allow any employee or person to be present within the Lease Premises whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. C. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all all personal property of Tenant including any inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant ("Property of Tenant"). D. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 2 of 17 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any Property of Tenant left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. E. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises "as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. F. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. G. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. H. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or (3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. I. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time ("ADA"). JULIUs M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 3 of 17 J. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Premises. K. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. L. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim, judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. M. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of JULIUS M. KLERQER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 4 of 17 Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000) per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000) per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 5 of 17 VII. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including, but not limited to, the electrical systems, roof, and structural integrity of the premises, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's itemized bill therefor. B. Equipment. The parties acknowledge equipment owned by Landlord, as described in Exhibit C hereto. All such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises, excluding equipment described in Exhibit C, which insurance Tenant shall provide. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Tenant: Joys Boys LLC Attn: Roger Patterson 734 Wickham Fen Way Boise, Idaho 83709 Landlord: City of Meridian Attention: Colin Moss 33 East Broadway Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. C. Early termination due to damage or destruction. In the case of damage to the Lease JUL1Us M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 6 of 17 Premises by a Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, fire, flood, vandalism, accident, governmental acts, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. D. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may, upon three (3) days' notice, enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. F. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. G. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 7 of 17 H. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises. I. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. 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. K. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: OYS LLC r r Patterson LANDLORD: CITY OFA IM ATTEST: Tammy dtwl eerd, Mayor aW L.�[%llH6 fl nan, City Clerk SEAL �1.�FE,sY °�i4e TRE �' JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 8 of 17 EXHIBIT A REQUEST FOR PROPOSALS Meridian Parks and Recreation Department 2015 Julius M. Kleiner Memorial Park Concessions Building Request for Proposals Scone of Work Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions services in the Julius M. Kleiner Memorial Park concessions building. To be considered, complete proposals must be submitted to the Meridian Parks and Recreation Department office by 5:00pm on Thursday, February 12a'. Proposals may be mailed, faxed, or submitted in person. For any questions, contact Colin Moss at the Meridian Parks and Recreation Department. Meridian Parks and Recreation Department 33 E. Broadway Ave. Suite 206 Meridian, ID 83642 Phone; 888-3579 Fax: 898.5501 E -Mail; cmoss©meridiancity ore Pre -proposal On -Site Conference: MANDATORY [ IYES [ Xi NO Thursday, February 5'h at 10:00am Meet at the Concessions Building See Map on Alrachrrtent A A, Evaluation Criteria. Proposals received will be evaluated utilizing the following criteria and point values: Product menu and proposed prices (15); proposed lease payment (25); references and experience in similar operations (50); additional information (10). Proposals containing false information will not be considered. Potential vendors whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude will not be considered. B. Julius M. Kleiner Memorial Park Concessions Building. Julius M. Kleiner Memorial Park is a 60 acre park located at 1900 N. Records Ave. near the NE comer of Eagle Road and Fairview Ave. It is right next door to The Village at Meridian shopping complex which leads to a significant amount of crossover foot -traffic. Amenities at the park include the Meridian Senior Center, Rock of Honor Memorial, two large ponds that are stocked for fishing, 5 reservable picnic shelters, playground, splash pad, sand volleyball court, bocce ball courts, basketball courts, bandshell and amphitheater, arboretum, and several walking paths. The park is also host to a variety of special events throughout the year including Gene Kleiner Day, Meridian Community Block Party, Treasure Valley Ford and Mustang Club Car Show, and the Meridian Kiwanis Wing -Off among many others. Event organizers are permitted to bring their own food vendors as part of their events. Those vendors, however, are not permitted to offer snow cones or similar products during times when the concessions stand is open in an effort to protect what's typically the best-selling product at the concessions stand. The concessions building is located on the west side of the park in the active recreation complex which includes the playground, splash pad, 2 picnic shelters, sand volleyball and bocce ball. The interior of the concessions building is 16 W x 22 �h'. Equipment included in the concessions building that will be Page 1 of 6 JULIUS M. KLEINERMEMORIALPARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 17 available for use by the successful vendor include a three compartment sink, hand washing sink, and mop sink. All other food preparation and storage equipment will need to be provided by the successful vendor. C, Planned Improvements to Concessions Building, The fact that the main serving window for the concessions building faces west has posed a problem with heat in the afternoons and evenings. The Meridian Parks and Recreation Department has plans to construct a pergola on the front of the buildin this spring to shade the west serving window. Construction is planned to be complete before May 23 , 2015. Please see Attachment B for a sketch of the pergola design. More srcific details will be addressed at the pre -proposal on-site conference on Thursday, February 5' at I0:00am. C. Datesffimes of Service. Minimum dates of operation are Monday through Sunday, May 23'd, 2015 through August 30'4 2015 plus weekends (Saturdays, Sundays, and Monday of Labor Day) through September 20h. Minimum times of operation are 11:00am-7;00pm on all open days. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park. Vendor may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. E. Additional Requirements. Upon selection, the successful Vendor must: • Have or obtain all necessary Central District Health Department permits. • Provide a credit report (or authorize the City of Meridian to obtain a credit report) and/or a 2013 tax return. • Provide a copy of vendor's current liability insurance policy with the City of Meridian named as additionally insured. • Negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Julius M. Kleiner Memorial Park. This lease agreement will be for a term of 3 years unless otherwise negotiated between the successful vendor and the City of Meridian. • Provide fingerprints and undergo a criminal background check. The cost of the successful Vendor's background check will be paid for by the City of Meridian. • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check. Vendor shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks will be paid for by the successful Vendor. The current cost of a background check is $34, Page 2 of G JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 10 of 17 Vendor Information Vendor Vendor SSN:/State of Idaho Resale Number: 1 D p Business City: WLf' , Stater Zip: � Home Phone: Work Phone: Cell Phone:g E -Mail: r� 9-1 C& i� Fax: Vendor Proposal Please answer the following questions with as much detail as possible. Attach additional pages if needed. I, Pl�asc is t products ou propose to offer for sale as well as the proposed prices. vr' rx,-6m.53,DD, iyr) S 1 on- 41 ') M n -n -f• ,S&DID amity'bI0,oD Dh - n - O a ��1�c � 1, �1 _ ,n( nd 5 $ — �l1IP xInt flr 1 Ir rr u 2. State your proposed lease payment to operate the concession stand at Julius M. Kleiner Memorial Park as described above. Please list as a percentage of gross sales, �ISCross' 50If 3. Please describe your experience in managing comparable operations. 3 sUcCts+ ML Eus; even i Dytt6� D StPrf+ Arid � Q r)d 11�tT1 QL '(�Gi�✓1 bi I 3 oFfi F JULIUS M. KLErNER MEMORIALPARK CONCESSION BUILDING LEASE AGREEMENT Page 11 of 17 4. Please list three (3) references who can attest to your quality of product and service, F I ^Y.') Name d ss Phone Number Rclationshio B+ad � Ir8 Fr n I Vw6)n �4 - A,p D)AII-n AOL! ;`�v'Ay g�9-19 ► e � 5. Please disclose any and all criminal convictions, including withheld judgments, for felonies or misdemeanors involving or related to violence, drugs or alcultul, sex utimcs, theft, 6uud, ur moral lumitude. 6, Please include any additional information you would like to be considered in the RPP awarding process. 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Mango 'Roil RapphariyF:, ,," ' Biatkcherry cranberry Margarita Rootboar Blue Raspberry Fresh Lime Orange Str4u+6erfy Blueberry Grape Passion Fruit Iangerwe '" r HuhLlegum GreerlApple _ Peach'.: 'riger'sBloed '+r, cantaloupe Guava PinaCoiada iutti"Ott h' t' Cherry Burkleberry PineaPPEn vaniUe' lw it xi Cinnamon : Watermelon M✓a � (�����lt� Il�l�� f��Il��Ii�el"J�1..�r1���! _ ...n - _sem- reµ'd��d W, est Baby Clear Citrus cooler -Michigan Rnotheer Float t i Oananabarry Cr'eamsitle Melonberry Silver Cox Berner W Cream Fuzzy Navel Ocean Pacific. Sisterklear thgSti:k Georgia Peach PapaHear Strdwherries N'Crearn Blue bye Lime Ricki Peach Razzmatazz Sunrise Hulse state Luver'S Delight Peaches N' Craam langerango Brother Hear Mai Tai P+neangn Texas Qhtzard [Tandy Apple Mama Bear Rainbow TheStorpion Cherry Blaster Mango Madness RiGuy TOTa'5 Cherry Twister Mango Tango Ruck N'Rob BSA y Ade Calados Daiquiri Margarita .�����i1 ''; Van+Ila Cream Soo >f i, . l}1 Parker Pdtk 250 e �k§��V�¢�: m�Ekf�( ITO I 2 E B JuLius M. KLEINERMEMORIAL PARKa _,BUJm_LEA SEGRE _! Page aa= W JULIUS M. KLEINER MEMORIALPARK CONCESSION BUILDING LEASE AGREEMENT Page 15 of 17 EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the following amounts: 1. Eight percent (8%) of gross sales. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of each month for sales taking place in the previous month. Tenant shall submit copies of all daily cash register receipts for the preceding week by 11:59 p.m. on every Friday. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 16 of 17 EXHIBIT C LIST OF LANDLORD'S FIXTURES 1. Three compartment sink 2. Handwashing sink 3. Mop sink 4. Water heater JULIUS M. KLEINER MEMORIAL PARK CONCESSION BUILDING LEASE AGREEMENT Page 17 of 17 Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: H. Agreement For Use Of Kleiner Park on April 4, 2015 For Capital Community Egg Hunt 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 AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT (hereinafter "Agreement") is made this 24th day of March, 2015 (the "Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Kenneth G. Wilde, on behalf of Capital Christian Center, Inc., a religious corporation organized under the laws of the State of Idaho (hereinafter "Organizer"). WHEREAS, the respective governing bodies of City and Organizer are mutually interested in enhancing the Meridian community's quality of life by providing and supporting special event opportunities for members of the Meridian and greater communities; WHEREAS, City and Organizer recognize that publicly -held facilities are resources requiring heightened stewardship and protection; WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park ("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, on April 4, 2015; and WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best interest of the community to enter into a contractual agreement establishing the terms and conditions of Organizer's use of Park; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Organizer agree as follows: L PERMISSION GRANTED. Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian Temporary Use Permit no. TUP-15-0005 for a large-scale special event known as "Capital Community Egg Hunt" ("Event"). 11. OBLIGATIONS OF ORGANIZER. A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, Organizer shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation Department. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 1 OF 6 B. Permitting. In addition to compliance with all terms and provisions of this Agreement, Organizer shall separately obtain and comply with each and all of the following permits, as required by law: 1. City of Meridian Temporary Use Permit for Special Event; 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Federal Aviation Administration; 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Central District Health Department; 4. Any and all inspections required by the Meridian Parks and Recreation Department. C. Fees, costs. By noon (12:00 p.m.) on Friday, April 3, 2015, Organizer shall remit to City $2,230.00, which includes the fee for reserving Park for one day ($1,590.00) and to reimburse City for the cost of providing Meridian Parks and Recreation personnel to staff Park during the Event and provide facility maintenance and janitorial services before and after the Event (four staff from 8:00 a.m. to 4:00 p.m. = 32 staff hours x $20/hour = $640.00). If additional staffing or extended hours are required for the protection of public safety or maintenance of Park, Organizer shall reimburse City for all staffing costs within fourteen (14) days of City's invoice for such costs. If Organizer fails to timely reimburse City pursuant to such invoice, the City may decline to provide extra -duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. D. Time and place. The permission extended under this Agreement shall apply to the areas of Park detailed on the event site plan approved by City under City of Meridian Temporary Use Permit no. TUP-15-0005 from 8:00 a.m. to 4:00 p.m. on Saturday, April 4, 2015. E. Manner. The permission extended under this Agreement shall be subject to all terms and conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-15-0005, and in any applicable laws and policies, including, without limitation, the Meridian Parks and Recreation Event Planners' Handbook. Such terms and conditions shall include, but shall not be limited to, the following: 1. The public must have general access to all areas of Park at all times, so long as such access does not unduly interfere with Organizer's use of Park for Event. 2. Driving or parking vehicles on non -designated driving or parking surfaces shall be prohibited, except at the direction of Meridian Parks & Recreation Department staff. 3. Where activities or equipment related to Event damage or destroy turf, landscaping, sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional expenses, Organizer shall reimburse City for all costs of repair, replacement, or expense within fourteen (14) days of City's invoice for such costs. 4. Organizer shall make every effort to provide and maintain access to Event for persons with disabilities. 5. No smoking shall be allowed in Park, except in designated parking areas. 6. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at the conclusion of Event, and may not be disposed of at Park. AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 OF 6 Organizer is authorized to post signs for the purpose of identifying, promoting, advertising, or directing patrons to Event as represented and approved in City of Meridian Temporary Use Permit no. TUP-15-0005. Organizer acknowledges that the permission extended by City under this Agreement to post signs shall extend only to the locations approved in City of Meridian Temporary Use Permit no. TUP-15-0005, and that it is unlawful to post a sign identifying, promoting, advertising, or directing patrons to Event without the permission of the owner of such property. Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to Event by dusk on Saturday, April 4, 2015. F. Skydiving. Pursuant to Meridian City Code section 13-2-6(B)(2), the Director of the Parks and Recreation Department hereby orders that Organizer may feature skydivers at the event subject to the following conditions: 1. The skydivers may land only on the designated landing area, and Organizer shall ensure that the designated landing area is clear and safe for Event attendees and the skydivers. 2. This permission extends to Organizer's use of Sky Down Skydiving, LLC and its employees and agents only, and shall not be transferrable or assignable to any other entity. Sky Down Skydiving, LLC and all its employees and/or agents shall be properly licensed and certified. 3. Sky Down Skydiving, LLC and all of its employees and agents shall follow all local, state, and federal laws and regulations. 4. Premises used under this permission are offered on an as -is basis. 5. This order is subject to immediate revocation or modification at any time where such revocation or modification would serve the best interest of the City of Meridian. 6. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Organizer, Organizer's employees, and Organizer's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear -down. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. III. OBLIGATIONS OF CITY. A. Facility operation. Except as otherwise set forth herein, City shall provide general maintenance, mowing, irrigation, and custodial services with regard to Park facilities, infrastructure, and vegetation. City shall provide all necessary utilities and services to Park AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 3 OF 6 facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical waste and refuse removal. City shall cause the repair and/or replacement of any and all Park facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the extent that the cause of damage is attributable to Event activities, Organizer shall be responsible for the cost of repair or replacement. B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and Organizer for all day-to-day matters regarding set-up, operation, and tear -down of in Park. City Contact for Event shall be: City Contact: Colin Moss, Recreation Coordinator Meridian Parks and Recreation Department E-mail: cmoss@meridiancity.org Cell Phone: 208-866-9987 Office Phone: 208-888-3579 IV. GENERAL PROVISIONS. A. Notice. Communication between Organizer and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: City: Organizer: City of Meridian Michael Dodd Attn: Parks and Recreation Director Capital Christian Center 33 E. Broadway Avenue 2760 E. Fairview Ave Meridian, Idaho 83642 Meridian, Idaho 83642 ssiddoway@meridiancity.org pastormikedodd@gmail.com B. Public park. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to allow the use of Park, and close all or any portion of Park, for any and all purposes and under any and all conditions. C. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement shall include neither the right to exclude any law-abiding person from Park where such person is not interfering with Organizer's use thereof, nor the right to interfere with any person's concurrent, lawful use of Park where such concurrent use does not conflict or interfere with Organizer's use. At all times Organizer shall be on an equal footing with the general public regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. D. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 OF 6 conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. E. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Park. F. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. G. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of this Agreement and throughout the course of Event and all related activities. H. Compliance with laws. In performing the scope of services required hereunder, City and Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. J. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. 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 default of this Agreement. K. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing twenty-four (24) hours notice of intention to terminate. Such notice shall include a description of the breach or AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EvENT PAGE 5 OF 6 circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e - mailing of notice of termination. L. Breach. Any act or omission by either party which breaches any term of this Agreement may provide grounds for termination. In the event of breach, the City may also decline to provide extra -duty personnel staffing, decline to reserve City facilities, release existing reservations of City facilities, or decline to allow the subsequent use of City facilities for Event or any iteration thereof. M. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. P. Approval required. This Agreement shall not become effective or binding until approved by both Organizer and by Meridian City Council. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. ORGANIZER: BY: Kenneth G. Wilde President, Capital Christian Center Incorporated CITY Attest: cayoe BY: I13IAI 9 In . �, ioau Tammy eerd, Mayor -- o > ycee olman, City Clerk 9Nft1. ". r TRF ).S�tP,✓� AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 6 OF 6 Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: I. Approval Of Purchase Of Cues CCTV Van From CUES, Inc. For The Public Works Department For The Not -To -Exceed Amount Of $202,000.00 And Authorize The Purchasing Manager To Issue And Sign A Purchase Order To Cues, Inc. For The Not -To - Exceed Amount Of $202,000.00 MEETING NOTES r 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: 3-17-2015 Re: March 24, 2015 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the March 24'^ City Council Consent Agenda for Council's consideration. Approval of purchase of Cues CCN Van from CUES. Inc. for the Not -To -Exceed amount of $202,000.00 Recommended Council Action: Approval of purchase of Cues CCN Van from CUES, Inc. for the Not -To -Exceed amount of $202,000.00 and authorize the Purchase Manager to sign the Purchase Order. This purchase is being made from the HGACBuy contract (a cooperative contract) that has been reviewed and approved by Legal. This purchase is part of the approved 2015 Budget. Thank you for your consideration 0 Page 1 d"A CBu yINTERLOCAL CONTRACT rx( $MARY PYR[x*SINE so(urmxArFOR COOPERATIVE PURCHASING MAILROOM b� �7 AM pa I'nuunem Nnmlxrmsiaiva by II-G.hC THIS INTERLOCAL CONTRACT (-Colin act"). made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter 791. Texas Government Code (the "Act'), by and between the HOUSlell-Galveston Area Council. hereinaller referred to as -H -OAC: - having its principal place of business at 3555 Timmons Lathe, Suite 120, Houston, Texas 77027, and * City of Meridian ID , a local government, a state agency, or a non-profit corporation created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its principal place of business at * 33 E BrOadWaV AV. Merldlaln. Idahn R3R49 WITNESSETH WHEREAS, 1 -1 -GAC is a regional planning commission and political subdir inion of the State ofTexas operating under Chapter 391, 'texas Local Government Code: and WHEREAS, pursuant 10 the Act. H -GAC is authorized to contract with eligible entities to perform governmental functions and services, including the purchase ofgoods and services; and WHEREAS, in reliance on such authority, FI -GAC has instituted a cooperative purchasing program under which it contracts with eligible entities under the Act; and WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on * 02/05/2014 (Date), and that it desires to contract with Fl -GAC on the terms set forth below; NOW, THEREFORE, 11 -GAC and the End User do hereby agree as follows: ARTICLE I: LEGAL AUTHORITY The End User represents and harrants to 1 -1 -GAC that(]) it is eligible to contruct with Ii -GAC under the Act because itis one ul"the fallowing: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision ofthe State of Texas or any other state), or a combination oftwo or more ofthose entities, a state agency (an agency of the Stale of Texas us defined in Section 771.002 of the Texas Government Code, or a similar agency of another stale), or a non-prol it corporation created and operated to provide one or more governmental Ibnetions and services, and (2) it possesses adequate legal authmin• ah enter into this Contract. ARTICLE2: APPLICABLELAWS 1 -1 -CAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and ordinances and laws in effect or promulgated during the term of this Contract. ARTICLE 3: WHOLE AGREEMENT This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede and and all oral and written agreements between the parties relating to matters herein. ARTICLE4: PF,RFORMANCEPERIOD 'fire period of this Contract shall be for the balance ofthe fiscal year of the End User, which began* 10/01/2013 and ends* 09/30/2014 . This Contract shall therealler nutontntically be renewed annually for each succeeding liscalyear. provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an 1 I - GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract. ARTICLE5: SCOPEOF_SERVICES The End User appoints I I -GAC its true and lawful purchasing agent for the purchase of certain products and services through the 1f - GAC Cooperative Purchasing Program. End User will access the Program through HGACBrmcom and by submission ofam, dul} executed purchase order, in [lie farm prescribed by 11 -GAC to a contractor having a valid contract with 1 -1 -GAC. All purchases hereunder shall be in accordance with specifications and contract terms and pricing established by H -GAC. Ownership (title) to products purchased through H -GAC shall transfer directly from the contractor to the End User. (ove)) ARTICLE6: PAYMENTS I I -GAC rill confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased. and presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) day s, pay I I -GAO's cOIIIWctor the full amount of the invoice. All paymems for goods or services will be made front current revenues available to the paving Pill -1%. In no cent shall I -1 -GAC have any financial liability to the End User Por any goods or services End User procures from an 1I - GAC contractor. ARTICLE7: CHANCES AND AMENDMENTS This Comruct milk be amended only by a writlen amendment executed by both parties, except [lint any alterations, additions, or deletions to the terms of this Contract which are required by changes in Federal and Stoic Imv or regulations are automatically incorporated into this Contract without written amendment hereto and shall become effective on tine date designated by such law or regulation• li-GAC reserves the right to make changes in the scope of products and services onered through the 1 -1 -CAC Cooperative Purchasing ['Ingrain to be perlbrmed hereunder. ARTICLES: TERMINATION PROCEDURES 11 -GAC or the End Uscr may cancel this Contract at any lune upon thirty (30) days written notice by cerci lied mail to the other party to this Contract. The obligations of the End User, including its obligation to pay H -GAO's contractor for all costs incurred under this Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract. until performed or discharged by the End User. ARTICLE9• SEVERABILITY All parties agree that should any, provision of this Contract be determined to be invalid or unenforceable, such determination shall not anect any other term of this Contract, which shall continue in full force and erect. ARTICLE 10, FORCE MAJEURE To the extent that either party to this Contact shall be wholly or partial ly prevented from the performance within the term Specified of any obligation orduty placed on such party by reason of or tluotigh strikes, stoppage or labor, riot, ]lie, hood, acts of War, insurrection. accident, order of any Court, act of"God, or specific cause reasonably beyond the party's control and not aaribulable to its neglect m nun leasancc, in such event, the time I'or the per o ['such obligation or duty shall be suspended limit such disability to perl"onn is removed; provided, however, force mgieure shall not excuse an obligation solely to pay funds. Determination of force majeure shall rest solely with 1 -1 -GAC. ARTICLE 11: VENUE Disputes between procuring party and Vendor are to be resolved in accord with the Imv and venue rules of the State of"purchase. THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS: -City of Meridian - Meridian Fire Dept Naim or Cod User (fowl gov, onim, ngenn, or non.prof, rorpmmio") .33 E. Broadway Av. MndingAddress ° Meridian, Idaho 83642 City ZIP sigmaure urchiell"aa Dppoinled H011sroll-Gnlvegfnrr Area Cnsncil r. 'Denotes regWredffelds rev. 01111 CONTRACT PRICING WORKSHEET II Contract SCOL -15 II pate 2/24/2015 For Standard Equipment ment Purchases No.: Prepared: $130, Description Cost Description Cost CZ300 OZ P&T camera in lieu of Nite Owl $2,900.00 GX502 Granite XP Data Acquisition system $20,153.00 MD380-1 Summit System upgrade $5,900.00 MD604/MD603 - wired and wireless controllers $630.00 CZ300 Spare OZ P&T camera $21,433.00 GX515 - PACP software module $2,450.00 6X511 Hansen Software and 2 days implentation $10,750.00 WB100/WD20 washdownsystem/workbench in equipment tool $3,557.00 TR1255B Install 32" rear monitor - $1,471.00 EL11505 500' addt cable $2,300.00 MD320 Auto payout feature $3,400.001 Subtotal From Additional Sheet(s): 11 Subtotal B: ? $74,944.0011 Description Cost Description Cost lockable kickplate drawer and custom steel kickplate drawer € $1,395.00 Electronic actuator $2,950.00 Safe entry exit bumper $3,250.00 Spare US transporter $6,900.00 4 x 4 Quigley conversion $13,500.00 Subtotal From Additional Sheet(s): LED ambient lighting package $3,125.00 Subtotal C: i $31,120.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: For this transaction the percentage is: 15% Price plus Published Options (A+B). Description Cost Description Cost delivery 3051 :city of Meridian, ID Contractor: 'CUES, Inc Agency: contact'Shaun Grover rrePnred ;Robin Guthrie Pe son: Ey: Phone: Phone: ;800-327-7791 rax: Fax: :407-425-1569 Enda: Ennaa: € robingacuesinc.com Product G017 Deacripnon: I Sewer Inspection System For High Cube Van $130, Description Cost Description Cost CZ300 OZ P&T camera in lieu of Nite Owl $2,900.00 GX502 Granite XP Data Acquisition system $20,153.00 MD380-1 Summit System upgrade $5,900.00 MD604/MD603 - wired and wireless controllers $630.00 CZ300 Spare OZ P&T camera $21,433.00 GX515 - PACP software module $2,450.00 6X511 Hansen Software and 2 days implentation $10,750.00 WB100/WD20 washdownsystem/workbench in equipment tool $3,557.00 TR1255B Install 32" rear monitor - $1,471.00 EL11505 500' addt cable $2,300.00 MD320 Auto payout feature $3,400.001 Subtotal From Additional Sheet(s): 11 Subtotal B: ? $74,944.0011 Description Cost Description Cost lockable kickplate drawer and custom steel kickplate drawer € $1,395.00 Electronic actuator $2,950.00 Safe entry exit bumper $3,250.00 Spare US transporter $6,900.00 4 x 4 Quigley conversion $13,500.00 Subtotal From Additional Sheet(s): LED ambient lighting package $3,125.00 Subtotal C: i $31,120.00 Check: Total cost of Unpublished Options (C) cannot exceed 25% of the total of the Base Unit: For this transaction the percentage is: 15% Price plus Published Options (A+B). Description Cost Description Cost delivery 3051 From: Chappel, Loleta [mailto:Loleta.Chappel@h-gac.com] Sent: Wednesday, March 18, 2015 8:37 AM To: 'kwatts@meridiancity.org' Subject: FW: Cues CCN Truck Hi Keith I have verified the worksheet for a Sewer Cleaner and the prices are correct. Please make your Purchase Order out to the vendor and send a copy of the PO and the worksheet to me by email and also send a copy of the PO to the vendor. If you have any questions please feel free to contact me. Thank You Loleta Chappel Procurement Services Specialist Cooperative Purchasing Direct: 713-993-2486 Fax: 713-993-4548 loleta.chaouel(a)h-eac.com www.HGACBUY.org Meridian City Council Meeting DATE: March 24, 2015 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: J. Overland Park Apartments Sewer and Water Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015_023705 BOISE IDAHO Pgs=6 VICTORIA BAILEY 031251201511:51 AM MERIDIAN CITY NO FEE IIIIIIII III11111IN11111111111111111111111111111 SANITARY SEWER AND WATER MAIN EASEMENT QA- " -THS INDENTURE, made this day of W.g,-Jo 201Z between A A/0, , the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, LLC Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, if will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS. EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SprivG 1-4 c lit IMGhe���hy, h'1 e...l�e✓ JJD^ CY�IL `�a�^6G Address ;3&js,j STATE OF m�� 'tri41-( SS, County o€�jT b %,L Scan Gy L..{ -"k <2;q U' "l a On this 1, day of 9 —,20/ , before me, the undersigned, a Notary Pub e in and for said State, personally appeared / and 7> — ivy , known or identified to me to be the President and Secretary, respectively, of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hpd and affixed my official seal the LC DANIEL FLORESAi 679420 L)COMMISSION EXPIRES NOTARY PUBLIC FOR-H+A+1O ru SEPTEMBER STATE OF UTAH Residing at: 'h / C"7*,./ Commission Expir� 4-16 -';m jcp Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc GRANTEE: CITY OF MERIDIAN i Nj _D AUCU i�`. 'G • O� Tammy eerd, Mayor �p caY of �2SEAL Attest by Jaycee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this day of 20 /S , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. `4 NOTARY PULIC F R IDAH Residing at:, , �Q , Commission Expires.rr7/3o Sanitary Sewer and Water Main Easement EASMT S&W 11-15-I3.doc EXHIBIT A A utility easement being a portion of Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412 located in the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being further described as follows: BASIS OF BEARINGS: The West boundary line of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412, taken as North 00031'50" East, SEGMENTI COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00031'50" East a distance of 264.00 feet to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet to the POINT OF BEGINNING; thence leaving said North line, North 00001'55' West a distance of 138.64 feet; thence North 19030'09" West a distance of 32.39 feet; thence North 00031'30" East a distance of 300.30 feet; thence South 89032'40" East a distance of 667.86 feet; thence North 00025'31" East a distance of 341.17 feet; thence South 89°34'44" East a distance of 20.00 feet; thence South 00°25'31" West a distance of 420.96 feet; thence North 89028'10" West a distance of 40.93 feet; thence North 00000'00" East a distance of 19.66 feet; thence North 90000'00" East a distance of 16.64 feet; thence North 00031'50" East a distance of 27.92 feet; thence North 89032'40" West a distance of 222.06 feet; thence South 00°00'00" East a distance of 8.41 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00000'00" East a distance of 8.56 feet; thence North 89032'40" West a distance of 164.46 feet; thence South 00000'00" East a distance of 74.73 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00°00'00" East a distance of 74.89 feet; thence North 89°32'40" West a distance of 79.82 feet; thence South 00000'00" East a distance of 7.92 feet; thence South 90000'00" West a distance of 20.00 feet; thence North 00000'00" East a distance of 8.08 feet; thence North 89032'40" West a distance of 117.19 feet; thence South 00031'30" West a distance of 261.08 feet; thence South 16000'36" East a distance of 20.85 feet; thence South 19033'34" East a distance of 14.97 feet; thence South 00000'00" East a distance of 28.32 feet; thence South 00001'55" East a distance of 123,91 feet; thence South 89°58'05" West a distance of 20.00 feet; thence North 00°01'55" West a distance of 10.16 feet to the POINT OF BEGINNING. TOGETHER WITH SEGMENT 2 COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section Pagel of 2 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00031'50" East a distance of 264.00 feet to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet; thence South 00001'55" East a distance of 10.16 feet; thence North 89058'05" East a distance of 20.00 feet; thence North 00001'55" West a distance of 83.99 feet to the POINT OF BEGINNING; thence North 00001'55" West a distance of 39.92 feet; thence South 89033'57" East a distance of 435.65 feet; thence North 00026'03" East a distance of 22.98 feet; thence South 89033'57" East a distance of 20.00 feet; thence South 00026'03" West a distance of 22.98 feet; thence South 89°33'57" East a distance of 87.43 feet; thence North 00026'39" East a distance of 323.26 feet; thence South 89032'40" East a distance of 20.00 feet; thence South 00025'16" West a distance of 221.67 feet; thence South 89036'02" East a distance of 84.89 feet; thence South 00001'49" East a distance of 20.00 feet; thence North 89°36'02" West a distance of 85.06 feet; thence South 00029'40" West a distance or 16.92 feet; thence North 81057'57" East a distance of 63.60 feet; thence South 00025'32" West a distance of 20.22 feet; thence South 81057'57" West a distance of 63.63 feet; thence South 00029'40" West a distance of 64.43 feet; thence North 89033'57" West a distance of 540.13 feet; thence South 00026'03" West a distance of 19.59 feet; thence South 89037'01" West a distance of 22.62 feet to the POINT OF BEGINNING, TOGETHER WITH SEGMENT 3 COMMENCING at the Southwest corner of the Southeast 1/4 of the Southwest 1/4 of Section 13, Township 3 North, Range 1 West, Boise Meridian; thence along the west line of said Southeast 1/4 of the Southwest 1/4, North 00°31'50" East a distance of 264.00 feel to the Northwest corner of Lot 5, Block 1 of Kennedy Commercial Center Subdivision, Book 101, Pages 13409-13412; thence along the North line of said Lot 5 South 89007'53" East a distance of 48.88 feet; thence South 00001'55" East a distance of 10.16 feet; thence North 89°58'05" East a distance of 20.00 feet; thence North 00001'55" West a distance of 123.91 feet; thence North 00600'00" West a distance of 28.32 feet; thence North 19033'34" West a distance of 14.97 feet to the POINT OF BEGINNING; thence North 16000'36" West a distance of 20.85 feet; thence South 89033'57" East a distance of 554.33 feet; thence South 00°26'39" West a distance of 20.00 feet; thence North 89°33'57" West a distance of 548.42 feet to the POINT OF BEGINNING. The combined area of all 3 segments containing 73,810 square feet or 1.69 acres, more or less. Russell Badgley, PLS 12458 Timberline Surveying, PLLC 847 Park Centre Way, Suite 3 Nampa, Idaho 83651 (208) 465-5687 Page 2 of 2 Easement Line Table Easement Line Table Easement Line Table Easement Line Table Line Length I Direction Line # Length Direction Llne# Length Direction Line# Length Direction Li 48.88' 80TOT53'E L11 63.60' N31'ST5TE L21 7.82' NO`6000`E L31 22.98' SO -26'03:W L2 32.39' N1B'3909W L12 2022' SO°253206 L22 2000'. N90'WWF L32 39.92' N9'01'66W L3 20.00' S69'34'44'E L13 63.63' S81'573TW Us 8.56' SO'0000'E L33 20.e5' ------------ -16'003606L4 L4 40.83' N89°2810W L14 64.43' 60'20'40W L24 2000' N90'00'00'E L34 20.00' SO°26'3906 15 19.66' NO'W'OO"E L15 19.59' SO'26'03'W L25 8.41' NO -WOVE L35 20.00' N69'32'40W Lo L7 La L9 L10 10.64' 27.92' 20.00' 195.06' 16.92' N90'00'00'E NO'3 VWE SO'01'49E N89.36'O2'W SW29ADW 178 L17 L18 L79 L2p 22,62' 20.0oS69-58'05'W 10.16' 8,08' 20.00' 389'37'01'W 14010t,69W 80'WWE N90'0600E L26 L27 L28 L29 L30 29.32' 14.97' 42,30' 22.90 20.00' NO`00.00"E N19°33'31W SO'2639W NO-26'03'E N8W33.57'W 5, 77777- G �T�, L LS699'/3Z440'0/'7E667,87 SEGMENT 11 SW -'32 40'E 7907LS89'324TE 117.19 S89'9240E 184._8J TT .LJ L3///� U02w / 40E/ 1324 Lig n 23 L24 L25 w 1" s y�$ KENNEDY COMMERCIAL CENTER SUBDIVISION BOOK 101, PACE 13409-13412 `SEGMEi2N, N8913TSTW 540.13' GRAPHIC SCALE 0 50 100 W1I16CORNER 5!8"REOAR CPBF #100106004 H ®CICS I su,it.1WEr°"""n R0 I OVERLAND PARK APARTMENTS Nampa, 1003687 E N G I N E E R S 1298,469.4197 EXHIBITS Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: K. Continued from March 17, 2015: 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 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. 15 - I D5 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE OUTMODED TACTICAL EQUIPMENT TO THE KECK SCHOOL OF MEDICINE OF THE UNIVERSITY OF SOUTHERN CALIFORNIA. WHEREAS, it is in the best interest of the City of Meridian to declare that the equipment described below as surplus as they are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining equipment until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the equipment listed in Exhibit "A" to the Keck School of Medicine of the University of Southern California, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to improve the quality of life for individuals and society by promoting health, preventing and curing disease, advancing biomedical research and educating tomorrow's physicians and scientists; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that the equipment enumerated in Exhibit,4 following vehicles is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the equipment described in Exhibit.4 to the Keck School of Medicine of the University of Southern California. ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of March, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of March, 2015. CITY OF MERIDIAN: Attest: r Gly.f or °""°Tammy eerd May — ayce olman, City Clerk a Tni ALF ,SCF.„� illC RESOLUTION AUTHORIZING DONATION OF TACTICAL VESTS To KEWUSC PAGE 1 OF 1 EXHIBIT A SURPLUS EQUIPMENT RESOLOTION AUTHORIZING DONATION OF TACTICAL VESTS TO KECK(USC PAGE 2 OF 1 k } ye \ LU x {b ; E }) f :2 -® _§ƒ)2 § IL «IL ) }\ \\\} k 0LLJ ! ( °0 )® )� § f ) ) /f < � LLI < a. \ \ § z � ! - - \ s � § 0 « \� LL z \ \ a0 \ \ L� » E J ■� 00 : 2 - $ > �LL. ±w §z LU( bb 2k 10� UJUJ _ WD )� ( uz \ - - « {)\\ a. : ylt; Q) a- } 0 k <` ` - « �Z�� U k } m ye \ x {b ; E }) f :2 -® _§ƒ)2 §0 }\ \\\} W � )® « /f < � < \ \ 0 - - \ ® t « \� \ \ U) » E J J : 2 - $ > ±w 0 _ )� ( E - - « {)\\ a. : ylt; Q) a- 0 m \ x ; E }) f -® _§ƒ)2 }\ \\\} � m # TYPE LEVEL BRAND PART MODEL# SERIAL# LOT $1 MFR DATE SIZE CARRIER 1 Swat III Protech Lek torso/chest B111AZ-5.1 01368225 023050296/8/05 LGRRR Black Back B111AZ-5.1 01368220 02305029 6/8/05 - Right torso/chest B111AZ-5.1 01368210 02305029 6/8/05 LGRRR 2 Bicep panels - - - - - Groin plate GP3A-4 - - - Universal IV Protech Strike plate 23156 01376 C4190 11/1/04 10x12 2 Swat III Protech Left torso/chest B111AZ-5.1 01318620 037040259/24/04 Medium Black Back B111AZ-5.1 01318621 03704025 9/24/04 Medium Right torso/chest B111AZ-5.1 01318619 03704025 9/24/04 Medium 2 Bicep panels - - - Groin plate GP3A-4 - - - Universal IV Protech Strike plate 2220 0408PL674 04175 8/1/04 10x12 3 Swat III Protech Left torso/chest B111AZ-5.1 01410979 001060201/10/06 LGRRR Black Back B111AZ-5.1 01410981 00106020 1/10/06 LGRRR Right torso/chest B111AZ-5.1 01410982 00106020 1/10/06 LGRRR 1 Bicep panel - - - - - Groin plate GP3A-4 - - - Universal IV Protech Strike plate 2115G 02546 04723 12/1/04 10x12 4 Swat III Protech Left torso/chest B111AZ-5.1 01410978 00106020 1/10/06 LGRRR Black Back B111AZ-5.1 01410980 00106020 1/10/06 LGRRR Right torso/chest B111AZ-5.1 01410983 00106020 1/10/06 LGRRR 1 Bicep panel - - - - - Groin plate GP3A-4 - - - Universal IV Protech Strike plate 2115G 02590 04723 12/1/04 10x12 5 Swat III Protech Left torso/chest S53AZ-2 01301145 02304039 6/10/04 Medium Black Back S53AZ-2 01301146 02304039 6/10/14 Medium Right torso/chest S53AZ-2 01301144 02304039 6/10/04 Medium 2 Bicep panels B111AZ-5.1 - - - - Groin plate GP3A-4 - - - Universal IV Protech Strike plate 2220 0408PL675 04175 8/1/04 10x12 # TYPE LEVEL BRAND PART MODEL# SERIAL LOT# MFR DATE SIZE CARRIER 6 Patrol II ABA Chest plate XT2-2 06134697 2674 9/1/06 XLSX none American Body Armor Back plate XT2-2 06134690 2674 9/1/06 XLR, 7 Patrol II ABA Chest plate KI-2-2 05131190 1709 12/1/05 LL none Back plate XT2-2 05131191 1891 12/1/05 LRR 8 Patrol II ABA Chest plate XT2-2 06032854 2066 3/1/06 LLR none Back plate KI-2-2 06032852 2078 3/1/06 LR 9 Patrol II ABA Chest plate XT2-2 06032873 8078 3/1/06 LR White'Xtreme' Back plate XT2-2 06032876 - 3/1/06 LRR 10 Patrol II ABA Chest plate XT2-2 05131192 ? 12/1/05 XLR White'Xtreme' Back plate XT2-2 05131193 1901 12/1/05 XLSL Soft strike plate - - - - - 11 Patrol II ABA Chest plate KI-2-2 06032877 2066 3/1/06 MR White'Xtreme' Back plate XT2-2 06032878 ? 3/1/06 MSX Soft strike plate - - - - 12 Patrol II ABA Chest plate XT2-2 07103?7? 3279 01/0? ? Blue'Xtreme' - - - - - Back plate )CI-2-2 - ? 3275 ? ? - Soft strike plate - - - - 13 Patrol II ABA Chest plate KI-2-2 06032861 2078 3/1/06 LR Blue'Xtreme' Back plate XT2-2 MISSING STICKER Soft strike plate - - - - - 14 Patrol II ABA Chest plate XT2-2 7 ? 3/1/06 LR Blue'Xtreme' Back plate XT2-2 06032847 ? 3/1/06 LLR 15 Patrol II ABA Chest plate XT2-2 05131241 ? 12/1/05 36RX Blue'Xtreme' Back plate XT2-2 05131240 167? 12/1/05 36BR 16 Patrol II ABA Chest plate XT2-2 06032866 2078 3/1/06 LR Blue'Xtreme' Back plate XT2-2 06032869 ? 3/1/06 LRR Soft strike plate - - - - - 17 Patrol II ABA Chest plate XT2-2 07144901 ? 5/1/07 LR Blue'Xtreme' Back plate KI-2-2 07144902 4005 5/1/07 LBX Soft strike plate - - - - - # TYPE LEVEL BRAND PART MODEL# SERIAL# LOT MFR DATE SIZE CARRIER 18 Patrol II ABA Chest plate XT2-2 Entire sticker illegible Blue'Xtreme' Back plate XT2-2 Entire sticker Illegible Soft strike plate - - - - 19 Patrol II ABA Chest plate XT2-2 06032859 ? 3/1/06 LS Blue'Xtreme' Back plate XT2-2 06032860 ? 3/1/06 LRH 25oft strike plates - - - - - 20 Patrol II ABA Chest plate XT2-2 05103251 1802 10/1/05 XLS Blue'Xtreme' Back plate XT2-2 05103252 ? 10/1/05 XLSL Soft strike plate - - - - - 21 Patrol II ABA Chest plate XT2-2 07215631 5186 11/1/07 ML Blue'Xtreme' Back plate XT2-2 07215632 5186 11/1/07 MRXL 25oft strike plates - - - - - 22 Patrol II US Armor Chest plate TV2-02 82297-10 21709 4/1/09 XLL Black Back plate TV2-02 82297-10 21709 4/1/09 XLL+1 Soft strike plate - - - - - 23 Patrol II US Armor Chest plate TV2-02 78791.001 34008 5/1/08 LR Black Back plate TV2-02 78791-001 34008 5/1/08 LS-1 LF 24 Patrol II US Armor Chest plate TV2-03HP 83052-30 41909 6/1/09 LR Black Back plate TV2-03HP 83052-30 41909 6/1/09 LR LF+1 Soft strike plate - - - - 24 Patrol II US Armor Chest plate TV2-02 80588-10 82808 10/1/08 LL Black Back plate TV2-02 80588-10 82808 10/1/08 LL LF 25 Patrol II Second Chance Chest plate MON-II+LSC 07024500 5400A 7/1/02 - Blue Back plate MON-II+LSC 07024500 5400A 7/1/02 - Hardstrikeplate K-30 Insert - - - - 26 Patrol II Second Chance Chest plate MON-II+LSC 11960038 1664 11/1/06 22x14 White Back plate MON-II+LSC 11960038 1664 11/1/06 12x14 v ( v v � Y U1 X a,, L O N M m � m CO m IO N K 0C I K K 0C (V N H V a d' > X X NNc X J } J ti X H X 0 C C (D J � cc K m G G X X N cN-1 w Lu \ \ \ \ O LD ^ ^ N N O O \ \ 0101 0 O O O �--� \ \ \ e\ -I N N N \ N N \\ N N N cNi t Ln 7 Ln 1 V n ci c�-I O O O N N N O O O io ID m rn m Q Q 0 0 o N Lo �n O o 0 o a s H .� ti n io o n n O O Lo W C3 0 0 CT O O .-i cr L m LO O O O O M1 M1 V N N N In NH H cnN N I� 00 H N O 0 O O O 00 co r, 00 0o n n O O 0 00 m m a)rn rn 00 0o m rn �n m o O O O O lD N N Cr �* O O �tOl cn N N to W V a d' lA O O .-i H N N O O m m H H N N lD W I, n N N r n H N O O O O O O O O d co 00 O O c -I H V1 Uf ui J J J __ + L �a-I cai ti Q N N N N O O d N N N +�+ N N N > N> 0 0 0 0 m m m C7 N X X X X Y a F- O f0 N [0 Y ` O Q __ a O- _ d L O. t6 L v_ N i Q N y, `'w U b0 m O •i W V U) U a N V N U L N U v 0 0 m K H (D v1 U m m U m to U in to V m m U m L L L p V U N N Y a a Q O O O O m m N U U o_ n. Q Q vpi vvi Y O O O O O f6 0 i 3 0 0 0 0 Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: A. Swearing-in Ceremony For 2 New Firefighters MEETING NOTES V Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: ITEM TITLE: B. 2015 Dairy Days Discussion PROJECT NUMBER: MEETING NOTES i� Nalbt Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS TALKING POINTS — DAIRY DAYS PARADE Before the split corridor update in 2013, the City invested about $3,800 in the Dairy Days parade each year. o All officers available staffed the parade, and used patrol vehicles and officers to signal traffic changes. This is not a realistic model anymore. With the development of the crossover, different equipment and more personnel are needed to cover the route. The Manual on Uniform Traffic Control Devices is the industry standard and adopted by ACHD ordinance. It requires the parade organizer to obtain a traffic control plan drafted by a traffic engineer and approved by ACHD. In 2014, the City invested a total of $8,168 in Dairy Days, of which $5,982 was for the parade. ACHD also provided materials and flaggers at a cost of $5,374 to ACHD. 0 2014 Parade: $50 Citizen's use permit fee waived $2,005 Police staffing for parade (18 officers) $3,927 Specialty Construction traffic control plan, signs, barricades, flaggers per ACHD requirements 0 2014 other: $150 Temporary use permit fee waived $1,400 Parks & Recreation staffing Storey Park during event $636 Storey Park reservation fee City staff estimates that Dairy Days parade will cost approximately $9,936 this year, of which the parade will cost approximately $7,750. 0 2015 Parade: $50 Citizen's use permit fee waived $2,000 Police staffing for parade (15-18 officers) $5,000 Traffic control plan, signs, barricades, flaggers per ACHD requirements $700 Fire Department EMS/first aid staffing (4 paramedics, 2 roving, 2 at aid station) 0 2015 other: $150 Temporary use permit fee waived $1,400 Parks & Recreation staffing Storey Park during event $636 Storey Park reservation fee The City invested a net amount of $2,084.16 in the 2014 Christmas in Meridian event, which included the Winterland parade. o Expenditures for the entire Christmas event: $10,259.16 o Revenue (sponsorships & parade entry fees): $8,175.00 RECEIVED MAR =r 2010 CITY OFC FRQ�� s - CITY CLERKS OFFICE Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: ITEM TITLE: C. South Meridian YMCA Concept PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Treasure Valley YMCA Re. Financial Assistance Dear YMCA, 5 March 2015 Last year my family lost 30% of our income and we were in a tough spot where we couldn't afford our YMCA membership. You stepped it) and offered us about a 50% discount on our membership for the past 6 months. You are very generous and I want you to know why this matters. First, my family has made some changes and we are in a better spot than we were. My wife works 10 hours a week as a student worker at Idaho State Meridian, which is enough to cover bet- medical ermedical insurance. She volunteers at a food bank in exchange for a food donation. I got a 3% cost of living increase at work and shot an elk. We are doing better than we were 6 months ago, but are still in debt. I could not imagine living without the YMCA. It is my main source of exercise, and not only brings me physical wellness but is a major source of mental wellness for me as well. The Y is myhappy place. I drag myself in there after a lousy day at work and I feel better. It's good for my family, and good for my community. My son and I swim there and play racketball. lama better person because of you. Lots of people feel this way. The Y is an institution that makes a difference in the lives of countless people in the Treasure Valley, and you are a thriving hub and an international village for people of all lifestyles to work out, visit, and hang out. Boise is a better place to live better because of you. Last, your staff is awesome. They are friendly and always willing to help out. The best part though, is how they greet everyone who enters or leaves. Please tell them how much we appreciate being treated like human beings by your smiling staff. It takes a good experience and makes it even better. I write this letter so you can use it as support. Please keep it and share it with the mayor and local and state politicians. Please tell them that you heard from your members how the YMCA brings vitality and happiness to our community to such a degree that I bet it indirectly improves the lives of people who are not even members but benefit by living around those of us who are. And share this letter with your staff; so that they know how much they are valued: Sincerely, Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: 7. 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 Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: $A PROJECT NUMBER: AZ 15-001 ITEM TITLE: Bellabrook A. Continued from March 17, 2015: 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 : March 24, 2015 ITEM TITLE: Bellabrook ITEM NUMBER: PROJECT NUMBER: PP 15-001 B. Continued from March 17, 2015: 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 24, 2015 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: A. Mayor's Office: Resolution No. Proposed # 15-1058: Appointing Dawn Cronk to Seat 1 of Historic Preservation 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. N " n S 6 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 DAWN CRONK TO THE MERIDIAN HISTORIC PRESERVATION COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, seat no. 1 on the Historic Preservation Commission is vacant; and WHEREAS, Meridian City Code § 2-1-3(A)(2) provides that members of the Historic Preservation Commission shall be appointed by the Mayor and approved by the City Council on a majority vote, and that that vacancies shall be filled in the same manner as original appointments and the appointee shall serve for the remainder of the unexpired term; and WHEREAS, the City Council of the City of Meridian deems the appointment of Dawn Cronk to be in the best interest of the Historic Preservation 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 Dawn Cronk is hereby appointed to the Meridian Historic Preservation Commission, for a term to expire on October 31, 2017; and 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 24th day of March, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of March, 2015. APPROVED: Mayor T y de Weerd ATTEST: ,a By: it or Jayce Holman, City Clerk '' it l%j>>1 i. ,s I RESOLUTION APPOINTING DAWN CRONK TO HISTORIC PRESERVATION COMMISSION PAGE 1 OF I CiQ/rE IDIAN*- Application to be Considered for �.,,a a City -Appointed or Volunteer Positions Position Applying for: O Parks & Recreation Commission O Planning & Zoning Commission O Meridian Arts Commission _R Historical Preservation Commission O Transportation Commission O Impact Fee Committee O Solid Waste Advisory Commission O Senior Advisory Board O General Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: -s, C : c a, s,k Home Address: \OV\ \ k, c� Telephone: E -Mail Address: Occupation: i -V: Are you a resident of the City of Meridian? Yes O No FES 2 %� If not, do you live in Meridian's area of impact? O Yes O No Mq <7FM�, 206, Why do you want to become involved? OR S OFF/GE va-4e \.'. C,Sv Do you participate in any local service clubs or other organizations? --a Yes O No If so, please list:�'co'�'C k`��S�S��a�.�c��� Chu�c�c What areas of city government are of most interest to you? Have you participated in any level of volunteer government service in the past? O Yes --'Q No Ifso, _please list: Do you understand the time commitment required to attend meetings and review/research data to make recommendations? —13� Yes O No Signature��Date Please return your completed application, resume, and letter of interest to: Mayor's Office, City of Meridian, 33 E. Broadway Avenue, Meridian, ID 83642 Phone: (208) 489-0535 Fax: (208) 888-4218 Dawn Cronk 1091 Pennwood St Meridian, ID 83642 February 24, 2015 RE: Historic Preservation Commission Vacancy Dear Tammy de Weerd, I am contacting you in regards to the recent vacancy on the Historic Preservation Commission. I am very interested in serving on the Commission. During my time with the Meridian Library District and PNACL (Pacific Northwest Association of Librarians), I have taken many workshops on preserving books so that others can share the history that books carry with them. I have taught several workshops on preserving books to other librarians. Two years ago I attended a workshop on libraries in Idaho, and was so fascinated by all the histories I signed up to serve on the ILA centennial project. Preserving the past can have a huge impact on our future as a community. I have been a Meridian resident for 16 years, and during that time I have served in the elementary classrooms, as a Girl Scout leader, and also a Teen Quizzing coach. The last 14+ years I have also been employed at the Meridian Library District in many capacities. I have enjoyed serving the community through many organizations and in many capacities. Recently, I have been privileged to be on a committee from the Meridian Library District to assist the Meridian History Center. We have partnered together to inventory their collection, and to digitize documents and photographs for the web. By making the collection accessible to anyone, we are keeping the historical archives viable. I look forward to speaking with you about the vacancy in the near future at your convenience. Sincerely, Dawn Cronk 208-284-0863 dawnymae@hotmail.com DAWN CRONK iogzW. Pennwood St I Meridian, ID 83642 1 208-284-0863 1 dawnymae@hotmall.com OBJECTIVE To serve on the Historic Preservation Commission SKILLS PROFILE Liaison with the Meridian Library District and Meridian History Center. Ongoing project to get the collection inventoried and digitized - Secretary forthe Meridian Food Bank -work closely with board members to organize & fundraiseto keep cash and donationscoming inforthe clients - Board memberfor Project Kids which works closely with the Ada West School Districtto provide underprivileged children with clothing, school supplies, housing, medications etc. Shepherd's Garden volunteer- prepare, plant and sow garden produce to provide fresh produce forthe Meridian Food Bank - PNACL (Pacific Northwest Association of Church Librarians) -on the board to keep books in the hands of . readers, and promote fellowship and mentorshipto area church libraries.- - Meridian Community Council -helping to get the Meridian Self Help Rescue Manual onto the web for local access EMPLOYMENT HISTORY Administrative Assistant, Meridian, ID z000—present - Purchase supplies for the Meridian Library District Proficient at Word, Excel, Publisher programs to create documents, spreadsheets and signage - Setup for meetings with refreshments & supplies - Work with several staff members to plan and execute the implementation of creating an inventory& digitizing plan for the Meridian History Center - Work with HR and other departments with secretarial skills Collaborate with staff to plan and implement projects for the library such as: patio redo, painting, etc. EDUCATION HIGHLIGHTS Aims Community College -graduated with honors November 3.997, Office Technology Certificate ACTIVITIES Avid reader, church librarian, holds many positions in local organizations. - Civicminded Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: B. Arts Commission Update On Percent -For -Art Concept And Long -Term Planning For Public Art In Meridian 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 24, 2015 ITEM TITLE: Sulamita Church ITEM NUMBER: 10A PROJECT NUMBER: AZ 14-014 A. Ordinance No. Proposed # 15-1639: An Ordinance (AZ 14-014 Sulamita Church) for the Annexation and Rezone of a Parcel Being Located in the NE Y> of the NE 1/4 of Section 9, Township 3 South, Range 1 West, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 and Providing an Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-023704 BOISE IDAHO Pgs=5 VICTORIA BAILEY 03/2 51201 5 11:50 AM MERIDIAN CITY NO FEE III 11111111111IIIIIII111111II I1IlI11111'11I IIIIII 00070000201600237040060064 CITY OF MERIDIAN ORDINANCE NO. I S— I J I BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE (AZ 14-014 SULAMITA CHURCH) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING LOCATED IN THE NE '% OF THE NE '% OF SECTION 9, TOWNSHIP 3 NORTH, RANGE 1 WEST, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Sulamita Church. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to R-8 (Medium Density Residential District), in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION. 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. ANNEXATION — SULAMITA CHURCH (AZ 14-014) Page 1 of 3 SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in frill be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this 2N4� day of {�(r/Lelti , 2015. ,LL !l APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this 27fday of 04i, k , 2015. GSL MAYOR MY de WEERD 'JY.i,l rn.l bilp�q°. ATTEST: _ << 'r11lII Nt,- L. HOLMAN, CITY Cj`��ERK ON ANNEXATION—SULAMITA CHURCH (AZ 14-014) Page 2 of 3 STATE OF IDAHO, ) ) ss: County of Ada ) On this day 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL)It v,oTAR NOTARY PUBLIC / RESIDING AT: ;z MY COMMISSION IDAHO ANNEXATION — SULAMITA CHURCH (AZ 14-014) Page 3 of 3 EXHIBIT A r a rir�l IDAHO IPSO Fat Wdmn~ Si. f a $wtn 1>0 - SURVEY 1+trnrnk1do0642 GROUP Phone (2M0 es74 Project No. 14-141 August 14, 2014 Revised November 19, 2014 DESCRIPTION FOR CITY OF MERIDIAN ANNEXATION SULAMITA, INC. PROPERTIES A parcel of land being located In the NE 1/4 of the NE 1/4 of Section 9, T.3N., R 1 W., B.M., Ada County, Idaho more particularly described as follows: BEGINNING at the NE corner of said Section 9 from which the N1/4 comer of said Section 9 bears North 80'30'00° West, 2649;94 feet; thence along the East boundary line of said Section 9 South 00601'38' West, 71236 feel; thence leaving said East boundary line North 88°18'00' West, 354,00 feet; thence North 72'69'90`Wes1,199.10 feet; thence North 70039'30' West, 76.82 foot to the SW corner of sald Parcel 2; thence North 00.01'38"East, 622.14 feel to a point on the North boundary line of said Section 9 thence along said North boundary Bne South 89'36'00' East, 610:86 feet to the REAL POINT OF BEGINNING containing 9.76 acres, more or less. C. Gregory G. Garter, RI.S. 69150 tageu.vNxacn to Cn wljl.non f1-tA1 WxNncnl.WxwQnbn Pawttloo Sulamita Church — AZ 14-014 EXHIBIT B 1/4 S 4 BASIS 0E BEMIAIG _- -- RBB-3q:WW ts49.94,. W. CHERRY LANE -S 4 S 3 S 9 2033.08' 619.e9` S 9 S 10 1 1 i I r 9.76 ACRES /'N 70'39'M'W Ir/ 76.82' w "NenYS'oo`w xs4.�oo� CENTENI.MIE 01TGF1 ��� SURVEY ��� wVbw�wee.) Sulamita Church — AZ 14-014 20 120 !60 0 60 i 210 SCALE; i" 120' ANNEXATION EXHIBIT-DRAVVING FOR SULAMITA, INC PROPERTY woos N K Is !11,4W M K 1/1 " Mc 9, Li KIW. dk. eCaw�. MW Io =I NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE NO. 15- JO PROVIDING FOR ANNEXATION AND ZONING ORDINANCE An Ordinance of the City of Meridian granting annexation and zoning for a parcel of land being located in the NE '/4 of the NE '/ of Section 9, Township 3 North, Range 1 West, Boise, Ada County, Idaho. This parcel contains 9.76 acres more or less. Also, this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho. This ordiru day of A AP 2015 r 0 f% Cit, o: C'yofM . ian Mayor and City Council By: Jaycee L. Holman, City First Reading`. 3 shall become effective on the o� Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code §50-902: YES ✓ NO Second Reading: Third Reading: STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 15-_ Ito 31 The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance No. 15- 1103` of the City of Meridian, Idaho, and has found the same to be true and complete and provides adequate notice to the public pursuant to Idaho Code § 50-901A (3). DATED this day of William. L.M. Nary City Attorney ORDINANCE SUMMARY — SULAMITA CHURCH (AZ 14-014) 2015. Meridian City Council Meeting DATE: March 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: 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 24, 2015 ITEM NUMBER: 12A PROJECT NUMBER: ITEM TITLE: A. Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To Conduct Deliberations Concerning Acquiring 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