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2015-07-21
E IDIAN.� CITY COUNCIL REGULAR MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, July 21, 2015 at 6:00 PM Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam O Luke Cavener (arrived @ 6:04) X Mayor Tammy de Weerd Pledge of Allegiance Lead by Scout Troop 260 3. Community Invocation by Troy Drake with Calvary Chapel 4. Adoption of the Agenda Adopted 5. Proclamation for Meridian Youth Baseball - Meridian Lemonheads Day 6. Proclamation for Americans with Disabilities Act Awareness Day 7. Consent Agenda Approved A. Final Order for Approval: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty -Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District B. Findings of Fact, Conclusions of Law: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1/4 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District C. Approve Minutes of June 9, 2015 City Council Workshop Meeting D. Approve Minutes of June 29, 2015 City Council Special Meeting E. Approve Minutes of July 7, 2015 City Council Meeting Meridian City Council Meeting Agenda — Tuesday, July 21, 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. F. Pedestrian Pathway Easement Between Ventana LLC and the City of Meridian Regarding a Multi -Use Pathway Connecting Ventana Subdivision to Heritage Middle School G. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Moira Hugues' "Fox Family" H. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Bryant Ideas for NTE $3,095.00 I. FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 11.2 Acres of Land in the R-8 Zoning District 8. Items Moved From Consent Agenda None 9. Department Reports A. Purchasing Department: Resolution No. 15-1078: A Resolution Ratifying an Emergency Expenditure Necessary to Perform Road Repair Work to Safeguard Life, Health and Property Following a Water Main Rupture; Authorizing the Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective Approved 10. Action Items A. Public Hearing: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R- 15 to TN -R; 1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4 Zoning District Approved B. Public Hearing: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 168 Single -Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN -R Zoning Districts Approved C. Public Hearing Continued from July 7, 2015: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L -O Zoning District to the R-15 Zoning District Continued to August 25, 2015 Meridian City Council Meeting Agenda — Tuesday, July 21, 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. D. Public Hearing Continued from July 7, 2015: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District Continued to August 25, 2015 11. Future Meeting Topics None Adjourned at 7:57 p.m. Meridian City Council Meeting Agenda —Tuesday, July 21, 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 July 21, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, July 21, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weer, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Sonya Watters, Bill Parsons, Clint Dolsby, John Overton, Mike Barton, Keith Watts and Dean Willis. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton X __ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X___ Lucas Cavener _ X Mayor Tammy de Weerd De Weerd: I would like to thank all of you for joining us this evening. It's always nice to see young people filling our Council Chambers. So, thanks to all of you for being here. For the record it is Tuesday, July 21st. It's 6:00 p.m. We will start will roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance Lead by Scout Troop 260 De Weerd: Okay. Item No. 2 is the Pledge of Allegiance. Tonight we will be lead by Troup 260. If I can ask the troop to come on forward and ask the rest of you to all rise. (Pledge of Allegiance recited.) Item 3: Community Invocation by Troy Drake with Calvary Chapel De Weerd: Item No 3 is our community invocation. Tonight we will be led by Pastor Troy Drake. He's with Calvary Chapel. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Drake: Mayor Tammy, Council Members. Let's pray. Lord God in Heaven, I just want to humbly ask you for three things here this evening. Number one, that you would just bless our nation. Lord, I was reminded as I drove up, a flag at half mast and it seems that it's like that more often than not now, God, and so we just pray for our country and that you said that righteousness exalts a nation and so we pray, God, that righteousness would prevail in the United States and that you would protect our country from evil. And also pray for our city here tonight and that we would be safe -- the citizens would be safe. You also protect those who serve us with their lives and so we pray for the citizens and that they would be cared for and, lastly, Lord, but not least, I pray for these people here Meridian City Council July 21, 2015 Page 2 of 36 tonight, these elected officials who serve us, God, that they have dedicated their lives, their time to -- to making these decisions for us and so, Lord, we just pray that you would give them a great amount of wisdom here tonight and all days as they serve and also, Lord, that you would just bless their lives and so we thank you for them and we just pray for our time here tonight, Lord, that it would -- it would be well used for your purposes and we pray all these things in Jesus' name, amen. Thank you for the privilege. Item 4: Adoption of the Agenda De Weerd: Thank you. I was going to ask you again, pastor, if you wanted a pin, but -- I just want to be consistent. Item No. 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 9-A, is resolution number 15-1078 and with that addition, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda with a notation -- with a notation. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation for Meridian Youth Baseball - Meridian Lemonheads Day De Weerd: Let the record also note that Councilman Cavener has joined us. Welcome. Okay. The next two are proclamations. I'm going to move down to the podium. Well, it's not often that we have the privilege of having very important athletes with us to recognize what they have accomplished and also to wish them well as they represent our community and our state at nationals. So, I have a proclamation and I'm going ask that you guys come join me up here while I read the proclamation to honor all of you, so -- I always wondered what Lemonheads looked like. I just didn't quite imagine them like you all, but you -- if you will join me up here I would appreciate it. And I will tell you that I have -- the one I will read tonight and a second one that lists all of your names and I will tell you that all of your names will be in our record, so some day when you're really old and you want to say I was on the public record at a city council meeting, you will have that to go back, find this day in time, and show whoever you want -- if I said your kids you would go ooh. That you actually have a day in your honor. So, whereas being an athlete is more than training to excel in sports or be physically fit, it is training to build leadership, character, confidence, teamwork and resilience. All traits needed to succeed on the baseball diamond, in the classroom, and in the real world and whereas the Meridian U12 70s proudly nicknamed Meridian Lemonheads have been playing on the diamond as a band of baseball brothers for four years with the overall record of 149 wins and 18 losses, Meridian City Council July 21, 2015 Page 3 of 36 translating to four time state champions and three time regional champions, proving they are a tough team to beat and whereas beating teams from Utah, Oregon, Washington and Idaho, in the pacific northwest regional tournament, led to an exciting championship game, down three zero heading into the last inning, our Meridian Lemonheads rallied and scored six runs to win six-three and were crowned the champions and whereas with a little extra swagger and support from their hometown, the Meridian Lemonheads will go on to represent at the Cal Ripken World Series in Baltimore, Maryland, where they will be -- where there will be many opportunities for cool selfies and countless unforgettable memories made and whereas the leadership, training, and discipline of their coaches and parents help all team members focus their talents and passion to become a winning team with each players making valuable contributions to their successes and victories, therefore, I, Mayor Tammy de Weerd, hereby proclaim Meridian Lemonheads Day here in the City of Meridian and call upon the community to join me in congratulating this team on their remarkable achievements and cheering them on as they go on to represent Meridian so proudly at the Cal Ripken World Series and I will present this to your coach and I have a pin for each of you and, then, two extra for each that you can trade. I hope you get really awesome trades for this memorable City of Meridian pin and wish you great success and special thanks to the coaches, the parents. We are really proud of these young people and we will join you in celebrating each of their games and cheering them on to victory. So, here you go. And I'm not going to shake your hand. I got a bee sting and my hand is like four times the size that it normally is, but -- here is this and if you would just say a few words and introduce each of your players. Whiles: Sure. We have over here Tommy Whiles and Mckay Anderson and this is Coach Jason Anderson and one of our bat boys here that's hiding in the back Carter Anderson. And next to me is Jacob Hughes and to my left is Mason Kielty, Cole Roberts. This is another bat boy Tory Whiles and Mark Steward next to him and, then, Carson Bohning, Jackson Reed and Brayden Rundell and we are missing a couple tonight, but we just wanted to tell you how much we appreciate being up there and how much we appreciate having Meridian on our chest. We will now become the Pacific Northwest when we compete. We will be competing against ten other areas in the United States and also eight countries. Australia, Japan, New Zealand, Dominican Republic on and on and so we will be wearing purple from now on and it will say Pacific Northwest on it, but we will not forget where we are from and we are taking our uniforms, because we are the Lemonheads and we always have been. So, we just appreciate the time up here and you can root for us on ripkenbaseball.com, they will have live feeds and tell you how we are doing. We start on Sunday against the Maryland state champion, so -- and, then, we will play every day after that. So, thank you very much from the Lemonheads. De Weerd: And if someone will keep us apprised of what's going on when you're playing, we will post it on our Facebook and help you get the word out so you have people cheering you from afar. Okay. And you boys you do not have to stay here for the rest of our meeting. You have earned not having to sit through our meeting. So, thank you so much for being here. Thank you. Meridian City Council July 21, 2015 Page 4 of 36 Item 6: Proclamation for Americans with Disabilities Act Awareness Day De Weerd: I'd ask Angela Lindig to please join me. The second proclamation is to -- a proclamation to bring awareness -- and just another footnote for these young baseball players, if any of you want to sponsor them they are looking for sponsorship to help them pay for their trip. So, I'm sorry I didn't say that while they were in the room, but we have their contact information if anyone would like to have it. I'm sure donations are welcome. I'm very pleased and privileged to be able to stand up here and read this next proclamation and just a little context. This woman to my right has been a long time advocate for individuals with disabilities to really teach tolerance through play. She helped our community bring Adventure Island playground to the City of Meridian, which, in turn, spurred a number communities to do the same and change policy as to the -- the soft fall material underneath playgrounds that people of all abilities could play and learn on the playing ground. So, it is with honor that I read this proclamation. Whereas on July 1st, 1988, the Idaho Human Rights Act, was amended to prohibit employment discrimination against individuals with disabilities and whereas on July 26, 1990, President George H. Bush signed into law the Americans With Disabilities Act, ADA, to insure the civil rights of people with disabilities and whereas the ADA serves as a national mandate that sets standards to address and eliminate the discrimination against individuals with disabilities in the areas of education and employment, government services, places of public accommodation, commercial facilities and other vital areas of society and whereas the ADA has expanded opportunities for people with disabilities by reducing barriers, changing perceptions and promoting full participation in community life and whereas the City of Meridian is not immune to life altering physical or mental impairments experienced by our beloved residents may limit one or more major life activities and whereas with Idaho's first universally accessible playground, the City of Meridian strives to provide integrated environments for people with disabilities, so they may have equal opportunity to participate as active, productive and independent citizens in Meridian, therefore, I, Mayor Tammy de Weerd, here do proclaim July 26 as American With Disabilities Act Awareness Day here in the City of Meridian and call upon all citizens to celebrate this 25th anniversary of the Americans With Disabilities Act and to reaffirm the promise that the ADA is to insure the civil rights of people with all different abilities and I present this to you, Angela, and ask you to make a few remarks. Lindig: Sure. Thank you. Good to see you. De Weerd: Nice to see. Lindig: Hi. Thank you. I want to just acknowledge these great folks behind me, because so many of them worked with me on a citizen committee to create the Adventure Island playground, which is now 11 years old, so in the spirit of the ADA I just want to say the City of Meridian went above and beyond the actual requirements of the ADA in creating a universally accessible playground and letting it serve as a model. It is truly universal and it still continues to shine today and we are thrilled and I don't know, Danna, if you want to say a few things about the 25th anniversary of the ADA. I will let you introduce, because I'm going to get it wrong, but I believe the director of the Northwest ADA Center -- Idaho. Meridian City Council July 21, 2015 Page 5 of 36 Okay. I almost got it. So -- and Danna actually organized the 25th anniversary celebration in Boise that happened this past week and the Hands Around The Capital. So, do you want to -- De Weerd: If we can get you over here. I'm sorry, I would move it, but -- Gover: I just want to say thank you. It's really exciting -- this is actually the first proclamation I have ever -- we have received in person. So, what we are going to do -- we are tweeting this and letting people know nationwide about the cities in Idaho who have signed a proclamation. So, you guys will be one of the first and we are going to start doing that on July 26th. So, it's part of a big, big celebration. So, we really appreciate you guys doing this. This is awesome and we are very, very honored. De Weerd: Thank you. Gover: Thank you. De Weerd: We are honored to have you have. Well, thank you and Angela -- we were reminded how long it's been since Adventure Island was, because we have to replace the soft fall material and just had no idea it's been in place for that long, so it's been a true asset to our community. So, thank you again. We are making sure it continues to carry the legacy that you created in this community. So, thank you. Item 7: Consent Agenda A. Final Order for Approval: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty-Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District B. Findings of Fact, Conclusions of Law: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1/4 Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District C. Approve Minutes of June 9, 2015 City Council Workshop Meeting D. Approve Minutes of June 29, 2015 City Council Special Meeting E. Approve Minutes of July 7, 2015 City Council Meeting Meridian City Council July 21, 2015 Page 6 of 36 F. Pedestrian Pathway Easement Between Ventana LLC and the City of Meridian Regarding a Multi-Use Pathway Connecting Ventana Subdivision to Heritage Middle School G. Professional Service Agreement for Artwork for Traffic Box Community Art Project: Moira Hugues' "Fox Family" H. Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Bryant Ideas for NTE $3,095.00 I. FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Thirty-Nine (39) Building Lots and Five (5) Common Lots on 11.2 Acres of Land in the R-8 Zoning District De Weerd: Okay. Item No. 7 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda as published, authorizing the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All eyes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 9: Department Reports A. Purchasing Department: Resolution No. 15-1078: A Resolution Ratifying an Emergency Expenditure Necessary to Perform Road Repair Work to Safeguard Life, Health and Property Following a Water Main Rupture; Authorizing the Expenditure of Public Meridian City Council July 21, 2015 Page 7 of 36 Money to Safeguard Life, Health and Property; and Providing an Effective De Weerd: So, we will move to Item 9-A, which is Resolution 15-108 -- or 78 and ask for Keith Watts' comments. Watts: Thank you, Madam Mayor, Council. As you are now aware, we had a water main break back in the early part of April, which required immediate attention. The water department was able to go out and repair some pipe work, but we had to hire a contractor to come in and do the asphalt work. The resolution here is presented to you today so you can declare that that was, in fact, an emergency, so we can expend those funds pursuant to Statute 67-2808. I also have a second part of this as well for future emergencies we are trying to get an SOP and a policy written on emergency purchases and would like Council direction. As you can imagine, it's not possible for us to come before Council in a meeting and get approval prior to having somebody come out and repair a water leak that's dumping thousands of gallons an hour into the street. So, my request would be for direction on how to obtain the Council approval and wondering if an e-mail, possibly, to the Mayor or if the Mayor is not available to the Council President for them to be able to authorize an emergency purchase at that time. So, there is two parts to this. De Weerd: Keith, did we not have you on our emergency planning committee? Watts: I had been on it at one point, yes. De Weerd: Because our protocol was put together and so I -- I think that that works -- or it should. Watts: Okay. I know -- I'm pretty sure you were out of the loop for a while and this is -- as well as myself when the emergency actually took place. So, we need to write up an SOP, circulate that to all the departments that -- for the process to follow when an emergency takes place. De Weerd: Okay. Well, we can bring that back on a Council agenda next month -- Watts: Okay. De Weerd: -- and have that conversation, so -- any comments or feedback for Keith? Rountree: As that is brought back I would like to see what we have in place for protocol currently and if we can simply modify that, let's do that. Bird: Yeah. We should have already had -- De Weerd: It's all under the -- Bird: Emergency management. Meridian City Council July 21, 2015 Page 8 of 36 De Weerd: -- ICS type of protocol, but we will bring it forward. Nary: Madam Mayor? De Weerd: Yes, Mr. Nary. Nary: Madam Mayor, Members of the Council. So, yeah, our department and Keith's have worked to at least put this resolution to get this bill paid and taken care of and, then, we will come back -- you know, most of this stuff in the ICS system talks about some fairly significant types of emergency situations and things that, again, have a high sense of urgency. Some of it we are trying to match up the statute and the protocols that exist and that's that where this resolution comes from. So, we do want to get this taken care of and, then, we can come back to talk about making sure SOPs are current with all various types of emergencies with our emergency responders as well. De Weerd: Anything further? Do I have a motion on this resolution? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1076. Milam: Seven eight? Bird: Seven eight. I'm sorry. Rountree: Second. Zaremba: Second. De Weerd: I have several seconds to -- Bird: After I righted it. De Weerd: -- the corrected motion. The motion is to approve Resolution 15-1078. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Watts: Thank you. Meridian City Council July 21, 2015 Page 9 of 36 Item 10: Action Items A. Public Hearing: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R-15 to TN-R; 1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4 Zoning District B. Public Hearing: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 168 Single-Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN-R Zoning Districts De Weerd: Thank you. Item 10-A and B are public hearings on RZ 14-007 and PP 14- 017. I will open these two public hearings with staff comments. Watters: Thank you, Madam Mayor, Members of the Council. The applications before you tonight are a request for rezone and a preliminary plat. This site consists of 48.56 acres of land, currently zoned R-4, R-8, R-15 and TN-R and is located south of West Overland Road on the west side of South Linder Road. This property was annexed with a development agreement back in 2006 as part of the Southridge development. A preliminary plat was also approved at that time, which included the subject property, but the plat has since expired. The development agreement has been modified a couple of times since the original approval and the portion of the site at the northwest corner of this site was previously conceptually approved to develop as an apartment complex and is governed by a separate agreement. A property boundary adjustment application was tentatively approved last year to create the properties for the subject plat and is in the final approval process. The applicant is requesting a rezone of 3.05 acres of land from R-15 to TN-R; 1.67 acres from R-4 to R-8 and .83 of an acre from R-8 to R-4, as show on the existing map, which staff deems generally consistent with the medium density residential and medium high density residential future land use map designations for this site. The proposed rezone to R-4 and R-8 will clean up the existing zoning boundaries in accord with the proposed preliminary plat and the proposed rezone to TN-R will increase the area of existing TN-R zoned area. Development of the northwest portion of the site proposed to be zoned TN-R is governed under the Southridge Apartments development agreement. Prior to Council approval of the finding for the subject applications the development agreement is required to be modified to include a conceptual development plan for that area consistent with the proposed plat. A preliminary plat is also proposed as shown, consisting of 168 single family residential building lots, which is one lot more than originally proposed and 32 common lots on 48.56 acres of land. The overall gross density of the subdivision is 3.43 dwelling units per acre, with a range of densities between 2.22, 3.74, and 5.91 dwelling units per acre between the R-4, R-8 and TN-R zoned areas respectively. Access is proposed via existing streets to West Overland and South Linder Meridian City Council July 21, 2015 Page 10 of 36 Road. Stub streets constructed within phase one are proposed to be extended with this development. Stub streets to adjacent underdeveloped parcels to the north and west are also proposed for future extension in accord with the approved conceptual development plan for this site. Common driveways are proposed for access to the lots along the southern boundary of the site. You can see them right here on the plat. An exhibit map was submitted for these lots as required and has been reviewed and approved by the Fire Department for emergency access. Landscaping is proposed along Linder Road, an arterial street, and South Spanish Sun Way, a collector street, in accord with UDC standards. Sorry this landscape plan is a little disjointed, but it's several pages. A segment of the city's multi-use pathway is proposed along the frontage of Block 3, which is right here, and along the west side of Linder Road consistent with the master pathways plan. Detached sidewalks with parkways are proposed throughout the development. Staff recommends the landscaping and pathway along Linder is installed with the first phase of development. 5.31 acres or 11 percent of the site is proposed in qualified open space in accord with UDC standards. A minimum of two site amenities are required. The applicant is proposing the multi-use pathway through the site and along Linder Road and a picnic area as amenities. The applicant is requesting a waiver from Council to allow the Ridenbaugh Canal to remain open and not be piped. Because this is a large facility staff is supportive of the request provided fencing is constructed to preserve public safety. The applicant has submitted pictures and design guidelines of homes that represent the type of construction planned for this development, which includes one and two story homes with mix of three types of building materials, contrasting colors, varying roof lines, and five different architectural styles in accord with the development agreement, which requires Council approval of architectural guidelines. A variety of structures within a block is also required. Summary of the Commission public hearing. Jason Densmore, the applicant's representative, testified in favor. No one testified in opposition. Steve Prisbos commented on the application and written testimony was received from Jason Densmore, the applicant's representative. The only outstanding issue for Council tonight is the existing development agreement for Southridge apartments is required to be modified to update the previously approved conceptual development plan consistent with the proposed development plan and final approval of the property boundary adjustment application is required to be obtained prior to Council approval of the findings for the subject application. The Council can act on these applications tonight, but the findings will be delayed until these items are completed. The applicant should submit the development agreement modification and finalize the property boundary adjustment within the next 30 days. No written testimony has been received since the Commission hearing. Staff will stand for any questions Mayor and Council may have. De Weerd: Thank you. Council, any questions? Bird: Not at this time. De Weerd: Okay. Would the applicant like to make comment? Good evening. If you will, please, state your name and address for the record. Meridian City Council July 21, 2015 Page 11 of 36 Densmore: Yes, ma'am. My name is Jason Densmore with The Land Group. Our address is 462 East Shore Drive in Eagle. I'm very pleased to be here tonight representing the applicant on this. We have been working with your staff for quite some time. I think you will -- you will notice from the -- from the record that this was in front of Planning and Zoning and, then, hit a little bit of a delay as we developed the architectural guidelines that you saw a few minutes ago. Now we are pleased to bring the application back to you. As an extension of the previously approved and platted Southridge Subdivision we were quite excited that Southridge Estates is going to expand the selection of lots and housing types that are available in that development and really invigorate home building in that area. We don't have objections with staff's recommendations on the project and hope for your support this evening. If you have any questions I would be happy to answer them. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I noticed two of the examples -- pictures of elevations that we have been given, two of them have no street facing garage. Are there -- were alleys or how is parking for those done? Densmore: There are alley loaded lots in the existing subdivision and it was the intent that the architectural guidelines would apply not only to Southridge Estates, but also to some of the lots that have already been platted and so that's the reason for providing the - - the elevation that you mentioned. Zaremba: Thank you. De Weerd: Okay. Any additional questions? Bird: I have none. De Weerd: Thank you. Densmore: Thank you. De Weerd: Either you were very thorough or staff was. Densmore: I'm sure it was staff. De Weerd: Okay. This is a public hearing. I do have one person that signed up to show support. Tim Eck. Would you like to provide testimony? Okay. Is there anyone else who would like to provide testimony on this item? Okay. Council? Meridian City Council July 21, 2015 Page 12 of 36 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on RZ 14-007 and PP 14-017. Milam: Second. De Weerd: I have a motion and a second to close the public hearings on Items 10-A and B. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: So I don't make mistakes again, I move we approve RZ 14-007 and to include all staff, applicant and public comments and that also included the existing development agreement being modified to update the previous conceptual development deal and while we are passing these, the findings will be held until the applicant has submitted the DA modification and the PBA with the next 30 days. Milam: Second. De Weerd: Okay. I have a motion and a second. Any conversation about the motion? Okay. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve PP 14-017 and to include all staff, application and public testimony. Milam: Second. De Weerd: I have a motion and a second to approve Item 10-B. Any discussion from Council? Madam Clerk. Meridian City Council July 21, 2015 Page 13 of 36 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. C. Public Hearing Continued from July 7, 2015: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L-O Zoning District to the R-15 Zoning District D. Public Hearing Continued from July 7, 2015: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District De Weerd: Items 10-C and D are public hearings continued from July 7th on RZ 15-008 and PP 15-007. We will hear these two public hearings with the staffer gentleman over there with the bowtie. Bill, welcome. Parsons: It's been awhile, so thank you. It's a pleasure being here presenting this application to you this evening. The subject property is -- consists of three acres of land. It's currently zoned L-O within the city. This property was annexed in with the Danbury Fair Subdivision, which is primarily along the perimeter of this development and it had the L-O zoning at that time. In my research of the annexation of this property there was not a development agreement required or approved with that annex and zoning approval. As you can see here, as I mentioned to you, it is primarily surrounded by single family residential. The applicant is here this evening to discuss rezoning this property from the L-O zoning district to the R-15 zoning district and platting 15 residential single family lots. Here -- the two access points to the development are stubbed along the north boundary of the site and will be extended and it will be extended with a public street East Avebury Way here. The applicant has reached out to ACHD and received their approval of a reduced street section for this segment and, basically, will act as an alleyway, but as proposed this evening the applicant has a 20 foot wide road here -- sidewalk on the south boundary and they are seeking Council's waiver for no sidewalk on the north boundary. In ACHD's staff report they did have a condition in that that would allow the applicant not to construct the sidewalk if the City Council includes that in the motion this evening. Because of the reduced street section parking will be limited on the site, so the applicant is proposing to plat one common lot to serve as guest parking for the proposed development. I'd also mention to Council that because this is a single family development, the applicant would still be responsible to provide a two car garage for each resident and, then, also a 20 by 20 parking pad. So, per the UDC they will have to provide four parking stalls. So, again, Meridian City Council July 21, 2015 Page 14 of 36 no on-street parking, but they have nine -- nine guest parking stalls on the common lot and, then, all the existing single family homes again will have their own required parking per the UDC. Open space for this site -- or the 15 buildable lots -- the only reason why the applicant's requesting that zoning district is it allows them to get a little bit greater density on the property. On the Comprehensive Plan this property is designated the medium density residential district, but we anticipate densities between three and eight dwelling units to the acre. The plan before you this evening represents five dwelling units to the acre, so it's still within that three to eight density range that we envision under the Comprehensive Plan. The lot sizes on the proposed plat range in size between 2,800 square feet and 5,300 square feet. The applicant is also proposing that five of the homes take access from a common lot and you will see that located here along the west boundary of the site. Because this site is under three acres in size the UDC does not require any open -- or require usable open space to be incorporated into the plan. The applicant is required to construct a 25 foot wide landscape buffer along Pine Avenue. As you can see here it's not represented on this plan, but the preliminary plat -- this site is -- is impacted by a large irrigation easement. Currently it's 90 feet, so ten feet of it runs along Pine and, then, approximately 80 feet fall on this property. Under the UDC the applicant is required to provide only a five foot minimum -- five foot wide minimum -- five foot wide minimum landscape buffer outside of that easement to insure that we get the required trees and required plantings. The applicant has been working very closely with the irrigation district. I would have to mention to Council that no one anticipates the Five Mile Creek getting really greened up and really enhanced as part of the development. The applicant is -- the irrigation district really wants to maintain access to that creek for maintenance. There will be an existing gravel road that will remain as part of the common lot. The only landscaping that you will see along the fronts or the backs of the homes will be that five foot wide landscape buffer and I do have an exhibit to show you later in my presentation. The applicant again has not proposed to provide any amenities within the development, but they have offered up to construct a five foot walkway that would run along the west boundary of the proposed parking lot, turn to the west, run across the Danbury Fair common lot created along this west boundary here and, then, tie into the city's multi-use pathway. The applicant is still working with the Danbury Fair HOA in order to get permission for that pathway connection -- or that sidewalk connection to happen to the city's multi-use pathway. During the P&Z Commission hearing one of staff's recommended conditions in the staff report is -- because the site is so constrained, because of the reduced street section, because of the visibility of the site as an entryway into our downtown, staff and the commission were very concerned about the esthetics of this development and so one of staff's recommended conditions was that the applicant was to provide a revised exhibit demonstrating how this -- some of the conditions that we have in the staff report were to be met. One condition in particular where the design criteria for the homes -- how would front -- how would they be seen or visible from Pine Street and how would access be gained through the front of those homes and so the applicant did not have that information before the Planning and Zoning Commission and ultimately they have recommended a denial before you this evening. But the applicant has gone back to the drawing board, they have done their homework and here is the revised plan they want you to take under advisement this evening. So, one of staff's recommended conditions and something that the Commission also supported was the Meridian City Council July 21, 2015 Page 15 of 36 requirement for a sidewalk in -- along the front side of the homes and the exhibit that's showing before you this evening the applicant does not want to construct sidewalk in the front of the home for a portion of the lots. As you can see in that previous exhibit or at least this upper right-hand exhibit -- or the lower exhibit, excuse me, shows that a portion of that sidewalk would be constructed within that common lot in front of that five foot landscape buffer that I described to you on the landscape plan. But the eastern half of the development the applicant does not want to construct any sidewalk from the front of the homes or any sidewalk -- I mean from the front porches to that sidewalk that front on Pine. Both Planning and Zoning Commission and staff felt that that was an important connection for the residents not only to get them from along the greenbelt to -- or at least from their homes to the greenbelt, but also to help kids or people living in that subdivision to provide them another connection out to the sidewalks along Pine and that's why we really felt that was a design esthetic that needed to be part of this development. Again, the applicant is proposing that connection to happen from the garage and you enter basically on the side of the home here. They would be granted -- granting a use easement across the property for that pathway to be built on the buildable lots. So, here are -- the other thing that the Commission was concerned about were the backs of the homes or how those were oriented towards not only the street, but also how they were oriented towards Pine and the applicant has actually provided three or four exhibits or revised elevations for you to take under consideration as well tonight. So, although labeled rear on this elevation here, this would be the elevation that would be oriented towards Pine. You can -- it looks like the front of the house. It looks like a front porch with the door. There is an entry and, again, that's why staff and Commission felt so strongly to have sidewalk connectivity in front of these homes and these lots. Here would be the front of the elevations that present themselves towards the new public street segment, which will be mostly public street dominated. You still could have a mix of material and some pop outs, so you still get an attractive street presence just by having these two design elements as focal points and that's really something that staff wanted as far as the staff report. So, I believe the applicant has provided some of these for you. You can see there is -- there is a mix of materials here. The applicant's also provided sample photos that I will show you as well. This is another elevation that they have presented for you this evening. Again you can see the covered entries, the columns, the mix of materials, and, then, how it presents itself along the public street. This elevation here staff is not supportive of, because it doesn’t demonstrate what the other two have. There is not a lot of variation in the façade. You can see the back of the home provides no modulation or changes in the materials. So, if it's your -- if it is your desire to recommend approval or approve this application tonight, we would ask that this elevation be stricken from the record. And, then, here is what was presented to P&Z as far as front elevations and, again, we felt this was the design concept that we needed for the entryway into our downtown area, given the fact that they are fronting on -- although it won't be enhanced or landscaped, that still is a natural waterway and a creek and there is a ten foot multi-use pathway that it needs to get connected to. And here are some -- some of the actual elevations built on the ground in Boise. And this is just an example of their floor plan, so you can see if those sidewalks were constructed from the side -- along the sides, the -- the owners or the guests of -- visiting the residents would actually be entering into their kitchen or their dining room area. Again, it's up to the applicant to propose that, but, again, staff and Commission feel it is appropriate to have Meridian City Council July 21, 2015 Page 16 of 36 the sidewalk in front of the homes. And, keep in mind, the applicant is constrained with that easement. They have worked with the irrigation district. They have gotten some concessions from the irrigation district to allow for some of that -- to allow for some of that landscaping to go within that easement. One of the options the applicant could do -- if I can step back here to the concept plan. The overall plan here. Again, there will be sidewalk for this segment. The staff's condition is to have even connecting sidewalks from the front porches to that sidewalk and they are proposing wrought iron fencing there. One option if the applicant doesn't have the room to construct the sidewalk outside of the buildable lots, the applicant could create a pedestrian easement cross the front of those lots and put the fencing on that -- at the edge of the walkway and, therefore, you would still have the fence, you get the sidewalk, the neighbors could still have their private front yards and they could have the five foot landscape buffer on the front edge of the walkway. So, similar to this graphic here. You, basically, have the fence, you have the five foot sidewalk, or even a four foot sidewalk, since it's not a requirement. Code would allow them to go down to a four foot sidewalk and, then, do the five foot landscape buffer out in this area. Now, it would reduce their front yard or their rear yard a little bit, but they would still meet code. Still give them private patio space and, then, we could still get that attractive streetscape along Pine Avenue. So, testifying at the public hearing was Matt Schultz. We had 20 residents testifying -- either testifying -- signed up in opposition or testifying in opposition of the application and I believe their primary concerns were parking in the street north of this development, because of the reduced street segment and having just that small overflow parking area they were concerned about guests visiting the development and parking on the public streets, which, again, is allowed in that development, just not this particular one. Matt Schultz did provide written testimony in rebuttal to the staff report. I think, really, I have hit on the key issues that the Planning and Zoning Commission discussed at the hearing. One was parking in and around the proposed development. The design esthetics of the proposed homes. The pathway connections to the ten foot multi-use pathway. Construction -- one other concern that was discussed was construction traffic entering either -- off of Pine and not through the residential subdivision. I think the applicant would have to, again, coordinate with Nampa- Meridian Irrigation District and the Danbury Fair HOA to cross the common lot there on the west boundary and, then, again, as I alluded to and probably beat a dead horse about getting that sidewalk connection in front of the homes, not on the side of the homes. That's really a critical design element for this project. Again, the Commission did recommend denial, just -- and overturned staff's recommendation for approval just because they didn't have enough information to determine whether or not the R-15 zoning district was appropriate for this site. They wanted to see that design esthetic and how would those homes front on that street and they just didn't have that presented to them, so they did forward that recommendation on to you. De Weerd: So, Bill, why didn't they continue it? Parsons: Based on the public hearing the applicant stood up and said I'd rather go forward with a denial. He did not want to be continued and delay this project. De Weerd: That's crazy. Matt, that's crazy. Meridian City Council July 21, 2015 Page 17 of 36 Parsons: And so the -- I guess we have three outstanding issues for you this evening. First being that sidewalk on the north side of the road, again, it's in your purview if you want to take action on this for approval tonight we -- the applicant and ACHD would support that being gone -- or eliminated if you supported that -- the city supported that. Second item would be the applicant, as requested, although they are doing it as part of a private amenity in their rebuttal to the Commission recs, the applicant has requested that the city maintain that private amenity. I did have a chance to speak with the Parks Department, both Planning and the Parks Department. I believe that this is a private amenity on a private common open lot and it should be maintained by an HOA, not the city's responsibility. Also we do not support that request from the applicant and, then, again, the third -- the third item that you need take under advisement this evening is whether or not you want the access to be -- the homes be accessed from the side or have the sidewalk connections in front of the existing homes. Because the Planning and Zoning Commission did recommend denial this evening I don't have any recommended DA provisions to share with you, because all of those conditions have been removed from the staff report. So, I will conclude my presentation and I'd stand for any questions you might have. De Weerd: Thank you, Bill. Council, any questions of staff? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: And maybe you said, Bill, but the reason that the R-15 zoning is being asked for with the five dwelling units instead of R-8 -- is that setbacks or what is the -- what is the reasoning for R-15? Parsons: Yeah. Madam Mayor, Members of the Council, the R-15 zoning district allows them to plat smaller lots and gives them -- allows them to get this density on the property. So, it gives them relief from the dimensional standards that would otherwise be required for the R-8 zoning district. So, under the R-15 zone the minimum lot size is 2,400 square feet. In the R-8 zone it's 5,000. Milam: Okay. Thank you. De Weerd: And the setbacks are -- Parsons: And the setbacks are pretty much the same, except for the front yard. The front yard setback would be 15. In the R-15 zone it's ten feet. De Weerd: Okay. Any other questions for staff? If you will, please, state your name and address for the record. Meridian City Council July 21, 2015 Page 18 of 36 Schultz: Good evening, Mayor and Council. My name is Matt Schultz. 8421 South Ten Mile in Meridian. Here on behalf of Avebury Development, LLC. I was approached last year about Avebury on this piece. It's been sitting vacant for probably about 25 years since Baker developed the surrounding Danbury Fair. I did my research. He developed it in between '92 and '95 in six phases. It was 238 lots on about 63 acres. Comes in at about 3.8 to the acre. This piece was just sold by Dennis Baker last year to Avebury Development. So, Dennis has owned it for 25 years or however long and if he couldn't make it work -- and if Dennis couldn't make it work as L-O I'm not sure anybody could. I'm not sure it's a good location for it, even if the creek was -- allowed better access. With access coming around the back it's certainly not. I'm no expert on marketing, but I don't think it's a good L-O site, light office site. So, we hope you would agree with us that maybe a zone change to residential would be warranted and so the next question is is it R-8, which is what the surrounding subdivision is or is it R-15. Staff actually suggested we should look at R-15 back when we first met, but it would allow us -- give us some dimensional flexibility. We have used the same setbacks as an R-8, which is five and five sides, 20 foot garage, and, then, the same in the rear and for some reason we got off track on what's rear and front on this one, you know. And I don't know how it happened. Maybe it's because the product that we suggested -- that I suggested to the developer that they might want to look at is over in southeast Boise and they access off a traditional alley and they have a front porch that's ten feet away from a sidewalk and a road and it's more traditional. This with the ditch and everything else it's not that, so that's why the rear and the front got switched. So, I look at this like all the subdivisions that we have built in the city that back up to -- to collectors or arterials -- this backs up to it -- our rear is what backs up to it. We have a landscape buffer and, then, we front on a road in front of it. In the front is the road we take access from. So, I look at this as more standard. It's not this fronting on Pine -- it's not fronting on Pine. We have rear yards backing up to Pine is what we have. And so I know it came from how we kind of started thinking about using this alley loaded product that works well with an over 200,000 dollar product. It's a two story, instead of a single story, which is what we have around us. All the homes around us are between a thousand and 1,300 square feet. Built 20 years ago. And single story, wide and shallow. Ours are narrow and deep. Between -- we have shown you three product floor plans from this other subdivision that, obviously, a little tweaking on where they enter and, you know, the back door, which they show the front, will be the slide and an entry door. We had to redo the interior. We spent a lot of time on the architecture interior, but we didn't think that was important, we wanted to show you the concept that a house this narrow works and it can work well and it can fit in this area and provide a nice, new subdivision. So, what if we would have done an R-8 here? It would have had probably about 11 lots. They would have been setback to setback, 11 lots, wall to wall, fronting on this road. The reason we have a no parking road is we are pinched. It was a challenging site in terms of dimensional standards that we do provide the required two parking stalls in the driveway and two parking stalls in the garage and the overflow parking was to say, hey, it's not required, but let's provide it. There is a sewer line that goes through there. Let's provide that as an overflow parking for guests and people would take access to their -- to their home like people take access to other homes. They drive into their driveway and they walk -- in this case instead of walking in there, they just kind of come out to the side and come in here. It works well. It's worked in other subdivisions like that. As far as Meridian City Council July 21, 2015 Page 19 of 36 the idea that somehow another sidewalk would be good through here to provide access for people to have to walk around and come in that door, that's what staff's requesting we provide and what we have here -- you got to remember that we are over a hundred feet away from the travel lane of Pine. We are an additional forty feet back further from other subdivisions being approved with a requirement that they articulate the rear. That's what we are asking to be required to articulate the rear and we are 40 feet further from the road than say like Normandy, which you approved last -- on Locust Grove. Because of the ditch, the 25 foot level, your code allows in situations where you have a natural amenity like -- or natural drain like this that requires a five foot street buffer -- everything fits. It meets your code. It meets R-15. We are not asking for any variances, we only ask for a waiver on this sidewalk up here just to give us an extra five feet in the homes. We have a sidewalk ramp that crosses over. If you like that sidewalk in there we could live with that. We are just asking for the waiver. We think it's unnecessary. It's close to existing homes. ACHD supported it. We didn't think it was a big deal. We would rather do that sidewalk than the sidewalk that goes through those yards. Bill, can you put the one up that has the blow up, please? So, we did a blow up kind of showing -- you know. So, say the sidewalk goes through there, that would totally take out what we would like to preserve as a private -- you know, backyard, side yard, open space. We are trying to preserve that for people that buy these so that they can have a backyard or a side yard and not a sidewalk going through their backyard, which is, essentially, what staff's asking for. We don't believe -- if we thought it provided a good amenity and a good esthetic to Pine, we would do it the way you have -- like I said you have got the pathway along Pine, you got the ditch, you got the 25, you got the landscape buffer, you have got the fence and you got a rear yard. Putting in a sidewalk you won't even see it. You won't even see that sidewalk and we don't believe that it provides that -- that look that they are asking for. And our property even kind of -- when we first saying, hey, this is how they have done it in southeast Boise, but it's a different situation where they fronted on the alley with no driveway and they had another road in the front for parking. And in this case we actually have more parking than that site does, better setbacks, nice homes, between 1,400 and 1,700 square feet and meets all the zoning setbacks and we are willing to enter into a development agreement to lock in those R-8 setbacks that allow the three and three side yard, which we want a five and five and they allowed a couple feet in the rear, which doesn't -- doesn't really help us. So, really, what -- why we are asking for the R-15 is to allow an efficient design that fits this specific product that works very well, provide a nice upper end product for a location and we think it's going to be an improvement, it's going to help the neighborhood, and it's going to clean this -- it's going to provide a nice entryway to your city, nice landscape strip and the only reason why we ask Planning Commission to allow staff to review some architectural pictures that we didn't have of the front, which staff called the rear and they said, no, we can't do that and they denied it. We just asked to be deferred to staff. So, it wasn't -- it wasn't as bad as staff made it sound. P&Z did go on the record as saying that they -- they didn't have a problem with the actual density or the layout, it's just they didn't have the document to approve it and we asked that they move us along. If it's your choice to remand us back we would do that. We don't think it's necessary, but if -- if you would do that that would be better than a denial. So, we would ask that you approve us with conditions and delete the requirement for the sidewalk along Pine, except for the portion Meridian City Council July 21, 2015 Page 20 of 36 we are putting across the Danbury Fair HOA property. So, with that I would ask for your approval. Thanks. De Weerd: Okay. Thank you, Matt. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I appreciate the issue you have with the irrigation district, but I think there is an opportunity here to do something with that. It appears that the common lot encompasses the channel and keep in mind that's a water of the United States, it's not a ditch, in spite of what the irrigation district thinks. They can't put a shovel in that without a 404 permit. I think there is an opportunity as an owner of that property to go to the Corps of Engineers and say, hey, that's a natural waterway and I'm going to object to any permit that you seek to modify or do anything in that channel. I would suggest that you take a look at flipping what you have done and as opposed to a dirt access road, provide a driveway for those units and have the garage off the side of the -- and you probably looked at that, but in my mind that's -- the way it's set up -- I can't imagine living in that situation where I have got five feet of landscaping and I have got a 20, 30, 40, 50 foot weed patch in front of it and I don't know how you're going to address that. So, I guess my question is something needs to be done with the frontage rear or the rear frontage or whatever you're going to call that piece, along the -- along the creek and I believe that the right of way is in the City of Meridian. We need to do something with ACHD to get that right of way cleaned up. De Weerd: It's a mess. Rountree: It needs to be graded. It needs to have the weeds removed. It's need to be made presentable. I'm not saying it has to be landscaped, but it needs to be presentable. You have got piles of material that's been pulled out of the creek just -- the irrigation district just loves to leave stuff as it lays. It needs to be cleaned up. So, so much for -- I have been doing this all day, so I'm not taking it out on you, Matt. De Weerd: We had our budget hearing earlier. Schultz: That explains it. A little bit. A little bit of it. De Weerd: He's trying to cut some stuff out. Schultz: Mayor, Councilman Rountree, I -- we appreciate that, because we want something that -- in my owner's name looks cute, looks good and we have struggled with that, too. We'd like to go landscape it and sort of maybe put some grass in there and some sprinklers shooting out over it to keep the weeds down and -- but you still have the Meridian City Council July 21, 2015 Page 21 of 36 sliver that's in the right of way, like you said, just off the pathway and there is a little hump of dirt and we'd love to work with whoever to clean that up, knock in down -- Rountree: I think that's our job to work with. Schultz: It is, but we -- we want to -- what Nampa-Meridian says is they need a 25 foot from top of back clear. Clear being for their little ten foot road and, then, stay out of it, because it's our biggest ditch that we need to clean who knows how often, I don't even know, and we need -- we talked them down from 28 so we could get this -- this road -- this sidewalk in here. We did that after Planning Commission. We went back to Nampa- Meridian and said are you sure you can't give us three more feet? Because we would really like to put this pathway in, we think it's that important to the overall connectivity -- just not for our side, but for people that are walking through there already today and cutting through this site and going over to the -- the Five Mile Creek Pathway and he said, okay, we will give you three feet. So, we got them down to 25 and everything fits with what he gave us, everything kind of cleared up and fit. But if you put a condition that we work with Nampa-Meridian to sprinkle that and keep some kind of grass or some kind of landscaping -- low maintenance landscaping to make that look nice we are all for it. We want to do that. We are not saying, hey, it's not our problem. Because it's a common lot. It really is the common lot for the HOA. Nampa-Meridian has an easement through it, but it is our common lot. So, the HOA does have maintenance responsibilities. De Weerd: Any other questions or comments? Rountree: Madam Mayor. How are folks from the adjoining neighborhood going to access the pathway? Schultz: Mayor, Councilman Rountree, right now there is two -- two stub streets as you see that end in a -- the HOA put a fence across those to keep people from going out and driving through there and making a mess and so they -- there is a little gap in the fence and they walk through there now just to get in the field, but they would just kind of keep -- come on down, we have a sidewalk right here -- it's covered by those trees, that's why you don't see it. Or they can come over this way and tie in. So, there is two different -- there is a crosswalk there and a crosswalk there as well. So, that is how the neighborhoods get through over to there and we provide for that kind of activity in our preliminary plat and our landscape plan. Rountree: Now, is there access to -- excuse me, Mayor. De Weerd: Uh-huh. Rountree: Is there access on the east side to that little bridge or is that a private property issue? Schultz: Mayor and Councilman Rountree, I think they are here tonight -- I apologize, I can't remember their name. But they have got a tremendously landscaped fence, front Meridian City Council July 21, 2015 Page 22 of 36 yard in this area here that I'm sure the reason why we put a pathway out on Pine, I'm not sure, but we don't want anything to continue through right there. I mean it's nicely done what they have got there on that side of the ditch bank. Rountree: Final question, Madam Mayor? On the -- on the east side there is -- it looks like it's part of your common lot. There is some kind of infrastructure there. Is that irrigation or -- Schultz: Yeah. Mayor and Councilman Rountree, what we have out there is an existing Nampa-Meridian pump station square right there that feeds Danbury Fair. And this layout was based on those homes being 60 feet deep and so this kind of pinched kind of there to where we -- we had to leave that lot extra wide. We shortened the house up. We could move that house more in the middle of that lot, but we just show it as a common lot. Nampa-Meridian said they did not need -- they did not need an access through there. So, again, we are trying to avoid -- and it's just not a cost thing, like I said, it's about maintaining that private rear yard for our homeowners. I think it's a selling point. I think it's a good thing. It's just a cut through sidewalk through those backyards. We were just trying to avoid that and to maintain good access for everybody, so -- De Weerd: Any other questions? Okay. Seeing none -- Mr. Borton? Borton: No. De Weerd: Okay. Well, we will catch you after the public testimony. Schultz: Thanks. De Weerd: Thank you, Matt. Okay. This is a public hearing. I did have one other person signed up. Steve Padoris. Signed up against. And I'm sorry if I mutilated your last name. Padoris: You were close. De Weerd: If you will, please, state your name and address for the record. Padoris; My name is Steven Padoris. I live at 978 North Stonehenge Way. De Weerd: Thank you. Padoris: That's about four houses off of Pine Avenue. So, that's the main routes, you know, that people access the subdivision. Myself and several of our neighbors were concerned there is a lot of traffic that goes through there every day anyways and we are concerned with the -- say 15 units at two cars per unit, that's another, you know, 60 cars per day, you know, leaving in the morning, coming back at night, so concerned with the traffic and personally I look at the density -- it seems it's overkill. You have all these two story cracker box homes built on top of one another, it's -- it's almost an eye sore compared to the existing single family homes that are -- that are existing in -- in the Meridian City Council July 21, 2015 Page 23 of 36 subdivision there. So, I -- I just wish there was a way they could access it off of Pine and that would eliminate a whole lot of trouble from Danbury Fair residents and I know that they -- at the Planning and Zoning hearing -- I wish a lot of those people were here. I'm surprised I'm the only one that signed up to say anything, but, anyways, one other thing is along the west end there was some concern about providing some kind of a landscaping buffer between those apartments, since it is two story and the lots on the west there. I don't know if that's a concern or not, but -- I just wanted to put my two cents worth in and see where it goes. Oh. And I guess one last thing is if you guys all approve this I just hope that the developer gets his buying off, you know, to Planning and Zoning, because it just seems like he circumvented in trying to get around their approval by coming to you guys directly, so -- thank you for your time. De Weerd: Thank you. We appreciate you coming. This is a public hearing -- yes, please. Thank you for joining us. If you will, please, state your name and address for the record. Weatherhead: My name is Don Weatherhead. 1049 Petersburg Way, the cul-de-sac right next -- behind there. I -- I'm asking the City Council here to look at this acres and it's probably the most congested, condensed three acres in the whole city; right? I -- I don't know of any other three acres -- or close to it that is this congested and these five buildings over here it's kind of a gray area on how many people are going to live in them and the parking -- I mean it's pretty fair to say a family today has two cars and three and where are they going to park all these car? If they have any guests at all he's saying that these six to eight parking spaces are available -- well, I'm going to guarantee you those five buildings over there are going to take them all. It's not going to be like, you know, there is empty parking, it's going to be jammed packed and if they have any kind of guests at all or -- they are going to be in the cul-de-sac, in our streets. I have suggested to the Council if this gentleman was -- you know, it's obvious he doesn't want to pay any money to cover that ditch and that's what it's all about. I mean I would like to have something that we are proud of. I -- this is terrible. This is -- if the kids are going to be -- they are going to be 15, 20 feet from that ditch. This is terrible. I don't think this gentleman should be allowed to put that much condensed buildings in three acres if -- I don't see any benefit to the city at all. Thank you. De Weerd: I just got a question for you. Right now it's zoned office, which would generate a lot more traffic than having the houses there. Are you comfortable with offices in that area rather than homes? Weatherhead: Well, Mayor, it's -- there, again, it's just a gray area in how many people are going to use it. And the cars, you know. I mean if he could guarantee us, you know, two -- two cars per building, you know, I mean that's I guess livable, but he can't do that. He can't guarantee that. It's -- you know, I -- the way we see it it's just going to be full of cars and they are going to come over to the cul-de-sacs. Cavener: Madam Mayor? Meridian City Council July 21, 2015 Page 24 of 36 De Weerd: Mr. Cavener. Cavener: Don, maybe you can provide some clarification for me. In your neighborhood do you guys currently prohibit people from parking on the street? Weatherhead: Well, you know, I understand, yeah, it's a public street, you know. I mean -- and, you know, we all have a right to park on a public street. But I have been living there for 18 years and it's a beautiful cul-de-sac. Cavener: I live on a cul-de-sac as well. There is some value in that. Sure. Weatherhead: That's the reason why we bought the cul-de-sac is because, you know, we had some degree -- I guess small amount of privacy in a cul-de-sac, but that's all going to disappear if you allow this condensed -- I just don't understand where he thinks everybody is going to park. It's just not there. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: There are two car garages on each one and, then, two more cars could park in front of the house in the driveway. Weatherhead: Right. Milam: So, even though each home may have two cars, there is parking for four, so if I was a guest at their home and there was those two parking places, I would probably park in their driveway. Unless you're having a party and, then, you're going to have a problem. Weatherhead: Yeah. Yeah. And the single family buildings, you know, if they have guests where ever, it's just going to be -- I just -- I think it's a bad -- bad thing for Meridian. De Weerd: Thank you for being here. Weatherhead: Thank you. De Weerd: Yes, please. Good evening. If you will, please, state your name and address for the record. Fern: My name is Gloria Fern and I'm at 1025 North Kildare Place. De Weerd: Thank you. Fern: My house is right here and it's going to face the entry into Avebury. So, my first concern -- my first concern is the landscaping, because my living room will look directly toward the entrance, so I would like to -- I just would like to know what the back of the Meridian City Council July 21, 2015 Page 25 of 36 houses are going to -- how they are going to be landscaped, what kind of landscaping is going to be in the entryway and I would like to see some -- like deciduous trees, so that it would be green all year, it would be low maintenance, bushes, something that would be attractive to look out of my front -- my living room looks out straight into there, because that's exactly what my -- what my scenery is going to be looking straight out there. So, that -- that's the first concern that I have and I -- so, the three lots over to the -- to the east, you know, I would like to know what the backs are going to look like on those houses. So, that would be the first thing. The second thing is the condition of the pavement on Kildare Place is very, very poor. It's -- I would like -- it needs repaired. I would like someone to maybe take a look at that before any of this would start, just so that the street would be in good repair to begin with. You know, maybe it could be resurfaced and -- and in good condition. The third thing is I would like to know where the lighting and the street signs will be placed for this subdivision here and also I am concerned about the additional traffic that is going to be coming in and out of Kildare Place. I back up out of my driveway right there and you're going to have two way traffic coming through there, that's a big concern of mine. I was actually thinking if the traffic came from Kildare Place in the street, all the way up and out through Petersburg as a one way I think that that would take care of a lot of the issue, instead of having two way traffic on both sides on Kildare and St. Petersburg. So, if it could just go in and, then, travel out, I think it would just make more sense. The next thing I would like to say is I would like to see Avebury houses connect to the pathway and it looks like he was talking about doing that, the pathway starting on the east side and, then, going over to the west side and down to the -- to the pathway. So, I really like that concept. I would like to know if there is going to be an HOA that will take care of all the landscaping and everything, so that it is always looking attractive and I do have a concern about the overflow parking as well for -- you know, for the number of trips and the number of cars that will be going in and out of there, but overall I do like the project. Maybe there are too many houses, but I think it is an attractive and nice project. Thank you. De Weerd: Thank you. Is there anyone who would like to provide testimony? Okay. Well, the developer has an opportunity to make final remarks and answer some of the questions that were raised. Schultz: Thank you, Mayor. You know, it's always difficult -- De Weerd: Matt, will you just restate your -- Schultz: Yeah. Matt Schultz for the record. De Weerd: Thank you. Schultz: It's always difficult when you come into a neighborhood that's been on a cul-de- sac for 25 years. What are you going to do? There is no way to make that a good situation for anybody that has a convenience and the privacy of a cul-de-sac -- hey, we are going to punch that through. Well, the fact of the matter is it was always designed to be punched through. It went to -- it went to that property line on both sides. Dennis Baker Meridian City Council July 21, 2015 Page 26 of 36 designed it that way and that's the way it was done and it was at a minimum going to be an office complex. Thank you, Mayor, for pointing that out, that there is probably more traffic with an office complex than with a single family residential neighborhood. I don't have those -- those numbers, but I think anymore traffic is going to, you know, not very good for these neighbors, so I apologize, but they are public roads, they were designed for way more traffic than 15 lots. Capacity isn't an issue. ACHD -- wasn't even an issue and so from a traffic standpoint we just feel like we should be able to connect to those two streets. We have done it in a way that's efficient. Looping. It's good for emergency access. It has two points of connection, looping water -- these are all positive things from a planning standpoint, although our neighbors don't like it, but it is only 15 lots. I know it sounds like a lot, but it is only 15 lots. It's a very small portion when we just approved several hundred on this one and 110 on that one and Avebury is a very small piece. It's only five to the acre. From a density standpoint how we judge -- how we judge development, it's one -- I want to point out from the existing subdivision around us, it's a good transition from a density standpoint it's not bad. As far as landscaping, we have a landscape in front of you. If it so be that we need to condition another tree over here in the corner, we have got this right here -- that's easy to do. There will be an HOA. We are -- the developer is -- we have talked about having them making all -- all yards low maintenance, or they do the maintenance all the yards, including the common areas. So, the HOA for sure will maintain even the ditch as far as we can within whatever they will let us do to make that look good. We want it to look presentable for everybody along there. And in addition these -- these 20 trees or so here would be great along there. I think that would be a good -- a good improvement. As far as parking goes we -- we meet the parking requirement. We don't -- we are going to strictly enforce the no overnight parking, no, this is not for your extra car parking, this is for guests only. If you have a party or if -- you know, something like that, but to have nine extra -- have everything full on a daily basis just won't happen for this 15. It just will not. The people that buy these homes are not going to have three cars and the big trucks, it's just -- this is not going to be where they are going to buy and we are going to do the best we can for the HOA to regulate the parking in there. Can we prevent everybody from parking over in this cul-de-sac? If we see it we are probably going to regulate that, too, and say, hey, parking is here. But it is a public road. Parking is allowed. You know, we don't want to abuse that, we don't want to, you know, burden the neighborhood, but if there happens to be one car in a big event that goes and parks within the stub street over there, I think that would be okay. You know, it's not that we are going to rely on that, that's why we put in the parking lot. It wasn't required that we put it in. We knew this issue would be a big debate. So, hope we have done enough towards that end. Good architecture. I think we are going to increase property values out here with what we are doing. It's modern. Current. Be nice finishes. We tweaked a little bit of the interior architecture to meet our access, but -- and we concur there is that one elevation that is real flat. It was the biggest one, so it comes all the way out to the front, instead of being recessed back and there is ways to clean that up, too. But, like I say, we don't like anything that even remotely looks like that, we say neither do we, but we just provided you the three options that were provided in this particular subdivision in Boise to show you the sizes of homes that could be fit on what is, admittedly, a pretty narrow lot, but it works and it works within your sub acts, it works within your zoning ordinance and it works within your regulation and so with that -- if you Meridian City Council July 21, 2015 Page 27 of 36 have any inclination of denying this, we would gladly go back to the Planning Commission if it crosses your mind, but we'd rather move forward with what we provided tonight and -- but if that's your -- we don't want a denial, we'd rather go back to Planning Commission if you think that's important. We respect the Planning Commission. I talked to one of the members afterwards and it was -- you know, it wasn't contentious, it was -- it was just one of those things. So, with that we stand for your hopeful approval. Thanks. De Weerd: It was a central piece of information for our citizen commission and also for the neighbors to know what your plans were. That's why it's essential. Schultz: We explained it. We sent up these pictures right here. We had the other pictures -- it was so hard at the time to get in there because of the alley in this particular situation -- our product is 20 feet from the back, you couldn't get a picture -- we didn't have this picture. That's what we didn't have. De Weerd: So, Matt, where is the lighting going to be? Schultz: Thank you, Mayor. I forgot. I was going to answer that question. On each corner as you come in that would probably be where the lighting is, considering there is a street light required every 250 feet or so in the City of Meridian is generally where we put them and it's about 250 to 300 feet, depending on where the other ones are in the subdivision. So, they require spacing every 250 feet to provide proper lighting. And they are down lights. They are the shoebox types. They don't go out, they go down. They are very subtle. In my opinion they are not offensive lighting that we have in the City of Meridian. De Weerd: And how is the lighting behind? I -- the lighting is a concern because of the -- the isolated location this is. Schultz: Mayor, I don't know where the existing lighting is in that cul-de-sac, but if there is one right at the beginning of the cul-de-sac we won't put one right next to it, we would space it, you know, over down on ours and face towards us and not towards those neighbors. There might be two lights at most. There is probably only one light that goes in this whole thing, just because of your spacing requirement of what's needed. Unless the city wants more and we would provide more, but -- De Weerd: And would you put any yard posts light type of amenity there? Schultz: Typically a lot of the homes require a -- you know, the porch or the front on the garage, a light there, is where it would be is on the actual house itself will be a light and an address right there on the house that fronts Avebury. De Weerd: Only if they turn it on. Schultz: Only if they turn it on, yes. Or it could be, you know, automatic, too. Yeah. Meridian City Council July 21, 2015 Page 28 of 36 De Weerd: Council -- oh, so what are the size of the homes? Schultz: The homes that we have shown you that sit on this same size lot range from 1,300 to 1,700 square feet. We -- in our narrative we said, hey, we want the flexibility, maybe we will do some 1,200s, maybe we will do some seven, 1,600s, in that range, but surrounding us out there is a thousand, 1,300. If you look at the 30 home surrounding us they are about a thousand, 1,300 square feet is what's out there. Ours are just two story and they are one story. Everything around us is -- 99 percent is one story and we are two story in hitting that square footage. De Weerd: Okay. Council, questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I'd like to go back to the front elevation slides. Well, the actual photographs I think of -- conceptual -- conceptual photos I think is what -- there we go. So, this is the front -- this is similar to what would face Pine? Schultz: Yes. Mayor -- Milam: Except that it won't have sidewalks -- Schultz: If I could draw a line on here, Mayor, Council Woman Milam. This will be about where we have a six foot wrought iron fence. This will be our five foot, you know, trees along here and, then, we -- and, then, from there we go out and go into the -- the ditch access, the ditch, the right of way, and so we will have actually a fence along here -- this is kind of cool. I have never drawn this much on these. But -- it's a nice tool. But -- yeah. So, generally have a fence and a screen and this will be -- we would not have this -- this here. We still want a back porch. You know, we -- we maintain the articulated nice appearance of that façade, but this would not be the primary entrance. This would be a rear -- a rear patio, if you will. Milam: And there are no fences in between either? Schultz: The fencing that we -- Milam: Just the wrought iron? Schultz: There would be fencing to the corners. So, every lot would have private -- private open space -- or private yard connecting -- and Bill touched on it briefly. With these -- with these narrow lots it's good to be able to utilize the side yard. Typical lots have a five foot side yard with a fence right down the middle. You can't really use it. It's rocks, you know, there is an AC unit. In this case we are not going to have them going down between the lots, we are going to have an exclusive use easement for the one Meridian City Council July 21, 2015 Page 29 of 36 house and all these homes are designed to utilize the five feet of the next guy and the five feet of the next guy as their own space and if you look at the side elevations, the windows are oriented to provide a measure of privacy with that -- that concept and so the fence will come off the back of the house on the one and that will be the user -- used by the other one and so on all down the line and so this is specific layout and the architecture has been adapted to fit in a way that we usually don't get so detailed and so microscopic. So - - and it works and it works well. You can actually use that side yard. That's why we want the five and five, that's why we want the ten, we don't want the six foot, three and three, so it can be usable without a fencing going down the middle, so -- Milam: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree with changing this out of being an L-O. I don't see that as being appropriate for this location. Residential makes much more sense to me. This certainly is a challenging piece of property to the say the least and I have been pleased in the past that you have come up with creative solutions. This one isn't working for me, unfortunately. I guess explain to me some of the economics of why you would choose this, as opposed to say what looks like could be six or seven of the same kind of thing that's already in the neighborhood. If you divided this into seven lots and put the same kind of house that's already there, why do you make the decision not to do that and to go with something like this? Schultz: Good question, Mayor, Councilman Zaremba. If we lay this out as an R-8, which would be consistent with adjacent R-8, I believe ten, maybe 11 lots fit in there. Fifty foot wide. There was talk of -- even staff brought it up -- the road in front of you functions like an alley and that's important, because if it is an alley you can go down to a 40 foot wide lot in your in an R-8 and in which case you might pick up one lot and might go to 12, you know, just because of the geometry of where that parking lot sits and just how it works out, the efficiencies of the layout. So, what we are talking about is a difference between, you know, ten to 12 -- if you look at that as an alley, which ACHD said we don't -- we don't want an alley, we want a road and we will give you a sidewalk one side, the fire department gets their 24 feet wide, plus a five foot sidewalk, we can do that. Okay. That's how we got kind of turned around with the alley thing I think, because that's how we approached it, because the product in Boise does go off an alley. In this case it comes off this road. So, when I presented that the developer said with what we are paying for the land to Dennis Baker and everything else, we would really like to see if we could do this product and we think it fills a market nitch and those extra 20 percent of the lots really make this thing work better than the 12. I'm not going to sugar coat it. You know, it works better for the lot price they can get for the -- even though it's a smaller lot they get almost the same amount as they can for that bigger lot. You know, just the way it works, I guess. So, we presented this and if you recommend that we stick with an R-8, we will stick with an R-8. I mean it's -- it’s a small increase, there would be more lots, yeah, you might -- I Meridian City Council July 21, 2015 Page 30 of 36 just don't see it being a big deal towards traffic or some other things, those extra few lots. It is a big deal to the developer. I will leave it at that. I'm the planner on this one. They have asked me to present this forward and we thought we did. We have applied some architecture that can work and work well and we are shooting for a home price of 200,000, you know, on it. So, I mean it's a pretty high goal, but I think they might be able to get it. Which is good. I mean it's a good price. And so what they built 25 years ago, Councilman Zaremba, it was a -- you can see it on the aerial, it's almost the same house, almost, turned sideways. Not quite. You know. And it's single story. It's short and wide where ours is narrow and deep. So, it's almost that same product turned sideways with a garage -- and so from a square footage standpoint ours is actually bigger than what they have done, it's just they have got bigger yards, obviously. That's the difference is the bigger yard. But that's how they did it 20 -- 25 years ago, so -- I don't know if I answered your question or not, but that's what I have. Zaremba: It helps. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Matt, it's pretty evident that you guys put in a lot of thought into this project. It's different especially for that area and maybe you touched on this or maybe Bill mentioned this and I blocked it out, but can you explain to me what's preventing you guys from doing that sidewalk along the -- I guess what is the -- the Pine facing -- De Weerd: Rear. Cavener: -- rear -- front-rear. Schultz: Rear. Thanks, Mayor. Mayor and Councilman Cavener, space. Really, this thing just works with the 25 foot requirement, the five foot required landscape, the setbacks to this product that is generally about 59, 60 feet deep. It just -- and it gets better as you go from -- it's really tight down here and it loosens up as you get west and we get an extra ten feet as we go that way. So, it's the space of putting that sidewalk in there and Bill did touch on it briefly, that if we did put it in there we would have to go across the lots themselves instead of in the common lot or make that common lot deeper and we felt with the access to the homes here that provided the sidewalk access to those homes redundant and wasn't necessary to have that out on Pine, especially being so far set back from Pine. It's -- it's a long ways, you know, setback. It's further than you think. So, it was space and we wanted to maintain privacy to each individual back yard and a sidewalk would cut through them and people would be walking back and forth. Wanted some private space for these, so it's more of a marketing thing. We wanted to sell this as, hey, this is your lot, you have private space. It's not that big, but it's private. Cavener: Thank you. Meridian City Council July 21, 2015 Page 31 of 36 De Weerd: Any other questions? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Matt, do you know where the kids living in these homes would attend school? Schultz: Mayor, Council Woman Milam, I do not know. We have not researched that. That's a good question, though. I should have. Bird: Meridian Elementary. Milam: Is it Meridian Elementary? Rountree: Lewis & Clark. Milam: Or Lewis and -- yeah. Lewis & Clark. Schultz: There is a bus stop out on Pine east of here. In the last hearing we heard about the bus stop over there. Where the main entrance to Danbury onto Pine is east of here. Milam: Madam Mayor, follow up? So, one of the things that we are very concerned with is making sure that they have a safe access to get to that bus stop for school. If they are not walking to school, then, they would have safe access to where they get to go to school. Schultz: The same access all these homes in here have we will have out the same way. De Weerd: It actually gives kids better access out to Pine. Well, I guess you can go through an empty lot. Schultz: That's what they do now. Maybe. I don't know. You have trails -- a little goat trail through there. De Weerd: Anything further from Council? With your rear-front elevations you have carried on a theme that's across the street, a little bit further down, with the alley loaded product and that's -- I have gotten a lot of comments from people that that has added a -- a nice dimension to the downtown and so was that purposeful in bringing that same look down onto this site? Schultz: Mayor, I have driven down Pine a lot over the last 15 years and I have noticed -- I'm not sure when those were built, so I don't know if it's the same thing -- I thought, oh, that's kind of nice. You know, it's a nice -- they are set pretty far back. The big yard. But they actually have access to the road in front of them there. So, yeah. The owner actually approached me and said, hey, what if we do duplexes, what if we do four-plebes Meridian City Council July 21, 2015 Page 32 of 36 on this and I'm like let's try single family residential first and so we followed -- and that's why I steered him towards -- why don't we look at the southeast Boise product by Barber Park and they have got pathway access down to the river and all that. But let's try that and I got them kind of convinced that, you know, let's go with the single family detached and it works on a narrower lot, which would help us with some density and to provide them nice esthetic to the road you're facing. We don't think providing a sidewalk adds to that esthetic. I think you're going to get the esthetic there whether there is a concrete piece that cuts through backyards or not, you're still going to get that two -- second story esthetics, you're going to get a row of trees. The sidewalk to us is just a -- it just doesn't add anything, in our opinion. Except for take away a private backyard, so that's our opinion, respectfully. De Weerd: Okay. Okay. Anything further from Council? Okay. Thank you, Matt. Schultz: Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Just a comment. I don't have issue with the zoning, but at this point, with the information I have seen, there is too many, well, if we cans or maybes or we can'ts or whatever on the preliminary plat. I'm kind of in the same boat as Mr. Zaremba was and it just doesn’t set well. So, that's kind of where I'm going. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As to some of the specific issues in questions that came from the Commission, the provision of pathway access only on the southern portion and not the northern portion of Avebury Way, I don't have a problem with that. It seems like that's one of the accommodations that developing on this challenging lot could be appropriate and I give the developer and Matt a lot of credit trying to make something work on this challenging lot. So, that component I don't have a problem with, along with the parks and planning I don't see any need or desire for the city to maintain any portion of the pathway on that western portion. That seems to have been conveyed pretty clearly. But to Councilman Rountree's comments earlier in the application about it truly is a great opportunity with this project to answer some of those maybes and maybe we could with regards to the Five Mile Creek, the use of the access road, the ability to green it up and make it truly a more visual amenity than an eye sore that it might otherwise be will be really helpful and it can give at least for me a lot more comfort in seeing how this could be a successful project. I think it would at least need to be remanded to P&Z for them to address that and also have them receive the information they didn't receive before to consider if that's possible. Meridian City Council July 21, 2015 Page 33 of 36 De Weerd: Well, I would agree that that area needs to be cleaned up. It's not only an eyesore, I think it's a real fire danger to that subdivision period in the condition and you have already seen the neighbor to the east of that property does maintain their -- their lot very nicely and has really set a standard. I just wanted to make a comment to the neighbors. You cannot tile that ditch. That is -- that's a waterway and the irrigation district would never allow that. It -- I don't even think it's an irrigation facility, it's a drain and a floodway. So, it can't be tiled. So, the developer has -- has done a lot with what has been presented to him. Matt, did you have a comment? Schultz: Thanks, Mayor and Councilman Borton. Yeah, for sure, we will go back to Nampa-Meridian and twist his arm one more time. We got three feet out of him. Let's see what else we can get out of him on keeping that thing potentially -- maybe we can put sprinklers out and spray out there and maybe keep that green. That's something that this developer would like to do as well. Make it look nice for everybody. De Weerd: And it would minimize the hazards that it would present the homes. Schultz: So, whether it's remanded back to Planning Commission, which we are totally okay with or it's continued until we get some answers from Nampa-Meridian, however you would like to structure that we can do that as well and, you know, promise to go meet with Greg Curtis. He's a reasonable guy, but he kind of draws a line sometimes, but I think if I twist his arm maybe we will get a little bit out of him. I will be able to green that up and do something with it. So, thank you. That's all. Parsons; Madam Mayor? Zaremba: Madam Mayor. De Weerd: Take responsibility for cleaning the ditch, too. That might give you some points. Mr. Zaremba. Zaremba: If you're going to be contacting Nampa-Meridian Irrigation District again the city has been successful in making arrangements with them to co-locate their ditch riders paths and some of our pathways. I'm wondering why you're having to build a separate sidewalk six feet from their ditch rider access and if you might not be able to work out putting a pathway on their access. Schultz: Yeah. Mayor de Weerd, Councilman Zaremba, you would think that that might work. However, Nampa-Meridian, with all of your facilities where you have a pathway on one side -- in this case we have a pathway out here, they want the other side just open, don't get in our way, our big equipment is going to come here, big track hoe, on a low boy, you know, we got to get in there and we just -- we just don't want anything in our way that could be damaged that we would be responsible for. We want to get in there and do what we got to do and not be responsible for any -- any sidewalks we might damage or things like that and Greg claims this is their biggest facility they maintain, you know, the Five Mile Creek, so it's very, very important to them to provide the 25 feet, which I think is overkill, Meridian City Council July 21, 2015 Page 34 of 36 you know, of access, but that -- I got them from 28 to 25, that's the best I could do and that's the reason. The reason is goes right to the 25. We wanted more and I pushed him back to his easement, but -- but I don't like to get sideways with them, because they can shut you down, but -- so can you guys, but we want to appease everybody as best we can. But, no, he said you have got yours, we want ours on the other side and that's why -- how they do it that way. De Weerd: Well, I think the pathway on Pine is a temporary solution and they are going to be improving that in the next two years, so he may want to -- to get the plans from ACHD, the city, for what is envisioned in the area. But I would add, Matt, that depending on what Council does with this, I think that there needs to be some kind of local pole lighting in both the far west and the far east to light up those areas. Schultz: Here, here and down here as well? De Weerd: Uh-huh. Schultz: On the very end down there? De Weerd: And not shining it into the neighbor's backyard, but some kind of a front -- or a front yard post light type of thing that will cast some -- some light in that dark area. Schultz: We could put just a standard city light back in this corner back here, too, shining into our site, not behind us, you know, on the end of the driveway. That would be appropriate I believe. De Weerd: Yeah. Maybe. You'd just have to show whoever is going to next look at this, whether it's City Council or Planning and Zoning, so the neighbors can see what the plan is for that, too. And if there is a way to denote an obvious pathway from -- what is that, Petersburg? What is it, Petersburg Way? Because I agree with Mrs. Milam when she mentioned that it would be a way that -- to get kids to Pine in a safe manner, but they need to know where they can walk and it would -- I think probably a good idea to show them -- guide them where they are supposed to walk, instead of finding their own way and so you might want to show that as well, if you can come back to some body. Schultz: We will be back to some body. Hopefully. De Weerd: Any further questions for Matt? Okay. So, what's your pleasure? Oh. And better landscaping, knowing how it looks as you come into your area, too. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Matt, you know, brought up a point of just continuing this with Council, which I'm comfortable with. More to the point was just to keep this active. I think there is enough Meridian City Council July 21, 2015 Page 35 of 36 potential here to continue to work and in light of Matt's comments there is a desire on the developer's end to do so as well. So, if it's continued with Council I don't -- I'm comfortable with that, too. De Weerd: Okay. Do you want to continue it to April -- or April -- I'm in the wrong month. August 8th. The 4th we do not have a meeting and the 11th is a workshop. Bird: Does that give them time? Borton: Madam Mayor, if that's -- if that gives them enough time -- you know, I think those discussions and the deliverables of specifics with the irrigation district are really important, so if August 18th is good -- no good. Bird: How about the 25th? Zaremba: Madam Mayor, I didn't hear that. De Weerd: He cannot do the 18th, so they are looking at another date. The 25th? Borton: There is a 25th? I thought you said there is not -- Rountree: No. There is not a 4th. De Weerd: Yeah, there is a 25th. There was no 4th. Rountree: No 4th. Borton: Oh. Okay. August 25th. Bird: Were you making a motion to continue the public hearing? Borton: Yes, sir. De Weerd: You just made a motion? Borton: Madam Mayor? De Weerd: Okay. Borton: I'm going to. De Weerd: Mr. Borton. Borton: I would move that we continue the public hearings on Items 10-C and 10-D to August 25th. Meridian City Council July 21, 2015 Page 36 of 36 Milam: Second. De Weerd: I have a motion and a second to continue this public hearing to August 25th. I think Council has listed items that they would like to see come back and so I don't need that as part of the motion. But all those in favor of continuing this item to August 25th, please, indicate by saying aye. Any opposed? Okay. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: Okay. And so to the neighbors that came, this -- this is continued to August 25th to talk about the pathway system, the lighting, landscaping and the back entry. Okay. So, we will see you back at that time. Thank you for being here. Item 11: Future Meeting Topics De Weerd: Item 11 is -- do you have items to be considered for future agendas? Okay. Seeing none, I would entertain a motion to adjourn. Rountree: So moved. Milam: So moved. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 7:57 P.M. (AUD REE&OR-9N FILE OF THESE PROCEEDINGS) MAYOR TtI MY de -WEED DATE APPROVED ATT ST: . �� Z- e nuuusr «_..� r CITY CLERK IDRNO 9` Sfj(]l. �w fyrfB °r tle 10.Ep5U �e Changes to Agenda: None Item #10A, B: Southridge Estates (RZ-14-007; PP -14-017) Application(s): • Rezone • Preliminary Plat Size of property, existing zoning, and location: This site consists of 48.56 acres of land currently zoned R-4, R-8, R-15, and TN -R and is located south of W. Overland Road on the west side of S. Linder Road, History: This property was annexed with a development agreement in 2006 as part of the Southridge development; a preliminary plat was also approved at that time which included the subject property but the plat has since expired. The DA has been modified a couple of times since the original approval and the portion of the site at the NWC of this site was previously conceptually approved to develop as an apartment complex and is governed by a separate agreement. A property boundary adjustment application was tentatively approved in 2014 to create the properties for the subject plat and is in the final approval process. Summary of Request: The applicant requests a rezone of 3.05 acres of land from R-15 to TN -R; 1.67 acres from R-4 to R-8; and, 0.83 of an acre from R-8 to R-4, which staff deems generally consistent with the MDR & MHDR FLUM designations for this site. The proposed rezone to R-4 & R-8 will clean up the existing zoning boundaries in accord with the proposed preliminary plat & the proposed rezone to TN -R will increase the area of the existing TN -R zoned area. Development of the northwest portion of the site proposed to be zoned TN -R is governed under the Southridge Apartments DA; prior to Council approval of the Findings for the subject rezone & plat, the DA is required to be modified to include a conceptual development plan for that area consistent with the proposed plat. A preliminary plat is also proposed consisting of 168 SFR building lots (which is one more lot than originally proposed) & 32 common lots on 48.56 acres of land. The overall gross density of the subdivision is 3.43 d.u./acre with a range of densities between 2.22, 3.74, & 5.91 d.u./acre between the R-4, R-8 & TN -R zoned areas respectively. Access is proposed via existing streets to W. Overland & S. Linder Roads; stub streets constructed with Phase 1 are proposed to be extended with this development. Stub streets to adjacent undeveloped parcels to the north & west are also proposed for future extension in accord with the approved conceptual development plan for this site. Common driveways are proposed for access to the lots along the southern boundary of the site. An exhibit map was submitted for lots accessed via the common driveways as required and has been reviewed & approved by the Fire Dept. for emergency access. Landscaping is proposed along Linder Road, an arterial street & S. Spanish Sun Way, a collector street, in accord with UDC standards. A segment of the City's multi -use pathway is proposed along the frontage of Block 3 & along the west side of Linder consistent with the Pathways Master Plan. Detached sidewalks with parkways are proposed throughout the development. Staff recommends the landscaping & pathway along Linder is installed with the 1st phase of development. 5.31 acres (or 11+/-%) of qualified open space is proposed in accord with UDC standards. A minimum of 2 site amenities are required; the applicant proposes the multi -use pathway through the site and along Linder Road; and a picnic area as amenities. The applicant is requesting a waiver from Council to allow the Ridenbaugh Canal to remain open and not be piped. Because this is a large facility, Staff is supportive of the request provided fencing is constructed to preserve public safety. The applicant has submitted pictures of homes that represent the type of construction planned for this development which includes 1 & 2 story homes with a mix of 3 types of building materials, contrasting colors, varying rooffines and 5 different architectural styles in accord with the DA which requires Council approval of architectural guidelines. A variety in structures within a black is also required. Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Jason Densmer ii. In opposition: None iii. Commenting: Steve Prizbos iv. Written testimony: Jason Densmer Key Issue(s) of Discussion by Commission: None Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: i. The existing development agreement for Southridge Apartments is required to be modified to update the previously approved conceptual development plan consistent with the proposed development plan; and final approval of the property boundary adjustment application is required to be obtained prior to Council approval of the Findings for the subiect applications. The Council can act on these applications tonight but the findings will be delayed until these items are completed. The applicant should submit the DA modification and finalize the PBA within the next 30 days. Written Testimony since Commission Hearing: None Notes: Item #10C & D: Avebury Subdivision (RZ-15-008; PP -15.007) Application(s): Rezone and Preliminary Plat Size of property, existing zoning, and location: This site consists of 3 acres of land currently zoned L-0 is located at 800 E. Pine Avenue. History: In 1991, the subject property was annexed (Ordinance #559) as part of A Danbury Faire Subdivision with the L-0 zoning district. Summary of Request: The applicant proposes to rezone 3 acres of land from the L-0 zoning district to the R-15 zoning district to develop fifteen (15) single-family homes. Lot sizes range between 2,883 and 5,398 square feet. The proposed gross density of the subdivision is 5 dwelling units per acre which is consistent with the density requirements of the comprehensive plan. Access to this development is proposed from the extension of E. Avebury Way, via W. N. Petersburg Way and N. Killdare Place. The internal streets are proposed as a reduced street section (29 feet of right-of-way; 24 feet between curbs); which prohibits on -street parking. To mitigate any concerns with the lack of on -street parking, the applicant is proposing to construct a guest parking area consisting of nine (9) parking stalls. Five (5) Lots will take access from a common driveway (Lot 6, Block 1). UDC 11 -3A -17D requires 5 -foot attached sidewalk adjacent to local streets within the City. The applicant is not proposing to construct the 5= -foot wide sidewalk on the north side of E. Avebury Way. The applicant requests the Council allow the street section to be constructed without the sidewalk as proposed. AND would allow it if approved by the City. A 25 -foot wide landscape buffer is required adjacent to E. Pine Avenue. Due to the large irrigation easement (90') the applicant has coordinated with the Irrigation District and obtained permission to landscape a portion of the easement in front of the homes. The applicant is also proposing to construct a 5 -foot wide pathway connection to the existing 10 -foot multi -use pathway constructed adjacent to the Danbury Faire Subdivision to the west as a site amenity. Because the applicant is proposing to construct this amenity on property they do not own, they must obtain permission from the Danbury Faire HOA and the Irrigation District prior to commencing with construction of the walkway. The applicant requests that the City maintain the pathway; Staff is not supportive of the City maintaining a private amenity. Revised Plans: The applicant has provided new exhibits demonstrating how the sidewalk will be used to provide entry along the side of the homes. The Commission and Staff believes the applicant should construct the walkways along the south boundary of the lots and extend walkways from the front entrances that tie into the adjacent sidewalk. Building Elevations: The proposed homes depict a mix of building materials (lap siding, cedar shingle, and board and batten siding) and stone accents. The applicant has provided new elevations and photos of the rear elevations of the homes that were not presented during the Commission hearing. Staff is supportive of all but one (1) elevation because it does not provide vertical relief on the front and rear elevations. Commission Recommendation: Denial at the June 41h hearing Summary of Commission Public Hearing: i. In favor: Matt Schultz ii. In opposition: Five (5) people signed up in opposition iii. Commenting: Fifteen (15) people testified in opposition of the application iv. Written testimony: Matt Schultz Key Issue(s) of Discussion by Commission: I. Parking in and around the proposed development. ii. Design of the proposed homes iii. Pathway connection to the City's 10 -foot multi -use pathway across Danbury Faire's common lot. iv. Construction traffic entering off of Pine Ave. v. Constructing sidewalks in front of the homes. Key Commission Change(s) to Staff Recommendation: i. The Commission recommended denial of the project because the applicant failed to provide revised plans for the Commission to determine if the design of the proposed development is appropriate for the property. Outstanding Issue(s) for City Council: Allowing sidewalk on one side of E. Avebury Way (south side). ACHD will allow it if approved by City Council ii. The applicant has requested that the City assume the maintenance responsibility for the pathway connection across the Danbury Faire's Subdivision common lot. The proposed pathway is not part of the City's Master Pathway Plan and is a private amenity for the development. Staff (Planning and Parks) believes the HOA should maintain the pathway. iii. Entry into the home from the side or the front of the home. The Commission recommended denial of this project because the applicant did not provide details on how this would work. The applicant has provided a revised Exhibit for Council's consideration. The Commission and Staff believes the applicant should construct a walkway along the south boundary of Lots 8- 17, Block 1 and extend walkways from the front entrances of all of the homes to the adjacent sidewalk. Written Testimony since Commission Hearing: Matt Schultz Notes: Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Proclamation for Meridian Youth Baseball Meridian Lemonheads Day 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: July 21, 2015 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Proclamation for Americans with Disabilities Act Proclamation for Americans with Disabilities Act Awareness Day MEETING NOTES Community Item/Presentations Presenter Contact InfoJNotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: FP15-022 PROJECT NUMBER: 7A ITEM TITLE: Caven Ridae Subdivision Final Order for Approval: FP 15-022 Caven Ridge Subdivision No. 1 by New Cavanaugh, LLC Located East Side of S. Meridian Road and South of the Ridenbaugh Canal Request: Final Plat Approval Consisting of Thirty -Seven (37) Building Lots and Nine (9) Common Area Lots on 14.06 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS interest in real property which may be adversely affected by this decision may, within twenty- eight (28) days after the date of this decision and order, seek ajudicial review pursuant to Idaho Code§ 67-52. 17 By action of the City Council at its regular meeting held on the day of 2015. r By: Tammy de Wed - Mayor, City of Meridian Attest: —------- ., gonna City Clerk ^� SEAL FV 11 Copy Copy served upon the Applicant --Planning Division, Public Works Department, and City Attorney. � . - . bill ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR CAVEN RIDGE ESTATES SUBDIVISION (FP -15-022) Page 3 of 3 Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: AZ 15-006 PROJECT NUMBER: 7B ITEM TITLE: Dunwoody Lot Findings of Fact, Conclusions of Law: AZ 15-006 Dunwoody Lot 5 by Michael and Linda Williams Located 1/4 Mile South of E.,Chinden Boulevard on the East Side of N. Locust Grove Road Request: Annexation and Zoning of 1.57 Acres of Land with an R-2 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 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-15-006 - 1 - CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for Annexation and Zoning of 1.57 Acres of Land with an R-2 Zoning District, for the Property Located a ¼ Mile South of E. Chinden Boulevard on the East Side of N. Locust Grove Road, by Michael and Linda Williams. Case No(s). AZ-15-006 For the City Council Hearing Date of: July 7, 2015 (Findings on July 21, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of July 7, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of July 7, 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 (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Department, the Public Works Department and any affected party requesting notice. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ-15-006 - 2 - 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of May 19, 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 conditionally approved per the conditions of approval in the attached Staff Report for the hearing date of July 7, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits 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 11-5B-3D). 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 11-5B-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of July 7, 2015 By action of the City Council at its regular meeting held on the o' day of 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT I{EITH BIRD VOTED COUNCIL MEMBER DAVID ZAREMBA VOTED P14 pQ � COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTEDLA MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Tammy de erd Onp(CD A0CL Z S Attest: I $�o4e t�J. City4 City Clerk SEAL. _ pV Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. By: C Dated: S7 City C erk's Ice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -I5-006 -3- Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 1 STAFF REPORT Hearing Date: July 7, 2015 TO: Mayor & City Council FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: AZ-15-006 – Dunwoody Lot 5 I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST The applicants, Michael and Linda Williams, have submitted an application for annexation and zoning (AZ) of 1.57 acres of land with an R-2 zoning district for the construction of one single-family residential home. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ application 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 this item on June 4, 2015. At the public hearing, the Commission moved to recommend approval of the subject AZ request. a. Summary of Commission Public Hearing: i. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Williams v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. None c. Key Commission Change(s) to Staff Recommendation: i. None d. Outstanding Issue(s) for City Council: i. None The Meridian City Council heard this item on July 7, 2015. At the public hearing, the Council moved to approve the AZ request. a. Summary of City Council Public Hearing: i. In favor: Mike Williams ii. In opposition: None iii. Commenting: None iv. Written testimony: None v. Staff presenting application: Sonya Watters vi. Other staff commenting on application: None b. Key Issues of Discussion by Council: i. None c. Key Council Changes to Staff/Commission Recommendation i. None Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 2 III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number AZ-15- 006, as presented in the staff report for the hearing date of July 7, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number AZ-15-006, as presented during the hearing on July 7, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number AZ-15-006 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 ¼ mile south of E. Chinden Blvd. on the east side of N. Locust Grove Road, in the NW ¼ of Section 29, Township 4 North, Range 1 East. (Parcel No.: R1966960500) B. Owners: Michael & Linda Williams 3819 Collister Drive Boise, ID 83703 C. Applicant: Same as owner D. Representative: Jeremy Telford 2048 W. Astonte Street Meridian, ID 83646 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. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: May 18 and June 1, 2015 (Commission); June 15 and 29, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: May 14, 2015 (Commission); June 11, 2015 (City Council) D. Applicant posted notice on site(s) on: May 26, 2015 (Commission); June 24, 2015 (City Council) VI. LAND USE A. Existing Land Use(s) and Zoning: The annexation area consists of vacant land, zoned RUT in Ada County. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 3 B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: The Ambrose School, zoned C-C 2. East: Rural residential property in Dunwoody Subdivision, zoned RUT in Ada County 3. South: Residential property in Dunwoody Subdivision, zoned R-2 4. West: N. Locust Grove Road and single-family residential properties in Reserve Subdivision, zoned R-4 C. History of Previous Actions: The subject property was included as Lot 5, Block 1in the Dunwoody Subdivision plat, recorded in 1990. The lot was deed restricted to only be used for open space for a period not less than 15 years from the recording date of the plat. D. Utilities: 1. Location of sewer: A sanitary sewer service line intended to provide service to the subject parcel currently exists near the southwest corner of the parcel. 2. Location of water: A water service line intended to provide service to the subject parcel currently exists near the southwest corner of the parcel. 3. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: There is an irrigation ditch that runs along the north boundary of this property. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: This property does not lie within the flood plain. VII. COMPREHENSIVE PLAN POLICIES AND GOALS Land Use: The subject property is designated Low Density Residential (LDR) on the Future Land Use Map (FLUM) contained in the Comprehensive Plan. The LDR designation allows for the development of single-family homes on large lots where urban services are provided. Uses may include single-family homes at gross densities of 3 dwelling units or less per acre. Staff finds the density proposed by the applicant with the preliminary plat is consistent with the density desired in LDR designated areas. The City Council should consider the applicant’s request for a step down in density for this property. The applicant proposes to annex the subject property with an R-2 zoning district and develop one single-family home on the property consistent with the density designation in the LDR FLUM designation. Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics): “Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc.” (3.05.02C) A 25-foot wide street buffer with landscaping is required along N. Locust Grove Road, an arterial street, in accord with the standards listed in UDC 11-3B-7C. Separate permits shall be obtained for any new fencing. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 4 “Protect existing residential properties from incompatible land use development on adjacent parcels.” (3.06.01F) The proposed single-family residential home should be compatible with the adjacent low density residential properties to the east and south. “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) City services are available and will be extended by the applicant upon development of the site in accord with UDC 11-3A-21. Analysis: Annexation of this property with an R-2 zoning district for the construction of one single- family home is consistent with the FLUM designation of LDR and should be compatible with adjacent residential and school uses. Therefore, Staff feels the proposed development is appropriate under the LDR designation. 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 low- density residential (R-2) district allows a maximum gross density of 2 dwelling units per acre. B. Schedule of Use: Unified Development Code (UDC) Table 11-2A-4 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the R-2 zoning district. Any use not explicitly listed, or listed as a prohibited use is prohibited. The proposed use of the site for a single-family detached dwelling is a principal permitted use in the R-2 zoning district. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Tables 11-2A-4 for the R-2 zoning district. D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed in UDC Table 11-2A-4 for the R-2 zoning district. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: 1. Annexation & Zoning The applicant has applied for annexation and zoning of 1.57 acres of land with an R-2 zoning district. As discussed above in Section VII, staff feels the proposed zoning is consistent with the corresponding FLUM designation of LDR and the policies in the Comprehensive Plan as noted. A conceptual site/landscape plan was submitted with this application that is included in Exhibit A.2. The applicant proposes to develop one new single-family residential detached home on the property. Because this site takes access directly from N. Locust Grove Road, an arterial street, staff recommends future development of this site is restricted to a maximum of two dwelling units. Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 5 This property was previously deed restricted through the Dunwoody Subdivision plat to only be used for open space uses for a period not less than 15 years from the recording date of the plat. Because that time period has expired, the lot is now eligible to be built upon. The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and rezoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed with this application, staff recommends a DA as a provision of annexation with the provisions included in Exhibit B and as detailed below. Dimensional Standards: All development on the site is required to comply with the dimensional standards listed in UDC Table 11-2A-4. Access: The site plan depicts one access via N. Locust Grove Road; the driveway should align as closely as possible with E. Commander Street on the west side of Locust Grove. Access is restricted to one driveway in accord with UDC 11-3A-3. Utilities: All development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. Adequate fire protection shall be required in accord with the appropriate fire district standards. Street lighting is required to be installed with development of this property in accord with the City’s adopted standards, specifications and ordinances. One Type 1 street light is required along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). Pressurized Irrigation (PI): An underground PI system is required to be provided for this development in accord with UDC 11-3A-15. Landscaping: A minimum 25-foot wide street buffer is required along N. Locust Grove Road landscaped in accord with the standards listed in UDC 11-3B-7C. The site/landscape plan depicts 5 trees within a 25 buffer in accord with UDC standards; vegetative groundcover should also be provided. Fencing: The site/landscape plan does not depict any proposed fencing. If fencing is constructed on the site, it should comply with the standards listed in UDC 11-3A-7. Sidewalks: Sidewalks are required along all public streets as set forth in UDC 11-3A-17. A minimum 5-foot wide detached sidewalk is required to be constructed on this site within the street buffer along N. Locust Grove Road. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb. The applicant should coordinate the location of the sidewalk with ACHD. Waterways: There is an irrigation ditch that runs along the north boundary of this site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space. In summary, Staff recommends approval of the proposed annexation and preliminary plat 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 Exhibit A Dunwoody Lot 5 AZ-15-006 PAGE 6 1. Vicinity Map 2. Site/Landscape Plan 3. Water & Sewer Service Plan (dated: 5/15/15) B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation Boundary D. Required Findings from Unified Development Code Exhibit A - 2 - A. Drawings 1. Vicinity Map Exhibit A - 3 - 2. Site/Landscape Plan Exhibit A - 4 - 3. Water & Sewer Service Plan (dated: 5/15/15) Exhibit A - 5 - B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1 Site Specific Conditions of Approval 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. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: a. One (1) access via N. Locust Grove Road, an arterial street, is allowed for this property as depicted on Exhibit A.2 in general alignment with E. Commander Street on the west side of N. Locust Grove Road. b. Future development of this property is restricted to a maximum of two (2) dwelling units. c. A minimum 25-foot wide street buffer shall be provided along N. Locust Grove Road as set forth in UDC Table 11-2A-4 and shall be landscaped in accord with the standards listed in UDC 11-3B-7C. d. This development is required to connect to the City water and sewer system unless otherwise approved by the City Engineer in accord with UDC 11-3A-21. e. All development shall comply with the dimensional standards for the R-2 zoning district listed in UDC Table 11-2A-4. f. A minimum 5-foot wide detached sidewalk is required to be constructed along N. Locust Grove Road within the street buffer in accord with UDC 11-3A-17. Detached sidewalks are required to have an average minimum separation of greater than 4 feet to back of curb, per UDC 11-3B-7C.1a(2). Coordinate the location of the sidewalk with ACHD. g. An underground pressurized irrigation system is required to be provided for this development in accord with UDC 11-3A-15. h. The irrigation ditch that runs along the north boundary of this site is required to be piped unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space in accord with UDC 11-3A-6. i. One (1) Type 1 street light is required to be installed along N. Locust Grove Road; coordinate the details with Austin Petersen, Public Works Department (208-489-0352). j. Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. k. Prior to granting occupancy of a dwelling, the provisions listed above shall be satisfied. 2. PUBLIC WORKS DEPARTMENT 2.1 SITE SPECIFIC CONDITIONS OF APPROVAL 2.1.1 Applicant shall be required to extend sanitary sewer and water services, and pay normal single family home assessment and meter fees. Exhibit A - 6 - 2.2 General Conditions of Approval 2.2.1 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. 2.2.2 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. 2.2.3 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. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 The Park’s Department has no comments on this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 The applicant shall apply for a Driveway Approach Permit from ACHD. Exhibit A - 7 - C. Legal Description & Exhibit Map for Annexation Boundary Exhibit A - 8 - Exhibit A - 9 - 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 1.57 acre property with an R-2 zoning district and develop one new single-family residential home consistent with the LDR FLUM for this property. The Council finds that the proposed map amendment complies with the provisions of the Comprehensive Plan and should be compatible with the adjacent school and residential uses (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 Council finds that the proposed map amendment to the R-2 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 Council finds that the proposed zoning map amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determinine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-5B-3.E). The Council finds annexing this property with an R-2 zoning district is in the best interest of the City. Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Minutes Approve Minutes of June 9, 2015 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: 7D ITEM TITLE: Approval of Minutes Approve Minutes of June 29, 2015 City Council Special Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Julv 21, 2015 ITEM NUMBER: PROJECT NUMBER: 7E ITEM TITLE: Approval of Minutes Approve Minutes of July 7, 2015 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 21, 2015 1 ITEM NUMBER: PROJECT NUMBER: 7F ITEM TITLE: Pedestrian Pathway Easement Ventana Pedestrian Pathway Easement Between Ventana LLC and the City of Meridian Regarding a Multi -Use Pathway Connecting Ventana Subdivision to Heritage Middle School 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 2015-066511 BOISE IDAHO Pgs=7 VICTORIA BAILEY 071231201511:07 AM MERIDIAN CITY NO FEE 11111111111111111111111111 s1 PEDESTRIAN PATHWAY EASEMENT THIS AGREEMENT, made and entered into this Q� day of t,)vt\ 2015, between Ventana LLC, an Idaho limited liability company, the party of the first part, hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, the party of the second part, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of a development on which portions of the Meridian Multiple -Use Pathway is located; and WHEREAS, the Grantee required as a condition of approval that the Grantor provide an easement for the pedestrian pathways, which easements are to be shown on the plat of Ventana Commons Subdivision; and WHEREAS, Grantor was responsible for the construction of the pathways with adjacent landscaping; and WHEREAS, it may be necessary for Grantee to maintain and service said pathways from time to time; NOW, THEREFORE, the Grantor does hereby grant unto the Grantee the following described property: (SEE ATTACHED EXHIBITS A AND B) The easement hereby granted is for the purpose of providing pedestrian pathway easements for multiple -use pathways designated in the City of Meridian Comprehensive Plan, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. Pedestrian Pathway Easement Ventana Commons Subdivision IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that maintenance, repair, and replacement shall be performed by Grantor until such time that the multiple -use pathway through Ventana Commons Subdivision connects from one major arterial to another and is greater than one-half mile long. After these conditions have been fulfilled, Grantor may petition Grantee to assume maintenance, repair, and replacement responsibilities. After making repairs or performing other maintenance, the party performing such work shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 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. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. Pedestrian Pathway Easement Ventana Commons Subdivision IN WITNESS WHEREOF, the said party of the first part has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR:( Ventana LLC �f 1 Corey D. Barton, Memb STATE OF IDAHO ) ss County of Ada ) On this day of _` 1 v, /, e- , 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Corey D. Barton, known or identified to me to be a Member of Ventana LLC, the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. vwuetay�.�,- �� KOL�eu NOTARY PUBLIC FOR IDAHO T e Residing at:L('I�"Qrn Commission Expires: G g Pedestrian Pathway Easement Ventana Commons Subdivision GRANTEE: CITY OF MERIDIAN y Tammy de WcerdCMVla, r��*-00 __. Ci'J of Attest b�-Jaycee Holman, Cij Cret,! "-- `,." o Approved By City Council On: STATE OF IDAHO ) F`Rfl Comity of Ada TR[ On this 3\ day of 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) uA. Pedestrian Pathway Easement NO R PUBLIC FOR IDAHO Residing at: " vn 6 t a t^s t EN Commission Expires: ,,�r,_ c-; Ventana Commons Subdivision June 10, 2015 Meridian City Pathway Easement Proposed Ventana Commons Subdivision An easement located in the SW'/4 of Section 30, TAN., RAE., B.M., Ada County, Idaho, being a strip of land 18.00 feet in width, left of and adjacent to the following described easement line: Commencing at the '/4 corner common to Section 25 of TAN., R.1 W., and the said Section 30, from which the Southwest corner of said Section 30 bears South 00°23'00" West, 2640.13 feet; Thence along the westerly boundary of the SW '/4 of said Section 30 South 00°23'00" West, 1615.13 feet; thence leaving said boundary South 89'46'14" East, 897.77 feet to the BEGINNING POINT of this easement line; Thence North 07°54'00" West, 146.90 feet the ENDING POINT of this easement line. Said easement containing 2,644 s.£, more or less. 140425-pathease.doc 31 ui SCALE 1 "-100' DWG.DATE 06/10/15 SHEET 1 OF 1 CITY OF MERIDIAN PATHWAY EASEMENT VENTANA COMMONS SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 30, T.4N., RJE., B.M. MERIDIAN, ADA COUNTY, IDAHO LA NO ITS 11118 4f(oIIS`, V W. ENGINEERING SOLUTIONS, 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 I / II 1/4 I I 25 30 I I '& m I O bl0 vNl I I ' I I I I`25 30 36 31 31 ui SCALE 1 "-100' DWG.DATE 06/10/15 SHEET 1 OF 1 CITY OF MERIDIAN PATHWAY EASEMENT VENTANA COMMONS SUBDIVISION LOCATED IN THE SW 1/4 OF SECTION 30, T.4N., RJE., B.M. MERIDIAN, ADA COUNTY, IDAHO LA NO ITS 11118 4f(oIIS`, V W. ENGINEERING SOLUTIONS, 1029 N. ROSARIO ST. STE 100 MERIDIAN, IDAHO 83616 Phone (208) 938-0980 Fax (208) 938-0941 +%C U) a) Lo Lo 75 on 0 CL V any SIIIH PG2l N F` t N� Lu puOwelQ N LU V U �we \7 W U a P21•uelppaw- Ott 0 T N (6 Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: 7G ITEM TITLE: Professional Services/ Moira Hugues Professional Service Agreement for Artwork for Traffic Box Community Art Project: Moira Hugues' "Fox Family MEETING NOTES F Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX COMMUNITY ART PROJECT This PROFESSIONAL SERVICES AGREEMENT FOR ARTWORK FOR TRAFFIC BOX ART PROJECT ("Agreement") is made this k;;iVay of } � A � �\ 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under of the State of Idaho ("City"), and lka }�P c h Uc oes ("Contractor"), an individual person and parent or legal guardian PLANT NAME OF PARENT OR LEGAL GUARDIAN of Moira Huges, a minor child ("Artist"). WHEREAS, the City desires that public art will be a component of our community, and to that end, the Meridian Arts Commission ("MAC") issued the Call for Artists attached hereto as Exhibit A, seeking proposals for the inclusion of artwork in the Traffic Box Art Image Repository, a repository of images portraying artwork available for reproduction on vinyl wraps to be installed on traffic signal boxes in Meridian, with permission from the property owner Ada County Highway District, as part of the Traffic Box Community Art Project ("Project"), as a benefit to the public; WHEREAS, Artist submitted a response to the Call for Artists, which response included the Application and Acknowledgments and letter of intent attached hereto as Exhibit B; WHEREAS, on May 18, 2015, the Meridian Arts Commission reviewed the responses to the Call for Artists, recommended works appropriate for inclusion in the Traffic Box Art Image Repository based on their respectively submitted proposals, including the artwork submitted by Artist, and on June 9, 2015, Meridian City Council accepted such recommendation, creating the Traffic Box All Image Repository via Resolution no. 15-1070;' WHEREAS, MAC recommended to City Council that a piece of art entitled Fox Family, depicted in Exhibit C hereto ("Artwork"), created by Artist and included in the Traffic Box Art Image Repository, become an installation as part of the Project, and the Meridian City Council accepted MAC's recommendation; and WHEREAS, Artist and Contractor wish to participate in the Project by allowing the Artwork to be scanned and formatted in order to depict the Artwork on a vinyl wrap installation on a traffic control box, subject to the following terms and conditions; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, the Parties agree as follows: 1. SCOPE. A. Delivery of Artwork; purpose. Contractor shall allow City to temporarily take possession of the original Artwork for the purpose of creating a digital image of the Artwork, printing such image on a vinyl wrap, and installing the vinyl wrap on one or more traffic control boxes in Meridian, Idaho. City shall not provide insurance to cover loss, theft, or damage of original Artwork and/or of Contractor's or Artist's person, property, or interests. Insurance of original Artwork shall be in Contractor's sole discretion and responsibility. Contractor shall bear any and all risks of and actual loss, theft, and/or damage to the original Artwork. B. License; alterations. Contractor grants to City an irrevocable license to digitally and/or photographically reproduce the image of the Artwork and to authorize third parties to do the same. Artist acknowledges and agrees that the process of photographing, digitizing, printing, and/or reproducing the image of Artwork on a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise PROFESSIONAL SERVICES AGREEMENT— TRAFFIC BOX COMMUNITY ART PROJECT PAGE 1 of 9 a vinyl wrap or wraps may require that the image, or portions thereof, be cropped, resized, or otherwise altered in order to transfer the image of the original Artwork onto a traffic control box, or for other purpose, in City's sole discretion. C. Copyright. Neither Artist nor Contractor shall make any claim to the copyright of the Artwork. Contractor expressly waives any and all right, title, or interest in the images or products created using Artwork. Contractor understands that this waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, and display. Contractor agrees to relinquish and waive any and all rights, title, and interest to the Artwork, images thereof, or images of any portion thereof, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Contractor understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. D. Limited edition. Contractor warrants and represents that the Artwork has never before been created, published, produced, reproduced, or copied; that Artist is the sole creator of the Artwork; and that Contractor, as Artist's parent or legal guardian, is the lawful owner of all rights in the Artwork and the content depicted therein. E. Ownership. City shall own the digital image created from Artwork and any portion or product thereof, including the vinyl wrap or wraps created therefrom. City shall also own the copyright to Artwork and any product or component thereof, including the vinyl wrap or wraps created therefrom. The installation location(s) of the vinyl wrap(s) created from Artwork, if any, will be selected in the City's sole discretion, and once installed, City or other duly authorized party may modify or remove, or allow modification or removal of same, in City's or other applicable agency's sole discretion. Contractor specifically waives the right to claim any remedy concerning the alteration of any image of Artwork or portion thereof, including the vinyl wrap or wraps created therefrom. City shall not be obligated by this Agreement to install any vinyl wrap or wraps featuring the digital image of Artwork or any portion thereof. F. Payment. City shall make total payment to Contractor for services rendered pursuant to this Agreement in the amount of three hundred dollars ($300.00). This payment shall constitute full compensation from City to Contractor and to Artist for any and all services, costs, and expenses related to services performed under this Agreement. Contractor and/or Artist shall be responsible for payment of any and all taxes due and owing for payment received under this Agreement. G. Photographs. Contractor consents to City's publication and/or use of any photographs or recordings of Artist, Artwork, or installations created using Artwork, for promotional purposes. II. TERMS AND CONDITIONS A. Acknowledgment. Contractor acknowledges that activity undertaken in conjunction with this Agreement presents risks, some of which are unknown, and agrees to assume all such risks. B. Indemnification; waiver. Contractor shall indemnify, save and hold harmless, release and forever discharge City and its agents and employees 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 Contractor, Artist, or City in the course of any activity associated with this Agreement not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. PROFESSIONAL SERVICES AGREEMENT -UTILITY BOX WRAP PAGE 2 of 9 C. Relationship of Parties. Contractor is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Contractor and City or between Contractor and any official, agent, or employee of City. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. G. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorneys or the opportunity to seek such advice. I. Compliance with law. Contractor and Artist shall comply with any and all applicable federal, state, and local laws. J. 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. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the -e day of w�b) 2015. CONTACTOR: ARTIST: Moira Hugues Print Name: Parent or Guardian of Moira Hugues CITY OF In AliCOg�A I Tammy de 1Vperd, Mayor 112I1�IANa cee lman, City Clerk n110 7 r PROFESSIONAL SERVICES AGREEMENT— TRAFFICto COMMUNITY AR ROJECT PAGE 3 of 9 t '��be iN ETS�P EXHIBIT A CALL FOR ARTISTS PROFESSIONAL SERVICES AGREEMENT — UTILITY BOX WRAP PAGE 4 of 9 Meridian 1 Commission Call for Artists: TRAFFIC BOX ART IMAGE REPOSITORY OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals of two-dimensional artwork to be added to a repository of images portraying artwork available for reproduction on a vinyl wrap to be installed on a traffic box in Meridian. As funding becomes available, MAC and/or a sponsoring partner may select a piece of artwork represented in the repository to reproduce as a vinyl wrap. A $300 stipend shall be available for artists whose work is selected for reproduction as a vinyl wrap to be installed on a traffic box, following execution of, and pursuant to, a written agreement with the City of Meridian and scanning of the original artwork portrayed in the selected image by City or City's selected vendor. ELIGIBILITY: The Traffic Box Art Image Repository is to include original artwork by artists who live or work in Idaho's Treasure Valley, created using any medium, so long as it can be represented in a high-resolution digital image without loss of integrity or quality. No artwork will be included in the repository which does not meet the selection criteria. Artists whose work is selected for reproduction as a vinyl wrap will be required to enter into a written agreement with the City setting forth specific terms and conditions of inclusion. Each person may submit up to ten (10) images for consideration; a maximum of two (2) images per person will be selected for inclusion in the repository. PROPOSAL REQUIREMENTS: An artist wishing to submit an image for inclusion in the digital repository must provide the following materials and information to MAC in order to be considered for inclusion in the digital repository: • Completed, signed Traffic Box Art Image Repository Application £t Acknowledgements form; • One-page letter of intent, including biography of the artist, on 8.5x11" sheet of 20 lb., white paper; and • Up to ten (10) digital images, in .jpg format, of original artwork proposed for inclusion in the digital repository, on a CD or jump drive; image file names must include artist's last name and artwork title. Materials submitted will not be returned. E-mailed submissions wilt not be accepted; materials must be submitted via U.S. Mail or in-person delivery, addressed to: Meridian Arts Commission Attn: Traffic Box Art Digital Repository Proposal 33 East Broadway Avenue Meridian ID 83642 DEADLINE: This call shall be open until 5:00 p.m. on Friday, May 1, 2015. SELECTION PROCESS: The selection of art for inclusion in the digital repository will be made by MAC. MAC will jury submissions at its regularly scheduled meetings, as they are received. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a public space; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of the Meridian community. Artwork will be deemed inappropriate which portrays: content which violates copyright or other known legal ownership interest, profanity, obscenity, indecency, violence, pornography; discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or nationality; defamation or personal attacks. CONTACT MAC: Questions regarding this Call for Artists may be sent via e-mail to mac@meridiancity.org. EXHIBIT B APPLICATION MATERIALS PROFESSIONAL SERVICES AGREEMENT—UTILITY BOX WRAP PAGE 6 of 9 Meridian Commission Application & Acknowledgments: TRAFFIC BOX ART DIGITAL REPOSITORY Applicant: E-mail address: Mailing address: Physical address: Applicant phone: Image title(s): i. cax t'cIo ;I1. 2. _. 3. EN I hereby acknowledge the following stipulations and agree that if one of the images listed above is selected for inclusion in the Traffic Box Art Digital Repository, such inclusion shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance Agreement between myself and the City of Meridian. I specifically acknowledge and agree that: A. All artwork submitted with this proposal for consideration for inclusion in the digital repository is original work that I myself conceived and created in all respects. B. Before work represented in the digital repository may be installed as a vinyl traffic box wrap, I will be required to enter into a written agreement with the City of Meridian establishing the specific terms and conditions of such installation. No entitlement will issue or attach prior to negotiation and execution of such agreement. C. Before work represented in the repository may be installed as a vinyl traffic box wrap, I will be required to provide the original artwork from which the image was taken. If the original artwork is no longer in my possession, I will advise the Meridian Arts Commission so that the image may be removed from the digital repository as a potential option for installation as a vinyl wrap. D. Upon submission of artwork to the City of Meridian for consideration for inclusion in the digital repository, such submission is a public record, subject to the Idaho Public Records Act. E. Artwork included in the digital repository may be removed from the repository, and/or the INI IA repository may be deleted or discontinued, without notice to the artist. 44 F. The City seeks to encourage artistic expression and public dialogue, but must simultaneously ensure that persons of diverse ages and perspectives feel welcome and comfortable in public spaces. To this end, only artwork meeting the eligibility standards described in the Call for Artists shall be included in the digital repository. I acknowledge and understand, and submit my proposal subject to, each and all of these terms and conditions. Signature: 14 ° !`y—— Date: q — May 1, 2015 Meridian Arts Commission 33 East Broadway Avenue Meridian ID 83642 My name is Moira Hugues, and I would like to submit my artwork to the traffic box art repository. I work mostly in digital media, so the image I have included is the original image at a high enough resolution that it can easily be enlarged for printing. If you would like to contact me, feel free to email me anytime at hugues.moira@gmail.com or call (208)860-5683 outside of high school hours. ArtistB— iooraphy Moira was bom and raised in Idaho, living in Pocatello, Boise, and Meridian. She currently lives with her family and goes to school in Meridian. She has taken many art and creative writing classes in school, and those combined with a keen interest in comics and cartoons greatly shape her artwork. She can be found attending workshops at Anime Oasis, Fandemonium, and the Boise Library Comic -Con, or browsing Mark Crilley's YouTube drawing tutorials. Moira has participated in several artistic events, including Initial Point Gallery's showcase of artwork from her high school. She has participated in several art competitions hosted by Anime Oasis, Geeks Under Grace, Sketch Club, the Boise Library Comic -Con, and the West Ada school district. Moira works mostly in digital media through Adobe Photoshop and the iOS app Sketch Club. She enjoys the versatility of layers, variety of tools, customizable canvas sizes, and the fact that drawing digitally doesn't cost any money or supplies. Digital art takes the same amount of skills as other traditional artwork mediums, just a different set of them. Moira's artwork is meant to tell stories. Just as in comics, the story itself is usually quite literal. Viewers are welcome to find their own meanings, but her intention is to show an event exactly as it appears. Occasionally, usually when there isn't much action in the image, it is more metaphorical for a cause or idea she supports. Her main goal is to entertain herself and her viewers. EXHIBIT C FOX FAMILY PROFESSIONAL SERVICES AGREEMENT -TRAFFIC BOX COMMUNITY ART PROJECT PAGE 9 of 9 Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: 7H ITEM TITLE: Purchase Agreement Bryant Ideas Purchase Agreement for Fabrication and Installation of Vinyl Traffic Box Wraps with Bryant Ideas for NTE $3,095.00 MEETING NOTES l r! rr Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS This PURCHASE AGREEMENT FOR FABRICAT�>€ON AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS ("Agreement") is made this day, of July, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bryant Ideas of Idaho, a general corporation registered with the State of Idaho ("Vendor"). (City and Vendor may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of the Meridian community and to that end, the Meridian Arts Commission issued an Invitation for Quotation, seeking bids for traffic box vinyl wrap fabrication and installation; WHEREAS, Vendor submitted the quote attached hereto as Exhibit A ("Vendor's Quote"), and was the lowest responsive and responsible bidder; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: 1. SCOPE OF SERVICES. Vendor shall design and fabricate and install five (5) vinyl traffic box wraps in accordance with all provisions of Vendor's Quote, including, without limitation, the general specifications set forth on page 12 of Vendor's Quote. The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both Parties. Any such increase will be governed by the terms and conditions of this Agreement and the Invitation for Quotation. Vendor's Quote shall be valid for up to three (3) years. Any expansion of the quantity specified or extension of the term of this Agreement shall be authorized by written addendum to this Agreement. II. COMPENSATION. A. Total amount. The total payment to Vendor under this Agreement shall be three thousand, ninety-five dollars ($3,095.00). This amount shall constitute full compensation for any and all services, materials, and costs to be furnished by Vendor. B. Method of payment. Vendor shall provide City with an invoice for services and/or materials provided, pursuant to the pricing and delivery schedule set forth on page 9 of Vendor's Quote, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Vendor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Vendor. PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TY2AFFIC Box WRAPS PAGE 1 of 7 IILTIME OF PERFORMANCE. A. Term of lease. The term of this Agreement shall begin on the Effective Date and except as otherwise specified herein or earlier terminated by either Party by the method established herein, shall expire on September 30, 2015. B. Timeline. In addition to the benchmarks set herein, Vendor shall meet the benchmarks set forth in the pricing and delivery schedule set forth on page 9 of Vendor's Quote, except that the anticipated delivery date for "Template Prep & Proof of artwork formatting" shall be July 24, 2015. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Proof prior to fabrication. Prim to fabrication, Vendor shall provide a proof of artwork formatting to City's Arts & Culture Specialist to ensure compliance with the general specifications and to obtain approval of formatting. If the Arts & Culture Specialist finds that the depicted artwork or any portion or component thereof do not conform to the specifications as described and depicted in Vendor's Quote or to reasonable aesthetic considerations described by the Arts & Culture Specialist, the Arts & Culture Specialist shall, within two (2) working days of receipt of the proof from Vendor, provide Vendor written notice of the specific non- conformity and request that Vendor address the specified non -conformity or aesthetic consideration. Vendor shall have two (2) working days to correct the non-confonnity and provide a corrected proof to the Arts & Culture Specialist. If, upon review of the corrected proof, the Arts & Culture Specialist concludes that the proof remains nonconforming, termination procedures may commence. City's failure to disapprove the proof shall constitute presumptive approval of the Artwork as inspected. D. Contact ACHD prior to installation. At least fourteen (14) days prior to installation of each wrap, Vendor shall contact Tony Finch, Traffic Signal Maintenance Crew Chief at the Ada County Highway District ("ACHD") via e-mail at tkinch@achdidaho.org, notify him of the scheduled date(s) of installation and location(s) at which wrap(s) will be installed, and request that ACHD clean each signal box prior to installation. Vendor shall follow all instructions provided by ACHD regarding installation. IV. MAINTENANCE AND REPAIR. A. Warranty. Vendor shall warranty the vinyl wrap for one (1) year as specified on page 12 of Vendor's Quote. During such year, Vendor shall be fully responsible for all defects in materials and during such year shall replace any defective wraps in a timely fashion at no cost to City, except that during such year Vendor shall not be required to replace under this warranty a wrap that is damaged by ACHD, by vandalism, or by an act of God. This provision shall survive the termination or expiration of this Agreement. PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 2 of 7 B. Determination of need for replacement. In the first year following installation, City shall make any and all determinations regarding whether the wrap requires replacement due to defect. Vendor may be asked to provide input regarding such matter, but the decision regarding the need for replacement shall be made by City. This provision shall survive the termination or expiration of this Agreement. V. GENERAL PROVISIONS. A. Ownership. Following installation, the vinyl wraps shall be owned by City. B. Subcontracting or assignment of obligations. Vendor shall not subcontract or assign any of Vendor's obligations under this Agreement. C. Indemnification. Throughout the tern of this Agreement, and for one (1) year following installation, Vendor shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Vendor or Vendor's servants, agents, employees, guests, and/or business invitees, attributable to Vendor's actions under this Agreement. This provision shall survive the termination or expiration of this Agreement. D. Waiver. Vendor waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Vendor's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. E. Insurance to be obtained by Vendor. Vendor shall obtain and shall maintain, at Vendor's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Vendor and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non -owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Vendor shall obtain and shall maintain, at Vendor's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Oregon or Idaho law, whichever is higher, to cover any and all persons employed by Vendor. F. Proof of insurance. Vendor shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Vendor has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Vendor or Vendor's insurance agent shall notify City immediately. On all insurance policies required under this agreement, such policies shall provide that they PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 3 of 7 may not be cancelled or reduced in coverage except upon thirty (3 0) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terns set forth herein may constitute grounds for termination of the contract. VI. TERMINATION. A. Termination. If City determines that Vendor has failed to comply with any tern or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Vendor for work actually completed by Vendor prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Vendor. In the event of termination for non-perfornance or default by Vendor, except that caused by the death or incapacity of Vendor, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Vendor shall not be relieved of any liability for damages sustained by City attributable to Vendor's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Vendor is determined. Vendor shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Vendor. This provision shall survive the termination of this Agreement and shall not relieve Vendor of liability to City for damages. B. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Vendor is an independent contractor and neither Vendor nor any officer, employee, subcontractor, assignee, or agent of Vendor shall be deemed an employee, agent, joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Vendor and City or between Vendor and any official, agent, or employee of City. Both parties acknowledge that Vendor is not an employee of City. Vendor shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Vendor understands, acknowledges, and agrees: PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE 4 of 7 I . Vendor is free from actual and potential control by City in the provision of services under this Agreement. 2. Vendor is engaged in an independently established trade, occupation, profession, or business. 3. Vendor has the authority to hire subordinates. 4. Vendor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Vendor shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. Throughout the course of this Agreement, Vendor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protector establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. I. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. J. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or sending via e-mail, addressed as follows: PURCHASE AGREEMENTFOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC Box WRAPS PAGE of Vendor: Holly Cichoski Bryant Ideas of Idaho, Inc. 1500 N. Locust Grove, Suite 100 Meridian ID 83642 208-846-8600 holly@bryantideasidaho.com City: Hillary Bodnar Arts & Culture Specialist 33 E. Broadway Ave. Meridian ID 83642 (208)489-1422 hbodar@ineridiancity.org Either party may change its address for the purpose of this provision by giving written notice of such change in the manner herein provided. K. Exhibits. All exhibits to this Agreement, including the terms and conditions of Invitation for Quotation, are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. In the event of conflicting provisions, the provisions of this Agreement shall prevail. L. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the' day of July, 2015. Bryant Idegs of Idaho, Inc. CITY OF MERIDIAN: PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL T AFFIL Box WRAPS PAGE 6 of 7 EXHIBIT A VENDOR QUOTE PURCHASE AGREEMENT FOR FABRICATION AND INSTALLATION OF VINYL TRAFFIC BOX WRAPS PAGE 7 of 7 ARTS & CULTURE SPECIALIST /t 33 East Broadway Ave. Ste. 106, Meridian, ID 83642 Phone: (208) 888-4433 x417 Meridian Commission Fax: (208) 887-4813 INVITATION FOR QUOTATION CONTRACT SPECIFICATIONS FOR: TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION QUOTES MUST BE RECEIVED PRIOR TO 2:30 P.M. JUNE 25, 2015 DELIVER TO: MERIDIAN ARTS COMMISSION, ARTS & CULTURE SPECIALIST 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Prepared by Hillary Bodnar NAME AND ADDRESS OF VENDOR SUBMITTING QUOTE NAME: Bryant Ideas of Idaho ADDRESS: 1500 N Locust Grove Ste.100 DATE: 6/23/15 Meridian, ID 83642 QUOTE TO THE MERIDIAN ARTS COMMISSION RECEIVED BY THE QUOTES MUST BE MERIDIAN, IDAHO ARTS & CULTURE SPECIALIST ARTS & CULTURE SPECIALIST 33 EAST BROADWAY AVE., STE 106 PRIOR TO 2:30 P.M. ON JUNE 25. 2015 FOR: TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION Name of Vendor Bryant Ideas of Idaho Telephone 208-846-8600 Type of Business: [ ] Individual doing business under own name [X] Corporation [ ] Individual doing business using a firm name [ ] Partnership [ ] Joint venture (Please attach Joint Venture Agreement) [ ] LLC (Limited Liability Corporation Business Address: 1500 N Locust Grove Meridian Street City Business Email Address: holly@bryantideasidaho.com To the Meridian Arts Commission: ID 83642 State Zip Code The undersigned, as vendor, certifies under penalty of perjury that the only persons or parties interested in this quote as principals are those named herein as vendor; that this quote is made without collusion with any other person, firm, or corporation; that in submitting this he/she has examined the "General Conditions and Instructions to vendors" and the specifications; that he/she proposes and agrees if this quote is accepted, he/she will perform all the work and /or furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements as thein set forth; and that he/she will take in full payment therefore, the prices set forth in the attached schedule. Cichoski- President Typed or Printed Name and Title Address (if different than above business address) Page 2 of 12 PROJECT DESCRIPTION The Meridian Arts Commission is requesting quotations for TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION. The Meridian Arts Commission (MAC) seeks to wrap five traffic boxes between July and August 2015. Artwork has already been selected and approved by MAC and Meridian City Council. MAC intends to wrap multiple boxes each year, for the next several years, as the budget allows. The Meridian Arts Commission reserves the right to select an alternate vendor. Meridian Arts Commission Representative Hillary Bodnar, Arts & Culture Specialist 33 East Broadway Ave Meridian, ID 83642 (208) 489-0422 Fax (208) 887-4813 hbodnar@meridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Invitation for Quotation or any part thereof must be requested in writing and directed to the person named as the Meridian Arts Commission Representative and in accordance with "Additional Terms and Conditions (Quote Inquires). Violation(s) may be caused for rejection of the quote. Dated: -71ILi 1-2-01-5 MERIDIAN ARTS COMMISSION Hillary Bodnaortg & Culture Specialist Page 3 of 12 DECLARATION UNDER PENALTY OF PERJURY PLEASE READ CAREFULLY BEFORE SIGNING To be signed by authorized corporate officer or partner or individual submitting the QUOTE. EXAMPLE If vendor is: Sign: 1. An individual doing business ........................ Your name only Under own name. 2. An individual using a firm name .................... John Doe, an individual doing business as Blank Company 3. A partnership ........................................... John Doe and Richard Roe, partners doing business as Blank Company, by John Doe, Partner 4. A corporation ........................................... Blank Company, by John Doe, Secretary (or other title) ant Ideas of Idaho, Holly Cichoski, President Typed or Printed Name and Title Address (if different than above business FOR MERIDIAN ARTS COMMISSION USE ONLY QUOTE was opened on or by above date. QUOTE bond required: [ X] No [ ] Yes Amount $ �, O 9 � Received: [ ] Cashiers or Certified Check drawn on a Idaho bank [ ] Surety Bond Commission Page 4 of 12 1� "I Ql-� L , Arts & Culture ecialist, Meridian Arts GENERAL CONDITIONS AND INSTRUCTIONS TO VENDOR Quote must be submitted on the form provided by and made available at the office of the Meridian Arts Commission's Arts & Culture Specialist, Suite 106. All items shall be filled in and the signatures of all persons signing shall be written Quotes shall be delivered to the Meridian Arts Commission Arts & Culture Specialist, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642 prior to 2:30 P.M. on JUNE 25, 2015. Quotes, received after that time will be returned unopened to the respective vendor and will not be considered for evaluation. Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the quote. a) TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION b) JUNE 25, 2015 (JUNE 25) 2. Alternate quotes will NOT be considered unless otherwise stipulated. The Meridian Arts Commission reserves the right to waive any informalities or minor irregularities in connection with the quotes received. 4. If materials are proposed, they are to be newest and latest model in current production. Used, remanufactured, shopworn, demonstrator, prototype or discontinued models are not acceptable unless otherwise stipulated. Within thirty (30) days after the quote due date, a contract may be awarded by the City to the lowest responsive and responsible vendor, subject to the right of the City to reject all quotes, as it may deem proper in its absolute discretion. The time for awarding a contract may be extended at the sole discretion of the City. If required to evaluate quotes or for such other purposes as the City may determine, unless the vendor objects to such extension in writing with this quote. 6. The Meridian Arts Commission does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. SUBJECT TO PARAGRAPH 4 ABOVE, THE MERIDIAN ARTS COMMISSION MAY NOT ACCEPT A QUOTE FAILING TO COMPLY WITH ANY OF THE ABOVE STATE REQUIREMENTS. Page 5 of 12 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate Officer or the owner or a partner in the business entity submitting this quote; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this quote, that the undersigned knows and represents and warrants to the Meridian Arts Commission that this quote is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this quote. I declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: Bryant Ideas of Idaho BY: Holly Cichoski TITLE: President ADDRESS: 1500 N Locust Grove Ste. 100 Meridian, ID 83642 EMAIL ADDRESS: holly@bryantideasidaho.com PHONE NUMBER: 208-846-8600 DATE: 6/23/15 OF AUTHORITY TO SIGN Page 6 of 12 ADDITIONAL TERMS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS The vendors shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the quote, dispute such specifications and the directions explaining or interpreting them. AWARD The Meridian Arts Commission reserves the right to make an award on any item, group of items in the aggregate to that/those lowest responsible contractors (s) whose quote (s) is/are most responsive to the needs of the City. EVALUATION (Inspection) Materials and installation will be inspected before acceptance by an authorized representative of the Meridian Arts Commission for workmanship, appearance, proper functioning of all equipment and systems, and conformance to all other requirements of the specifications. If deficiencies are found, it shall be the responsibility of the contractor to replace for inspection and acceptance. Payment will not be made until corrective action has been made. QUANTITIES (Additions The quantity specified is based upon current known requirements and is subject to increase if mutually agreeable to both parties. Any said increase will be governed by the same terms and conditions of this Invitation for Quotation. The Meridian Arts Commission may wrap multiple traffic boxes in upcoming years. The quotes herein may be referred to over the next three years as the Meridian Arts Commission is able to support this project. WARRANTY/GUARANTEE Contractor delivering equipment / goods against this specification shall guarantee that the equipment / goods meet the minimum requirements set forth herein. If it is found that the equipment / goods delivered do not meet the minimum requirements of this specification, the Contractor will be required to correct the same at the Contractor's expense. a Al Brand names and numbers, when used, are for reference to indicate the character and quality desired. Vendors may offer comparable "EQUAL" products unless expressly prohibited herein. If necessary, the burden of proof and cost on analysis to determine equality shall be that of the Contractor. If proposing an "EQUAL", please state name of manufacturer, model, and part number, if applicable, and enclose descriptive literature. Page 7 of 12 PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Quotations, General Conditions and Instructions to Vendors, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Vendor's Submittal, and any other related documents will remain on file in the office of the City Arts & Culture Specialist. It is understood that these documents will form the basis of the purchase agreement upon award of the contract. All materials or services supplied by the Contractor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. NON -COLLUSION STATEMENT All vendors are hereby notified that, in the event a contract is awarded to a vendor whose quote was made in collusion with other vendors for the same equipment, the resulting contract is not enforceable against the awarding agency an may be void by that agency. PUBLIC RECORDS The Meridian Arts Commission is a public agency. All documents in its possession are public records. QUOTEs are public records and, except as noted below, will be available for inspection and copying by any person. If any vendor claims any material to be exempt from disclosure under the Idaho Public Records Law, the vendor will expressly agree to defend, indemnify and hold harmless the Meridian Arts Commission from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The Meridian Arts Commission will take reasonable efforts to protect any information marked "confidential" by the vendor, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the vendor upon request after the award of the contract. It is understood, however, that the Meridian Arts Commission will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any QUOTE is subject to potential disclosure. QUOTE INQUIRIES Questions, in written form, regarding this quote should be directed to: Meridian Arts Commission, Finance Department, Attn: Hillary Bodnar, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642. 1 hbodnar@meridiancity.org 1 208-489-0422 PAYMENT AND INVOICING Invoices, in duplicate, shall be mailed or delivered to: Meridian Arts Commission, Accounts Payable, 33 East Broadway Avenue, Ste. 106, Meridian, ID 83642 Page 8 of 12 TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION QUANTITY DESCRIPTION UNIT AMOUNT EXTENDED r"v i n irmi ru DELIVERY DATE 5 Template Prep & Proof of artwork formatting 5 25 125 July 17, 2015 5 Art Preparation & Prepress, including artwork scan 5 25 125 July 31, 2015 Approx. 52 sq/ft/box Two -mil 3M Controltac Graphic Film, Series 180 August 14, 2015 5 boxes 5 375 1875 Approx. 52 sq/ft/box Two -mil 3M Scotchcal Luster or Matte Overlaminate August 14, 2015 5 boxes 5 79 395 5 Installation of vinyl wraps 5 100 500 By August 21, 2015 5 Installation of artist plaques 5 15 75 By August 21, 2015 5 One year warranty due to defects in materials used 5 Incuded August 21, 2015 5 One year warranty on installation and/or workmanship5 Included August 21, 2015 9 TOTAL QUOTE AMOUNT Is 3095 Total cost to include all labor, material, equipment, freight, insurance, travel, lodging, incidental, and applicable taxes F.O.B. Prices shall be submitted F.O.B. Destination. Certificate of Understandinq The undersigned represents and warrants that the undersigned has reviewed and understands the plans, specifications and other documents, and the undersigned is satisfied with all conditions for performance of the work. The undersigned has checked carefully all the above figures and understands that the Meridian Arts Commission will not be responsible for any errors or omissions on the part of the undersigned in creating this quote. CONTRACTOR/FIRM: Bryant Ideas of Idaho AUTHORIZED SIGNATURE:G�x�% PRINTED OR TYPED NAME: Holly Cichoski Page 9 of 12 President DATE: 6/23/15 DO NOT DETACH THIS SHEET - SUBMIT ENTIRE QUOTE PACKAGE AS YOUR QUOTE Page 10 of 12 Meridian 1 Commission SPECIFICATIONS TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION JUNE 2015 Page 11 of 12 MERIDIAN ARTS COMMISSION TRAFFIC BOX VINYL WRAP FABRICATION & INSTALLATION GENERAL SPECIFICATIONS 1. SCOPE In accordance with The Meridian Arts Commission's (MAC) strategic plan and the Meridian Art in Public Spaces Ordinance MAC intends to wrap five traffic boxes each year for several years as part of their Traffic Box Community Art Project. MAC coordinates with Ada County Highway District once traffic box artwork and locations are selected and installation dates are proposed. MAC, or a representative, is to approve any and all formatting proofs prior to installation of the vinyl wrap. The Meridian Arts Commission reserves the right to select an alternate vendor. I. The vendor will be responsible for any and all template preparation work required to develop a proof of artwork formatting. II. The vendor will provide said proof to the Arts & Culture Specialist to obtain approval. III. The vendor will provide artwork preparation and prepress including, but not limited to, scanning the original artwork to produce a high resolution image to be used for fabrication of image on vinyl. IV. The vendor will install the vinyl wraps at each project site. V. The vendor will produce and install artist plaques at each project site. MATERIALS USED The vendor is required to use 2 -mil 3M Controltac Graphic Film, Series 180 and 2 -mil 3M Scotchcal Luster (or Matte) Overlaminate or EQUALS for fabrication and installation. Approximately 52 sq./ft. is required for each traffic box wrap. 3. WORKMANSHIP The vendor will be held responsible for quality of workmanship, including prefabrication and installation of vinyl wrap. 4. WARRANTIES The vendor must provide a minimum of a one year warranty of the vinyl wrap due to defects in materials used. This is to include vendor adherence to specifications outlined by the product specifications as well as any overlooked product defects. The vendor must provide a minimum of a one year warranty on the installation of the vinyl wrap, including any issue with improper coverage, seams, artwork fading or other unwanted wear due to improper installation. Page 12 of 12 Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: FP 15-023 PROJECT NUMBER: 71 ITEM TITLE: Hills Century Farm Subdivision FP 15-023 Hill's Century Farm Subdivision No. 3 by Brighton Investments, LLC Located 5340 S. Eagle Road Request: Final Plat Approval Consisting of Thirty -Nine (39) Building Lots and Five (5) Common Lots on 11.2 Acres of Land in the R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: $ ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES _A0v— 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: July 21, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Resolution: Emergency Expenditure Purchasina Department: Resolution No. /,S' 1077 A Resolution Ratifying an Emergency Expenditure Necessary to Perform Road Repair Work to Safeguard Life, Health and Property Following a Water Main Rupture; Authorizing the Expenditure of Public Money to Safeguard Life, Health and Property; and Providing an Effective MEETING NOTES e 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 Wafts, Purchasing Manager CC: Jacy Jones, Dennis Teller Date: 7/16/2015 Re: July 215E City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the July 21st City Council Agenda under Purchasing Department Report for Council's consideration. Approval of a Resolution for Emergency Repair of a water main break on Franklin Rd in the Not -To -Exceed amount of $34,883.00. Recommended Council Action: Approval of Resolution Ratifying an Emergency Expenditure of $34,883.00 for repair of the water main rupture on Franklin Rd. Thank you for your consideration. • Page 1 CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. 15- 10`7 BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION RATIFYING AN EMERGENCY EXPENDITURE NECESSARY TO PERFORM ROAD REPAIR WORK TO SAFEGUARD LIFE, HEALTH, AND PROPERTY FOLLOWING A WATER MAIN RUPTURE; AUTHORIZING THE EXPENDITURE OF PUBLIC MONEY TO SAFEGUARD LIFE, HEALTH AND PROPERTY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 9th day of April, 2015, a municipal water main ruptured on E. Franklin Road, near S. Adkins Way; and WHEREAS, immediate repair of the municipal water main by City of Meridian employees was necessary to restore water service and rectify the imminent threat to life, health, and property; and WHEREAS, the emergency water main repair resulted in damage to the Franklin Road right-of- way; and WHEREAS, in order to protect the City's infrastructure and return the roadway to its pre - emergency condition, there was an immediate need to hire a contractor without compliance with formal bidding procedures to re -pave the road surface and install replacement concrete utility collars in the roadway; and WHEREAS, Pursuant to Section 67-2808, Idaho Code, it is deemed necessary by the Council of the City of Meridian to ratify the emergency hiring of the roadway repair contractor and approve the expenditure of funds for the cost of the road work undertaken. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That hiring of Knife River Company to perform emergency road repairs is hereby ratified. Section 2. That the expenditure of public money to safeguard the life, health and property of the City of Meridian is hereby authorized in the amount of $34,883.00 as set forth in the Knife River Company invoice, attached hereto as Exhibit A. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2015. ADOPTED by the City Council of the City of Meridian, Idaho, this 21 st day of July, APPROVED by the Mayor of the City of Meridian, Idaho, this 21st day of July, 2015. Mayor Tam�ttiy ATTEST: coo 9 it Ot By, Jaycee . Holman, City Clerk Itt1oA11 y SEAL �FyTfR °f iAe TAf SU �ti EXHIBIT A ..file Edit Vlesx Wxdmv ::We fJ<wa.�eI*Inn�®@oIoo��Qra4p ".. *' []] / T1 IN 0 1 U. C4 819% _ I M © Wrm.Nwiraa. Toois . Si, :Comment ��KNIFE RIVER Rlele EA CO. 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Tools I Sign ' Coent u �. g7j IFERIVER Ci t y C o u n c i l M e e t i n g Ju l y 2 1 , 2 0 1 5 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 1 0 A , B : S o u t h r i d g e E s t a t e s S u b d i v i s i o n Re z o n e E x h i b i t Pr e l i m i n a r y P l a t (R E V I S E D ) Landscape Plan De s i g n G u i d e l i n e s & E l e v a t i o n s fo r S o u t h r i d g e E s t a t e s S u b d i v i s i o n It e m # 1 0 C & D : A v e b u r y S u b d i v i s i o n – Z o n i n g / A e r i a l M a p Av e b u r y S u b d i v i s i o n – P r o p o s e d P r e l i m i n a r y P l a t / L a n d s ca p e P l a n Av e b u r y S u b d i v i s i o n – R e v i s e d P l a n a n d P i n e A v e n u e C r o s s Se c t i o n Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Co n c e p t u a l B u i l d i n g E l e v a t i o n s Fl o o r P l a n Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: RZ 14-007 PROJECT NUMBER: 1 CIA ITEM TITLE: Southridge Estates Subdivision Public Hearing: RZ 14-007 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Rezone of 3.05 Acres from R- 15 to TN -R; 1.67 Acres from R-4 to R-8; and 0.83 of an Acre from R-8 to R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EMAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: PP 14-017 PROJECT NUMBER: 10B ITEM TITLE: Southridae Estates Subdivision Public Hearing: PP 14-017 Southridge Estates Subdivision by DBTV Southridge Farm, LLC Located South of W. Overland Road Between S. Linder Road and S. Ten Mile Road Request: Preliminary Plat Approval Consisting of 168 Single -Family Residential Building Lots and 329 Common/Other Lots on 48.56 Acres of Land in the R-4, R-8 and TN -R Zoning Districts MEETING NOTES P Mt F 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 21, 2015 ITEM # PROJECT NUMBER RZ 14-007 and PP 14-017 PROJECT NAME Southridge Estates Subdivision PLEASE PRINT NAME Criv CF c�l CITY CLERKS FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: July 21, 2015 ITEM NUMBER: RZ 15-008 PROJECT NUMBER: 10C ITEM TITLE: Avebury Subdivision Public Hearing Continued from July 7, 2015: RZ 15-008 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Rezone of Three (3) Acres of Land from the L -O Zoning District to the 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: July 21, 2015 ITEM TITLE: Avebury Subdivision ITEM NUMBER: PP 15-007 Public Hearing Continued from July 7, 2015: PP 15-007 Avebury Subdivision by Avebury Development, LLC Located North Side of E. Pine Avenue and West of N. Locust Grove Road Request: Preliminary Plat Approval Consisting of Fifteen (15) Single Family Residential Lots and Five (5) Common Lots on Approximately Three (3) Acres in a Proposed R-15 Zoning District MEETING NOTES 6/9' 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE July 21, 2015 ITEM # 4C/D PROJECT NUMBER RZ 15-008 and PP 15-007 PROJECT NAME Avebury Subdivision PLEASE PRINT NAME FOR AGAINST NEUTRAL CfTYCLERKS 3FFiC Meridian City Council Meeting DATE: July 21, 2015 ITEM TITLE: Future IJ ► I _c __ PROJECT NUMBER: 11 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